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ElaineI (Georgia)
Posts: 33
Posted:
Does anyone know if the board by law has to post the minutes of the board meeting in GA? They did a general session meeting on a Sunday at 12 pm that lasted for only 23 minutes. Yeah I know we all felt the same.

Do they need to make the open general sessions at a more reasonable time? Seems weird to me but I have no idea.

ElleN (Idaho)
Posts: 4,420
Posted:
ElaineI, is this HOA a corporation? If so, then all I can say with certainty is that the Georgia Nonprofit Corporation statute requires that the HOA retain Minutes as records, and owners have the lawful right to inspect and copy "excerpts" from the Minutes. (Do not ask me why the statute refers to "excerpts.")

Many HOAs do post minutes on their web site, or they email them out, as a courtesy, but I do not think I have seen a requirement to do so.

Is this a condo? Do you know which Georgia statutes apply?
JohnM102 (Arizona)
Posts: 24
Posted:
I just did a search asking the question and as in AZ minutes MUST be posted within 30 days of the meeting.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JohnM102 on 06/19/2023 12:25 PM
I just did a search asking the question and as in AZ minutes MUST be posted within 30 days of the meeting.
I do not see this in Arizona statutes. Got a citation?

Maybe your 'bot was speaking of the Minutes of certain City Council meetings.
KerryL1 (California)
Posts: 14,550
Posted:
"General session meeting" is unusual language. Is it a board meeting? Or is is a Special Meeting of the Members (Owners)? Or an annual meeting of the members (usually an election)? If a meeting of the members, often the minutes aren't approved until the next meeting of the members, which could be a year away.

In all HOAs I've heard about on this forum, members must request a copy of the minutes for all kinds of meetings. Many HOAs, including the one I'm in, however, post them on the website as a courtesy.

If a meeting of the Board, in CA, owners may request a draft copy in writing 30 days after the boar meetings. Don't know about GA.

Board may schedule board meetings any time they wish unless your Bylaws state specific times or days. Board meetings and meetings of the members in my HOA always are Mon. - Friday, noon because our contract with our MC requires the Assoc. pay our PM overtime for Friday evenings or weekends and the PM writes the minutes.

MarkM19 (Texas)
Posts: 1,459
Posted:
Kerry,
I think you hit the nail on the head with your post. I am not familiar with Georgia law but in most HOAs the board must approve the minutes at the next scheduled meeting and then must post them within 30 days. In some cases, the board could post the Draft copies of the minutes if they chose too but they are not official till they are approved at the next meeting.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry about my apparently awkward wording, Mark! CA HOAs are not required by statute to post, eblast, or send approved minutes to any owners Unless individual owners request them.

I have not seen, on this forum, info about any state's HOAs that are required to post or otherwise get approved minutes to owners. But, Texas?

Our HOA posts them as a courtesy the day after the Board approves them as a courtesy to Owners.
ElaineI (Georgia)
Posts: 33
Posted:
Hi Sorry for the delayed response. To be clear the new HOA board took over in January. In Feb. they did post the minutes on the management website. One of the Board members has a problem I am assuming with me for trying to hold them to the bylaws. I just want to know because I am not sure if they are breaking any law by not posting the minutes anywhere.
KerryL1 (California)
Posts: 14,550
Posted:
What do the Bylaws say, Elaine, that you think the Board had a problem with?

Looks like you'll need to check GA law on your own to see if HOAs must automatically supply approved minutes to owners after they are board-approved. Or must Assocations only supply them upon request.
ElaineI (Georgia)
Posts: 33
Posted:
Hey Kerry,
I think it's because they are being expected to follow the by laws honestly. They have been getting away with doing what they want for years.
SheliaH (Indiana)
Posts: 6,964
Posted:
"Reasonable " is subjective, and you'll never find a day and or time that works for everyone. Even if that happens by some miracle, all it takes is an emergency of some sort affecting several board members to throw the whole thing out of whack (again).

Usually Sundays aren't good for business meetings because people are busy with church, going to brunch or just relaxing ( it IS supposed to be a day of rest, after all.) If you haven't asked shy this was on a Sunday, you should. It would seem to me if you had such a short meeting, the subject had to be really time sensitive, otherwise, why not wait until the next meeting? Perhaps what they need is a policy regarding emergency meetings and action without a meeting. They should be able to consult the document and draft a policy, perhaps running it by tge association attorney to ensure there aren't conflicts with the documents.

And why hasn't it occurred to anyone it would be a lot easier to schedule meetings at the same day and time, like the second Tuesday at 5 pm? The board can discuss what day would work best for everyone and then announce that to the community. We would look at tge calendar and list the dates with the first newsletter back in the day and still post a sign at the clubhouse three days in advance. You may still come up with an emergency occasionally, but once you have a schedule, board members need to put it on their calendar and plan, set an alert on their phone or something so they know to reserve that time.

Sometimes I'm amazed how people don't seem to use common sense to resolve these issues without tying themselves in knots. This is why we need to teach critical thinking skills in school!

Regarding the minutes, those aren't official until after the board votes to approve them, which occurs at the next meeting. So if you met in May, the minutes should be reviewed and approved at the June meeting. You might have a set of draft minutes made available before that meeting, but they should clearly be listed as such. In my community, the board members signs a copy of the approved minutes and then they're posted on our website. That would also include any corrections, such as spelling errors.

I dont know if there's a law in Georgia addressing this, but if your documents don't specify this, I would expect them to be made available at least 45 days after the meeting. That should be plenty of time to meet, approve the minutes and post them to the community website or publish in the newsletter. When we had our newsletter, it went quarterly before we ended it for good, and we published a summary of tge minutes. We also said these weren't the official minutes and to contact the property manager to request the official versions. That worked pretty well.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Keep in mind that meeting notes are not official till approved at next meeting. Spending on frequency of meetings should expect them after that meeting not directly after the meeting just held

Former HOA President

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