Real Estate & Property Law

HOA and CONDO Meetings - Is an Agenda a Requirement?

Alot of people have questions about HOA and Condo meetings, what is required, how can owners participate, is an agenda a requirement, how much power should management have, etc. I am tackling some of the questions I have received recently about meetings in this and some companion blogs. Given the facts and background, a lot of feedback is needed and the topics are wide-ranging, so look for the companion blogs based on the following background including more on the management's role and responsibilities.

Background Information Provided: Our Management Company interprets the new Agenda Law, as to when and how members can approach the board, to mean that Members can only address the Board during the homeowner forum. The problems we are experiencing are as follows: Even after informing the Board about the new Agenda Law, it continues to mail Agendas with unclear topics as well as the use of the generic language "Old Business" and "New Business"."

Comment: This is common, still, even after the agenda law. The intention of the California law on providing an agenda is that owners will be informed ahead of time on topics that the Board is going to be addressing in the meetings, so they can come if they are interested. (Owners should come anyway, and pay attention to what is occurring if only to keep abreast of what is happening in the association and to see their elected officials at work.) Since the law prohibits the boards from discussing topics not on the agenda, the intent is that the owners will not be blind-sided by decisions on topics of material interest, simply by avoiding noting them in the meeting notices.

Simple references to "old busines" and "new business" are not enough, in my opinion, to allow the board to freely discuss various topics that might fall into one of those categories. It does not satisfy the new law. I don't think they even come close. There are exceptions the Board should follow when topics come up that need discussion or action and the need for discussion or action was not known at the time the agenda had to be out (at least 4 days before the open board meeting). That said, what is the price to be paid for failure to follow the law? Not a big one really, unless someone wants to pursue their rights legally, which can be done, but when is it worth it?

For much much more on this issue, visit www.californiacondoguru.com and look through the publications. Look specifically for the Primers on Operations (I and II) and the Operations Forms primer which sets forth forms related to meetings, including a sample agenda and discussion about it.

Full post as published by California Condo & HOA Law on June 25, 2009 (boomark / email).