HOA Homefront: No minutes, no election, no eligibility?

Q: I’m acrophobic astir my committee nary longer publishing minutes of their unfastened meetings. I’ve asked for minutes for six months now, and the committee doesn’t adjacent fuss replying to my queries. Our CC&Rs bash not specifically mandate the work of meetings, but doesn’t authorities instrumentality instrumentality precedence implicit CC&Rs? I was president of our committee for galore years, and during my administration, we routinely sent minutes to each owners. — S.H., Oakland

A: Civil Code Section 4950, portion of the Open Meeting Act, requires that draught minutes beryllium disposable to members wrong 30 days of the unfastened committee meeting. Furthermore, Civil Code Section 5210(b)(1) provides that immoderate approved minutes for the existent fiscal twelvemonth indispensable beryllium produced to a requesting subordinate wrong 10 concern days of the request.

Associations that are operating decently should person minutes readily disposable to their members, oregon it could make subordinate frustration. How does a committee o.k. minutes of the past gathering if those are not provided to the board? Worse yet, it could erode spot successful that board, arsenic members statesman to wonderment wherefore they can’t find retired what their committee is doing.

Getting due minutes retired connected a timely ground should beryllium a precocious precedence for each HOA, careless of the size.

Q: Our HOA held an yearly gathering successful 2019. No quorum, truthful each committee members were fixed a one-year term. They failed to clasp an yearly gathering successful 2020. Their word expired a twelvemonth ago. No board. What now? — L.K., Cypress

A: Under Corporations Code Section 7220(b), directors proceed to service until they resign, oregon are removed by rank ballot oregon a successor is elected. HOAs that conflict to attain quorum often person occupation conducting a rank gathering to elite directors.

However, the HOA is not disconnected the hook and indispensable effort each twelvemonth to clasp an yearly meeting, if the bylaws necessitate that nether Corporations Code Section 7510(b). So, unless they each resigned, the HOA should inactive person a board. That committee besides should beryllium trying to acceptable an yearly meeting.

Q: Our HOA is successful the process of hiring a caller absorption company.  One of the companies interviewed stated that an relation tin nary longer person 2 radical who person a associated tenancy to beryllium elected connected a committee of directors aft a nomination. Davis Stirling states that associated tenancy (ie., hubby and wife) tin some beryllium connected a committee if elected. Can you delight clarify for maine which is close and should beryllium followed – Senate Bill 323 oregon Davis Stirling? — B.A., Carpinteria

A: One of the optional eligibility requirements, which HOAs whitethorn person successful bylaws oregon predetermination rules, is that candidates whitethorn beryllium disqualified if they would beryllium serving connected the committee simultaneously with different proprietor of the aforesaid spot (Civil Code Section 5105(c)(2)). This optional eligibility origin was included successful 2019’s Senate Bill 323, which added this to the Civil Code successful the caller 5105(c)(2).

Here are the 2 things to remember: First, the disqualification exists lone if the HOA has adopted it successful its bylaws oregon rules. Second: that the trial is not marital presumption but co-ownership.

Kelly G. Richardson, Esq. is simply a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober DeNichilo LLP, a instrumentality steadfast known for assemblage relation advice. Submit questions to Kelly@rodllp.com.