- July 3, 2021
- Posted by: Stratford Team
- Category: Business
Q: When will it be legal for HOA boards to handle any business they want in closed sessions? — H.F., Banning
A: The Open Meeting Act limits what can be discussed in a closed session. Boards that violate this by going beyond the limited topics allowed by Civil Code Section 4935 risk not only the mistrust of their neighbors but also risk the argument that the board’s decisions are legally invalid because they were outside the association’s legal boundaries. The Open Meeting Act is not perfect, but it is generally good for HOA governance, and there is no reason to suspect it will go away in the future.
Q: The board-closed meeting agenda is posted on the window of the HOA office as follows: “Legal, contracts, personnel, members matters.” There is no detail under those categories. My contention is that the posted closed session agenda is not an actionable agenda and that the detailed agenda provided to each board member should be the one posted…
