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:
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.
from the California Legislature's website
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.