BILL NUMBER: SB 528	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Aanestad

                        FEBRUARY 22, 2007

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 528, as introduced, Aanestad. Common interest developments:
open meetings.
   Existing law requires that a common interest development be
managed by an association. The Common Interest Development Open
Meeting Act provides that any member of the governing association of
a common interest development may attend meetings of the board of
directors of the association, except as specified. The act also
requires that notice of the time and place of a meeting be given to
members at least 4 days prior to the meeting, except as specified.
   This bill would prohibit the board of directors from considering
any subject matter at a meeting unless the subject matter was placed
on the agenda when the meeting was announced. The bill would also
make technical changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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,
personnel matters, or to meet with a member, upon the member's
request, regarding the member's payment of assessments, as specified
in Section 1367 or 1367.1. 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 that is
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) 
    (f)  Unless the time and place of meeting is fixed by
the bylaws, or unless the 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)   (j)
 , except for an emergency meeting, at least four days prior to
the meeting. Notice shall be given by posting the notice in a
prominent place or places within the common area and by mail to any
owner who had requested notification of board meetings by mail, at
the address requested by the owner. Notice may also be given, by mail
or delivery of the notice to each unit in the development or by
newsletter or similar means of communication. 
   (h) 
    (g)  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) 
    (h)  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. 
   (j)  
   (i) The board of directors of the association may not consider any
subject matter at a meeting unless the subject matter was placed on
the agenda when the meeting was announced.  
   (j) 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.