Approval of Minutes
Is there a law that says the HOA board must review and/or approve the minutes of the prior open board meeting at the next open board meeting? Or can they hold the last meeting minutes as “un-approved” indefinitely?
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Ray,
While the Planned Community or Condominium Act does not address the approval of board meeting minutes, the Non-Profit Corporation Act establishes that all board meeting minutes are a permanent record of the association. Meeting minutes are not a record until they are approved. This then requires that boards approve the minutes at the earliest opportunity, which in many cases is the next meeting of the board or body. Failure to do so would violate the requirement to maintain the record of board meeting actions. The specific statute is ARS 10-11601.
Dennis
Dennis, thank you for your comments. Our out of control HOA board has not approved the last 3 meeting minutes. The Sept 15, 2023 Annual Election meeting draft minutes contained 3 significant errors which I pointed out to property manager. I also offered them the recording of the meeting to get it right, which they declined. They next held a secret meeting in Feb. 2024 which they did not notify the community. When I found out about the meeting I demanded the minutes and it turns out there are two different versions. They did not approve the previous meeting minutes at that meeting. Then at the 4/19/24 meeting they walked out after I asked about the errors in the minutes and the fact that I was legally audio recording the meeting. Now the annual Sept meeting is being delayed until middle of Nov.
Keep up the pressure to comply with the law. Just be careful not to be doing this alone. If you see this then help other see it as well and together the more of you that can band together to demand that the board comply with the open meeting law the least likely that you individually will be singled out for retaliation and intimidation.
Dennis