The Davis-Stirling Act in California spells out the rules for open meetings, which greatly affects when and how HOA boards can have closed meetings. Section 4900 of the Act says that all HOA board meetings must be open to all association members, with a few exceptions for private sessions.
The Directors shall attend Board Meetings in person. If unable to attend, a Director may appoint another Director to attend on his behalf by proxy which specifies the scope of authorization; any appointee shall not act as proxy for more than one Director.
Nonprofit board meeting minutes are generally not automatically made public, but the accessibility of these minutes depends on various factors, including the organization's policies, legal requirements, and state laws. Read on to learn more about transparency and nonprofit board meetings minutes.
State-specific sunshine laws and public disclosure Local government meetings must be public; exceptions include litigation, labor negotiations, and real estate discussions. All public board meetings are open; exceptions include discussions on security and pending litigation.
Many people believe these meetings are exclusive to board members and staff, but that is not always the case. Depending on the organization's bylaws and state laws, various stakeholders, including donors, community members, and volunteers, may be allowed to attend.
In some states there are laws known as “Sunshine laws” that require groups to open their meetings to the public, however, these laws generally only apply to governmental or quasi-governmental groups. Unless the nonprofit is a governmental entity, there is no obligation to open board meetings to the public.
The Open Meetings Act is a state law that requires that meetings of public bodies be open to the public except in certain specific, limited situations (discussed in more detail below) where the law authorizes the public body to close a meeting.
HOA meeting minutes should typically be distributed to all HOA members within 30 days of the meeting.
The quorum is to have at least two directors or one-third of the total number of directors present at office at the time – whichever is higher of the two numbers. In case the one-third of the number of directors present results in a fraction, it shall be rounded off to one.
However, it is not obligatory. Nonetheless, appointing a skilled chairperson will help ensure that board meetings run effectively, especially if your company has a large number of directors.