meetings

Started by JoseS2 • 2 replies • 1196 views

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JoseS2 (California)
Posts: 27

Posted:

In California it is required that notice be posted at least 4 days before a meeting in a common area. For all those in CA tell me this, If the board does not post the time and place and date of a regular meeting, can business be conducted or decisions be made? What is the reason behind this law. Just curious. Our association used to post but has not the last 2 meetings.

NancyL4 (California)
Posts: 60

Posted:

Board meetings require a 4 day notice. Committee meetings are not under the open meeting act and do not require notice. This is from section 1363.05 of the civil code.

(f) Unless the time and place of meeting is fixed by
the bylaws, or unless the bylaws provide for a longer
period of notice, members shall be given notice of the
time and place of a meeting as defined in subdivision
(j), except for an emergency meeting, at least four days
prior to the meeting. Notice shall be given by posting
the notice in a prominent place or places within the
common area and by mail to any owner who had
requested notification of board meetings by mail, at the
address requested by the owner. Notice may also be
given, by mail or delivery of the notice to each unit in
the development or by newsletter or similar means of
communication. The notice shall contain the agenda
for the meeting.

I believe the reason for this is to allow the members to attend the board meetings. The board should not be meeting unless the notice and agenda are posted 4 days in advance, except for emergency meetings which are allowed with no notice.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jose,

AZ also has an open meeting law, but only 48 hrs notice is required b/4 a board meeting can take place. The reason for the open meeting law is to ensure that all members of the assn can exercise their right to attend all meetings of the BOD. At least that is the intent of AZ' law. Our attorney general has issued several opinions stating that it is the right of every member of an HOA to attend meetings of the BOD. The state statutes governing HOA open meetings also give the member the right to speak b/4 an issue is voted on by the board.

If the board does not post a notice of the meeting, they can still meet; however they would be in violation of the law. Whether or not whatever action they take at an unposted meeting would be legal would be for a court to decide. Also, at least in AZ, it is legal for the board to post the dates of their meetings in a monthly or quarterly newsletter. Not all assn's have facilities where notices can be posted and mailings can be quite costly especially for large assn's.

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