Is Your HOA Fulfilling Its Responsibilities Re Minutes of Meetings?

State laws and the governing documents for all homeowners associations require the preparation and proper maintenance of minutes of all member meetings of the association’s board of directors and members. Maintaining proper minutes is critical to the operations of a homeowners association because the minutes constitute the official record of all proceedings that were conducted by the association. Notwithstanding the laws and the requirements contained in governing documents, it is commonplace for homeowners associations to not appreciate the importance of maintaining proper minutes and to allow important events to go undocumented and/or prepare incomplete minutes that lack necessary content to evidence such things as the existence of a required quorum, or the granting of authority to someone to act on behalf of the association, or the approval of a contract. Unfortunately, all too often, it is through subsequent costly litigation over issues that were not properly documented in minutes that the association learns the hard way about the importance of the minutes.