Members Only. 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 a right to attend board or membership meetings. Unless an association's governing documents provide otherwise, the legal right to attend meetings as provided for in the Open Meeting Act is reserved for members only. (Civ. Code §4925.)
- Spouses. Even though the legal right to attend board and membership meetings is reserved to members only, industry practice is to allow 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, provided they are not disruptive.
- Lawyers. Industry practice is to prohibit non-member lawyers from attending board and membership meetings.
- Realtors. Nonmember Realtors do not have a legal right to attend board meetings even though they may do business in the development. At the board's discretion, however, they can attend.
Disruptive Attendees. Disruptive attendees, despite their membership status, can be removed from meetings.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.