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AmyG5 (North Carolina)
Posts: 13
Posted:
Is the board required to give a copy of the Board Members Minutes (or grant access to them) if a homeowner requests? (this is not the HOA meeting minutes which are distributed to homeowners, but the minutes taken when just the board members meet.) Thanks to anyone who can guide us in this.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Hi Amy,

What do your governing documents say about access to association records? Typically you answer will be within those documents.

Is your Association incorporated as a nonprofit (most are)? If so, then North Carolina Nonprofit Corporation Act could be applicable. ยง 55Aโ€‘16โ€‘02 addresses Inspection of records by members. Per this section, under some restrictions, a member may inspect board meeting minutes. Typically, only the approved (not draft) minutes of the Board are made available.

Is your Association covered under the North Carolina Planned Community Act or under North Carolina Condominium Act?

ยง 47Fโ€‘3โ€‘118, of the North Carolina Planned Community Act and ยง 47Cโ€‘3โ€‘118, of the Condominium Act, address access to records and specifies that "All financial and other records, including records of meetings of the association and executive board, shall be made reasonably available for examination by any lot owner and the lot owner's authorized agents as required in the bylaws and Chapter 55A of the General Statutes." Chapter 55 is the corporation laws.

Have you asked for copies and been denied?
If you did ask, what was the boards response?

Please note, that a board may impose a charge for copies of those records and some records, because of privacy and legal issues, are typically not provided without a court order.

Hope this helps,

Tim
AmyG5 (North Carolina)
Posts: 13
Posted:
Thank you Tim. Your info was very helpful. It is noted in the bylaws that minutes be taken and that access be given As well- the NC Condo Act gives access. Request has been denied, but hopefully with this info board will comply. Thanks again.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Amy,

Have you simply asked for a copy of your HOA's meeting minutes? In the digital era, I'm betting a word processor has created a digital copy of those minutes that can be easily emailed to you free of charge. Contact your board secretary or president and ask. Executive session minutes would not be available, of course.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By KellyM3 on 05/10/2012 7:48 PM
Amy,

Have you simply asked for a copy of your HOA's meeting minutes? In the digital era, I'm betting a word processor has created a digital copy of those minutes that can be easily emailed to you free of charge. Contact your board secretary or president and ask. Executive session minutes would not be available, of course.

I stand corrected on your inquiry to your board. Show them the law. It's silly for you not to have access to minutes of a meeting for which your money subsidizes the body's operations and decisions.

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