1. Association hides records from owners

Q. The board in our homeowners association and its lawyers are denying all of us access to the association record. What are my rights and what can I do?
A. As a general rule, the accounting books and records and minutes of proceedings of the members and the board and committees of the board shall be open to inspection upon the written demand on the homeowners association by any homeowner. This member should request the inspection to take place at the homeowners association at a reasonable time and should state a purpose reasonably related to such person's interests as a member.

Once written demand is made and the homeowners association refuses to comply then the homeowner can compel the homeowners association to make these records available by a court order.

If the court finds that the failure of the homeowners association to comply with a proper demand was without justification, the court may award the homeowner reasonable costs and expenses including attorney fees in getting this court order.

2. Board holds Secret Meetings and calls them Executive Sessions

Q. Our homeowner association board holds an executive session routinely prior to every monthly meeting they have. They never disclose what they discuss.

Are they required to publish an agenda of the executive session?

What matters are they entitled to discuss in closed meetings? What if they discuss matters in secret session which they are not properly entitled to?
A. Any homeowner may attend meetings of the board of directors or the homeowners association, except when the when then the meeting involves consideration of litigation, matters relating to the formation
of contracts with third parties, discipline of a homeowner, or a matter relating to personnel of the homeowners accociation.

Any matter discussed is these special sessions shall be generally noted in minutes of the board of directors.

Disclaimers.
The author is an attorney practicing in Los Angeles, California.

The foregoing is not intended as legal advice, and has been written solely for general informational purposes. Any person intending to buy or sell real property in California or who has questions about real property he currently owns, should consult with legal counsel knowledgeable in real estate matters, and secure advice from competent real estate professions, including real estate appraisers.

The foregoing information may not be applicable to all cases, and should not be relied upon. Although the law consists of general propositions, numerous exceptions exist based on specific
fact situations.

All letters and questions received are for publication and may be edited for clarity.