Sunday, July 1, 2007

In the Spotlight: Meeting and Notice Requirements

From time to time, I intend to focus on some aspect of Common Interest Development living that might interest Seabridge homeowners. When I was on the board, I found the Condominium Bluebook, published by Piedmont Press, to be extremely useful. If each current board member doesn't have a copy, I highly recommend it. And while I will use this space to highlight important items from it, I would also recommend the book to any homeowner. This column is no substitute for the wealth of knowledge that this book keeps collected, current, and organized. Both the board and the homeowners have responsibilities to ensure that the community runs well. For many laws affecting our community, you can also go straight to the source: sections of the California Civil Code, also known as the Davis-Stirling Act. Many of these points are from section 1363.05.

There are several kinds of meetings that occur here at Seabridge. Every June, we have a membership meeting. That's when each of us as homeowners have the opportunity to vote on matters, including the election of board members and the determination on what to do with excess operating funds.

The rest of the year, most meetings consist of regular meetings of the board of directors. While these are open to the homeowners, we do not have the opportunity to vote since these are not meetings of the membership, just the board of directors. We do, however, have the opportunity to speak in open forum.

The board is also allowed to take certain discussions into executive session. By law, the discussion that may take place is limited to consideration of litigation, matters related to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member subject to discipline, if the member requests it. The matters discussed must be generally noted in the minutes of next meeting open to homeowners following that session.

Meetings of the board are required to be announced to homeowners 4 days prior to the meeting. The notice should be posted in a prominent place or places in the common area. In the past, a posting on the clubhouse has been common. Seabridge Board meetings occur on the third Tuesday of each month at 7PM, and that has been announced regularly in the newsletter distributed to all residents. I'm no lawyer, but I suspect that this adequately announces those meetings. It never, hurts, however, to over-communicate, and perhaps the board can also employ the website.

Did you Know?

Civil Code 1363.05(g) says that "...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 meeting by mail, at the address requested by the owner." The last part certainly seems aimed at reducing confusion as to when meetings take place, and I think I'll request it myself.

Emergency meetings may be called if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which make it impracticable to provide notice.

Each type of meeting has its purpose and will be appropriate for certain situations. I believe that the test for what should not be covered in a regular board meeting should not be made loosely. That may lead to a longer meeting - believe me, I know from experience! - but also leads to the most trust in the board and its actions.

As with any other posting on the site, the information provided only reflects my understanding. The best thing to do is go straight to the source and learn for yourself! I hope this has helped you get started.

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