SB 407 (Wieckowski). Common interest developments: noncommercial solicitation.

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Would prohibit an association from enacting a rule prohibiting a member from contacting another owner or resident for campaign purposes in a public or association election.

Current Status: Pending

FindHOALaw Quick Summary:

Existing law prohibits an association from denying a resident physical access to the common area.  This bill would add Civil Code Section 4515 to prohibit an association from enacting a rule prohibiting a member from contacting another owner or resident for campaign purposes relating to a candidate for public or association office, or on any issue that is the subject of a public or association election, or pending legislation or association rulemaking.  This bill would not apply to commercial solicitation, or to any member who wants to prevent any solicitation on his or her separate interest.

**UPDATE: On May 1, 2017, the proposed text of SB 407 was amended to ensure that members and residents have the ability to exercise their rights to peacefully assemble and freely communicate with respect to common interest development living:

4515.  (a) It is the intent of the Legislature to ensure that members and residents of common interest developments have the ability to exercise their rights under law to peacefully assemble and freely communicate with one another and with others with respect to common interest development living or for social or educational purposes.
**UPDATE: On May 17, 2017, the proposed text of SB 407 was amended to prohibit the association from requiring a member to pay a fee, deposit, or insurance premium, or to obtain liability insurance, to assemble in the common area, unless nonresidents are invited to attend:
(c) A member or resident of a common interest development shall not be charged a deposit to use the association’s recreation hall or clubhouse for a meeting required to pay a fee, make a deposit, obtain liability insurance, or pay the premium or deductible on the association’s insurance policy, in order to use a common area for any purpose described in paragraphs (1) and (2) (1), (2), and (3) of subdivision (a), whether or not guests or visitors from outside the common interest development are invited to attend the meeting, if a member or resident of the common interest development is hosting the meeting and all members or residents of the common interest development are allowed to attend. (b), unless nonresidents are invited to attend as members of the audience. If nonresidents are invited to attend as members of the audience, the association may impose a deposit, liability insurance requirement, or other precondition upon the use of the common area only if the deposit, liability insurance requirement, or other precondition is no greater or more burdensome than what the association would apply to any other meeting or gathering organized by a resident or by the association itself.

To read the current text of SB 407, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track SB 407 as it progresses through the Legislature. 

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View more info on SB 407
from the California Legislature's website

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.

Related Links

Equal Access to HOA Media Outlets During Election Campaigns - Published on HOA Lawyer Blog (July 29, 2013)