Overview
California’s Open Meeting Act, found within California’s Davis-Stirling Act, is the primary law that governs how HOA boards in California must conduct their board business. It requires that meetings be open to all members, that notices and agendas be provided in advance, and that decisions not occur in secret. These transparency rules are what keep HOA boards accountable to the homeowners they represent.
When a California HOA board violates the Open Meeting Act, the Davis-Stirling Act gives homeowners remedies, including attorney’s fees and statutory penalties of up to $500 per violation. Whether your board is meeting in secret, voting by email, or refusing to release minutes, these are legal violations that can be documented, challenged, and corrected.
This Fact Sheet explains the step-by-step actions homeowners can take to address Open Meeting Act violations, how to demand compliance, and what enforcement tools the law provides when a board refuses to follow the rules.
For a quick-guide on how the Open Meeting Act works in California HOAs, see my Fact Sheet, “California HOA Open Meeting Act: Homeowner Rights and Board Obligations.”
Key Points
When a bad HOA board violates California’s Open Meeting Act, HOA members have powerful legal remedies. The following checklist explains how to gather evidence, demand compliance, and force your HOA when it ignores California HOA transparency laws.
- Identify the violation. The most common breaches include holding meetings without proper notice (or providing an agenda), taking action by email (and thus outside of the presence of the HOA’s membership), discussing non-permitted topics in executive session, skipping agendas, or failing to provide minutes within 30 days.
- Collect proof. Keep every piece of correspondence, missing notice, or undelivered agenda. Save online posts showing decisions made outside a meeting. The stronger your documentation, the stronger your case.
- Make a written demand for compliance and cite statutes violated. Send a dated letter AND email to the board (or management company) citing the specific statutes they violated, such as Civil Code 4920 (notice and agenda requirement), Corporations Code 8320 (requirement to take minutes), Civil Code 4950 (making minutes available to HOA members within 30 days), or Civil Code 4935 (liming what can be discussed in executive session to five enumerated items). Request that the violation be acknowledged and corrected at the next open meeting.
- Mobilize other members. Boards often change behavior when wrongdoing is brought into the light. Nothing accomplishes this more than notifying fellow HOA members of the wrongdoing. So, bring the issue to the membership’s attention, request that it appear on the next agenda, and circulate a petition demanding compliance with the Open Meeting Act.
- IDR. If you think it will help, demand internal dispute resolution (IDR) so that you can lay out your grievance with one or more board members. If you make the demand for IDR in writing and follow the requirements contained in Civil Code 5910, the HOA must agree to participate. The reverse is never true, meaning that IDR is never required on the part of the homeowner regardless of what the board, management company, or your HOA’s governing documents might say.
- Hire MBK Chapman to facilitate ADR if IDR fails. If you attempted IDR, and it didn’t work, or if you decided that IDR would accomplish nothing, you may be required by Civil Code 5930 to engage in Alternative Dispute Resolution (ADR) in the form of mediation before suing. As I explained in a short episode of my podcast, HOA HELL (“What’s the Difference Between a “Regular” Demand Letter and An ADR Demand Letter?”), ADR is complex, and we believe homeowners should be represented by competent, experienced attorneys, such as my team at MBK Chapman. Our attorneys have shepherded thousands of homeowners through ADR, and in the majority of cases, we’ve been able to facilitate settlements between our clients and their HOAs.
- File a lawsuit if nothing else works. Under Civil Code 4955, any member may sue for injunctive relief or statutory penalties of up to $500 per violation if their HOA board violates the Open Meeting Act. A homeowner who prevails shall recover attorney’s fees and costs. The HOA may only recover fees if the court finds the homeowner’s case frivolous, unreasonable, or without foundation.
California homeowners have powerful tools to compel their HOA boards to operate out in the open (as required by the Open Meeting Act). When HOAs from HELL violate the Open Meeting Act, the key is documenting the evidence, demanding compliance in writing, and enforcing your rights through IDR, ADR, or the courts when necessary.
FAQs
What are the most common violations of the California HOA Open Meeting Act?
Typical violations include conducting business by email, failing to post meeting notices and agendas, discussing open-session issues in closed executive sessions (i.e., abusing the executive session), or withholding meeting minutes.
Do I need to notify the HOA before taking legal action?
It depends. While homeowners are never required to engage in IDR (HOA boards are, however, required when properly demanded by a homeowner), in certain cases, ADR is required before an HOA member (or the HOA itself) can file a lawsuit. If you’d like to take a quick look into this issue, read my Fact Sheet, “California HOA Mediation: When ADR Is Mandatory Under Civil Code 5930.”
What can I get if I prove my HOA Violated the Open Meeting Act?
Under Civil Code 4955, prevailing homeowners recover attorney’s fees and costs plus up to $500 in statutory penalties for each violation. The HOA can recover its fees only if the court finds your case frivolous.
How should I document my HOA's violation of the Open Meeting Act?
Retain all notices, agendas, and minutes (or their absence). Keep emails or screenshots showing decisions made outside proper meetings. Documentation is the foundation of any enforcement action.
Are most disputes between HOA members and HOAs resolved without a lawsuit?
Yes. Many boards correct their conduct after a formal written demand or mediation (held within the auspices of an ADR demand under Civil Code 5930. Legal action is the final step when voluntary compliance fails. In most cases, the attorneys at MBK Chapman are able to secure a mutually agreeable settlement without the need to resort to a lawsuit.
How can I prevent my HOA from violating the Open Meeting Act?
Request minutes within 30 days of every open board meeting, attend regularly, and remind your board of its obligations under the Open Meeting Act. Persistent oversight by homeowners ensures transparency.
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.
AND DON’T FORGET TO TUNE INTO MY PODCAST, HOA HELL
YOU CAN ALSO ORDER MY GROUNDBREAKING BOOK
HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs
Amazon | Barnes & Noble
