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SB-407 Common interest developments: noncommercial solicitation. (2017-2018)

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Date Published: 05/17/2017 09:00 PM
SB407:v97#DOCUMENT

Amended  IN  Senate  May 17, 2017
Amended  IN  Senate  May 01, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 407


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


SB 407, as amended, Wieckowski. Common interest developments: noncommercial solicitation.
Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments that are managed by homeowners’ associations. 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 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 required to pay a fee, make a deposit, obtain liability insurance, or pay the premium or deductible on the association’s insurance policy to use the association’s recreation hall or clubhouse for a meeting for these purposes, if common area for these purposes, unless nonresidents are invited to attend as members of the audience and 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 association’s 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 or small claims court action to enjoin the enforcement of a governing document that violates this bill.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 social, political, 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 paragraphs (1) and (2) 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 association’s recreation hall or clubhouse for a meeting required to pay a fee, make a deposit, obtain liability insurance, or pay the premium or deductible on the association’s insurance policy, in order to use a common area for any purpose described in paragraphs (1) and (2) (1), (2), and (3) 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. (b), unless nonresidents are invited to attend as members of the audience. If nonresidents are invited to attend as members of the audience, the association may impose a deposit, liability insurance requirement, or other precondition upon the use of the common area only if the deposit, liability insurance requirement, or other precondition is no greater or more burdensome than what the association would apply to any other meeting or gathering organized by a resident or by the association itself.

(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 association’s insurance policy in order to use a common area facility for any purpose described in paragraphs (1) and (2) of subdivision (a).

(e)

(d) 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 or small claims court action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section.