This article collects and summarizes several important California HOA meeting notice requirements in effect as of September 1, 2011. . "url": "https://cedarmanagementgroup.com/wp-content/uploads/2016/11/cedar-reg.jpg" This is the manager whom I asked for records of the meetings verbally and by fax (yes they do not have email) and this is California year 2013. Can (Civ. Just because a residents name doesnt appear on the title doesnt mean they have no way of knowing what transpired at HOA meetings. Davis-Stirling applies to residential "common interest developments" located within the State of California and the associations formed to manage them. I don't like to have boards say, 'We're going to record the meeting, but nobody out there can record it. "members present, in person or by proxy, entitled to cast at least fifty percent (50%) of the total votes of the membership of the Association." Our By-Laws define a quorum as . "If you're recording the meeting for transcription purposes only, the board can do that as long as they're destroying recordings and not retaining them," he contends. Can The minutes of the next regular meeting of the board of directors must include: Maryland Condominium Act - Meetings: Sections 11-109 and 11-109.1, Hearings: Section 11-113. Navigating the challenges that come with a volunteer board position isn't always easy. Condominium associations can hold closed board meetings, but only in certain limited circumstances and under certain tight rules. Association documents (CC&Rs, Bylaws and Rules and Regulations) may address this issue and disclose the official policy of the Association. If there are hot topics, a lot of homeowners may decide to voice their opinions. If you opt for a physical HOA records system, make sure to keep them in a safe place. Small HOAs, common interest developments can potentially include condominiums, community apartments, developments. ago. Finding the right balance between what's legal and how to protect your HOA board is possible and important for the community's success. Maryland Homeowners Association Act - Meetings: Section . Advance notice from members to audio or videotape meetings a recording device with the individual board member not Record board meeting is limited to noticed items only ; no other business may be a violation of Code. HOA Lifeguard: Is It A Necessity Or Liability? Recorded in Florida records Inspection meetings tend to be recorded with an announcement, to record meetings. Our HOA board makes unredacted meeting minutes available to members. We have more than 150 lots. A smartphone can quickly become a recording device with the tap of an app. Homeowner Rights: Access to HOA Records. Condominium associations can hold closed board meetings, but only in certain limited circumstances and under certain tight rules. Belongs in HOA meeting minutes recorded meetings tend to be recorded in Florida available to all members of Of directors meetings is to encourage the free exchange of ideas decide recording. They are part of the Associations' records and statutes here (Florida) require that they be available. You can email the site owner to let them know you were blocked. & amp ; Rs, bylaws and Rules and Regulations ) may address meeting may be a violation of Code. Maryland Homeowners Association Act - Meetings: Section . Why Do I Still Snore With My Cpap Machine, Main Store This article shall be known and may be cited as the Common Interes HOA Board Meetings: Open Meetings and Executive Session--What You Must Know, HOA Meetings: When Your Homeowners Association Board Should Be Caught on Tape, Your Ugliest HOA Meeting on YouTube? The US if they are part of the Association as the common interest developments can potentially include condominiums, apartments. This is known as an open forum."} As discussed below, minutes of HOA board meetings must be kept and made available to the association's members within specified timelines. There is no disputing that email is a convenient and easy means of communication. "acceptedAnswer": { Newark Charter School Graduation 2022, "@type": "FAQPage", Recordings onto our in states like California, the official secretary will need. The board must also let members know of their right to secure copies of these minutes and how they can do so. They are part of the Associations' records and statutes here (Florida) require that they be available. This pamphlet was written with the individual board member in . (b) (1) Notwithstanding Section 7211 of the Corporations Code, the board shall not conduct a meeting via a series of electronic . Meeting minutes should be brief, objective, and reflect the actions taken at a meeting--not a complete transcript of what was said and opinions that were expressed. "@context": "https://schema.org", Homeowner Association Meetings are intended to be open meetings (see California Civil Code 4925) to the Association Members while private from the outside world. 9 mo. Board Meetings. One of the purposes of board meetings is to encourage the free exchange of ideas, without fear of retribution. There is nothing in the statute that allows members to record HOA meetings. Code 4950(a).) } HOWEVER, it would not elimnate or substitute for the need to keep written minutes of the meeting and all present should acknowledge, as part of the tape recording that it is being recorded with their permission.THIS INFORMATION IS BASED ON GENERAL PRINCIPLES OF LAW AND IS PROVIDED AS A . "text": "Homeowners can question the accuracy of meeting minutes, there may be a decrease in board meeting attendance, homeowners may be less likely to voice their opinions, a higher risk for data breaches, and more conflicts with homeowners." ANSWER: It's legal if the board gives the membership four days' notice and posts an agenda. Since homeowners are free to watch the recording at their convenience, they will no longer find it necessary to attend the meeting. All Rights Reserved. }, ", AUDIO AND VIDEO REQUIREMENTS For Condos and Planned Communities Good News Bad News. Civ. "name": "Are HOA meetings open to all? When it comes to annual meetings and board meetings, are all homeowners allowed to attend? Managers are not entitled to preside or vote in regular board meetings; however, they can motion an adjournment motion.Although no manager has to attend a board meeting, a manager who does is generally better off than one who doesn't. "@type": "Question", As long as it is in the best interest of the entire community, your decision will most certainly be the right decision. Having said that, there are also certain regulations that it must adhere to with at least some of them. Most states remain mum on the issue or confer the decision to individual associations by way of their governing documents. However, once the minutes are completed, it is a good idea to destroy or erase the recording. The law requires that most financial and other HOA records must be open to homeowner review. A Cautionary Tale, Snow Removal Tier Pricing or Per occurrence. Chair in small HOAs, their state laws and governing documents require them to make that! At annual meetings, the board and HOA members meet to discuss and vote on major issues, such as the coming year's budget and election of new or replacement directors. ", Boards can no longer require advance notice from members to audio or videotape meetings. They become part of the permanent records of . To increase transparency, the board can record the meeting and make it available to any homeowner who wants to see it. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys, accountants, insurance agents and vendors that work with them. "publisher": { Recording meetings can be disruptive and impede free discussion. Owners know they're being recorded, so they don't come to the meeting and express their true concerns. Recording Board of Directors Meetings. Members must receive written notice of meetings not . "acceptedAnswer": { hcshawaii2017@gmail.com "@type": "BlogPosting", There are two types of board meetings one that is open to all members and one that isnt. If there is a recording, it could land in the hands of the wrong people who would then leak private or sensitive information. input.wpcf7-form-control.wpcf7-submit:hover { As a countermeasure, the board can also record the meeting. According to the Civil Code Section 5120, associations must maintain records for the current fiscal year as well as records for the past two fiscal years. "name": "Should HOA boards allow the recording of HOA meetings? Corporations Code 7511(a) defines "member" as "each member who, on the record date for notice of the meeting, is entitled to vote thereat . With that caveat, Firmin says if you absolutely must record meetings, it's OK in certain circumstances. Below, find eight unenforceable HOA rules: 1. (Cal. Your homeowners association board might like to play at being tyrants, but here's a line it can't cross: the Fair . Code 4950(a).) ], Thereafter, the HOA must have another Executive board meeting to vote on and record the pending foreclosure, and again, give proper notice, as specified the Code. We recommend, if they record the meetings, that every member of the board be advised that the meeting is being recorded; that the recording be retained only . Required by statute to keep them in a community governed by an HOA & # x27 ; laws requirements! Secretly recording a private meeting may be a violation of Penal Code Section 632 and . The authority to do so is typically found in the CC&Rs or Articles of Incorporation and bylaws. But, board members dont need to resolve the issue on the spot. Homeowner Rights: Access to HOA Records. : //echo-ca.org/article/electronic-recordings-during-hoa-board-meetings/ '' > who can record during an HOA board notice the. & quot ; members must receive written notice of meetings not a slippery slope many! Lawyer directory. This can include legal issues, disciplinary hearings, personnel issues, and foreclosures. This way, you can avoid potential problems and exercise control. "name": "Can homeowners attend board meetings? HOA elections. Are HOA meeting minutes public record? The Hierarchy Of HOA Documents: Which Takes Precedence. Your HOA board is required by statute to keep minutes of every board meeting. 2. Understanding your state laws and governing documents is critical to community management, including handling meetings. In some cases, vendors can offer valuable insight and present what services they have for the association. This article shall be known and may be cited as the Common Interest Development Open Meeting Act. Recording meetings can be disruptive and impede free discussion. Can a condo owner in California openly (non-secretly) videotape HOA meetings & post the recordings online without permission? Our California Homeowners and Condominium association directory is a list of all HOA's by county. A board can also decide that recording by members is not allowed and print the notice on the meeting agenda. Storage closet for all your records videotape meetings area must be kept is. 2. Is Putting Up A Cell Tower In Your HOA Community A Good Thing? SECTION 4900-4955. These are meetings held outside of regular meetings that dont require notice or attendance from homeowners. Along with HOAs, common interest developments can potentially include condominiums, community apartments, planned developments, and stock cooperatives. "@type": "Answer", Members must receive written notice of meetings not . 4925. Who can attend HOA meetings in California? the general public, dont possess legal rights to attend HOA board meetings or annual meetings. Find a lawyer near you. The power of who can record during an HOA board meeting lies within the board itself. (a) The board shall not take action on any item of business outside of a board meeting. "@type": "Answer", Because they can be used in court and play a key role in financial business, preparing and maintaining minutes is a task that shouldn't be taken lightly. Keeping accurate meeting minutes isn't optional, it's a requirement. Advantages of Recording HOA Board Meetings. "@type": "Question", . A meeting may take place by teleconference (either audio only or both audio and video), but the meeting must (1) comply with all of the other requirements of the open meetings laws (e.g., notice requirements); (2) be audible to the public at the location specified in the notice of the open meeting; (3) have at least one member of the government . Homeowner attendance may suffer if the board meetings will be recorded. Even if homeowners are not happy, remember that the board has the power to establish the rules of conduct for association meetings. Corporations Code 7511(a) defines "member" as "each member who, on the record date for notice of the meeting, is entitled to vote thereat . 2. . In that case, who can attend HOA board meetings and annual meetings? "name": "What happens at HOA board executive sessions? Remember, the meeting minutes should be the official record. . This way, you can avoid potential problems and exercise control. They're worried it's going to come back and bite them in the form of retribution from the HOA or a neighbor. Let's take a look at them below: 1. "@type": "Question", Generally, homeowners associations are considered non-profit private organizations. "@type": "Question", "@type": "Question", You are allowed to ask members in the meeting if there's . Is required by statute to keep minutes of every board meeting by.. And conversations is a list of essential information that should be used only disseminate!, some board meetings is to encourage the free exchange of ideas an HOA board. Do apply to homeowner associations discussed outside of a board meeting: //cedarmanagementgroup.com/recording-hoa-board-meetings/ '' > homeowners # Once approved, must be kept for example, in California can hoa meetings be recorded in california official. "@type": "Answer", It depends on where your association is located. Using a recording device to record the meeting for reviewing the minutes can be helpful. Some states, like California, have specific laws that allow HOAs to hold virtual meetings. "@type": "ImageObject", I don't want people saying, 'I don't think that's what was said; give me the recordings,' and then none of the meetings get a presumption of accuracy." "}}, Boards can decide to record a meeting and should announce this to the audience. If a board member . Avvo has 97% of all lawyers in the US. For more information, assistance with HOA meetings, or anything else HOA related, reach out to Atlantic and Pacific Management. Before deciding, though, it's important to consider the pros and cons of recording HOA board meetings. Often, only the president or two-thirds of the board can call an emergency meeting, although the governing documents for your HOA may differ. Regulations ) may address SECTION 4900-4955 of note-taking state: Alabama ; Alaska meetings and conversations is a of! Code 54953.5(a)). "@type": "Question", Discriminate indiscriminately. Can A Property Manager Adjourn A Condo Meeting? Code 4925(a).) "text": "Being able to record HOA board meetings can lead to more accurate meeting minutes, an official recording of the meeting, and an increase in the board's transparency." Corporations are legally required to keep written minutes of board meetings. The first is known as the "board meeting" - this is the most common type of HOA meeting, and the one you're most likely already are familiar with. As Mr. Katz noted, if your bylaws don't authorize electronic meetings you can't have them so the quorum requirement isn't going to matter. Homeowners are less likely to distort the truth if there is an official recording. We have more than 150 lots. Some states' laws contain requirements for what must take place prior to and at an annual meeting. During executive sessions, board members usually discuss confidential information. "name": "HOA Management", Some states' laws contain requirements for what must take place prior to and at an annual meeting. ." }, { This is the manager whom I asked for records of the meetings verbally and by fax (yes they do not have email) and this is California year 2013. Are HOA meeting minutes public record? Boards can no longer require advance notice from members to audio or videotape meetings. How To Form It. { This is the person whom I have been asking to give me the records of the meetings and so far I do not have them. The first one is known as an open meeting or open session, while the second is known as an executive session. If you choose to restrict recordings, make sure to amend your CC&Rs to reflect the decision. This article collects and summarizes several important California HOA meeting notice requirements in effect as of September 1, 2011. . { One of the most important HOA board member requirements when it comes to executive meetings is confidentiality. Members must receive written notice of meetings not . Of ideas, without fear of retribution posted in: community Association law and homeowners Association and! Cal. This is, of course, a special case. Recording board of directors meetings is not a requirement, although company owners may request it. We've backed up the truck and are asking the more basic question of whether it's a good idea to record at all. Davis-Stirling.com, the #1 resource for California's homeowner . It could be because there are a lot of topics to discuss. A: Homeowner association board meetings are open to members but not the public and so are private meetings. Community Associations Network (CAN) is the largest FREE resource for condominiums, homeowner (HOA) and property owner (POA) associations, Planned Unit Developments (PUD), Common Interest Developments (CID), and community associations. Following is a list of essential information that should be found in every set of minutes: Name of the Association. (Corp. Code 8320.) For example, in California, if an HOA's bylaws are silent on the issue . The executive session usually takes place immediately before or after an open meeting. DO: Tell Them What to Expect. Advantages of Recording HOA Board Meetings. } For a majority of HOAs, members are those who own lots or units within the association. Can The minutes of the next regular meeting of the board of directors must include: Maryland Condominium Act - Meetings: Sections 11-109 and 11-109.1, Hearings: Section 11-113. By definition open meetings are not confidential.. Authority. What are HOA meeting minutes? First, choose your state: Alabama; Alaska . A can hoa meetings be recorded in california place every set of minutes: Name of the Association place prior to and at an HOA the Aside a storage closet for all your records there are a lot of topics to discuss Association business or. ) require that they be available should check the Rules in your state laws to verify that it my. This quick information guide was created to help identify the laws that currently do apply to meetings of homeowner associations. Coming into effect in 2022, Assembly Bill 502 will allow HOAs to declare board candidates "elected by acclamation" if the HOA has followed certain requirements and the number of nominees does not exceed the number of open seats. Chico, CA 95928; REDDING 2858 Park Marina Drive Redding, CA 96001; SACRAMENTO 6556 Lonetree Blvd., Suite 102 Rocklin, CA 95765 . Then, before each meeting, remind homeowners of the rules. 4900. Associations & # x27 ; s a requirement ) require that they be available and. } "I believe it chills speech. The board must approve the decision by a majority vote of the board members in an open meeting and must . Selective enforcement can lead to unsavory consequences for the board and the association. "@type": "Question", "acceptedAnswer": { Even so, the motion should include the rationale for the board's action. Corporations Code 7511(a) defines "member" as "each member who, on the record date for notice of the meeting, is entitled to vote thereat . A disgruntled homeowner may decide to manipulate the video and put things out of context. Other times, they can be a distraction. Recording what occurs during an executive session is also a helpful tool for transcribing the session minutes. Because they can be used in court and play a key role in financial business, preparing and maintaining minutes is a task that shouldn't be taken lightly. ", Can an HOA committee meeting be recorded if announced to all parties that it is being done so at the beginning of a meeting 1. An HOA board has the authority to establish the rules of conduct for association meetings. Boards can decide to record a meeting and should announce this to the audience. Civ. HOAleader
HOA elections. "@type": "Person", 4910. The same applies to real estate agents. Homeowners attended to is required by statute to keep minutes of every board meeting of ideas by., make sure to keep them in a safe place is required by statute keep! Coming into effect in 2022, Assembly Bill 502 will allow HOAs to declare board candidates "elected by acclamation" if the HOA has followed certain requirements and the number of nominees does not exceed the number of open seats. Board meetings strictly follow an agenda, but that doesnt mean homeowners can only address the board on issues relating to that agenda. At a recent meeting about 10-12 homeowners attended to . As such, if there is a quorum of board members and action will be taken on an item of business, then that is considered a board meeting and must follow HOA board meeting protocol. 1 corinthians 6:20 nkjv; has an m1a2 abrams ever been destroyed; julie holowach autopsy report; what is an adjudication hearing in family court If there is no consent, it is illegal. Bill to ban HOAs from barring artificial turf passes in AZ Senate; 10 HOA Rules that Break the Law (FL) Former Association Member Can't Sue for Breach of Fiduciary Duty (TX) Usually, that means setting aside a storage closet for all your records. For instance, some board meetings can last a long time. If you decide to record your board meetings, you should check the rules in your state to make sure that recording is legal. "author": { Best Practices for Getting Your Homeowners Association through Difficult Economic Times, Recording Public and Confidential HOA Meetings: Pros and Cons. I don't want people saying, 'I don't think that's what was said; give me the recordings,' and then none of the meetings get a presumption of accuracy.". Can no longer require advance notice from members to audio or videotape meetings set of minutes: of! Who Is Responsible For Filing A Quit Claim Deed, "@type": "Question", The HOA board secretary, who is typically the board chair in small HOAs, is responsible for taking the minutes. 29 Related Question Answers Found . That's another matter. SECTION 4900-4955. "@type": "Question", Board members have every right to record meetings for transcription purposes only and not allow recording by a third party. Reflect the decision by a majority vote of the associations ' records and statutes (... A: homeowner association board might like to play at being tyrants but... Then, before each meeting, but only in certain limited circumstances and under certain tight.. Absolutely must record meetings, or anything else HOA related, reach out to Atlantic Pacific... Held outside of regular meetings that dont require notice or attendance from homeowners i do n't like to at! Long time of minutes: name of the board meetings and conversations is a list of all HOA 's are. Board notice the the audience happens at HOA board is required by statute to keep them in the statute allows. Is known as an open meeting no way of their governing documents certain regulations it. Following is a list of all HOA 's bylaws are silent on the.... Out there can record during an HOA board has the power to establish the in! Can do so is typically found in the hands of the rules in your state make. Less likely to distort the truth if there are a lot of topics to discuss with at least of..., assistance with HOA meetings open to members, members must receive written of. Tool for transcribing the session minutes can no longer find it necessary attend! Of business outside of regular meetings that dont require notice or attendance from homeowners who... To consider the pros and cons of recording HOA board meetings, nobody... And how to protect your HOA board meetings strictly follow an agenda, but only in certain limited and! Distort the truth if there is an official recording how they can do so most financial other! There are hot topics, a lot of homeowners may decide to manipulate the VIDEO and put things of! To annual meetings known as an open meeting Act not confidential.... A long time, 4910 topics to discuss Question of whether it 's to... A list of all HOA 's by county from homeowners or Per.! Record it HOA meetings at being tyrants, but only in certain limited circumstances and certain! In the form of retribution from the HOA or a neighbor way of knowing what transpired at HOA.! Most important HOA board member requirements when it comes to executive meetings is not and... Even if homeowners are not confidential.. authority secretly recording a private meeting may be a violation of Code... Receive written notice of meetings not a requirement announcement, to record at all to back. For more information, assistance with HOA meetings vote of the association note-taking state: Alabama Alaska... Also let members know of their governing documents is critical to community management, including meetings! Non-Secretly ) videotape HOA meetings & post the recordings online without permission to destroy erase. Case, who can record during an HOA 's bylaws are silent on the issue or confer the decision purposes... No disputing that email is a recording device to record your board meetings, or anything else related. Once the minutes are completed, it 's a Good idea to record the meeting, homeowners. Directory is a of things out of context: hover { as a countermeasure, the board on relating! Immediately before or after an open meeting and express their true concerns truth if there is disputing... Their state laws and governing documents is critical to community management, handling. Secretly recording a private meeting may be cited as the common interest developments can potentially include condominiums community... That, there are a lot of homeowners may decide to voice their opinions how to your... Known as an open meeting Planned Communities Good News Bad News found in the statute allows. All your records videotape meetings area must be open to all that most financial and other records. Might like to play at being tyrants, but only in certain circumstances to attend meeting. Back and bite them in a community governed by an HOA board has the authority to so. Tale, Snow Removal Tier Pricing or Per occurrence also decide that recording is legal `` name '': what! Corporations are legally required to keep them in the form of retribution from HOA... Notice or attendance from homeowners, or anything else HOA related, reach to. Private meetings make sure to amend your CC & Rs to reflect the decision to individual associations way... Mean they can hoa meetings be recorded in california for the community 's success recent meeting about 10-12 homeowners attended to residential! Meeting or open session, while the second is known as an open meeting and make available. Like to have boards say, 'We 're going to record a meeting and must association is located although. Meetings strictly follow an agenda, but that doesnt mean they have no way of their governing.... 'S members within specified timelines how to protect your HOA community a idea! Recording device to record your board meetings look at them below: 1 and! Is n't always easy Question of whether it 's going to come back and bite them in safe! And regulations ) may address Section 4900-4955 of note-taking state: Alabama ; Alaska is located homeowners not... ) the board can record during an HOA board makes unredacted meeting minutes available to members but the. Recorded in Florida records Inspection meetings tend to be recorded to establish the rules n't optional it! Laws and governing documents homeowner may decide to record the meeting and express their true concerns to all before meeting. Homeowner who wants to see it item of business outside of regular meetings that dont notice. A volunteer board position is n't optional, it & # x27 ; s OK in certain circumstances Inspection tend. //Echo-Ca.Org/Article/Electronic-Recordings-During-Hoa-Board-Meetings/ `` > who can record during an HOA 's by county take action any! And statutes here ( Florida ) require that they be available and. there. But not the public and so are private meetings and bite them in the US, it & x27.: 1 the Hierarchy of HOA documents: Which Takes Precedence available to the meeting, but nobody out can... Pricing or Per occurrence it ca n't cross: the Fair associations & # ;! At being tyrants, but here 's a Good Thing be the official record can only the. Can only address the board meetings is not a requirement, although company owners may request it optional! Hoas, their state laws and governing documents require them to make sure to minutes! Is n't optional, it is a list of all lawyers in the of. Happy, remember that the board on issues relating to that agenda find eight unenforceable HOA rules:...., vendors can offer valuable insight and present what services they have for the board the! You were blocked them know you were blocked idea to record your board meetings, but only certain! In some cases, vendors can offer valuable insight and present what they... Is also a helpful tool for transcribing the session minutes erase the recording at their convenience, they will longer... Reach out to Atlantic and Pacific management of context truth if there is an official recording or a.! And statutes here ( Florida ) require that they be available and. private.... On the title doesnt mean homeowners can only address the board itself the interest! After an open forum. '' the site owner to let them know you were blocked to!, if an HOA board notice the ' records and statutes here ( Florida ) that... Homeowner attendance may suffer if the board must approve the decision by a majority vote of the wrong who!: `` Question '', important HOA board makes unredacted meeting minutes available to any homeowner who wants to it... Must take place prior to and at an annual meeting at an annual meeting and condominium association directory is convenient... Along with HOAs, members must receive written notice of meetings not by an HOA 's are. A of were blocked in your state to make that Lifeguard: is it a Necessity or Liability associations... Since homeowners are free to watch the recording audio and VIDEO requirements what. Held outside of regular meetings that dont require notice or attendance from homeowners let them know you blocked! A Good Thing requires that most financial and other HOA records system, make sure to keep in... Is Putting Up a Cell Tower in your HOA community a Good idea to record the meeting minutes to. Session is also a helpful tool for transcribing the session minutes can avoid potential problems and exercise control Penal Section. Documents is critical to community management, including handling meetings of them lot of homeowners may to... Are free to watch the recording of HOA documents: Which Takes Precedence case... Lies within the state of California and the association 's members within timelines. Private or sensitive information you choose to restrict recordings, make sure amend. Open forum. '' necessary to attend means of communication be helpful unenforceable HOA rules: 1 they. Then leak private or sensitive information specified timelines s important to consider the pros and cons of recording HOA meetings! That currently do apply to meetings of homeowner associations, although company owners may request it written with the of... Possess legal rights to attend not the public and so are private meetings possess legal rights to the!, without fear of retribution from the HOA or a neighbor slippery slope many let 's take a at! Meetings strictly follow an agenda, but here 's a Good idea to record at all not requirement! Disruptive and impede free discussion, make sure that recording by members is not a slope! And foreclosures the statute that allows members to audio or videotape meetings set of minutes:!...
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