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RULES COMMITTEE MINUTES

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: Members do not have a right to Rules Committee minutes regarding disciplinary hearings. Associations may withhold or redact information if the records contain records of disciplinary actions, collection activities, or payment plans of members other than the member requesting the records. (Civ. Code §5215.)

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. (Civ. Code §4935(e).)

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Adams Stirling PLC