Legal Question in Real Estate Law in California
My California homeowner's association Architectural Committee holds meetings at which it sometimes issues notices of violations of the rules and regulations. Their minutes are not made accessible to the members. The President of the Board signs the notices and they go out. No details of the notices are brought up in Board meetings or mentioned in Board minutes.
I think they are violating Civil Code �1363.05, the Open Meeting Act. I think to be valid the notices must appear in the Board minutes. Or members must be allowed to attend committee meetings. It's all done in secret and that seems to violate the Civil Code, which lays out the specific cases they can keep secret.
Am I wrong?
1 Answer from Attorneys
You are correct about Civil Code �1363. Refer to section H:
(h) Whenever two or more associations have consolidated any of
their functions under a joint neighborhood association or similar
organization, members of each participating association shall be (1)
entitled to attend all meetings of the joint association other than
executive sessions, (2) given reasonable opportunity for
participation in those meetings, and (3) entitled to the same access
to the joint association's records as they are to the participating
association's records.
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