1363.05.
(a) This section shall be known and may be cited as the Common Interest
Development Open Meeting Act.
(b) Any member of the association may attend meetings of the board
of directors of the association, except when the board adjourns to executive
session to consider litigation, matters relating to the formation of contracts
with third parties, member discipline, personnel matters, or to meet with a
member, upon the member's request, regarding the member's payment of
assessments, as specified in Section 1367 or 1367.1. The board of directors of
the association shall meet in executive session, if requested by a member who
may be subject to a fine, penalty, or other form of discipline, and the member
shall be entitled to attend the executive session.
(c) Any matter discussed in executive session shall be generally
noted in the minutes of the immediately following meeting that is
open to the entire membership.
(d) The minutes, minutes proposed for adoption that are marked to
indicate draft status, or a summary of the minutes, of any meeting of the board
of directors of an association, other than an executive session, shall be
available to members within 30 days of the meeting. The minutes, proposed
minutes, or summary minutes shall be distributed to any member of the
association upon request and upon reimbursement of the association's costs for
making that distribution.
(e) Members of the association shall be notified in writing at the
time that the pro forma budget required in Section 1365 is
distributed, or at the time of any general mailing to the entire membership of
the association, of their right to have copies of the
minutes of meetings of the board of directors, and how and where those minutes
may be obtained.
(f) Unless the time and place of meeting is fixed by the bylaws, or
unless the bylaws provide for a longer period of notice, members
shall be given notice of the time and place of a meeting as defined in
subdivision (j), except for an emergency meeting, at least four
days prior to the meeting. Notice shall be given by posting the notice in a
prominent place or places within the common area and by
mail to any owner who had requested notification of board meetings by mail, at
the address requested by the owner. Notice may also be given, by mail or
delivery of the notice to each unit in the development or by newsletter or
similar means of communication. The
notice shall contain the agenda for the meeting.
(g) An emergency meeting of the board may be called by the
president of the association, or by any two members of the governing
body other than the president, if there are circumstances that could not have
been reasonably foreseen which require immediate attention and possible action
by the board, and which of necessity make it impracticable to provide notice as
required by this section.
(h) The board of directors of the association shall permit any
member of the association to speak at any meeting of the association
or the board of directors, except for meetings of the board held in executive
session. A reasonable time limit for all members of the
association to speak to the board of directors or before a meeting of the
association shall be established by the board of directors.
(i) (1) Except as described in paragraphs (2) to (4),
inclusive, the board of directors of the association may not discuss or take
action on any item at a nonemergency meeting unless the item was placed on the
agenda included in the notice that was posted and
distributed pursuant to subdivision (f). This subdivision does not prohibit a
resident who is not a member of the board from speaking on issues not on the
agenda.
(2) Notwithstanding paragraph (1), a member of the board of
directors, a managing agent or other agent of the board of directors,
or a member of the staff of the board of directors, may do any of the following:
(A) Briefly respond to statements made or questions posed by a
person speaking at a meeting as described in subdivision (h).
(B) Ask a question for clarification, make a brief announcement, or
make a brief report on his or her own activities, whether in
response to questions posed by a member of the association or based upon his or
her own initiative.
(3) Notwithstanding paragraph (1), the board of directors or a
member of the board of directors, subject to rules or procedures of
the board of directors, may do any of the following:
(A) Provide a reference to, or provide other resources for factual
information to, its managing agent or other agents or staff.
(B) Request its managing agent or other agents or staff to report
back to the board of directors at a subsequent meeting concerning any matter, or
take action to direct its managing agent or other agents or staff to place a
matter of business on a future agenda.
(C) Direct its managing agent or other agents or staff to perform
administrative tasks that are necessary to carry out this
subdivision.
(4) (A) Notwithstanding paragraph (1), the board of directors may
take action on any item of business not appearing on the agenda
posted and distributed pursuant to subdivision (f) under any of the following
conditions:
(i) 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.
(ii) 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 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 posted and
distributed pursuant to subdivision (f).
(iii) The item appeared on an agenda that was posted and
distributed pursuant to subdivision (f) for a prior meeting of the
board of directors that occurred not more than 30 calendar days before the date
that action is taken on the item and, at the prior
meeting, action on the item was continued to the meeting at which the action is
taken.
(B) Before discussing any item pursuant to this paragraph, the
board of directors shall openly identify the item to the members in
attendance at the meeting.
(j) As used in this section, "meeting" includes any congregation of
a majority of the members of the board at the same time and place to hear,
discuss, or deliberate upon any item of business scheduled to be heard by the
board, except those matters that may be discussed in executive session.
(Return to
Rules/Governing Documents page)
f f f
Agapanthus species, Lily-of-the-Nile, an adaptable evergreen
perennial to 2 feet in height with white or blue flower stalks. Does well in
full sun or partial, shade. Drought tolerant when established. Can freeze back
during High Desert winters.
(City of
Victorville Water Conservation Tips and
Recommended Xeriscape Plant List)
