Condo Board of Directors Subject to the Brown Act?

Here in Santa Barbara, CA, we are being told by one attorney that our Condominium Association Board of Directors must abide by the Brown Act and by another attorney that the Brown Act only applies to Government Legislative Bodies. Does anyone have any experience with this issue?

Laura,

The Brown Act only pertains to public bodies, i.e. city councils, school boards, etc. HOAs are bound by the Davis-Stirling Act which contains an open meeting act. BTW, attorney's don't always know what they're talking about!

Thank you for the great information. I'm new to all of this and am trying to verify the information I'm receiving from feuding parties. So here's my real question. One of the members of our Association became irate because the landscaping in front of her property was completely removed. She has hired a landscape architect and has invited the Board and interested neighbors to hear what the landscape architect has to say. Can all members of the Board attend this meeting?

IMHO - she should have requested time in front of the board, had her "expert" present the recommendations, and asked for a motion to accept the plan.

As it is now, her "meeting" is nothing more than a social gathering where no decisions can be made.

Everything said will have to be repeated and go through the board, anyway.

Tim

Sorry, but your answer is not correct, at least not in AZ. The AZ open meeting law states that all meetings of the board must be open to members. A meeting occurs when a quorum of the board are together and discuss assn business whether a vote or any action is taken or not. This is what the Davis-Stirling website has to say about the definition of "meeting":

"Not all gatherings of directors are automatically deemed "meetings" of the board. Board meetings are defined by the Davis-Stirling Act as a gathering of a majority of directors at the same time and place to hear, discuss, or deliberate upon any item of business scheduled to be heard by the board, except those matters that may be discussed in executive session. Civil Code §1363.05(j)."

If this member was meeting with a landscape architect for an informal discussion about landscaping then all the board members could attend and a meeting notice would not be required. However, IMO, this is not the case. This member has a dispute with the BOD and I would guess the landscape architect has been invited to support her opinion; therefore it is much more than an informal meeting to discuss landscaping and, IMO, the meeting should be noticed.

Thank you.

Thank you.

In CA boards can do whatever they want because it will cost you dearly to prove your point. First there is an Internal Dispute Resolution process and if that isn't sucessful then you must participate in an Alternative Dispute Resloution Process where the matter is heard by an independent arbirtrater which costs are paid by each party. This must first be completed before a judge will hear the case in court. If you loose in court you could end up paying the others sides leagal fees.

Wheres the justice? That's right there isn't any.

Excuse my spelling, I'm a spell check addicit and haven't found one here yet.