Yes, no question that you should. It is standard and proper procedure in any meeting. It may also be a part of your rules and regulations.
Yes. Check your Association governing documents. For reference the Washinton State Nonprofit Corporation Act regarding required documents is as follows:
Required documents in the form of a record — Inspection — Copying.
Each corporation shall keep at its registered office, its principal office in this state, or at its secretary's office if in this state, the following documents in the form of a record:
(1) Current articles and bylaws;
(2) A list of members, including names, addresses, and classes of membership, if any;
(3) Correct and adequate statements of accounts and finances;
(4) A list of officers' and directors' names and addresses;
(5) Minutes of the proceedings of the members, if any, the board, and any minutes which may be maintained by committees of the board.
The corporate records shall be open at any reasonable time to inspection by any member of more than three months standing or a representative of more than five percent of the membership.
Cost of inspecting or copying shall be borne by such member except for costs for copies of articles or bylaws. Any such member must have a purpose for inspection reasonably related to membership interests. Use or sale of members' lists by such member if obtained by inspection is prohibited.
The superior court of the corporation's or such member's residence may order inspection and may appoint independent inspectors. Such member shall pay inspection costs unless the court orders otherwise."
There may be other State Statutes that apply to you, too. A careful read of your Association governing documents and research on applicable statutes should be a benefit to you and your Association.
Not sure what state you are in.
See bottom of the following page on a website that I put together in part because of the board's refusal to provide access to board meeting minutes. As you will see this is required by law in NH.
Go to http://wvnorthface.info then select 'Owner Rights' from th menu and go to the last paragraph.
Unfortunately, I have a rouge board that I have been trying to get info from for over 2 years now. The board hired an Atty. who basically assisted in their stonewalling and practices. This atty. has the distinction of having more Atty. discipline warnings than about 98% of all N.H. attorneys. N.H. atty. discipline info is public and can be found online. Not sure about other states.
The site is a study in what not to do as a board and what to expect as an owner. There are quite a few quotes on fiduciary responsibility with references to some court cases. Read the picture of a letter on the home page for some background on this. I am now looking into a possible next step of going to the Atty. Generals office.
Yes, it is required in the state of WA and in many of the other states we are in. Additionally, it is insanely unwise to not keep meeting minutes. Say two years down the line your association is sued over some policy enacted by the board. The board doesn't have a record of that policy's approval in a valid meeting (via the minutes) and most judges would automatically rule against the association. You always have to have written documentation to substantiate what happened in the meeting.
A couple quote I have on my website http://wvnorthface.info (the second fiduciary page) from the following webiste regarding responsibility of board to follow their own association bylaws which serve as a contract between the Assoc and owners.
Exerpts from http://www.pinegrovelakes.com/board_duties2.html
"Enforcement of Governing Documents
There is perhaps no greater insurance towards the preservation of a co-op's character than strict enforcement of its governing documents, which typically include the corporation's bylaws, covenants, and restrictions, and are designed to regulate and govern the use of the property."
"When considering both the board's duty to enforce its own governing documents and the individual shareholder's duty to abide by them, it's imperative to remember that these documents are a contract governing the legal rights between the association and the owners."
I, too, live in a condo in NH.close to the seacoast. I have asked the board as well as Management Company re: meeting minutes. They will ONLY present them, irregularly, and on-line ONLY. I have mentioned to them that many people living here who are elderly do NOT have computers and thus don't rc'v minutes! Since they send out bill statements as well as like swimming pool regs enclosed, why can't they include minutes. Management company person said by law, they don't have to! Both board and Mgmt Company are real jeks about everything! Any
help would be so appreciated!
If you look at the copy of a letter on my website to our assoc owners (link to image of letter is below) you will see a direct quote from the NH Condo Act. It is near the end of the letter. Link to Image of my Website Letter to Owners with Quote on Board Meeting Minutes Requirements
Also, you can find the NH Condo Act at and search for it there: NH Condo Act Link
So it looks like they do not have to mail them. They do have to make them available so I would think that you could also have access by requesting they be made available by visiting your management company.
I am concerned my board may have destroyed their board meeting minutes documents since they will not provide access to them and will not comment on them. If so that is another violation of law, thus my next step - the N.H. Attorney General's Office.
Thank you for all of your help and INFO. Mgt Co. located in Bedford, long trip for many elderly. What I am going to do with many that I know who do not have computers is to go on-line and print them out for them.
Rick, I have also contacted the BBB by email with the numerous complaints going on..BBB has been very receptive and has contacted the Mgt. Company many times.Finally Mgt stepped up and went from an F rating to an A-rating!
I also did a bit of research on other mgt companies,one of which I presented to the Board President under the radar, one I highly recommended. He presented and invited this other company rep to speak w/ the board w/out current management there. One of the board members leaked it out to current mgmt rep and BOY..did that put a fire up current mgmt rep..he knows they could be let go at any moment!
Strategy worked, as I was hoping! HA!
Additional question, can I bring in a tape recorder to record minutes as sometimes they are remiss and will miss months at a time posting them on-line?
Many Thanks, Rick
I had previously looked for tape recording law and did not find anything. You can certainly ask to record it and see what they say.
I think you will find the answer to your question in yourr states' condominium act. In most states condo acts there is a requirement for "restricted miniutes" of a closed or executive session to be recorded. There are instructions in this document as to what has to be recorded. Such itemns as date of meeting,names of board members opresent, justification for private meeting. How each board member voted. What may be kept private are the details of the proceedings including discussions on the issue in question. These minutes are required to be attached to the next regularly scheduled board meeting. Minutes are quite important. They record what was done at each meeting and should not include "what was said. They are the permanent record of the condominiums' business, Should a legal issue arise only those items included in minutes are relevant. What an atendee at a board meeting remembers is of no consequence.