Page 5 - New England Condominium June 2022

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -JUNE 2022 5 Disclaimer: Th e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specifi c circumstances. Always seek the advice of competent legal counsel or other qualifi ed profes- sionals with any questions you may have regard- ing technical or legal issues. QUESTIONS & ANSWERS Legal Q A& O FFICE OCATIONS N L I B OSTON A ND N ORTH A NDOVER Whose Business Is It? Q Many owners in our HOA have questions about what happens at the monthly board meetings. Our board refuses to release any meeting minutes to the owners. Also, the board has told me that they do not record in the min- utes who voted for what. Can they do that? -Shut Out A “Apart from the pre- and post-meeting banter about what each other did for fun the prior weekend, by and large, asso- ciation business happens at board meet- ings,” says Frank A. Lombardi, partner in Lombardi Law Group in Lincoln, Rhode Island. “Since unit owners comprise an association, with certain exceptions, unit owners are entitled to know the business of association management and opera- tions. “One important exception would be discussions at the meeting with the as- sociation’s attorney concerning, for ex- ample, an existing lawsuit or potential can and should take minutes, and again, lawsuit—the reason being that such infor- mation is often privileged and divulging it session, the minutes should be released to may prejudice the association’s chances of the unit owners. In Rhode Island, minutes winning the lawsuit. Another exception are association records and a board’s re- might be the discussion of hiring or fir- ing a manager or staff person, again, the request could subject it to fines and pen- divulgence of which might breach that in- dividual’s rights of privacy, exposing the board and association to liability under a board can refuse to identify who voted state and federal laws. “Of course, the board should protect tive session, the note taker should record itself from being forced to disclose such who voted for and against an issue. Al- sensitive information by recording in the though it may cause board members some minutes that those discussions occurred grief from unit owners from a public rela- during executive session. The person tions standpoint, this is association busi- responsible for taking minutes should ness, and as such, votes should be trans- record the beginning and ending time parent to maintain the vote and the voter’s of the session. That person should keep integrity. Besides, should it ever come a a separate log of those executive session time when a vote is challenged, then of minutes. “While on the subject of minutes spe- cifically, the next question raised is: Can a to authenticating the actual vote.” board refuse to release any minutes to the owners? That is unfortunate, as the board except for those taken during executive fusal to provide them to unit owners upon alties under the RI Condominium Act. “The last question concerned whether on certain issues. Again, unless in execu- course, knowing and recording who voted for or against a measure, would be critical n Can’t fi nd infor- mation you need about a building’s fi nanc- es? Our attorney advisors have the answers to all of your legal questions. Write to New England Condominium and we’ll pub- lish your question, along with a response from one of our attor- ney advisors. Questions may be edited for taste, length and clar- ity. Send your questions to: Patgale@yrinc.com Q&A