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: Chaptered

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 members from exercising their rights to peacefully assemble and freely communicate with one another 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: SB 407 was signed by the Governor on September 11, 2017. Its changes to the law will become operative on January 1, 2018. 

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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) SB 407 Signed!  Legislation Broadens Assembly and Speech Rights within HOAs-Published on HOA Lawyer Blog (September 13, 2017)