18-YEAR OLD PRESIDENT

QUESTION: How young can someone be to be on the board? There are "extremely close" ties between our offsite manager and the president, an 18-year-old daughter of an owner.

ANSWER: Unless the bylaws set an age limit, a 12-year old can serve on the board. Most bylaws created by developers have zero qualifications for directors. That means anyone can serve on the board, including the homeless person sleeping next to the association's dumpster. I think 18 is a bit young to be a director--but then I think 18 is too young to drink or vote. If you want to establish qualifications for who may serve on the board, you need to amend your bylaws.

If by "extremely close," you mean the manager is sleeping with the president, that creates ethical issues that need to be addressed by the board. Let's hope the manager isn't charging for his extra meetings with the president.

NOTICE OF MEETINGS

QUESTION: I told the board that I expect written notice of the meetings because I rarely notice posted signs because of my schedule. The board maintains that a posted sign is all that they need to do.

ANSWER: Civil Code §1363.05(f) requires that in addition to posting a  notice in a prominent place the common areas, notices must be mailed to each owner who requests notification by mail, at the address requested by the owner. The notice must also contain the agenda for the meeting.

PAYING TWICE MEANS VOTING TWICE

QUESTION: One of our members owns two units. Whenever there is a vote on a subject, she only gets one vote--correct? Also, there is going to be an assessment to paint the building. She will have to pay twice--correct?

ANSWER: If she owns two units, she not only pays twice but she gets to vote twice.

DISRUPTIVE OWNERS

QUESTION: Can a member of a homeowners' association be removed from a board meeting because their behavior is disruptive? Where is this covered in the Davis-Stirling Act?

ANSWER: Ejecting disruptive members is not in the Davis-Stirling Act; it’s part of parliamentary procedure.

RECORDING MEETINGS

QUESTION: Can a homeowner record board meetings if there are no prohibitions in the bylaws?

ANSWER: Absent any restrictions in the CC&Rs, bylaws, or rules adopted by the board, yes.

EXECUTIVE SESSION MINUTES

QUESTION: A board member has informed me that I was discussed in executive session under the heading "disciplinary." I have requested those minutes that concern me and have been told I will need to have an attorney subpoena them.

ANSWER: Members are not entitled to executive session minutes. Civil Code §1363.05(d). This would be true even if the board is discussing a subject relating to the requesting member in executive session, since there is no such exception in the statute.

SCHEDULING MEETINGS

QUESTION: Yesterday's board meeting was canceled due to a lack of quorum. The president is trying to push for a meeting within two weeks even though there are no emergency issues. However, two of us have very busy work schedules and can't meet. Is the board obliged to accommodate ALL schedules rather than proceed without two board members?

ANSWER: The board should try to accommodate schedules whenever possible but there is no legal obligation that it do so. Unless otherwise provided in the articles or in the bylaws, board meetings may be called by the chairman or president of the board or any vice president or the secretary or any two directors. Corp. Code §7211(a)1. Even though you may not be able to get away from work, you still have the right to attend meetings by phone. If you request it, the president must make arrangements to have a speakerphone at the meeting. It must have a conferencing feature so your other busy director can attend as well.

  Very truly yours,
 
   Adrian Adams, Esq.
   Adams Kessler PLC