There is nothing in the law requiring that owners comments be included in the minutes. Most associations do not include them so as to avoid potential defamation issues. Under Robert's Rules of Parliamentary Procedure, minutes:
“should contain mainly a record of what was done at the meeting, not what was said by the members.” (Robert’s Rules, 11th ed., p. 468.)
Open Forum. If boards want to include open forum comments by members, the minutes should generally state matters such as: "During open forum, one owner made suggestions about the landscaping around the pool, another owner asked the board to purchase new furniture for the lobby, and two owners complained about a loud party on Saturday night." If an owner expresses his opinion that the maintenance man should be fired, this comment should not be included in the minutes--they might state that "one owner expressed an opinion about personnel matters."
Board Responses. The minutes can also reflect responses by the board such as, the board asked the first owner to join the landscaping committee, the board declined to purchase new furniture since the furniture is only a year old, the board said it would contact the owner who had the party, and the board would review personnel issues.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.