Current Status: Pending

FindHOALaw Quick Summary:

The Davis-Stirling Common Interest Development Act requires the board of an association to provide general notice of a proposed rule change at least 28 days before making the rule change, in accordance with certain procedures. However, existing law permits the board to make an emergency rule change if it determines that the change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association.

This bill would amend Civil Code Section 4360 to require the general notice for an emergency rule change to include the text of the rule change, a description of its purpose and effect, and the date when the rule change will expire.

The Common Interest Development Open Meeting Act prohibits the board of a common interest development from taking action on any item of business outside of a board meeting. Existing law also prohibits the board from conducting a meeting via a series of electronic transmissions, except in specified emergency circumstances.

This bill would amend Civil Code Section 4910 to prohibit a majority of the directors of the board, outside an authorized meeting, from using a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business within the board’s subject matter jurisdiction, except in an emergency. The bill would also exempt from this prohibition certain informational and ministerial communications that do not solicit responses, do not involve discussion among a majority of directors, and do not result in board action.

Existing law authorizes the board to adjourn to, or meet solely in, executive session to consider litigation and other specified matters. Existing law requires any matter discussed in executive session to be generally noted in the minutes of the immediately following meeting that is open to the entire membership.

It further amends Civil Code Section 4935 to require that discussions regarding ongoing litigation have the case name included as part of the executive session meeting minutes.

This bill would add Civil Code Section 4941 to require, if open session meetings of the board are electronically recorded using audio, or audio and video, that the recordings be considered a record of the association and to be available to members on the same basis as written meeting minutes. The bill would require notice to be given at the beginning of every open session of the board that the meeting is being recorded.

Existing law requires the minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes of a board meeting, other than an executive session, to be available to members within 30 days of the meeting and distributed to a member upon request and upon reimbursement of the association’s cost for making that distribution.

This bill would amend Civil Code Section 4950 to prohibit the imposition of a charge for minutes that are distributed electronically. The bill would allow minutes posted on the association website to meet minute distribution requirements. This bill would also require the minutes, or proposed minutes, to include specified information, including the date and time of the meeting. If a member requests a physical copy of the minutes, the association shall make the minutes available pursuant to Section 5205. An association is not obligated to have or continue to maintain an association internet website.

Under existing law, the operating rules are part of the governing documents of a common interest development. Existing law requires an amendment to the governing documents to be held by secret ballot in accordance with specified procedures.

This bill would amend Civil Code Section 5100 to exclude an amendment to the operating rules from the requirement that the amendment be held by secret ballot.

Existing law requires the board provide general notice of the tabulated results of the election within 15 days of the election.

This bill would amend Civil Code Section 5120 to require the meeting minutes to state the term for each elected director.

Existing law permits an association to bill a requesting member for the direct and actual cost of copying and mailing requested association records.

This bill would amend amend Civil Code Section 5205 to prohibit the association from charging for the emailing of documents already in electronic format and which do not require any redacting.

Existing law authorizes a member to bring a civil action to enforce that member’s right to inspect and copy association records.

This bill would amend Civil Code Section 5235 to require the court to award a member who prevails in a civil action reasonable attorney’s fees and court costs, and to allow the court to impose a civil penalty of up to $500 for each violation.

**AB-1184 was amended on August 4, 2026, to require discussions regarding ongoing litigation to have the case name, case number, and name of the court included as part the executive session meeting minutes and to require the annual budget report also include a statement listing any active litigation in which the association is named as a party:

(e) Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. Discussions regarding ongoing litigation shall have the case name name, case number, and name of the court included as part of the executive session meeting minutes.

(13) (A) A statement listing any active litigation in which the association is named as a party, including the name of the court and the case number of the litigation.
(B) For purposes of this section, “active litigation” means any civil action or proceeding that has been commenced, currently pending in any state or federal court, and has not yet been finally resolved, closed, or dismissed. “Litigation” does not include any small claims actions, superior court actions seeking judicial foreclosure, actions to obtain a monetary judgment regarding any debt of a member, actions by which an association is seeking to enforce the governing documents against a member, or any action which by disclosing its existence would pose a threat to the health and safety of any individual.

**AB-1184 was amended on August 19, 2026, to exempt a recording used solely for the purpose of creating meeting minutes and would authorize that the recording be deleted within 12 months after the meeting minutes are completed. It was also amended to clarify that the board may not use a series of communications to deliberate or take action on an item of business outside of a board meeting. The bill was further amended to require that board meeting minutes include how each director voted on the amendment, adoption, or repeal of an operating rule:

(c) (1) A majority of the directors shall not, outside a meeting authorized by this article, use a series of communications to deliberate or act on any item of business within the authority of the board, except in an emergency. Informational or ministerial communications that do not solicit responses, do not involve discussion among a majority of directors, and do not result in board action are not prohibited by this subdivision.
(2) Paragraph (1) does not prohibit informational or ministerial communications, including communications sent solely to schedule, notice, organize, or facilitate a board meeting, if the communications satisfy both of the following conditions:
(A) The communications do not involve deliberation, debate, advocacy, or discussion regarding any item of business within the authority of the board.
(B) The communications do not result in a board action.

4941.  (a) (1)If open session meetings of the board are electronically recorded using audio, or audio and video, the recordings shall be considered a record of the association and shall be made available to members on the same basis as written meeting minutes.
(2)  Paragraph (1) shall not apply to a recording used solely for the purpose of creating meeting minutes. A recording used solely for creating meeting minutes may be deleted 12 months after the draft minutes are completed.

(d) If the board votes on an amendment, adoption, or repeal of an operating rule during the board meeting, the minutes shall include how each director voted on the amendment, adoption, or repeal.

View more info on AB 1184
from the California Legislature's website