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RandyB4 (California)
Posts: 25
Posted:
The secretary of our board would like to look at the files our attorney has on two cases he has worked on for the association. Does she have the right to see these files from the attorney's office? The concern is the attorney took the side of one member over another only because of the directions given to him by the (then) President of our association.
BradP (Kansas)
Posts: 2,640
Posted:
Randy...i may not be tracking correctly but the HOA Board was the client, therefore the entire board should be able to review the documents.
RandyB4 (California)
Posts: 25
Posted:
Yes, maybe the files should be sent to the board?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Since your in California, the Davis-Stirling act would apply.

Per Davis-Stirling.com Even though Corp. Code ยง8334 gives directors the absolute right to inspect all records, that right has been modified by the courts to protect voting privacy and attorney-client privilege.

From what I'm reading, if the Director has a need to review the records, they are allowed. If they don't have a need but just want to see what's in them, then they might be able to be denied.

Since the Director who wants to look at the files is the Association Secretary who has the responsibility of maintaining, and is the custodian of, Association files, it leads to the question: Why don't they have those records already? Since it appears that they don't have custody of those records, it certainly seems logical that she should have access to them.

Tim

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