BILL NUMBER: AB 2417	CHAPTERED  07/17/02

	CHAPTER  195
	FILED WITH SECRETARY OF STATE  JULY 17, 2002
	APPROVED BY GOVERNOR  JULY 16, 2002
	PASSED THE ASSEMBLY  JUNE 30, 2002
	PASSED THE SENATE  JUNE 27, 2002
	AMENDED IN SENATE  JUNE 13, 2002
	AMENDED IN ASSEMBLY  APRIL 30, 2002
	AMENDED IN ASSEMBLY  APRIL 1, 2002

INTRODUCED BY   Assembly Member La Suer

                        FEBRUARY 21, 2002

   An act to amend Section 1363.05 of the Civil Code, relating to
common interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2417, La Suer.  Common interest developments:  meetings.
   Existing law, the Davis-Stirling Common Interest Development Act,
defines and regulates common interest developments and provides that
any member of the association may attend meetings of the board of
directors of the association, except when the board adjourns to
executive session to consider  specified matters.  Existing law
requires matters discussed in executive session to be generally noted
in the minutes of the board of directors.
   This bill would require that matters discussed in executive
session be noted in the minutes of the immediately following meeting
open to the entire membership.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1363.05 of the Civil Code is amended to read:
   1363.05.  (a) This section shall be known and may be cited as the
Common Interest Development Open Meeting Act.
   (b) Any member of the association may attend meetings of the board
of directors of the association, except when the board adjourns to
executive session to consider litigation, matters relating to the
formation of contracts with third parties, member discipline, or
personnel matters.  The board of directors of the association shall
meet in executive session, if requested by a member who may be
subject to a fine, penalty, or other form of discipline, and the
member shall be entitled to attend the executive session.
   (c) Any matter discussed in executive session shall be generally
noted in the minutes of the immediately following meeting open to the
entire membership.
   (d) The minutes, minutes proposed for adoption that are marked to
indicate draft status, or a summary of the minutes, of any meeting of
the board of directors of an association, other than an executive
session, shall be available to members within 30 days of the meeting.
  The minutes, proposed minutes, or summary minutes shall be
distributed to any member of the association upon request and upon
reimbursement of the association's costs for making that
distribution.
   (e) Members of the association shall be notified in writing at the
time that the pro forma budget required in Section 1365 is
distributed, or at the time of any general mailing to the entire
membership of the association, of their right to have copies of the
minutes of meetings of the board of directors, and how and where
those minutes may be obtained.
   (f) As used in this section, "meeting" includes any congregation
of a majority of the members of the board at the same time and place
to hear, discuss, or deliberate upon any item of business scheduled
to be heard by the board, except those matters that may be discussed
in executive session.
   (g) Unless the time and place of meeting is fixed by the bylaws,
or unless by bylaws provide for a longer period of notice, members
shall be given notice of the time and place of a meeting as defined
in subdivision (f), except for an emergency meeting, at least four
days prior to the meeting.  Notice may be given by posting the notice
in a prominent place or places within the common area, by mail or
delivery of the notice to each unit in the development, or by
newsletter or similar means of communication.
   (h) An emergency meeting of the board may be called by the
president of the association, or by any two members of the governing
body other than the president, if there are circumstances that could
not have been reasonably foreseen which require immediate attention
and possible action by the board, and which of necessity make it
impracticable to provide notice as required by this section.
   (i) The board of directors of the association shall permit any
member of the association to speak at any meeting of the association
or the board of directors, except for meetings of the board held in
executive session.  A reasonable time limit for all members of the
association to speak to the board of directors or before a meeting of
the association shall be established by the board of directors.