SB 407 (Wieckowski) Noncommercial Solicitation.
Civil Code §4515
By Jeffrey Beaumont, Esq., CCAL, Beaumont Tashjian
Existing law requires associations to provide equal access to common areas for candidates and members for the purpose of advocating a point of view during an election. New Civil Code Section 4515 provides that any governing document provision is void and unenforceable if it prohibits or unreasonably restricts members and residents from using common area to peacefully assemble and communicate with other members, relating to common interest development living (i.e., elections, legislation, election to public office, or the initiative, referendum, or recall processes), as long as such is done in a reasonable manner. Additionally, the bill prohibits the association from charging a fee or requiring a member to make a deposit to use common area (i.e., security deposits) for such activities described above. This bill also allows members to circulate information of concern, including petitioning members and/or the association’s board, in a reasonable manner. It is important to note, violations of the code by the association permit a member to recover up to five hundred dollars for each violation.
In light of this new bill, Jeffrey A. Beaumont, Esq., CCAL suggests Boards adopt Common Area and Solicitation Rules to address the new law. A policy should, among other things, require the member using a clubhouse or common area for the purposes outlined above to reimburse the association for any and all costs incurred to clean the common area meeting space as well as reimburse the association for any costs incurred to repair damage caused by the member, resident or their invitees.
For more information in regards to Civil Code Section 4515, and how Optimum can assist to help protect your community, please contact us at www.optimumpm.com.