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TinoS (California)
Posts: 85
Posted:
We have been interviewing attorneys about doing a CC&R rewrite.

One of the attorneys that we recently interviewed reminded us (a three person board of a 16 unit HOA in California) about the open meeting rules. As well discussed here on this forum this is an extremely difficult law to comply to. Maybe really impossible. But we are going to try.

Up to this point we have been holding open meetings on no particular scheduleabout every three or four months, with one meeting in March for the annual meeting. Our bylaws state that we are supposed to send out a ten day notice, even though the current California law allows a 72 hour notice.

One of the board members suggests that we announce at the next open meeting that we are going to have open meetings every Tuesday night (or possible every 2nd and 4th Tuesday night) and see how that works out. He is suggesting this because he worries about liability for the board and we all agree that besides attempting to comply to the board we want to try to get as much member concensus as possible for our decisions.

My question: If we state a regular schedule does that meet our requirement to announce meetings in advance? Or would we still need to be sending out meeting announcements? Sending out meeting announcements has in the past meant printing and distributing to all resident owners the agenda placed at their front door and mailings both email and postal for the non-resident owners. If we are going to start meeting on a regular and very frequent basis I don't want to have to be distributing a lot more paper.

And it just occurs to me: if we have a lot more meetings does this mean a lot more meeting minutes will have to be distributed?

Tino
GlenL (Ohio)
Posts: 5,491
Posted:
If you are going to follow the open meeting law (which gets more complicated 01-01-12 when the new provisions take effect) then yes you need to follow your By-Laws and provide 10 day notice with agenda and what's a meeting without minutes.

Civil Code ยง1363.05.
(f) Unless the time and place of meeting is fixed by the bylaws, or unless the bylaws provide for a longer period of notice, members shall be given notice of the time and place of a meeting as defined in subdivision (j), except for an emergency meeting, at least four days prior to the meeting. Notice shall be given by posting the notice in a prominent place or places within the common area and by mail to any owner who had requested notification of board meetings by mail, at the address requested by the owner. Notice may also be given, by mail or delivery of the notice to each unit in the development or by newsletter or similar means of communication. The notice shall contain the agenda for the meeting.


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SusanW1 (Michigan)
Posts: 5,202
Posted:
For regular board meetings: "Unless the time and place is fixed . . ."

Set the time and place, announce it to all members and that should suffice as your "notice."

Think about it. It is not necessary to notice each meeting if it is on a regular, time and place, schedule.
JeffR7 (California)
Posts: 251
Posted:
If you meet on a regular day/time no additional notice is required. that's considered enough notice. You sill however need to provide an agenda.

Look into amending your bylaws where a written mail 10 days in advance is required. One option is to post a notice in an obvious and visible place (mailboxes, announcement board, etc.)
RichardP13 (California)
Posts: 1,767
Posted:
Tino

I think you are confusing some of the timelines. The 10 day notice is for annual meeting, not Board meeting. The requirement for posting an agenda for a Board meeting is 96 hours or 4 days and it should be posted in the common area of the complex, bulletin board by the mailboxes for instances. An option is to mail, if requested or email, but you need to post in the comon area.

The notice along with the agenda MUST be posted 96 hours before ANY open meeting of the Board. New Executive Session posting rules will take effect starting Janury 1, 2012.

Bottomline, to meet the requirement of Davis-Stirling, you only need to post the agenda 96 hours before the meeting in the common arfea of the complex and be consistent.

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