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YvonneM2 (North Carolina)
Posts: 5
Posted:
Curious to get your opinion about who is responsible for the annual meeting in this circumstance:
- Secretary resigned shortly before the annual meeting due to health issues
- President ran the meeting and her term ended when the new board was elected at the annual meeting
- Vice President and Treasurer were in the middle of their terms, and are the "carry over" board members.
- Remaining 3 board members are newly elected.

Thanks!
Yvonne
MaxB4
Posts: 3,513
Posted:
The presiding officer, which have been the President.
TimB4 (Tennessee)
Posts: 21,059
Posted:
At the very least, the presiding officer should have asked someone at the meeting to keep the minutes.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By YvonneM2 on 10/12/2022 8:34 AM
Curious to get your opinion about who is responsible for the annual meeting in this circumstance:
- Secretary resigned shortly before the annual meeting due to health issues
- President ran the meeting and her term ended when the new board was elected at the annual meeting
- Vice President and Treasurer were in the middle of their terms, and are the "carry over" board members.
- Remaining 3 board members are newly elected.
Your Bylaws may very well say that the Secretary is responsible. However, and as you describe, 'stuff happens.'

I say any able-bodied volunteer who was at the meeting and is okayed by the board to do the Minutes is fine. Why? Because the Bylaws say the Board appoints the secretary. AFAIC, this includes even people assigned temporarily to perform the duties of the Secretary. Also consider asking the manager (if he/she was present at the meeting) to do the Minutes.

I do not think you folks should be sweating this.
YvonneM2 (North Carolina)
Posts: 5
Posted:
Thanks! The meeting happened in mid-September and it's one of those things that fell through the cracks. Not a big deal, but I was wondering what the "official" answer would be.

KerryL1 (California)
Posts: 14,550
Posted:
Agree any volunteer as the Board agrees. But are you saying there are NO minutes of the annual meeting and election?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Remember in many HOA the President can not act as Secretary. That may mean they can not take the notes. The other officers or a volunteer can do it.

Former HOA President
YvonneM2 (North Carolina)
Posts: 5
Posted:
I'm creating them right now (I'm the former President). Fortunately I kept all my notes so it's not a big deal.

I was under the impression that the carry-over board members were responsible for getting the minutes out to residents, but that might be a misunderstanding on my part. At the time the VP said she would take notes but has either forgotten about that or is trying to get out of doing them. I offered to help her in whatever way she needed on this an other things and was blown off ... now she needs my help when residents started hounding her for the minutes. Lol
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MelissaP1 on 10/12/2022 10:13 AM
Remember in many HOA the President can not act as Secretary. That may mean they can not take the notes. The other officers or a volunteer can do it.

Really, and where did you read that from?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Really Max it is in my documents describing the duties of President.

Former HOA President
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MelissaP1 on 10/12/2022 4:05 PM
Really Max it is in my documents describing the duties of President.

Some documents will state that officers can't hold multiple office, but there is NOTHING that says that they can't minutes on a one off basis, or even take notes. Are saying as your time as president you never took notes, wouldn't surprise me.
KerryL1 (California)
Posts: 14,550
Posted:
My bylaws too also say the sec'y & Prez can't be the a same person. This has to do with signature issues,

But the prez certainly CAN write meeting minutes. Whoever volunteers won't have the office title of "secretary." I think it's a bad Idea since the president normally presides at the annual meeting and that's quite enough to focus on at one time.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By KerryL1 on 10/12/2022 4:18 PM
My bylaws too also say the sec'y & Prez can't be the a same person. This has to do with signature issues,

But the prez certainly CAN write meeting minutes. Whoever volunteers won't have the office title of "secretary." I think it's a bad Idea since the president normally presides at the annual meeting and that's quite enough to focus on at one time.

But the question was "who is responsible" for the minutes. This would reside in the presider of the meeting to have things organized. It is a matter of delegating to hold a organized meeting.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It was states that Secretary does meeting notes as responsibilities. So how can President do it if can not act as Secretary?

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It was states that Secretary does meeting notes as responsibilities. So how can President do it if can not act as Secretary?

Former HOA President
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MelissaP1 on 10/12/2022 5:07 PM
It was states that Secretary does meeting notes as responsibilities. So how can President do it if can not act as Secretary?

UNBELIEVEABLE
KerryL1 (California)
Posts: 14,550
Posted:
Right, I do know the question, Max. IMO, the board is responsibie to make certain someone takes meeting notes.

Melissa has gone off the deep end. But it's clear that she should never take meeting notes.

And also, tho' I think it a bad idea, re-read my: "But the prez certainly CAN write meeting minutes. Whoever volunteers won't have the office title of 'secretary.'"

Agree with Aug. don't sweat this, but make sure someone writes them. Do know, in addition, they should be approved by the membership since it was a members meetings.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well if the President is NOT to act as the "Secretary", and the Secretary job duties state they are responsible for taking meeting notes, then how is that "legal" notes of the Association? The President sure can take notes but they are not "official' notes of the HOA since not done by the official person responsible. That could well be a "good" lawyer argument in court against the HOA... Just sayin...

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Perhaps this never happened when you were prez, Melissa. But board secretaries do miss meetings. So the board appoints or perhaps the president delegates note-taking to someone. Might be another director, might be herself if no one else will do it, might be an owner in attendance.

But it is the board for board meetings, that later approves those draft minutes with their vote. No one abstains if they were absent, unless they see something they behoove is wrong with the draft minutes. The president and the secretary sign the approved minutes no matter who wrote the draft minutes. And no matter if neither was present at the meeting.

Do you think meeting should be called if the sec'y is absent, Melissa? Where did the "go to court" thing come from? So silly.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Not what I think it what law says. Plus need a quorum. If Sec is missing would there be enough anyways?


Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
This isn't about quorum, Melissa. Do you think the law says a meeting must be canceled if the sec'y is absent?
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MelissaP1 on 10/12/2022 10:33 PM
Not what I think it what law says. Plus need a quorum. If Sec is missing would there be enough anyways?


This is a annual meeting of the members, the board or officers are not required to be there.

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