Our HOA posted a board meeting agenda four days ahead of time but it
was up for less than half a day. They said they only have to post it
four days before, not leave it there for four days. Is that true?
No, it's not true. By their reasoning, boards could post a meeting
notice for ten minutes and then take it down . . . or two minutes . . .
or thirty seconds. It violates
the Open Meeting Act which calls for a period of time not a
point in time:
Unless the bylaws provide for a longer period of notice, members
shall be given notice of the time and place of a meeting . . . at least four days prior to the
meeting. (Civ. Code §4920(a).)Sabotage
. If someone is trying to
sabotage a board meeting by tearing down notices, that does not
invalidate the meeting if the board is unaware of the vandalism. If the board/management is aware that notices have been
removed, they have an obligation to re-post them. If the
problem is ongoing, the board should invest in a bulletin
board that can be locked.
: Associations needing legal assistance can contact us
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