“Our HOA normally puts signs at our guard gate to remind owners the week before there’s going to be a Board meeting and they include the meeting agenda. With this lockdown stuff, they didn’t do it, had a meeting last week and nobody knew about it. I heard from a neighbor that only three of the Board members were available, they talked on the phone in secret, and they voted to levy a special assessment because our gardeners and maintenance team are demanding more money because they are essential workers. Something isn’t right here.”

It sounds like there may have been some issues with the way the Board meeting was conducted, particularly in terms of providing notice to homeowners. California law requires that notice be given to all homeowners two days in advance of an executive meeting and four days in advance of an open meeting of the Board, and the notice must include the date, time, and location of the meeting, as well as the agenda for the meeting.

If the HOA did not follow these notice requirements, then the meeting and any decisions made at the meeting may be invalid. Homeowners may have the right to challenge the validity of the meeting and its decisions if they were not given proper notice.

Additionally, if the Board voted to levy a special assessment, it should have been done in accordance with the HOA’s governing documents and California law. The Board should have provided notice to all homeowners of the proposed assessment if it is greater than 5% of the fiscal year’s operating budget, and given them the opportunity to vote on it. If this was not done, then the special assessment may also be invalid.

As you can understand, the COVID-19 situation is fluid. Everyone seems to be flying by the seat of their pants.

We recommend that every owner invoke their right to individual delivery of general notices based on California Civil Code section 4040. All members have the right to receive notices from their HOA by mail at no cost. Feel free to use the form available here (updated 01/2023) to sign up for individual delivery of general notices with your HOA.