Homeowners in California have legal rights when it comes to their homeowners' association (HOA) meetings. These rights are intended to promote transparency, fairness, and accountability in the governance of common interest developments. If you live in a California HOA, it is important to understand how state law addresses your ability to attend and observe board meetings. This article explains California HOA open meeting laws, including general homeowner rights, board obligations, and available options when those requirements are not followed.

Understanding the California HOA Open Meeting Laws

California’s open meeting requirements are primarily governed by the Davis-Stirling Common Interest Development Act. These provisions are designed to ensure that association business is conducted openly and that homeowners have access to information about board decisions. In general, HOA board meetings must be open to the membership, subject to limited statutory exceptions.

The Open Meeting Act portion of the Davis-Stirling Act requires boards to provide notice of regular meetings in advance, typically at least four days before the meeting. The notice must include an agenda that identifies the items of business to be discussed or acted upon. Emergency meetings may be called with shorter notice under specific circumstances, but those meetings are still subject to statutory limitations and transparency requirements.

Homeowner Participation in HOA Meetings

California law allows homeowners to attend board meetings and observe the board’s deliberations. Associations must also provide homeowners with an opportunity to speak during meetings, subject to reasonable time limits and procedural rules adopted by the board.

HOA boards may also conduct meetings by teleconference or other electronic means when permitted by law. When remote participation is allowed, associations are required to provide members with a means to attend and observe the meeting consistent with statutory requirements.

Boards may hold executive sessions that are not open to the membership, but only for specific purposes identified by statute, such as pending litigation, member discipline, personnel matters, or certain contract negotiations. While executive session discussions are confidential, boards are generally required to report certain actions taken in executive session in the minutes of the next open meeting, without disclosing privileged or confidential details.

Key Requirements for HOA Board Meetings

Under the California Civil Code, HOA boards must comply with procedural requirements related to meeting notices, agendas, and minutes. Agendas must be made available to members before the meeting, and boards generally may not take action on items that were not properly noticed, except in limited circumstances allowed by law.

Meeting minutes must be prepared and retained as association records. These minutes typically summarize actions taken by the board but are not required to include verbatim discussions. While some associations choose to follow parliamentary procedures, such as Robert’s Rules of Order, California law does not mandate the use of any specific procedural system unless required by the governing documents.

If an association fails to comply with open meeting requirements, homeowners may request that the board address or correct the issue. In some situations, statutory remedies may be available, depending on the nature of the violation and whether required procedural steps are followed.

What Happens if the Board Violates the Open Meeting Laws?

When a board does not comply with California open meeting requirements, homeowners may raise the issue with the association and request corrective action. This may include asking the board to reconsider or re-notice a decision that was made without proper notice or outside of an open meeting.

In certain circumstances, California law allows homeowners to pursue formal enforcement options, which may include alternative dispute resolution or court proceedings, depending on the facts involved. Available remedies and outcomes can vary based on the specific violation and the association’s response.

Dispute Resolution Options

Disputes involving HOA meeting procedures are often addressed through internal dispute resolution (IDR) or other informal processes outlined in the governing documents or required by statute. These processes are intended to provide a structured way for homeowners and associations to address concerns without immediately resorting to litigation.

Issues involving assessments, disciplinary actions, or CC&R enforcement must also comply with procedural and due process requirements. Homeowners generally have the right to notice and an opportunity to be heard before certain actions are taken by the board.

Addressing HOA Meeting Concerns

California homeowners are entitled to association governance that follows the procedures set forth in the Davis-Stirling Act. Understanding those requirements can help homeowners identify potential issues and evaluate appropriate next steps when concerns arise. Information about the law can be an important first step in determining how to address HOA meeting practices that may not comply with statutory requirements.