Board & Member Meetings

Board Meetings

California statute contains specific requirements for homeowners associations’ Board meetings. Civil Code § 1363.05. Associations’ governing documents and other statutory requirements also regulate how Board meetings are to be noticed and conducted. Our Firm offers advice and assistance on all matters relating to Board meetings, including:

• Open session vs. executive session (closed) meetings. Advice re: what topics are appropriate for which type of Board meeting under California statute.
• Proper notice of meetings to directors and to owners.
• Preparation, approval, and availability of minutes of open Board sessions and of executive session Board meetings.
• Member participation in Board meetings. California statute authorizes owners to speak in open Board meetings, provided that the Board “shall … establish” a “reasonable time limit for all members of the association to speak” to the Board. This can be put in a comprehensive policy covering all aspects of member participation.
• Director conduct – policies for ethical duties, conflicts of interest, confidentiality, etc.
• General advice and assistance on all other issues relating to member voting and meetings.

Member Meetings

We can also provide offers advice and assistance on all matters relating to membership meetings and voting, including:

• As of July 2006, California statute requires certain member votes to take place by secret written ballot mailed to the owners, instead of at a meeting. Civil Code § 1363.03. The vote must comply with very specific procedures set out in statute. This applies to membership votes on election or removal of directors, assessment increases or imposition of special assessments above a specified amount, amendments to Bylaws or CC&Rs, and the granting of exclusive use common area pursuant to California Civil Code Section 1363.04. Contact us for advice on compliance or for appropriate forms for your association’s use.
• Section 1363.03 also requires associations to adopt election rules covering specific topics, including campaigns for Board elections and campaign funding. We can prepare membership voting rules that comply with this requirement and that provide step-by-step instructions for conducting a vote.
• General advice and assistance on all other issues relating to member voting and meetings.

For more information, please call us at 818-891-9504 or contact us online.