What Really Happens at an HOA Board Meeting? | Ep. 97

In this episode of The Uncommon Area, host Matthew Holbrook sits down with attorney John MacDowell of Fiore Racobs & Powers to unpack how HOA board meetings actually work under California law. They cover the difference between executive session and general session, the four categories that belong in executive session (legal matters, personnel, contract formation, and member discipline), and why the intent of the statute matters more than what a board can technically get away with. The conversation moves into notice requirements, agenda specificity, and disclosure obligations after an executive session concludes. In the second half, John and Matthew get practical, covering how to run an orderly meeting, how to manage open forum without letting it take over the agenda, Zoom meeting settings, and how boards can plan ahead for meetings that go sideways.

Key Takeaways:

- Executive session is for legal matters, personnel, contract formation, and member discipline, not for anything a board finds uncomfortable

- Assessment delinquency issues must be discussed in executive session; other member discipline issues should be

- Attorney client privilege protects communications about what to tell your attorney, even without the attorney present, but not every conversation held in executive session

- Contract formation exists to protect vendor bidding information, not to shield decisions that affect the homeowner experience

- Regular board meetings require four days notice; executive session requires two days notice, and both require a posted agenda

- Open forum must have a mandatory time limit, and boards should set that expectation early and enforce it consistently

- The board president, not the manager, is generally the best person to keep meetings on track

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode? Subscribe to our YouTube channel or go to our page. Have a topic you’d like covered? Email us at marketing@actionlife.com or follow us on Facebook, Instagram, or LinkedIn.

01:45 Welcoming attorney John MacDowell

03:29 The two types of board meetings

04:07 The risk of moving hard conversations into executive session

07:28 Civility clauses and codes of conduct for boards

09:44 The four categories that belong in executive session

10:55 Member discipline: delinquency versus rule violations

12:33 When a homeowner can demand a public hearing

13:28 Legal matters and attorney client privilege

19:20 Personnel matters and management company staff

20:34 Contract formation and protecting vendor bids

22:46 Case study: buying new fitness equipment

26:31 Why budget discussions belong in general session

30:20 Notice requirements for board meetings

35:50 Notice and agenda rules for executive session

39:56 Running an orderly meeting: the board president's role

43:26 Open forum: time limits and best practices

50:45 Zoom meeting settings and homeowner visibility

52:59 The most memorable (and dangerous) board meetings