Civil Code section 4515, as it was signed into law in 2018, invalidated any portion of an association’s governing documents that prohibited the following:
Peacefully assembling or meeting with members, residents, and their invitees or guests during
reasonable hours and in a reasonable manner for purposes relating to common interest development living, association elections, legislation, election to public
organizations to meet with members, residents, and their invitees or guests and speak on matters of
Using the common area, including the clubhouse, or, with the consent of the member, the area of a
separate interest, for a meeting described in paragraph (1) or (2) when that facility or separate interest is not
Canvassing and petitioning the members, the board, and residents for the activities described in paragraphs (1) and (2) at reasonable hours and in a
Distributing or circulating, without prior permission, information about common interest development living, association elections, legislation, election to public or other issues of concern to members and residents at
The law also provides that an association may not charge a fee, collect a deposit, or require an insurance policy when the common area is used for the purposes described in paragraphs (1), (2), or (3) above. Violations of this law can be addressed in small claims court. Further, the court is given the power to determine that the governing document that confl icts with this law will not be enforced and the court may levy a penalty against the association of $500 for each attempt to enforce a governing document that confl icts with the law.
One may have thought that the legislature would have been fl ooded with stories of abuses of this law. After all, the law allows a tenant to use the clubhouse to host a political rally for his cousin Bob who is running for city council. The tenant would not need to pay a fee or provide a deposit or insurance. And the tenant would be free to invite the number of guests equal to the room’s maximum capacity. What could possibly go wrong?
This year, the legislature set its eyes on social media. As of 2023, the governing documents may not forbid using social media or other online resources to discuss (1) development living, (2) association elections, (3) legislation, (4) election to public offi ce, (5) the initiative, referendum, or recall processes, (6) any other issues of concern to members and residents. Likewise, an association may not retaliate against an owner who exercises these rights.
It is unclear how this new law will affect anyone. I have never seen a governing document that attempted to prevent free speech on the internet. What I have seen, for good reason, are many requests asking owners to remove incorrect information from their websites (like the former management company’s contact information). I have also seen many instances when an owner or a non-owner realtor created a website or social media page and “forgot” to explain that it was not run by or endorsed by the homeowners association.
It would have been nice for the legislature to address the abuses created by homeowners and to provide a remedy for homeowners associations when there are obvious attempts by an owner to mislead other owners with false statements. Instead, the best that the boards can do is redirect owners to proper resources for information such as suggesting that they attend a board meeting.
One fortunate part about the new law is that it specifi cally does not require an association to provide social media or other online resources to members and it does not require an association to allow members to post content on the association’s internet website. This will resolve many disputes in associations where homeowners have insisted that they have the right to campaign on the association’s website.
—Denise Iger, Esq. is a partner at Iger Wankel & Bonkowski, LLP, and can be reached at
diger@igerwankel.com.
www.caioc.org 23
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