I'm a Professional Registered Parliamentarian: Ask me anything!
Here to help you with all your Robert's Rules needs! (https://lastminutemeetings.net/about)
Our board is very informal at keeping minutes. What sorts of things from Robert's Rules should go in the minutes? Like if one board member points out something in the bylaws that goes against what other board members are trying to do? How do we use Robert's Rules to help make sure something like that (or the effort to oppose it) is properly reflected in the minutes? Thanks.
Not the OP, but my board recently went through some issues with minutes. The short answer, the minutes should only contain the final decisions of the board. An internal debate like you describe should not be in the minutes.
Take a look at these articles provided by our attorney when we asked a similar question:
http://www.campbellpropertymanagement.com/blog/2020/01/16/meeting-minutes-guidelines-for-hoas-and-condos/ https://kbrlegal.com/minutes-of-association-meetings-what-they-should-and-should-not-be/ https://thehill.com/blogs/blog-briefing-room/news/561044-most-of-surfside-condo-board-quit-in-2019-amid-sluggish/ https://www.sandsanderson.com/news/2019/07/31/minimize-the-legal-risks-of-association-meeting-minutes/
The main thing that needs to go into your minutes are the actions that are taken at the meeting. Barring any sort of statutory requirement, discussion details should not be in the minutes. If you vote to close the pool, you're putting that in the minutes. If you vote to approve some contracts, you're putting that in the minutes. Et cetera.
Under Robert's Rules of Order, if someone believes a provision in the Bylaws is not being followed, they are raising a "Point of Order." Robert's Rules of Order states that "all points of order and appeals, whether sustained or lost, together with the reasons given by the chair for his or her ruling" should be included in the minutes (section 48:4).
For example, let's suppose you're voting on whether to assess $100 per unit, but someone argues that you can only do it on a basis proportionate to your unit size.
Mr. A raised a point of order against the motion on the grounds that the bylaws require special assessments to be proportionate with unit size. The President ruled the point of order not well taken because, after consulting with legal counsel, the phrase "special assessments can raised across the board" means that the Board can do a flat fee or a proportionate basis, so long as it is equally applied to everyone.
All votes should be by a "resoulution" document. It is that greatest abuse by HOA boards and managers. Usually there is no documentation to back up a motion that makes a new rule. Also, so many motions are made that should be amendments to the Governing Documnets, but are overlooked in board ignorance. Corporate Resolutions should be the norm, as with any business.
This is interesting. We have only made three Rules. Our manager at the time set them up as resolutions and we have them on a separate paper and each has a unique number. I don't know what the difference between a rule and a regulation but it's nice that we can just provide the separate paper to new owners (hopefully in the docs they can review before bidding) instead of some vague motion in the minutes.
I have a feeling that you are right about the second half of what you wrote. Fortunately, our association doesn't have anything that would be in a gray area of bylaws vs rules/regulations.
HOA Board member here. We had a potentially contentious annual meeting a couple of years ago with some owners making exaggerated claims. We hired a parliamentarian and it was money very well spent.
Even totally honest and well-intended boards will sometimes run afoul of Robert's Rules and having a recognized impartial arbiter on hand to sort things out really helped keep matters civil.
About Community
Members
Online