Written By Kelly G. Richardson
Q: Before our monthly board meetings, agendas are provided to each owner the week before the meeting. Occasionally the board schedules a special open meeting. We know that agenda notification for a special open meeting must be provided to the community four days before the meeting. What is “four days”? Does it need to be posted four, full 24-hour days? Does the agenda have to be delivered to each owner or is posting on a bulletin board sufficient? — E.K., Oceanside
A: Civil Code Sections 4920(a)(d) and 4930(a) require that agendas be posted four days before the board meeting and prohibit board discussions on items not disclosed (with some exceptions based on urgency).
However, the statute does not say that four days means 96 hours. So, absent further guidance from the legislature or courts, a notice could be posted less than 96 hours before a meeting, so long as it is four calendar days before the day of the meeting.
Board meetings are not required to be individually announced to each member. Per Civil Code Section 4920(c), the announcement is by “general delivery.” General delivery per Civil Code Section 4045 includes (among other methods) posting the announcement in the location announced by the HOA for notices. Starting in 2022, that location may include the HOA’s website.
Q: What, if any, significance is there when a board fails to comply with a requirement such as posting an agenda four days before a board meeting? Is the only recourse to elect a new board and hope they’ll do a better job? — B.H., Alhambra
A: A board not posting agendas cannot do anything in the meeting except deal with emergencies and hold an open forum.
Civil Code Section 4930(a) is quite clear: “…the board may not discuss or take action on any item… unless the item was placed on the agenda…” A failure to…
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