Posting Agendas: To Post or Not to Post?

A common question we get with new (to us) Associations is "Do we have to post the Agenda? Can't we just email everyone?" The answer is always a definitive: 'No.' In essence, posting is mandatory by law! Davis-Stirling states that the Agendas for Special Meetings, Regular Open Meetings, Executive Sessions, and the Notice of a Hearing must be posted in a conspicuous location in a common area of the Association. Emailing the agenda is also a must, so that off-site Homeowners can get notification of a meeting or hearing. Most of the time, the mailbox banks is the best location as residents tend to visit that location on a daily basis. Elevators are a good locus as well.

The Common Interest Development Open Meeting Act (the “Open Meeting Act”) mandates “posting the notice in a prominent place or places within the common area . . .” Civil Code §4920.

Now, there are exceptions: A Special meeting only requires 2 days notice, and in some cases: the Executive Session. However, some Boards will stretch the elasticity of the exception for Executive Sessions, because really? its still four days for most cases. A 2 days notice for an Executive Session is only truly allowable if a topic is not an emergency, but is still urgent enough that a four days wait may be detrimental to the Association. In other words, it may not be used for legal updates, for instance. And, of course, Emergency Meetings (when posting notices is impractical and an HOA response to an unforeseen situation) do not require any notice at all. However, emergency meetings still require minutes to be taken.

Another exception to physical notices is: if the Board meeting is held at a fixed day and time and with the same online logins. In other words, if your Association always holds its monthly meeting on the second Tuesday of the month, at 6pm, using the same zoom address. But once a single meeting is postponed, this exception is pretty much nullified for a while.

A little known mandatory application of the law is: 4 days notice must be posted whenever a quorum of the Board will be established. This includes landscape walkthroughs, community manager interviews online, casual drinks, dinner, and BBQs etc. If a majority of the Board are together, no matter the reason: it must be adequately noticed, and there must be a Homeowner's Forum available. So what does that mean if Fred, Ginger, Louise, and the Doctor go to Disneyland together? and a Homeowner shows up? Yes, that Homeowner has to be given an opportunity to speak at your social event, and Minutes have to be taken! So, this is not legislation that you want to be casual about.

Although there is no 'Davis-Stirling Police' (per se), there could be serious consequences to the Association and its' Board members, if lack of notice is used by a Homeowner in a legal complaint. This means that if a Homeowner sues the HOA and its Board for inadequate Notice or no Notice, not only can that Homeowner sue and win, a fine be levied to the Association for each violation, have their attorney's costs covered, but every decision ever made in those (for lack of a better word) "secret" meetings.

Therefore, HI/VE LLC highly recommends the posting of notice(s) in a conspicuous location at least 4 days prior, unless your By-Laws requires longer notice.