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California No Open Forum?

Started by NpB • 12 replies • 589 views

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NpB (Arizona)
Posts: 605
Posted:
California Civil Code 4925(b) states "The board shall permit any member to speak at any meeting of the association or the board, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board or before a meeting of the association shall be established by the board."

On the website below, under "Inviting Comments" it states that members do not have a legal right to participate in board discussions and that is at the discretion of the Board.

https://www.davis-stirling.com/HOME/Open-Forums

How do most HOA's in California handle membership comments at non-Executive Board meetings?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By NpB on 05/21/2020 1:42 PM
California Civil Code 4925(b) states "The board shall permit any member to speak at any meeting of the association or the board, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board or before a meeting of the association shall be established by the board."

On the website below, under "Inviting Comments" it states that members do not have a legal right to participate in board discussions and that is at the discretion of the Board.

https://www.davis-stirling.com/HOME/Open-Forums
Participating in board discussions is not the same as commenting when recognized in an open forum. These are not in conflict.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By AugustinD on 05/21/2020 1:48 PM
Participating in board discussions is not the same as commenting when recognized in an open forum. These are not in conflict.

Exactly.
NpB (Arizona)
Posts: 605
Posted:
Thus, in CA, do most HOA's not have an open forum section and instead allow members to speak during deliberations over an agenda item?
AugustinD
Posts: 5,144
Posted:
All the answers are here: https://www.youtube.com/watch?v=FLas2mqh0fQ
KerryL1 (California)
Posts: 14,550
Posted:
NpB sincerely asks: "Thus, in CA, do most HOA's not have an open forum section and instead allow members to speak during deliberations over an agenda item?"

No--just about the opposite.
NpB (Arizona)
Posts: 605
Posted:
Quote:
Posted By KerryL1 on 05/21/2020 2:33 PM
NpB sincerely asks: "Thus, in CA, do most HOA's not have an open forum section and instead allow members to speak during deliberations over an agenda item?"

No--just about the opposite.

Ok, so then whether the HOA holds a open Board meeting virtually (via Zoom for example), telephonically, or in person, there either must be an open forum period or owners can interject comments as Board members are discussing an agenda item?
MarkW18
Posts: 1,290
Posted:
You hopefully never plan on running for the board in your lifetime do you,
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By NpB on 05/21/2020 3:01 PM
Posted By KerryL1 on 05/21/2020 2:33 PM
NpB sincerely asks: "Thus, in CA, do most HOA's not have an open forum section and instead allow members to speak during deliberations over an agenda item?"

No--just about the opposite.


Ok, so then whether the HOA holds a open Board meeting virtually (via Zoom for example), telephonically, or in person, there either must be an open forum period or owners can interject comments as Board members are discussing an agenda item?

I believe Kerri means that the meeting usually has an op-ed forum where homeowners can make comments, ask questions, make suggestions or criticize association activity. After that, the business portion of the meeting begins and homeowners aren't allowed to speak of ask questions, although they may stay and listen to the proceedings.

Remember, board meetings are BUSINESS meetings, not a town hall meeting. Nothing would get done if they are constantly interrupted by homeowners objecting, making comment, etc. You have to get through the agenda items, otherwise you'll be there all night. At least this is the way my community does it and we aren't in California.

By the way, you do realize jumping up and saying something in the middle of a deliberation is rude, don't you?

There are some communities where there's will open forum at the beginning and near the end of the board meet in case people want to say something about what the board discussed.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Not this time, Sheila. NpB's citation in his OP IS about Open Forum, which is required at CA open board. meetings. AN Open Forum, obviously, NpB, is not a running commentary throughout the business portion of the meeting. CA boards can forbid any comments, etc. during this biz portion, as NpB can plainly see, Open Forum a is set-aside time for Owners. But NpB did read that. I'm a little worried about his reading comprehension abilities.

Or maybe he's confusing CA with AZ where I believe owners CAN comment on every agenda item during open meetings.
BenA2 (Texas)
Posts: 1,273
Posted:
It seems like you are confusing "participate in board discussions" with the open forum. We have the same rule. Members have no right to speak during the board discussion of agenda items but they can make whatever comments during the open forum.
NpB (Arizona)
Posts: 605
Posted:
Quote:
Posted By KerryL1 on 05/21/2020 5:55 PM
Not this time, Sheila. NpB's citation in his OP IS about Open Forum, which is required at CA open board. meetings. AN Open Forum, obviously, NpB, is not a running commentary throughout the business portion of the meeting. CA boards can forbid any comments, etc. during this biz portion, as NpB can plainly see, Open Forum a is set-aside time for Owners. But NpB did read that. I'm a little worried about his reading comprehension abilities.

Or maybe he's confusing CA with AZ where I believe owners CAN comment on every agenda item during open meetings.

California Civil Code 4925(b) states "The board shall permit any member to speak at any meeting of the association or the board, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board or before a meeting of the association shall be established by the board."

That statute never specifies "open forum." It would be logistically easier if the Board provided an "open forum" portion and the beginning or end of the meeting for owner comments.
KerryL1 (California)
Posts: 14,550
Posted:
NpB, you likely cherry-picked the wrong statute. Try again to carefully read the relevant statutes, or advice at the davis-stirling.com site.

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