BOARD BUSINESS WILL NEVER BE THE SAME: CHANGES IN MEETING PROCEDURES (October 2011)

The California Legislature has further amended the Davis-Stirling Common Interest Development Act to impose restrictions on how association boards of directors conduct business. The changes enacted through Senate Bill 563 will take effect on January 1, 2012 and include the following: 

Members must be given notice of the time and place of all open board meetings at least four days before the meeting (unless the bylaws provide for a longer period of notice), even if the time and place are fixed by the bylaws. Members must be given notice of the time and place of all executive session board meetings at least two days before the meeting, even though the members are not entitled to attend. The only exception to these notice requirements is for emergency meetings. The notices for both open and executive session meetings must contain the agenda for the meeting. 

Notices of board meetings may be given to members electronically if the member consents. 

The notice of open board meetings held by teleconference must identify at least one physical location so that members may attend. At least one board member must be present at that location. 

The board may not take action on any item of business outside of a meeting; boards no longer will be able to take action by unanimous written consent in lieu of a meeting. 

The board cannot conduct meetings, open or executive session, via a series of electronic transmissions (e.g., electronic mail), except for emergency meetings if all board members consent in writing to the action taken and if the written consents are filed with the minutes of the meeting. 

At special meetings of the members, the board may present for action only matters that were stated in the notice of the meeting. 

Agendas for executive session board meetings are no longer excluded from the records that members can request from the association.

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