Board Comments on Non-Agenda Items at Open Meetings
Civil Code Section 4930
Summary of Comments Allowed at Open Board Meeting
on Topics Not Listed on Agenda Disclosed to Owners
| Party Speaking | Discussion re: Item Not on Agenda | When Allowed |
|---|---|---|
| The Board and its agents | – Brief response – Question for clarification – Brief announcement – Brief report on their activities | In response to owners’ statements or questions at the meeting |
| The Board and its agents | – Question for clarification – Brief announcement – Brief reports on their own activities | On their own initiative |
| The Board | – Provide a reference or other resources for factual information – Request a report back to the Board at a subsequent meeting – Direct someone to place item on a future agenda – Direct someone to perform administrative tasks necessary to carry out the Open Meeting Act’s agenda restrictions | Addressed to the Board’s agents |
| The Board | Discuss or take action on an item of business not on the agenda, but only after the Board openly identifies it to the owners attending the meeting | – At the meeting, a majority of the directors present determine that an “emergency situation” exists – This is defined as being where reasonably unforeseen circumstances require immediate attention and possible action by the Board, and where it is impracticable to provide four-day notice |
| The Board | Discuss or take action on any item of business not on the agenda, but only after the Board openly identifies it to the owners attending the meeting | – At the meeting, at least 2/3 of the directors present agree there is a need to take immediate action and that the need for action came to the Board’s attention after the agenda was posted and distributed – If 2/3 of the directors are not present, this Board vote must be unanimous – (This differs from an “emergency situation” in that the Board’s lack of knowledge may not have been due to “reasonably unforeseen circumstances”) |
| The Board | Discuss or take action on any item of business not on the agenda, but only after the Board openly identifies it to the owners attending the meeting | The item appeared on an agenda that was posted and distributed for a prior Board meeting that was held 30 or fewer days before the current meeting and, at the prior meeting, action on the item was continued to the current meeting |