HOA Holding Secret Meetings? Open Meeting Law Violations in California

You showed up to your HOA's annual meeting — or tried to — only to find out the board already voted on a major assessment, a new rule, or a vendor contract behind closed doors. Maybe a neighbor tipped you off that decisions are being made in private email threads or informal gatherings that never appear on any calendar. Or perhaps you simply noticed that meeting minutes reference votes you never knew were happening. That feeling of being locked out of decisions that directly affect your home and your wallet is frustrating, and it's a concern that California law takes seriously. You have every right to ask questions, and there are concrete steps you can take to document what happened and formally push back.

What State Law Generally Says

California HOA governance is primarily shaped by the Davis-Stirling Common Interest Development Act, codified at California Civil Code §4000 et seq. This is the foundational framework that governs most planned developments, condominium communities, and common interest developments throughout the state. Among other things, the Act addresses member rights, board obligations, notice requirements, and the procedures an HOA board is generally expected to follow when making decisions that affect homeowners. Understanding that this law exists — and that it sets specific procedural floors — is a useful starting point when you believe your board may be operating outside those boundaries.

On the subject of notice and hearings, California Civil Code §5855(a) generally requires that homeowners receive at least 10 days' prior written notice before any hearing where a monetary fine or penalty may be imposed. This statute appears to require that the notice contain enough detail for the homeowner to understand what the hearing is about and have a meaningful opportunity to respond. Related to enforcement, §5855(b) generally requires that any violation notice cite the specific CC&R provision the homeowner is alleged to have violated, and the statute appears to require that the HOA enforce its rules consistently and uniformly — meaning it cannot selectively apply rules to some homeowners while ignoring the same behavior from others. If you received a fine without proper notice or without a citation to a specific governing document provision, those details are worth documenting carefully.

One more statute worth knowing: as of June 30, 2025, California Civil Code §5850(c) — as amended by AB 130 — generally caps monetary penalties at $100 per violation, unless the violation poses an adverse health or safety impact. This is a significant protection for homeowners facing fine schedules that may have been set years ago at much higher amounts. If your HOA is imposing fines above that threshold for a non-safety matter, that fine amount may not comply with current California law. You can explore HOA fines by state for a broader look at how California compares to other states on this issue.

Steps a Homeowner Can Consider

1. Document Everything You Already Know

Start by writing down — in as much detail as possible — what you observed, when you observed it, and how you found out about any meeting or vote that you believe was improperly noticed or conducted. Note dates, times, names of any board members who may have communicated about HOA business informally, and any communications you received (or did not receive). If you have emails, texts forwarded by a neighbor, or screenshots of social media posts where board members discussed HOA matters, save copies. A clear written record of your own account, organized by date, gives you a solid foundation if you need to reference it later.

2. Review Your Governing Documents

Pull out your CC&Rs, bylaws, and any rules and regulations your HOA has distributed. Most of these documents include provisions about how board meetings must be noticed, how far in advance notice must be provided, and what types of decisions require a member vote rather than a board vote alone. Comparing what your governing documents say against what actually happened in your situation is a practical way to identify whether there appears to be a gap. Understanding what HOAs can legally enforce in California can also help you frame this review.

3. Submit a Written Request for Meeting Records

Under California Civil Code §5210, the HOA generally must respond to member inquiries within 10 business days. Homeowners may want to send a written request — ideally via certified mail so you have a delivery confirmation — asking for copies of recent meeting agendas, meeting minutes, and any notices that were distributed to members for meetings held in the past 12 months. Keep your request factual and specific. Something like: "I am requesting copies of all board meeting agendas and minutes from [date range], along with any notices distributed to members for those meetings." A written response — or a failure to respond within 10 business days — is itself a piece of useful documentation.

4. Send a Formal Written Inquiry to the Board

Consider drafting a letter to the board that clearly identifies your concern, references the relevant statute (such as §5855(a) for hearing notice requirements), and asks the board to explain the process followed for specific meetings or votes you believe may not have been properly noticed. Use neutral, factual language. You are not accusing anyone of a crime — you are asking the board to explain how it followed its own procedures and the procedures generally outlined in the Davis-Stirling Act. Keeping a copy of everything you send, along with your certified mail receipts, helps establish a paper trail. A well-organized, statute-referenced letter carries more weight than an informal complaint.

5. Consider Filing a Complaint with the California DRE

If your written inquiry goes unanswered or the board's response does not address your concern, homeowners in California may want to contact the California Department of Real Estate (DRE) through its HOA Information Line. The DRE is the state escalation body for HOA disputes and can provide information about the complaint process. Filing a formal complaint creates an official record of your concern with a state agency, which can sometimes prompt a more substantive response from the board. For disputes involving smaller dollar amounts, California Small Claims Court — which handles individual claims up to $12,500 and does not allow attorneys — is another avenue worth researching if informal resolution fails.

When to Talk to a Licensed Attorney

Self-help steps like the ones described above are often effective for getting a board's attention and creating a documented record. But there are situations where the stakes are high enough that working through a self-help tool on your own may not be sufficient. If your HOA has filed or threatened to file a lien on your property, if you have received any notice of foreclosure proceedings, if you are facing a lawsuit or have been named in legal action by the HOA, or if the total dollar amount in dispute is significant, those are situations where speaking with a licensed California attorney is genuinely worth the investment. The same applies if you believe you are experiencing retaliation for exercising your rights as a member, or if you have reason to think fair-housing or disability accommodation issues are involved.

An attorney who handles HOA and real estate matters can review the specific facts of your situation, assess whether the board's conduct may give rise to a legal claim, and advise you on timing — because some legal deadlines are strict and missing them can affect your options. This blog post and the PushBackHOA tool are not substitutes for that kind of individualized guidance in high-stakes situations. If you are unsure whether your situation crosses that threshold, a single consultation with a licensed attorney can help you figure out where you stand. You can also review what your HOA can and cannot do for a general overview of the boundaries California law places on board authority.

Your Next Step

You now have a clearer picture of what California law generally requires around meeting notice, fine procedures, and member inquiry rights — and you have a practical starting point for documenting your situation and communicating with your board in writing. That groundwork matters. A well-organized, statute-referenced letter tells the board you have done your homework and that you are taking this seriously. It also creates a record that may be useful if the dispute escalates.

PushBackHOA is a self-help document tool that helps homeowners organize their own