Time Period for Posting Notices
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TIME PERIOD FOR POSTING NOTICES

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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Adams Stirling PLC