Meeting Notice

A meeting without proper notice is an invalid meeting, with all votes by the Board also being invalid.

The meeting should not be called to order.

A member could request to be recognized at the beginning, stating something like: "Point of order. The Bylaws require 10 days notice for a Board meeting. Only four days notice were given. Because of improper notice, I understand all decisions made today by the board will be invalid under the law. I ask the Board to adjourn this meeting."

If the Board continues the meeting, file a complaint and ask for IDR.

State statues apply, not Bylaws.

I agree with you that notice is not proper. This is because of Civil Code 4920:

Civil Code §4920. Notice of Board Meetings.

(a) Except as provided in subdivision (b), the association shall give notice of the time and place of a board meeting at least four days before the meeting.

(b)

(1) If a board meeting is an emergency meeting held pursuant to Section 4923, the association is not required to give notice of the time and place of the meeting.

(2) If a nonemergency board meeting is held solely in executive session, the association shall give notice of the time and place of the meeting at least two days prior to the meeting.

(3) If the association’s governing documents require a longer period of notice than is required by this section, the association shall comply with the period stated in its governing documents. For the purposes of this paragraph, a governing document provision does not apply to a notice of an emergency meeting or a meeting held solely in executive session unless it specifically states that it applies to those types of meetings.
(c) Notice of a board meeting shall be given by general delivery pursuant to Section 4045.

(d) Notice of a board meeting shall contain the agenda for the meeting.

-- https://www.davis-stirling.com/HOME/Statutes/Civil-Code-4920

Where are your notices posted? This information is also required to be sent with the Annual Disclosures and Policy Statements.

I deal with a number of HOA's with old governing documents, some as as old as 40 years. While the number of days for posting an agenda has remained constant of 4 days for Open Board meetings, the number of days for a annual meeting has changed because secret ballots must be mailed 30 days prior to the meeting, therefore 10 days not longer applies, unless of course, no election is being held.

I send notice of Annual meetings out almost 120 days for the meeting itself to comply with new election rules. This technically is in violation of Corporation Code §7511a, which is 10 and 90 days.

Do you know what type of meeting is being held, Board or Member (Annual)?

Yup, this is for a meeting of the owners (a.k.a. members of the association), not the Board.

Please quote what, if anything, the Bylaws say about what notice is required for Board meetings. So far this thread offers no evidence the Board is violating the notice requirements for board meetings. If the board is, then during the open forum section of the board meeting, a member could state, "Point of order... " as I describe above and see if the Board will consider this Point of Order.

"Point of Order" for what? Board meetings, unlike Annual Meetings, are not required under Civil Code §5000(a), to be conducted using any form of parliamentary procedure.

Thanks for the quotation. As suspected, you cited the posting requirement for a meeting of the members. This usually is your annual meeting and election. Meetings of members are NOT board meetings.

Review your Bylaws again for requirements for BOARD meetings. Board meetings and Members meetings usually are in two different places in Bylaws. If your Bylaws are silent, refer to: "Civil Code §4920. Notice of Board Meetings. (a) ... the association shall give notice of the time and place of a board meeting at least four days before the meeting." (Thanks, Augustin) This is the notice requirement. An agenda must be included. Visit the website Augie cited!

If your BOARD meeting is, say, Th. 5pm, the notice & agenda must be posted by 5pm Sunday. They are NOT required to be mailed. They may be posted in your common area somewhere. Our PM sends an eblast 4 days (96 hours) notice in advance. If your PM is the only person who posts such notices and does not work on Sunday, s/he MUST post the notice sooner, say Friday before leaving for the weekend. Later is NOT all right.

So if your PM has been posting board meeting notices legally, that's the reason your insistence on four days has been ignore. Often PMs do not like to criticize or correct board members so yours may have just not complied. If the PM refuses to post 4-days notice, place on your next meeting's agenda a directive to the PM from the Board demanding that the Civil Code be followed re: this topic and have your fellow board members vote on it. This does show owners that your board does want to be open with them.

It is true that as a board ember it's on you to learn more about CA HOAs and your own governing documents. It's also very good that you/your Board wants better communication with your members,

Sentence in my last post to Jill should read: "So if your PM has been posting board meeting notices legally, that's the reason your insistence on TEN days has been ignored."

To follow Augustin: Since Jill IS a board (assembly) member, at a meeting of the Board, without the item being on the agenda, I think she could interrupt at the beginning and call "Point of Order! this meeting is not valid because Owners were not given 4-days notice."

But this is if Jill and the Board really want to postpone it and its business to another day, etc. I think it'd be friendlier all around if Jill or another director offered to timely post the notice and agenda for the PM if feasible.

How does this change the fact that you behave like a jerk much of the time? Are you drinking and posting?

Max & Augustin. Please stop this incessant bickering! It never serves the posters who seek guidance from this forum.

I agree.

I do agree, Augustine that you seem to be Max's favorite target these days. I also know, from past experience with his attacks against me, that in general, Max "starts it." Maybe we can just (and solely) cite a good valid source. Period?

STANDING OVATION.

Oh,Augstine, I just meant solely cite the source w/o further comments no matter how poor Max's writing is, or how rude and disrespectful he is to some of us.

How poor my writing is, really?

Here is a link for a spell check for Chrome: https://chrome.google.com/webstore/detail/spell-checker-for-chrome/jfpdnkkdgghlpdgldicfgnnnkhdfhocg?hl=en

Amen. The only reason that I can think that two people would continue to piss on each other over and over and over again is because the must enjoy it. To each their own I suppose.