Access to HOA Committee Minutes? Do You Have It?

Are HOA members entitled to review and copy any HOA committee meeting minutes?

Owners are entitled to see many of the HOA’s records and the parameters are found in Civil Code Section 1365.2 (5200 after 1/1/14 since the Davis Stirling Act is being relocated). Here is the question I received that triggered this blog:

“I’m a condo owner within a single home community.  I found out by chance that our separate cost center fee (reserve) is under budget for the replacement of condo roofs.  I requested with a letter to the board secretary to review and have copies made of Financial Committee Minutes from 2006 to 2013, my request was refused by the General Manager, stating that I cannot review or have copies made of Financial Committee Minutes, is this correct?  My understanding is that all records are available except for few that are mentioned in Stirling Davis Act.”

The law specifies what owners can see; it’s not open ended. Here is what California law says about what minutes members can inspect and copy:

“Minutes of member and board meetings shall be permanently made available. If a committee has decision making authority, minutes of the meetings of that committee shall be made available commencing January 1, 2007, and shall thereafter be permanently made available.”

Thus you have the right to inspect and/or ask for copies of minutes of committees that have decision making authority or are comprised of a majority of directors. Your rights go back to 2007.

 

If a board refuses, it subjects the association to a possible $500 fine. The law provides for it.

 

 

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2 Responses to Access to HOA Committee Minutes? Do You Have It?
  1. stephen schaaf
    October 15, 2013 | 11:08 pm

    My family rents in a H O A that does not allow tenants to use the
    common areas. This is a deeded right recorded at the county office.
    The owner of the property has approached the HOA about assigning
    his rights to us during the lease agreement. The HOA denied him this
    right and said renters do not belong in our common areas. This goes
    against the recorded HOA documents that were recorded in 2004. The
    HOA board said they made a decision and sent a mailing to all addresses
    within the community affected. I have spoken to several neighbors and
    they said there were no mailings sent to them. The problem as I see it is
    volume control. The HOA did not have enough space to accommodate all
    homes within the development. Can the HOA legally call the shots without
    changing the governing CCRS?

    • Beth Grimm
      October 26, 2013 | 5:19 am

      I can’t really say for sure without reviewing the documents or knowing the law in a jurisdiction if it is other than California. However, I would say that it could be a problem to enforce if it is not in an amendment to the recorded restrictions which would require approval by members or in the original covenants which existed when people bought in. It seems a bit over the top to me – but then, some associations have a real problem with landlord owners choosing very bad tenants. It certainly does not seem like a way to build community.