The recording of minutes is an issue that often causes confusion. How much, how little and how long? Should each and every word be reflected in this document? Should a homeowner tirade at a board meeting be included? What if someone requests that their statement be placed in the minutes "for the record"?

The purpose of minutes is to objectively record business that takes place at homeowner, board and committee meetings. Brevity should be the rule. At a minimum, the minutes should include:

1. Type of meeting (member/board/committee)
2. Place where meeting held and time started
3. Persons present
4. Reports given (financial, landscape)
5. Motions, who moved, who seconded and if carried
6. Description of tabled items
7. Time meeting adjourned.

If a homeowner forum is included as part of the board meeting, each speaker and their subject matter should be noted in the minutes. Entering "statements" into the record is not appropriate.

A board members' request that their vote be reflected in the minutes ("yes", "no" or "abstain"), usually as a result of a highly controversial motion or a conflict of interest, is appropriate because of personal liability.

To protect the board members and association from libel, the minutes should not include the names of members who violate the rules or are delinquent in assessments. Only the subject matter or dollar amount should be referenced. If disciplinary action is being taken for a rule violation, the minutes may reflect the address and the general nature of the violation and the action taken: "Management was directed to start parking violation proceedings at 123 Easy Street."

The board may hold a private "executive session" to discuss threatened or pending litigation matters, personnel matters (hiring/firing), formation of contracts, member discipline, and other similarly sensitive topics. For liability reasons, the minutes should only reflect the general nature of the discussion. For example: "The board held an executive session to discuss a pending foreclosure action. The board approved proceeding as recommended by the attorney."

If a letter from an attorney is discussed, the minutes should not repeat the advice in the letter as such falls within the attorney-client privilege. The minutes may note, for example, "After reviewing correspondence from legal counsel, the board moved and seconded to direct AAA Plumbing to repair the pipe in the wall between Unit 19 and 20." Discussions with attorneys present at the meeting are privileged and the specifics should not be discussed in the minutes.

Association minutes should not be used to air grievances, opinions or other speculative statements regarding association matters. Stick to the facts of the business discussed.

In summary, minutes should be a concise, objective summary of the business that was conducted, and free of privileged matters. When writing them, remember that they will likely be read by people that were not present at the meeting so while they need to be concise, they also need to have enough information so they are clear. Mind your minutes well. They are an historical record that should reflect serious and thoughtful purpose.

For more information on this subject, see www.Regenesis.net.

Published: September 1, 1999

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Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .