Why Won’t Our HOA Disclose a Job Description for an Employee?

Why Won’t Our HOA Disclose a Job Description for an Employee?

Here is a note from a frustrated owner:

“Our current BOD refuses to provide us with simple info requests like “What duties do our employee janitors perform and how often.” In reading Calif Corporate Code, it seems like only financial records etc.info has to be provided to owners Is there anything that compels a BOD to provide other simple info- like what janitorial tasks are done and how often?”

Answer: California Civil Code Section 5200 including 5215(b) which applies to HOAs subject to the Davis Stirling Common Interest Development Act requires disclosure of certain information through the records inspection rights, as follows:

5200(a) Owners are entitled to inspect:

  • “Executed contracts not otherwise privileged under law.”

And

“(b) Except as provided by the attorney-client privilege, the association may not withhold or redact information concerning the compensation paid to employees, vendors, or contractors. Compensation information for individual employees shall be set forth by job classification or title, not by the employee’s name, social security number, or other personal information.”

It sure seems to me if an owner requests the information under 5200 it would also be fair to ask what the employee’s job description is. But that does not mean either the board or management is compelled to give any information other than required by statute. Sometimes boards clam up for no reason, but sometimes it is related to owners attempting to interact with employees or complaining. I do not know what the impetus here is if the board is refusing to answer the question as to what Janitors are supposed to do. I have not heard the Board’s side.

 

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