California HOA's Have A NEW Agenda Law!!!

California has amended Civil Code Section 1363.05 to include a new agenda provision. The recently signed amendment to the Common Interest Development Open Meeting Act requires among other things that a Board cannot "discuss or take action on any item at a non-emergency meeting unless the item was placed on the agenda included in the notice that was posted and distributed pursuant to subdivision(f)." 1363.05(i)(1). Subdivision (f) covers the notice requirements for Board meetings.

It is clear that this new rule does not apply to emergency meetings. The statute provides the following as to what is generally required for an emergency meeting "[a]n emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice." Civil Code 1363.05(4)(i).

So, what does all this mean? It means that members of the Board should become familiar with the new agenda law and implement it ASAP. There are other exceptions to the agenda meeting notice law that should be addressed with either legal counsel or board members to ensure compliance with the new rule.

Homeowners Association (HOA) Attorney
Note: The information contained is not legal advice and does not establish an attorney-client relationship. Contact us via email Ryan.McClure.Esq@gmail.com, website: http://www.rpmcclurelaw.com/, or call us at 951.818.0687