QUESTION: Our association has a kiosk where it posts meeting notices. The statute does not specify how long the notice must be posted. Common sense would suggest from 4 days prior to the meeting until the meeting. What if somebody takes the notice down after 10 seconds, 10 hours, 1 day? Is the meeting notice compliant?
ANSWER: The Davis-Stirling Act requires notice 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).)
That means an open meeting notice must be posted and remain posted at least four days in advance of the board's meeting. (Executive session meetings require a two-day notice.)
Vandalism. 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.
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