A California true HOA Bill of Rights

CA Chapter 236 (SB 407) (2017), just passed into law.  A true Homeowner Bill of RightsThank you Senator Wieckowski.

 

The people of the State of California do enact as follows:

SECTION 1. Section 4515 is added to the Civil Code, to read:

  1. (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, 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 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 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, residents, and their invitees or guests 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 activities described in 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, association elections, 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 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 the activities described in paragraphs (1), (2), and (3) of subdivision (b).

(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. The court may assess a civil penalty of not more than five hundred dollars ($500) for each violation.

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HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

5 thoughts on “A California true HOA Bill of Rights”

  1. Finally!!!!
    Why does it take so long to use common sense? I hope other states follow suit. The biggie here is being able to enforce this small claims AND not having to get permission.

  2. Good but why not simply incorporate the entire California Constitution which would be encompassing in toto.

  3. Hello,

    Thank you for your work in getting changes made to
    protect our rights.
    Our sales used to be known and the price told to us
    all other owners in here so we would know what sold
    and at what price, I can’t find out that info now and the MLS
    And realtors are not helpful by reporting it. I want to know so if I want to sell I want to know the latest price of sales so I price mine right.
    The other reason is our HOA monthly dues are based on
    Square feet of our unit and what we paid for it. I want to know
    that Information.

    My second question is, am I allowed to know what each owner in this CA. Co-op pays for their monthly dues. I have asked and they tell
    me I can’t have that info. There isn’t any transparentcy I am being
    over charged and I need to prove it. They had their lawyers write a letter to me years ago telling me I could not have that information.

    This is a corporation and we are in writer resort in Ranch Mirage
    Ca. We have a lot of Canadians that are sure holders and lots of the time
    A anadian is the HOA President or Secratary, Or Treasure or board
    Member, is that legal?
    .

  4. Excellent move. It will stop the bad Boards from trying to intimidate homeowners who are trying to correct undesirable situations in HOAs from communicating and replacing bad Boards. I challenge the AZ lobbyists for homeowners to do the same instead of looking the other way and caving to special interest groups. Our lobbying efforts to protect homeowners need to get stronger. It does not mean changing a few words on what all ready exists. Some of the legislation efforts I viewed are a joke. They seem like some grammatical corrections and change of words that truly have no impact. We need strong lobbyists for homeowners creating new laws to protect homeowners. Lobbyists for homeowners need to be innovative and strong, not followers.

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