May Owners Set the Agenda for a Homeowners Association Meeting? – Article by

Article by Beth Grimm, P.L.C. HOA & Condo Attorney

Who sets the agenda for HOA or Condo meetings? This reader has a novel question:

Q.Q. (quick question):  Are owners allowed to place items on the agenda of an open meeting?”   Thanks!

PS Does this appear in 1363.05??”
The Davis Stirling Act does talk about agendas. It says that one has to be distributed to members before the open meetings and uses the same notice requirements as the meeting notice – which means at least 4 days before the open meeting.  The law also imposes certain requirements if a board is going to consider action that does not appear on the agenda (it has to be something that could not have been foreseen).
This does appear in 1363.05. However the DS Act does not say who puts items on the agenda. That would most likely be the President of the Association. In some associations the manager can suggest an agenda to the President, and in others, the Board allows any board member to put items on the agenda. The manager might be in the best position to suggest agenda items because of the stronger likelihood that he or she would get some of the calls that might raise action items. But owners are not allowed to add items to the agenda for open board meeting or for membership meetings. In the “olden” days before the 2006 election laws for homeowner associations, a homeowner could make a motion at a membership meeting (although that did not guarantee action would be taken), but now, everything has to be done ahead of the meeting and members can’t vote on any of the items in Civil Code Section 1363.03 at a meeting. Voting is done by mailed secret ballot – counting can be done at a meeting.
The Board is in charge of what gets on the agenda one way or the other (usually happens through the President) as it is the administrative body that is elected to run the association.
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