California HOA Open Meeting Laws: Homeowner Rights And Board Obligations

Homeowners in California have legal rights when it comes to their homeowners' association (HOA) meetings. These rights are designed to ensure transparency, fairness, and accountability within the management of HOA affairs. If you live in a common interest development, it's crucial to understand how the law protects your ability to participate in these meetings. This article will break down California HOA open meeting laws, including homeowner rights, board obligations, and how you can take action if those laws are violated. At LS Carlson Law, we're committed to helping homeowners protect their rights in these situations.

Understanding the California HOA Open Meeting Laws

California's open meeting laws, primarily governed by the Davis-Stirling Act, ensure that homeowners have access to HOA board meetings and the decisions made therein. The laws also clarify the requirements for board meetings, notices, and participation. Specifically, the California HOA meeting requirements mandate that meetings be open to homeowners, ensuring they can stay informed about how their community is managed.
The Open Meeting Act, a key provision of the Davis-Stirling Act, requires that HOA boards hold regular meetings that homeowners can attend and observe. These meetings are to be properly noticed, meaning the notice of meetings must be given in advance, typically at least four days before a regular meeting. These notices must include the agenda and any relevant documents, so homeowners know what will be discussed. If an emergency meeting is called, however, the notice period may be shorter, but the meeting must still be open and transparent.

Homeowner Participation in HOA Meetings

One of the core protections of the California HOA open meeting laws is the right of homeowners to participate. While the specifics can vary by community, generally, homeowners can attend meetings, speak during certain portions of the meeting, and even submit written comments on agenda items.
Homeowners should be aware of HOA teleconference meeting rules, which allow for virtual meetings. These rules ensure that homeowners who cannot attend in person still have the opportunity to participate remotely. This is especially important for those with mobility issues, or for those who live in areas with limited access to the HOA meeting location.
When it comes to HOA executive session rules, there are some exceptions to open meetings. The board can hold an executive session, which is a private meeting not open to the general membership, but these sessions are limited to certain matters, such as legal issues or personnel matters. Any decisions made in executive session must still be disclosed to homeowners in the form of meeting minutes once the session is adjourned.

Key Requirements for HOA Board Meetings

Under California Civil Code, HOA boards are required to follow specific procedures for holding meetings. This includes providing homeowners with proper notice, maintaining accurate meeting minutes, and adhering to established rules such as Robert's Rules of Order for orderly conduct.
HOA meeting procedures are designed to ensure transparency and fairness. For example, a board meeting agenda must be made available to homeowners before the meeting, so they know what issues will be addressed. This ensures that homeowners can adequately prepare for the meeting and participate meaningfully in discussions.
If an Open Meeting Act violation occurs, such as a board failing to provide proper notice or conducting business in private without valid reasons, homeowners can seek legal remedies. They may be able to bring a civil action against the board or request that the board correct its actions.

What Happens if the Board Violates the Open Meeting Laws?

If an HOA board violates the Open Meeting Act or other California HOA meeting requirements, homeowners have several options for addressing the violation. One option is to request that the board take corrective action, such as holding a new meeting or disclosing previously undisclosed information. Homeowners may also bring legal action if the violation resulted in harm, such as the board making decisions that impact property values or community interests.
For instance, if the board failed to follow proper procedures for meeting notices or held a meeting without proper notice, the board may be required to redo the meeting or disclose the decisions made in that meeting. In extreme cases, a court may impose a civil penalty or other legal remedies to ensure that the board follows the law.

Dispute Resolution Options

If you're facing issues with your HOA board not following meeting rules, dispute resolution may be necessary. The California Association of Homeowners Associations and other organizations offer resources and guidance for resolving conflicts between homeowners and HOA boards. Additionally, homeowners can seek legal advice and assistance from law firms like LS Carlson Law to ensure their rights are protected.
In cases of delinquent accounts or disputes over Covenants, Conditions, and Restrictions (CC&Rs), HOA boards must also follow due process during meetings. Homeowners should have the opportunity to challenge any decisions made, especially those that affect their financial obligations or property rights.