Chapters of the article
Minutes of the meeting of the unit owners’ association (SVJ)
The statutory body, which is the chairman of the HOA or the committee, must always draw up the minutes of the meeting of the HOA within thirty days of the end of the meeting.
Theminutes must include who convened the meeting and in what manner, when it was held, who opened it, who chaired it, which other officials the members elected (for example, recorders and verifiers of the minutes), what resolutions were adopted and when the minutes were drawn up.
The minutes should contain information at the beginning about the quorum, i.e. whether a sufficient number of members attended the meeting to be able to hold the meeting at all and decide anything, for example to change the house rules. If not, an alternative meeting would have to be called.
Furthermore, the minutes should copy the agenda of the invitation with its individual items and the results of the vote of the assembly, i.e. how many members were in favour, against and abstained. The minutes should also include an attendance list, i.e. a list of the names and signatures of those members who were present at the meeting. This is particularly important to prove the quorum of a particular meeting at a later date. This is because the validity of the resolution resulting from the meeting could be challenged in court.
If the meeting was held in violation of the law, the statutes or even good morals, the court will rule that the resolution is invalid. The minutes are not an act which is binding on the members, but are merely informative and controlling. The assembly or the general meeting of the BD decides only by resolution.
Statutes for HOA or housing cooperatives
We will review your HOA or housing cooperative bylaws or we will write them up for you from scratch. We will always ensure that they comply with current legislation. Our bylaws are always tailored to the needs of the residents of the building. We can also set up your HOA or housing association on a turnkey basis. We will arrange everything quickly, flawlessly and at pre-determined prices. You can pay only after the service has been provided.
Minutes of the cooperative meeting (BD)
In the case of cooperatives, whether housing or building, similar rules apply. Minutes must always be drawn up of the proceedings of all bodies, i.e. not only of the members’ meeting, but also of the board of directors, the control committee or other bodies, if any, established by the statutes.
Inspection of the minutes
Every member of a unit owners’ association has the right to inspect the minutes under the conditions laid down in the statutes, otherwise they may always be inspected at the registered office of the association. This right cannot be excluded, nor can it be restricted in such a way as to effectively prevent a member from consulting the minutes, for example if it is only possible to consult them once a month and only at short notice when most people are at work.
Failure to produce minutes
If the statutory body does not take minutes of the meeting at all, this does not mean that the resolutions passed are invalid. in the case of disputes between owners or members, or disputes between the HOA/BD and third parties, it may be problematic to prove what was actually decided or discussed at the meeting.
Theoretically, the members of the condominium or HOA could petition the court to temporarily enjoin them from acting on the resolution until they are or can become familiar with the minutes, or to impose an obligation to produce the minutes. However, in practice, it is usually more effective to communicate with the SVJ bodies (e.g. the chairman or the committee) in the first instance and request the minutes of the meeting. This may be an oversight or misunderstanding that can be resolved by direct communication.
If there is an ongoing problem with non-compliance with the obligations of the JVU or BD bodies, it is appropriate to consider electing new bodies in accordance with the statutes.
Structure of the minutes
Formalities of the minutes of the JVU/BD meeting:
Name of the JVU/BD
Address of the house or cooperative headquarters
Date and time of the meeting
Place of the meeting
List of owners or co-op members present, including the number of shares or votes owned.
List of owners or members excused.
Attendance of the chairman, secretary and other office-bearers of the HOA/Condo, if any.
Agenda: List of items that have been placed on the agenda of the meeting.
Proceedings of the meeting:
Record of important discussions and observations relating to each agenda item.
Exact wording of motions and decisions tabled.
Results of voting on each item (how many in favour, how many against, how many abstentions).
Any other relevant information or events.
Conclusion of the meeting:
Time of closure of the meeting.
Any information on the date and place of the next meeting.