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MichaelT21 (Arkansas)
Posts: 462
Posted:
An owner came to a recent meeting, and made some nonsensical comments during homeowner forum. They were direct accusations of the board of wrongdoing, violation of the state law, and failing to properly approve motions. In the comments were incorrect recollections of past motions, which were never recorded in the meeting minutes, and accusations that the current Board failed to rescind prior motions prior to passing new motions. Overall, the comments were a nonsensical diatribe against the current Board, and of me. This owner asked that her accusations and claims be documented in the minutes.

Is the association required to document in meeting minutes homeowners comments? Or we we simply say "Sour Sally made comments on board actions".

I would like to think we can simply record that comments were made by xyz during open forum, without a description of what comments were made.
BillH10 (Texas)
Posts: 1,217
Posted:
In the associations we manage, and in the sub and master association in which we reside, the details of the owner's forum comments are not recorded in the minutes any more than are the details of discussions which take place by members of the Board during the meeting. The Owner's Forum in our client associations, and in our sub/master associations, takes place before the meeting is called to order, hence before the Secretary begins taking the official minutes.

A general comment is included with the document which when published contains the meeting minutes which states X owners (or none, if that is the case) provided comments during the owner's forum. As an example, it might say: two owners spoke to landscape matters and a third spoke to the proposed increase in the assessment.

Occasionally an owner will make a comment or raise an issue which merits further review, in such cases the President or the PM will tell the owner he or she will be contacted by the PM for additional information.

Also occasionally a member of the Board or the PM will ask questions for clarification, otherwise the President simply thanks the owner who provided the comments.
AugustinD
Posts: 1,027
Posted:
-- Your bylaws and state statute have no such requirement.

-- As has been noted here many a time, per Robert's Rules best practices for the body of Minutes is to include only motions and votes on motions.

-- I think that including open forum owners' commentary only invites gossip and the spreading of misinformation.

-- I also think including an owner's name in Minutes (for the purpose of indicating who said what) is a fifth grade tactic designed to be used to embarrass in many situations. As in misquoting the person or misrepresenting her or his tone.

-- Secretaries with a chip on their shoulder will attempt to summarize discussion among directors and from owners. Such a Secretary may (will?) editorialize to forward her/his agenda. Worse, the board has to vote to approve or not approve the minutes. Whence the gossips in the community will eat up the diversion and conflict and the fun of causing a diversion and conflict.
KerryL1 (California)
Posts: 14,550
Posted:
Just remember this simple advice from Robert's Rules; The minutes should include only what was done, not what was said.

So certainly open forum remarks should not be included. But I'd leave it up to the Board to decide a general policy. The minutes might note the general comments as Bill suggests, or simply that 4 members participated in open forum or none, or whatever. The minutes should show that open forum was held so that jerks like MichaelT's past board member cannot claim that the law was not followed.

What's worked exceedingly well for the past couple of years in our HOA is that every owner has one or more chances to contribute to open forum. They are limited to one topic per turn and two minutes per their turn. Directors & the PM take notes about the general topic addressed by each. Usually about 8-12 owners participate. Then the Chair closes open forum and the PM and/or one or more directors respond to each topic raised. Some may lead to directions to management; some to further research; some to a clarification of the rules, etc.

We have a Guide for Conduct on the backs of the agenda. Notable, maintenance complaints are not generally acceptable.

This approach takes away the contentious back-&-forth between an Owner & one or more directors that characterized a previous abusive & bullying board.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By AugustinD on 11/02/2022 1:35 PM
-- Your bylaws and state statute have no such requirement.

-- As has been noted here many a time, per Robert's Rules best practices for the body of Minutes is to include only motions and votes on motions.

-- I think that including open forum owners' commentary only invites gossip and the spreading of misinformation.

-- I also think including an owner's name in Minutes (for the purpose of indicating who said what) is a fifth grade tactic designed to be used to embarrass in many situations. As in misquoting the person or misrepresenting her or his tone.

-- Secretaries with a chip on their shoulder will attempt to summarize discussion among directors and from owners. Such a Secretary may (will?) editorialize to forward her/his agenda. Worse, the board has to vote to approve or not approve the minutes. Whence the gossips in the community will eat up the diversion and conflict and the fun of causing a diversion and conflict.

Well said especially the part about a Secretary with a chip on their shoulder.

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