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QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

If a HOA Board conducts a meeting and there are no minutes published and/or agenda for a required second meeting, is anything voted on at the second meeting considered null and void because proper meeting protocol was not followed? Should a H0A provide any board community minutes to a member freely upon request?

Answer:

Unless the by-laws specifically provide with respect to any action to be taken by the Board that such action can only be taken upon notice and considered at a meeting called solely for such purpose, the Board may consider and take action with respect to any matter which may come before the meeting. It does not matter that there was no prior notice of such matter or that such matter was not on the agenda for such meeting.

You need to review the provisions of the by-laws with respect to books and records to determine if the Association is required to provide members with a copy of minutes of board and membership meetings. Unless the minutes contain privileged and confidential information (i.e. information concerning pending or threatened litigation, privileged information provided by counsel, information which, if disclosed, would place the Association at a competitive disadvantage, information which may subject the board to claims of defamation or other information which is sensitive and personal to the Association or its members), in an effort to achieve transparency, we counsel our clients to make available to homeowners for inspection these minutes. Any confidential information contained within such minutes may be redacted prior to inspection.

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