ARE CALIFORNIA HOAs Subject to the Brown Act?

Here’s the question recently submitted that triggered this blog:

Are California HOA’s subject to the Brown Act, opening meeting laws, etc.?

 My main concern we have a 5 member board and three of the directors sit on one committee. Can they meet without regard to the meetings laws?

Here is the information I provided part of which comes directly from THE DAVIS STIRLING ACT IN PLAIN ENGLIST, which is a book that is available on my website at californiacondoguru.com:

California HOAs are not subject to the Brown Act but there is a whole comprehensive section in the Davis Stirling Act portion of the Civil Code on open and closed meetings in homeowner associations.

You can pull the codes for free from the California state website. They start at Civil Code Section 4900.

TAKEN FROM THE DAVIS STIRLING ACT IN PLAIN ENGLISH by Beth A. Grimm, HOA Attorney:

 “ARTICLE 2. Board Meeting [4900 - 4955]
4900.  COMMON INTEREST DEVELOPMENT OPEN MEETING ACT

This article shall be known and may be cited as the Common Interest Development Open Meeting Act.

Comment: HOAs are subject to this Act, but not the Brown Act which regulates the meeting processes for governmental (public) entities.”

 The Davis Stirling book consists of the statutes and explanation like this in the comments. If you would like to own it,  is available on the publications page of my website at californiacondoguru.com.
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TOO MANY CARS, TOO LITTLE RESPECT IN MY HOA

TOO MANY CARS, TOO LITTLE RESPECT IN MY HOA Hello. The last E-newsletter that I did regarded parking problems in HOAs. It might have broken the record for “opens” in any edition yet (except maybe the bullying series last fall). I received lots of “thank yous” and also some lengthy messages. I am sharing the [...]

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Beth A. Grimm is an attorney who serves homeowner associations and homeowners alike. She is a frequent contributor to the Echo Journal and other similar publications in the State of California and on a national level. She provides several publications written in plain English to help people who need information about California law as it relates to homeowner and condominium associations.

Things to keep in mind about this site: Practical Nuts and Bolts Problems and Solutions are Discussed. Beth A. Grimm practices law in California ONLY! There is nothing in these blogs that is intended to constitute legal advice. You must consult with an attorney if you want legal advice!