Re: Confidentiality and the Law
From: Victor Raymond (vraymondiastate.edu)
Date: Mon, 17 Sep 2007 13:58:33 -0700 (PDT)
One more bit of follow-up: there seems to be some debate in California about the applicability, intent, and enforcement of Davis-Stirling Act, which covers home-owner associations. There certainly seems to be room for closed-door meetings (but again, I'm not commenting on the relative value of actually doing that - I'm just saying that it appears to be possible, for whatever reason).

At 01:46 PM 9/16/2007, you wrote:

According to California law, the only permitted confidentiality is with executive sessions of the Board on certain specified matters.

All other venues are considered open forums. This is the purpose of the "Open Meetings Act". All statements made in these open forums are considered political and here free speech prevails. In a recent lawsuit concerning statements about the incompetence of a Board member, the court ruled that all comments on both sides of the case are for public consumption. The claim for damages because of libel or defamation were denied.

Norm G.
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Victor J Raymond
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