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).)
ASSISTANCE: Associations needing legal assistance can
contact us.
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