. Boards must authorize the recording of a lien
by a majority vote at an open meeting and the vote must be recorded in the minutes of the meeting. (Civ. Code §5673
.) The statute does not specifically state that associations must keep owners' names confidential. However, the better practice is to keep them confidential.
. When it comes to foreclosures, the vote is taken in executive session
and then additionally recorded in the executive session summary
in the minutes of the next open meeting by the assessor's parcel number
for the property, rather than the name of the owners. (Civ. Code §5705
.) Failure to record the vote could be the basis for a legal challenge
to the foreclosure action.
Uncertain Legislative Intent
. Arguably, because the legislature protected owners' names in foreclosure but not when it came to liens, associations can publish
in their minutes and newsletters the names of owners liened by the association. The more conservative course of action is to only use assessor parcel numbers
rather than names. Boards should consult legal counsel.
: Associations needing legal assistance can contact us
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