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CarolineK (Georgia)
Posts: 3
Posted:
I have a question about HOA rules in GA and would like feedback on what your HOA does. I am the secretary and I take the minutes. I take executive and non-executive and get approval from all board members before filing. We also have a website that has a documents tab, but no minutes attached. I have been pushed by the board not to distribute non-executive approved minutes and only if someone begs for it we give it to them. On Wednesday a homeowner asked me for the minutes. I told her I would have to take to our HOA company and have them send it. Fast forward to Saturday and after a lot of discussion they finally gave them to her.

I have to emphasize there was NOTHING on them that was private. In fact most of the topics weren't discussed because it is the beginning of the year. Our HOA has had issues with transparency in the past and I feel this is coming up again.

Any thoughts? Thanks in advance!!!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is best to only make available APPROVED notes. There are legal reasons for that. Official notes of an HOA can count for changes of some rules. Instead of modifying your by-laws, sometime simply putting in official meeting notes can count as a "rule". People will ASSUME many things and if they see them written in black and white, it's an upward battle. It's like trying convince someone your not cheating on them, when your not...

If someone can't wait till the next meeting for approved notes, then invite them to a board meeting to understand the business practices. Which most HOA's do not approve minutes until the next meeting. Usually one of the first action items to complete.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Were it me, I would advocate for posting Approved Minutes on the web site. Tell them to stop hiding.
KerryL1 (California)
Posts: 14,550
Posted:
Does GA law have anything to say about Owners' rights to inspect minutes? What do your own governing documents say about Onwrs' rights to inspect records, in clouding open meeting minutes??

In CA, Owners have the right 30 days after the meeting in question. If the minutes aren't yet approved by the board, they have draft on them so Owners know they aren't yet Board-approved.

Are your "non-executive" meetings open to Owners in GA? If so, those minutes would not have confidential info in them. The latter would be discussed in executive session.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Caroline,

We post our approved minutes of Board and committee meetings and the approved and draft minutes of the annual meeting on our website, but they are password protected and available only to members.

Executive session minutes (approved or draft) are never placed on the website, but are maintained in our files.

Many Boards, unfortunately, are concerned about issues being raised if the minutes were posted. It has been my experience that the minutes on the website are rarely looked at by anyone. Therefore, to me, those concerns would be unfounded.

Tim
KerryL1 (California)
Posts: 14,550
Posted:
Oh, yes, Tim reminds me. We post board-approved minutes on the password protected portion of our website.
CarolineK (Georgia)
Posts: 3
Posted:
Thanks all! Yes, I think non-executive minutes should be readily available. I just don't know what they need to hide. I am the secretary and unless I am missing something, we aren't hiding government secrets!
KerryL1 (California)
Posts: 14,550
Posted:
So, Caroline....dO your Governing documents discuss records inspection? Or, do your state laws? If so, you might copy those and gently share them with members of your Board to help educate them. Make this an agenda item for your next board meeting.

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