HOA board meetings are governed by the “Common Interest Development Open Meeting Act” (“Open Meeting Act”) found at Civil Code Sections 4900 through 4955. The provisions of the Open Meeting Act contain requirements that:
- Prohibit the board from taking action on an “item of business” outside of a board meeting. (Civ. Code § 4910(a); See also “No Action Without a Meeting.”)
- Require the association to give notice of the time and place of board meetings and to post an agenda of items to be discussed or acted upon by the board at the meeting. (Civ. Code § 4920.)
- Allow for the board to conduct “emergency” meetings in limited circumstances. (Civ. Code § 4923.)
- Set forth the rights of members to attend, observe and speak at open board meetings. (Civ. Code § 4925; See also “Board Meeting Attendance Rights” and “Open Forum.”)
- Place limitations on what items may be discussed or acted upon by the board during a board meeting. (Civ. Code § 4930; See also “Board Meeting Agenda Requirements.”)
- Allow for the board to adjourn to, or meet solely in, executive session in order to consider or act upon specific types of matters. (Civ. Code § 4935.)
- Require the board to keep and maintain various meeting minutes, as well as to inform members of their right to obtain copies of board meeting minutes. (Civ. Code § 4950.)
- Set forth the rights of members to bring a civil action against the association for violations of the Open Meeting Act. (Civ. Code § 4955.)
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Related Topics
- AB-648 (Valencia) Common interest developments: procedures: meetings by teleconference
- SB-391 (Min) Common interest developments: emergency powers and procedures.
- Open Meetings & Open Session
- Board Meeting Attendance Rights
- Executive Session
- Board Meeting Agenda Requirements
- Board Meeting Agenda Requirements
Related Statutes
Related Links
‘Substantial Compliance Test’ Possibly Applicable to Open Meeting Act Requirements – Published on HOA Lawyer Blog (01/05/16)