3 comments on “Minutes

  1. When I served on the Board I made it a point to become familiar with Davis-Stirling requirements and feel confident that business discussions are to take place in an open meeting.

    Our new board held a special meeting to “discuss re-vote on paint schemes voted upon by members” ….. there was no discussion; a motion was made, seconded and unanimously passed to “undo” the previous vote of the members and conduct a new vote.

    Is this permissible?

    • No.

      Civil Code 4910 The board shall not take action on any item of business outside of a board meeting

      What do you mean by Special Meeting?

      Do you mean Executive Session? A “secret meeting” where the members where not allowed to attend the meeting? Nor were the members able to be heard during public comment or open forum?

      Civil Code 4935 Board’s can only meet in executive session for very limited reasons. IMHO voting on painting schemes would not be one of them. You might have some “know it all” say that painting is formation of contracts. I don’t know why boards want to keep everything secret. Whose money and property is it?

      Civil Code 4920 (b) (2) requires executive session to be noticed and (d) requires an agenda

      Civil Code 4925 (c) allows any member the right to speak at a meeting.

      Where the members notified of this meeting? Civil Code 4920.

      • Click here to view video excerpt from Barber Shop 2 on the right to be heard, before a governing body makes a decision to spend YOUR $$$.

        Excerpts from Plot Summary:

        Meanwhile, the barbershop and other businesses like it are under threat from gentrification, and Calvin is offered a substantial bribe from Brown and Leroux in exchange for his support of the city council’s gentrification legislation.

        Calvin decides to refuse the bribe money and speak out against the neighborhood’s gentrification at the local city council meeting. Though the gentrification project is approved, the community remains loyal to Calvin’s barbershop.

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