Practical Primer for Responding to Document Requests in California
Learn about the essential records required under the California Law, strategies for responding to document requests, addressing sensitive information, and the timing for responses. Gain insights into the basics of record requests and the proper format for writing requests, along with legal provisions for inspection rights.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
The Book of Records A Practical Primer for Responding to Document Requests
Northern California Panel Zer Iyer, Esq., Angius & Terry, LLP Laura Ravazza, CCAM-PM, Homeowner Management Company Frederick Whitney, Esq., Whitney|Petchul
Outcomes At the conclusion of this session, attendees will: Understand the records that are required to be kept under California Law and the time frames for responding to them; Have a strategy for responding to written record requests from a Member;
Outcomes (Cont.) Be familiar with documents that are privileged and know how to address requests for sensitive or private information; Understand how and when to respond to document request from non-members (i.e. prospective purchasers.
Record Request Basics The Davis-Stirling Act ( 5200 et. seq.) o Association Records ( 5200 (a)) o Enhanced Association Records ( 5200 (b)) o Association Election Materials ( 5200(c)) o Annual Disclosures ( 5300 et. seq.) o Minutes ( 4950; 5910) o Membership Lists ( 5200(a)(9))
Record Request Basics (Cont.) California Corporations Code (Corp. Code 8310 et. Seq.)
The Proper Format of a Request In writing State the specific record requested and the date or time frame It is NOT like a discovery request!
The Proper Format of a Request (Cont.) Member can specify another to make the inspection ( 5205(b)). Directors Have An Unfettered Right to Inspect o Chantiles vs. Lake Forest II
The Timing of Requests: When Must We Respond By? It Depends! Current Fiscal Year: Within ten (10) business days ( 5210 (b)(1)) Prior Two Fiscal Years: Within thirty (30) calendar days ( 5210 (b)(2))
The Timing of Requests: Specialized Records Board Minutes: oWithin 30 days of the Board meeting; oPermanently available ( 5210(a)(2)). Committee Minutes: Within fifteen (15) days of committee meeting ( 5210(b)(5))
The Timing of Requests: Specialized Records (Cont.) Membership List: Within five (5) business days ( 5210(b)(6); Corp. Code 8330). Prospective purchasers requests: As soon as practicable ( 4525) Insurance coverage changes: ( 5810)
Reimbursement of Copy Costs & Expenses Copying Costs: direct and actual ( 5205(f)) o Brown vs. Professional Community Management, Inc. Redaction: $10 per hour up to $200 ( 5205(g)) Electronic Copies: direct cost ( 5205(h)) Transfer Fees: ( Corp. Code 7140(g)) o Berryman vs. Merit Property Management, Inc.
Association Records: Financial Records Annual disclosure reports ( 5300) Summary of reserves ( 5565) Interim financial statements: o Balance sheet; o Income & expense report; o Budget comparisons; o General ledger.
Association Records: Membership Lists Annual Solicitation ( 4041) o Electronic delivery ( 4040) Membership list requests o Must state a proper purpose (Corp. Code 8330(a)(1)) o Tract No. 7260 Association, Inc. v. Parker
Association Records: Opting Out Member opt out ( 5220): o Emails ( 5200(a)(9)) o Alternative method ( 5220; Corp. Code 8330(c)) o Worldmark vs. Wyndham Resort Development Corp. (2010)
Association Records: Contracts and Proposals Executed contracts o Not otherwise privileged Approved proposals and invoices
Association Records: Agendas & Minutes Agendas Minutes: o Board (Open Session Only!) o Committees of the Board (Corp. Code 7212) Compare to the discovery act What should we include in minutes? Who should sign them?
Enhanced Association Records Invoices o Privileged Matters Legal Invoices Receipts Cancelled Checks Credit Card Statements Statements For Services Reimbursement Requests
Prospective Purchasers: What Can Be Disclosed? Civil Code 4525 Kovich vs. Paseo Del Mar Homeowners Assn. (1996); Legal Opinions? o Certificates of Compliance
Requests for Information about Other Members Members Enjoy A Right to Privacy (Cal. Const. Art. I) Executive Session Matters o Violations o Collections Disclosure of Complaining Neighbor(s)
Community Awareness: Adverse Community Communications Property Values Developing a False Sense of Security Slander Proactive Alternatives
Northern California Panel Zer Iyer, Esq., Angius & Terry, LLP ziyer@angius-terry.com (925) 939-9933 Laura Ravazza, CCAM-PM, Homeowner Management Company, laura@hmcpm.com (925) 937-1011 ext.109 Frederick Whitney, Esq., Whitney|Petchul fwhitney@whitneypetchul.com (949) 766-4700
