INSPECTION OF DIRECTOR
E-MAIL COMMUNICATIONS

E-mail communications between directors are not part of the books and records of the association. The kinds of records subject to inspection are broad but not universal. The Davis-Stirling Act does not define e-mails or letters between directors as part of the association's books and records. An exception would be unanimous written consent done by e-mail. Such consents must be made part of the minutes of a subsequent meeting.

Litigation Discovery. Even though e-mail communications are not part of the association's books and records, they are still subject to discovery in litigation, unless unless they communications were with an attorney, in which case they are protected by attorney-client privilege. Deliberating by email also creates the potential for burdensome discovery in the event of litigation (another reason to keep it to a minimum).

Updated by ADAMS KESSLER 8/7/2008