Legal Question in Real Estate Law in California
Are California PUD's subject to the Open Meeting Law? Specifically, does our board of directors have to notify our 54 homeowners of a meeting to consider changing our management company?
Asked on 10/19/12, 2:10 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Yes, Public Utility Districts are subject to open-meeting laws and rules. However, a homeowner's association (HOA) and a PUD are usually not the same thing, nor would an HOA be governed by the same laws as would a PUD.
A homeowners' association would come under the Davis-Stirling Act, which requires open meetings for certain topics, but not for contracts with nonmembers, such as, I think, a management company contract.
The PUD or HOA here should have its own legal counsel and should rely upon such legal counsel for guidance in such matters.
Answered on 10/19/12, 2:28 pm
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