Meeting notices, minutes are too hard to come by

Question: My homeowners association posts meeting notices in various and arbitrary locations. Does posting a meeting notice somewhere in the community meet civil code requirements, or must the notice actually be sent to each homeowner? Also, I requested meeting minutes and was told I’d have to pay $5 for copying and mailing costs. Is this legal, or must the board provide minutes by mail or e-mail free of charge?

Answer: References to notice and meeting requirements appear in various sections of the Davis-Stirling Act. Notice for association meetings must follow the law and the association’s covenants, conditions and restrictions.

Notices should be posted in a “prominent place” or places within the common area and by mail to any titleholder who requested notification of board meetings be sent to them by mail. Notice may also be given by mail or delivery to each unit in the development or by newsletter or similar means of communication. Also of note, under Civil Code Section 1363.05, every notice must contain an agenda for the meeting.

Every titleholder must receive notice. For the association to deliver a document by “e-mail, facsimile or other electronic means,” the recipient must agree to that method of delivery. This and other approved methods of document delivery under the Davis-Stirling Act can be found under Civil Code Section 1350.7.

Civil Code Section 1365.2 makes it clear that minutes of member and association board meetings must be permanently made available. If a committee has decision-making authority, minutes of the committee meetings also must be permanently made available.

Under Civil Code Section 1363.05(d), other than an executive session, the minutes, including those marked “draft” or “summary,” of any association board of directors meeting must be available to titleholders within 30 days of the meeting.

Although those items are available to titleholders, it is only upon request that the minutes, whether draft or summary, “shall be distributed” to any titleholder.

Not all associations ask for reimbursement of copy costs. Under Civil Code Section 1365.2, you should be able to view the minutes without charge. Any matter discussed in executive session should be generally noted in the minutes of the next open meeting.

If the association fails to provide the minutes or other requested documents in a timely manner, and you have tried direct and repeated requests but not been unable to resolve the issue, you might consider filing an action in Small Claims Court. Titleholders can bring an action to enforce their right to inspect and copy the association records, and this includes meeting minutes. Civil Code Section 1365.2(f) states that “if a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney’s fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request.”

Should you decide to go this route, be certain to keep copies of all your written demands for books, records and minutes, including written responses to your demands. These documents may be vital to your case.

Owners in disagreement with their association’s delivery methods or actions in general need to speak up and make their dissatisfaction known. A Small Claims action may prod the board into complying with laws meant to protect titleholders.

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Send questions to P.O. Box 11843, Marina del Rey, CA 90295, or e-mail noexit@mindspring.com.