Civil Code Meetings
Executive Session
Chapter 6 · Association Governance · Board Meeting
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §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.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
In plain English
Editorial summary — not the statute’s text.
Certain sensitive topics can be handled privately in executive session — but only the categories the statute lists, and the fact of the session must be noted.
What this means for you
Editorial summary — not the statute’s text.
- Only go into executive session for the enumerated purposes.
- Note in the open minutes that an executive session was held.
- Give a member the chance to attend when their discipline or debt is discussed.
How courts have read this
Editorial summaries — not the court’s words.