Nahrstedt v. Lakeside Village Condominium Assn.

2 page summary brown act
2 page summary brown act

Board meetings served a function similar to that of a governmental body. As our Supreme Court has recognized, owners of planned development units “comprise a little democratic sub society….”

In exchange for the benefits of common ownership, the residents elect an legislative/executive board and delegate powers to this board. This delegation concerns not only activities conducted in the common areas, but also extends to life **210 within “the confines of the home itself.” A homeowners association board is in effect “a quasi-government entity paralleling in almost every case the powers, duties, and responsibilities of a municipal government.”  Because of a homeowners association board’s broad powers and the number of individuals potentially affected by a board’s actions, the Legislature has mandated that boards hold open meetings and allow the members to speak publicly at the meetings. ( Civ.Code, §§ 1363.05 , 1363; 1350- 1376.)

These provisions parallel California’s open meeting laws regulating government officials, agencies and boards. (Ralph M. Brown Act, Gov.Code, § 54950 et seq.) Both statutory schemes mandate open governance meetings, with notice, agenda and minutes requirements, and strictly limit closed executive sessions. (See, e.g., Civ.Code, § 1363.05, subd. (b). ) Damon v. Ocean Hills Journalism Club  davis-stirling.com

Brown Act Model

The legislature patterned the Open Meeting Act on the open meeting provisions of the Brown Act:

Because of a homeowners association board’s broad powers and the number of individuals potentially affected by a board’s actions, the Legislature has mandated that boards hold open meetings and allow the members to speak publicly at the meetings. (Civ.Code) These provisions parallel California’s open meeting laws regulating government officials, agencies and boards. (Ralph M. Brown Act, Gov.Code, § 54950 et seq.) Both statutory schemes mandate open governance meetings, with notice, agenda and minutes requirements, and strictly limit closed executive sessions. (Damon v. Ocean Hills Journalism Club )   Davis-stirling.com

Links – Resources – References

Davis Stirling.com  on how we can look to guidance in the Brown Act, where the stakes are higher.

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