A Guide to HOA Executive Sessions in California

Running a Homeowners Association (HOA) in California is all about finding the balance between transparency and confidentiality. One tool HOAs use to achieve this is the “executive session.” But what happens in these closed-door meetings and what are your rights as a homeowner?

Buckle up as we dive into the nitty gritty of HOA executive sessions in California, your rights and how to stay informed without overstepping boundaries.

What is an HOA Executive Session?

An executive session is a portion of an HOA board meeting that is closed to the general membership. Under California law, specifically the Davis-Stirling Common Interest Development Act (Civil Code Section 4935), the board is allowed to meet in executive session to discuss certain confidential or sensitive topics.

These meetings are designed to allow the board to discuss private matters without public scrutiny. But that doesn’t mean they can talk about anything behind closed doors — the topics must be specific and limited by law.

When are Executive Sessions Permitted?

California law is pretty clear about when HOAs can lawfully have an executive session. The Davis-Stirling Act lists the permitted topics:

• Legal Matters: Discussions with the HOA’s attorney about pending or potential litigation or other privileged legal matters.

• Personnel Issues: Matters related to hiring, discipline, compensation or termination of HOA employees.

• Member Discipline: Hearings regarding alleged member violations of the association’s rules.

• Payment Plan Discussions: Negotiating payment plans with delinquent homeowners.

• Foreclosure Decisions: Deciding whether to initiate foreclosure proceedings against a homeowner.

• Formation of Contracts: Discussions about formation of third-party contracts, though this is sometimes handled in open session if no confidential negotiation is involved.

Important: Boards cannot use executive sessions to discuss general association business, budgets or anything else not expressly allowed under Civil Code §4935.

What are Common Topics Discussed in HOA Executive Sessions

Let’s get into the nitty gritty:

1. Legal Consultations

When HOAs are sued, enforcing covenants or need advice on compliance they’ll meet privately with their attorney to avoid waiving the attorney-client privilege.

2. Member Discipline and Violations

If a homeowner is in violation of the HOA’s governing documents (e.g. unpaid dues, architectural violations, noise complaints) the board will usually discuss this in executive session to protect privacy.

3. Personnel Matters

Many HOAs don’t have full-time employees but if they do (e.g. maintenance staff or managers) employment related decisions must be made confidentially.

4. Delinquent Assessments and Foreclosures

Discussing payment arrangements with delinquent homeowners or approving foreclosure actions requires discretion for both legal and ethical reasons.

Can Homeowners Attend HOA Executive Sessions?

In short: No, homeowners generally cannot attend executive sessions.

Under Civil Code §4935(b) executive sessions are reserved for board members (and sometimes invited individuals, like legal counsel or affected homeowners during a disciplinary hearing).

However, homeowners must be notified when an executive session is scheduled. Notice is usually given 2 days before the meeting, either via posted notices or other HOA communication channels.

Moreover, boards are required to generally disclose in the minutes of the next open meeting what topics were discussed in executive session, without violating privacy or attorney-client privilege.

Example: Minutes might read: "The Board met in executive session to discuss member discipline, payment plan requests and pending litigation."

How to Request Information About HOA Executive Sessions

Even though you can’t sit in on an executive session you still have some rights to information. Here’s how you can stay informed:

1. Review Meeting Minutes

Ask the board for the open session minutes that summarize what was discussed in executive session. HOAs are required to make minutes available to members within 30 days of the meeting (Civil Code §4950).

2. Submit a Written Request

If you want more details you can submit a written request to inspect records under the HOA’s document inspection rights (Civil Code Sections §5200-§5240). Remember, confidential items may be redacted but you should still get a general sense of what the board is up to.

3. Attend Open Board Meetings

Participate in open sessions to hear regular updates and voice any concerns about transparency during the “member comments” period.

Tips for Homeowners Concerned About Transparency

Feeling a little in the dark? You’re not alone. Here are some smart ways to advocate for more openness without causing unnecessary friction: 

• Open Communication: Ask your board to provide detailed summaries of executive sessions.

• Join the Board or a Committee: Get involved and see how decisions are made.

• Board Training: Suggest board members attend CAI training to understand their legal obligations.

• Collaborate: Approach transparency concerns respectfully. Accusing the board of “hiding things” can be defensive; framing it as a shared interest in good governance usually works better.

Homeowner Resources

Still concerned about your HOA board’s executive sessions? Here are some resources:

• California Department of Real Estate (DRE): Consumer guides and complaint forms for HOA issues.

• Center for California Homeowner Association Law (CCHAL): Advocates for HOA homeowners and information on your rights.

• Davis-Stirling.com: A plain-language resource for California HOA law.

• HOALAWS.com: Our website with regular updates on new HOA laws and advice for boards and members.!

Stay Informed

Now that you know how HOA executive sessions work, you can be a more informed, engaged homeowner. You may not always be “in the room where it happens” but you do have rights to information and to advocate for transparent governance.

For California HOA news and tips, follow HOALAWS.com. We’ll keep you posted!