Boards of directors may not discuss or take action on any item at a non-emergency meeting unless the item was placed on the agenda and proper notice was given to the membership. However, as provided for in (Civil Code § 4930(d)), the board may take action on any item of business not appearing on the agenda under the following conditions:
1. Emergency. Upon a determination made by a majority of the board of directors present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice.
2. Immediate Action. Upon a determination made by the board by a vote of two-thirds of the members present at the meeting, or, if less than two-thirds of the total membership of the board is present at the meeting, by a unanimous vote of the members present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was properly posted and distributed.
3. Prior Meeting Agenda. The item appeared on an agenda that was posted and distributed for a prior meeting of the board of directors that occurred not more than 30 calendar days before the date that action was taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken.
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