AB1184 - Common interest developments: association management and meeting procedures.

Amended IN Senate August 19, 2026 Amended IN Senate August 04, 2026 Amended IN Assembly January 15, 2026 Amended IN Assembly January 05, 2026 Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1184 Introduced by Assembly Member Patterson (Coauthor: Assembly Member DeMaio) February 21, 2025 An act to amend Sections 4360, 4910, 4935, 4950, 5100, 5120, 5205, and 5300 of, and to add Section 4941 to, the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGEST AB 1184, as amended, Patterson. Common interest developments: association management and meeting procedures. Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments by an association. Existing law requires the board of an association to provide general notice of a proposed rule change at least 28 days before making the rule change, in accordance with certain procedures. Existing law, however, permits the board to make an emergency rule change if it determines that the change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, as prescribed. This bill would make nonsubstantive changes to that provision. Existing law, the Common Interest Development Open Meeting Act, prohibits the board of a common interest development from taking action on any item of business outside of a board meeting. Existing law also prohibits the board from conducting a meeting via a series of electronic transmissions, except in specified emergency circumstances. This bill would prohibit a majority of the directors of the board, outside an authorized meeting, from using a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business within the board’s subject matter jurisdiction, except in an emergency. The bill would also exempt from this prohibition certain informational and ministerial communications. Existing law authorizes the board to adjourn to, or meet solely in, executive session to consider litigation and other specified matters. Existing law requires any matter discussed in executive session to be generally noted in the minutes of the immediately following meeting that is open to the entire membership. This bill would require discussions regarding ongoing litigation to have the case name, case number, and name of the court included as part of the executive session meeting minutes. This bill would require, if open session meetings of the board are electronically recorded using audio, or audio and video, that the recordings be considered a record of the association and be made available to members on the same basis as written meeting minutes. The bill would exempt a recording used solely for the purpose of creating meeting minutes and would authorize that the recording be deleted 12 months after the meeting minutes are completed. The bill, for meetings that are being recorded, would require notice to be given at the beginning of every open session of the board that the meeting is being recorded. Existing law requires the minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes of a board meeting, other than an executive session, to be available to members within 30 days of the meeting and distributed to a member upon request and upon reimbursement of the association’s cost for making that distribution. This bill would prohibit the imposition of a charge for minutes that are distributed electronically. The bill would allow minutes posted on the association website to meet minute distribution requirements. The bill would require the minutes, or proposed minutes, to include specified information, including the date and time of the meeting. The bill would require an association to make the minutes available to a member who requests a physical copy of the minutes. Under existing law, the operating rules are a part of the governing documents of a common interest development. Existing law requires an amendment to the governing documents of the development, among other actions, to be held by secret ballot in accordance with specified procedures. This bill would exclude an amendment to the operating rules from the requirement that the amendment be held by secret ballot. The bill would make various other related and conforming changes. Existing law requires an association to distribute an annual budget report 30 to 90 days before the end of its fiscal year that contains specified information. This bill would require the annual budget report to also include a statement listing any active litigation in which the association is named as a party, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Homeowner Association Accountability and Transparency Act of 2026. SEC. 2. Section 4360 of the Civil Code is amended to read: 4360. (a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change. The notice shall include the text of the proposed rule change and a description of the purpose and effect of the proposed rule change. Notice is not required under this subdivision if the board determines that an immediate rule change is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the association. (b) A decision on a proposed rule change shall be made at a board meeting, after consideration of any comments made by association members. (c) As soon as possible after making a rule change, but not more than 15 days after making the rule change, the board shall deliver general notice pursuant to Section 4045 of the rule change. (d) If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change, and no notice is required, as specified in subdivision (a). An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. A rule change made under this subdivision may not be readopted under this subdivision. (e) If an emergency rule change is made under subdivision (d), the general notice about the rule change shall include the text of the rule change, a description of the purpose and effect of the rule change, and the date when the rule change will expire. SEC. 3. Section 4910 of the Civil Code is amended to read: 4910. (a) The board shall not take action on any item of business outside of a board meeting. (b) (1) Notwithstanding Section 7211 of the Corporations Code, the board shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in paragraph (2). (2) Electronic transmissions may be used as a method of conducting an emergency board meeting if all directors, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the board meeting. These written consents may be transmitted electronically. (c) (1) A majority of the directors shall not, outside a meeting authorized by this article, use a series of communications to deliberate or act on any item of business within the authority of the board, except in an emergency. Informational or ministerial communications that do not solicit responses, do not involve discussion among a majority of directors, and do not result in board action are not prohibited by this subdivision. (2) Paragraph (1) does not prohibit informational or ministerial communications, including communications sent solely to schedule, notice, organize, or facilitate a board meeting, if the communications satisfy both of the following conditions: (A) The communications do not involve deliberation, debate, advocacy, or discussion regarding any item of business within the authority of the board. (B) The communications do not result in a board action. SEC. 4. Section 4935 of the Civil Code is amended to read: 4935. (a) The board may adjourn to, or meet solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member’s request, regarding the member’s payment of assessments, as specified in Section 5665. (b) The board shall adjourn to, or meet solely in, executive session to discuss member discipline, if requested by the member who is the subject of the discussion. That member shall be entitled to attend the executive session. (c) The board shall adjourn to, or meet solely in, executive session to discuss a payment plan pursuant to Section 5665. (d) The board shall adjourn to, or meet solely in, executive session to decide whether to foreclose on a lien pursuant to subdivision (b) of Section 5705. (e) Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. Discussions regarding ongoing litigation shall have the case name, case number, and name of the court included as part of the executive session meeting minutes. SEC. 5. Section 4941 is added to the Civil Code, to read: 4941. (a) (1) If open session meetings of the board are electronically recorded using audio, or audio and video, the recordings shall be considered a record of the association and shall be made available to members on the same basis as written meeting minutes. (2) Paragraph (1) shall not apply to a recording used solely for the purpose of creating meeting minutes. A recording used solely for creating meeting minutes may be deleted 12 months after the draft minutes are completed. (b) For meetings that are being recorded, notice shall be given at the beginning of every open session of the board that the meeting is being recorded. SEC. 6. Section 4950 of the Civil Code is amended to read: 4950. (a) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any board meeting, other than an executive session, shall be available to members within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any member upon request and upon reimbursement of the association’s costs for making that distribution. There shall be no charge for minutes that are distributed electronically. Posting the minutes on the association’s website satisfies this requirement, and members shall be directed to the association’s website to obtain a copy. If a member requests a physical copy of the minutes, the association shall make the minutes available pursuant to Section 5205. An association is not obligated to have or continue to maintain an association internet website. (b) The minutes, or proposed minutes, shall include, but not be limited to, all of the following: (1) The date of the meeting. (2) The time of the meeting. (3) The location of the meeting. (4) The type of meeting, including, but not limited to, regular, special, emergency, executive, or committee. (5) Whether notice and an agenda of the meeting was given to the membership. (6) The names of the directors present. (7) The names of absent directors. (8) Whether members are also present, and names and titles of any guest speakers. (c) The annual policy statement, prepared pursuant to Section 5310, shall inform the members of their right to obtain copies of board meeting minutes and of how and where to do so. (d) If the board votes on an amendment, adoption, or repeal of an operating rule during the board meeting, the minutes shall include how each director voted on the amendment, adoption, or repeal. SEC. 7. Section 5100 of the Civil Code is amended to read: 5100. (a) (1) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article. (2) Paragraph (1) shall not apply to an amendment of the operating rules. (3) An association shall hold an election for a seat on the board of directors in accordance with the procedures set forth in this article at the expiration of the corresponding director’s term and at least once every four years. (b) This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article. (c) The provisions of this article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents. (d) The procedures set forth in this article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives. (e) In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this article shall prevail. (f) Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director. SEC. 8. SEC. 7. Section 5120 of the Civil Code is amended to read: 5120. (a) All votes shall be counted and tabulated by the inspector or inspectors of elections, or the designee of the inspector or inspectors of elections, in public at a properly noticed open meeting of the board or members. Any candidate or other member of the association may witness the counting and tabulation of the votes. A person, including a member of the association or an employee of the management company, shall not open or otherwise review any ballot before the time and place at which the ballots are counted and tabulated. The inspector or inspectors of elections, or the designee of the inspector or inspectors of elections, may verify the member’s information and signature on the outer envelope prior to the meeting at which ballots are tabulated. Once a secret ballot is received by the inspector or inspectors of elections, it shall be irrevocable. (b) The tabulated results of the election shall be promptly reported to the board and shall be recorded in the minutes of the next meeting of the board and shall be available for review by members of the association. For the election results for director positions, the meeting [Text truncated for display. Full text available on Congress.gov.]