HOA Blog : Board Process

Meeting Notice
March 11, 2009By Kelly G. Richardson

Dear Mr. Richardson:
Let me first start off by saying how much I enjoy your articles in our local paper!  The only reason I subscribe is to receive your well written and informative articles pertaining to HOAs.  I think the new law [pertaining to advance agenda posting] is a great idea.

Our monthly meetings are the first Monday of every month so what constitutes 4 days notice?  It seems to me that 4 days notice should be up and posted 4 full days........All day Thursday, Friday, Saturday and Sunday and the Monday of the meeting day doesn't count because that's the day of the evening meeting.  Am I correct?  Also, I understand that there are new rules on how soon ballots and notices have to be sent out for the yearly HOA meeting, is this true and how many days in advance is that?

Thank you sincerely,
R.L., Pasadena
 
 
Dear R.L.:
The law at Civil Code Section 1363.05(f) requires boards post or publish their agenda “at least four days prior” to the meeting.  This means that if a meeting is to occur on Friday, the agenda must be posted no later than Monday.  Monday is four days before Friday, and Friday is not counted in the four days.  Emergency meetings are excepted from this requirement.

Pursuant to that statute, the agenda is to be “posted in a prominent place or places in the common area.”

As to membership meetings, such meetings that will vote on election of directors, assessments, amending governing documents, or granting exclusive use rights, are all required to occur with notification and ballots distributed to all members at least thirty days before the meeting or voting deadline.

Thanks for your question.
Kelly

 


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