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Board Members Beware of the Open Meeting Act

Posted by Joel Kriger | Aug 11, 2014 | 0 Comments

The Open Meeting Act (Civil Code Sections 4900, et seq.) states that “ [T]he Board of an Association may not take action of any item of business outside a board meeting”, including via electronic mail unless it is an emergency.  Electronic mail may be used as a method of conducting an emergency board meeting if all directors consent in writing to a vote via email, and the consents are filed with the minutes of the board meeting.  If a violation of the Open Meeting Act occurs, members of the Association can sue the Association for declaratory or injunctive relief.  Further, if the member prevails in court, he/she is entitled to recover his/her attorneys' fees and costs from the Association.  The court can also impose a penalty of $500 per violation.

About the Author

Joel Kriger

Owner Practice Areas: Community Association Counsel Joel M. Kriger is the founder of Kriger Law Firm. A native of Pennsylvania, Joel graduated from Temple University in 1970 and moved to San Diego to attend the University of San Diego School of Law, from which he graduated in 1973. Joel maintai...

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