Reader Questions - Attending and Speaking at Board Meetings

Hi Kelly,

We continue to enjoy your column and value your responses. You are providing a valuable service in educating those of us who live in homeowner associations (CIDs).

Is it usual or expected that individual board members take a turn during the Open Forum?

Thank you for considering this question for your column,
P.K., Alhambra

Dear P.K.,

The Open Meeting Act’s “open forum” requirement is designed for members to speak to the directors. It is NOT a time for directors to speak. Directors should be listening to the comments of the members. Following the completion of open forum, Civil Code 1363.05(i)(2) [which starting January 2014 will be found at 4930(b)] allows a director to briefly respond to questions or statements made in open forum, or may ask a question, make a brief announcement, or make a brief report on the director’s activities.

A board which abuses its right to respond to open forum questions may be showing a lack of respect for the open forum participants. It is also tempting for a board to start discussing a topic raised in open forum, but unless the matter is a bona fide emergency, discussion of an open forum topic must occur at a later meeting. Open forum is a great time for both directors and homeowners to show respect to their neighbors.

Thanks for your question and kind words,
Kelly

Dear Kelly,

Can the press attend homeowners association board meetings?

C.C., Riverside

Dear C.C.,

Unless your association allows the general public to attend your association meetings, then no, the press does not have the right to attend. Normally nothing newsworthy happens at most associations, but if a media representative shows up and demands to observe a meeting, that is not their right. However, boards can invite non-members to attend a meeting, and sometimes an association may want media attention drawn to a special project or positive achievement.

Reporters have a job to do, and want accurate sources for the stories they cover. If your HOA is contacted by a reporter, select the right representative to speak – someone who is authorized by the board, knowledgeable, a good communicator, and understands the importance of “meaning what you say and saying what you mean”.

Thanks for your question, (and hoping your HOA is not regularly in the news!),

Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.