Q: If the board decides to change any rules shouldn't those rule changes be placed on the open general session board meeting agenda for discussion and vote of the board members before being sent out for the 28-day comment period?
Q: If the board decides to change any rules shouldn't those rule changes be placed on the open general session board meeting agenda for discussion and vote of the board members before being sent out for the 28-day comment period? Is it a violation to make this decision in executive session, without first putting it on the open general session agenda? — P.G., Rancho Santa Margarita A: The adoption, deletion or changing of HOA rules must comply with Civil Code Sections 4340-4370.
A board playing fast and loose with the statute’s requirements could be surprised by a judge refusing to enforce the rule. Q: In the past when my HOA board wanted to change the rules and regulations, notification and the changes were sent out by snail mail. This time, the notification was sent by email and there are supposedly so many changes that they incorporated the changes in the text of the rules book, which you have to log into a site to read the changes.
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