Do I, as a homeowner, have a right to see the contract between the HOA and a vendor? I have no desire to stir up problems. I appreciate your weekly column in the paper, I wish all my neighbors would read it and understand what the board goes through on our behalf.
M.L, Dana Point
Yes, you have the right under Civil Code 5200(a)(4) to see executed contracts. You must make the request in writing, which should be a paper document unless your HOA accepts notices vie email. Under Civil Code 5210, that copy must be provided to you within ten business days of the request. The association may require you to reimburse the reasonable copy cost of the document. Make sure you request a specific document – a request that asks the HOA to go hunt for “any maintenance-related contracts” is not asking for a specific document but asks the HOA to research for you, and the HOA is not required to do that.
Hoping this is helpful,
Does the HOA manager or board have the responsibility to provide me with a copy of the minutes (signed/unsigned) and an update of the financial status from the previous meeting?
I attended our meeting the other day and requested that members be provided a copy of the latest financial status and expenditures and copies of the previous meeting minutes, that way we can follow the agenda of the meeting. I was informed that I am provided a copy of the financial status at the end of the year and the budget for the year.
J.C., La Costa
Yes, upon request, the draft minutes must be available to members within thirty days of the board meeting. The HOA is not required to distribute financial reports or minutes at the board meeting. Civil Code 5200 lists the various financial documents a member is permitted to request. For the current year, any such documents must be provided within ten business days of the written request. Certain financial reports and the prior draft minutes may normally be in the board’s packet, but that is for the board and is not distributed to members.
We have a board of directors that ignores Civil code as it relates to providing the homeowners with the required end of the fiscal year financial reports (for fiscal year end the board finally delivered the reports six months after the required due date.) Attending the board meeting and asking the board to address the issues yields nothing. Please help.
G.C., San Diego
The Annual Budget Report, required under Civil Code 5300, is a grouping of between at least ten, and possibly twelve, disclosures to members. That document must be sent to all members no more than 90 days, but no less than 30 days, before the end of the association’s fiscal year. If that report is not distributed timely, then under Civil 5605 the board may not increase assessments by any amount without a vote of the membership.
As mentioned in the prior answer, Civil Code 5200 lists a number of financial documents and reports that any member may receive upon written request.
Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to Kelly@rodllp.com. Past columns at www.HOAHomefront.com. All rights reserved®.