Association Funds in Campaigns

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).)


Related Topics

Related Statutes

Related Case Law

  • Wittenburg v. Beachwalk Homeowners Association
    (2013) 217 Cal.App.4th 654

    [Elections; Equal Access] Where a board utilizes HOA media to advocate its point of view regarding an upcoming election, equal access to such media must also be provided to any member advocating a point of view on the issue.