CA Open Meeting Act

SB 528, Aanestad. Common interest developments: open meetings.
Existing law requires that a common interest development be managed
by an association. The Common Interest Development Open Meeting Act
provides that any member of the governing association of a common interest
development may attend meetings of the board of directors of the association,
except as specified. The act also requires that notice of the time and place
of a meeting be given to members at least 4 days prior to the meeting, except
in the case of an emergency meeting, as described.
This bill would require the above notice to contain the agenda for the
meeting. It would prohibit the board of directors from discussing or taking
action on any item at a nonemergency meeting unless the item was placed
on the agenda included in the notice. The bill would provide that these
provisions do not prohibit a resident who is not a member of the board from
speaking on issues not on the agenda. The bill would also permit the board
of directors, an agent of the board, or a member of the board’s staff, to
briefly respond to statements made or questions posed by a person speaking
at a meeting, ask a question for clarification, make a brief announcement,
or make a brief report on his or her own activities, as specified. The bill
would further permit the board of directors or a member of the board of
directors, subject to rules or procedures of the board of directors, to provide
a reference or factual information to its managing agent or other agents or
staff, request its managing agent or other agents or staff to report back to
the board of directors at a subsequent meeting or to place a matter of business
on a future agenda, or direct its managing agent or other agents or staff to
perform administrative tasks that are necessary to carry out these provisions.
This bill would also permit the board of directors to take action on any item
of business not appearing on the agenda posted and distributed if (1) a
majority of the board of directors present at the meeting determines that an
emergency situation exists, (2) the board determines, by a specified vote,
that there is a need to take immediate action and that the need for action
came to the attention of the board after the agenda was posted and
distributed, or (3) the item appeared on an agenda that was posted and
distributed for a prior meeting that occurred not more than 30 calendar days
before the date that action is taken on the item and, at the prior meeting,
action on the item was continued to the meeting at which the action is taken.
The bill would require the board, before discussing any item pursuant to
these provisions, to openly identify the item to the members in attendance
at the meeting. The bill would make technical changes.