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RB4 (Illinois)
Posts: 15
Posted:
The board of directors meeting minutes are not complete, in that they do not print topics that were discussed which may show boardmembers, actions that were questionable, and in some instances outright wrong/illegal. Can I put out a newsletter (and/or email) to other homeowners to make them aware of this. The HOA is in Illinois and is a not for profit corp. Thanks.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My question is was a FINAL decision made in these queationable actions/statements? Usually discussion topics with no decisions are not part of the final notes.

You are opening the door to rumor and induendo by printing it to others. People should attend the meeting s in person anyways...

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Short answer is YES.

You have freedom of speech and may certainly spend your own money for publishing a newsletter. Publishing a newsletter is how I chose to fight my issue with my Board when they failed to comply with the governing documents.

Note: You should first attempt to have this corrected at the board level before making it an issue for the membership. Perhaps it's just a learning curve for the individual taking the minutes. Perhaps you can volunteer to take the minutes which can eliminate the issue and allow everyone else to actively participate in the meeting.

Points to remember if you are going to publish a newsletter:

1) you are responsible for what you print. Therefore, do not exaggerate, embellish or lie. Doing any of these could open yourself up to legal action.

2) It's best to provide references where the members can verify the issues for themselves (links to copies of e-mail, governing documents, etc.)

3) Keep personal opinions and emotions out of the newsletter. Let the facts speak for themselves.

4) Offer suggestions on how to correct the issue.
CarolR11 (Colorado)
Posts: 2,563
Posted:
RB4, Are you a board member? If so, would any other directors support your desire for (1) more accurate minutes? (2) better proceedings so that decisions are "legal"?

How many directors are there? Who takes the minutes? A Board secretary? A property manger?

When you say decisions are "wrong" or "questionable," do you mean they aren't what you would have decided? Or that they will harm the community in some objective sense?

Melissa is right to say that the minutes shouldn't contain the details of discussions, but, rather, the agenda item, motions (f any) and # of votes. dissenting directors cna have thier reasons for dissent placed in the minutes if they request it.

Tim gives good advice about a personal newsletter from you. But, first, try his advice to work with the Board first.

RB4 (Illinois)
Posts: 15
Posted:
Hello CarolR11,
I am not a board member. There are 8 directors, the secretary takes the minutes, with input from other boardmembers. There is no property manager.

I did not claim --decisions-- were wrong or questionable. I claimed-- actions-- were wrong or questionable.

Minutes do contain details of discussions but only homeowners who attend the meeting are quoted. Board member comments are not permitted to be published, as stated by the VP at a recent meeting. Some homeowners comments were published, in quotes, and were attributed to the wrong person(s). At the next monthly meeting, the board President acknowledged the quotes were wrongly attributed, however the board decided to stand by their originally recorded meeting minutes. It was also discovered that the Treasurer hired his son to do landscape work last summer and again this summer, without putting the job out for bids, as was done in past practice. The board could have easily posted the job opening on our homeowners website, but chose not to offer this job to anyone other than the teasurers son.
Hence my use of the words: wrong or questionable.
Basically a small group of homeowners feel the need to alert/notify others about the boards actions. They "elected" themselves since the ballots were flawed(and they had prior knowledge of the flaw), and were not considered valid except for the few that had pen and ink changes to make them valid (guess who's ballots were valid).
Most homeowners dont realize whats going on since there has not been a newsletter for over 5 years. Time for the word to get out, just want to be sure its done correctly.
RB4
CarolR11 (Colorado)
Posts: 2,563
Posted:
Hmmmm, 8 is an unusual number on the Board as they generally are an odd vs. an even number of directors. How many does your governing documents say their should be? Perhaps your Bylaws.

How many units in your HOA? 8 is rather large.

When you originally wrote "actions," I interpreted that to mean decisions, i.e., something that was arrived at via a board vote. This often is an "action" by the Board.

the h'owners comments shouldn't be in the minutes as we're talking about a Board meeting, right? Not a meeting of the Members (h'owners)?

Th directors comments shouldn't be in the minutes either.

Hiring the officer's son sure is questionable.

If you simply cannot work with the Board, then do follow Tim's advice. But, meantime, you & the others who agree with you should make it your business to keep attending Board meetings--as many of you as possible--keep the heat on!

A group of you also should learn as much as you can about your governing documents. You may want to hold a recall election & throw the bums out!

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