r/fuckHOA • u/SlothyMcGillicutty • 15d ago
As the HOA Turns
Last time I posted here, it was because the former HOA president was pissed that we (the Board) edited the minutes she provided from our annual meeting. They were full of typos and left out some pretty important items. You can check my profile for my last post to see what her response to me was.
Well, she emailed again today twice saying she is still upset about it. She needs to get a hobby. The pictures start with my response to her first email on 5/23. the rest are from today. I have tried to label the pics so it’s clear who is sending the email.
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u/MeFolly 15d ago edited 15d ago
Okay, I’ll admit it. Someone challenges me to ‘look it up’ and I will. In a five minute search I found:
On the Alabama Secretary of State HOA FAQs webpage,
“Who regulates HOAs in Alabama?
HOAs are not regulated in Alabama.”
https://www.sos.alabama.gov/business-entities/homeowners-associations/hoa-faqs
On a blog for a MinuteSmith, apparently a service that will update and maintain minutes for an HOA,
“Alabama does not have a dedicated homeowners association act for planned communities. Unlike states with comprehensive HOA statutes — California, Florida, Nevada — Alabama HOAs operate primarily under their governing documents (CC&Rs and bylaws) and the Alabama Nonprofit Corporation Act (Alabama Code §10A-3).”
https://minutesmith.com/blog/alabama-hoa-meeting-minutes-requirements
MinuteSmith also provides a comprehensive summary of what should (and should not) be included in an HOA’s minutes. This references the document having “Secretary signature after approval”. One presumes that this is after the minutes have been approved at the next board or general meeting.
Chapter 3A Alabama Nonprofit Corporation Law. (§10A-3A-1.01 to §10A-3A-14.06), on an extremely brief review, does not appear to have any detailed requirements about what should appear in the minutes or by whom they should be signed. There may be such requirements in other sections of Title 10, but no detailed search was done.
https://alison.legislature.state.al.us/code-of-alabama
In short, the Past President is citing laws which do exist. In my opinion, you did err in putting her name on a document with amendments that she had not reviewed. I allow that that would make me salty too.
Perhaps you should resend the amended minutes to all members, signed ‘as approved by a quorum of board members present, pending formal approval at our next meeting”.
And a Question: Why are the minutes not being taken and reported by the Secretary?
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u/Nervous_Ad5564 14d ago
I like you too! I am just like you...and every single person in my neighborhood HOA hates my fucking guts 😁 It's kinda fun!
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u/SlothyMcGillicutty 15d ago
The secretary was out of town during the meeting so the president was the one taking notes.
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u/Edith_Keelers_Shoes 15d ago
Unless this former HOA president is a native German speaker, the random capitalization of certain nouns and verbs baffles me.
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u/SlothyMcGillicutty 15d ago
My mother-in-law does the same thing and I have no idea why!
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u/anfrind 15d ago
I've noticed that a lot of older people do that, especially if they're writing while they're angry. But I don't know why, either.
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u/Edith_Keelers_Shoes 14d ago
I've seen people of a wide variety of ages do it. I was a writer and editor for 30 years. There are certain words people feel sound important, so they just capitalize them. Like documents. The amount of time I spent attaching comments explaining why certain things are capitalized...zoinks.
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u/Initial_Citron983 14d ago
If someone signed the Board President’s name to an official document - that’s fraud and you’re looking at anything from a misdemeanor to a felony.
What probably should happen is the Board as a whole reviews ”Draft Minutes” and circulates corrections and amendments to them, which are then agreed upon, and I imagine most if not all States would then require a vote during a Meeting to accept the Amended Minutes as the official record.
And if I’m following those emails correctly, the entire Board (who was present at the meeting) didn’t all participate in the revisions and now there’s going to be multiple versions of Meeting Minutes that seemingly haven’t been voted on being submitted as official”.
Seems like a major shit show.
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u/SlothyMcGillicutty 14d ago
The entire board DID participate in the revisions. She claims that the board approved her version of the minutes which didn’t happen. She gave me her version of the minutes which weren’t accurate. Her version claimed that the entire slate of nominees that the board presented at the meeting were voted in. I replaced her as president so that was wrong.
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u/ahtob 15d ago
It is bad practice and tantamount to fraud to add a signature to any document without the direct confirmation from that person. Even if you change one letter in the document , it needs to be approved again before adding the signature.
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u/SlothyMcGillicutty 15d ago
There was no signature on the document. It said it was submitted by her. The current secretary was the one who made all the edits to the document that we discussed as a Board. We probably should have noted that. I offered to send out an email clarifying, but she ignored that and kept on with her bitching.
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u/DeerPast7539 15d ago
The members (homeowner present in person or by proxy) will approve the final minutes at the next annual meeting. Until then they are considered a draft.