The HOA Board Quarterly Summer 2012 Issue #3

BROWN ACT SUSPENDED

Concerns have been raised because the California Legislature suspended the Brown Act ( claiming it will save $ 96 million over the next three years ). The suspension means that boards no longer need to ( i ) post meeting agendas , ( ii ) include a description of items to be discussed in closed session , and ( iii ) disclose what occurred in closedsession meetings .

What impact does this have on homeowner associations ? None . The Brown Act applies to governmental agencies not common interest developments . HOAs are governed by the Davis-Stirling Open Meeting Act , which has not been suspended . Association boards are still required to post agendas and report what occurs in executive session meetings . Boards affected by the legislature ’ s suspension of the Brown Act are county boards , school district boards , water boards and city councils .

COMMENT : I can think of better ways for California to balance its budget . Hiding behind closed doors is not one of them .

DIRECTORS AT COMMITTEE MEETINGS ?

QUESTION : Can a majority of directors attend committee meetings without violating the Davis-Stirling Open Meeting Act ?

ANSWER : This issue is not covered in the Davis-Stirling Act . Whenever Open Meeting issues are unclear , we can look to public agency rules for guidance . There are two : the Bagley-Keene Act and the ( now suspended ) Brown Act .

Bagley-Keene Act . The Bagley-Keene Open Meeting Act governs meetings of local governments and closely parallels the Brown Act . Bagley-Keene states that boards have three duties : ( i ) give adequate notice of their meetings , ( ii ) provide an opportunity for public comment , and ( iii ) conduct their meetings in open session , except where a closed session is specifically authorized . All three principals were incorporated into the Davis-Stirling Open Meeting Act .

An open and noticed committee meeting , provided board members who are not members of the committee attend only as observers . (§ 11122.5 ( c )( 6 ))

Brown Act . In addition to the above , the Office of the Attorney General issued an opinion that under the Brown Act board members may attend committee meetings provided they do not ask questions or make statements . ( 81 Ops . Cal . Atty . Gen . 156 .)

CONCLUSION : In my opinion , if homeowner associations follow state guidelines , a majority of directors can attend committee meetings provided ( i ) the committee meeting is open to the membership , ( ii ) notice has been given ( the same as board meeting notices ), and ( iii ) directors who are not members of the committee do not participate in committee discussions ( otherwise it becomes a board meeting and should have been noticed as such ).

Kudos to board member Anne Seifert for bringing this to my attention . For more information , see Guide To Bagley- Keene Open Meeting Act .

EXECUTIVE SESSION VOTING

QUESTION : Can the president of the board of directors vote at an executive session other than to break a tie ??

ANSWER : The president can vote on all issues in all meetings of the board ( Robert ’ s Rules , 11th ed ., pp . 487- 488 .), whether open or executive , provided he / she does not have a conflict of interest . HOA

The HOA Board Quarterly Summer 2012 Issue #3 | Page 10