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.
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.
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.
San Jose, CA
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San Jose, CA
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San Jose, CA
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San Jose, CA
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San Jose, CA
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San Jose, CA
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