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Minutes Are Legal Documents Too

 

I've seen a variety of minutes taken by various Boards over the years. I've seen complete conversations noted in the minutes along with full details of the names and unit numbers of those involved. Sometimes Boards even place items in there that have no bearing on the actual meeting itself (sidenote conversations, etc.)

 

Always remember that your minutes are a legal document that can be called into court on any matter. They also serve as a time line for any future or current Shareholders. They tell the story of where the building has been, where it is now and where it will be in the future with regards to repairs, increases, refinances and more. If you're on the Board and are in charge of taking minutes, I can suggest to you that you only place motions that are voted on in the minutes. These motions are critical to the operation of the building and everything else is really only fluff.

 

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Comments

Minutes - Dangerous Fluff

I couldn't agree more!

Our building has been around for many years and I have frequently had to consult some of the archived minutes in search of a particular resolution or other information. Minutes from years ago not only used to contain side conversations and other irrelevant information, they were frequently subject to editorial content by the minute writer, adding their own spin or interpretation of a discussion.


Including this kind of narrative information in minutes is not only fluff, it potentially exposes the corporation to confidentiality and subsequent liability issues. Years ago we switched our minutes to ONLY include motions because it is the only way to ensure that you are not including someone's interpretation of the events. There have been times when we have had a lengthy meeting to discuss many sensitive issues; however if there are no motions, the minutes will only reflect the meeting date, time, location and attendees.

There remain those who would like to add additional information to our minutes in order to show that a particular subject is being discussed and that the board is actively working on the issue; however unless there is a motion involved, I will continue to resist, and so should you.

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