HOA refusing to publish Board meeting minutes / financial records

[Nufced4]

Two questions:

 

1. What is the proper way to obtain Board of Director meeting minutes?

 

In the past, I have just emailed the Secretary and she’s responded with them via email. (I live out of state from the HOA place in TN). Now the Secretary has resigned and I am being ignored by the Chairman of our HOA.  I have asked 4 times now and no answer from anyone on the board.

 

The Board of Directors have failed to provide board meeting minutes for 3 months of this year (they have posted Jan. Feb and march) But NOT april, may and june of this year. They have posted July 2016. They have refused to publish the april, may and june minutes of this year.

 

Some background: In the past I have sent certified letters to the homes of certain board members, because the post office will not allow me to send certified letters to a PO Box. (my HOA has a PO box). I want proof they received my letters so that’s why I did what I did. Those letters came back to me from the post office, unclaimed by board members. HELP! Isn't my LEGAL right to those minutes?

 

2. What is the proper way to obtain financial records of my Tennessee HOA? What’s the language I need to use. Do I need to site a TN law code or something?

 

Thank you!

[Hieu H. Huynh]

The membership could adopt a motion that the board provide its minutes and financial records.

[Richard Brown]

Per RONR, members have a right to inspect the minutes but not to demand a copy of them.  However, it is possible that your bylaws, special rules of order, other rules or state law have other provisions regarding access to minutes and receiving copies of them.

Adopting a motion or special rule of order requiring that copies of minutes actually be furnished to members is an option if the officers or board refuse to provide you with a copy.  If they are not complying with a rule regarding posting of minutes, you might consider disciplinary action and/or  removal from  office.

Edited to add:  HOA's are usually covered by special state statutes.  Those statutes often have provisions regarding access to records.  I suggest you check the applicable laws in Tennessee as well as reviewing all relevant HOA documents (bylaws, rules, etc).