Minutes

Jim,

If the disagreement with the HO is over regular Board meetings,then the Board can choose to amend if in agreement.

The annual minutes are APPROVED at the next annual meeting which would be a year away. The reason is that the MEMBERS approve the minutes, not the Board. There is nothing that says you can't either put a DRAFT summary of what was discussed in either a newsletter or mailing, or post on a website.

The most common mistake about minutes is people expect them to be a word for word or a brief synopsis of the discussions. They are neither. Minutes are the official records of what motions were made and what votes were taken. I have seen a heated, many people complaining, etc. two hour meeting summarized in less then one page as there were no motions made.

Now a communicative BOD would make a few comments. At our last Annual Meeting we spent well over a 1/2 hour on open discussions about landscaping issues. The minutes will read:

Landscaping issues were discussed. Weed and Feed by so and so company has begun and will be done every other month. Mulching will commence the week of May 1st and is expected to take 2-3 days. Please Email any suggestions, questions, needs to our so and so Email address so they can be recorded and they will be addressed.

Also check Robert's Rules. I'm pretty sure that there's a preferred way for minutes of meetings that occur less than quarterly to be approved in a shorter time. Generally, people recognize that waiting a whole year to approve minutes is not an ideal situation.

Here's what is at davissstirling.com a site by CA HOA attorneys. But here, agreeing with Geno, they cite Robert's Rules of Order RONR) --there is no law about the topic in CA. So if your Board adheres to RONR, here's your answer.

ANNUAL MEETING MINUTES

"... Normally, approval of the prior year's minutes is an agenda item at the annual meeting. The secretary will often ask for a motion to waive the reading of the minutes and then ask for a motion to approve the minutes. The membership normally approves with a voice vote.

Board Approval. However, it is permissible to leave the approval to the board of directors. Minutes that do not come up for review within a quarterly time interval, may be approved by the board.

'When the next business session will not be held within a quarterly time interval . . . the executive board or a committee appointed for the purpose should be authorized to approve the minutes.' (Robert's Rules, 11th ed., pp. 474-475.)

Minutes of one annual meeting should not be held for action until the next one a year later. (Robert's Rules, 11th ed., p. 95.)
Allowing the board to approve minutes has the added benefit of posting meeting minutes within thirty days of the meeting rather than waiting a year for the next annual meeting.
When the minutes are approved, the word Approved, with the secretary's initials and the date, should be written below them."(Robert's Rules, 11th ed., p. 475.)

Read more: Approval of Annual Meeting Minutes http://www.davis-stirling.com/tabid/1567/Default.aspx#ixzz3Z1p60ehF
from Davis-Stirling.com by Adams Kessler PLC.

I don't think JohnC's example of Board meeting minutes is complete. All minutes, as I understand it, must record motions and votes. In some states how individual directors voted is required, apparently. In addition, what JohnC wrote is, I'm guessing, because in SC HOA Boards may hold closed meetings, so more detail might be desirable as it's the only way that H/Os know what the Board has accomplished.

Re: Banks: We do put in our minutes what happened to an agenda item, e.g., VI. A, Blah, blah, was discussed. The Board took no action. Or VI. B., the Committee's recommendations was discussed. Ms. Jones made a motion to accept this recommendation. There was no second so the motion died.

Our board meets monthly so minutes are usually approved right around 30 days after a board meeting. But in CA, draft minutes must be available to members 30 days following the meeting if requested.

If I understand the comments here, there is no option other than approving the Annual meeting minutes a year later? If that correct? I couldn't find anything contrary in Robert's rules.

As the OP Jim is located in Alabama, Davis-Stirling has no bearing on the operation of his property. Nor does the fact DS refers then to Robert's Rules of Orders does that apply to HOAs in other states unless that state or that particular board as adopted their use.

How it is required to be done in California does not in my view set the standard for HOA governance around the country.

And because other states do not force their HOA boards to abide by the same guidelines does not then reflect that lying, cheating and underhanded board behavior must certainly be the result.

And to suggest your methods set some standard in the area of courtesy as if that makes them universally desirable ignores the fact
state laws and regulations vary. Thankfully so.

I would have to guess that in the average HOA there would be more pressing issues than how, when and why are the annual meeting minutes approved.

Jim - Does Alabama have an HOA Planned Community Act? If it does, check into the State Laws. In the NC Planned Community Act it states to use Roberts Rules and it also under 47F-3-103-(f)The association shall publish the names and addresses of all officers and board members of the association within 30 days of their election. (1998-199, s. 1; 2005-422, ss. 2, 3.)I would think the best way to send this info out would be to send out and unapproved copy of the minutes. Of course, all Boards (including mine) will not do this. I suggest bringing this up at you next annual meeting. Maybe at that time you will get some homeowners to agree with you.

Nancy