Reader Questions - Remote Opening of Gates, Obtaining Agendas and Minutes

Dear Kelly,

Our board members look forward to reading your columns with great interest. A question was recently posed regarding residents using cell phones to allow entry into our gated, but not guarded, community and the safety issues that may arise; especially, since a cell phone can actually be operated from another location or even another state to allow entry. Nowadays, many people opt to use cell phones over landlines.

Is there a civil code that prevents HOA’s from requiring residents to use only landlines for allowing gate entry to non-residents?

V.H., Cherry Valley

Dear V.H.,

Technology has brought about a whole new area of questions. Cellular phones are increasingly replacing “land lines,” and younger persons (my children included) often only use their cellular phones as “home” phones. The ability of a homeowner or tenant to “buzz” in a visitor from anywhere is of course very convenient. I am unaware of any law limiting such systems to only land line use.

If your association board is concerned about use of the gate from a location other than the residence, then perhaps a different entry system needs to be considered. Common area systems, such as gates, are ordinarily the responsibility of the board of directors, although if a major access change is under consideration, it might be a good idea to notify members that it is under consideration, and seek input from the members.

Best,
Kelly

Kelly,

Thank you for your articles on HOA’s in the paper. 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?

Thank you,

S.C., San Juan Capistrano

Dear S.C.,

The Open Meeting Act, at Civil Code 1363.05(f), requires agendas be posted at least four days ahead, and permits you to request mailed notice of meetings – that request should be in writing. However, mailed notice sometimes might not get to you until the last minute – so it is probably better to watch wherever notices are posted. It would also be good form for boards to have extra copies of the agenda at the meeting.

If the official minutes of a board meeting are not yet approved, draft minutes, or at least a summary of the minutes, must be available to all members no later than 30 days after the meeting. Members can request to receive a copy, but must reimburse the association for the cost.

Many HOAs issue their draft minutes late, because the board secretary is keeping minutes which are too lengthy. [Secretaries, pay attention here, I have good news for you]. Most board secretaries are working far too hard. Minutes should not be a transcript of everything said in the meeting – that is a hopeless and unnecessary task. Minutes should reflect which directors attended and what the board DID (not what it discussed). Any motions and their outcome should be noted in the minutes, along with any reports received by the board (no need to summarize the report). A “roll call,” listing who voted which way, is not necessary unless a director requested a roll call vote on a motion. So, secretaries, look up from your notes, you can actually join the discussion!

Regards,
Kelly

Written by Kelly G. Richardson

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 [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.