HOAs & Condos in San Jose, CA

Annual / owner meeting

30 days advance notice
Cal. Civ. Code §5115(b)

Board meeting

4 days advance notice
Cal. Civ. Code §4920(a)

Most state regimes also require:

• Open meetings — board meetings open to all members in good standing; closed executive sessions only for narrow purposes (litigation, personnel, contracts).
• Agenda discipline — the board cannot vote on substantive matters not included in the noticed agenda except in narrow emergency circumstances.
• Annual meeting — at least one owner meeting per year, with notice mailed to the address on record for each owner.
• Quorum thresholds — defined in the declaration or bylaws; statutory default applies when governing documents are silent.

CommunityPay maintains a Board Meeting Packet generator that produces a state-aware agenda, draft minutes template, and compliance checklist for the board pack.

How meeting notice must be delivered, what it must contain, and what defects invalidate the notice. Statutes vary in mechanics; the principles are consistent.

1. Delivery method First-class mail or hand-delivery to the address on file with the association is the universal default. Most states permit electronic delivery only with the owner's written consent. A posted notice on a community bulletin board is not, by itself, sufficient.
2. Address on file The association is entitled to rely on the address each owner has provided. The owner bears the burden of keeping it current. The board must maintain a registered address list.
3. Required content Date, time, location (or remote-access link), and an agenda. Material to be voted on — budget, special assessments, rule changes — must be identified specifically. "Other business" is not a substitute for an item.
4. Notice period start The notice period typically runs from the date of mailing or hand-delivery, not the date of receipt. Some states count both the notice date and the meeting date; others exclude one or both. Confirm the rule.
5. Remote participation When the association offers remote attendance, the notice must include the access information and any limitations (e.g., audio-only, no chat). Recording rules vary by state.
6. Defective notice consequences Material defects invalidate actions taken at the meeting. Minor defects (typo in location, slightly late mailing) may be cured by attendance and waiver. Document the cure in the minutes.
7. Emergency notice Statutes typically permit shortened notice for genuine emergencies (imminent physical harm, immediate financial loss). The board must document the emergency basis in the minutes.

Full notice requirements appear in Cal. Civ. Code §4525-4530 and the specific subsections cited in the Requirements tab.

Quorum sets the floor for a valid meeting. Voting mechanics — proxies, ballots, written consent — determine how votes are counted once the quorum is established.

Voting and quorum procedures are codified in Cal. Civ. Code §4525-4530 and applicable subsections. Specific procedures may be modified in the declaration and bylaws within statutory limits.

Minutes are the corporate record of the meeting. Statutes in every state require associations to maintain meeting minutes and make them available to owners on request. Retention periods and access rules vary.

1. What minutes must contain Date, time, location. Directors and officers present. Quorum determination. Motions made, seconded, and the vote count. Substantive board actions and adopted resolutions. Executive-session minutes kept separately; the open-session minutes record only that a closed session occurred.
2. Retention period California requires retention for at least 2 years. Reserve studies, declarations, amendments, and assessments — permanent.
3. Owner inspection rights California requires the association to respond within 10 business days of a written request.
4. Approval process Draft minutes are circulated to the board, corrected, and approved at the next regular meeting. Approved minutes become the official record. Corrections after approval require a noted amendment, not silent edits.
5. Permanent records Declaration, bylaws, articles of incorporation, rule books, amendments, and the minute book are permanent records. The association cannot dispose of them on any retention schedule.
6. Resale disclosure Recent board and owner meeting minutes are typically required attachments to a resale certificate. The standard window is the last 12 months; some statutes extend to 24 months for amendments.
7. Executive session Closed-session minutes record matters discussed but typically remain confidential from the general membership. Specific votes taken in closed session may need to be reported in the open-session minutes.

Records retention and inspection rights are codified in Cal. Civ. Code §4525-4530 and related subsections. A records-request response that misses the statutory deadline may expose the association to a per-day penalty.