Tag Archives: kept

NY: In the Case of a Terrier, ‘No Pets Allowed’ Is Overruled

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

Charlie the teacup Yorkshire terrier can stay. So says an appellate court in the case of a woman who kept a three-and-a-half-pound dog in her condominium in Middle Village, Queens, in open defiance of the condo board’s House Rule No. 1,
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Record Keeping 101

    Most community associations in South Carolina are incorportated, therefore they are governed by the South Carolina Nonprofit Corporation Act . Pursuant to the Act, there are certain requirements that community associations must follow in terms of record keeping. The Act also provides members the opportunity to inspect and copy certain documents within the statutory guidelines. The issue of member inspection will be addressed in a subsequent article.

Meeting Minutes– It is necessary to keep permanent records of all meetings of corporation members and board of directors, a record of all actions taken by the members or directors without a meeting, and a record of all actions taken by committees of the board of directors. The Act does not specify the amount of detail required for these documents.

Accounting Records– The Act provides that corporations must maintain “appropriate accounting records.” Appropriateness depends on the size, nature, and other characteristics of the corporation. Accounting records do not have to be kept permanently, so it is up to the corporation to establish a document retention policy. Community association accounting records will typically include checkbooks, canceled checks, and receipts.

Membership Lists– A corporation must maintain a record of its current members in a form that can easily be put into alphabetical order and shows the number of votes each member is entitled to cast.

Form of Records– Records must be kept in either written form or a form that can be converted into written form in a reasonable amount of time.

Location of Records– A corporation is required to keep the following records at its principal office (or the home of an officer or director):

  • Articles of Incorporation

  • Bylaws

  • Resolutions adopted by the board of directors

  • Minutes of all meetings of members and records of all actions approved by the members for the last 3 years

  • All
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