Open Meeting Act

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2016 Legislation - AB 1720 - 3rd Party Representation at Board Meetings

The Open Meeting Act requires associations to allow owners time to address the board at regular meetings. This bill would extend that right to any "representative" of a member of the association. The representative may be any 3rd party, including the member's attorney. The bill requires the member to give the association 48 hours advance written notice that their representative will attend, but does not require the member to identify the person by name or as an attorney.

ECHO opposes AB 1720.

Davis-Stirling Conversion Table

As of January 1st, the Davis-Stirling Act has been replaced by "New Davis-Stirling" - the renumbered and restated version of the laws that govern our communities. Both the new and old versions of the law are available here, on our The Law pages. We encourage you to browse through the new law to become familiar with the new locations of important provisions.

§5000 - Meeting Conduct

  1. Meetings of the membership of the association shall be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary procedures the association may adopt.
  2. The board shall permit any member to speak at any meeting of the membership of the association. A reasonable time limit for all members to speak at a meeting of the association shall be established by the board.

§4955 - Violation of Article

  1. A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues.

§4950 - Availability of Minutes

  1. The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any board meeting, other than an executive session, shall be available to members within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any member upon request and upon reimbursement of the association's costs for making that distribution.

§4935 - Executive Sessions

  1. The board may adjourn to, or meet solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member's request, regarding the member's payment of assessments, as specified in Section 5665.

§4930 - Restrictions on Meeting Content

  1. Except as described in subdivisions (b) to (e), inclusive, the board may not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was distributed pursuant to subdivision (a) of Section 4920. This subdivision does not prohibit a member or resident who is not a director from speaking on issues not on the agenda.

§4920 - Notice of Board Meeting

  1. Except as provided in subdivision (b), the association shall give notice of the time and place of a board meeting at least four days before the meeting.
    1. If a board meeting is an emergency meeting held pursuant to Section 4923, the association is not required to give notice of the time and place of the meeting.
    2. If a nonemergency board meeting is held solely in executive session, the association shall give notice of the time and place of the meeting at least two days prior to the meeting.

§4910 - Action Outside of a Meeting

  1. The board shall not take action on any item of business outside of a board meeting.
    1. Notwithstanding Section 7211 of the Corporations Code, the board shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in paragraph (2).

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