California HOAs are often non-profit mutual benefits corporations. Private corporations can meet in private. HOAs must meet in public. An HOA can meet in private in limited circumstances. In these cases the Board will give notice of an “Executive Session”
Common Interest Development Communities (HOAs like TSRA and BHHA) are subject to the OPEN MEETING ACT. The California Open Meeting Act is at: Civil Code § 4900-4955 “The Common Interest Development Open Meeting Act”.
HOAs also have “governing documents” with provisions that govern their activities:
- Articles of Incorporation
- Bylaws
- CCRs (Covenants, Conditions & Restrictions)
There might also be “rules” that follow the above governing documents that the Board has approved. These documents should be online, or available from your HOA in booklet form.
The Board’s open and closed meetings require “notice” to members, a “quorum” etc. There are Open Meetings, Special Meetings, and Executive Sessions. These should be described in your HOA’s governing documents.
OPEN SESSION: All meetings of the HOA Board, excluding executive sessions, shall be open to all members. Members are given the opportunity to speak and express their views on agenda items prior to the Board’s vote on such items. A Board can establish a reasonable time limit for members to speak, and determine the time, or times, at which members are allowed to speak.
EXECUTIVE SESSION: The Board may, with the approval of a majority of their members, meet in executive session to discuss matters that require confidentiality:
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
[SEE California Civil Code § 4935 and your HOA’s governing documents]
The MINUTES of a Board meeting, other than Executive Session, “shall be available to members within 30 days of the meeting”. § 4950(a)
“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.” § 4950(c)
“A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association……within one year of the date the cause of action accrues.” § 4955(a)
[This blog is not legal advice; see your attorney if you need advice.]