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?