Question:
HOA Board is making decisions and awarding contracts in un-announced private meetings, then “Ratifying” at open meeting and stating decision has already been made when question and cutting off any discussion. This is unethical, how Can it be stopped??
– Bill
Answer:
Hi Bill,
Civil Code Section 4910 prohibits boards from making decisions or taking actions on behalf of the association outside a properly noticed board meeting, except in emergencies or under narrow exceptions. Awarding contracts and conducting official business in unannounced private meetings violates this statute. Contract decisions and budgetary matters must be discussed and voted on during open sessions, with proper notice provided to members at least four days in advance.
“Ratifying” decisions already made in private does not cure an illegal meeting. If board members are cutting off discussion and refusing to allow transparency, they may be violating not only Davis-Stirling but also their fiduciary duty to the membership.
To stop this, homeowners can send a formal written complaint demanding compliance with state laws. Homeowners can also request internal dispute resolution (IDR). Gathering support from other members and demanding a special meeting or electing new directors is also an option. As a last resort, homeowners can pursue legal action.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
