Q: This question is about Board Meetings of an HOA in California. This particular Board does not ever hold open meetings.
Every meeting is an Executive session once per month where decisions are made and members are not allowed. Minutes are not accessible accept by request to inspect. I thought Boards must have open meetings and make a move to adjourn to an executive meeting at the end or beginning of an open meeting? Executive sessions are to discuss sensitive issues such as litigation, contracts, discipline etc. This board holds an executive meeting once per month where business is conducted and decisions are made. The sensitive is mixed with every other topic.
Members are only allowed at bi-monthly general meeting where reports are given, minutes are taken and posted. Members can speak for up to 3 minutes.
This is a non profit mutual benefit corporation mobile home park also following Ca State Mobile Home Residency laws. Are these Executive Meetings legal as described?
A:
Thank you for your question!
Under the Common Interest Development Open Meeting Act, most meetings of the board of a community association must be open to attendance by the association's members (excluding exceptions). The board must keep meetings at least once or month.
Members must be allowed to speak at any meeting of the association or the board, except for meetings of the board held in executive session. The Board needs to establish a reasonable time limit for all Members.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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A:
Under California law, homeowners' association (HOA) boards are required to hold open meetings where members can attend and participate. The specific laws governing HOA meetings in California are found in the Davis-Stirling Common Interest Development Act (Civil Code Sections 4000-6150).
According to Civil Code Section 4910, HOA boards must hold open meetings and allow members to attend and speak during a designated portion of the meeting. The board can adjourn to an executive session to discuss sensitive matters, such as litigation, contracts, member discipline, or personnel issues, as outlined in Civil Code Section 4935.
However, the board cannot conduct all of its business in executive sessions. Decisions on matters not specifically allowed in executive sessions must be made in open meetings. Minutes must be taken at open meetings and made available to members within 30 days (Civil Code Section 4950).
Based on the information provided, it appears that the HOA board in question may not be following California law by conducting all of its business in executive sessions and not holding open meetings. While executive sessions are permitted for specific sensitive topics, the board must still hold open meetings to discuss and decide on other matters, with minutes made available to members.
If you believe your HOA board is not complying with California law, you can raise your concerns with the board, consult with an attorney specializing in HOA law, or file a complaint with the California Department of Real Estate.
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