articles by barry A. Ross

Are meetings of the Board of Directors of an association required to be open to the members?


Except for the case of executive sessions to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters or upon a member’s request regarding a member’s payment of assessments, all meetings of the board of directors must be open to the general membership.

Except for emergency meetings, all members must receive at least four (4) days prior notice of a meeting of the board of directors, unless a longer time period is required by the association’s governing documents. Notice must be given to the members by posting the notice in the common area and by mailing the notice to members at the address requested by the owner. Notice may also be given by delivery of the notice to each unit in the development or by newsletter or similar means of communication. The notice is required to contain the agenda of the meeting.

 

See also: Damon v. Ocean Hills Journalism Club (2000) 85 Cal. App. 4th 468 which held that the board of director’s meeting was a “public forum,” within the meaning of SLAPP statute (Code of Civil Procedure section 425.16); SB Liberty, LLC v. Isla Verde Association, Inc. (2013) 217 Cal. App. 4th 272 which held that the association may prevent an owner’s attorney from attending a meeting of the board of directors.