Attending HOA Meetings in California

California spells out HOA meeting rules in considerable detail: open board meetings, four days' notice with an agenda, a right to speak, limits on acting on items that weren't on the agenda, and a short list of executive-session topics. Knowing what the statute requires makes it easier to tell whether a meeting followed it. For your specific situation, a licensed California attorney is the right resource. This is general information, not legal advice.

The Common Interest Development Open Meeting Act

California HOAs are governed primarily by the Davis-Stirling Common Interest Development Act (Cal. Civ. Code § 4000), which applies to a "common interest development" — defined to include "[a] condominium project" and "[a] planned development," along with community apartment projects and stock cooperatives (Cal. Civ. Code § 4100). Within Davis-Stirling, the board-meeting rules sit in one article, Cal. Civ. Code §§ 4900–4955, which "shall be known and may be cited as the Common Interest Development Open Meeting Act" (§ 4900).

The Act starts from a firm baseline: "The board shall not take action on any item of business outside of a board meeting" (§ 4910(a)). A "board meeting" is a gathering of enough directors "to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board," or a teleconference among a quorum of directors (§ 4090).

No board business by email

The Act also closes the door on running the association by email chain. The board "shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail" (§ 4910(b)(1)). The one exception is an emergency meeting: email or other electronic transmissions may be used if "all directors, individually or collectively, consent in writing to that action," with the consents "filed with the minutes of the board meeting" (§ 4910(b)(2)).

Notice: four days, with the agenda

The general rule is that "the association shall give notice of the time and place of a board meeting at least four days before the meeting" (§ 4920(a)). Two variations apply:

• Executive-session-only meetings. If a nonemergency meeting is held solely in executive session, notice is due "at least two days prior to the meeting" (§ 4920(b)(2)).
• Emergency meetings. For an emergency meeting, "the association is not required to give notice of the time and place of the meeting" (§ 4920(b)(1)).

If the governing documents require longer notice, the association "shall comply with the period stated in its governing documents" (§ 4920(b)(3)). That longer period does not apply to emergency or executive-session-only meetings "unless it specifically states that it applies to those types of meetings" (§ 4920(b)(3)). Notice goes out "by general delivery pursuant to Section 4045," and it "shall contain the agenda for the meeting" (§ 4920(c)–(d)). General delivery can mean individual delivery, inclusion in a billing statement or newsletter, posting in a location designated in the annual policy statement, or posting on the association's website if designated there; a member who asks to receive general notices individually is entitled to have them "delivered pursuant to Section 4040" (§ 4045).

Emergency meetings

An emergency meeting is narrow by design. It may be called "by the president of the association, or by any two directors other than the president," only when "there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice" (§ 4923).

The right to attend and speak

Under § 4925(a), "[a]ny member may attend board meetings, except when the board adjourns to, or meets solely in, executive session." The Act also guarantees a voice: "The board shall permit any member to speak at any meeting of the association or the board, except for meetings of the board held in executive session" (§ 4925(b)). The statute also provides that "[a] reasonable time limit for all members of the association to speak" is to be established by the board, so a time-limited comment period is consistent with the statute — the right is to be heard, within reasonable limits.

Meetings by teleconference

California allows remote participation in two ways.

Hybrid meetings with a physical location. A board meeting can be a teleconference, but "the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location" (§ 4090(b)). That location requirement does not apply to a meeting "held solely in executive session" or one conducted under § 4926 or § 5450. Members are entitled to attend the open portion of a teleconference meeting, and it "shall be audible to the members in a location specified in the notice of the meeting" (§ 4925(a)).

Fully remote meetings (AB 648, effective January 1, 2024). Section 4926, added by AB 648 (Stats. 2023, ch. 203), allows a board meeting or members' meeting to "be conducted entirely by teleconference, without any physical location being held open," but only if every condition is met: the notice includes "[c]lear technical instructions on how to participate," a phone number and email for technical help, and a reminder about requesting individual delivery of notices; "[e]very director and member has the same ability to participate in the meeting that would exist if the meeting were held in person"; "[a]ny vote of the directors shall be conducted by a roll call vote"; and anyone entitled to participate "shall be given the option of participating by telephone" (§ 4926(a)). A fully remote format is not available for a meeting at which election ballots are counted (§ 4926(b)). A separate section, § 5450, allows fully remote meetings when gathering in person is unsafe or impossible because of a declared disaster or emergency.

The agenda limits what the board can take up

At a nonemergency meeting, "the board may not discuss or take action on any item … unless the item was placed on the agenda included in the notice" (§ 4930(a)). That limit binds the board, not owners — it "does not prohibit a member or resident who is not a director from speaking on issues not on the agenda." Directors may briefly respond to a speaker, ask clarifying questions, and direct staff to put a matter on a future agenda (§ 4930(b)–(c)).

The board may act on an item that is not on the agenda only in three situations (§ 4930(d)):

• A majority of the board present determines "that an emergency situation exists."
• Two-thirds of the directors present (or all directors present, if fewer than two-thirds of the board attends) determine "that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was distributed."
• The item was on the agenda of a prior meeting held "not more than 30 calendar days before" and was continued to this meeting.

Before discussing any such item, "the board shall openly identify the item to the members in attendance" (§ 4930(e)).

What can happen in executive session

The board "may adjourn to, or meet solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member's request, regarding the member's payment of assessments" (§ 4935(a)). Some topics must be handled in executive session:

• Member discipline, on request. If the member who is the subject asks, the board must take up the discussion in executive session, and "[t]hat member shall be entitled to attend the executive session" (§ 4935(b)). How the disciplinary hearing itself works is covered in California HOA fines and hearings.
• Payment plans under § 5665 (§ 4935(c)).
• Deciding whether to foreclose on a lien under § 5705(b) (§ 4935(d)).

Executive session is not invisible: "Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership" (§ 4935(e)).

Minutes within 30 days

Minutes — or draft minutes marked as such, or a summary — of any board meeting other than an executive session "shall be available to members within 30 days of the meeting," and "shall be distributed to any member upon request and upon reimbursement of the association's costs" (§ 4950(a)). The annual policy statement must tell members how and where to get them (§ 4950(b)). Minutes are also part of the broader document-access rights described in California HOA records requests.

Recording meetings

The Open Meeting Act's text (§§ 4900–4955) does not address whether members may audio- or video-record board meetings. Whether recording is allowed, and on what terms, may depend on the association's governing documents or operating rules; a licensed California attorney can explain how those apply to a particular community.

Membership meetings and elections

For meetings of the membership, the board "shall permit any member to speak," subject to a reasonable time limit, and the meeting "shall be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary procedures the association may adopt" (§ 5000).

Elections follow their own article (§§ 5100–5145). Elections on "assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area" must "be held by secret ballot" (§ 5100(a)(1)), and votes are counted by the inspector or inspectors of elections (or their designee) "in public at a properly noticed open meeting of the board or members," which "[a]ny candidate or other member of the association may witness" (§ 5120(a)). Since January 1, 2025, AB 2159 (Stats. 2024, ch. 383) lets an association adopt an election operating rule allowing elections "by electronic secret ballot," except for elections on regular or special assessments (§ 5105(i)). Current law already requires the association to deliver individual notice of the electronic secret ballot "to each member 30 days before the election" (§ 5105(i)(3)(A)). Effective January 1, 2027, AB 1892 (Stats. 2026, ch. 169) moves the electronic-ballot rule to § 5105(j) and changes that notice to "No later than 30 days before the election," delivered "to each member who is electronically voting." Assessment votes connect to California's limits on board-approved increases, discussed in how much an HOA can raise dues.

Enforcement

A member may bring a civil action "for declaratory or equitable relief for a violation of this article," including injunctive relief or restitution, "within one year of the date the cause of action accrues" (§ 4955(a)). A member who prevails "shall be entitled to reasonable attorney's fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation," with identical violations that affect every member equally subject to only one penalty (§ 4955(b)). A prevailing association recovers costs only if the court finds the action "frivolous, unreasonable, or without foundation." The election article has a parallel enforcement provision, including a small-claims option (§ 5145). Whether a particular meeting problem supports a claim depends on the facts; a licensed California attorney can evaluate it.

What the governing documents and corporation law add

The Open Meeting Act sets a floor, not the whole picture. Quorum, officer roles, and many meeting procedures come from the association's CC&Rs, bylaws, and operating rules, and longer notice periods in the governing documents generally control (§ 4920(b)(3)). Many California associations are also incorporated as nonprofit mutual benefit corporations under the Corporations Code; where that law conflicts with Davis-Stirling's election article, the election article prevails (§ 5100(e)). Federal law, such as the Fair Housing Act, applies as well. More California-specific guides are collected on the California HOA law hub.

What people generally do

For owners who want to follow how their California association makes decisions, a few things commonly matter:

• Whether the four-day notice (two days for executive-session-only meetings) arrived with an agenda, as § 4920 requires.
• Whether the board acted on anything that wasn't on the agenda, and if so, whether one of the § 4930(d) exceptions applied.
• The chance to speak under § 4925, within the board's reasonable time limit.
• Whether executive sessions stuck to the § 4935 topics and were noted in the next open meeting's minutes.
• Minutes and other records, which are due within 30 days under § 4950; if meetings fall short, a § 4955 civil action may be available, though whether it applies depends on the facts, and a licensed California attorney can evaluate a particular situation.

Frequently asked questions

How much notice does a California HOA have to give before a board meeting?

At least four days, under Cal. Civ. Code § 4920(a), and the notice must include the agenda. A nonemergency meeting held solely in executive session needs at least two days' notice, an emergency meeting called under § 4923 needs none, and a longer notice period in the governing documents generally controls (for emergency or executive-session-only meetings, only if the document specifically says it applies to them).

Can a California HOA board make decisions by email?

Generally no. Section 4910(b)(1) says the board "shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail." The only exception is an emergency meeting where all directors consent in writing and the consents are filed with the minutes (§ 4910(b)(2)).

Can homeowners speak at California HOA board meetings?

Yes. Section 4925(b) requires the board to "permit any member to speak at any meeting of the association or the board, except for meetings of the board held in executive session." The board is required to establish a reasonable time limit for member comments, and members may raise topics that aren't on the agenda even though the board itself generally can't act on them (§ 4930(a)).

Can a California HOA hold board meetings entirely online?

Yes, if it meets the conditions in § 4926, added by AB 648 effective January 1, 2024: technical instructions and a help contact in the notice, equal ability to participate, roll-call votes by directors, and a telephone option for everyone entitled to participate. The fully remote format can't be used for a meeting where election ballots are counted.

What happens if a California HOA violates the Open Meeting Act?

A member may sue for declaratory or equitable relief within one year (§ 4955(a)). A prevailing member is entitled to reasonable attorney's fees and court costs, and the court may impose a civil penalty of up to $500 per violation (§ 4955(b)). Whether a claim is viable depends on the facts.

Sources

• Cal. Civ. Code § 4000 — Davis-Stirling Common Interest Development Act
• Cal. Civ. Code § 4090 — "Board meeting" defined (as amended by AB 648, 2023)
• Cal. Civ. Code § 4100 — "Common interest development" defined
• Cal. Civ. Code § 4045 — General delivery and general notice
• Cal. Civ. Code § 4900 — Common Interest Development Open Meeting Act
• Cal. Civ. Code § 4910 — No action outside a meeting; electronic transmissions
• Cal. Civ. Code § 4920 — Notice of board meetings
• Cal. Civ. Code § 4923 — Emergency board meetings
• Cal. Civ. Code § 4925 — Member attendance and right to speak
• Cal. Civ. Code § 4926 — Meetings conducted entirely by teleconference (AB 648, 2023)
• Cal. Civ. Code § 4930 — Agenda limits
• Cal. Civ. Code § 4935 — Executive session
• Cal. Civ. Code § 4950 — Board meeting minutes
• Cal. Civ. Code § 4955 — Enforcement of the Open Meeting Act
• Cal. Civ. Code § 5000 — Member meetings
• Cal. Civ. Code § 5100 — Secret-ballot elections
• Cal. Civ. Code § 5105 — Election operating rules; electronic secret ballot (as amended by AB 2159, 2024)
• AB 1892 (Stats. 2026, ch. 169) — Chaptered text amending § 5105, effective January 1, 2027
• Cal. Civ. Code § 5120 — Counting ballots at an open meeting
• Cal. Civ. Code § 5145 — Enforcement of election rules
• Cal. Civ. Code § 5450 — Meetings during a declared emergency