Distribution of Draft Board Minutes

A year ago, our Board of Directors of our HOA initiated the distribution of Draft minutes of the Board meetings, issued right before the next Board meeting. The purpose was so that residents would have an opportunnity to review what happened at the last Board meeting right before the next meeting where those minutes would then be approved. Draft minutes are rarely if ever modified. It has been suggested that it is not legal to distribute the Draft minutes although they are available at anytime in the HOA office. I contend that there is no illegality here as long as the minutes are identified as Draft. What is your consensus?

ArthurD,

I wish I could give you better advice, but I’m not all that familiar with the “do’s and “do not's” of an HOA.
Being a recently elected vice president of my HOA, I would not release these or any meeting minutes to members prior to them being approved. Maybe I’m wrong if thinking this way.
Let’s say that everyone you have emailed these to fully understand that they are draft minutes. (rough drafts so to speak, notes). What would be the reason for having the BOD approve the minutes at all? I thought the board approved the minutes so that if later they need to remember any of the topics discussed, approved and not approved, the board would have written proof if needed Or, if needed for any legal proceedings.
I am especially thankful for such great minutes taken prior to me being elected my position. I have literally read month’s worth of previously approved minutes.
RogerB is a very knowledgeable individual. I have learned a lot from the advice and suggestion he has given to me and others on previously written posts. I appreciate his suggestions and HOA knowledge but I would have to disagree with him on this I am aware that a member can view these minutes at anytime. Which they should if they (the members) are interested in knowing what is being discussed at their HOA board meetings. I think it is a great to be so prompt in emailing draft minutes to selective members of the association (those who have asked for them) but, they haven’t been approved.
I maybe wrong in my thinking, If I am, I’m sure I’ll be corrected. “If” it is alright to have members view these minutes prior to approval, what is the rationale for approving them at all?

Good post, I personally thank you. I will learn a lot from the responses you get from this post.

Chuck W.

So we SHOULD be sending out minutes to everyone right after the board meeting? We always made it available to people if they asked. We told them that if they wanted a copy of them we would have no problem sending them at that time. We did that to save on money. Is this incorrect?

ArthurD,

Procedurally minutes are made available to owners after they are approved. Therefore approved minutes should be posted and or available soon after, and in between open meetings.

I would not distribute a draft of minutes to owners in advance of board approval. I would press the minute taker to get the Board the minutes sooner than right before the open meeting.

I understand the intent of providing a draft to owners, think it's wonderful your HOA Board shares information. However, I would approve the minutes, give a brief overview of activities at the last Board meeting, and inform the owners that the approved minutes will be available, when and where.

GeraldT1
NNJ

Roger,

I stand by my statement. Please explain why you think the procedure needs to change if board meetings are quarterly and there's one meeting with members once a year? Perhaps there is something I've overlooked?

A good board could always provide owners approved minutes of working sessions to inform them in the interims. Or quarterly updates.

I do not think it's appropriate that a draft of minutes be distributed outside of the board/management arena prior to minutes being approved. Owners always retain the right to know. If they so desire, they can put their requests in writing to the MC or Board and see what's going on.

GeraldT1
NNJ

RogerB,

There is nothing I have overlooked in the validity of my statement and opinion. IMO, the method to provide prompt information is a multitude of options other than providing a draft of minutes IMO, the method is to approve minutes promptly, hold adequate meetings to accomplish this, provide minutes promptly.

If people want to receive more timely information than quarterly or annually, they should press the board to hold more open meetings or more updates, join the board, join a committee, etc.

A draft connotes that it is a working copy and subject to revisions. How do you explain revisions to draft documents published to the community? IMO, that opens up a huge can of worms. IMO, it's better to explore the multitude of options a board can excersise to inform their constituants.

GeraldT1
NNJ