Should Boards Send Out the Minutes?

Some members want to review HOA or Condo meeting minutes and some don’t care at all. Here is a question sent by a reader:
 
“For the past 20 years homeowners would receive the monthly meeting minutes from the monthly HOA meeting…….we have  been told that the minutes do not have to be distributed……..please help…………what is the actual status of meeting minutes……”
 
For 20 years, your board did something it wasn’t required by law to do. The law does not require HOA and Condo boards to distribute minutes but it does require boards to notify owners at least annually that they can ask for copies of minutes and how to go about it. And the minutes, if requested by an owner, need to be provided within 30 days, even if they are still in draft status and not approved (in which case the marking of “Draft” should be clear”.
 
The California law, found in Civil Code Section 1363.05, says:
 
“(d) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes of any meeting of the board of directors of an association, other than an executive session, shall be available to members within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any member of the association upon request and upon reimbursement of the association’s costs for making that distribution.” 

 

Note that executive session minutes are not included. They are confidential and should not be distributed to anyone other than the board, and management for the association records of course.

Find explanations like this and the same for other laws in THE DAVIS STIRLING ACT IN PLAIN ENGLISH available in the webstore at www.californiacondoguru.com.

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