Homeowner associations: Minutes of meetings must be available

Question: I requested copies of association board meeting minutes from 2007 and the association’s attorney wrote me that because the management company started working for us in October 2007, minutes before then are not available. Despite the change in management, isn’t the board supposed to have these?

Answer: Civil Code Section 1365.2(h)(i)(2) provides that “minutes of member and board meetings shall be permanently made available.” Effective Jan. 1, 2007, the association must also keep the minutes of any committee with decision-making authority.

There is no valid excuse for not providing the records you requested. You can take the association to Small Claims Court for an order to produce the records and claim $500 for failure to comply.

Description of exec meeting is required

Question: I made a request to view association documents and the board went on overkill, sending it to its attorney, who wrote, “Pursuant to Civil Code Section 1365.2 (a) (1) (H) Executive Sessions Minutes are privileged and not available for inspection or copying.” Is this correct?

Answer: Minutes of executive committee meetings are confidential and may not be disclosed. But the minutes of the next regular board meeting must, as noted in Civil Code Section 1363(c), include a generally noted description of that executive session. For example, if the board met in executive session to discuss litigation against the association, the minutes of the meeting immediately following could say simply that.

Send questions to P.O. Box 10490, Marina del Rey, CA 90295 or email noexit@mindspring.com.