Living in a California community governed by a Homeowners Association (HOA) offers numerous benefits, such as maintained common areas and shared amenities. However, these advantages come with the expectation that HOA boards operate transparently and in accordance with state laws. Central to this is the Open Meeting Act (OMA), a provision of the Davis-Stirling Common Interest Development Act, which generally requires HOA board meetings to be open and accessible to all members (except for properly noticed executive sessions). This helps homeowners stay informed and participate in decisions affecting their community.
Understanding your rights under the OMA is important, especially when facing potential violations by your HOA board. For instance, if you've received a violation notice from your association, it's helpful to understand the procedures and member rights that may apply.

Importance Of The Open Meeting Act

Promoting Transparency

The OMA is intended to help ensure that HOA decisions are made openly, allowing homeowners to stay informed about matters affecting their community. By requiring that meetings be accessible and agendas be disclosed in advance, the Act supports an environment where members can observe and understand board actions.

Enhancing Accountability

By requiring that most HOA board deliberations occur in open sessions, the OMA helps hold board members accountable for their decisions. This openness may help deter misconduct and encourages boards to act in the best interests of the community.

Key Provisions Of The Open Meeting Act

Meeting Requirements

The OMA applies to various types of meetings, including:
Regular Meetings: Scheduled at consistent intervals, often outlined in the HOA's governing documents.
Special Meetings: Called to address specific issues requiring immediate attention.
Emergency Meetings: Convened in response to unforeseen circumstances that demand prompt action.
Each meeting type has specific notice and procedural requirements to help ensure member awareness and participation.

Notice and Agenda Protocols

HOAs must provide members with advance notice of board meetings, including a detailed agenda:
Regular and Special Meetings: At least four days' notice is generally required, delivered via methods permitted for "general delivery" (such as mail, posting, or electronic delivery if authorized), as specified in Civil Code §4920.
Emergency Meetings: Notice requirements may be waived if immediate action is necessary, per Civil Code §4923.
The agenda must clearly outline the items to be discussed or acted upon, helping ensure members are adequately informed.

Open vs. Closed Sessions

While the OMA mandates open meetings, certain topics may be discussed in closed (executive) sessions, including:
Litigation matters.
Personnel issues.
Disciplinary actions.
However, boards must adhere to the permissible topics for executive session and provide members with notice of such meetings at least two days in advance, as outlined in Civil Code §4935.

Access to Meeting Minutes

Transparency extends beyond the meetings themselves. HOAs are required to make meeting minutes available to members within 30 days of the meeting, as stipulated in Civil Code §4950. This provision allows homeowners to stay informed about board decisions and actions, even if they were unable to attend the meeting.

Legal Recourse For Homeowners

Understanding Legal Rights

Statutory Protections
Under California HOA laws, including the Davis-Stirling Common Interest Development Act, homeowners have statutory rights related to open meetings. If an HOA board violates the HOA Open Meeting Act, homeowners may be able to seek enforcement through a civil action. Per Civil Code §4955, a court may impose penalties of up to $500 for each violation and may also grant injunctive relief to prevent further violations. In appropriate cases, the court may also address attorneys’ fees and costs as provided by statute.
For additional background on these issues, see HOA disputes.

Preparing for Legal Proceedings

Documentation
Accurate and thorough documentation is important when addressing alleged OMA violations. Homeowners may consider:
Retain copies of meeting notices, agendas, and minutes.
Record instances where meetings were held without proper notice or agenda distribution.
Note any concerns about executive sessions or decisions made without an open meeting.
Collect correspondence related to denied access to meeting documents.
Legal Representation
Navigating the complexities of HOA legal rights California can be challenging. Consulting legal counsel familiar with California HOA law may be helpful to:
Assess the validity of the violation claims.
Evaluate potential remedies that may be available under the Davis-Stirling Act.
Represent a homeowner in alternative dispute resolution or court proceedings, where appropriate.

Ensuring Compliance In Future HOA Meetings

Strategies for Proactive Involvement

Community Engagement
Active participation in HOA activities can foster a culture of transparency and accountability. Homeowners are encouraged to:
Attend board meetings regularly.
Volunteer for committees or board positions.
Stay informed about HOA policies and changes.
Monitoring Compliance
Establishing oversight mechanisms can help encourage adherence to the Open Meeting Act. Strategies include:
Forming a compliance committee to monitor meeting procedures.
Requesting regular reviews of meeting notices and minutes.
Using publicly available resources (including the Davis-Stirling Act) to stay updated on legal requirements.

Building a Supportive Community Network

Collective Action
A united homeowner community can effectively advocate for transparent governance. Collective efforts may involve:
Organizing community meetings to discuss concerns.
Circulating petitions to address specific issues.
Collaborating to propose amendments to HOA bylaws that reinforce OMA compliance.
Educational Initiatives
Educating residents about their rights under the HOA Open Meeting Act can help them engage with HOA governance. Initiatives can include:
Hosting workshops or seminars on HOA governance.
Distributing informational materials outlining homeowner rights and responsibilities.
Creating online forums for discussion and information sharing.

Considering Legal Counsel For Open Meeting Act Concerns

Understanding California HOA laws and the HOA Open Meeting Act can be challenging. Learning about member rights and the enforcement process may help promote transparency and accountability within a community.
If a homeowner believes an HOA board has not complied with the Open Meeting Act, it may be helpful to gather relevant documentation, review the association’s governing documents, and consider whether to consult legal counsel about the circumstances.