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Disclosure of Results from Disciplinary Hearings

Posted by Bradley Schuber | Feb 28, 2014 | 0 Comments

Generally, any member of the Association, including a member who may have filed a complaint against his/her neighbor, does not have the right to know the results of a disciplinary hearing.  As most disciplinary hearings are held in executive session, the minutes from executive session meetings are generally not subject to review by the membership.  See California Civil Code Section 4950.  As Section 4950 applies to the entire membership, the complaining member is not entitled to any special treatment or privilege. 

 However, according to California Civil Code Section 4935(e), any matter discussed in executive session must be “generally” noted in the minutes of the following membership meeting.  So while a member does not have the right to know the results of a specific disciplinary hearing, a member is able to review the membership meeting minutes following an executive session for any generalized information contained therein. 

 Notwithstanding, directors should be careful not to release confidential information resulting from a disciplinary hearing as they owe each member a duty of confidentiality. The improper release of confidential information contained in executive session minutes could subject a Board to possible claims for defamation and invasion of privacy and so forth.  If a Board is in doubt as to whether or not certain information is confidential and not meant for disclosure, then it should consider consulting with their legal counsel.

About the Author

Bradley Schuber

Senior Associate Practice Areas: Community Association Counsel Construction Litigation Civil Litigation Brad Schuber is a Senior Associate with the Kriger Law Firm, APC, and is licensed to practice law in the states of California and New York. He is also admitted to practice in the United State...

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