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WATCHDOG COMMITTEE
 QUESTION: Can members and tenants form a committee to monitor the board for the enforcement of the governing documents?
ANSWER: Residents always have the right to assemble, to discuss issues of mutual interest, to monitor board activities, and to petition the board. However, they should be careful not to adopt a name that would mislead members into thinking the group has some sort of official position in the community. Since only the board may appoint committees, use of the word "Committee" in your name is probably not a good idea.
ARCHITECTURAL COMMITTEES
QUESTION: A number of my associations do not have a formal Architectural Committee. Instead an architectural consultant reviews the plans. Since this is an individual, and not a formal committee, would there be a requirement to keep minutes like a regular committee?
ANSWER: Yes. If the consultant is making the decisions, then he/she functions as the Architectural Committees and must maintain an official record of the applications reviewed and decisions made. The "minutes" of the consultant/committee must be available for review by members, Civil Code §1365.2(i)(2)
RULES COMMITTEE
QUESTION: Our Rules Committee was appointed by the board to hold monthly disciplinary hearings for violations of the CC&Rs. A member has requested a copy of the minutes of those meetings. The Committee minutes include lot numbers, addresses, and the action taken against each offender. Are we required to produce these?
ANSWER: No, members do not have a right to Rules Committee's minutes. Even though the Committee has decision-making authority, member disciplinary hearings fall into the executive session protections afforded by the Open Meeting Act. However, the decisions of the Committee should be generally noted in the minutes of the subsequent open meeting of the board. Civil Code §1363.05(c)
OPEN COMMITTEE MEETINGS
QUESTION: Are committee meetings open to homeowners?
ANSWER: There is no law requiring that committees hold open meetings or post agendas. The Open Meeting Act applies only to meetings of the board. Most committees are advisory and deliver their recommendations to the board of directors in open meetings where members can hear the committee's recommendations.
Exceptions. Committees with decision-making authority, such as architectural committees, should be open to the membership and should post agendas. In addition, if a majority of directors were to serve on a committee, meetings of that committee would meet the definition of a "board meeting" if the committee were to discuss any item of business scheduled to be heard by the board. Civil Code §1363.05(j) Such meetings require four-days notice to the membership and the posting of an agenda.
VOTING ON POOL SAFETY
 QUESTION: With regard to the Virginia Graeme Baker Pool and Spa Safety Act, the board is looking into getting the necessary drain systems to bring our association into compliance with the law. However, the board does not want to close the pool until the work is done because they say the risk of anything happening is so small. What can I do, as the lone board member who wants to close the pool, to protect myself?
ANSWER: Make sure your vote to close the pool is recorded in the minutes. If your fellow directors refuse to record your vote, send a letter to the board and management company making your position clear. Save a copy in your files. Your fellow directors may be correct that the risk of injury is low. If they are wrong and someone is injured, the association and all its directors will likely be sued. Your letter will be important in your defense.
Very truly yours,
Adrian Adams, Esq.
Adams Kessler PLC
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NEW WEBSITE
Congratulations on the new website. It is a tasteful, modern and easy to use. It has always reflected well on your law firm but now it is even better. I am especially glad you understand you have not outgrown the need for humor as a means of retaining sanity. -Mel S.
Congratulations on completing the most efficient website to my knowledge. I know it's been a long haul for you, gathering all the information you needed and then putting it all together in just the right way. I appreciated the chance to look over this magnificent site, and I think you have done a super job. The money was well spent. Again, my compliments on a job well done. -Tom C.
Thank you for your continued efforts on behalf of HOAs. Much appreciated. -Ed W.
Adrian, have not got past the opening page of your new site, but it sure looks nice. -Jeff B.
Amazing website. Thank you so much. -Annette K.
Awesome...I forwarded this to the board....... -Sue L.
Congratulations on the "New Website"... an enlightened move by a law firm in what I see as a highly controversial legal arena... HOA Governance! I hope to continue contributing whatever I can to help improve its content! -Samuel R.
Kudos to you and your excellent team. Your hard work is so very much appreciated. Congratulations! -Janis G.
Congratulations, Adrian!!!! I'm sure everybody will make even more use of this resource you've so graciously provided. Best wishes for continued growth and expansion! -Wendy F.
Thank you! You never let me down! -Trudy M.
Congratulations on your modernized website. -Connie G., Washington D.C.
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