Members Only. California's community associations are not part of the public sector; they are private membership organizations. As a result, the general public does not have a right to attend board or membership meetings. Unless an association's governing documents provide otherwise, the legal right to attend meetings as provided for in the Open Meeting Act is reserved for members only. (Civ. Code § 4925.)
- Spouses. Even though the legal right to attend board and membership meetings is reserved to members only, industry practice is to allow non-member spouses to attend board meetings. A misbehaving spouse can be excluded for disruptive behavior.
- Renters. Because they are not members, renters do not have a legal right to attend board meetings. However, most boards allow tenants to attend board meetings and address the board during Open Forum, provided they are not disruptive.
- Realtors. Nonmember Realtors do not have a legal right to attend board meetings even though they may do business in the development. At the board's discretion, however, they can attend.
- Lawyers. Industry practice is to prohibit non-member lawyers from attending board and membership meetings. Members cannot get around the exclusion by sending their lawyer with a "proxy" since proxies apply only to membership meetings, not board meetings. Moreover, proxies for membership meetings are restricted to members. (Civ. Code § 5130(a)(1).) Lawyers who attend board or membership meetings on behalf of a client could be subject to discipline by the State Bar for violation of Rules of Professional Conduct 2-100. Lawyers who are members of the association may attend board meetings provided they are attending in their capacity as members, not lawyers.
- Interpreters. Associations are not required to provide an interpreter for attendees who speak other languages. If a member does not speak English and wants to bring an interpreter to board meetings, they may do so at their own expense. Boards should not exclude an interpreter just because the person is not a member of the association. (An interpreter is a person who converts spoken words from one language to another. A translator is a person who converts written words from one language to another.)
- Sign Language Interpreter. if a deaf member wants to bring a sign language interpreter to meetings, the association must reasonably accommodate the request. Associations do not have a duty to pay for the interpreter. (Terminology:
"Hearing impaired" describes people with any degree of hearing loss, from mild to severe. "Hard of hearing" refers to a hearing loss where there may be hearing that can be improved with the assistance of a hearing aid. "Deaf" refers to someone with a hearing loss so severe that they are unable to hear and are dependent on visusal communication such as sign language and lipreading.)
Disruptive Attendees. Disruptive attendees, despite their membership status, can be removed from meetings.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.