In general, an association is prohibited from using association funds for “campaign purposes” in connection with:

• Any association board election, or
• Any other association election except to the extent that the use of association funds is “necessary to comply with duties of the association imposed by law.” (Civ. Code § 5135(a).)

“Campaign Purposes” Defined
The term “campaign purposes” with regard to this issue includes, but is not limited to, the following:

Advocacy – the term “campaign purposes” includes expressly advocating the defeat of any candidate that is on the association election ballot. (Civ. Code § 5135(b)(1).)

Candidate Photo or Candidate Name – the term “campaign purposes” includes the inclusion of a photograph or prominently featuring the name of any candidate on any communication from the association or the board within thirty (30) days of an election. (Civ. Code § 5135(b)(2).)

• *Exception: Balloting Materials – A candidate’s photo or name may appear on the ballot, ballot materials, or any other communication that is legally required. (Civ. Code § 5135(b)(2).)
• *Exception: Equal Access Issues – Utilizing a candidate’s photo or featuring the candidate’s name in a communication is not a “campaign purpose” if the communication is being provided in order to comply with the equal access requirements contained in Civil Code Section 5105(a). (Civ. Code § 5135(b)(2); See also “Equal Access During Campaigns.”)

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