QUESTION: Our board requires that owners give their Open Forum topic one week in advance of the meeting, and then does not let them speak on any other issues. In other words, they have to give their topic before the board publishes its agenda. Can the board do this?

ANSWER: Boards are required to give four-days notice of their agenda topics but owners are not required to give advance notice of the issues they wish to speak on during the Open Forum portion of the meeting. I believe a court would deem the practice unreasonable. Not even city councils, which are far more bureaucratic, require a week's notice. You can attend a city council meeting and simply fill out a request on the night of the meeting.

Moreover, as provided for in Civil Code §1363.05(i)(1), members can speak on any topic even they wish, even if the topics are not on the board's meeting agenda.