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

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Date Published: 02/15/2017 09:00 PM
SB407:v99#DOCUMENT


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 introduced, 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. Existing law, with certain exceptions, prohibits an association from denying a member or occupant physical access through the common area, as specified.
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.
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) 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 owner’s separate interest.