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))
- Living within a common interest development
- HOA elections
- Public elections
- Legislation
- The initiative, referendum or recall process
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).)
