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  1. #1
    Join Date
    Jul 2013
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    18

    Default Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    My question involves a condominium located in the State of: California
    (1) Is HOA Board of Directors required to give me minutes of the meetings on request?
    (2) Is HOA Board of Directors required to give minutes to every owner automatically?
    What should one do, if the Board does not do (1) and (2)?
    any ideas?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    Frankly, you should keep all this stuff in the same thread rather than spreading it all over the place. It causes duplications of effort on the people trying to help you and it causes pertinent information to get lost unless someone hunts all over the place for every single post you make.


    According to the Civil Code § 1363.05 the board meetings (with the exception of certain allowed confidential situations) are required to be open.
    Any member may attend. Any member must be provided with minutes when they are requested.
    No they are not required to send out minutes that were not specifically requested.

    If they won't obey the law, I would send each board member a copy of the above part of the code and inform them they are acting illegally.
    If they won't comply and the HOA has regular legal counsel, I'd make the request to the lawyer.

    If that doesn't work you can either take them to court (see Cc 1363.09) , or you can bring the matter up to the membership at large for action.

  3. #3
    Join Date
    Jul 2013
    Posts
    18

    Default Re: Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    Thank you flyingron for trying to help. Here is an update. It took some effort, but I found the name of the Chair of the Board in some old document and I know he is still on the Board. Once I knew the name, I did lot of work on the web and found his address in the complex. There is no office per se, but there is a maintenance office, and the maintenance manager refused to give me the names of Board memebers (twice) this week. About 1 hour ago, I mailed a certified letter with return confirmation requested with restricted delivery (meaning only he must sign) to the Chair of the Board in which I requested the minutes and the fininacial reports. I was advised to give them 15 days to give me the information and requested that they send it by email. I read in Davis-Stirling paper that I can request the information in electronic form. I will keep you posted as situation develops. Thank you again for your information.

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    The HOA has a mailing address, where do you send your dues? What is officially registered with the state? While badgering an individual board member may work, you should also make your request ON PAPER to the official corporate addresses.

  5. #5
    Join Date
    Jul 2013
    Posts
    18

    Default Re: Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    Hmmm..... I guess you need more details. I wanted to make this question simple but this demands more information. The mailing address of dues is where the Maintenance manager and I guess HOA dues collector (the same one person) sits. This is the manager whom I asked for records of the meetings verbally and by fax (yes they do not have email) and this is California year 2013. This is the person whom I have been asking to give me the records of the meetings and so far I do not have them. It is my understanding that he is an employee of the HOA Board. It is my understanding that the Board can delegate responsibility to their employees, but ultimately in front of the law, they are responsible for everything that happens. So pictorially [ board -----> manager]. In industry, if the employee does not do their job, you go and talk to the manager. Trying to get the meeting records for 2 years from the manager about 10 requests many verbally because as I said they do not use email or website. The manager uses fax, but you have to call him to ask him to turn it on. So it is incorrect to characterize my repeated requests (only because the first and second were not met) as "badgering". You can trust me that I would not make “repeated” requests if I got the info after the first request. ........ Anybody has any other ideas? I might add that the Manager refused to give me the names of the Board. That brings me to this picture. [ ??? ----> manager]. And the Manager is not doing his job. So let me ask you again, how would you achieve the goal of receiving the information that is specified in Davis-Stirling.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    What makes you think the manager is required to give you the names of the board members?

    Again, the HOA must have a legitimate address. If it is not in your paperwork you have, contact the state/county for assistance. It has to be recorded. Again, you can jump up and down all you want, but shouting at HUMANS will not get you what you want. You must make your request to the ASSOCIATION (which is not a board member or the maintenance company or person).

    They are not required to give you information about the board members. If you wanted to know that you should have attended the annual meeting where they were certainly elected. You can request the minutes of that from the association.
    You have the right to attend board meetings. Make the request as to their time and to the association.
    You have the right to request the board meeting minutes. Make the request to the association.

    We're coming back to the same thing. You're going to have to do some research to find out what the official corporate location is to make your requests. If you were to sue them, you'd need to do the same. If you can not figure out how to do this, any lawyer worth his salt can figure it out for you in under a day.

  7. #7
    Join Date
    Jul 2013
    Posts
    18

    Default Re: Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    Thanks again for your analysis, I do appreciate. Okay, I found the mailing address of the HOA now. I am learning something new every day. The maintenance manager office is the mailing address of the HOA. Pause.... I have asked this manager verbally (that maybe was a mistake) for 2 years for the minutes. Now (a) either he is supposed to give me the minutes or (b) he needs to pass the request to as you say ASSOCIATION. I do not have the minutes now after asking 2 years so we can conclude (a) and (b) did not happen.


    I want to understand what is it you are saying. Are you really saying that I should write my letter to the association and not to any person. In other words are you saying I should do:


    • HOA address here on the envelope.
    • Dear HOA,
    • I have asked the maintenance manager V^%$# for the minutes of Board Meetings for about two years and he refuses to give them to me.
    • I hereby am asking you to give me the minutes of all Board Meetings from July 2011 until most recent meeting.
    • I hereby am asking you to give me the Financial statements from July 2011 until most recent meeting.
    • I request the information to be sent to me using email according to the option specified in Davis-Stirling.
    • Please email me the information by August 1, 2013.
    • -respectfully
    • -me
    • Attachment:
    • Parts of relevant Davis-Stirling



    Now to make sure I have a record***, of me sending the letter, I want to send it certified with return requested. That means the manager will receive this letter and he will open this letter and --- that is the big question what he will do. I will bet you $20 to your $2 that he will not give me the information. So we will be talking again soon when I will tell you that I got nothing.


    Any suggestions?

  8. #8
    Join Date
    Sep 2010
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    19,901

    Default Re: Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    Again, the manager is NOT the HOA even if he lives in the office.
    Send it in writing. The written request must be read by someone actually empowered to act for the HOA which may not be the manager.

    I'd avoid putting any profanity in your letter.

  9. #9
    Join Date
    Sep 2005
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    98,846

    Default Re: Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    Your right to obtain and inspect records is governed by the Corporations Code, Sec. 8330 et seq. See also California Civil Code Sec. 1363.

  10. #10
    Join Date
    Jul 2013
    Posts
    18

    Default Re: Is HOA Board Required to Give Me Minutes of Their Meetings on Request

    Hello everyone. Here is my update and some relevant background. I found out that the Chair of my Board is guy who is real-estate investor. He is buying properties between San Francisco to Eureka, CA. I went to county recorder and his bought and sold several in one county and several in another. My is a small complex, and I am pretty sure he does not own anything now (at least not under his name) athough I saw that he did own about 10 years ago one unit in my complex. (Can you see conflict of interest?) Since the maintenance manager refuses to give me the Chair's address, I sent certified letter which also requires his signature to the HOA Office (same one where I send my dues). Guess what the Chair refused to pick up the letter and post office is sending it back to me. Pretty clever now. Any suggestions? According to the Corporate laws of HOA, the Chair is required to give me the list and addresses of voting members of the HOA. But if he does not pick the letters, he can always say, I never got any request from this owner. We do not know when/if the Board has meetings. We do not know how to communicate with them although possibly once a year they will invite us to annual meeting and we do not know when that will be. Can you see the catch 22. He effectively cut off the owners from the Board.

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