Meeting Minutes

Started by KetanP • 8 replies • 1556 views

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KetanP (Virginia)
Posts: 22

Posted:

Hello,

I have asked my HOA to provide me with meeting minutes of our previous HOA meeting and here is reply I got.

After July, the Board met in September. The minutes from that meeting are drafted but not approved. We do not post drafts. Once approved at the next meeting which is 11/5, they will be posted in approved form within 48 hours.

I am reading the following from Davis sterling act. Based on the below can I demand for draft meeting minutes to be released immediately.

DAVIS-STIRLING ACT
Civil Code §4950. Meeting Minutes.

(a) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any board meeting, other than an executive session, shall be available to members within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any member upon request and upon reimbursement of the association’s costs for making that distribution. [Old: Civ. Code §1363.05(d)]

SueW6 (Michigan)
Posts: 814

Posted:

Sure. You can request draft minutes, but why?

They are not going to be official until approved by vote of the Board.

KetanP (Virginia)
Posts: 22

Posted:

I should have also asked if the Davis Stirling act is applicable in Virginia.

I need the draft meeting minutes to compare with my notes. There has been an incident where the Board is now denying that they agreed on a topic.

KerryL1 (California)
Posts: 14,550

Posted:

The Davis-Stirling legislation only is for CA. The website by that name interprets the legislation but also gives tips on general HOA matters like what to look for in contracts.

Tim'll know if you may examine draft minutes after a certain period of time. But how will having the draft minutes help you understand how the Board vote got tinkered with or not? If the Board itself agrees the minutes are accurate, well...

TimB4 (Tennessee)
Posts: 21,059

Posted:

Ketan,

Your State is shown as Virginia and you are asking about CA statutes.

Where is your HOA located that you requested minutes from?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Only Virginia laws are applicable in Virginia (CA laws would not be).

The typical Virginia laws applicable to Associations are:

Virginia Property Owners' Association Act applicable to HOAs

Virginia Condominium Act applicable to condominiums

Virginia Nonstock Corporation Act applicable if your Association is incorporated (most are but check to be sure)

Common Interest Communities from the Virginia Administrative Code (chapter 23) and establishes the Common Interest Community (CIC) Board and the Ombudsman office.

Common Interest Community Management Information Fund Virginia Administrative Code (chapter 29) and establishes that Associations will pay into a fund to pay for the State administration of Common Interest Communities and the ombudsman.

There are also additional statutes for timeshares and co-ops.

Regarding your access to the July minutes, per VA § 55-510 (F): "draft minutes of the board of directors shall be open for inspection and copying (i) within 60 days from the conclusion of the meeting to which such minutes appertain or (ii) when such minutes are distributed to board members as part of an agenda package for the next meeting of the board of directors, whichever occurs first."

Since November 5 appears to be within the 60 day window from the September meeting (although the date of the September meeting is unknown), the Association is correct that the September minutes do not have to be provided until approved at the scheduled November meeting.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By TimB4 on 10/26/2015 7:59 PM

Regarding your access to the July minutes, . . .

Correction, should have read in regard to the September minutes.

KerryL1 (California)
Posts: 14,550

Posted:

But, based on your citation, Tim, that Ketan may have a copy of the draft minutes at the time that the "agenda package" is distributed to the board. In some HOAs that's several days before the board meeting, in others directors (unfortunately) don't get the package until the meeting convenes.

Whichever the case, Ketan, I'd say that a letter to your PM or perhaps to your board's sec'y copying all other directors, if you have no PM, should request a copy of the draft minutes per the VA statue that Tim cited.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KerryL1 on 10/27/2015 7:17 AM
But, based on your citation, Tim, that Ketan may have a copy of the draft minutes at the time that the "agenda package"

Yes. This is typically done at the meeting itself.

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