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December 31, 2006
New Committee Requirements for HOAs
In California, beginning January 1 this year, the law changes and requires more of committees, some committees anyway. A reader sends this question:
"I read (somewhere) that starting January 1, 2007, committees will be required to take minutes at any meeting. Also, our Bylaws state that committee meetings and notice of such meetings shall conform to the same requirements contained in the Bylaws for meetings held by the Board of Directors. I interpreted this to mean that committee meetings are then open to homeowners to sit in and listen (to "attend", not to participate). The Board won't answer the questions about this, will you?"
I can answer the question as to the new law - after January 1, committees that "have decision-making power" are required to keep minuteds, and owners have a right to inspect those minutes. The law itself does not require that committee meetings be open to members or that notice be posted or sent out. However, if a set of bylaws has requirements about meetings, chances are they should be honored. I say "chances are" because I have not reviewed the documents in question but I do have experience with members adopting their own "interpretation" of language that does exist. Sometimes it is right and sometimes it is off the mark.
I can imagine situations where it would be a problem for committees to have to provide notice of their meetings and/or allow owners to attend. Say it is a 5000 unit association and there is a social committee to plan events, or an architectural commiittee to review plans, or a nominations committee whose job it is to find willing volunteers to serve. If notices had to be sent to owners or posted everytime there was a meeting by one of these committees, it could become quite cumbersome.
There is a situation where notice must be given of committee meetings. If a majority of the board serve on or attend the meetings and intend to discuss association business, then I believe that the meeting would qualify as a meeting that requires notice to owners, because it would actually satisfy the definition of a "meeting" under Civil Code Section 1363.05.
Posted by Beth Grimm at December 31, 2006 6:12 AM