Missing Minutes
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MISSING MINUTES

QUESTION: If minutes from a meeting are never written, is that interpreted as the meeting never having taken place and thus all decisions made during that meeting are null and void? Also, what if minutes are never written until 65 days after the meeting and they are done by the president (who was conducting the meeting and thus not really able to take accurate notes)?

ANSWER: The meeting still occurred even if there is no written record of it. Written minutes are important because they serve as prima facie evidence of what occurred at the meeting. (Corp. Code §7215.) Without a written record, what took place can still be determined through testimony. The problem is that memories fade and disagreements may occur over what was approved and not approved.

Minutes Are Required. Boards are required by statute to keep minutes of their meetings. (Corp. Code §8320.) In addition, draft minutes must be made available for member review within 30 calendar days of the meeting. (Civ. Code §4950.)

RECOMMENDATION: If boards must create minutes from memory at a later date, they should do so. Once approved by the board, they become the agreed-upon record of the meeting, even if they are not entirely accurate. See "Approving Old Minutes." Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.