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AndreaM10 (Missouri)
Posts: 10
Posted:
Can we ask a FOIA request to the board for all meeting notes handwritten and typed/closed and not closed meetings?
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By AndreaM10 on 11/07/2022 1:34 PM
Can we ask a FOIA request to the board for all meeting notes handwritten and typed/closed and not closed meetings?

Freedom of Information Act does not apply to an HOA.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By AndreaM10 on 11/07/2022 1:34 PM
Can we ask a FOIA request to the board for all meeting notes handwritten and typed/closed and not closed meetings?
You can make a records request for the Minutes pursuant to any bylaws provisions on the subject and the Missouri Nonprofit Corporation statute as given here:

https://revisor.mo.gov/main/OneSection.aspx?section=355.826&bid=19305&hl=

https://revisor.mo.gov/main/OneSection.aspx?section=355.821&bid=19304&hl=

Put the request in writing. Send this certified mail, return receipt requested to whoever is in charge. If this fails, send the request certified mail, return receipt requested to the registered agent of the HOA corporation, as given at the Missouri Secretary of State site.

Keep your request short. No hyperbole. No emotion. Just the facts.

You have a right under the Nonprofit Corporation Act to see past Minutes.

FOI laws do not apply to Missouri HOAs/COAs. Corporate records inspection laws do apply to Missouri HOAs/COAs.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By AugustinD on 11/07/2022 1:40 PM
Posted By AndreaM10 on 11/07/2022 1:34 PM
Can we ask a FOIA request to the board for all meeting notes handwritten and typed/closed and not closed meetings?
You can make a records request for the Minutes pursuant to any bylaws provisions on the subject and the Missouri Nonprofit Corporation statute as given here:

https://revisor.mo.gov/main/OneSection.aspx?section=355.826&bid=19305&hl=

https://revisor.mo.gov/main/OneSection.aspx?section=355.821&bid=19304&hl=

Put the request in writing. Send this certified mail, return receipt requested to whoever is in charge. If this fails, send the request certified mail, return receipt requested to the registered agent of the HOA corporation, as given at the Missouri Secretary of State site.

Keep your request short. No hyperbole. No emotion. Just the facts.

You have a right under the Nonprofit Corporation Act to see past Minutes.

FOI laws do not apply to Missouri HOAs/COAs. Corporate records inspection laws do apply to Missouri HOAs/COAs.

Good look getting hand written notes from people. It will never happen because all someone has to say is I threw them out.
KerryL1 (California)
Posts: 14,550
Posted:
So you DO have open meetings in your HOA? But I do not think the board must turn over executive session minutes to owners.

What size is your HOA Andrea?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AndreaM10 on 11/07/2022 1:34 PM
Can we ask a FOIA request to the board for all meeting notes handwritten and typed/closed and not closed meetings?

Andrea,

As others have said, per the MO Chapter 355 Nonprofit Corporation Law, applicable if your Association is incorporated (most are but check to be sure), members are allowed to inspect the records of the corporation.

What is considered a corporate record is defined in 355.821. Corporate records.

Your right to inspect (not necessarly have copies of) are outlined in 355.826. Member's inspection of records and 355.831. Scope of inspection right.

You may have additional rights in your governing documents.

Hope this helps,

Tim
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You can ask for OFFICIAL notes of the HOA. Which are notes that are approved by the HOA board. This is usually done after the NEXT meeting. One doesn't need to see any one's notes as those are still "personal". They are not official notes approved by the HOA for distribution or to even work from.

What are you trying to dig for? If you don't know, then your just going to get lost in the things you do or do not know...Have purpose and a solution in mind...

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
What Melissa & you both seem to be fearing to are meeting minutes. These must be approved by the Board and kept forever. They are the official record of the board's actions/decisions.
KerryL1 (California)
Posts: 14,550
Posted:
The correct term that Melissa should have used is meeting minutes. They must be approved by the board. They must be kept forever.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I have years experience taking meeting note/minutes. Not only for HOA but in my real job as well. We did NOT hand out the "notes" of the meeting. We handed out the final agreement of what came from those notes agreed by all parties. Me and other people often were tasked with taking our own respective notes in my real job. After the meetings were done, we may send the copy of our notes to each other. That did NOT mean they were official. It meant we were comparing notes to make sure we had a full list or did not miss something. It was after we did that, we then worked on the Final draft of the notes. Once that was done those were submitted to be officially approved by management or the attendees of that meeting.

So no you don't get the "notes" of the meetings. You get the final draft just like everyone else. If you attend in person, you are welcome to take as many notes as you want to. Doesn't mean your notes are part of the HOA records. Those are for your personal use.

Former HOA President

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