Past Directors

A couple of the past directors on our board have been sent letter from the association's attorneys to not talk about anything from any past discussions in Executive Session. They have not and have no intention of doing so. Executive Sessions are not all about violations by homeowners, some issues are just to vote whether or not to spend money on a service, I believe these issues and the outcome are available to any member who asks to see where the money is being spent. Why would a board ask for these letters be sent? These people have been working with a group of people who are trying to save our community garden going against the current board. Which law states past directors can't discuss anything even a vote of spending money on a service? Thanks

Thanks Richard, do you know which section of the Davis-Stirling Act (CCC)applies here? Thanks

Thanks CarolR11, very helpful. I have read so much Davis-Stirling Act in the last few months I am practically blind! I can usually depend on the intelligent people on here to send me to the right section or to explain the section to me. This is a rogue board and they have had several Executive Sessions - usually held on Sunday afternoons - they never read the minutes or discuss with the members what may have been decided in those meetings. The managament company stonewalls any member who requests the information. Many of the members have requested access to our financials or minutes and been ignored. We are in the midst of another recall as this board president has told many members that she and the board can do whatever they choose and we have no say in the matters. At the last meeting the Code of Conduct was violated many times by the President by personal attacks and stating confidential information about one of our members and a past board member. The association allowed this person to be on the board for three years even though they knew she was not on title and she told them as much. I know this to be a fact as one of the current board members was on the board with this person and the current board member told me the other person was not on title. I said to her that it didn't matter in California as it is community property state. It did however matter in allowing her to serve on the board and they knew it at the time, but had no problem with it until recently. This person has not been on the board for almost two years, while on the board did an excellent job and is very knowledgeable. At the last meeting she was told to shut up and leave the meeting as she was merely a renter because she was asking about where our money is deposited and the Treasurer refused to tell the members. The President kept telling other members to ask the management company as she had no answers for any of our questions. I told her as the President she should know the answers to very simple questions. The members gasped at the manner in which we were all treated and then the President was presented with a Petition to Recall, at that the membership practically gave a standing ovation. This Board sealed their fate by the arrogant, condescending manner in which they treated the members. Thanks again Carol you have been very helpful.

I would like to add that even if the issue was an executive session issue, all current Board members should have access to minutes of those issues.

Oh, Tim, I sure agree that potential lawsuits are ES topics in CA. But simple debate about whether or not to keep the garden is not. Owners should be able to hear both sides.

I also agree, Tim, that the Board has the right to send letters to past directors to not reveal discussion, vote counts, etc. that occurred in ES. I too think it's overkill and wonder how much Joyce's HOA had to pay for those letters??

Homeowners, Joyce, should request the financials and approved minutes in writing to your property mgr. Look up "Document Inspection," or something like that at D-S.com, Joyce.

The board should not give you the minutes from ES. But as noted earlier, they should, per CA Civ. Code, summarize their decisions to the membership at the next open meeting. It does not matter that the meet in ES on Sunday mornings since homeowners may not attend. But, as a practical matter, wouldn't your PM charge overtime to come in a take meeting notes on a Sunday? Ours would.

So, now that your petition has been turned in, the steps for a recall election must be followed exactly.

The garden issue was never discussed in Executive Session when these two directors were on the board. The Executive Session issues are of course confidential and not to mention boring. One would have to have an eidetic memory to be able to remember the information voted on and the homeowners who were or were not fined or which property was in foreclosure.

Perhaps recording meeting notes--minutes-isn't in your contract with your PM. This contract, though, is available to homeowners by written request to the PM or MC. The annual amount you're paying to the MC needs to be available to homeowners and is written in the contract.