HOAleader.com - Tip of the Week - October 26, 2012
Published: Fri, 10/26/12
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Do Your HOA Committees Keep Records? Should They?
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In this week's tip, we discuss whether your HOA's
committees should keep records. They should, of course.
It's the "how" they do it that's up to you.
Our experts say there are two methods for committees
when it comes to reporting their activities, and
either is acceptable. "The board has a fiduciary
responsibility to keep the records of the association,"
says Brad van Rooyen, a partner at Home Encounter,
a Tampa, Fla., company that manages 15 community
associations totaling about 3,000 owners. "Committees
should be expected to keep the same kinds of records
the HOA keeps. They're essentially the records of the
HOA, and they should be handled in the same way any
other documents are handled."
On the other hand, in Nevada, committees typically
don't produce minutes. "A committee isn't actually
making the decisions," says Steven Parker, president
of RMI Management in Las Vegas, which manages 286
community associations. "It's almost always suggesting
to the board that the board take a particular action,
and the opportunity for public comment would take place
during the regular board meeting. All of that would be
reflected in the board's minutes. Unless the board was
meeting in executive session, those minutes of what
transpired at the meeting would be available to home
owners. In fact, in Nevada, the board would need to
produce not only minutes but an audio recording of the
board meeting."
Robert Galvin, a partner at Davis, Malm & D'Agostine
PC in Boston who specializes in representing condos
and co-ops, says both should produce minutes, but all
these options are acceptable. "The committee as well
as the board should produce minutes," he says.
"But generally speaking, committees keep sparser records
than boards, and that's really OK-but there have to
be some records. The committee may submit a written
report to the board that simply says something as brief as,
'We met on a particular date and decided to take out
petunias but to plant impatiens.' That then would be
carried over to the board's minutes."
The key is to ensure that some minutes somewhere record
official board actions. Ah, but there's always an exception
to the rule, isn't there? Learn it-and find out six questions
to ask yourself in setting an HOA records policy-in our
new article, Are You Keeping Proper Committee
and HOA Board Records?
http://www.hoaleader.com/members/775.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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3 Tips for Successful Proxy Procedures for HOA Boards
In this month's related article, Is There a Limit to the Number of Proxies HOA
Owners Can Gather?[add link], Raymond Daniel Burke, a principal at Ober
Kaler, a law firm in Baltimore, who represents an average of 20 community
associations, says "Proxies should be used according to a procedure
established for the association."
Click here to read full article:
http://www.hoaleader.com/members/3-Tips-for-Successful-Proxy-Procedures-for-HOA-Boards.cfm
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Is There a Limit to the Number of Proxies HOA Owners Can Gather?
In the July 2012 HOAleader.com article "HOA Elections: How to Identify HOA
Proxy Fraud or Abuse," James R. McCormick Jr., a partner at Peters & Freedman
LLP in Encinitas, Calif., who represents associations, said, "There's
nothing preventing any of the owners from soliciting proxies from anyone.
And the reader asking these questions can solicit his own proxies, too."
Click here to read full article:
http://www.hoaleader.com/members/Is-There-a-Limit-to-the-Number-of-Proxies-HOA-Owners-Can-Gather.cfm
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When HOA Board Members Skip Meetings
It's hard enough to get owners to agree to serve as board members. Once you've
cleared that hurdle, you shouldn't have to be a babysitter to ensure they
actually attend meetings. In this week's tip, we offer suggestions to an
HOAleader.com reader who can't get one of his fellow board members to darken
the door of his HOA's meeting room.
Click here to read full article:
http://www.hoaleader.com/public/When-HOA-Board-Members-Skip-Meetings.cfm
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How to Handle an AWOL HOA Board Member
Having a hard time attracting not just owners to your meetings but HOA board
members? The dilemma happens more than you might think. Here our experts
will weigh in on the basic question of how to address a persistently AWOL
member of your condominium or homeowner association board of directors.
They also address the challenge of a board president who seems to be happy
hoarding power through a proxy.
Click here to read full article:
http://www.hoaleader.com/members/How-to-Handle-an-AWOL-HOA-Board-Member.cfm
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How Far Does an HOA President's Power Extend? Discussion Forum Follow-Up
Can a president sign a landscape contract without the board's approval? And
did the president of this reader's HOA have a conflict of interest here? Our
experts provide answers.
Click here to read full article:
http://www.hoaleader.com/members/How-Far-Does-an-HOA-Presidents-Power-Extend.cfm
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