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EXCEPTIONS TO OPEN MEETING ACT

In addition to executive session matters, a majority of directors can attend committee meetings, seminars or social events without violating the Davis-Stirling Open Meeting Act. Although not specifically covered in the Davis-Stirling Open Meeting Act, these issues have already been addressed for public agencies in the Bagley-Keene Act and the Brown Act. They provide good guidelines on what homeowner association boards are allowed to do.

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 principles were incorporated into the Davis-Stirling Open Meeting Act. As provided for in Bagley-Keene, not all board gatherings violate the Act. A majority of directors can gather for the following purposes provided they do not discuss board business among themselves:

  • A conference or similar gathering open to the public. (Gov. Code § 11122.5(c)(2))
  • An open and publicized meeting organized to address a topic of state concern. (§ 11122.5(c)(3))
  • A purely social or ceremonial occasion. (§ 11122.5(c)(5))
  • An open and noticed committee meeting, provided board members who are not members of the committee attend only as observers. (§ 11122.5(c)(6); see Guide To Bagley-Keene Open Meeting Act)
  • A closed executive committee meeting composed of less than a quorum of directors. (Note: This would not be true for a 3-member board since executive committees require at least two members.)

Brown Act. Similarly, under the Brown Act (Gov. Code § 54952.2(c)), the following actions would not be considered a violation:

(1) Individual contacts or conversations between a member of a legislative body and any other person.

(2)  The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.

(3)  The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.

(4)  The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.

(5)  The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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