Keeping Meeting Minutes at Condo or HOA Board Meetings
Productive board meetings—where important homeowner matters are discussed and decisions are made—contribute to the success of a condo or homeowners association (HOA). Keeping records with meeting minutes at condo or HOA board meetings is an important step for your community.
Since HOA board
meetings result in significant decisions that impact community members, it is
necessary to record decisions in official board meeting minutes, which serve as
both a historical record and provide pertinent information to the HOA
community.
Investing the
time to record accurate and detailed board meeting minutes can reduce potential
litigation risks for HOA board members, as minutes could be used as evidence in
the event of a legal claim.
What are Board Meeting Minutes?
Board meeting
minutes are a written record of the official actions taken by the HOA directors
and officers during scheduled meetings. The minutes document the topics
discussed and record the decisions voted on during meetings. The minutes can
also contribute to the efficiency of future board meetings by serving as a reminder
of what was previously discussed to avoid rehashing old business.
There are two main purposes of board meeting minutes:
The minutes inform
members of decisions made that impact their living community. All HOA members
have the right to access non-confidential meeting minutes.
Meeting minutes
could serve as evidence in the case of a lawsuit. In the event that someone,
such as a member, sues the HOA, the minutes are proof of decisions that were
made.
For officers and
directors on the HOA board, meeting minutes are valuable evidence that the
board made decisions in good faith and fulfilled its fiduciary duties to the
association. On the other hand, the minutes can also serve as evidence that a
director did not fulfill his or her fiduciary duties.
What Should the Board Meeting Minutes Include?
Board meeting
minutes should be easy to read and include only essential information. Most
importantly, members should be able to understand what board actions were taken
and approved.
While board
meeting minutes can be handwritten during the meeting, the final version should
be transcribed into a typed format. At a minimum, the minutes should include
the following:
Name of the HOA
Date, time and
location of the meeting
Names of directors
and officers present at the meeting, and the names of those not present
Names of guests in
attendance, including those invited to speak at the meeting
Whether or not a
quorum was present
All board actions
The signature of the
board secretary or another official designated to sign HOA documents
Supporting
documentation (attached to the minutes), as applicable
It is the board
secretary’s responsibility to record and certify the minutes, unless another
person is designated. Keep in mind that all of the board directors and officers
may be held liable if the minutes are falsified or embellished.
After the
meeting, the minutes should be made available to all HOA members. Some HOAs
choose to mail or email the minutes to members after the meeting.
A printed copy
of the meeting minutes should be kept in the HOA’s “board minutes book,” and an
electronic copy should be also be stored.
What Should the Meeting Minutes NOT Include?
The minutes
should include substantial details on the board’s actions; however, minutes
with too much detail could be evidence for unwanted lawsuits, such as
defamation claims. Minutes do not need to be a transcript of all interactions.
Avoid recording the following information:
Names of HOA members
present at the meeting
All the
conversations and discussions that took place during the meeting
Owner comments
during the meeting
Confidential or
sensitive information
HOA boards should discuss confidential or sensitive information in a separate meeting. Minutes that contain sensitive information should be kept in a different file from the regular meeting minutes book. Members should not be able to access confidential minutes.
General Recordkeeping Tips
Meeting minutes
are a valuable communication tool and may be used as evidence during a lawsuit.
Board meeting minutes—and all HOA communications—should meet the following
requirements:
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The insurance risks and liabilities associated with owning vacant real estate can be extensive, and to ensure you are adequately protected, it is important to know these risks. In addition to purchasing comprehensive insurance coverage, there are numerous preventive strategies for maintaining vacant properties to reduce risk and liability.
Potential Risks of Vacant Real Estate
There are a host of risks and concerns associated with owning vacant real estate. Vacant buildings are an obvious target for theft, trespassing and vandalism. For example, the rising cost of copper has given rise to an increase in the theft of copper pipes from vacant properties. In addition to any loss or property damage that may occur, keep in mind that the owner of a property can be held liable for criminal activities or accidents that take place on the premises.
In addition,
vacant properties are susceptible to undetected damages, such as fire, water
damage, electrical explosions, wind or hail damage, and mold. A study by the U.S.
Fire Administration shows that approximately 30,000 fires occur every year in
vacant buildings, costing $900 million annually in direct property damage. Many
of these incidents occur in vacant buildings due to small, undetected
maintenance issues; someone in an occupied building would have recognized and
handled the problem before it caused a larger loss.
In certain
facilities, there may also be environmental hazards that the owner needs to
consider. Facilities that are used to store chemicals or other pollutants
should ensure that such materials are removed or securely stored—the owner may
be held liable for any hazardous materials that contaminate groundwater or
other nearby natural resources. Also, underground fuel tanks present serious
challenges and thus should be frequently and carefully inspected by
professionals.
Other Ways to Mitigate Risk for Vacant Real Estate
In addition to
extending coverage, there are some simple steps that owners of vacant property
can take to limit their risk and liability.
Prevent vandalism: Notify local
authorities of vacated properties so they can watch for criminal behavior.
Maintain an “occupied” appearance to the property—mow the lawn, have mail
forwarded or picked up regularly and install light timers and/or a security
system.
Limit liability: Make sure the property
is free from significant hazards (e.g., broken railings or steps, broken
windows) that could cause injuries to anyone on the property—this could include
police officers, maintenance workers, firefighters or even trespassers.
Avoid damage: Performing regular
maintenance on the property can decrease the odds of sustaining damage. Make
sure the heating system and chimney are cleaned and inspected regularly. Have
the plumbing system winterized to prevent frozen pipes. Periodically inspect
roof, insulation, attic, basement, gutters and other areas of the property for
any necessary repairs, mold, damage or other problems. Consider installing
smoke detectors that are tied to a centrally monitored fire alarm system so the
fire department will be notified in the case of an alarm. Remove all access
material and combustibles from in and around the building.
Insuring Residential Properties
Most insurance
companies include a clause that the homeowner’s insurance will expire if a home
is left vacant for more than 30 or 60 days. This leaves the property owner
financially vulnerable for all previously noted risk. However, many insurance
companies do offer vacant property insurance, also known as vacant building
insurance or vacant dwelling insurance.
Unoccupied Commercial Building Insurance
Vacant commercial buildings are more difficult to insure because they present greater risks, including in It is important to disclose all relevant facts when seeking insurance, including the reason for the property’s vacancy and a schedule of any work to be done on the property.
Because of the
increased risks and liability associated with a vacant property, these types of
insurance tend to be costly—ranging from one and a half to five times the cost
of a property insurance policy. It is important to look beyond the price and
consider the suitability and comprehensiveness of the coverage being purchased.
For more information about vacant property insurance and other strategies to help protect your assets and mitigate loss, contact us today at 209-634-2929.
California’s Leader in Insurance and Risk Management
As one of the fastest growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more.
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business. Contact us today 1-209-634-2929 for your comprehensive habitational insurance quote!
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