Section § 4900

Explanation

This law is called the Common Interest Development Open Meeting Act. It sets rules about meetings for housing communities where members have shared interests, like condos or HOAs.

This article shall be known and may be cited as the Common Interest Development Open Meeting Act.

Section § 4910

Explanation

This law says that a board can't make decisions on business matters unless they're in a board meeting. Normally, they can't hold these meetings by simply sending emails back and forth. However, in emergency situations, they can meet this way if every board member agrees in writing, and those written consents are kept with the meeting records.

(a)CA Civil Law Code § 4910(a) The board shall not take action on any item of business outside of a board meeting.
(b)Copy CA Civil Law Code § 4910(b)
(1)Copy CA Civil Law Code § 4910(b)(1) Notwithstanding Section 7211 of the Corporations Code, the board shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in paragraph (2).
(2)CA Civil Law Code § 4910(b)(2) Electronic transmissions may be used as a method of conducting an emergency board meeting if all directors, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the board meeting. These written consents may be transmitted electronically.

Section § 4920

Explanation

Homeowner associations must let members know about regular board meetings at least four days in advance. For emergency meetings, no notice is needed. If a non-emergency meeting is held in private (executive session), they must give at least two days' notice. Any longer notice period required by the association's rules should be followed, unless the meeting is an emergency or private. Notice must be given in a way that allows all to receive it, and it should include what will be discussed at the meeting.

(a)CA Civil Law Code § 4920(a) Except as provided in subdivision (b), the association shall give notice of the time and place of a board meeting at least four days before the meeting.
(b)Copy CA Civil Law Code § 4920(b)
(1)Copy CA Civil Law Code § 4920(b)(1) If a board meeting is an emergency meeting held pursuant to Section 4923, the association is not required to give notice of the time and place of the meeting.
(2)CA Civil Law Code § 4920(b)(2) If a nonemergency board meeting is held solely in executive session, the association shall give notice of the time and place of the meeting at least two days prior to the meeting.
(3)CA Civil Law Code § 4920(b)(3) If the association’s governing documents require a longer period of notice than is required by this section, the association shall comply with the period stated in its governing documents. For the purposes of this paragraph, a governing document provision does not apply to a notice of an emergency meeting or a meeting held solely in executive session unless it specifically states that it applies to those types of meetings.
(c)CA Civil Law Code § 4920(c) Notice of a board meeting shall be given by general delivery pursuant to Section 4045.
(d)CA Civil Law Code § 4920(d) Notice of a board meeting shall contain the agenda for the meeting.

Section § 4923

Explanation

This law allows the president of an association, or two other directors, to call an emergency board meeting without prior notice when unexpected situations arise that need urgent attention and action. These are situations that couldn't have been predicted and require immediate handling.

An emergency board meeting may be called by the president of the association, or by any two directors other than the president, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by Section 4920.

Section § 4925

Explanation

This law allows any member of an association to attend board meetings, except when the board is in a private executive session. Members can also listen to open parts of teleconference meetings in specified locations. Moreover, members have the right to speak at these meetings, with the board setting reasonable time limits for speaking, except during executive sessions.

(a)CA Civil Law Code § 4925(a) Any member may attend board meetings, except when the board adjourns to, or meets solely in, executive session. As specified in subdivision (b) of Section 4090, a member of the association shall be entitled to attend a teleconference meeting or the portion of a teleconference meeting that is open to members, and that meeting or portion of the meeting shall be audible to the members in a location specified in the notice of the meeting.
(b)CA Civil Law Code § 4925(b) The board shall permit any member to speak at any meeting of the association or the board, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board or before a meeting of the association shall be established by the board.

Section § 4926

Explanation

This section allows board or member meetings to be held completely over teleconference without needing a physical location, as long as specific conditions are met. Notices must include technical instructions for participating, contact information for help, and a reminder about personal delivery of notices. Everyone must be able to participate as they would in person, directors must vote by roll call, and participants must have the option to join by phone. However, this doesn't apply to meetings where ballots are being counted.

(a)CA Civil Law Code § 4926(a) Notwithstanding any other law or the association’s governing documents, a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:
(1)CA Civil Law Code § 4926(a)(1) The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following:
(A)CA Civil Law Code § 4926(a)(1)(A) Clear technical instructions on how to participate by teleconference.
(B)CA Civil Law Code § 4926(a)(1)(B) The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
(C)CA Civil Law Code § 4926(a)(1)(C) A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so.
(2)CA Civil Law Code § 4926(a)(2) Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person.
(3)CA Civil Law Code § 4926(a)(3) Any vote of the directors shall be conducted by a roll call vote.
(4)CA Civil Law Code § 4926(a)(4) Any person who is entitled to participate in the meeting shall be given the option of participating by telephone.
(b)CA Civil Law Code § 4926(b) Subdivision (a) does not apply to a meeting at which ballots are counted and tabulated pursuant to Section 5120.

Section § 4930

Explanation

This law limits when a board can discuss or decide on things not listed on the agenda during non-emergency meetings. Normally, if something isn't on the agenda, they can't act on it. However, there are exceptions. If someone not on the board speaks, a board member can briefly respond. They can also ask quick questions or make short announcements. The board can direct staff for small tasks or request reports for future meetings. In emergencies, where immediate action is needed or unforeseen issues arise, the board can act on items not listed. If action is shifted from a prior meeting's agenda, it can be addressed too. Items discussed must be openly stated to the meeting attendees.

(a)CA Civil Law Code § 4930(a) Except as described in subdivisions (b) to (e), inclusive, the board may not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was distributed pursuant to subdivision (a) of Section 4920. This subdivision does not prohibit a member or resident who is not a director from speaking on issues not on the agenda.
(b)CA Civil Law Code § 4930(b) Notwithstanding subdivision (a), a director, a managing agent or other agent of the board, or a member of the staff of the board, may do any of the following:
(1)CA Civil Law Code § 4930(b)(1) Briefly respond to statements made or questions posed by a person speaking at a meeting as described in subdivision (b) of Section 4925.
(2)CA Civil Law Code § 4930(b)(2) Ask a question for clarification, make a brief announcement, or make a brief report on the person’s own activities, whether in response to questions posed by a member or based upon the person’s own initiative.
(c)CA Civil Law Code § 4930(c) Notwithstanding subdivision (a), the board or a director, subject to rules or procedures of the board, may do any of the following:
(1)CA Civil Law Code § 4930(c)(1) Provide a reference to, or provide other resources for factual information to, its managing agent or other agents or staff.
(2)CA Civil Law Code § 4930(c)(2) Request its managing agent or other agents or staff to report back to the board at a subsequent meeting concerning any matter, or take action to direct its managing agent or other agents or staff to place a matter of business on a future agenda.
(3)CA Civil Law Code § 4930(c)(3) Direct its managing agent or other agents or staff to perform administrative tasks that are necessary to carry out this section.
(d)CA Civil Law Code § 4930(d) Notwithstanding subdivision (a), the board may take action on any item of business not appearing on the agenda distributed pursuant to subdivision (a) of Section 4920 under any of the following conditions:
(1)CA Civil Law Code § 4930(d)(1) Upon a determination made by a majority of the board present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice.
(2)CA Civil Law Code § 4930(d)(2) Upon a determination made by the board by a vote of two-thirds of the directors present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the directors present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was distributed pursuant to subdivision (a) of Section 4920.
(3)CA Civil Law Code § 4930(d)(3) The item appeared on an agenda that was distributed pursuant to subdivision (a) of Section 4920 for a prior meeting of the board that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken.
(e)CA Civil Law Code § 4930(e) Before discussing any item pursuant to subdivision (d), the board shall openly identify the item to the members in attendance at the meeting.

Section § 4935

Explanation

This section explains when and why a board can meet privately in what's called an 'executive session.' The board can have these private meetings to discuss lawsuits, contracts, personnel issues, or to meet with a member about paying their dues. If a member's discipline is being discussed, the board must meet privately if the member asks, and the member can attend. They also have to meet privately when discussing payment plans or deciding to foreclose on a lien. Finally, the board needs to note in their next public meeting's minutes what general topics were covered in these private sessions.

(a)CA Civil Law Code § 4935(a) The board may adjourn to, or meet solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member’s request, regarding the member’s payment of assessments, as specified in Section 5665.
(b)CA Civil Law Code § 4935(b) The board shall adjourn to, or meet solely in, executive session to discuss member discipline, if requested by the member who is the subject of the discussion. That member shall be entitled to attend the executive session.
(c)CA Civil Law Code § 4935(c) The board shall adjourn to, or meet solely in, executive session to discuss a payment plan pursuant to Section 5665.
(d)CA Civil Law Code § 4935(d) The board shall adjourn to, or meet solely in, executive session to decide whether to foreclose on a lien pursuant to subdivision (b) of Section 5705.
(e)CA Civil Law Code § 4935(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.

Section § 4950

Explanation

If you're a member of a homeowners' association, you have the right to ask for a copy of the minutes from any board meeting (except private executive sessions) within 30 days of the meeting. You might have to cover the costs of getting these copies. Plus, each year, the association should tell you about your right to get these minutes and how you can request them.

(a)CA Civil Law Code § 4950(a) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any board meeting, other than an executive session, shall be available to members within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any member upon request and upon reimbursement of the association’s costs for making that distribution.
(b)CA Civil Law Code § 4950(b) The annual policy statement, prepared pursuant to Section 5310, shall inform the members of their right to obtain copies of board meeting minutes and of how and where to do so.

Section § 4955

Explanation

If you're part of an association and you believe the association has violated certain rules, you have the right to sue them for different types of court-ordered actions. You need to do this within a year of when the problem started. If you win, you'll get your legal fees and there might be a penalty fee against the association. However, if the association wins, they can't make you pay their costs unless they prove your case was baseless.

(a)CA Civil Law Code § 4955(a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues.
(b)CA Civil Law Code § 4955(b) A member who prevails in a civil action to enforce the member’s rights pursuant to this article shall be entitled to reasonable attorney’s fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation.