California HOA Board Meetings, Decisions, and Damages

Question:

I read your article about Board meetings.

https://www.hoamanagement.com/who-can-attend-hoa-meetings/

Question:
– Does the Board have a requirement to inform members about place and date of meetings?
– Does a member have a right to be informed in advance of a meeting at which their unit is being discussed?
– Is it appropriate for Board decisions, particularly regarding damage to community property by a member (due to a leak, for example) to be communicated to that member by the management company? Or should it be communicated to that member by the Board directly?
– Does a member have a right to contest charges assessed for damage? Does the member have a right to obtain alternate quotes for the repairs?

Thanks,

– John

 

Answer:

Hi John,

Yes, the board is required to inform members about the date and place of the meetings. According to California Civil Code ยง 4920, the board must provide notice to members at least four (4) days prior, unless the governing documents specify a longer period of notice. The notice must include the time and place of the meeting.

Additionally, the same section requires that the notice include the meeting agenda. Thus, if a certain unit will be discussed during the meeting, the unit owner should know from the notice.

Board decisions concerning a member can either be communicated by the board or by the management company. Many boards delegate homeowner communication to their management.

As for your final question, the Davis-Stirling Act stipulates that an owner is entitled to a hearing before the board levies a reimbursement assessment on the owner. You may try to coordinate with your board on seeking a different vendor for repairs. However, it is not normally a right that homeowners have.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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