San Jose, CA HOA Rules: Board Procedures (2026)
Key Facts
- Law
- Davis-Stirling Act, Civ. Code §4900+
- Board Notice
- 4 days minimum
- Annual Meeting
- 10-30 days notice
- Elections
- Secret ballot required
- Executive Session
- Limited to 5 topics
Summary
HOA boards in San Jose must follow the Davis-Stirling Common Interest Development Act (Civil Code §§4900-4935) for all meetings. Board meetings must be open to members with at least 4 days advance notice. Executive sessions are limited to specific topics (litigation, personnel, contracts, member discipline). Annual meetings require 10-30 days notice. Secret ballots are required for elections.
(3) If the association’s governing documents require a longer period of notice than is required by this section, the association shall comply with the period stated in its governing documents. For the purposes of this paragraph, a governing document provision does not apply to a notice of an emergency meeting or a meeting held solely in executive session unless it specifically states that it applies to those types of meetings. (c) Notice of a board meeting shall be given by general delivery pursuant to Section 4045. (d) Notice of a board meeting shall contain the agenda for the meeting.
Full Breakdown
Under the Davis-Stirling Act (California Civil Code §§4900-4935), HOA boards in San Jose must conduct open meetings where all members can attend and observe. Notice of board meetings must be provided at least 4 days in advance and posted in a prominent location within the common area. The agenda must be included with the notice. Executive (closed) sessions are limited by Civil Code §4935 to: litigation matters, formation of contracts, member discipline, personnel matters, and meeting with a member regarding payment of assessments. The board may not vote in executive session except on litigation, contracts, and personnel.
Annual membership meetings require 10-30 days advance notice (Civil Code §4920). Director elections must use secret ballots administered by an independent inspector of elections per Civil Code §§5100-5145. A quorum of the board (majority of directors) is required for any action. Members have the right to speak at any open board meeting on any agenda item. San Jose HOAs are additionally subject to local consumer protection enforcement through the Santa Clara County District Attorney's office.
Violations & Fines
Actions taken at improperly noticed meetings may be voided. Members can petition the court to enforce open meeting requirements. Civil Code §4955 allows recovery of attorney fees for successful enforcement actions.
Frequently Asked Questions
Can I attend my HOA board meetings in San Jose?
How much advance notice must an HOA give for meetings in San Jose?
Sources & Official References
Other rules in San Jose
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Board Procedures in Nearby Cities
How other cities in Santa Clara County handle board procedures.