BOARD PACKETS

By Adrian J. Adams, Esq. Adams & Kessler LLP

Q: Do owners who attend board meetings have the right to board packets so they can follow along during the meeting?

A. No. The Open Meeting Act gives owners the right to attend non-executive session meetings to observe the board conduct the association's business. Attendees may receive a copy of the agenda but they do not have a right to the board packet. The information in the board packets frequently consists of member correspondence, bid proposals, personnel issues, delinquencies, etc., all of which are protected under various privacy rights, executive session privileges, and the like.

Bid proposals become subject to inspection and copying once a contract has been approved by the board. At that point, members are allowed to inspect and copy the bids and the approved contract during normal business hours as provided for in the associations inspection policy.

PRIVATE SECURITY GUARDS

Associations with employees who function as security guards must obtain a "Guard Card" for each such employee. Bus & Prof §7574.2 This requires a criminal background check through the Department of Justice and the payment of a fee. A private security officer is defined as an unarmed individual who is employed exclusively by any one employer whose primary duty is to provide security services for his or her employer and (1) wears a distinctive uniform and (2) is likely to interact with the public while performing his or her duties. Bus & Prof §7574.1

The license status for individual security guards can be checked online through the Department of Consumer Affairs. The license status for security companies can also be checked online.

Adrian J. Adams, Esq., is a Managing Partner of the law firm of Adams & Kessler LLP