Members Can Attend Meetings

California's community associations are not part of the public sector; they are private membership organizations. As a result, the general public does not have the right to attend board or membership meetings. Unless an association's governing documents provide otherwise, the Open Meeting Act reserves the legal right to attend meetings for members only. (Civ. Code § 4925)

Spouses. Although the law reserves the right to attend board and membership meetings for members only, industry practice allows non-member spouses to attend board meetings. A misbehaving spouse can be excluded for disruptive behavior.

Renters. Because they are not members, renters do not have a legal right to attend board meetings. However, most boards allow tenants to attend board meetings and address the board during Open Forum, as long as they are not disruptive.

Realtors. Nonmember Realtors do not have a legal right to attend board meetings even though they may do business in the development. However, at the board's discretion, they may attend.

Attorney in Fact/Power of Attorney. An attorney-in-fact or power of attorney is an agent authorized to act on behalf of and make legally binding decisions on behalf of another person, but not necessarily authorized to practice law. An attorney-in-fact can manage investments, make health decisions, and do other tasks on someone else's behalf, but cannot change a will or trust. To attend meetings, the person must provide the association with a copy of the power of attorney.

Lawyers. Lawyers representing members or non-members do not have the right to attend board meetings — the right to attend is reserved for members only. (Civ. Code § 4925) Members cannot circumvent the exclusion by sending their lawyer with a "proxy," since proxies apply only to membership meetings, not board meetings. Moreover, proxies for membership meetings are restricted to members. (Civ. Code § 5130(a)(1)) Lawyers who attend board or membership meetings on behalf of a client could be subject to discipline by the State Bar for violation of Rules of Professional Conduct 2-100. Lawyers who are members of the association may attend board meetings provided they attend in their capacity as members, not as lawyers.

Corporations, Companies, and Trusts

Corporations and companies can send a representative to attend board meetings. For limited liability companies, the person must either be a member of the LLC or authorized by its documents to manage the company. (SB Liberty v. Isla Verde (2013) 217 Cal.App.4th 272, 283-284)  For corporations, the person must be a member of its board of directors. Boards can review the minutes of a corporation's board meeting that designated its representative. For family trusts, the trustee on title to the property can serve on the board. 

Interpreters, Translators, and Sign Language
 

Translators. A translator converts written material from one language to another. 

Interpreters. An interpreter converts spoken words from one language to another. Associations are not required to provide an interpreter for board meeting attendees who speak other languages. Article III, Section 6 of the California Constitution provides that “English is the official language of the State of California.” In practice, if everyone on the board and everyone attending a meeting speaks Spanish, then Spanish should be spoken. If even one attendee speaks only English, the Board should provide a Spanish-to-English interpreter at no cost to the attendee. If the community speaks English, but a member does not and wants to bring an interpreter to board meetings, they may do so at their own expense.

Sign Language. If a deaf member requests a sign language interpreter for meetings, the association must reasonably accommodate the request. Associations do not have a duty to pay for the interpreter. (Terminology: "Hearing impaired" describes people with any degree of hearing loss, from mild to severe. "Hard of hearing" refers to hearing loss that can be improved with a hearing aid. "Deaf" refers to someone with a hearing loss so severe that they cannot hear and are dependent on visual communication, such as sign language and lipreading.)

Disruptive Attendees

For disruptive attendees who shout, use profanity, or interfere with board meetings, the board may:

• Impose penalties after appropriate due process, provided the board first adopts "rules of conduct" for its meetings, such as: "No audio or video recording is allowed by attendees. However, the secretary may record the meeting to help prepare minutes. The secretary deletes the recording once the minutes have been prepared. As provided in the "Open Meeting Act," members may observe the meeting but do not have the right to participate in the board's deliberations or votes. Members may address issues during the open forum portion of the meeting. If attendees become disruptive, they may be expelled from the meeting and/or fined." [Rules of conduct should be added to each meeting agenda so attendees know what they can and cannot do.]
   
• Eject them from the meeting (avoid physical contact, or they may claim assault and battery) and call the police if they refuse to leave.
   
• Move the meeting to a member's unit (if disruptive owners force their way in, it would be trespassing).
   
• Obtain a restraining order.
   
• Broadcast meetings to the membership.

Non-Members. Disruptive non-members may be excluded from meetings altogether.

Directors. See "Disruptive Directors."

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