Bay Ridge Homeowners Association
A residential community nestled in the hills above Monterey Bay, preserving natural beauty and fostering neighborly connections.
Resident Portal →Welcome to Bay Ridge
Bay Ridge is a beautiful residential community located in the hills above Monterey Bay. Our homeowners association maintains common areas, roads, and open space parcels while fostering a strong sense of community among residents.
Established to preserve the natural beauty of our hillside setting, Bay Ridge HOA works collaboratively to maintain property values and ensure a high quality of life for all homeowners.
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Open Meeting Requirements
The Bay Ridge HOA Board of Directors is governed by the California Common Interest Development Open Meeting Act (Civil Code §4900–4955). Board members must comply with all notice and transparency requirements.
Board meetings require a minimum of 4 days advance notice to all members, including the agenda. Notice must be posted in a conspicuous community location.
The board may not vote, deliberate, or take action on association business via email, text, phone, or informal gatherings. This includes "serial meetings" where members discuss issues one-on-one until a quorum has weighed in.
Homeowners may attend all board meetings and must be given the opportunity to speak on agenda items before a vote is taken.
Closed sessions are only permitted for litigation, contracts, member discipline, personnel matters, or payment plans. All other business must be conducted in open session.
Board decisions require a vote at a properly noticed meeting. Email may be used for scheduling or distributing information, but not for discussion or decision-making among a quorum.
Action outside a meeting is only allowed for imminent threats to health, safety, or significant financial loss — and must be ratified at the next regular meeting.
Understanding the Open Meeting Act in Detail
California's Common Interest Development Open Meeting Act ensures transparency and homeowner participation in HOA governance. Below is a detailed breakdown of what the law requires and what is prohibited.
📧 Can the Board Make Decisions via Email?
Under Civil Code §4910, the board cannot discuss, deliberate, or take action by email, text, phone tree, or any other method outside of a properly noticed meeting.
The "Serial Meeting" Trap
This is the most common violation. If Board Member A emails B, then B emails C, and a majority has now discussed an issue — that is an illegal serial meeting even though they were never all on the same email thread.
| Activity | Legal? |
|---|---|
| Board discusses agenda via email before a meeting | ✗ No — this is a "serial meeting" |
| 3 of 5 board members text about a decision | ✗ No — quorum deliberating outside meeting |
| Board votes via email on a non-emergency item | ✗ No |
| One board member emails all others asking opinions | ✗ No — even if replies go only to the sender |
| Manager sends info to board (no discussion) | ✓ Yes — one-way communication is fine |
| Board member emails manager a question individually | ✓ Yes — no quorum involved |
| Emergency vote via email with ratification at next meeting | ⚠ Limited — only for imminent threats |
🕵 What About "Informal" Meetings Between Board Members?
If the president or any board member meets privately with enough other members to form a quorum and they discuss association business, that is an illegal meeting — regardless of where it happens or how casual it seems.
Example: 5-Member Board
Three of five members meeting privately constitutes a quorum. If they discuss any association business, they have held an illegal meeting — even at a kitchen table, a restaurant, or via a group text.
It Doesn't Need to Be "Official" to Be Illegal
- No minutes are taken — still illegal
- No vote is taken — still illegal (deliberation alone violates the law)
- They call it "just a conversation" — still illegal
- They meet at someone's home — still illegal
- They claim they didn't make a "decision" — still illegal if they discussed or deliberated
- It happens over dinner or coffee — still illegal
- Only the president initiated it — still illegal for all who participated
What Should Happen Instead
- Notice a proper board meeting with 4 days advance notice
- Post the agenda where all homeowners can see it
- Allow homeowners to attend and speak
- Discuss and vote in open session
- Record the decision in the minutes
📝 What About Unanimous Written Consent?
Corporations Code §7211(b), which applies to nonprofits, does allow action by unanimous written consent — meaning ALL board members (not just a majority) must agree in writing.
However, the Davis-Stirling Act (Civil Code §4900–4955) specifically restricts this for HOAs. The Davis-Stirling Act overrides the general Corporations Code. Even though a regular nonprofit could use unanimous written consent, an HOA board generally cannot use email voting as a substitute for meetings.
📅 Meeting Notice Requirements
Regular Board Meetings
Minimum advance notice required. Must include date, time, location, and agenda.
Annual Meetings
Individual notice delivered to all members by mail or email (if consented).
Emergency Meetings
Notice as soon as practicable. Must state the emergency. Ratification required at next regular meeting.
🔒 Executive (Closed) Session — Limited Topics Only
The board may meet in executive session only to discuss:
- Pending or threatened litigation
- Contract negotiations
- Member disciplinary actions
- Personnel matters (hiring/firing manager)
- Member payment plans for delinquent assessments
Everything else must be discussed in open session. The board cannot use executive session to avoid homeowner scrutiny on budget decisions, maintenance projects, rule changes, or vendor selection.
👥 Homeowner Rights at Board Meetings
- Attend all open session board meetings
- Speak on any agenda item before the board votes
- Record meetings (audio) unless the board adopts a reasonable rule otherwise
- Receive meeting minutes within 15 days of the next board meeting
- Access association records upon written request (Civil Code §5200–5240)
- Submit items for the meeting agenda (if bylaws provide a process)
⚠️ What Can Homeowners Do About Violations?
If you believe the board is conducting business in secret or violating open meeting requirements, you have several options:
- Send a written demand to the board citing Civil Code §4910 and requesting they cease the practice
- Request meeting minutes and records (Civil Code §5200) to see if decisions appeared without proper meeting records
- File a complaint with the association's internal dispute resolution process (Civil Code §5900)
- Attend meetings and ask on the record: "When was this item discussed? I don't see a prior meeting where it was on the agenda."
- Consult an HOA attorney — a prevailing homeowner can recover attorney fees (Civil Code §5975)
- Document everything — dates, who was seen meeting, decisions that appeared without proper meetings
- Request alternative dispute resolution (ADR) before filing a civil action (Civil Code §5930)
⚠️ Consequences of Violations
Any action taken in violation of the Open Meeting Act may be challenged and invalidated by a court.
The association may face lawsuits from homeowners, and directors could face personal liability in egregious cases.
A prevailing homeowner in an enforcement action may recover attorney fees from the association (Civil Code §5975).
Violations erode homeowner confidence in the board and make community governance more contentious.
Directors who knowingly participate in illegal meetings may not be protected by the association's D&O insurance.
Homeowners may organize a recall vote to remove directors who repeatedly violate transparency requirements.
The Simple Rule
"If you want to discuss it or decide it, put it on the agenda. Email is for scheduling meetings and sharing documents — not for making decisions or debating issues. Three board members cannot meet privately to discuss HOA business. Period."