HOA Homefront: What does 4 days really mean when it comes to posting agendas?

Q: Before our monthly committee meetings, agendas are provided to each proprietor the week earlier the meeting. Occasionally the committee schedules a peculiar unfastened meeting. We cognize that docket notification for a peculiar unfastened gathering indispensable beryllium provided to the assemblage 4 days earlier the meeting. What is “four days”? Does it request to beryllium posted four, afloat 24-hour days? Does the docket person to beryllium delivered to each proprietor oregon is posting connected a bulletin committee sufficient? — E.K., Oceanside

A: Civil Code Sections 4920(a)(d) and 4930(a) necessitate that agendas beryllium posted 4 days earlier the committee gathering and prohibit committee discussions connected items not disclosed (with immoderate exceptions based connected urgency).

However, the statute does not accidental that 4 days means 96 hours. So, absent further guidance from the legislature oregon courts, a announcement could beryllium posted little than 96 hours earlier a meeting, truthful agelong arsenic it is 4 calendar days earlier the time of the meeting.

Board meetings are not required to beryllium individually announced to each member. Per Civil Code Section 4920(c), the announcement is by “general delivery.” General transportation per Civil Code Section 4045 includes (among different methods) posting the announcement successful the determination announced by the HOA for notices. Starting successful 2022, that determination whitethorn see the HOA’s website.

Q: What, if any, value is determination erstwhile a committee fails to comply with a request specified arsenic posting an docket 4 days earlier a committee meeting? Is the lone recourse to elite a caller committee and anticipation they’ll bash a amended job? — B.H., Alhambra

A: A committee not posting agendas cannot bash thing successful the gathering but woody with emergencies and clasp an unfastened forum.

Civil Code Section 4930(a) is rather clear: “…the committee whitethorn not sermon oregon instrumentality enactment connected immoderate item… unless the point was placed connected the agenda…” A nonaccomplishment to comply with the request could unfastened the committee to an statement that each of its actions are not due firm actions and could beryllium acceptable aside. However, suing is astir ever a atrocious thought due to the fact that it doesn’t alteration the board’s refusal to larn however to bash things properly. Remember this the adjacent clip determination is simply a telephone for nominations for the board.

Q: I’ve asked our HOA to adhd a abbreviated statement (one to 2 sentences) for each docket point connected the regular monthly agenda. The effect has been, “there is ample clip to inquire questions erstwhile the point comes up for discussion/action.” I privation to cognize up of the gathering if determination is simply a topic/agenda point I’m funny successful truthful I tin determine if I privation to ticker (zoom) oregon be the meeting. How tin homeowners get this benignant of accusation connected the agenda? — L.O., Nipomo

A: The “agenda posting” request is designed to assistance homeowners determine if they privation to be a fixed committee meeting. Therefore, the posted docket should incorporate capable accusation to disclose the taxable of discussion. That mightiness see  a fewer words, specified arsenic “review landscaping performance” oregon “consider coating bids.” It’s not lone required by instrumentality but is besides a bully thought to physique assemblage spot successful the board.

Kelly G. Richardson, Esq. is simply a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober DeNichilo LLP, a instrumentality steadfast known for assemblage relation advice. Submit questions to Kelly@rodllp.com.