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NikF (Tennessee)
Posts: 3
Posted:
Hi, I'm in Tennessee and our community had their annual meeting in September 2023 and the meeting minutes have not been published yet. Is there a rule or law about when they have to be published.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Are you in a condominium development or single family home development (different laws apply)?

Is your association incorporated (most are but check to be sure)?

Typically, there is no requirement to "publish" meeting minutes.
The requirement would be to make them available for review.

Typically, only approved minutes are available for review.

With all of that said, it's not unreasonable to ask what occurred at the annual meeting.

Have you asked your Board for a copy of the minutes?

SheliaH (Indiana)
Posts: 6,964
Posted:
Sometimes the HOA waits until the next annual meeting to approve the minutes, but as a practical matter, it doesn't make sense because you may have another set of owners who weren't there at the time. Everyone's slept since then, so you might not remember what happened at the meeting.

According to this article. The 12th edition of Robert's rules of order states bodies that don't meet less than quarterly don't approve annual meeting minutes - the board could do that at its next regular meeting.

https://blog.lawfirmcarolinas.com/should-annual-meetings-approve-minutes/

Note this wouldn't apply to weekly or monthly meetings- those must be approved at the next meeting. This is why minutes should be prepared as soon as possible - it's not about recording who said what, but reflects the actions taken during the meeting, such as the board voting yo hire X company as the lawn care contractor for 2024 through 2026.

There are meeting minutes examples around the web, and Word has templates you can download and adapt.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
Minutes are not official until approved. For an annual meeting of the members, you have to wait until the next annual meeting for the members to approve the minutes.
KerryL1 (California)
Posts: 14,550
Posted:
With Shelia, I believe the Board (since it's composed of owners/members) could approve the annual meeting minutes at a board meeting.

A friendly manager or board secretary COULD give them to you now clearly stamped "DRAFT."

But since minutes should only record decisions, and since few are made at annual meetings, what do you think you'll see in these, Nik, that a neighbor who attended cannot simply relate to you?
CA7 (Texas)
Posts: 2
Posted:
It is my understanding that meeting minutes can be made available as within a week or so with notation "pending approval", or "unapproved" or "draft" so that they can be read prior to being approved at the next official meeting.
NikF (Tennessee)
Posts: 3
Posted:
It was an annual meeting that we had in September 2023 and elections were held for the board but they counted the proxies and votes after the meeting. We have a facebook page and I understand that it is not required to post who they are on the page but many homeowners have been asking but no one replies. I contacted the management company and found out who they are and posted it. I then got a email from the president saying to take the post down. I emailed him back and asked why but he hasn't replied. I guess my issue is transparency. He also said that he didn't want to include in the minutes who was running and how many votes each person received. This is required because it was a vote so I'm not sure what he is trying to hide. I thought the minutes have to be available to view within 30 days of the meeting. Any help would be greatly appreciated.
KerryL1 (California)
Posts: 14,550
Posted:
If the vote tabulations happened after the meeting, the "winners," etc. won't be IN the minutes. What do your Bylaws say about the annual meeting of the members (owners)? What is supposed to occur??? If silent, what does TN Corporation Codes say about electing board of corporations (which your HOA probably is) ?

Request copies of all board meetings since the election. On them, there should be the names of who on the board was present & who was absent. The Board sec'y and maybe the board president must sign minutes when approved.

To keep the names of board members secret is really disgusting and perhaps against state law or your Bylaws. Are board meetings held in secrecy too???
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By NikF on 02/06/2024 8:25 AM
He [President] also said that he didn't want to include in the minutes who was running and how many votes each person received. This is required because it was a vote so I'm not sure what he is trying to hide. I thought the minutes have to be available to view within 30 days of the meeting. Any help would be greatly appreciated.

An argument can be made that only the final results of the voting (who won) needs to be included.
However, the ballots are considered records of the Association and should be made available if one were to ask to review them.

An argument can be made to not disclose the vote count in the minutes to not embarrass anyone.

Personally, I think the count should be included.

KerryL1 (California)
Posts: 14,550
Posted:
I like it that CA HOA statutes requires vote counts to be made available to the membership. We see it in most? all ? other arenas of life where we vote. If a non-winner has such a thin skin that they'd be "mortified," or whatever, they may not be good "director material" anyway, where a thick skin is required.

In my recent (sigh, repetitive-in-part) post I related how 3 dreadful incumbents lost their bid for reelection. It was a service to the decent directors and to rightfully-unhappy Owners that we all could see the magnitude of their defeats. No, not a landslide, but decisive in all 3 cases. I hope a warning that our HOA members won't "suffer a long train of abuses" indefinitely.

Does TN Corporations Code have any such requirement for board elections? Must HOAs/coproations keep the ballots for a certain period of time, by law?
AidylP1 (California)
Posts: 108
Posted:
I have my annual minutes approved by the Board at the next Board meeting after the annual meeting.
SheliaH (Indiana)
Posts: 6,964
Posted:
That's how most HOAs do them according to the article link I posted. I suspect those minutes will be pretty short anyway, including board election results - where vote and proxy counts should be done DURING the meeting to ensure no funny business on the count because there will be witnesses.

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:
While one part of me says the Annual Meeting Minutes need to be approved at the next Annual Meeting it would be foolish to wait for such a time. I say release them ASAP and noted they have yet to be approved. Do not hide stuff.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By JohnC46 on 02/07/2024 11:56 AM
While one part of me says the Annual Meeting Minutes need to be approved at the next Annual Meeting it would be foolish to wait for such a time. I say release them ASAP and noted they have yet to be approved. Do not hide stuff.

I agree.

My previous association would post them online, identifying them as "Draft"

My current association sends an email summarizing what occurred (but not the actual minutes) within a few days of the meeting.
NikF (Tennessee)
Posts: 3
Posted:
I contacted the management company to review the minutes and I was told they were not done yet and the meeting was in September. Is there a timeframe that the minutes need to be done by.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By NikF on 02/07/2024 1:50 PM

Is there a timeframe that the minutes need to be done by.

The earlier the better.

However, I know of no TN statute that address the issue.
Some States do have statutes that address this but none that I could find in TN.
Therefore, technically, they could be done the day before the meeting they are approved at.

KerryL1 (California)
Posts: 14,550
Posted:
If, Nik, as you say, the votes were tabulated AFTER the annual meeting was adjourned, the tabulation will not be in those minutes. As I wrote below, read the minutes of the Board regular meetings, surely there've been some since Sept., to find out who's on the board.

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