Condo Media - January 2019 - 42

Meeting Minute Basics
Making the Most out of Your Minutes
[by Jennifer L. Barnett, Esq.]

The requirements for the transcription and dissemination of meeting
minutes vary across jurisdictions.
For example, in many states, including
Massachusetts and Rhode Island,
the transcription of meeting minutes
is not statutorily required. However,
in Connecticut, associations are
required to keep minutes of all unit
owner and executive board meetings,
but not meetings held in executive
session. Further, in New Hampshire,
legislation has recently gone into effect
that not only requires that meeting
minutes be taken, but such legislation
also requires that meeting minutes are
to be made available via electronic or
paper copy for at least three years following such meeting.
Moreover, an association's governing
documents may set forth specific requirements for the taking and keeping
of meeting minutes. Therefore, board
members should carefully review their
association's governing documents
regarding the transcription and dissemination of meeting minutes, even

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CONDOMEDIA January 2019

in those states without a statutory
mandate for the same.
MEETING MINUTE PITFALLS
While meeting minutes are helpful
in memorializing association business that transpires over the course
of a meeting, and keeping both board
members and the association at large
informed about issues affecting the
community, meeting minutes may also
expose an association to potential liability, because once transcribed, meeting minutes automatically form part
of the association's books and records,
which must be made available to owners upon request.
To that end, if the meeting minutes
reflect that a board was aware of common area defects and/or deficiencies,
and a loss or injury later results from
such defects and/or deficiencies, the
meeting minutes could later be used
as evidence of negligence in an action
against the board for failing to reasonably act to repair or address said common area issues. Moreover, meeting

minutes could also be used to defeat
an association's potential claims, particularly when meeting minutes reflect
that a board was aware of (or should
have been aware of ) a potential claim,
and failed to act within the applicable
statute of limitations. In such a case,
the association's claims may be defeated
on that basis alone. Further, meeting
minutes could also be a source of controversy if false or negative statements
referencing specific people or persons
are contained therein.
PROTOCOL AND DETAILS
If a board does keep meeting minutes
(either as a matter of choice, or because
they are required to do so by statute or
pursuant to their association's governing documents), there should be a clear
protocol for the taking and maintenance of the same. If the association
has delegated positions, i.e., president,
treasurer, secretary, etc., it would be
the role of the secretary to transcribe
and maintain the meeting minutes.
If there is no such designation, then
Condo Media - January 2019

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