It is common practice for board packets to be distributed to directors before their meetings. They are normally prepared by management and contain the agenda, backup materials for agenda items, draft minutes of prior meetings that need approval, a monthly financial report (including delinquencies), member correspondence, etc.
Inspection During Meetings. Members who attend board meetings sometimes request a copy of the board packet so they can follow along during the meeting. The Open Meeting Act gives owners the right to attend open meetings and a copy of the meeting agenda, but not a copy of the board packets. A board packet is not a record, nor is it subject to inspection under the Davis-Stirling Act. Instead, it is a collection of documents that frequently contain confidential material, such as delinquencies, member correspondence, etc.
Inspection After Meetings. Records in board packets, subject to member inspection, can be requested after the meeting. See "Records Subject to Inspection."
Disposing of Board Packets. Many associations keep at least one packet in their records. The documents (as with all association documents) should be shredded when board packets are disposed of. If they are thrown into the trash unshredded, the association risks identity theft, invasion of member privacy, and loss of attorney-client privilege.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.