QUESTION: How do we add items to the agenda after it was posted?
ANSWER: Civil Code §4930(a) restricts boards from discussing or taking action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice given to the membership.
Agenda Exception. The statute provides an exception for emergencies. If an item needs to be added to the agenda after it was posted, it can be added as follows (Civ. Code §4930(d)):
1. Upon a determination made by a majority of the board present at the meeting that an emergency situation exists.
2. Upon a determination made by the board by a vote of two-thirds of the directors present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the directors present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was distributed pursuant to subdivision (a) of Section 4920.
3. The item appeared on an agenda that was distributed pursuant to subdivision (a) of Section 4920 for a prior meeting of the board that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken.
Emergency Defined. An emergency is defined as "circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice." (Civ. Code §4930(d)(1).)
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.