1. Members are entitled to inspect and copy the names and addresses on the membership list for a proper purpose (or may be given a reasonable alternative); minutes of the association, board and any committees having any board powers; and access to certain financial books and records of the association. [CC §1363(f); 1363.05(d)&(e); Corp. Code §§8330 et seq.]
2. Members are entitled to have hearings regarding discipline and the member's payment of assessments held in executive session.~ [CC §1363.05(b)]
3. Members have a limited right to speak at Board and membership meetings. [CC § 1363.05(i)] 4. Members are entitled
to copies of minutes within 30 days after the meeting upon request and payment of a reasonable cost. [CC §1363.05(d); Corp. Code §§8330 et seq.]
5. Members are entitled to at least 10 days' prior notice of any hearing held to impose any proposed discipline. The hearing must be held at least 5 days before the effective date of the discipline [Corp. Code §7341; CC §1363(h)]. CC §1363(h) is consistent with Corp. Code §7341 on the timing of the hearing, but it requires the notice to contain the date, time, and place of the hearing, the nature of the alleged violation and a statement that the member has a right to attend and address the board at the meeting. It also requires that the Association must give a member written notice of any disciplinary action, either by personal delivery or first-class mail, within 15 days after the "action," i.e. presumably the decision to impose any discipline. Also, since Corp. Code §7341 states that the discipline cannot be effective until at least 5 days after the hearing, that timing presumably applies even if the notice is sent immediately after the hearing. The discipline is ineffective if the Board fails to comply with the CC § 1363 requirements.
6. Special membership meetings may be called by 5% or more of the members, but the date must be set and notice sent by the board, within 20 days after receipt of a meeting request, and the board must set the meeting date for 35 to 90 days after receipt. [Corp. Code §§751 0 & 7511]
7. All Owners are entitled to detailed information regarding the delinquency by certified mail
before a lien is filed, and to a copy of the lien mailed as required by CC §2924b within 10 days after,
a lien is filed. The association must wait 30 days before it can enforce the lien by foreclosure or other legal means. The association may use nonjudicial foreclose to enforce a lien representing a penalty assessed to repair common areas damaged by a member or the member's tenants or guests, but not for other types of monetary penalties. All costs and attorney's fees for preparing, filing and mailing the lien may not exceed $425. Specific provisions apply to owner requests for payment plans, time limits for releasing liens after payment, and other aspects of the assessment collection process. (NOTE: A lien is not a prerequisite for filing a lawsuit, nor does a lawsuit for money "enforce" a lien.) [CC §§1366.3, 1367, 1367.1, 2924b]
8. Assessments collected by an association are exempt from attachment by judgment creditors, but only to the extent necessary for the association to perform essential services, such as paying for utilities and insurance. [CC §§1366]
9. After January 1,2001, any association that amends any governing document,
including rules, must allow an owner to keep at least one "pet" which means any domesticated bird, cat, dog, aquatic animal kept within an aquarium. [CC §§1360.5]
10. The governing documents may not limit or prohibit the display of the flag of the United States on or in the owner's separate interest or exclusive use common area, except as need to protect public health or safety. [Civil Code §1353.5; Gov't. Code §434.5]
11. Any rule that arbitrarily or unreasonably restricts an owner's ability to market his or her property in an association is void, including a fee that exceeds the association's actual costs or that establishes an exclusive relationship with a broker. [Civil Code § 1368.1]
#8. To avoid a circus atmosphere in a disciplinary hearing, we believe it is best to adopt a rule requiring all disciplinary hearings to be held in executive session and to exclude all witnesses, other than the parties, except for the time they testify.