Meetings – Notifications

Q.

I live in California: Our Board has marketing committee meetings, and other special committee meetings in private. One is about “Open House for donations.” We have asked to come and sit in and are told NO. They have Rules & Regulation committee meetings, and they are private too.
Do homeowners have right to go and listen to the committee meetings?

A.

Peggy,

Thank you for your question. In California the new Davis – Stirling Act defines association meeting requirements.

In summary, a board meeting is defined as a gather of , at the same time and place of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.
And that any member may attend board meetings, except for executive session.

Based on these words, most communities adopt policies to open all board and committee meetings to the members.

We hope we have answered your questions.


Q.

I understand that it is now OK for meeting notices to be posted in a conspicuous place within our community. What is the rule in this regard; or, what must our board do to meet all of the rule requirements if they continue to use this method of posting meeting notices to our fellow homeowners?

– Randy

A.

Good question and thank you for clarifying your state of residence.

In Texas, under Chapter 209 of the Texas Property Code which applies to single-family and townhome community associations, effective January 1, 2012 notice of board meetings must be provided to all owners.  The notice must contain the date, hour, place and general subject of the meeting.  It must also generally list the matters planned to be discussed in executive session.  The required Notice may be provided in one of three ways:

  1. Mailing to each owner Notice of the meeting no later than 10 days and no sooner than 60 days prior to the date of the meeting, -OR-
  2. Posting the Notice in a conspicuous place designed to provide notice to the owners, either on Association Common Area or other property in the subdivision with permission. This Notice must be posted 72 hours before the meeting time AND notice must also be emailed to all owners who have registered their email address with the Association for the purpose of receiving the Notice, -OR-
  3. Posting the Notice on an internet website maintained by the Association AND emailing it to all owners who have registered their email address with the Association for the purpose of receiving the Notice.

The simplest way for the Board to comply is by inviting owners to register their e-mail address with the Association.  Then, of they post the notice and e-mail those registered they will fully meet the requirements.

 

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