QUESTION: If a member is delinquent, can we suspend their right to attend board meetings?

ANSWER: Not really. Boards can suspend “privileges” such as use of the recreational facilities, but the right to attend meetings is not the same as using the swimming pool. Meeting attendance is a right conferred by the Davis-Stirling Act: “Any member of the association may attend meetings of the board…, except when the board adjourns to, or meets solely in, executive session…” Civ. Code §1363.05(b). The statute makes an exception for executive sessions but not for delinquent owners.

Adrian J. Adams, Esq.
ADAMS & KESSLER LLP