Non-Privileged Reports

QUESTION: Following the removal of 60 trees from the common areas a committee was formed to select an arborist who then reviewed our development's trees and submitted a report. None of the homeowners who served on the committee have seen the report; only the board has access to it. Can homeowners inspect the arborist's report?

ANSWER: In my opinion, homeowners can review and copy the report. Even though such reports are not specifically mentioned by the various statutes governing the inspection of records, the report is a record of the association and is not subject to the privacy concerns raised by Civil Code §1365.2(d). If the board rather than legal counsel contracted with the arborist, the report does not have attorney work-product protection. Even if the board included a confidentiality provision in the contract, members' inspection rights cannot be limited by contract. Corp. Code §8313. The issue of tree removal is of interest to the community and there is no reason to withhold the information. Even though the membership has an interest in the trees, the board retains the authority to make decisions about maintenance of the common areas, including the pruning and removal of trees.

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