Would make substantive changes to the Open Meeting Act, association records inspection, and operating rule changes.
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.
This bill would add Civil Code Section 4921 to require the board, if the association becomes involved in litigation, to provide notice of the occurrence as part of the annual budget report distributed to the members. 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.
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.
View more info on AB 1184
from the California Legislature's website
