San Martin HOA Rules: Board Procedures Rules (2026)

Davis-Stirling is the controlling statute for every HOA and condo association in unincorporated Santa Clara County and throughout California. Civil Code 4900 through 4955 governs board meetings, requiring at least 4 day advance notice of general meetings and 2 day notice of executive sessions, written agendas posted in a prominent common area, and the right of every member to attend and speak on agenda items for a reasonable time. Executive sessions are restricted to litigation, contract negotiation, member discipline, personnel matters, and assessment payment plans, and the board must report in the next open meeting minutes that an executive session occurred. Quorums and voting rules follow the association bylaws unless silent, in which case the statute fills gaps. Annual elections must use secret ballot under Civil Code 5100 through 5125, administered by an independent inspector of elections. Board meeting minutes must be distributed to any member within 30 days upon request, and draft minutes within 30 days after the meeting under 4950. Emergency meetings can be called without 4 day notice only for true emergencies that cannot wait. Members may enforce these procedures through the Internal Dispute Resolution process under Civil Code 5900 or by filing in Santa Clara County Superior Court, which can award statutory damages up to 500 dollars per violation.