Minutes for Board Meetings

  Minutes

Significance of Board Meeting Minutes

Incorporated associations are required to keep a record of their proceedings and that record is typically the minutes of board meetings. Yet the law doesn’t specify exactly what minutes should include (or omit). Clear minutes serve many purposes; they can eliminate disputes, provide clarity and greatly reduce expenses if facts stated in the minutes can challenged long after the minutes were adopted.

Agenda

“Back in the day”, there was no requirement that a board adopt or post an agenda for meetings. Any item introduced for action could be acted on even if notice had not been given the members. This changed with the Open Meeting Act. It requires an association to post or distribute agendas

Meeting Notice 4920 i

No nothing can be done outside of an Open Meeting

Previously, decisions by association boards could be made by email by “unanimous written consent” thus eliminating the need for an in-person board meeting. The concept was, if directors all agree on an action, there is no need to wait for a formal meeting for its implantation. The legislature changed that in the Common Interest Development Open Meeting Act. Except for emergencies, the Act prohibits the use of unanimous written consent (including email) and opts instead for more transparency so that association members can see and hear the board’s discussions on action items, even where the directors do not disagree.

§4930 Agenda or can’t discuss

Do Condo Members in California have the right to tape record the Meetings?

Maybe – Davis Stirling.com  Site

Yes – L.A. Times Article

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Damon v. Ocean Hills Journalism Club  

I would assert that if one has the right to record Governmental Meetings… Then HOA’s count too.

1st Amendment Coalition Brown Act Primer

Video Conference

 

Florida Law — Unit owners have the right to tape record or videotape board meetings. 

However, a condominium board may pass certain restrictions pertaining to the manner in which it can be done.

If adopted in advance by the condominium board as a written rule, the following restrictions can apply:

1), Anyone videotaping or tape recording a meeting cannot walk around during the meeting;

2), a unit owner must give notice if they intend to videotape or tape record a meeting; and

3), require that unit owners who are taping the meeting to set up the equipment before the meeting starts.

Further, by Rule 61B-23.002(8)(a), Florida Administrative Code, condominium unit owners may only use audio and video equipment that does not produce distracting sound or lighting. Condominium: Section 718,113(2)(c), F.S., and Rule 61B-23.002(8), F.A.C. Cooperative: Section 719.106(1)(c), F.S.   State of Florida

Board Member Introductory Material

Basic Training for Board Members

Basic Training for HOA Board Members

 

Guide for Serving on a Condo or HOA Board

 

A basic guide to board, annual and general meetings. How to run an effective meeting and keep it short.

How to Set New Board Members Up for Success

How to Keep HOA Meetings Fair & Friendly

Robert DeNichilo, Esq  on Now I'm on the Board - What did I get myself into?

ECHO - Beginners Guide to HOA Board of Directors Duties & Responsibilities

Check our our collection of video's

Guide to taping phone calls and in person conversations

Guide to taping phone calls and in person conversation

Term Life Quotes

Set up a phone, skype or face to face consultation 

Tools to help you figure out how much you should get

Life Insurance Buyers Guide

CA Department of Insurance

NAIC Buyers Guide

NAIC Life Insurance Buyers Guide

Video on how much coverage for death protection you need

 

 

 

 

3 comments on “Minutes

  1. When I served on the Board I made it a point to become familiar with Davis-Stirling requirements and feel confident that business discussions are to take place in an open meeting.

    Our new board held a special meeting to “discuss re-vote on paint schemes voted upon by members” ….. there was no discussion; a motion was made, seconded and unanimously passed to “undo” the previous vote of the members and conduct a new vote.

    Is this permissible?

    • No.

      Civil Code 4910 The board shall not take action on any item of business outside of a board meeting

      What do you mean by Special Meeting?

      Do you mean Executive Session? A “secret meeting” where the members where not allowed to attend the meeting? Nor were the members able to be heard during public comment or open forum?

      Civil Code 4935 Board’s can only meet in executive session for very limited reasons. IMHO voting on painting schemes would not be one of them. You might have some “know it all” say that painting is formation of contracts. I don’t know why boards want to keep everything secret. Whose money and property is it?

      Civil Code 4920 (b) (2) requires executive session to be noticed and (d) requires an agenda

      Civil Code 4925 (c) allows any member the right to speak at a meeting.

      Where the members notified of this meeting? Civil Code 4920.

      • Click here to view video excerpt from Barber Shop 2 on the right to be heard, before a governing body makes a decision to spend YOUR $$$.

        Excerpts from Plot Summary:

        Meanwhile, the barbershop and other businesses like it are under threat from gentrification, and Calvin is offered a substantial bribe from Brown and Leroux in exchange for his support of the city council’s gentrification legislation.

        Calvin decides to refuse the bribe money and speak out against the neighborhood’s gentrification at the local city council meeting. Though the gentrification project is approved, the community remains loyal to Calvin’s barbershop.

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