Association GovernanceBoard Meeting
Section § 4900
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.
Section § 4910
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.
Section § 4920
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.
Section § 4923
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.
Section § 4925
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.
Section § 4926
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.
Section § 4930
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.
Section § 4935
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.
Section § 4950
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.
Section § 4955
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.