Asked & Answered

Davis-Stirling Act Q: I am a resident of a city which is unique because the Community Association (14,000 + members) encompasses the entire City. When the City was created it granted a number of functionalities and services normally provided by a City to the Property Owners Association. The Property Owners Association claims to be exempt from the Brown Act so does not have to publish notifications ( agendas ) before executive sessions. They claim they

Private Homeowners Associations Q: Does the Brown Act apply to private Homeowners Associations or only to local and state gov’t? I want to discuss dismissing a management company and I’m being kept from discussing their removal except in their presence at a Board meeting by other Board members. A: Under Government Code section 54952(c), the governing body of ahomeowners association would be subject to the Brown Act under either of two circumstances: 1.  The association

Changing Regular Meetings to Special Meetings Q: The local school district has changed its regular school board meetings to special meetings, and has switched the upcoming regular meetings to special meetings for the next 2 months.  The board is not providing time for public comments on matters related to policies, programs or services provided by the district at the special meetings.  Can the school district switch its regular meetings to special meetings for consecutive months

Board of Directors Closed Session Q: Our Board of Directors met in Executive, closed session to discuss amending our By-laws to reduce the number of directors. When I questioned the closed session, I was told that the Board of Directors were considered personnel and as so covered under the personnel matters exception in the Davis-Sterling Open Meeting Act. I read a pamphlet from the California Attorney General’s office that was very clear that board members