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Agendas and Minutes
February 17, 2009 • By Kelly G. Richardson
Kelly,
Thank you for your articles on HOA's in the newspaper. My question - I would like to receive from the Board the meeting agendas, and after the meetings the minutes and how each board member voted. Is this something they should be required to report to us?
S.C., San Juan Capistrano
The law, called the “Common Interest Development Open Meeting Act”, requires the posting of board agendas at least four days prior to a non-emergency meeting, and that minutes if not approved, then at least the draft) of the board meeting be made available within thirty days of the meeting. This statute is found at Civil Code Section 1363.05. The law does not require that minutes are automatically mailed to all members, but only that they are “made available” and sent to any member upon the member’s request and at the member’s cost.
Unless a particular motion is voted upon by roll call vote, the minutes would not record how each director voted.
To find out what is on the agenda, find out where it is normally posted. Larger associations may find that posting at one or two bulletin boards may not serve the community well. Posting on the association’s web site may help more effectively communicate to the community. . . and larger associations should consider having a web site.
Thanks, Kelly
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