The Question Comes Up More Than You'd Think
Someone shows up to your board meeting who isn't an owner — a tenant, a spouse, a disgruntled neighbor's attorney. Or you've got a rule change to approve and someone on the board suggests just handling it in executive session to avoid the drama. Both situations put you in legal territory that's worth understanding before you make a call you can't walk back.
This comes down to two things: who has a statutory right to attend, and what business actually requires an open meeting.
What California and Illinois Law Actually Say
In California, the Davis-Stirling Common Interest Development Act (Civil Code §4925) gives members of the association the right to attend open board meetings. "Member" means the owner of record — the person or entity on the deed. That's your baseline.
In Illinois, the Condominium Property Act (765 ILCS 605/18(b)(10) for condos, and the Common Interest Community Association Act for other HOAs) similarly gives unit owners the right to attend board meetings and to speak during a designated portion of the meeting.
So if someone owns a unit, they're in. Full stop.
Can You Exclude Tenants?
Generally, yes — tenants don't have the same statutory right to attend that owners do. In California, Civil Code §4925 specifically says "members," and tenants aren't members unless your CC&Rs say otherwise. Same logic applies in Illinois.
That said, your governing documents might extend attendance rights to tenants, so check your CC&Rs before you tell someone to leave. Some associations have done exactly that, usually unintentionally, through loose language about "residents" versus "owners."
If your documents are silent on tenants, the default is that they can be excluded. You can also set a written guest policy — many boards do — that lets owners bring one guest but requires them to register in advance. Whether or not that's worth the hassle depends on how contentious your meetings tend to get.
One thing to be careful about: if you invite tenants in, even informally, and then try to exclude them later, you may create an expectation that's annoying to unwind.
What About Spouses, Family Members, or HOA Attorneys?
A spouse who isn't on the deed isn't a member. Neither is an adult child living in the unit. Your board can allow them as guests of the owning member, but they don't have an independent right to be there.
Board members' own attorneys or consultants are a different case — you're bringing them in, so that's within your discretion. If an owner wants to bring their personal attorney to a meeting, you're not required to allow it, though some boards do as a courtesy.
The Rule Change Question: Open Meeting or Executive Session?
This one is important. If your board wants to adopt or amend rules and regulations, that cannot happen in executive session in California. Civil Code §4360 requires that rule changes be made at an open meeting, with prior notice to members (typically 28 days), and members must have an opportunity to comment before the board votes.
In Illinois, the Condominium Property Act similarly requires that rule-making affecting unit owners happen with proper notice and at an open meeting where owners have a chance to be heard.
Executive session is for a specific, limited list of topics: pending litigation, member discipline, personnel matters, and contract negotiations where confidentiality matters. Adopting new rules doesn't fit any of those categories.
Boards sometimes want to use executive session for rule changes because the conversation gets uncomfortable in the open. That's understandable, but it's not a legal workaround. If you adopt rules in closed session, you've exposed the association to a legal challenge, and the rule itself may be unenforceable.
The right move is to do it properly: publish the proposed rule change with the required notice period, hold the discussion at an open meeting, let owners comment, and then vote. It takes longer, but it's the only version that holds up.
A Practical Note on Meeting Records
Whatever you decide about attendance, document it consistently. If you turn someone away, write down why. If you allow a guest in as a courtesy, note that too. Boards that handle this case-by-case without any written record tend to end up in disputes about what actually happened six months ago.
Tools like Boardly can help boards keep a running record of meeting decisions and attendance policies without relying on whoever remembered to take notes that night.
The Short Version
Owners have the right to attend open meetings. Tenants generally don't, unless your CC&Rs say otherwise. Rule changes require an open meeting with proper notice — executive session isn't a shortcut around that. If you're ever unsure about a specific situation, run it by your association's attorney before the meeting rather than after someone's already been turned away.