Amended IN Senate May 01, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 407Introduced by Senator WieckowskiFebruary 15, 2017 An act to add Section 4515 to the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 407, as amended, Wieckowski. Common interest developments: noncommercial solicitation. Existing law, the Davis-Stirling Common Interest Development Act Act, defines and regulates common interest developments that are managed by homeowners associations. Existing law, with certain exceptions, prohibits an association from denying a member or occupant physical access through the common area, as specified. The act requires an association to adopt rules that ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates and to all members advocating a point of view. The act also requires the adoption of rules that ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are related to that election, equal access is provided to all candidates and members advocating a point of view.This bill would prohibit an association, through its governing documents, from enacting a rule or restriction prohibiting an owner of a separate interest from contacting any other owner or resident for the purpose of providing information about a candidate for public office or for an office within the association or on any issue that is the subject of a public or association election or pending public or association legislation or rulemaking. The bill would not apply to commercial solicitation or to an owner of a separate interest who wants to prevent all such solicitation or his or her private interest.This bill would provide that the governing documents, including bylaws and operating rules, of a residential common interest development may not prohibit a member or resident of a common interest development from engaging in certain activities, including peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes. The bill would prohibit a member or resident of a common interest development from being charged a deposit to use the associations recreation hall or clubhouse for a meeting for these purposes, if certain conditions are met. The bill would prohibit a requirement that a member or resident of a common interest development obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for these purposes. The bill would authorize a member or resident of a common interest development who is prevented by the association or its agents from engaging in any of these activities to bring a civil action to enjoin the enforcement of a governing document that violates this bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4515 is added to the Civil Code, to read:4515. (a) It is the intent of the Legislature 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 and with others with respect to common interest development living or for social or educational purposes.(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:(1) Peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes.(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members and residents and speak on matters of public interest.(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.(4) Canvassing and petitioning the members, the association board, and residents for the purposes described in paragraph (1) at reasonable hours and in a reasonable manner.(5) Distributing or circulating, without prior permission, information about common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.(c) A member or resident of a common interest development shall not be charged a deposit to use the associations recreation hall or clubhouse for a meeting for any purpose described in paragraphs (1) and (2) of subdivision (a), whether or not guests or visitors from outside the common interest development are invited to attend the meeting, if a member or resident of the common interest development is hosting the meeting and all members or residents of the common interest development are allowed to attend.(d) A member or resident of a common interest development shall not be required to obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for any purpose described in paragraphs (1) and (2) of subdivision (a).(e) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section.SECTION 1.Section 4515 is added to the Civil Code, to read:4515.(a)An association, through its governing documents or any interpretation of governing documents, shall not prohibit an owner of a separate interest from contacting any other owner or resident for the purpose of noncommercial solicitation by providing information in person or in writing about a candidate for public office or for an office within the association or on any issue that is the subject of a public election or association election or pending public or association legislation or rulemaking.(b)Subdivision (a) does not prohibit an association from restricting commercial solicitation nor does it prohibit any owner of a separate interest from preventing all solicitation on that owners separate interest.
Amended IN Senate May 01, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 407Introduced by Senator WieckowskiFebruary 15, 2017 An act to add Section 4515 to the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 407, as amended, Wieckowski. Common interest developments: noncommercial solicitation. Existing law, the Davis-Stirling Common Interest Development Act Act, defines and regulates common interest developments that are managed by homeowners associations. Existing law, with certain exceptions, prohibits an association from denying a member or occupant physical access through the common area, as specified. The act requires an association to adopt rules that ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates and to all members advocating a point of view. The act also requires the adoption of rules that ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are related to that election, equal access is provided to all candidates and members advocating a point of view.This bill would prohibit an association, through its governing documents, from enacting a rule or restriction prohibiting an owner of a separate interest from contacting any other owner or resident for the purpose of providing information about a candidate for public office or for an office within the association or on any issue that is the subject of a public or association election or pending public or association legislation or rulemaking. The bill would not apply to commercial solicitation or to an owner of a separate interest who wants to prevent all such solicitation or his or her private interest.This bill would provide that the governing documents, including bylaws and operating rules, of a residential common interest development may not prohibit a member or resident of a common interest development from engaging in certain activities, including peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes. The bill would prohibit a member or resident of a common interest development from being charged a deposit to use the associations recreation hall or clubhouse for a meeting for these purposes, if certain conditions are met. The bill would prohibit a requirement that a member or resident of a common interest development obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for these purposes. The bill would authorize a member or resident of a common interest development who is prevented by the association or its agents from engaging in any of these activities to bring a civil action to enjoin the enforcement of a governing document that violates this bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate May 01, 2017
Amended IN Senate May 01, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 407
Introduced by Senator WieckowskiFebruary 15, 2017
Introduced by Senator Wieckowski
February 15, 2017
An act to add Section 4515 to the Civil Code, relating to common interest developments.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 407, as amended, Wieckowski. Common interest developments: noncommercial solicitation.
Existing law, the Davis-Stirling Common Interest Development Act Act, defines and regulates common interest developments that are managed by homeowners associations. Existing law, with certain exceptions, prohibits an association from denying a member or occupant physical access through the common area, as specified. The act requires an association to adopt rules that ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates and to all members advocating a point of view. The act also requires the adoption of rules that ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are related to that election, equal access is provided to all candidates and members advocating a point of view.This bill would prohibit an association, through its governing documents, from enacting a rule or restriction prohibiting an owner of a separate interest from contacting any other owner or resident for the purpose of providing information about a candidate for public office or for an office within the association or on any issue that is the subject of a public or association election or pending public or association legislation or rulemaking. The bill would not apply to commercial solicitation or to an owner of a separate interest who wants to prevent all such solicitation or his or her private interest.This bill would provide that the governing documents, including bylaws and operating rules, of a residential common interest development may not prohibit a member or resident of a common interest development from engaging in certain activities, including peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes. The bill would prohibit a member or resident of a common interest development from being charged a deposit to use the associations recreation hall or clubhouse for a meeting for these purposes, if certain conditions are met. The bill would prohibit a requirement that a member or resident of a common interest development obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for these purposes. The bill would authorize a member or resident of a common interest development who is prevented by the association or its agents from engaging in any of these activities to bring a civil action to enjoin the enforcement of a governing document that violates this bill.
Existing law, the Davis-Stirling Common Interest Development Act Act, defines and regulates common interest developments that are managed by homeowners associations. Existing law, with certain exceptions, prohibits an association from denying a member or occupant physical access through the common area, as specified. The act requires an association to adopt rules that ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates and to all members advocating a point of view. The act also requires the adoption of rules that ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are related to that election, equal access is provided to all candidates and members advocating a point of view.
This bill would prohibit an association, through its governing documents, from enacting a rule or restriction prohibiting an owner of a separate interest from contacting any other owner or resident for the purpose of providing information about a candidate for public office or for an office within the association or on any issue that is the subject of a public or association election or pending public or association legislation or rulemaking. The bill would not apply to commercial solicitation or to an owner of a separate interest who wants to prevent all such solicitation or his or her private interest.
This bill would provide that the governing documents, including bylaws and operating rules, of a residential common interest development may not prohibit a member or resident of a common interest development from engaging in certain activities, including peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes. The bill would prohibit a member or resident of a common interest development from being charged a deposit to use the associations recreation hall or clubhouse for a meeting for these purposes, if certain conditions are met. The bill would prohibit a requirement that a member or resident of a common interest development obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for these purposes. The bill would authorize a member or resident of a common interest development who is prevented by the association or its agents from engaging in any of these activities to bring a civil action to enjoin the enforcement of a governing document that violates this bill.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4515 is added to the Civil Code, to read:4515. (a) It is the intent of the Legislature 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 and with others with respect to common interest development living or for social or educational purposes.(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:(1) Peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes.(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members and residents and speak on matters of public interest.(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.(4) Canvassing and petitioning the members, the association board, and residents for the purposes described in paragraph (1) at reasonable hours and in a reasonable manner.(5) Distributing or circulating, without prior permission, information about common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.(c) A member or resident of a common interest development shall not be charged a deposit to use the associations recreation hall or clubhouse for a meeting for any purpose described in paragraphs (1) and (2) of subdivision (a), whether or not guests or visitors from outside the common interest development are invited to attend the meeting, if a member or resident of the common interest development is hosting the meeting and all members or residents of the common interest development are allowed to attend.(d) A member or resident of a common interest development shall not be required to obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for any purpose described in paragraphs (1) and (2) of subdivision (a).(e) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section.SECTION 1.Section 4515 is added to the Civil Code, to read:4515.(a)An association, through its governing documents or any interpretation of governing documents, shall not prohibit an owner of a separate interest from contacting any other owner or resident for the purpose of noncommercial solicitation by providing information in person or in writing about a candidate for public office or for an office within the association or on any issue that is the subject of a public election or association election or pending public or association legislation or rulemaking.(b)Subdivision (a) does not prohibit an association from restricting commercial solicitation nor does it prohibit any owner of a separate interest from preventing all solicitation on that owners separate interest.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4515 is added to the Civil Code, to read:4515. (a) It is the intent of the Legislature 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 and with others with respect to common interest development living or for social or educational purposes.(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:(1) Peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes.(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members and residents and speak on matters of public interest.(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.(4) Canvassing and petitioning the members, the association board, and residents for the purposes described in paragraph (1) at reasonable hours and in a reasonable manner.(5) Distributing or circulating, without prior permission, information about common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.(c) A member or resident of a common interest development shall not be charged a deposit to use the associations recreation hall or clubhouse for a meeting for any purpose described in paragraphs (1) and (2) of subdivision (a), whether or not guests or visitors from outside the common interest development are invited to attend the meeting, if a member or resident of the common interest development is hosting the meeting and all members or residents of the common interest development are allowed to attend.(d) A member or resident of a common interest development shall not be required to obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for any purpose described in paragraphs (1) and (2) of subdivision (a).(e) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section.
SECTION 1. Section 4515 is added to the Civil Code, to read:
### SECTION 1.
4515. (a) It is the intent of the Legislature 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 and with others with respect to common interest development living or for social or educational purposes.(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:(1) Peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes.(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members and residents and speak on matters of public interest.(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.(4) Canvassing and petitioning the members, the association board, and residents for the purposes described in paragraph (1) at reasonable hours and in a reasonable manner.(5) Distributing or circulating, without prior permission, information about common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.(c) A member or resident of a common interest development shall not be charged a deposit to use the associations recreation hall or clubhouse for a meeting for any purpose described in paragraphs (1) and (2) of subdivision (a), whether or not guests or visitors from outside the common interest development are invited to attend the meeting, if a member or resident of the common interest development is hosting the meeting and all members or residents of the common interest development are allowed to attend.(d) A member or resident of a common interest development shall not be required to obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for any purpose described in paragraphs (1) and (2) of subdivision (a).(e) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section.
4515. (a) It is the intent of the Legislature 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 and with others with respect to common interest development living or for social or educational purposes.(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:(1) Peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes.(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members and residents and speak on matters of public interest.(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.(4) Canvassing and petitioning the members, the association board, and residents for the purposes described in paragraph (1) at reasonable hours and in a reasonable manner.(5) Distributing or circulating, without prior permission, information about common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.(c) A member or resident of a common interest development shall not be charged a deposit to use the associations recreation hall or clubhouse for a meeting for any purpose described in paragraphs (1) and (2) of subdivision (a), whether or not guests or visitors from outside the common interest development are invited to attend the meeting, if a member or resident of the common interest development is hosting the meeting and all members or residents of the common interest development are allowed to attend.(d) A member or resident of a common interest development shall not be required to obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for any purpose described in paragraphs (1) and (2) of subdivision (a).(e) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section.
4515. (a) It is the intent of the Legislature 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 and with others with respect to common interest development living or for social or educational purposes.(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:(1) Peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes.(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members and residents and speak on matters of public interest.(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.(4) Canvassing and petitioning the members, the association board, and residents for the purposes described in paragraph (1) at reasonable hours and in a reasonable manner.(5) Distributing or circulating, without prior permission, information about common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.(c) A member or resident of a common interest development shall not be charged a deposit to use the associations recreation hall or clubhouse for a meeting for any purpose described in paragraphs (1) and (2) of subdivision (a), whether or not guests or visitors from outside the common interest development are invited to attend the meeting, if a member or resident of the common interest development is hosting the meeting and all members or residents of the common interest development are allowed to attend.(d) A member or resident of a common interest development shall not be required to obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for any purpose described in paragraphs (1) and (2) of subdivision (a).(e) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section.
4515. (a) It is the intent of the Legislature 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 and with others with respect to common interest development living or for social or educational purposes.
(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:
(1) Peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes.
(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members and residents and speak on matters of public interest.
(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.
(4) Canvassing and petitioning the members, the association board, and residents for the purposes described in paragraph (1) at reasonable hours and in a reasonable manner.
(5) Distributing or circulating, without prior permission, information about common interest development living, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.
(c) A member or resident of a common interest development shall not be charged a deposit to use the associations recreation hall or clubhouse for a meeting for any purpose described in paragraphs (1) and (2) of subdivision (a), whether or not guests or visitors from outside the common interest development are invited to attend the meeting, if a member or resident of the common interest development is hosting the meeting and all members or residents of the common interest development are allowed to attend.
(d) A member or resident of a common interest development shall not be required to obtain liability insurance or pay the premium or deductible on the associations insurance policy in order to use a common area facility for any purpose described in paragraphs (1) and (2) of subdivision (a).
(e) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section.
(a)An association, through its governing documents or any interpretation of governing documents, shall not prohibit an owner of a separate interest from contacting any other owner or resident for the purpose of noncommercial solicitation by providing information in person or in writing about a candidate for public office or for an office within the association or on any issue that is the subject of a public election or association election or pending public or association legislation or rulemaking.
(b)Subdivision (a) does not prohibit an association from restricting commercial solicitation nor does it prohibit any owner of a separate interest from preventing all solicitation on that owners separate interest.