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RobinL7 (North Carolina)
Posts: 45
Posted:
We have a situation, our secretary has volunteered to perform all other duties that are required by a secretary for our association except for the minutes of the meetings. She will resign altogether without some assistance and no one else on the board is willing to be secretary. Our Bylaws allow for an assistant secretary and the Planned Community Act which was adopted a few years ago by our membership stipulates that the meetings are to be conducted according to Robert's Rules which allow for a Recording Secretary and a Corresponding secretary.

A few people on the board have suggested that the committees supply the president with the various documents for the minutes and the president will compile these docs for the minutes along with working in google docs with board member's input to create the minutes. The minutes have been signed lately "submitted by the board".

I don't mind this type of situation for emergency measures but to rely on this process "long term" I think is problematic. I have written to the board that I believe we need a recording secretary, someone who performs as a scribe, a witness who records the meeting's actions. I also understand that RRs state that actions are mainly what is essential for the recording of the minutes, and perhaps this method may be okay, but somehow it doesn't seem appropriate for a Landowners' association to not have a recording secretary.

Thanks for your help and opinions!

Oh, on another subject, we are at the stage of a Covenant violation where we need to send "notice of hearing letter"(the third)setting up a hearing for the violating landowners, with time, date and place for the hearing, before we can impose fines.

Does anyone have a boiler plate letter for "notice of hearing", you could get to me?

Thanks!!
RobinL7 (North Carolina)
Posts: 45
Posted:
I forgot to mention that our Bylaws allow for a non-board member to take on the role of secretary (or assistant secretary) and this path I believe should be pursued.
RogerB (Colorado)
Posts: 5,067
Posted:
Robin,
Follow the requirements in your Bylaws. However, it is only essential to make sure someone does record the minutes. As the managing agent I am often requested to take minutes and when I do they are emailed to all Board members the following day with a request to advise on any changes.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Robin,

Until the board approves them, they are notes and not minutes and it really does not matter much who takes the notes. I see no problem with "submitted by the board" although "approved by the board on [date]" might be more appropriate.

One of my chuckles about HOA's is the officers and their titles. My state's corporation statutes have no requirement for any officers at all and no limit as to how many a corporation may have. The corporation may use whatever titles it wishes. So whenever I see titles like President, Vice President, Treasurer, Secretary, Recording Secretary, or Corresponding Secretary I just laugh. In Poland I think they joke about how many HOA officers it takes to change a lightbulb.

TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By RobinL7 on 10/29/2015 10:47 AM

I don't mind this type of situation for emergency measures but to rely on this process "long term" I think is problematic.

Then perhaps you should agree to take minutes or canvas the membership for someone to volunteer to take minutes (perhaps a spouse).

Quote:
Posted By RobinL7 on 10/29/2015 10:47 AM

Does anyone have a boiler plate letter for "notice of hearing", you could get to me?

See attached.
It's a little lengthy but many items are required by our enforcement policy.

The main things to include are: Time, Date, location, violations with pictures (as it allows everyone to see what specifically is the issue), citation of covenants/rule/reg being violated and potential outcome.

📎 Attachments (1):

⏸ Downloads temporarily unavailable

📝11029301555071.doc(40 KB)
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Are there not guidelines/suggestions about whom does what on a BOD? Seems to me many suggest some positions can be combined such as VP and Treasurer, but not some combined like Pres. and Sec.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, perhaps you can write the draft minutes.-- good idea. The point is that you must have minutes written and then approved. I the really isn't too important who writes them, so, since your bylaws allow it, get someone--anyone to draft them.

If you have a property mgr., often it's in their contract to write the draft minutes.

I don't know about NC, but CA corps. code, unlike AZ, does have a requirement for certain officers and so do our bylaws.

But I don't know what you mean about the "various documents" that go in the minutes. The minutes--along with the basic info about where the mtg. was held, the date, who was present, who was absent, only are about the motions and actions taken at meetings. I guess the minutes could say see attached documents with a list of their titles & dates.

Put another way, the minutes pretty much are aligned with the agenda.

How many are on your board? In your HOA?
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By JohnC46 on 10/29/2015 2:16 PM
Are there not guidelines/suggestions about whom does what on a BOD? Seems to me many suggest some positions can be combined such as VP and Treasurer, but not some combined like Pres. and Sec.

Many Association governing documents limit combined office positions.

The one's I've seen only allow the Secretary and Treasurer positions to be combined.
However, and as the OP stated, rarely do the governing documents require all Officers to also be members of the board (i.e. Directors). Typically only the President and VP are required to be Directors.
RobinL7 (North Carolina)
Posts: 45
Posted:
Thanks great template! And thanks to all for your suggestions and comments!

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