Making HOA Minutes Available

 

Here is an easy question I received (yes, there are a few!):

“We meet once a month,  That means that our members can only find out what is going on a month after the fact.  We have a website and one thing members would like to have is the minutes from the last meeting.”

Easy. California law says:

4950. MINUTES AND NOTICE OF AVAILABILITY

(a) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any board meeting, 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 upon request and upon reimbursement of the association’s costs for making that distribution. (My emphasis)

(b) The annual policy statement, prepared pursuant to Section 5310, shall inform the members of their right to obtain copies of board meeting minutes and of how and where to do so.

And here is the comment appearing in THE DAVIS STIRLING ACT IN PLAIN ENGLISH (the book available at www.californiacondoguru.com in the webstore.  (Only $95 for the PDF version)

Comment: Some associations distribute and/or post minutes of board meetings regularly, either draft, final or both. Others do not. All must make the minutes available to the members for inspection and/or copying, and must tell the members at least once a year how to get them. These requirements apply only to minutes of open board meetings and emergency board meetings, but not to executive sessions – those minutes are confidential and not subject to inspection by owners.

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And my final answer – the board should get the “draft” minutes together and posted within 30 days (MARKED AS DRAFT STATUS). Then, at the next board meeting they can be approved and the minutes posted on the website can be change to FINAL-APPROVED.

 

 

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