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OWNERSHIP OF
MINUTES
 Although
members have the right to
inspect and copy
minutes, they don't own the minutes nor do they have the right to remove them from the association's office.
Following is the recent experience of one association.
The Theft. An owner entered the management office to
inspect minutes. When the
receptionist left the room to make arrangements, the owner grabbed a binder of original,
signed minutes and fled the building. The manager pursued the owner into the
parking lot, calling his name. She caught up with him as
he opened his car door. She demanded that he return the association's
property; otherwise, she would call the police.
The owner threw the binder into his car and then turned on the manager and began screaming at her. He came
within inches of her face, raised his hands and put his finger in her face.
Fearful of being struck, the manager backed away. At that point, the owner jumped into
his car and sped away.
The Arrest. The Sheriff’s Department
was notified. After investigating the incident, a Sheriff's deputy arrested the owner and
recovered the minutes.
The District Attorney filed a criminal action against the owner but later
dismissed the case.
The Lawsuit. The owner then sued the association, the manager, the deputy who
arrested him, the District Attorney, and the County. He claimed that as a
member of the association he could
not be guilty of "stealing his own property." [That's like claiming because
you own stock in General Motors, you have an
ownership interest in GM's records and can remove them from their corporate offices without
GM's permission.] The association filed a
motion to strike.
The Ruling. The court granted the
association's motion and ordered the owner to pay the association's attorneys'
fees and costs. The court wrote that "while Plaintiff
as an association member may have access to the minutes, he does not have the
unfettered right to walk into [the] Association's office and take possession of the
binder containing the meeting minutes without permission."
COMMENTS.
The Davis-Stirling Act defines records as the "Association's" records, not the
members' records.
Civil Code
§1365.2 Members may inspect the association's records but with
limitations. Moreover, because the records belong to the
association, owners cannot use or sell the
association's records for commercial purposes, or for any other purpose not
reasonably related to a member's interest as a member.
Civil
Code §1365.2(e)
If members believe their inspection rights have
been
violated, they can file suit in
small
claims court.
Very truly yours,
Adrian Adams, Esq.
Adams Kessler PLC |
