Overview

The Davis-Stirling Act includes within it a set of Civil Code sections euphemistically called the Open Meeting Act (Civil Code 4900–4955). These laws are designed to keep HOA boards transparent and accountable the association’s members by ensuring that HOA business is conducted openly, that members have proper notice of meetings, and that decisions aren’t made behind closed doors unless authorized by law (in, for example, the Davis-Stirling Act’s executive session rules under Civil Code 4935).

When boards violate California’s Open Meeting Act, homeowners are left in the dark about budgets, rule changes, or legal decisions that affect their property. This Fact Sheet explains your rights under the Open Meeting Act, what boards are required to do, and how to recognize when they’ve crossed the line.

For a quick-guide on how what you can do if your HOA violates the Open Meeting Act, see my Fact Sheet “What to Do When Your HOA Violates California’s Open Meeting Act.”

Key Points

The Open Meeting Act requires HOA boards to operate transparently. The following points explain the key provisions, what boards must do, and what rights homeowners have when they don’t.

• All board meetings must be open to members. Civil Code 4900–4930 requires that most association business be conducted in open session, where homeowners can attend and observe. Boards cannot make decisions by email, text, or “informal gatherings.”
• Proper notice and agendas are mandatory. Unless an HOA’s governing documents (typically the Bylaws) provide a longer notice period, Civil Code 4920 requires at least four days’ advance notice for regular meetings and two days’ notice for executive sessions. The agenda must list every item the board intends to discuss or vote on. Except in extremely limited circumstances, HOA boards cannot take action at a board meeting on topics that weren’t listed in the notice and agenda.
• Emergency meetings are the only exception. Civil Code 4923 allows a board to meet without prior notice only when an urgent situation demands immediate action and cannot wait for normal notice periods. Even then, the meeting must be limited to the emergency at hand.
• Executive session topics are strictly limited. Civil Code 4935 is crystal clear about the five topics that HOA boards can meet privately to discuss in executive session: third-party contracts, litigation, personnel issues, disciplinary hearings, and member payment matters. Civil Code 4935 requires boards to announce executive sessions to the membership and summarize the general topic afterward in the next open meeting’s minutes.
• Minutes are required in all board meetings (including committees). Corporations Code 8320 requires your HOA board to take minutes in all open and executive session board meetings, as well as in all committee meetings.
• Open meeting minutes must be accessible to homeowners. Civil Code 4950 requires your HOA board to make open meeting minutes available within 30 days of each board meeting. Homeowners have a right to review or request copies. Failing to keep or share minutes of open meetings is illegal.
• No secret votes or “email approvals.” Board votes must occur in open session (except those limited to executive-session matters). Civil Code 4910 prohibits “action without a meeting” except in very narrow circumstances specifically allowed by law.
• Special meetings have their own rules. Boards can hold special meetings for urgent or unique issues, but Civil Code 4920 still requires four days’ notice and a clearly stated agenda. These meetings must also be open to members unless the discussion falls under a valid executive-session exception.
• Homeowners have a right to enforce the Open Meeting Act. Under Civil Code 4955, members can sue for injunctive relief (to stop or prevent violations) and recover statutory penalties of up to $500 per violation if the board acts illegally. Homeowners who prevail are entitled to their attorney’s fees and costs. The reverse is not true unless the homeowner’s suit is deemed frivolous.

The Open Meeting Act gives homeowners the power to monitor their boards, demand accountability, and keep association decisions in the open. Not only will you be entitled to your attorney’s fees and costs if you prove that your HOA violated the Open Meeting Act, but you’ll also be entitled to statutory penalties of up to $500 per violation.

If your board remain non-compliant, you should contact us at MBK Chapman. We’re California’s #1 experts in holding HOA boards accountable.

FAQs

About MBK Chapman Fact Sheets

Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.

At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.

Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.

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