WHO MAY ATTEND BOARD MEETINGS

Members. The Open Meeting Act provides that members may attend board meetings. Civil Code §1363.05(b)

Non-Members. Non-members do not have a right to attend board meetings or to address the board. However, many boards allow tenants and non-member spouses to attend board meetings and to address the board during open forum, provided they are not disruptive.

Attorney Limitations. Lawyers representing members or non-members do not have a right to attend board meetings--the right to attend is reserved to members. Civil Code §1363.05(b) Members cannot get around the exclusion by sending their lawyer with a "proxy" since proxies only apply to membership meetings, not board meetings. Moreover, proxies for membership meetings may only be given to members, not to non-members. Civil Code §1363.03(d)(1)(A) Lawyers who are members of the association may attend board meetings if they are attending in their capacity as members, not lawyers.

Disruptive Attendees. Disruptive attendees can be removed from meetings.

Updated by ADAMS KESSLER 8/22/2008