Mystery meetings keep owners clueless

Question: My homeowner association board of directors changes meeting dates and locations at will and doesn’t let people know. The directors have even changed the bylaws several times without owners knowing it. The board’s tactics have confused owners enough so that few show up at meetings. Those of us who attend find that the board brings up topics that aren’t on the agenda. Is there a way to make the board tell us in advance when and where the meeting will be and what will be discussed?

Answer: When meetings are held and how homeowners are notified is part of what is covered in the Davis-Stirling Act. Recent changes to Civil Code Section 1363.05, the so-called Open Meeting Act that took effect Sept. 26, reinforces those practices. However, the Legislature failed to provide owners with an easy avenue for redress and failed to provide penalties for boards that break this law.

The definition of “meeting” did not change -- a meeting is any congregation of a majority of the members of the board at the same time and place to hear, discuss or deliberate upon any item of business scheduled to be heard by the board, except those matters that may be discussed in executive session.

The notice period, four days, remains the same. For the notice to be effective, the recipient must receive the notice four days before the meeting date. If the meeting date or place is changed after the notice has been distributed, a new notice must be distributed.

Added to the code: All meeting notices must contain meeting agendas, and boards may not discuss or take any action on items not on the agendas distributed to the homeowners.

Owners may speak on issues not on the agenda, and if the board has a designated staff member or managing agent, that person may briefly respond to statements or questions posed at a meeting. Boards may take action on items not on the agenda if a majority of directors at the meeting decides an emergency situation exists that requires immediate attention or if two-thirds of the board (or all members present if less than two-thirds of the full board is present) vote on a need for action on something that came to their attention after the agenda was posted and distributed. However, the board can take action on an agenda item from a duly noticed meeting that was held within the previous 30 days.

Also of note: Association boards have a duty to provide timely minutes to those who request them. If they do not, homeowners may take their board to Small Claims Court. A penalty of $500 can be assessed against the board for each violation of a request for the minutes.

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Send questions to P.O. Box 11843, Marina del Rey, CA 90295 or e-mail [email protected].