HOAleader.com - Tip of the Week - January 6, 2017
Published: Fri, 01/06/17
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Here’s What Not to Include in Your HOA Meeting Minutes
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In this week’s tip, we answer a reader’s question about whether a board
stumbled when it added to meeting minutes a blow-by-blow of a dispute with an
owner, along with history on the dispute that was never discussed at the
meeting and facts also not discussed at the meeting but that rebutted the
owner’s complaints.
Our experts all agree that while this board was likely frustrated,
including this information in the minutes was a misfire on the board’s part.
“Two wrongs don’t make a right,” asserts Christopher J. Shields, a partner
at Pavese Law Firm in Ft. Myers, Fla., who's represented associations for
decades. “I know the reason they wanted to write that and basically recite
what this owner apparently said and how the owner said it. On a visceral
level, as much as I understand why the board would want to do that and give
members who aren’t there information to understand what’s happening, they
shouldn’t because they’re publishing something that might be considered
defamatory.”
That also aligns with the opinion of Susan Hawks McClintic, co-managing
shareholder and the chair of the community association transactional
practice group at the law firm of Epsten Grinnell & Howell in San Diego. “The
board blew it,” she contends. “They made a mistake doing that.”
That’s primarily because this action doesn’t help the relationship
between the parties at all. “You don’t want to get into a public debate with a
homeowner,” says McClintic. “It doesn’t make the board look good. And it
doesn’t help the situation at all.”
In addition, the board may have opened doors it didn’t intend to open. “Under
California law, if the association distributes something where they’re
debating an issue and it’s beyond being educational and goes into
advocating a position, they’ve opened the possibility that they have to
give equal access to any member who wants to advocate on that issue,”
explains McClintic. “If they send that type of information at association
expense, they now have to allow that response.”
What should go into minutes? And can this board fix this problem it created
for itself? Find out in our new article:
http://www.hoaleader.com/members/2483.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Treasurer Wants Reimbursement; Board Appears to Balk
An HOAleader.com reader writes: "As the treasurer of the HOA, I have
had to purchase ink on a monthly basis for my computer. I didn't get prior
approval for the purchase because this is a normal expense in using my
computer for HOA business. Is the board required to reimburse me for these
expenses even though the purchase wasn't preapproved by the board?"
Click here to read full article:
http://www.hoaleader.com/members/HOA-Treasurer-Wants-Reimbursement-Board-Appears-Balk.cfm
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Did This HOA Board Go Astray in Its Minutes?
An HOAleader.com reader writes, "The minutes of our previous month's
meeting were approved by our board and are now being challenged (in part) by a
chronically obstructionist homeowner. The portion of the minutes he
objects to are regarding an angry rant he made towards the board in the public
forum portion of our open board meeting.
Click here to read full article:
http://www.hoaleader.com/members/Did-This-HOA-Board-Go-Astray-in-Its-Minutes.cfm
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How'd Your HOA Do This Year? It's Worth Asking
Lots of corporations conduct year-end reviews to evaluate the performance
of the entity and those who operate it. They also do it as a way to set
priorities for the next year.
Click here to read full article:
http://www.hoaleader.com/public/Howd-Your-HOA-Do-This-Year-Its-Worth-Asking.cfm
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Should Your HOA Conduct a Year-End Review?
Lots of corporations conduct year-end reviews to evaluate the performance
of the entity and those who operate it. They also do it as a way to set
priorities for the next year.
Click here to read full article:
http://www.hoaleader.com/members/Should-Your-HOA-Conduct-YearEnd-Review.cfm
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HOA Security Cameras Tied to Owner's Server and Wifi: Nothing to Worry
About!
In this week's tip, we answer a reader's question about whether it's OK to
lean on an owner to provide HOA equipment or services. An HOAleader.com
reader writes, "We have a member in our community who feels he's saving
the community money by creating a wireless bridge for the camera system to
his house. So in essence we're using his server and his wifi to operate the
cameras.
Click here to read full article:
http://www.hoaleader.com/public/HOA-Security-Cameras-Tied-Owners-Server-Wifi-Nothing-Worry-About.cfm
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