LAWSUIT REGARDING INSPECTION OF RECORDS In Moran v. Oso Valley Greenbelt Association homeowner brought a lawsuit against her association for delays in allowing her to inspect minutes. The owner prevailed and was awarded over $58,000 in attorneys fees.
Steve’s excerpts from the case Facts: Moran sent a letter to the Association’s management company, CC&R Management, asking for the Association to contact her ‘to schedule a convenient time’ to review the Board of Directors’ meeting minutes. Discussion: compliance with the Association’s statutory obligations
actually producing the minutes was what mattered
Corporations Code section 8337 provides, “In any action or proceeding under this article . . . if the court finds the failure of the corporation to comply with a proper demand there under was without justification, the court may award the member reasonable costs and expenses, including reasonable attorneys’ fees, in connection with such action or proceeding.”
the conclusion that the Association wrongfully withheld the minutes was “amply supported by the facts, including the length of the delay
Given the history of relations between Moran and the Association by that point, Moran’s decision to file the lawsuit rather than rely on those promises was reasonable
View the 1st Case Moran v. Oso Valley Greenbelt Assn.
RECOMMENDATION. If owners request records which they are entitled to review, respond quickly