Question:
Need help with HOA matter as a board member to know some clarification on the matter where this difficult homeowner who appeared in multiple violations hearing acted very disrespectful and dismissive to all the matters is now requesting for the notes taken by the board for their records to provide that to him. Is board liable to share their notes, isn’t it homeowners’ duty to taken his own notes? Also, he asked before the meeting to record which board did not give permission to record the meeting.
Additionally, this particular homeowner has a history of breaking rules and regulation, disrespecting board and has intimating nature all the time and all the time board tried their best to maintain harmony and stay calm to stay cordial with this particular person.
– Aparna
Answer:
Hi Aparna,
According to the Davis-Stirling Common Interest Development Act Section 5205(a): “The association shall make available association records for the time periods and within the timeframes provided in Section 5210 for inspection and copying by a member of the association, or the member’s designated representative.”
However, Section 5200 outlines what is considered part of the “association records.” It includes minutes of board meetings (except executive sessions), member meetings, and committee meetings. It’s best to consult a lawyer to determine whether or not hearing notes or minutes are considered part of “association records.”
If a member is being disruptive, it may be best to speak with that person to resolve the issue. The association may also adopt certain rules of conduct for association meetings and hearings. The association may impose penalties, eject disruptive members from meetings, or broadcast the meetings to the membership. However, it’s important to check the governing documents to verify whether these are allowed. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
