Executive session topics must be generally noted in minutes of next open meeting

Are titleholders entitled to see and obtain copies of the minutes of our association board’s executive meetings? Are titleholders entitled to know which units our association has placed liens on because of nonpayment of dues?

First it’s important to note that “executive meetings” do not exist within California common interest development law and should not be confused with “executive sessions” as described under the Common Interest Development Open Meetings Act (Civil Code Section 1363.05).

The Davis-Stirling Act defines “executive sessions” as a portion of the board of directors meeting when the board members meet in private to consider only a few matters as specified in Civil Code Section 1363.05(b). They may discuss litigation, matters relating to the formation of contracts with third parties, member discipline or personnel matters, or may meet with a member, upon the member’s request, regarding the member’s payment of assessments. A titleholder who is subject to a fine, penalty or other form of discipline can also request to meet with the board in executive session.

Boards that conduct any other association business in executive session are breaking the law.

A homeowner association board must convene a regular meeting before it can adjourn to an executive “session,” as noted in Civil Code Section 1363.05(b). Once that executive session has concluded, the board must return to the regular meeting, either to adjourn the meeting or to finish conducting board business.

To answer your first question, any matter the board discusses in an executive session shall, according to Civil Code Section 1363.05(c), be generally noted in the minutes of the next meeting that is open to the entire membership. Although the contents of the session are confidential, the topic of the session — for example, personnel matters relating to the property manager — is not confidential and must be noted in the minutes.

As for the second question, as a part of the treasurer’s report, your board should indicate how many titleholders are delinquent in their dues without revealing their names or unit numbers. It also should indicate whether liens have been placed on units, because such liens are arguably related to the association’s operations and finances.

Liens are a matter of public record. As such, they are available at the county recorder’s office for anyone to view, copy and circulate.

Send questions to P.O. Box 10490, Marina del Rey, CA 90295 or e-mail [email protected].