This legislation amends the Common Interest Development Open Meeting Act by establishing procedures of electronic transmission for the homeowners’ association (HOA) board meetings of a common interest development (CID).
Civil Code §1363, 1363.05, 1365.2
Added by S.B. 563
Effective: January 1, 2012
The board members of a common interest development (CID)’s homeowners’ association (HOA) may not conduct a meeting via electronic transmission.
However, electronic transmission may be used to conduct an emergency meeting, under the condition all board members give written consent — filed with the minutes of the board meeting — to conduct the emergency meeting via electronic transmission. Written consent may be transmitted electronically.
A meeting conducted via electronic transmission may include a teleconference in which a majority of board members, in different locations, are connected by electronic means through audio, video or both. A board member is considered to be present at a teleconference as long as he is able to hear the other board members speaking on the issues of the meeting.
All HOA members are entitled to attend a teleconference, or a portion of the teleconference, if the meeting is open to HOA members. The notice of a teleconference must inform HOA members of at least one physical location to attend, except if the meeting is being held in executive session and is thus closed to HOA members. At least one board member must be present at the location and the teleconference, or a portion of the teleconference, must be audible to HOA members present at the location.
HOA members may consent to be notified of meetings held by board members in executive session via electronic transmission. The notice must indicate the time and place of the executive session.
Teleconferenced meetings must continue to protect the rights of all members and comply with the regulations provided by the CID Open Meeting Act.