Does the Board have to attach an Owner’s letter to the meeting minutes?

By November 4, 2019 November 7th, 2019 Condo & HOA Law

Q: At our last Board meeting, an owner insisted that we include her letter in the minutes of the meeting. Do we have to attach this letter to the minutes?

H.G., Stuart

 

A: No, you are not required to attach this letter to the minutes. When the association possesses a written document relative to the operation of the association, that document becomes part of the official records and should be maintained by the association as an official record.

The minutes should reflect official business at the Board meeting, including attendance, votes and abstentions, but the minutes should not act as a vehicle to carry owner grievances. This is especially true if the owner’s written statement includes inaccuracies or opinions which are not appropriate for the Board’s exercise of business judgment.

In this situation, I generally recommend the Board acknowledge receipt of the letter and instruct management to maintain the letter as part of the official records, but not include the letter as an attachment to the official minutes of the Board meeting.

 

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Steven J. Adamczyk Esq., is a shareholder of the law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  To ask Mr. Adamczyk questions about your issues for future columns, send your inquiry to: guestion@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create amailto:info@gadclaw.comn attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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