Most associations are formed as corporations under the California Corporations Code. Corporations are legally required to keep written minutes of board meetings, membership meetings, and executive committee meetings. (Corp. Code § 8320.) Civil Code Section 5210 further requires HOA committees with “decisionmaking authority” to keep and maintain minutes, and to make them available for inspection by the association’s members within certain timelines. With the exception of executive committees and committees with “decisionmaking authority,” there is no explicit legal requirement for other types of association committees to keep and maintain minutes of their meetings.
Executive Committee Meeting Minutes
Minutes of executive committee meetings are “association records” that may be inspected by the association’s members, subject to certain limitations. (Civ. Code § 5200(a)(8); See also “Records Subject to Inspection.”) Executive committees are comprised of directors and are given the authority to act on behalf of the board. (Corp. Code § 7212(a).) If an executive committee has “decisionmaking authority,” the minutes of its meetings must be kept and made available for inspection by members within fifteen (15) calendar days following approval. (Civ. Code § 5210; See also “Deadlines for Producing Records.”)
Committees with “Decisionmaking Authority”
Committees with “decisionmaking authority” must keep and maintain minutes, and must make them available for inspection by members within fifteen (15) calendar days following approval. (Civ. Code § 5210; See also “Deadlines for Producing Records.”) Committees with “decisionmaking authority” typically include architectural committees that have the power to approve or deny a member’s architectural application.
