Open Records

Yes.

Simply post the treasurers report with the minutes. It will do the same thing.

Yes, with one exception. If you treat collection actions as confidential, you'll want to make sure that your aging report doesn't reveal individuals' names.

Our aging reports break down the past due amounts by categories (eg. less than 30 days, 31-60 days, etc.) and there are totals in each category. Then another report lists the delinquent accounts by individual. The first report is made available to owners; the second is not and is only discussed in executive session.

I don't think there is one as long as no confidential information is released. The association could run afoul of debt collection or bankruptcy laws otherwise (but verify this with a lawyer).

There is still a possible issue with using something like lot numbers to identify delinquent accounts - which is one way boards deal with these issues in open meeting states. In smaller communities, it's still possible to figure out who is attached to what number. In my condo community, the lot numbers that were used by the builder are printed on the plat maps that are available to the membership. If the association can come with an alternative identification scheme, that will probably solve the issue.

But board members come and go, and they don't forget what they learned while they were serving. Also, never underestimate curious people's ability to ferret out information that they shouldn't have. My community is small enough that, given some knowledge of the alternative identification scheme plus lien filings (which are public records), someone with a logic mind could figure it out. The only foolproof method of identification would be a random assignment of numbers - which will drive the board and the community manager bonkers and probably lead to mistakes.

Thanks all for the advice. I think I will go ahead and post it, but first I will take out the current way I maintain records on deposits by lot number.

no go ahead and do it. the number of HOA members that don't even know how much money thier HOA has is amazing.
For over 20 years our HOA never published our savings. they only published a preliminary budget showing zero savings every year with a balanced budget.

We are only 16 single family homes, and our "lot numbers" are our physical mailing addresses. I'm rethinking how much needs to be hidden regarding assessment payments.

I do agree that collection actions and disagreements rising to legal disputes should not be reflected in information that could be drawn from the ledger.

However, to simply post when a payment is received from whom doesn't strike me as some huge problem. We are a corporation; these payments are income, and I can't quite see the need to disguise or hide the source of that payment.

I agree. I believe in public shaming. I would put a sign up naming names.

DeanJ is obviously not from California where the board must vote at an open noticed board meeting to record a lien.

No, I just don’t live in a state with crazy HOA laws.

Two sections of the Ohio Revised Code, 5311 Condo Law and 5322 Planned Community Law.

Both sections

(A)(1) provides the power and authority of the owners association shall be exercised by a board of directors

For condos,

Except as provided in division (A)(1) of this section, the unit owners association shall be governed by bylaws. No modification of or amendment to the bylaws is valid unless it is set forth in an amendment to the declaration, and the amendment to the declaration is filed for record. Unless otherwise provided by the declaration, the bylaws shall provide for the following:

The time and place for holding meetings; the manner of and authority for calling, giving notice of, and conducting meetings; and the requirement, in terms of undivided interests in the common elements, of a quorum for meetings of the unit owners association;

Unless otherwise provided in the declaration or the bylaws, all meetings of the unit owners association are open to the unit owners, and those present in person or by proxy when action is taken during a meeting of the unit owners association constitute a sufficient quorum.

(4)(a) A meeting of the board of directors may be held by any method of communication, including electronic or telephonic communication provided that each member of the board can hear, participate, and respond to every other member of the board. (Note the section doesn’t say the owners have to be able to comment or ask questions)

(b) In lieu of conducting a meeting, the board of directors may take action with the unanimous written consent of the members of the board. Those written consents shall be filed with the minutes of the meetings of the board.

For planned communities

(C) Except during a period of declarant control, the board shall call a meeting of the owners association at least once each year. Special meetings may be called by the president, a majority of the board, owners representing fifty per cent of the voting power in the owners association, or any lower share of the voting power as the declaration or bylaws specify.

(D) The board may hold a meeting by any method of communication, including electronic or telephonic communication, provided that each member of the board can hear or read in real time and participate and respond to every other member of the board.

(E) In lieu of conducting a meeting, the board may take an action with the unanimous written consent of the members of the board. Any written consent shall be filed with the minutes of the meetings of the board.

(F) No owner other than a director may attend or participate in any discussion or deliberation of a meeting of the board of directors unless the board expressly authorizes that owner to attend or participate.

In both a condo or planned community in Ohio, a simple email sent by management, or from one of the board, to the entire board requesting a vote on an issue(s) does not require calling a board meeting and may be passed by unanimous written consent.