Civ. Code Section 4090

Old Code: 1363.05(k)(2)

New Code: 4090

Subject: Board meeting, defined

"Board meeting" means either of the following:

(a) A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.

(b) A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.

Substantive Changes: Formerly, this provision referenced a "majority of the directors" instead of "sufficient number of directors to establish a quorum". This could be a substantive change for those associations where a quorum of the board is not defined as a majority of the board in the governing documents.