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FOUR SEASONS BREEZE | NOVEMBER 2019 5 By Eric Zarr In California, all Homeowners Associations are governed by the Davis-Stirling Common Interest Development Act. The Act was first written in 1985 and went into effect on Jan. 1, 1986. Each year the legislature amends and revises the Act, and the Act was completely reorganized and rewritten in 2014. An integral part of the Act is how a board can, and cannot, conduct business. The Board must operate in an open manner and hold open meetings. The Act includes Civil Code Section 4900, also known as the Open Meeting Act. "The board shall not take any action on any item of business outside of a board meeting." Civ. Code 4910(a). A board meeting is defined by the Act as a quorum of directors gathered at the same time and place to "hear, discuss, or deliberate upon any item of business that is within the authority of the board." Civ. Code 4090. As Four Seasons Beaumont is a seven member board, a quorum is when four or more Board members are gathered together. Email meetings are prohibited unless for an emergency, which is also defined in the Act. Civil Code Section 4920 requires that an agenda for meetings is published. The agenda for an executive session meeting must be posted two days prior to the meeting. The agenda for an open session meeting must be posted four days in advance. The Association posts both agendas once created which is normally seven days in advance. The agendas are posted to the bulletin board in The Lodge and online. Civil Code Section 4925 codifies the rights of homeowners to attend and speak at board meetings. Civil Code does permit a reasonable time limit for this part of the meeting which has been established as three minutes per speaker and thirty minutes for this portion of the meeting. The Board cannot discuss or act upon an item if it is not on the agenda that has been posted. However, Civil Code does allow the board to, "briefly respond to statements or questions posed by a person speaking at a meeting" or to "ask a question for clarification, make a brief announcement…" In a Homeowner Forum, one will see that a homeowner might ask a question or want to discuss an item with the Board. The Board is limited in how the Board can respond, based on the above Civil Code. If a question is posed, or more information can be given to the owner, correspondence will be sent to the owner directly the following week. GENERAL MANAGER'S REPORT The Davis-Stirling Act & HOA Board Meetings

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