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EXECUTIVE SESSION
MEETINGS
QUESTION:  Our board met with legal counsel in executive session to discuss proposed changes to our bylaws. There is no threatened or pending litigation. Does this comply with the Davis-Stirling Act? –Erin L.
ANSWER: The Davis-Stirling Act allows boards to meet in executive session to: (i) consider litigation, (ii) form contracts, (iii) hold disciplinary hearings, (iv) discuss personnel issues, and (v) review delinquent owner payment plans. (Civ. Code § 4935)
The list is not complete because there are other reasons to meet privately, such as approving foreclosure, reviewing disability requests, dealing with a resident with a mental illness, etc. To see a complete list, go to "Executive Session Meetings." If a board wants legal counsel about proposed bylaw changes, it would do so in executive session, which preserves attorney-client privilege.
INSPECTION OF
RECORDS
QUESTION: Civil Code § 5205 gives a member the option of receiving records electronically. Copying documents would take weeks to do, as opposed to receiving them electronically. –Trish C.
ANSWER: Documents can be transmitted electronically if they are already in that format. If they exist only as paper, an association is not obligated to convert the records to an electronic format. Fortunately, most management companies are now keeping documents electronically.
Even if an association's documents are in paper format, there is no need to make paper copies. Most high-speed copiers can scan documents into a pdf format. It saves time and paper. HOA storage rooms stacked floor to ceiling with paper documents are thankfully disappearing.
LEGAL COUNSEL
REQUIRED?
 QUESTION: Is a board required to retain legal counsel for the HOA? –Christine G.
ANSWER: There is no statutory requirement that a board retain legal counsel. However, to protect themselves from potential liability and satisfy the Business Judgment Rule, directors will need counsel when faced with legal issues. To that end, boards should have the association's governing documents on file with a law firm. It does not cost anything to do so, and it allows an attorney to review the documents when the board needs advice.
SPECIAL ASSESSMENT
INFORMATION
QUESTION: Our board is using the HOA's website to promote a special assessment. However, they blocked the response/comment box. –Joel W.
ANSWER: If the information about the special assessment is purely informational, the board is not required to provide equal access to members who want to oppose it. If, however, the board is using the website to urge members to vote for the assessment, they must provide equal access to members advocating a point of view on the issue. (Civ. Code § 5105(a).)
ELECTION PITFALLS
WEBINAR
 Laurie Poole will moderate a webinar on election pitfalls, online voting, and election issues affecting HOAs.
Speakers Kurtis Peterson of The Inspectors of Election and Jeff Price of HOA Elections will share real-world experiences and challenges from their years as inspectors of election. They will discuss what the new rules mean for community associations.
This free webinar will be held Wednesday, September 10 at 12 noon.
MATTHEW EISENDRATH
JOINS ADAMS|STIRLING
 We are pleased to announce that attorney Matthew Eisendrath joined our firm. Matthew is a graduate of the California Western School of Law. Prior to law school, he earned a Bachelor of Arts in Communication Studies from Humboldt State University, where he was a member of the college speech and debate team.
Before joining our firm, Matthew worked as a law clerk in a firm that provided counsel and advocacy in elder law. He also worked as an associate real estate agent in his family's real estate business. Matthew joins our San Diego team of lawyers. Contact us for more information.
HIRING
EXPERIENCED ATTORNEYS
 We are looking for experienced HOA attorneys for our offices in San Diego, Los Angeles, and Northern California. Learn more about us here.
If you are interested or know someone who may be a good candidate, you can contact Adrian Adams confidentially by email or by phone at (800) 464-2817.
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DISCLAIMER. Our newsletter provides commentary, not legal advice. Boards needing legal advice should have an attorney review the facts and law for their particular situation. We serve as corporate counsel to California associations.
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