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RIGHT TO ATTEND
BOARD MEETINGS
Q:
I heard its the law that owners have a legal right to attend our
condominium association board meetings? So why won't the Board permit
us to speak at the meeting? How can I make sure I know when the meetings
are going to be held?
A:
The law to which you are referring is known as the "Open Meeting Act" provided
for in California Civil Code § 1363.05. This law was enacted
for several purposes. It clarifies when members of an association
are entitled to attend meetings of the Board of Directors. It also clarifies
a member's right to speak at such meetings and how notice of meetings of
the Board must be given to the community. However, there are some
common misunderstandings about
the law. Hopefully,
I can address some of these for you.
First, members are entitled
to attend regular meetings of the condominium or homeowners association's
Board of Directors. Association governing documents typically define
a "member" as an owner of a unit or lot within the Association. Thus,
while a Board may permit tenants to attend, a tenant would not automatically
be entitled, under the law, to attend or speak at a board meeting.
Secondly, the law distinguishes
between a member's rights to attend a regular board meetings as opposed
to executive session meetings. Executive session meetings can be
held by the Board in "closed" session and members can be excluded.
This is provided, of course, that the purpose of the executive session
falls within one of the categories authorized by law or the Association's
governing documents. For example, closed executive session meetings
can
properly be held by the
Board for the purpose of discussing litigation, personnel matters, the
formation of contracts with third parties or member disciplinary action.
The Board of Directors must
permit any member to speak at any association meeting or a regular board
meeting, except for executive session meetings. However, under the
"Open Meeting Act," the Board can establish and set a reasonable time limit
to allow members to speak. This time period is often commonly referred
to as the "Owner Forum" at most association board meetings. Remember
that the primary purpose of a Board of Director's meeting is to conduct
board business, so it is
not realistic or prudent to allow the "owner forum" time period to take
up the majority of the time allocated for the actual board meeting itself.
Unless your Association Bylaws
provide for a longer period of notice, members must be given at least four
days notice prior to a board meeting. Notice to the membership can
be given utilizing any one of the following options. Notice can be
posted in a prominent place in your Association's Common Area. Notice
can also be given by mail, by delivery to each unit, or by utilizing the
Association's newsletter. Emergency meetings of the Board are exempt
from this notice requirement. The Open Meeting Act authorizes an
emergency meeting of the Board when the meeting is called by the President
or any two Board Members of the Association, other than the President.
This is provided "there are circumstances that could not have been reasonably
foreseen which require immediate attention and possible action by the board,
and which of necessity make it impracticable to provide notice as required
by this section."
Overall, the best way to
have input in your community association is to consider serving on your
own Association's Board of Directors. Associations are often looking
for volunteers to serve on the Board or Committees of the Board.
Laura V. Kwiatkowski
is a member of the Community Associations Institute (CAI) and is a San
Diego attorney. Readers can visit the CAI website at www.cai-sd.org
and can get their condominium or homeowners association questions answered
by calling the Community Associations Institute at (619) 299-1376 or e-mail
at sdcai@aol.com or sending questions to: Condominiums, Homes, San Diego
Union-Tribune, P.O. Box 191, San Diego 92112-4106.
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