Legal Question in Real Estate Law in California

I am reposting this question. I got an answer referring me to 1363(h) about joint meetings. This has nothing to do with joint meetings.

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?


Asked on 12/23/12, 7:25 am

1 Answer from Attorneys

Yes. The Open Meeting Act specifically exempts discipline of owner/members from the open meeting requirement. Architectural violations are member discipline.

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Answered on 12/23/12, 10:52 am


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