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AB 21

Revises provisions relating to unemployment compensation. (BDR 53-308)

2025 Regular Session

AB 21 would require HOAs to provide advance notice on rule changes, record open meetings, publish minutes promptly, disclose litigation details, and allow member access to packets

Chapter 11.
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Bill Summary · AB 21

AB 21 — Homeowner Association Accountability and Transparency Act of 2025

Author: DeMaio
Introduced: December 2, 2024
Status (most recent): From committee — Without further action pursuant to Joint Rule 62(a) (committee did not advance the bill; effectively inactive as of April 28, 2025)

Purpose / Intent

AB 21 would amend the Davis‑Stirling Common Interest Development Act to increase transparency, member access, and procedural safeguards for common interest developments (HOAs). It is titled the Homeowner Association Accountability and Transparency Act of 2025 and also declares legislative intent to pursue a separate constitutional amendment (the “Taxpayer Protection Act of 2025”) limiting certain state/local tax increases and ballot titles.

Key provisions (summary)

  • Notice of rule changes
    • Requires the board to provide individual notice (per members’ preferred delivery method) of proposed rule changes at least 28 days prior to adoption, and individual notice within 15 days after adoption. Predecision notice can be waived for imminent health/safety or substantial economic risk.
  • Prohibition on serial/behind‑the‑scenes deliberations
    • Prohibits a majority of the board, outside an authorized meeting, from communicating (directly or through intermediaries) to discuss, deliberate, or take action on board business.
  • Agenda packet access
    • Board meeting notices (given at least 4 days before meetings) must include instructions on how members can obtain the open‑session agenda packet; the bill sets procedures for responding to such requests.
  • Executive session disclosures and minutes
    • If the association becomes involved in litigation, the board must announce it at the next meeting and include court name and case number in the minutes. Insurance claims or policy changes must likewise be announced. Ongoing litigation discussions must include the case name in executive session minute notes.
  • Electronic recording and meeting minutes
    • Open session meetings must be electronically recorded (audio or audio/video). Recordings are association records and must be made available to members on the same basis as written minutes. Notice of recording must be given at the start of open sessions.
    • Minutes (or proposed minutes) must be available within 30 days; electronic distribution to members must be free. Minutes must include specifics (e.g., date/time, whether quorum was established).
  • Enforcement and remedies
    • A court must void any board action taken at a meeting shown to have violated the specified provisions. Members may sue in superior court or small claims court; members prevailing in small claims must be awarded court costs and reasonable attorney fees.
  • Secret ballot and voting
    • Excludes amendments to operating rules from the requirement that amendments be conducted by secret ballot. Prohibits denying a member a ballot for any reason other than not being a member at the time ballots are distributed.
  • Miscellaneous
    • Updates to statutory definitions and conforming changes across Davis‑Stirling provisions.

Who would be affected

  • Homeowners associations (boards, managers) — new notice, recording, minutekeeping, and disclosure obligations; potential increased legal exposure and administrative costs (e.g., recording equipment, staff time).
  • Association members/homeowners — expanded access to meeting recordings, minutes, agenda packets, and stronger remedies for violations.
  • Insurers and litigants — additional public disclosure requirements tied to association litigation and claims.
  • Courts — potential increase in small claims and superior‑court actions enforcing meeting rules and seeking voiding of board actions.

Procedural / timeline notes

  • Introduced December 2, 2024; advanced through several referrals and amendments in March 2025.
  • April 24, 2025: failed passage in committee and reconsideration was refused.
  • April 28, 2025: reported “From committee: Without further action pursuant to Joint Rule 62(a)” — indicating the committee did not advance the bill and it is presently inactive.

Fiscal/legal considerations

  • Digest notes no appropriation; fiscal committee action marked “NO/YES” (record unclear). The bill could impose modest administrative costs on associations (recording, distribution) and increase potential litigation exposure and related court costs.

Compiled from official sources — confirm details with the bill’s official record.

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