AB 1720 (Wagner). Common Interest Developments: Meetings. (Attorney Attendance)

Would amend Civil Code § 4925 to allow for a member’s attorney to attend HOA board meetings that are open to the membership, regardless of whether the member attends. Would require the member to provide the HOA with 48 hours advance written notice of the fact that the member’s attorney will attend the board meeting.

Current Status: Dead

FindHOALaw Quick Summary:

Civil Code § 4925 grants HOA members the right to attend board meetings and to address the board during open forum, subject to certain exceptions. (See “Board Meeting Attendance Rights.”) AB 1720 (Wagner) would amend Section 4925 to also allow for a member’s attorney to attend board meetings, regardless of whether the member attends.  The bill would require the member to provide the HOA with at least 48 hours advance written notice “where possible” that the member’s attorney will attend the board meeting. The bill is intended to address a 2013 holding of the California Court of Appeal where the Court affirmed a HOA’s ability to prohibit a member’s attorney from attending a board meeting on the member’s behalf. (See SB Liberty, LLC v. Isla Verde Assn. Inc., (2013) 217 Cal.App.4th 272.)

**UPDATE: On April 4, 2016, the proposed text of AB 1720 was amended to change the term “attorney” to a “person” who represents a member, and to mandate that the member provide notice to the Board:

(c) The board shall permit an attorney who a person who represents a member to attend any board meeting that the member is permitted to attend, regardless of whether the member attends. Where possible, the The member shall give the board at least 48 hours advance written notice that his or her attorney a person representing the member will attend the board meeting.

To read the current text of AB 1720, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track AB 1720 as it progresses through the Legislature. 

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