Meeting Minutes

In reference to VA 55-510.1 B

Unless otherwise exempt as relating to an executive session pursuant to subsection C, at least one copy of all agenda packets and materials furnished to members of an association's board of directors or subcommittee or other committee thereof for a meeting shall be made available for inspection by the membership of the association at the same time such documents are furnished to the members of the board of directors or any subcommittee or committee thereof.

The questions I have are as follows (the meeting in question is for a Committee --- that has been setup by the Board)
1) The Committee's first order of business is approving the prior meeting minutes. A non-committee member is attending this open meeting and is given a copy as well. After the meeting concludes, the non-committee member is asked for the prior meeting minutes back. Does the non-committee member's inspection period end at the conclusion of the meeting?
2) Are non-committee members that do not attend the meeting entitled to a copy of the prior meeting minutes?

The HOA, in question, is claiming that the meeting minutes are part of the books and records of the HOA. They will provide them, but only under the examination and copy rules where they can charge a reasonable fee.

Any thoughts on requirements of HOAs to record, publish (freely) meeting minutes, especially the committees that the Board steps up?

Jerry,

If the minutes were amended before being approved, I can understand the desire to collect the draft minutes. If the minutes were approved as written, I wouldn't bother to collect the draft minutes.

Keep in mind that VA § 55-510.1 (B) does not say that each member receives their own copy of the agenda packet. It plainly states that: "at least one copy of all agenda packets and materials furnished to members of an association's board of directors or subcommittee or other committee thereof for a meeting shall be made available for inspection by the membership of the association at the same time such documents are furnished to the members of the board of directors or any subcommittee or committee thereof."

Some Associations, like mine, provide a packet to everyone who attends (but we get very little turn out from those who don't have to attend). Other Associations follow the letter of the statute and only have one packet available for anyone who does attend to review and pass on to the next member (those who do this I've heard simply keep a binder in the back of the room).

As for your second question:
Are non-committee members that do not attend the meeting entitled to a copy of the prior meeting minutes?

I believe you know the answer to that question. Per VA § 55-510, records (which include minutes) "shall be available for examination and copying by a member in good standing." Hence, technically, if you want a copy of the past approved (which relates back to my first paragraph) minutes of committees or your Board, the procedure is to request those copies (of which a reasonable fee may be charged).

My Association places copies of all approved minutes on the Associations website for any member to review at their leisure. Perhaps you can suggest that your Association does the same (or better yet, volunteer to do it for them). We keep ours in a members only area that is password protected.

Hope this helps,

Tim

If your considering websites to "publish" the minutes, I know from personal experience, from digitizing and placing minutes on our website, that it takes time to do this. First there is the equipment involved (you need a scanner, perhaps a program or two, a computer and a place to have that equipment available - unless you use your own). Second there is the cost of the website. Third, there is the time to digitize, review, upload, amend the webpage to provide access and, in some cases, remove personal information (like e-mails, phone numbers, etc.) as you need to operate a website with the expectation that at some point in time it will be hacked into.

Some Associations simply post their minutes on the local bulletin board. This also takes time.

If you consider printing an mailing as a form of "publishing" the minutes, for a large association, that can be an enormous cost. We have some minutes (due to attachments) that are 10-15 pages long. Printing, stuffing envelopes, cost of postage, trip to the post office, etc. takes time. Volunteers are only willing to donate x amount of time. If the demands on a volunteers time are too high, individuals simply quit volunteering (causing another issue).

As I said in a different post, if you believe that your membership would benefit from having the minutes published, perhaps you can consider the options, propose this to the Board along with volunteering to provide your time and energy to make the proposal happen. Most Boards are more open to suggestions if they don't require additional work for them.

Or, as I have experienced, the committee simply doesn't remember to send the minutes to the individual posting them. If the individual fails to request the committee minutes, it is easily missed.

Another issue came up with the HOA (not exactly meeting minutes, but could be extended to it)

The HOA has a Architectural Review Committee (ARC), who's purpose is to set forth minimum standards of design for the community. The manual for the ARC has sections on the home's design, look, maintenance and land design (including play equipment, etc.) -- pretty much everything that anyone could or want to do on their lot.

The manual states that the authority of the ARC is set forth in the Declaration....The Declarant appoints the ARC....

The manual contains a section on "Infractions", that reads that the ARC in concert with the HOA has the ability to impose $50 charge per infraction against Owners...

The Declaration has various Sections, one of which is on Architectural Review and references the ARC manual as developed by the Declarant and shall supplement the section. In addition, the section allows for the Declarant to revise the manual. The Declarant shall provide each owner of a lot purchased from the Declarant with a copy of the manual at the time of settlement upon such lot. Thereafter, the Declarant shall, upon request from any owner of a lot, make available any revisions thereof for inspection and copying during normal business hours.

The Declaration has another section referring to the HOA.

Sorry for the protracted background.

Questions --
1) The developer (aka the Declarant) is claiming that the ARC is a Declarant committee that is not subject to the open meeting statutes of Virginia, as its not part of the HOA (even though there is a lot of inter play between the two). Therefore owners have no claims to any information on the ARC.
2) Is the Declaration subject to any Virginia statutes, like the Property Owners' Association Laws? or is it just the actions of the HOA (which is setup through the Declaration).
3) Can provisions outside of the HOA have fine or "Infraction" monetary charges?

Thanks for your time in advance!

Along with tim's questions, do your docs say that the ARC must be comprised of Owners? Do your docs require an ARC (sorry if i missed that)?

The Manual has a section called Authority and another called Members

Authority
The authority of thre ARC is set forth in the Declaration, which encumbers every Home Site in the Community. The Declarant appoints the ARC until it no longer owns any additional land for development in ..., or until such time as it may turn the responsibility over to the Association.

Members
The ARC consists of three or more members appointed by the Declarant and confirmed by the Board of Directors. Members may be added and removed at any time in the Declarant's sole discretion.

The manual's Definitions section doesn't appear to define the term Board of Directors -- is it the HOA's Board of Directors or the Declarant's Board of Directors? However, the term Architectural Review Committee (ARC) is defined as refering to the committee established by the Declarant to ... enforce the Declaration and this Manual, including any additions and/or revisions. The ARC is the entity through which the Declarant's exclusive rights of approval are exercised.

There's no reference to a Architectural Review Committee in the Declaration. The first reference to the Manual is as follows:

Article 3:
ARCHITECTURAL CONTROL

Section 3.1. Approval of Contruction and Landscape Plans.

(a).... Drainage ways under driveways, and other improvements addressed therein, shall be constructed in accordance with plans developed by the Declarant and show in the Design Review and Contruction Standards Manual (the "Manual") or other written standards that shall be prepared and modified from time to time by the Declarant. The Manual shall supplement this Article 3 as to all matters, whether or not addressed herein, but shall not be inconsistent herewith.

Section 3.2 Building Materials.
Section 3.3 Minimum Finished Floor Areas.
Section 3.4 Minimum Finished Floor Areas-Estate Section(s)
Section 3.5 Setbacks
Section 3.6 Garages; Carports
Section 3.7 Landscaping; Sidewalks; Driveways; Trees
Section 3.8 Mail and Paper Boxes; Hedges
Section 3.9 Lackside Docks.

Section 3.10 Design Review and Construction Standards.
Notwithstanding anything to the contrary in this Declaration, the Declarant reserves the right to reject any plans that do not comply with such architectural and other standards as may be contained in the Manual promulgated, and revised from time to time, by Declarant. The Declarant shall provide each owner of a lot purchased from the Declarant with a copy of the Manual at the time of settlement upon such lot. Thereafter, the Declarant shall, upon request from any owner of a lot, make available any revisions thereof for inspection and copying during normal business hours.

A lot of the Article 3 sections are cited again in the Manual -- but there are sections in the Manual (not in the declaration) like: Swimming Pools and Spas; Fences; Play and Recreational Equipment; Lighting; Satellite Dishes; Signs; Modifications for Existing Homes and Yard Improvements -- to name a few

JerryW

When you say the "Manual" what does it mean? What is its significance? What is its legal standing?

We have had posts in the past where a "Manual" was something given new owners to "explain" things but when push came to shove, the recorded docs (Covenants, Deed Restrictions, Bylaws, etc.) out weigh whatever the "Manual" says.

\Tim

My point. Conflicting whatevers...manuals, docs, etc.