Bill Author : Wieckowski

Subject : Noncommercial Solicitation

Status : In Senate Judiciary

Sponsor :

ECHO Postion : Oppose Unless Amended

From the Legislative Counsel’s Digest:

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, association elections, 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 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 common area for these activities. 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. The bill would authorize a court to assess a civil penalty of not more than $500 per violation.

Owners have the right to request a membership list for a purpose “reasonably related” to their interest as a member (see Civil Code Section §5225). At the same time, the association has a right to deny access to this list if they “reasonably believe” that the information will be used for another purpose. This allows owners to communicate with each other about association business, and protects against owners who might want to “SPAM” the community.

We recognize that some issues that are the subject of a “public election” or “public […] legislation or rulemaking” are connected to the association’s interests. These issues include rezoning, local development, installing or removing stop signs, etc. However, other “public” issues have nothing to do with associations. ECHO is watching how this bill develops.