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DuaneR (Washington)
Posts: 35
Posted:
All members sign in when they attend the monthly BOD meeting which allows for a homeowners forum before we get down to bussiness. This one resident,who makes comments on issues being discuss, continually e-mails the Board about entering his name in the minutes as well as informing the BOD about this issue at the meetings as well,yet when he was Sec. he did the very thing that he is adamant to with this BOD. My belief is that if they are at the meetings and commenting on issues they should be identified in the minutes like everybody else! I say if he doesn't want his name in the minutes then he doesn't speak. Any comments on this situation?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By DuaneR on 01/11/2015 9:21 PM

I say if he doesn't want his name in the minutes then he doesn't speak.

Sounds like a good idea but in my association we record the names of all who attend whether they speak or not.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Seriously??? To put this in a different but similar perspective if the owner attended a City Council meeting and stood up to speak they would be required to (as in my City) to most likely give their name and address, then anything they said would most likely be noted in the meeting minutes.

If what you have to say it not important enough to be recorded in the meeting minutes … then why open your mouth in the first place?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I had a policy of IF you wrote a letter it would be read at the OPEN meeting in front of everyone in attendance. It was a BOARD meeting after all and it was OPEN. Now we did not usually reveal names. We referred to people in terms of lot numbers. That way we are still OPEN but have some kind of decorum.

However, if you wanted something or had a complaint, that was requested you do that in person at the meeting. My opinion is if you want something bad enough or it upsets you, then doing it in person is the way to go.

People were still upset I read their letters but what else where we supposed to do? You want a board decision, the board is only together at the open meeting. So expect your issue to be discussed in such a way the membership can see the decision and why it is made. Plus we welcomed membership feedback too. It is the membership money we are in charge of. They had a right to know how and why we decided.

Former HOA President
CyrstalB (Maryland)
Posts: 457
Posted:
Is this a fight you really want to take on? If a HO wants to be ridiculous, why can't you just let it go.

This type of action or question is why HOA boards have such a nasty reputation. Why do you want to make a beef about this? At the end of the day, what difference will it make if this HO wants to keep anonymous? Maybe if there was a threat involved, but if the statement(s) are of general means, why are you and or your board making such a big deal about it?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Duane

My first blush is your minutes are to long/inclusive. Generally there is not need to enter what anyone specifically said.

Minutes do not contain word for word what happened or what was said nor by whom. If they did, they would be 50 pages long. Motions made must be recorded and the resulting vote recorded but there is no need to list what was said and by whom. You could have an hours worth on conversations, comments, etc, on a Motion before it was acted on.

There should be a general comments in the Minutes: Landscaping was discussed with owners making several complaints. There were also several letters from owners about the same issues. The BOD will take the complaints under advisement and discuss them with our landscaping company. There is no need to identify each person and what each person said.

If somebody says well I want to go on the record about so and so, then ask them to write a letter to the BOD and it will then be on the record. No need for their letter nor name to be in the minutes.

Many BOD's have an open session prior to the BOD Meeting. Some call it a Question and Answer Session. It is a time for the BOD to listen and take things under advisement. The BOD does not even have to respond other then yes we have heard what you have said and we will take it under advisement. This session is not part of the minutes.

In some states once the BOD Meeting is called to order only Members of the BOD can speak. Others can only speak when called on by the BOD to do so. This makes for an orderly, not a cluster "kiss" meeting.

AmandaR2 (South Carolina)
Posts: 566
Posted:
I've always felt minutes should be kept as simple and brief as possible. I've seen some pretty ridiculous, unnecessary and biased opinions recorded in minutes. This practice usually causes a lot of unnecessary controversy. Never heard that recording names was a requirement. Good suggestion by John, that anyone wanting to go on record about a specific comment they made can submit a letter for the Board to keep on record, that should help keep all happy . Whenever you have an opportunity to avoid petty conflict, that really doesn't matter when you look at the big picture, why not do so? My advice is don't make the job any more complicated than it should be and already is at times! Find a method/style that works for your HOA and be consistent with it. Good luck to you!
AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By AmandaR2 on 01/12/2015 7:07 AM
I've always felt minutes should be kept as simple and brief as possible. I've seen some pretty ridiculous, unnecessary and biased opinions recorded in minutes. This practice usually causes a lot of unnecessary controversy. Never heard that recording names was a requirement. Good suggestion by John, that anyone wanting to go on record about a specific comment they made can submit a letter for the Board to keep on record, that should help keep all happy . Whenever you have an opportunity to avoid petty conflict, that really doesn't matter when you look at the big picture, why not do so? My advice is don't make the job any more complicated than it should be and already is at times! Find a method/style that works for your HOA and be consistent with it. Good luck to you!

clarification: when referring to recording of names not being a requirement, I meant other than for attendance purposes.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JohnC46 on 01/12/2015 6:00 AM
Duane

My first blush is your minutes are to long/inclusive. Generally there is not need to enter what anyone specifically said.

Minutes do not contain word for word what happened or what was said nor by whom. If they did, they would be 50 pages long. Motions made must be recorded and the resulting vote recorded but there is no need to list what was said and by whom. You could have an hours worth on conversations, comments, etc, on a Motion before it was acted on.

There should be a general comments in the Minutes: Landscaping was discussed with owners making several complaints. There were also several letters from owners about the same issues. The BOD will take the complaints under advisement and discuss them with our landscaping company. There is no need to identify each person and what each person said.

If somebody says well I want to go on the record about so and so, then ask them to write a letter to the BOD and it will then be on the record. No need for their letter nor name to be in the minutes.

Many BOD's have an open session prior to the BOD Meeting. Some call it a Question and Answer Session. It is a time for the BOD to listen and take things under advisement. The BOD does not even have to respond other then yes we have heard what you have said and we will take it under advisement. This session is not part of the minutes.

In some states once the BOD Meeting is called to order only Members of the BOD can speak. Others can only speak when called on by the BOD to do so. This makes for an orderly, not a cluster "kiss" meeting.


Well said John. Would hate to be taking minutes if everything said went in the record.

Sikubali jukumu. Read all posts at your own risk.
CharlesB20 (Colorado)
Posts: 15
Posted:
Meeting minutes are the record of official actions taken during the proceedings. What is an official action? It is this: "I move that...", "I second the motion...", and the results of the vote.

Minutes should not contain the details of discussions. In the case of homeowners who present various concerns to the executive board, the minutes may simply state: "The board heard the concerns of several homeowners and took the matters under advisement."

Minutes, when properly done, are marked by clarity and brevity.
SheliaH (Indiana)
Posts: 6,964
Posted:
When I was on the board, we didn't use a sign in sheet for regular meetings (they are used at the annual meeting and special homeowners meetings) and we don't use resident names in the minutes. From what I've seen since I've left this hasn't changed.

If the man's speaking during the resident forum portion of the meeting, I don't think names are necessary anyway. Since our homeowners are only allowed to speak during the resident forum, those comments are summarized as follows: "a homeowner asked about XYZ..."

Now, if they write a letter to the board, that will be read into the minutes, so everyone requesting a copy will know who wrote it and the Board doesn't respond at all to anonymous letters. I would ask this guy why he doesn't want his name used and go on from there.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AmandaR2 (South Carolina)
Posts: 566
Posted:
The Board was on, would only respond to anonymous letters if they concerned a health or safety issue. Sometimes people fear retaliation if they report a neighbor. IMO owners should be able to have a valid health or safety issue addressed without having to identify themselves and risk creating friction or bad blood, between them and a neighbor. We had to apply discretion in these matters, and paid no attention to gossip and rumors.
AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By CharlesB20 on 01/12/2015 9:09 AM
Meeting minutes are the record of official actions taken during the proceedings. What is an official action? It is this: "I move that...", "I second the motion...", and the results of the vote.

Minutes should not contain the details of discussions. In the case of homeowners who present various concerns to the executive board, the minutes may simply state: "The board heard the concerns of several homeowners and took the matters under advisement."

Minutes, when properly done, are marked by clarity and brevity.

exactly!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By AmandaR2 on 01/12/2015 9:47 AM
The Board was on, would only respond to anonymous letters if they concerned a health or safety issue. Sometimes people fear retaliation if they report a neighbor. IMO owners should be able to have a valid health or safety issue addressed without having to identify themselves and risk creating friction or bad blood, between them and a neighbor. We had to apply discretion in these matters, and paid no attention to gossip and rumors.

While our official position is anonymous letters get trashed. That said, we will still look at the issue and if we find it warrants action we will commence the action under the BOD's name.
AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By JohnC46 on 01/12/2015 10:32 AM
Posted By AmandaR2 on 01/12/2015 9:47 AM
The Board was on, would only respond to anonymous letters if they concerned a health or safety issue. Sometimes people fear retaliation if they report a neighbor. IMO owners should be able to have a valid health or safety issue addressed without having to identify themselves and risk creating friction or bad blood, between them and a neighbor. We had to apply discretion in these matters, and paid no attention to gossip and rumors.


While our official position is anonymous letters get trashed. That said, we will still look at the issue and if we find it warrants action we will commence the action under the BOD's name.

Yes, again common sense balance come into play.
AmandaR2 (South Carolina)
Posts: 566
Posted:
common sense & balance all that's needed.
KerryL1 (California)
Posts: 14,550
Posted:
There's no requirement that Owners' names be attached to their open forum comments.

So your board, Duane, could, if the topic matters a hella lot to them/you, vote/resolve whether or not to include owner's names in the minutes. Are you on the board?

We do have owners sign a sheet when they attend. These names are not included in the minutes, which simply state "Eighteen Owners were in attendance."

It so happens that we do use owners' names/condo #s re: their comments in Open Forum. We write, for example: J. Doe, xxx, asked when the windows are scheduled to be washed; T. Max , xxx, thanked the Board and management for their hard work; M. Ivey, xxx, asked if residents may use the folding chairs stored in one lounge for parties in the other lounge. Maintenance requests, unless they've been ignored by our PM, are not raised in our open meetings. If they are, the person is advised to meet with the PM in her office during her M-F 8:30-5:30 hours.

If an owner, who cannot attend the meetings, writes a complaint or suggestion for the board a few days in advance of the meeting, the topic is on the agenda, the board president reads it to those assembled, and if the board has a solution answer, etc., the vote occurs at the meeting and is recorded in the minutes. The letter itself is not in the minutes.

The benefit might be of Owners' names might be they see their names in minutes when they contribute positive ideas. Could be an incentive to attend & contribute. Using their names might dampen plain ol' ugly remarks and gripes. the comments,, IMO, demonstrate that the Board at least listened to the Owner.

I'm not wed to our approach, and if someone wanted to change our current, longstanding practice, Our board would listen and vote according to what makes sense.

I don't know why anon. letters got tossed in this discussion, which clearly is about someone who IS known, but we'd not bring an anon. letter up at a meeting, but the topic would be investigated if the PM & President felt it needed to be.

Complaints, anon. or not about neighbors' rules violations, are disciplinary matters and only would be discussed in executive session, never in an open meeting in my HOA.

Welcome to Charles of CO! He's exactly right about what should be in minutes. Re: ones' comments, right too. No names, just several owners stated that the landscaping is looking a bit unhealthy. Concern was expressed about the UPS trucks driving up on residents' lawns. The water temperature in the pool is just right.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
..... then resident should remain silent
JanetB2 (Colorado)
Posts: 4,219
Posted:
Seriously everyone? ... You generally do not need the conversation verbatim in the minutes; however, a short one or two sentence on an issue brought up can potentially be a CYA in the future on some issues. A homeowner can claim they brought an issue to the board on X, Y, and Z dates. Oh but that's right if you do not note who complained how do you prove whether what they state is right or wrong? Maybe it was someone else who actually made the complaint and this individual is jumping on a band wagon and trying to claim it was them (because they know no reference was made on who)... how would you prove them wrong? If you do not put any identifying info whether name, lot number, address, etc. you would not be able to prove who, what, when ...

Anyone stating not to put any identifying info has probably not been in a legal situation and needed to prove their case.
JohnB26 (South Carolina)
Posts: 1,001
Posted:


DOH

JohnB26 (South Carolina)
Posts: 1,001
Posted:
ps.

resident should not be allowed to speak unless proxy holder

MEMBER should speak
AmandaR2 (South Carolina)
Posts: 566
Posted:
IMO
The more unnecessary details included in the minutes, the more likely that the homeowners will overly scrutinize them which leads to more problems and headaches for all. They're meant to be brief and concise, that's why they call them minutes not hours, right? They're about actions taken at a meeting, that's the most important part to be officially recorded. Board members or anyone really can take their own notes, keep record of them and even ask that they be kept on file, there's no law against that.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
If some have concern that things might be overlooked and come back to haunt them then I say audio record the entire meeting. Easy enough to do and to keep copies.
TimB4 (Tennessee)
Posts: 21,063
Posted:
Quote:
Posted By JohnB26 on 01/16/2015 6:25 AM
ps.

resident should not be allowed to speak unless proxy holder

MEMBER should speak

Although that would be in compliance with most governing documents and applicable laws, I personally think that if a non-member resident took the time and made the effort to attend a Board meeting, that I would want to hear what they had to say. It may or may not be beneficial to the Association. However, providing it's not just a gripe session, it would be the civil thing to do.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
In my last HOA we had an owner Q&A session 30 minutes prior to our BOD Meetings. Many time we listened and did not respond but we heard and it allowed an owner to know the BOD had been told something. The Q&A session allowed the BOD to stay on top of what was going on/being said in the HOA. It was very useful.
AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By JohnC46 on 01/17/2015 7:39 AM
If some have concern that things might be overlooked and come back to haunt them then I say audio record the entire meeting. Easy enough to do and to keep copies.

I agree recording would be an easy solution to address any concerns one may have.
CfD (Virginia)
Posts: 265
Posted:
Our board picks and chooses which homeowner comments and what homeowners to list in their board minutes. If they like the homeowner, regardless of his or her concern, they will make sure to carefully put their name in the minutes highlighting their concern and how they intend to address their concern.

If a homeowner they don't like comes to a board meeting and carefully explains how the board is violating this law or that, violating the governing documents and the rights of the members, etc. there is absolutely no chance any of that will ever be recorded in our board meeting minutes.

AmandaR2 (South Carolina)
Posts: 566
Posted:
Has this been going on for a long time? Have you or anyone else brought this to the attention of the board? Would recording the meetings be an option or allowed?
CfD (Virginia)
Posts: 265
Posted:
I record every single board meeting Amanda. President and board could care less. The board very rarely questions our president.

What would you do with the recordings if you were in my shoes. There is enough on them to make the president look like a lunatic, but where is that going to get me? Nobody knows squat or seems to want to know. Ignorance is bliss.

When the board minutes attempted to lecture me for asking during the open forum that the board please comply with the open meeting laws, that is when I had my attorney send them a letter. But they still pick and choose which comments they want to put in print. And many important association decisions are still done through email. It is a joke.

Only bright side is the treasurer in my opinion.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By CfD on 01/17/2015 9:05 AM
Our board picks and chooses which homeowner comments and what homeowners to list in their board minutes. If they like the homeowner, regardless of his or her concern, they will make sure to carefully put their name in the minutes highlighting their concern and how they intend to address their concern.

If a homeowner they don't like comes to a board meeting and carefully explains how the board is violating this law or that, violating the governing documents and the rights of the members, etc. there is absolutely no chance any of that will ever be recorded in our board meeting minutes.


I think it is always problematic when you raise the question of who rather than what. The question IMO should be centered on what goes in the minutes, and in that regard, I follow all of JohnC's perspectives and not JanetB's. (If you are focused on inclusion for CYA purposes, I don't think it will work because disgruntled people can always find fault with the way you present their perspectives.)

Our approach in my HOA is simple. Decisions of the Board and Votes of the Membership are described in irrefutable detail. Anything else gets a reference. Either we say ABC was discussed (if the Board participated in the conversation) or concerns about DEF were raised (if the dialog came mostly from the floor). No individual names attached. If you want to know who said what, then come to the meeting. If you want to see your name in print, too bad.

Our most recent addition to our practices is - If someone expresses a very strong opinion about an issue, we authorize the formation of a study group to discuss and make a written recommendation to the board. We announce the formation of the group and openly recruit participants. Usually, it dies on the vine because people don't usually sign up to do the heavy lifting of deciding how to deal with two sides of a controversy. But two groups have formed and been useful to our HOA.

IMO, this approach could work in reverse for Cf. Rather than complain about what the Board is doing wrong, ask if the Board would authorize and endorse a group to study and make written recommendations about how to better comply with the state/HOA requirements. Then recruit members to come up with a recommended action plan. The larger the group, the better you will be heard. Your plan should have a one page executive summary in plain english that makes a few simple recommendations that would improve your meetings. It may be that your board doesn't know any better. But by taking these steps, you will be advancing your agenda (about how things are done) in ways that are hard to suppress.

Differentiating between Process (how things are done) and Outcome (what ultimately happens) is critically important. Yet many people have a hard time distinguishing between the two. The first thing you may need to do is make it clear to your board that if the process is fair and reasonable, you are willing to accept the consequences even if you don't agree. Sounds simple, but many board members I have met become extremely defensive when challenged - and they retreat into their shells when challenged for any reason whatsoever.

So the choice really is to keep on complaining or to figure out how you can get your message across in a way that might have a better chance of success.

Sikubali jukumu. Read all posts at your own risk.
NpS (Pennsylvania)
Posts: 4,216
Posted:
correction: "... even if you don't agree with the outcome.

Sikubali jukumu. Read all posts at your own risk.
CfD (Virginia)
Posts: 265
Posted:
NpS,

I was simply pointing out what our board practices in the board meeting minutes. There needn't be a study group to figure out that this practice is very wrong, and based on the posts here most would agree. Minutes shouldn't be used as a canvass to paint a story.

I also agree with Jon and Janet as to what should be included in minutes and what shouldn't be.

But we disagree on the need for a study group to recommend to the board how they should comply with the law and our governing documents. Best practices and resources for BODs are readily available. We also PAY a property manager to guide our board to comply with the governing documents and state law, and the property manager is regulated by the state of Virginia. Compliance shouldn't be a study group recommendation.

You said this: "Differentiating between Process (how things are done) and Outcome (what ultimately happens) is critically important. Yet many people have a hard time distinguishing between the two". Not sure what you are implying, but I have no problem distinguishing between the two. "Process" is as important in an HOA as "Outcome", maybe more important. What was your point?

In fact, as often cited on this site, homeowners are often disapproved, fined, or brought to court because they failed to adhere to the application approval "process", regardless of what the outcome was.

http://www.newspressnow.com/news/local_news/article_9b119670-e83b-570f-a28d-97b3009d7f24.html

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By CfD on 01/18/2015 8:09 AM
NpS,

I was simply pointing out what our board practices in the board meeting minutes. There needn't be a study group to figure out that this practice is very wrong, and based on the posts here most would agree. Minutes shouldn't be used as a canvass to paint a story.

I also agree with Jon and Janet as to what should be included in minutes and what shouldn't be.

But we disagree on the need for a study group to recommend to the board how they should comply with the law and our governing documents. Best practices and resources for BODs are readily available. We also PAY a property manager to guide our board to comply with the governing documents and state law, and the property manager is regulated by the state of Virginia. Compliance shouldn't be a study group recommendation.

You said this: "Differentiating between Process (how things are done) and Outcome (what ultimately happens) is critically important. Yet many people have a hard time distinguishing between the two". Not sure what you are implying, but I have no problem distinguishing between the two. "Process" is as important in an HOA as "Outcome", maybe more important. What was your point?

In fact, as often cited on this site, homeowners are often disapproved, fined, or brought to court because they failed to adhere to the application approval "process", regardless of what the outcome was.

http://www.newspressnow.com/news/local_news/article_9b119670-e83b-570f-a28d-97b3009d7f24.html


No offense intended Cf. Not sure why you took it that way.

I was not questioning whether your board's practice is wrong or insinuating that what they do is right. That wasn't the point I was trying to make. It seemed to me that the problem you were having with your board was that they consistently ignored complaints from the floor that proper procedures should be followed. And that was the focus of my response.

I figured that your board had its heels dug in, and I offered a different approach - one that could possibly get you a different response. Others here have responded that changing the composition of the board is the way to go in similar circumstances. I was recommending something a bit less radical.

On the particulars of what I said - I agreed with John but not with Janet.

My statements about differentiating between Process and Outcome was not finding fault with you. In the paragraph that followed, I talked about many board members' inability to accept criticism of any kind. And I was recommending that you might be more successful in getting your message through to your board if you let them know that if they followed the right Procedure, you would accept the Outcome. Some boards don't get it. But to me it's an important distinction.

Obviously, from your response, I didn't explain what I meant well enough. Sorry about that - I'll try again.

The basis for any complaint is that the complainer doesn't like the Outcome - This is true. Some complainers will object to everything because they want a different Outcome - They don't yield any ground unless they get their way (For them, Outcome is more important than Procedure). Other complainers will object that the wrong Process was followed. And some of the second group would be willing to accept an unfavorable Outcome if the right Process was followed. (For them Procedure is more important than Outcome.)

I was not saying that Outcome is unimportant. That would be silly. Nor was I telling you what you should do. I was merely recommending a different approach to making headway with your board.

The idea of the study group was merely a suggestion on how you might be able to break the current impasse where neither the board nor the PMC is responding to your requests. IMO, you have nothing to lose if you tried it.

For anyone in a similar situation to yours, I would recommend a little book titled "Getting to Yes" by Fisher and Ury. It's a great read.

Sikubali jukumu. Read all posts at your own risk.
CfD (Virginia)
Posts: 265
Posted:
Thanks for the clarification NpS. Will look into your book recommendation.
AmandaR2 (South Carolina)
Posts: 566
Posted:
CFD,I think it's so hard for me or anyone else to say what we'd do if in your shoes. It's good you have the recordings for proof, if it becomes necessary. What scares me most about your situation is that you say "Nobody knows squat or seems to want to know. Ignorance is bliss", what your saying is that no one else cares but you. I'm not at all saying your wrong about how things are being run, but in reality sometimes it's impossible to get others involved. That word again "APATHY", IMO that's is that will be the most difficult part of your battle in changing things. I'm not sure what your position is in the HOA? (I assume your not on the board.) I'm not sure how long you've been at odds with your board? You have to decide how far you want to take things and if it'll be worth financially and emotionally it in end. How much does what they do affect your day to day life, how much are you willing to just live with? The way they keep minutes must be very aggravating, but even if they do this pick and choose thing, you have the recordings for proof you called their attention to the fact they weren't following laws. Did they respond to your attorney's letter?

I am not serving on the board in my current neighborhood. They have their own way of doing things, some very different than how we handled things in my previous HOA. I see some bad practices that I don't agree with and that bothers me, yet I've said nothing. (One issue is the keeping of minutes, their method is very erratic.) Honestly, I'm hesitant to get involved, and don't know if it would be worth it in the end. My name has not been on the ballot since I moved here.

CfD (Virginia)
Posts: 265
Posted:
Thanks for your comments Amanda.

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