California's Davis-Stirling Common Interest Development Act (Civil Code Sections 4900-4955) requires HOA board meetings to be open to all members with at least 4 days advance notice. Emergency meetings require 2 days notice. Boards may enter executive session only for specific topics including litigation, personnel, and disciplinary hearings.
Under California Civil Code Section 4920, meetings of the board of directors must be open to all members of the association. Notice must be given at least 4 days before the meeting, posted in a prominent location within the common area and, if requested, delivered to members by individual notice (mail or email). Emergency meetings require at least 2 days notice. The board may meet in executive session under Section 4935 to discuss litigation, formation of contracts with third parties, member discipline, personnel matters, and to meet with a member regarding payment of assessments. Any matter discussed in executive session must be generally noted in the minutes of the open meeting. All actions taken in executive session, except those relating to litigation or personnel, must be reported at the next open meeting. Members may not be excluded from any portion of a meeting that is not authorized for executive session. San Diego has no additional municipal HOA regulations beyond state law. The Davis-Stirling Act was comprehensively reorganized effective January 1, 2014.
Members may file a complaint with the Department of Real Estate or pursue civil action. The association may be liable for attorney fees to a prevailing member under Civil Code Section 5975.
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