109. My HOA says because we are not covered by WV §36B we don’t have to keep minutes, is that true?

WV requires non profit corporations to be in compliance with §31E WEST VIRGINIA NONPROFIT CORPORATION ACT, therefore:

  • §31E-15-1501. Corporate records.
    (a) A corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of all actions taken by the members or board of directors without a meeting, and a record of all actions taken by a committee of the board of directors in place of the board of directors on behalf of the corporation.

WV requires business corporations to be in compliance with §31D WEST VIRGINIA BUSINESS CORPORATION ACT, therefore:

  • §31D-16-1601. Corporate records.
    (a) A corporation shall keep as permanent records minutes of all meetings of its shareholders and board of directors, a record of all actions taken by the shareholders or board of directors without a meeting and a record of all actions taken by a committee of the board of directors in place of the board of directors on behalf of the corporation.