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MarniD (Florida)
Posts: 39
Posted:
Our HOA has very few minutes for the residents to view on our portal, and of those that are posted, some of them are marked "draft". Some of those "drafts" are a year old.

I am no longer attending meetings but I do want to keep up with what is going on.

August of 2021, they held the "Quarterly Meeting" and also along with that was a "Special Meeting"

What they did was have the "Special Meeting", discussed the issue, then adjourned. Then they began the regular Quarterly meeting. The "special meeting" is posted online, but not the Quarterly. I have requested the minutes of that meeting, are they required to send them?

Also, why would these meetings be marked "draft"? What exactly does that mean? Thanks
SheliaH (Indiana)
Posts: 6,964
Posted:
Meeting minutes reflect the official actions of the association, which is why they should be reviewed at the next board meeting. Usually, the secretary prepares a draft of the minutes, which are read during the meeting. If any corrections or clarifications are needed, such as correct spelling of someone's name, or clarifying that the board decided to refer something to the property manager for follow up, it should come up at that time.

Once those corrections are noted (if necessary), someone makes a motion to accept the minutes as read (or with corrections), someone else seconds it, and then everyone votes. If that vote was affirmative, the minutes become official and a permanent part of the association's records. After minutes are approved, our board members sign the minutes and that copy (corrections and all) are given to the property manager for filing.

In your case, you should already know if you can ask for meeting minutes by reading your documents (usually homeowners do have a right to request copies and they should be the official ones). Go back to the board and note your copy says draft and what you want are copies of the APPROVED minutes. If you're told "well, it's the exact same thing," tell them your copy says draft and that's not the same as official - if they're the same, THAT's what you expect to receive. If necessary, also note if subsequent minutes indicate whether the previous meeting minutes were ever approved - if not, tell the board, they need to fix that immediately.

From now on, the secretary needs to ensure the official minutes have been saved and that those minutes are complete and accurate (not who said what, but who was there, times the meeting started and ended, what was done on each agenda item, etc.). If he or she doesn't know how to do that, there are templates around the internet and in WORD he/she can copy. minute templates around the Internet and in Word note if the minutes at the next meeting contained a statement that the minutes were actually read and approved - if not, how do you know what you received is official?


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarniD (Florida)
Posts: 39
Posted:
Thank you, I know when I was VP of my HOA, but that was over 15 years ago, what you indicated was true, but our HOA board does things very differently, they do not follow CCR's and there is a mess in our community. I would like to see this change, however, it does not due to the community plague of apathy which is so common. I no longer go to meetings, they are just a shouting match and people are told to be quiet or called liars in public, it's just too stressful.

I do, however want to make sure to keep up with what is going on. Thanks for your reply.
SheliaH (Indiana)
Posts: 6,964
Posted:
Yes, that's the story of many an HOA - and them people wonder why their neighborhood looks the way it does and no one seems to give a damn.

From a legal standpoint, I don't know if this board realizes what a pile of horse dooky they're creating by simply leaving minutes as a draft. If stuff goes down, you end up with people saying things like "that's not what happened at that meeting last January," but no one remembers for certain because the minutes were never approved properly.

The other homeowners may be too intimidated by this bunch (in which case, they get what they allow), but for giggles, you could bring it up and see what they have to say. Some may look dumbfounded and the others may give you the stink eye, in which case you can smile sweetly and suggest they consult the association attorney for the proper procedure - if you're wrong, you stand corrected.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MarniD on 03/15/2022 8:28 AM
Our HOA has very few minutes for the residents to view on our portal, and of those that are posted, some of them are marked "draft". Some of those "drafts" are a year old.

I am no longer attending meetings but I do want to keep up with what is going on.

August of 2021, they held the "Quarterly Meeting" and also along with that was a "Special Meeting"

What they did was have the "Special Meeting", discussed the issue, then adjourned. Then they began the regular Quarterly meeting. The "special meeting" is posted online, but not the Quarterly. I have requested the minutes of that meeting, are they required to send them?
Short answer:

The HOA is not required to send them. Per FS 720, the HOA is required to make the records available to owners for inspection of photocopying.

Elaboration: FS 720 says

The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages. An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device.
(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.
(b) A member who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.

[more at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html



Regarding Draft Minutes: As SheliaH and you discussed, I agree that official minutes should not be marked draft. Then again if the subsequent minutes say the prior meeting's draft minutes are approved as written, I am not sure I would make a fuss about this. One should pick one's battles and so on.
MarniD (Florida)
Posts: 39
Posted:
Quote:
Posted By AugustinD on 03/15/2022 9:19 AM
Posted By MarniD on 03/15/2022 8:28 AM
Our HOA has very few minutes for the residents to view on our portal, and of those that are posted, some of them are marked "draft". Some of those "drafts" are a year old.

I am no longer attending meetings but I do want to keep up with what is going on.

August of 2021, they held the "Quarterly Meeting" and also along with that was a "Special Meeting"

What they did was have the "Special Meeting", discussed the issue, then adjourned. Then they began the regular Quarterly meeting. The "special meeting" is posted online, but not the Quarterly. I have requested the minutes of that meeting, are they required to send them?
Short answer:

The HOA is not required to send them. Per FS 720, the HOA is required to make the records available to owners for inspection of photocopying.

Elaboration: FS 720 says

The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages. An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device.
(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.
(b) A member who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.

[more at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html



Regarding Draft Minutes: As SheliaH and you discussed, I agree that official minutes should not be marked draft. Then again if the subsequent minutes say the prior meeting's draft minutes are approved as written, I am not sure I would make a fuss about this. One should pick one's battles and so on.

The problem is that there are serious mistakes and omissions that are EXTREMELY IMPORTANT so how does a resident fix this? A huge blow up occurred at a meeting and was totally ignored. I rue the day I purchased in an HOA, it's gotten so bad that people just do not want to be involved for fear of being targeted.

AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MarniD on 03/15/2022 10:35 AM

The problem is that there are serious mistakes and omissions that are EXTREMELY IMPORTANT so how does a resident fix this? A huge blow up occurred at a meeting and was totally ignored. I rue the day I purchased in an HOA, it's gotten so bad that people just do not want to be involved for fear of being targeted.
I hear you. I have known malevolent secretaries and rogue board majorities that omit anything that seems to speak against them. They also changed the language to reflect positively on them and negatively on anyone they did not like.

Granted the Minutes are supposed to be quite bland. The Minutes should only include start time, end time, motions, and votes on the motions. None of the dialogue should be recorded. Respectfully, the "blow-up" you wish you were recorded has no place in the Minutes.

How to fix mistakes and omissions in general? Only the Board gets to vote to approve Minutes, so your best chances lie in changing the board make-up. Alternatively during any open forum portion of a Board meeting, you can speak your mind.

I trust you will keep reading here. It might help to know how many folks find HOAs and COAs extremely problematic.
KerryL1 (California)
Posts: 14,550
Posted:
"Blow ups should not be recorded in the minutes nor any other "discussions." Only motions and votes. So....Marni, what else was allegedly delete? As Austine point out, only the board can amend the approved minutes.

You could bring up the errors at an open forum and ask the Board to amend. Give the date, agenda item # and what is missing or incorrect in the minutes. If only Draft" minutes, you should be able to add your opinion in one forum at the meting where those minutes will be up for approval.
KerryL1 (California)
Posts: 14,550
Posted:
Again, Marni, what do you think is missing from the minutes???
MarniD (Florida)
Posts: 39
Posted:
Quote:
Posted By KerryL1 on 03/15/2022 12:35 PM
Again, Marni, what do you think is missing from the minutes???

The "blow ups" are recorded along with BOD statements or resident statements that in my opinion have no place in the minutes. Personality conflicts, or dislike of BOD or residents should not have a place in an official document. Our meetings are so contentious that it's painful to go, mics cut off and lectures from the board are pretty common and back and forth bickering. I really don't get why these thing have to be so hard.
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, if you suggest they check with the association attorney about deleting "draft" from minutes once they're officially approved, you may as well add that they should ask about throwing in opinions, insults, and whatever blow-by-blow conversations that occurred during the meeting (as you know, that's a no-no). If the wrong person(s) see it, the association may have a libel or defamation of character lawsuit on its hands.

Even better, there are a variety of HOA attorney websites and some of them may have blog articles on how to write meeting minutes. If you find some (preferably a firm from your state), you can print off the article and give copies to the board. They may not believe you, but maybe if they read for themselves what could happen if the minutes aren't addressed properly, there could be some changes. If nothing else, show it to the secretary, so he/she will know what to do.

I haven't mentioned them in a while, but there's also the Community Association Institute (CAI) that has lots of education materials on a number of HOA issues, including meetings. I'm sure there's something on preparing meeting minutes - may be worth spending some money to buy some of their books to see what type of best practices this one can adopt. Or go to the library (they're still around) and see if you can get a book on Robert's Rules of Order - I think the bigger volumes might address preparing meeting minutes.

On a related note - if you can find a few neighbors who believe as you do, that this board isn't behaving professionally, all of you should begin attending meetings to observe and take notes on what's going on. And talk to a few more neighbors - the people who were cussed out may be intimidated now, but if they know there are others who want the board to do the right thing, they can join in and this could be the start of either turning this board around or sacking the lot and electing people who will behave in a professional manner.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MarniD on 03/15/2022 1:05 PM
Posted By KerryL1 on 03/15/2022 12:35 PM
Again, Marni, what do you think is missing from the minutes???


The "blow ups" are recorded along with BOD statements or resident statements that in my opinion have no place in the minutes. Personality conflicts, or dislike of BOD or residents should not have a place in an official document. Our meetings are so contentious that it's painful to go, mics cut off and lectures from the board are pretty common and back and forth bickering. I really don't get why these thing have to be so hard.

You are correct about minutes. Yours might be so contentious they cannot get approved.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
We had a Secretary resign after receiving criticism on the Minutes he prepared. Overall the Minutes were very, vey slanted toward his personal wishes/desires versus actual happenings. As an example, in one BOD Meeting were there were no motions were made thus no voting the minutes were 3 pages long. Mainly they were quoting things said that favored his opinions even when the majority of the BOD did not agree with his opinions.

He pitched a hissy fit and resigned.
LaskaS (Texas)
Posts: 1,025
Posted:
I agree that minutes often reflect the opinions of the person taking them and not what actually happened.

Motions can also be written in a way that doesn't ensure the outcome the board originally intended will occur. Later on down the road, when the decision is carried out, and it's not what the board intended, everyone points fingers and no one takes accountability. Instead the close ranks and try and avoid the mistakes being discovered.

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