Mission Viejo HOA boards must follow the Davis-Stirling Act's open meeting requirements, including providing at least four days' notice of regular meetings and posting agendas. Members have the right to attend and speak at board meetings. Executive sessions are limited to specific topics including litigation, personnel, and discipline. Annual elections must use secret ballots with an independent inspector of elections.
HOA governance in Mission Viejo is governed by the Davis-Stirling Common Interest Development Act. Board meetings must be conducted in compliance with Civil Code Section 4920, which requires that regular meetings be held at a time and place stated in the meeting notice. Notice of regular board meetings must be provided at least four days in advance and posted in a prominent location within the common area. Special board meetings require two days' notice. All board meetings are open to members, who have the right to attend and speak during a designated homeowner forum period. The board may only meet in executive session for matters specified in Civil Code Section 4935, including pending or anticipated litigation, contracts with third parties, member discipline, personnel matters, and meeting with a member regarding payment of assessments. Board actions taken in executive session must be reported in general terms at the next open meeting. Annual elections must follow the procedures in Civil Code Sections 5100-5145, including use of a secret ballot, appointment of an independent inspector of elections, and mailing of ballots to all eligible members at least 30 days before the election. Quorum for membership meetings is specified in the CC&Rs but cannot be less than the statutory minimum. Boards typically consist of three to seven directors serving staggered terms of one to three years.
Board actions taken in violation of open meeting requirements may be voided by a court. Members may seek injunctive relief under Civil Code Section 4955 to enforce meeting and election procedures. Election challenges must be filed within one year of the election. The association may be liable for attorney fees if a member prevails in an action to enforce the Davis-Stirling Act.
Mission Viejo, CA
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Mission Viejo, CA
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Mission Viejo, CA
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Mission Viejo, CA
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Mission Viejo, CA
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Mission Viejo, CA
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