An association shall not pursue any enforcement actions for a violation of the governing documents, except those actions relating to the homeowner’s nonpayment of assessments, during a declared state or local emergency if the nature of the emergency giving rise to the declaration makes it unsafe or impossible for the homeowner to either prevent or fix the violation.
(a) Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document, or amendments thereto, that prohibits the rental or leasing of a portion of the owner-occupied separate interest in that common interest development to a renter, lessee, or tenant for a period of more than 30 days.
(b) Nothing in this section shall permit an owner of a separate interest or a resident renting or leasing a portion of the owner-occupied separate interest to violate any provision of the association governing documents that govern conduct in the separate interest or common areas, or that govern membership rights or privileges, including, but not limited to, parking restrictions and guest access to common facilities.
California Legislature Further Limits a HOA’s Right to Restrict Rentals – Published on HOA Lawyer Blog (September 2020)
California law treats HOAs in many respects as ‘quasi-governments’ that must not restrict their members from exercising certain rights seen as fundamental and constitutionally protected. One example is Civil Code Section 4515 which serves 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 with respect to common interest development living or for social, political, or educational purposes.” (Civ. Code § 4515(a).) The following information outlines the components of Section 4515 and the protections it gives to an HOA’s residents when they seek to exercise their rights of assembly and speech.
Assembly Rights
An HOA’s governing documents cannot prohibit a member or resident within the HOA from peacefully assembling or meeting with other HOA members, residents, and their invitees or guests during reasonable hours and in a reasonable manner for purposes relating to the following matters: (Civ. Code § 4515(b(1))
Meeting with Public Officials to Speak on Matters of Public Interest
An HOA’s governing documents similarly cannot prohibit members or residents from “inviting public officials, candidates for public office, or representatives of homeowner organizations” to meet with them within the HOA and to “speak on matters of public interest.” (Civ. Code § 4515(b)(2).)
Free Use of Common Area for an Assembly or Meeting
An HOA’s governing documents may not prohibit the members or residents from using the common area, including the HOA’s recreation hall or clubhouse, for such an assembly or meeting described above when that common area facility is not otherwise in use. (Civ. Code § 4515(b)(3).) No fee may be charged by the HOA to the person seeking to use a common area facility for such an assembly or meeting, nor may the HOA require the person to make a deposit, obtain liability insurance, or pay the premium or deductible on the HOA’s insurance policy. (Civ. Code § 4515(c).)
Canvassing & Petitioning
An HOA’s governing documents may not prohibit members and residents from, at reasonable hours and in a reasonable manner, canvassing and petitioning other HOA members, residents, and the HOA’s Board of Directors for the assembly and meeting activities described above. (Civ. Code § 4515(b)(4).)
Speech Rights & Distributing Information
The purposes discussed above for which an HOA’s members may assemble and meet similarly apply to matters involving speech by members and residents. Just as in the case with rights of assembly, an HOA’s governing documents may not prohibit members and residents from “distributing or circulating” information about common interest development living, association elections, legislation, public elections, or the initiative, referendum, or recall processes”, but the speech rights given to members and residents also extend to any “issues of concern to members and residents.” The HOA cannot require prior permission for a member or resident to distribute such information, but may require that the distribution be at reasonable hours and in a reasonable manner. (Civ. Code § 4515(b)(5).)
Social Media
An HOA’s governing documents may not prohibit a member or resident from using social media or other online resources to discuss any of the above-referenced matters, even if the content is critical of the HOA or its governance. However, an HOA is not required to provide social media or other online resources to its members, nor is an HOA required to allow members to post content on the HOA’s websites. (Civ. Code § 4515(b)(6).)
Violations & Penalties
A member or resident who is prevented by the HOA or its agents from engaging in any of these protected activities under Civil Code section 4515 may bring a civil or small claims court action to enjoin the enforcement of a governing document that violates the provisions of Section 4515. The court may assess a civil penalty of not more than five hundred dollars ($500) for each violation committed by the HOA or its agents. (Civ. Code § 4515(d).)
Would expand the definition of an accessory dwelling unit to include a tiny home on wheels.
Would expand the definition of an accessory dwelling unit to include a tiny home on wheels.
Would remove limits on front setbacks and make it easier to install accessory dwelling units in community associations.
Existing law authorizes a local agency to establish minimum and maximum unit size requirements for attached and detached accessory dwelling units, subject to certain exceptions, including that a local agency is prohibited from establishing limits on lot coverage, floor area ratio, open space, and minimum lot size, that do not permit the construction of at least an 800 square foot accessory dwelling unit.
Would require that the basic property insurance offered through the FAIR Plan to include condominium dwelling coverage.
**SB-1444 was gutted and amended on May 17, 2022, and no longer applies to common interest developments.
View more info on SB 1444
Would limit membership meetings that are held completely virtually, due to a state of emergency, to be held before June 30, 2022.
Would include a shared mobility device such as a motorized scooter, electric bicycle, bicycle, or similar transportation device that is made available to the public for shared use in the definition of a vehicle for towing purposes.
Existing law authorizes the owner or person in lawful possession of private property to cause the removal of a vehicle parked on the property to a storage facility when signs are posted prohibiting public parking and warning that vehicles will be removed at the owner’s expense. Existing law requires the tow truck operator removing the vehicle, if the operator knows or is able to ascertain the name and address of the registered and legal owner of the vehicle, to immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of the removal and the amount of mileage on the vehicle at the time of the removal. Existing law makes it a misdemeanor for the towing company to remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, or an employee or agent thereof, and requires the written authorization to include specified information, including the make, model, vehicle identification number, and license plate number of the removed vehicle.
Would make it easier for owners to build accessory dwelling units and junior accessory dwelling units within multifamily dwellings.
