California HOA Board Meeting Rules: What Boards and Residents Need to Know

Sajid Shabber
Sep 22
10 min read

Updated: Sep 30

In HOAs, meetings of the Homeowners Association Board are at the core of how your community is governed. The successful meeting ensures transparency, fairness, and trust. Inappropriate ones lead to frustration, conflict, legal risk, and sometimes lawsuits. Either on the board or as a resident in California, you need to understand the California HOA laws that govern HOA board meetings. This is not just about rules on paper; these laws protect your rights.

In California, HOA board meetings are handled primarily by the Davis-Stirling Common Interest Development Act, in particular, the Open Meeting Act. These laws define when, how, and where meetings must occur, what content is allowed, what rights members have, what records must be kept, and what remedies are available.

There are several types of HOA Board meetings under California law. Each comes with slightly different rules, and each raises different concerns for both boards and residents:

Regular board meetings
Special meetings
Emergency meetings
Executive sessions
Teleconference / virtual meetings

With those in mind, let’s walk through essential rules boards and residents need to know and how to make sure meetings are fair, lawful, and effective.

1. Notice: Timing, Delivery & What Must Be Included (Civ. Code § 4920)

California Civil Code § 4920 requires that general notice of a board meeting be given at least four (4) days before the meeting, except in certain circumstances, like emergency meetings or meetings held solely in executive session.

Notice must include the time and place of the meeting and must include the agenda of items to be discussed. If your HOA governing documents require longer notice, those requirements also apply.

For meetings held solely in executive session but not emergency meetings, a shorter notice (two days) may suffice, depending on what your documents say. In emergency situations, notice requirements are more relaxed.

Board checklist / how to comply

Draft and distribute notice at least 4 days ahead of regular board meetings.
Ensure the notice includes a full agenda: listing each topic, where physically, or if virtual, the link/instructions.
If a virtual or teleconference meeting (especially under AB 648), include technical instructions, contact info for someone who can help troubleshoot, and a reminder about how to get notice delivered individually.

Use approved delivery methods: general notice (which can be via newsletter, website, bulletin board, etc.) PLUS individual notice in some cases, if requested. Check your CC&Rs for delivery preferences.

What should residents look for?

Did you get the notice with the agenda at least 4 days before (or fewer days, if an emergency or your HOA docs specify)?
Does the agenda include every item the board will consider? Is there clarity (not just vague phrases)?
Is there clarity on where the meeting is (physical address / virtual link / how to join)?
If virtual, are there instructions and contact for help?
If you asked for individual notice, did you receive it?

2. Agenda Rules: Stay on the Published Topic & Permitted Exceptions (Civ. Code § 4930)

All too often, residents show up and feel blindsided: the board is discussing or acting on issues that were never on the agenda. That’s a red flag.

Under § 4930, a board may not discuss or take action on any item not on the agenda for a nonemergency meeting, unless certain exceptions apply.

Exceptions include:

If the board determines there's an emergency situation that could not be foreseen, and immediate action is needed.
If the board, by a two-thirds vote of directors present (or unanimous if less than two-thirds of all directors), decides that the need for action came after the agenda was published.
If the item was on a previously distributed agenda within the past 30 days and deferred to the upcoming meeting.

Also, while non-directors (members/residents) generally cannot force an item onto the agenda via the meeting itself (unless bylaws allow), they can speak on non-agenda items during “member comment” or open forum segments (depending on your governing documents).

3. Member Attendance & Speaking Rights, Reasonable Time Limits (Civ. Code §§ 4925 & 5000)

Residents often feel like they’re being shut out. The law helps protect your right to be heard.

Civil Code § 4925 gives members the right to attend open board meetings (except when the board adjourns or meets solely in executive session).

Also, members must be permitted to speak (i.e., comment) at meetings (open sessions), subject to reasonable time limits. The board gets to set the rules (how long each person can speak, total comment period, etc.).

What do boards need to do?

Include an “open forum” or “member comment” period on the agenda.
Set and publicize speaking rules (time limits per person; total time for comments).
Make sure virtual attendees (if allowed) have the ability to speak/comment under the same rules.
Avoid shutting out speakers without a valid cause.

What residents should expect?

Clear notice of meeting and agenda includes whether there’s an open forum and how to sign up or speak.
Opportunity to speak, without discrimination, on matters in open session.
If rules limit time, those rules should be applied evenly. If you feel the time limit was unreasonably short, you can raise that at the meeting or formally later.

4. Executive Sessions: Permitted Topics & Confidentiality (Davis-Stirling Exec Session Rules)

The term “executive session” always comes with tension: what can be hidden, what must be disclosed, and when is it legitimate?

Under Davis-Stirling, the board may meet in executive session under § 4935 for certain topics. Permitted subjects include:

Litigation (pending or anticipated) or legal counsel communications.
Personnel issues (hiring, firing, discipline of employees) where the law requires confidentiality.
Member discipline or violation enforcement (e.g., hearings related to rule violations).
Delinquent assessments/payment plan negotiations. Foreclosure decisions.

Confidentiality & what must happen

The Executive Session must be noticed properly (often shorter notice if only executive session or under emergency rules) per the relevant code and governing documents.

Minutes or summaries must be kept. After the meeting, the board must report in open session what categories of covered topics were discussed, without giving private details.

5. Minutes: What Must Be Kept + Member Access (Civ. Code § 4950)

A meeting without accurate minutes is like a law without enforcement.

Civil Code § 4950 requires that minutes (or a summary of minutes or draft minutes marked as such) of any board meeting (other than executive session items) must be made available to members within 30 days of the meeting.

Members may request copies, and the board may charge for the cost of making copies. The annual policy statement must tell members how to get minutes.

Best practices for boards

Circulate draft minutes, mark them clearly as “draft.”
After approval, keep official minutes and records.
Ensure minutes accurately reflect what was discussed in open session; include roll call votes, major actions, motions, who made them, etc.
For executive sessions, keep a separate record and only publicize general categories of discussion as required.

What residents should expect

You’ll receive or be able to request minutes (draft or final) within 30 days.
Review them to see if the agenda topics were actually discussed, and if actions taken were lawful.
If there’s a discrepancy or missing information, you can ask the board to correct or clarify in a subsequent meeting.

6. Quorum Rules & How Votes Are Valid (Corporations Code / Governing Documents)

Even with a notice and agenda perfect, if the quorum isn’t met or votes aren’t done properly, actions may be invalid.

Your HOA’s governing documents (bylaws / CC&Rs) will define what constitutes a quorum for board meetings. Without a quorum, the board typically cannot take binding action.

Votes often need a majority of those present, or sometimes a supermajority, depending on the documents. For certain actions (changes to CC&Rs, for instance), more stringent vote thresholds may apply.

Under virtual meetings, roll call votes are required under certain conditions (teleconference, only meetings) to ensure transparency.

At the beginning of the meeting, announce the quorum; record it in minutes. If quorum is lost during the meeting, stop proceedings or take only permissible actions (adjournment, etc.). Ensure governing documents are followed for vote thresholds. Use roll call votes where required (especially for virtual meetings under the new law).

What residents should expect

At each meeting, you hear or see whether a quorum has been met.
Votes are clear: who voted yes, who voted no, and abstentions.
For virtual meetings (especially under AB 648), roll call votes so you know who voted what.

7. Virtual / Teleconference Meetings: Current Law and What Changed (Civ. Code § 4090; Teleconference Guidance)

Many people had questions about whether boards can still hold hybrid or fully virtual meetings.

As of January 1, 2024, AB 648 allows California HOAs to conduct board meetings and member meetings entirely by teleconference (virtual) without a physical location, provided certain conditions are met.

However, meetings at which ballots are counted and tabulated (elections) still require a physical location. You cannot do those purely via teleconference.

Requirements for virtual meetings under the new law

To hold entirely virtual meetings under Civil Code § 4926:
Notice must include instructions on how to participate via teleconference.
Must include contact info (phone/email) of someone who can help with technical difficulties both before and during the meeting.
Reminder that members may request individual delivery of meeting notices, and instructions on how to do so.
Every director and member must have the same ability to participate as if the meeting were in person (so access, ability to speak, etc.).
Votes by the Board must be done by roll call vote (so members can see who voted what).

What do boards need to do?

Update or adopt policies to allow virtual meetings consistent with AB 648.
Ensure technology works (audio, maybe video, backup plan) so members can participate fully.
Provide help and support (technical assistance, instructions).
If election or ballot counting meetings, plan the physical location requirement.

What should residents look for?

Make a clear notice that the meeting is virtual, and that you’re welcome and able to participate just like in person.
Instructions, tech support, and process for speaking, voting (if applicable).
That board uses a roll call for votes.
If it’s an election/ballot meeting, whether there is a physical location as required by law.

8. Emergency Meetings: When They’re Allowed & How to Notify Members (Civ. Code § 4923)

Life happens. Sometimes boards must respond quickly to storms, safety risks, and urgent structural problems.

Civil Code § 4923 allows emergency meetings to be called by the president or by two directors (other than the president) when unforeseen circumstances require immediate attention and possible board action.

In those cases, the usual 4-day notice may be impracticable, so the requirement can be shortened or waived. But boards must document the reasons for the emergency.

What boards should do?

Clearly define who has the power to call an emergency meeting.
When making the decision, document what unforeseen circumstances caused the emergency.
Provide as much notice as possible under the circumstances; distribute notice by the fastest methods available (email/text/notice board, etc.).

What residents should expect

Even in emergencies, you should see a notice (even if short) that includes the agenda/topic.
You should be informed as soon as possible about the meeting, the issues, and what action the board intends to take.
After the fact, you can inspect minutes and documentation about why the emergency was declared.

9. Records, Privacy & Confidentiality: Balancing Transparency with Privacy Laws

Transparency is essential, but there's also sensitive business that needs protection. Knowing how this balance works matters.

Open Meeting Act and Davis-Stirling require many things to be public (notice, open session minutes, agendas, etc.).

Boards may not disclose privileged communications (legal, attorney-client), private personnel, or member private data in detail. During executive sessions, only specific topics are allowed.

Members have the right to inspect many HOA records under Civil Code §§ 5200-5240, though some redaction is allowed for privacy or privilege.

What boards should do?

Maintain separate records for executive sessions; limit what is made public.
When disclosing minutes or summaries, redact personal/private information not required by law (e.g., addresses, financial data, medical info).
Adopt and follow a records access policy so members know how to request records, what they can see, and timelines.

What residents should expect?

Ability to request and inspect agendas, minutes, and other records (non-confidential).
Transparency in open sessions (e.g., votes, motions).
Appropriate redaction of sensitive/private content, but disclosure of what is legally required.

10. Enforcement, Member Remedies & Common Violations to Avoid

Knowing the rules is one thing; knowing what to do when they are violated is what protects your rights.

Common violations

The board holds meetings without proper notice or with delayed notice.
Agenda items are being added at the last minute, or action is being taken on items that were not published in the agenda.
Members were not given a chance to speak/public comments.
Executive sessions are being used for topics not legally permitted.
Minutes are missing, inaccurate, or delayed.
Meetings declared virtual but do not meet AB 648’s requirements (e.g., no tech support, physical location required but missing).

Member Should

First, ask the board in writing to comply, show you evidence (notice, agenda).
Keep documentation: save emails, notices, agendas, minutes.
Use internal dispute mechanisms if the HOA provides them (mediation, member grievance process).
If necessary, use legal tools: civil action under Davis-Stirling Open Meeting Act, request declaratory or injunctive relief. The Civil Code allows action for violations.

What can boards do to prevent risk?

Train board members (volunteers) in these laws.
Adopt written policies for notice, agenda, speaking, and virtual meetings.
Use checklists and templates.
Engage counsel or HOA law specialists when in doubt.

Good governance starts with clear rules and communication. As a trusted HOA management company in California, we make sure your community’s board meetings run smoothly and lawfully.

FAQs

How often should the HOA board meet?

It depends on your HOA’s governing documents (bylaws/CC&Rs). Some require monthly, others quarterly. The law does not mandate a specific frequency for all HOAs, but whichever schedule you follow.

How do you handle motions at HOA meetings?

When a board member or resident (if allowed) proposes action, that's a motion. The procedure generally is: someone makes the motion; another seconds it, discussion, then a vote. Votes should be recorded, with who moved, who seconded, and how each director voted.

Conclusion

If you live in California and are part of an HOA, whether on the board or just a member, you deserve meetings that are fair, open, and in compliance with the law. Understanding California HOA board meeting rules is your tool for ensuring that.

If you ever feel the board has strayed from what’s legal, document the issue, raise it with the board, and if needed, seek legal advice. But often, good governance starts with understanding and communication.

Have questions? Call 415-547-0337 to get community-specific answers about your HOA board meeting rules and safeguard your rights.