Open Meetings and Davis Stirling

Started by ThomasD2 • 12 replies • 2400 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ThomasD2 (California)
Posts: 208

Posted:

I'm in an HOA in Los Angeles, 22 units. The board is meeting with an attorney to discuss an HOA member who, most unfortunately, has never paid a single month of dues. I asked to confirm the date so I could post a notice announcing it. A board member said "we can keep this a closed meeting and don't need to post a notice."

I think they are wrong. But more importantly, can someone post the link to the appropriate part of the law that addresses this? Also, I assume this subject has been mentioned probably 8 million times here. (apologies.) Is there a link with an index to Davis Stirling where I can look up such questions myself? I figure there is enough repetition on this board already.
Tom

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Tom:

Here is a link to Davis-Stirling:

http://www.davis-stirling.com/#axzz1o4ge9o3r

You would want to potentially research the board utilizing Executive Sessions.

ThomasD2 (California)
Posts: 208

Posted:

Thanks this helps a lot, I'll hang on to the link.

Quote:

Posted By JanetB2 on 03/03/2012 9:11 AM
Hi Tom:

Here is a link to Davis-Stirling:

http://www.davis-stirling.com/#axzz1o4ge9o3r

You would want to potentially research the board utilizing Executive Sessions.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Hmmmm, my reply didn't appear, so I'll try again.

As Janet noted davis-sterling.com is invaluable. They have an excellent Main Index.

Matters involving individual owners must be discussed in Executive Session, UNLESS such owner requests it be at an regular (open) meeting. You most likely will be filing a lien against the delinquent owner. You'll discuss it in Executive Session and decide in the next regular meeting, referring only to the owner's APN#, not the name or address of the unit.

As of 1/1/12, per Davis-Sterling, Executive Session agenda items must be posted two days before the relevant meeting, but owners' names must not be included.

Read your governing documents. Procedures for call to hearing, fines, schedule of fines, late charges, etc. should all be in there. Ours are in our rules & Regs.

ThomasD2 (California)
Posts: 208

Posted:

Thanks for the clarification. Do you know where I can read about referring to an owner by assessor's number? I have heard of this, but it is rarely mentioned at our meetings . We routinely discuss HOA members by name and address. I don't think it is good practice, but know little of that law.

Quote:

Posted By CarolR11 on 03/03/2012 12:28 PM
Hmmmm, my reply didn't appear, so I'll try again.

Matters involving individual owners must be discussed in Executive Session, UNLESS such owner requests it be at an regular (open) meeting. You most likely will be filing a lien against the delinquent owner. You'll discuss it in Executive Session and decide in the next regular meeting, referring only to the owner's APN#, not the name or address of the unit.

As of 1/1/12, per Davis-Sterling, Executive Session agenda items must be posted two days before the relevant meeting, but owners' names must not be included.

Read your governing documents. Procedures for call to hearing, fines, schedule of fines, late charges, etc. should all be in there. Ours are in our rules & Regs.

CarolR11 (Colorado)
Posts: 2,563

Posted:

As someone else suggested below, go to davis-sterling.com, scroll down to Executive Session to see what may or must be discussed there.

APN#s are on the deed of every unit, which you HOA has a file of. It doesn't seem like you have a property mgr., so you'll need to look at the file yourselves. Your attorney who's coming to a meeting with the board to discuss a delinquent owner may have papers about this property.

ThomasD2 (California)
Posts: 208

Posted:

I did look through our CCR's and looked at the Davis Stirling website. I can't find mention of the policy that units are not supposed to be referred to by name or address. I've heard it mentioned here a number of times. We do have a property manager and can get the APN, but this policy has never been mentioned in a meeting.

Quote:

Posted By CarolR11 on 03/03/2012 5:17 PM
As someone else suggested below, go to davis-sterling.com, scroll down to Executive Session to see what may or must be discussed there.

APN#s are on the deed of every unit, which you HOA has a file of. It doesn't seem like you have a property mgr., so you'll need to look at the file yourselves. Your attorney who's coming to a meeting with the board to discuss a delinquent owner may have papers about this property.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Sorry, Thomas, I seem to have misled you.

Your board may state delinquent owners' names in an open meeting and even post those names. Your board decides whether you want to do this. Our HOA's policy, and I agree, is not to publicize names for a number of reasons. Check the many threads on Forum Search here for the pro/con debate on that topic.
Also see davis-sterling.com, Main Index, Assessment Collections for much more.

My main point was that hearings to fine owners for assessment delinquencies, violations of rules, etc., must be held in a closed executive session (unless the owner requests otherwise).

SusanW1 (Michigan)
Posts: 5,202

Posted:

Call your meeting. Motion to go into Executive session for the purpose of discussing homeowner dues delinquency at (address)

When you are in ES, you may use the person's name. Hopefully that person will even be there.

When you come out of ES, any action to be taken would then be by motion, and you again can use the address as an ID.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

There has been a running discussion about naming names. Some have even said it is illegal to do so in their state.

I say until the HOA takes legal action (say files a lien) it is probably best not to name anyone but I believe once a legal action is filed then it is public record so feel free to name names.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Thomas:

Another alternative is to utilize the Plat for your subdivision. On that official Plat which should be filed with the County Records generally each Unit is identified by a number.

ThomasD2 (California)
Posts: 208

Posted:

Thanks for the input. The postings here indicate the idea of referring to HOA members by assessor numbers is a matter of policy, not necessarily of law. Our CCR's do not mention the issue. I think my HOA should come up with a policy for the matter.

RichardP13 (California)
Posts: 1,767

Posted:

There are a couple of ways to disguise the identity of the delinquent owner. You can use APN #'s, account numbers or lot numbers. But, if anyone is willing to do the research, any identification of an owner can be discovered.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here