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ARCHITECTURAL CONSULTANT'S RECORDS

QUESTION: A number of my associations do not have a formal architectural committee. Instead an architectural consultant reviews the plans. Since this is an individual and not a committee would there be a requirement to keep minutes like a regular committee?

ANSWER: Yes. If the consultant is making the decisions, then he/she functions as the Architectural Committees and must maintain an official record of the applications reviewed and decisions made. The "minutes" of the consultant/committee's decisions must be available for review by members. (Civ. Code §5210(b).)

You should also check the association's governing documents to make sure it can function with just one member. Some documents require the appointment of at least three members. If you can't find volunteers, you should amend your CC&Rs to allow (i) for the appoint of a committee of one or (ii) for the board to automatically function as the committee if no members are appointed.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC