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.
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.