Q&A: Mailing of Minutes?

Q The board was advised by one of the owners that we must mail all the minutes of each directors' meeting to all the owners. Is this correct?

—Law-Abiding Citizen

A “The bylaws of the condominium association sets forth the method for the administration and management of the condominium and its property including the procedure for conducting board of trustee meetings, which are open to attendance by all unit owners,” says Hackensack-based attorney Donald M. Onorato. “Additionally, the New Jersey Condominium Act and the New Jersey Administrative Code specifically address the issues dealing with distribution of board of trustees meeting minutes. More specifically, N.J.S.A. 46:8b-13 (A) provides that “[a]t each meeting required under this subsection to be open to all unit owners, minutes of the proceedings shall be taken, and copies of those minutes shall be made available to all unit owners before the next open meeting.”

“Likewise, N.J.A.C. 5:20-1.1 which sets forth the procedure for open board meetings provides (c) “that at each meeting required to be open to all unit owners, minutes of the proceeding shall be taken and copies of those minutes shall be made available to all unit owners before the next scheduled meeting.” The requirement to make the minutes “available” prior to the next open meeting does not mandate the association mail those minutes to the unit owners N.J.A.C. 5:20-1.2 which sets forth the notice requirement with respect to meetings required to be open to all unit owners states that “adequate notice” shall be written notice either posted prominently in at least one place on the condominium property or be accessible at all times to all unit owners, or else mailed, telephoned, telegrammed or hand-delivered to at least two newspapers that have been designated by the governing board and by the association to receive such notices or notice filed with the person responsible for administrating the business office of the association. Hence, the association is not required to mail the minutes to each unit owner but the posting of same prior to the next open meeting would constitute “adequate notice.”

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