:
Comparison of Civil Code Section 4935 as originally enacted
to Old CID Section 1363.05(b) and (c)

Section 4935 - Executive Session

(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.


Section 1363.05 - Common Interest Development Open Meeting Act

(b)    Any member of the association may attend meetings of the board of directors of the association, except when the board adjourns to, or meets 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 1367 or 1367.1.  The board of directors of the association shall meet in executive session, if requested by a member who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session.  As specified in paragraph (2) of subdivision (k), a member of the association shall be entitled to attend a teleconference meeting or the portion of a teleconference meeting that is open to members, and that meeting or portion of the meeting shall be audible to the members in a location specified in the notice of the meeting.

(c)    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.


Changes

4935.(a)1363.05(b)     Any member of the association may attend meetings of the board of directors of the association, except when the board adjourns to, or meets  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’smember's request, regarding the member’smember's payment of assessments, as specified in Section 1367 or 1367.15665.
(b)  The board of directors of the association shall adjourn to, or meet solely in, executive session to discuss member discipline, if requested by athe member who may beis the subject to a fine, penalty, or other form of discipline, and theof the discussion.  That member shall be entitled to attend the executive session.  As specified in paragraph (2) of subdivision (k), a member of the association shall be entitled to attend a teleconference meeting or the portion of a teleconference meeting that is open to members, and that meeting or portion of the meeting shall be audible to the members in a location specified in the notice of the meeting.

(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) (c)    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.