What Should Not Be Included in HOA Meeting Minutes

The meeting erupted when John accused the board of stealing funds. Sarah called him a liar. The president threatened to sue for defamation. Twenty minutes of shouting followed before order was restored.

How much of this drama should appear in your official meeting minutes?

If you’re like many HOA secretaries, you might think capturing every word shows transparency and protects the board. In reality, over-detailed minutes create more problems than they solve – turning official records into weapons for future conflicts.

Meeting minutes serve as your association’s legal record, but they’re not meant to be courtroom transcripts or reality TV scripts. Understanding what to exclude is just as important as knowing what to include.

 

 

What Is The Purpose of Meeting Minutes?

Before diving into what doesn’t belong, let’s clarify what meeting minutes should accomplish.

Minutes create an official record of decisions made and actions taken. They’re not meant to capture every word spoken or replay the meeting’s drama. Think of them as a business document, not a narrative story.

Courts and attorneys rely on minutes to understand what the board decided and whether proper procedures were followed. Homeowners read them to stay informed about community decisions affecting their property.

Future boards need minutes to understand past decisions and their reasoning. Without proper records, institutional knowledge disappears with departing board members.

The best minutes are boring. They state facts, record decisions, and skip the personalities and politics that make meetings interesting but minutes problematic. When you don’t have to worry about style, you can focus on substance.

“I’ve seen minutes get subpoenaed years after everyone in the room forgot what the meeting was even about,” says Leslie Alvarez, CMCA, AMS, LSM, PCAM, founder and CEO of Community ACE, a Florida community association management firm. “The board that wrote them thought they were being transparent. What they actually did was hand a plaintiff’s attorney a roadmap. Boring minutes aren’t a failure of effort — they’re the whole point.”

Stay Clear of Personal Opinions and Commentary

The biggest mistake in minute-taking is recording personal opinions and subjective commentary.

“John’s ridiculous proposal” should be “Mr. Smith proposed.” “After wasting everyone’s time with pointless discussion” becomes “Following discussion.” Keep your personal views out of official records.

HOA Board member opinions during debate don’t belong in minutes unless they specifically request their position be recorded. Even then, note only the position, not the colorful language used to express it.

Avoid attributing statements to specific individuals unless legally required. “A board member noted” works better than “Bob complained bitterly.” This prevents minutes from becoming personal attack vehicles.

Editorial comments about meeting efficiency, participant behavior, or decision wisdom create unnecessary conflicts. Stay neutral and factual regardless of your personal feelings.

Detailed HOA Meeting Transcripts Can Be Helpful

Recording blow-by-blow debate accounts turns minutes into novels nobody wants to read. Think about the last time you tried to read through a long, drawn-out meeting transcript – it probably put you to sleep. 

Instead, focus on capturing key points and decisions made during the meeting. This will make the minutes more concise and easier for readers to digest.

HOA meetings are known for their length and the potential for heated discussions. However, including detailed discussion transcripts in the minutes can actually be helpful.

By documenting the different viewpoints and arguments presented during a meeting, it allows members who were not present to gain a better understanding of the issues at hand. It also serves as a reference for future meetings where decisions or actions may need to be revisited.

How Do You Handle Legal and Privileged Information in HOA Meetings?

Certain information must stay out of the minutes to protect the association legally.

Attorney-client privileged discussions never belong in open meeting minutes. Note only that the board consulted with legal counsel, not the advice received or strategies discussed.

Pending litigation details create discoverable evidence. Minutes stating “The board decided to aggressively pursue foreclosure to make an example,” hand ammunition to opposing counsel.

Executive session discussions must remain confidential. General session minutes note only that the executive session occurred and broad topics were addressed, never specific content.

Personnel matters involving employees require extreme care. Performance issues, salary negotiations, and disciplinary actions should be kept out of minutes to avoid employment law violations.

What About Individual Homeowner Information?

Here’s where things can get a bit tricky. When you are keeping HOA meeting minutes, you’ll want to avoid including sensitive information about individual homeowners. This includes personal details such as names, addresses, and financial information.

In order to protect privacy and prevent potential legal issues, it’s important to be mindful of what type of homeowner information is included in the meeting minutes. While it may be necessary to discuss general topics related to specific homeowners during a meeting, it’s crucial to avoid sharing any personal or confidential information.

One way to handle this is by using initials instead of full names when discussing individual homeowners. This will still allow for identification within the group, but keeps their identity protected from public disclosure.

Never Include Speculation and Assumptions

Minutes must stick to facts, not ventures into mind-reading or prediction.

“The board believed the contractor was lying” becomes “The board discussed contractor performance concerns.” You can’t know internal motivations, only observable actions.

Future predictions don’t belong unless part of official planning decisions. “This will probably cause problems” isn’t factual. “The board considered potential impacts” is.

Assumptions about why absent members missed meetings or how they might have voted create unnecessary issues. Stick to who attended and how present members voted – and always make sure to check and verify information before including it in the minutes.

Tips for Writing Effective HOA Meeting Minutes

Now that we’ve talked about what to include and what not to include in your HOA meeting minutes, let’s go over some tips for writing effective and accurate minutes.

1. Make Sure To Know The Type Of Meeting You’ll Record

Knowing what to include in your HOA meeting minutes depends heavily on the type of meeting you are recording. 

Is it a regular board meeting? A special meeting called by members? An annual general meeting? 

Each type of meeting may have different requirements for what should be included in the minutes. Make sure to clarify with your board or executive committee before starting to write.

2. Start With The Basics

The first items to include in your HOA meeting minutes are the basic information such as:

• Date and time of the meeting
• Location of the meeting (either physical location or virtual platform used)
• Names of attendees (board members, homeowners, guests)
• Names of absent members (if applicable)

3. Stick To Facts, Not Opinions

As mentioned in the previous point, it’s important to stick to the facts when writing meeting minutes. Avoid including personal opinions or biased statements. Stick to what was discussed and any decisions made.

4. Keep It Clear and Concise

Meeting minutes should be clear and concise, avoiding long-winded explanations or unnecessary details. Use bullet points or numbered lists to make the information easy to follow.

5. Include All Motions and Resolutions

All official motions and resolutions passed during the meeting should be included in the minutes, along with who made the motion and any discussion that took place before the vote.

6. Don’t Forget Action Items

Any action items or tasks assigned during the meeting should also be included in the minutes, along with who is responsible for completing them and the deadline for completion.

Protect Your Association with Quality Meeting Notes

Remember that minutes become permanent public records within your community. Write them assuming they’ll be read by attorneys, judges, and angry homeowners looking for problems.

When in doubt, less is more. You can always add clarification at the next meeting if minutes were too sparse. You can’t unring the bell of inappropriate disclosures.