Open Meeting Act Question

Started by KrisS1 • 7 replies • 923 views

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KrisS1 (California)
Posts: 12

Posted:

My first post - love this forum already ... so much great information!

The association that I'm a part of (board member) is in southern California. We recently had an election with some new board members. I am aware of the Open Meeting Act and that when 2 or more board members get together to discuss board business it is considered a "meeting". So, when that happens and it's not a "legitimate" meeting, what happens then? Are the board members who had the "secret meeting" reprimanded or ????

RichardP13 (California)
Posts: 3,868

Posted:

Welcome Kris

The rule is not when 2 or more get together but rather a majority of Board members.

Unfortunately, your post is vague as you describe having an election and you reference an Open Meeting, which are two different event.

Can you be a little more clear on what transpired?

KrisS1 (California)
Posts: 12

Posted:

Sorry Richard. New to the forum and I guess I need to learn to be more clear here.

A majority of board members got together and discussed board business without letting the remaining board members know about it.

KerryL1 (California)
Posts: 14,550

Posted:

Welcome to HOATalk. So, Kris, you're a Board of three? What size is your HOA?

It sounds like you were the one left out? Are a new director? If the two who violated the CA Open Mtg. Act are new, my tendency would be just to have a little chat in executive session with them about obligation to abide by the I Open Meeting Act. Ideally it would be led by your property mgr if you have one. If not, perhaps you can distribute the relevant statutes about the Open Mtg. Act to your fellow directors.

In addition, does your Board have a Code of Ethics or Commitment Pledge? Is there any training or orientation for new directors?

If you're not familiar with it, davis.stirling.com a is a wonderful resource for those in CA HOAs. Visit it and go to Open Meeting Act or anything else in their Index that interests you.

Btw, the One Mtg. Act isn't to protect directors form one another re: secrecy, but to permit Owners at open meetings to see and hear the debates that lead to the board to make decisions,

KrisS1 (California)
Posts: 12

Posted:

Hi Kerry. Thank you for the warm welcome.

We have 125 condos in our community.

I'm not a new director but there are three new directors that met and discussed board business. Two board members were not included in the meeting.

The "offenders" were notified of their "error" but are apparently continuing to communicate board business via e-mails and meetings.

No Code of Ethics or Commitment Pledge. The association doesn't have a property manager so there is no "official" training or orientation, unfortunately.

Thanks for the link to davis-stirling.org.

KerryL1 (California)
Posts: 14,550

Posted:

Well, Kris, sounds like an unfriendly situation. I still think you need to put this general topic on an executive session agenda, give them the appropriate citations, and request they cease and desist with their unlawful behavior. Get on the record in the minutes.

However unpleasant it feels to be left out, what's more important is that they, as a quorum of your Board, can basically make decisions outside of open meetings. They decide in advance behinds owners' backs, and simply vote with no discussion or debate.

Who's the president, does s/he have the authority to phone your HOA attorney? It might be worth it for her/him to give your board a one-hour training session about the Davis-stirling Act in general, and Open Meeting Act in particular.

How is it you know about their secret meetings? Can you say anthing about the topics in general?

KrisS1 (California)
Posts: 12

Posted:

It was evident in e-mails that the group was together and also the other Board member managed to "interrupt" them when they were meeting.

The Board is meeting to go over Davis-Stirling and some other director responsibilities as well.

Thank you for the information you provided - much appreciated!

KrisS1 (California)
Posts: 12

Posted:

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