AB 1410: Common interest developments.

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Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowners separate property. That law, among other things, prohibits an association from restricting specified rights of a homeowner. These rights include the right to peacefully assemble, to invite public officials or other speakers to discuss matters of public interest, to distribute literature related to common interest development living, and to rent or lease a separate interest unless the governing document or amendment that restricts a homeowners right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest.

This bill would prohibit the governing documents from prohibiting a member or resident of a common interest development from using social media or other online resources to discuss specified issues even if the content is critical of the association or its governance, including, among other issues, development living and association elections. The bill would additionally prohibit an association from retaliating against a member or a resident for exercising certain rights, including the right to peacefully assemble or to use social media or other online resources to discuss certain issues.

Under this bill, an owner of a separate interest in a common interest development would not be subject to a provision in a governing document that prohibits the rental or leasing of a portion of the owner-occupied separate interest for more than 30 days, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

Under this bill, an owner of a separate interest in a common interest development would not be subject to a provision in a governing document that prohibits the rental or leasing of a portion of the homeowner occupied owner-occupied separate interest for more than 30 days, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

This bill would prohibit an association from taking any enforcement actions for the violation of governing documents during a declared emergency, as specified, except those actions relating to the homeowners nonpayment of assessments, if the emergency makes it unsafe or impossible for the homeowner to either prevent or fix the violation. The bill would also require an association that seeks to impose a monetary penalty for a violation of the governing documents to make any physical evidence used in determining the violation available, as specified, to the member accused of violating the governing documents. The bill would require that any photographs the association intends to rely on to determine a violation of the governing documents has occurred be made available, along with the photographs digital metadata, as defined, to the member.

Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowners separate property. That law, among other things, prohibits an association from restricting specified rights of a homeowner. These rights include the right to peacefully assemble, to invite public officials or other speakers to discuss matters of public interest, distributing to distribute literature related to common interest development living, and a homeowners right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowners right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest.

This bill would prohibit the governing documents from restricting a homeowners right to use prohibiting a member or resident of a common interest development from using social media or other online resources to discuss specified issues even if the discussions are content is critical of the association or its governance, including, among other issues, development living and association elections. The bill would authorize an association to moderate online content posted to an online resource by association members in certain circumstances, subject to meeting all of specified requirements relating to the posting of that online content. The bill would additionally prohibit an association from retaliating against a member or a resident for exercising certain rights, including the right to peacefully assemble or to use social media or other online resources to discuss certain issues.

The bill would also prohibit the governing documents from restricting a homeowners right to rent or lease

Under this bill, an owner of a separate interest in a common interest development would not be subject to a provision in a governing document that prohibits the rental or leasing of a portion of the homeowner occupied separate interest for more than 30 days, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest.

Existing law regulates the election and necessary qualifications for a member to serve as a director of an association.This bill would require any person serving as a director or employee of an association, upon election or employment, to be provided with a code of conduct that includes specified information, including what constitutes a conflict of interest, and what constitutes harassment, discrimination, and retaliation. The bill would require directors and employees to attest, in writing, within 30 days of being elected or hired, that they have read and understood the code of conduct, and would require a copy of the code of conduct and signed attestation to be retained by the association for 2 years following the expiration of the term or employee separation.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

This bill would prohibit an association from taking any enforcement actions for the violation of governing documents during a declared emergency, as specified. This specified, if the emergency makes it unsafe or impossible for the homeowner to either prevent or fix the violation. The bill would also require, if require an association that seeks to impose a monetary penalty for a violation of the governing documents, documents to make any physical evidence used in determining a violation be made available the violation available, as specified, to the member accused of violating the governing documents. This The bill would require that any photographs used to the association intends to rely on to determine a violation of the governing documents has occurred contain either a time and date stamp, or be made available, along with the photographs digital metadata, as defined, that clearly states the time and date the photograph was taken. to the member.

Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowners separate property. That law, among other things, prohibits an association from restricting specified rights of a homeowner. These rights include the right to peacefully assemble, to invite public officials or other speakers to discuss matters of public interest, distributing literature related to common interest development living, and a homeowners right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowners right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest.

This bill would prohibit the governing documents from restricting a homeowners right to use social media or other online resources to discuss specified issues even if the discussions are critical of the association or its governance. The governance, including, among other issues, development living and association elections. The bill would authorize an association to moderate online content posted to an online resource by association members in certain circumstances, subject to meeting all of specified requirements relating to the posting of that online content. The bill would additionally prohibit an association from retaliating against a member or a resident for exercising certain rights, including the right to peacefully assemble or to use social media or other online resources to discuss certain issues.

The bill would also prohibit the governing documents from restricting a homeowners right to rent or lease a portion of the homeowner occupied separate interest for more than 30 days, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest.

Existing law regulates the election and necessary qualifications for a member to serve as a director of an association.

This bill would require any person serving as a director of, or a full-time employee of, an association to complete a course in fiduciary ethics and harassment prevention by a specified date. The bill would require directors and employees to attest, in writing, to completion of the course, and would require the association to maintain the attestation for at least 3 years. or employee of an association, upon election or employment, to be provided with a code of conduct that includes specified information, including what constitutes a conflict of interest, and what constitutes harassment, discrimination, and retaliation. The bill would require directors and employees to attest, in writing, within 30 days of being elected or hired, that they have read and understood the code of conduct, and would require a copy of the code of conduct and signed attestation to be retained by the association for 2 years following the expiration of the term or employee separation.

Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner and imposes various requirements on real estate transactions. The bill would exempt a person who is licensed under the Real Estate Law from the above requirements.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

This bill would prohibit an association from taking any enforcement actions for the violation of governing documents during a declared emergency, as specified. This bill would also require, if an association seeks to impose a monetary penalty for a violation of the governing documents, any physical evidence used in determining a violation be made available to the member accused of violating the governing documents. This bill would require that any photographs used to determine a violation of the governing documents has occurred contain either a time and date stamp, or digital metadata, as defined, that clearly states the time and date the photograph was taken.

Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowners separate property. That law, among other things, prohibits an association from restricting specified rights of a homeowner. These rights include the right to peacefully assemble, to invite public officials or other speakers to discuss matters of public interest, distributing literature related to common interest development living, and a homeowners right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowners right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest.

This bill would prohibit the governing documents from restricting a homeowners right to use social media or other online resources to discuss specified issues even if the discussions are critical of the association or its governance. The bill would also prohibit the governing documents from restricting a homeowners right to rent or lease a portion of the homeowner occupied separate interest for more than 30 days, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest.

Existing law regulates the election and necessary qualifications for a member to serve as a director of an association.

The bill would exempt a person who is licensed under the Real Estate Law from the above requirements.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowners separate property. That law, among other things, prohibits an association from restricting specified rights of a homeowner. These rights include the right to peacefully assemble, to invite public officials or other speakers to discuss matters of public interest, distributing literature related to common interest development living, and a homeowners right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowners right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest.

This bill would prohibit the governing documents from restricting a homeowners right to use social media or other online resources to discuss specified issues even if the discussions are critical of the association or its governance. The bill would also prohibit the governing documents from restricting a homeowners right to rent or lease a portion of the homeowner occupied separate interest for 30 days or more, more than 30 days, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest.

Existing law authorizes an association to restrict a members actions and speech while in the common development.This bill would prohibit any restrictions on discussions critical of the association.

Existing law regulates the election and necessary qualifications for a member to serve as a director of an association.

This bill would require any person serving as a director and of, or a full-time employee of of, an association on January 2, 2024, to complete a course in fiduciary ethics and harassment prevention by a specified date. The bill would require the Department of Real Estate, on or before December 1, 2023, to either develop a course or certify a course offered by a third party to satisfy this requirement. The bill would require directors and employees to attest, in writing, to completion of the course, and would require the association to maintain the attestation for at least 3 years.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

This bill would prohibit an association from taking any enforcement actions for the violation of governing documents during, and for 30 days after, a declared emergency, evacuation, shelter in place order, or quarantine. during a declared emergency, as specified. This bill would also require, if an association seeks to impose a monetary penalty for a violation of the governing documents, any physical evidence used in determining a violation be made available to the member accused of violating the governing documents. This bill would require that any photographs used to determine a violation of the governing documents has occurred contain either a time and date stamp, or digital metadata, as defined, that clearly states the time and date the photograph was taken.

Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowners separate property. That law, among other things, prohibits an association from restricting a homeowners right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowners right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest. Existing law also prohibits the governing documents of an association from establishing unreasonable restrictions on the use of a homeowners backyard for personal agriculture, as defined.

This bill would prohibit the governing documents from restricting a homeowners right to rent or lease a portion of the homeowner occupied separate interest for 30 days or more, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest. This bill would also extend the provision protecting a homeowners right to use their backyard for personal agriculture to include all of the homeowners separate interest.

Existing law authorizes an association to restrict a members actions and speech while in the common development.

This bill would prohibit any restrictions on discussions critical of the association.

Existing law regulates the election and necessary qualifications for a member to serve as a director of an association.

This bill would require every any person serving as a director and full-time employee of an association completes on January 2, 2024, complete a course in fiduciary ethics and harassment prevention by a specified date. The bill would require the Department of Real Estate, on or before December 1, 2023, to either develop a course or certify a course offered by a third party to satisfy this requirement.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

This bill would prohibit an association from taking any enforcement action regarding landscaping of a homeowners separate interest during a declared emergency, or on days where the air quality is unhealthy, as determined by the State Air Resources Board. This bill would also prohibit an association from taking enforcement actions for the violation of governing documents during, and for 30 days after, a declared emergency, evacuation, shelter in place order, or quarantine. This bill would also require require, if an association seeks to impose a monetary penalty for a violation of the governing documents, any physical evidence used in determining a violation of the governing documents has occurred be made available to the member accused of violating the governing documents. This bill would require that any photographs used to determine a violation of the governing documents has occurred contain either a time and date stamp, or digital metadata, as defined, that clearly states the time and date the photograph was taken.

Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowners separate property. That law, among other things, prohibits an association from restricting a homeowners right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowners right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest. Existing law also prohibits the governing documents of an association from establishing unreasonable restrictions on the use of a homeowners backyard for personal agriculture, as defined.

This bill would prohibit the governing documents from restricting a homeowners right to rent or lease their separate interest, or any portion thereof, a portion of the homeowner occupied separate interest for 30 days or more, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest. This bill would also extend the provision protecting a homeowners right to use their backyard for personal agriculture to include all of the homeowners separate interest.

Existing law authorizes an association to restrict a members actions and speech while in the common development.

This bill would prohibit any restrictions on discussions critical of the association.

Existing law regulates the election and necessary qualifications for a member to serve as a director of an association.

This bill would require every director and full-time employee of an association completes a course in ethics and harassment prevention.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

This bill would prohibit an association from taking any enforcement action regarding landscaping of a homeowners separate interest during a declared emergency, or on days where the air quality is unhealthy, as determined by the State Air Resources Board. This bill would also prohibit an association from taking enforcement actions for the violation of governing documents during, and for 30 days after, a declared emergency, evacuation, shelter in place order, or quarantine. This bill would also require any physical evidence used in determining a violation of the governing documents has occurred be made available to the member accused of violating the governing documents. This bill would require that any photographs used to determine a violation of the governing documents has occurred contain either a time and date stamp, or digital metadata, as defined, that clearly states the time and date the photograph was taken.

Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowners separate property. That law, among other things, prohibits an association from restricting a homeowners right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowners right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest. Existing law also prohibits the governing documents of an association from establishing unreasonable restrictions on the use of a homeowners backyard for personal agriculture, as defined.

This bill would prohibit the governing documents from restricting a homeowners right to rent or lease their separate interest, or any portion thereof, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest. This bill would also extend the provision protecting a homeowners right to use their backyard for personal agriculture to include all of the homeowners separate interest.

Existing law authorizes an association to restrict a members actions and speech while in the common development.

This bill would prohibit any restrictions on discussions critical of the association.

Existing law regulates the election and necessary qualifications for a member to serve as a director of an association.

This bill would require every director and full-time employee of an association completes a course in ethics and harassment prevention.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

This bill would prohibit an association from taking any enforcement action regarding landscaping of a homeowners separate interest during a declared emergency, or on days where the air quality is unhealthy, as determined by the State Air Resources Board. This bill would also prohibit an association from taking enforcement actions for the violation of governing documents during, and for 30 days after, a declared emergency, evacuation, shelter in place order, or quarantine. This bill would also require any physical evidence used in determining a violation of the governing documents has occurred be made available to the member accused of violating the governing documents. This bill would require that any photographs used to determine a violation of the governing documents has occurred contain either a time and date stamp, or digital metadata, as defined, that clearly states the time and date the photograph was taken.

Version:

The people of the State of California do enact as follows:SECTION 1.

The Legislature finds and declares all of the following:

(a)During an unprecedented pandemic and resulting economic crisis, homeowners have struggled in a variety of ways to maintain their homes.

(b)It is in the interest of homeowners that special protections be put in place against enforcement actions and fines by an association in times of emergency.

(c)It is counter to the interest of the state, its residents, and its housing and homelessness policy to prohibit homeowners from inviting a tenant into their home.

(d)It is in the best interest of the state to ensure those with fiduciary responsibilities with regards to homeowners receive appropriate training.

SEC. 2.Section 4515 of the Civil Code is amended 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, 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.

(6)(A)Using social media or other online resources to discuss any of the following, even if the content is critical of the association or its governance:

(i)Development living.

(ii)Association elections.

(iii)Legislation.

(iv)Election to public office.

(v)The initiative, referendum, or recall processes.

(vi)Any other issues of concern to members and residents.

(B)This paragraph does not require an association to provide social media or other online resources to members.

(C)This paragraph does not require an association to allow members to post content on the associations internet website.

(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 associations 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.

(e)An association shall not retaliate against a member or a resident for exercising any of the rights contained in this section.

SEC. 3.Section 4739 is added to the Civil Code, to read:4739.

(a)Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document, or amendments thereto, that prohibits the rental or leasing of a portion of the owner-occupied separate interest in that common interest development to a renter, lessee, or tenant for a period of more than 30 days.

(b)Nothing in this section shall permit an owner of a separate interest or a resident renting or leasing a portion of the owner-occupied separate interest to violate any provision of the association governing documents that govern conduct in the separate interest or common areas, or that govern membership rights or privileges, including, but not limited to, parking restrictions and guest access to common facilities.

SEC. 4.Section 5875 is added to the Civil Code, to read:5875.

An association shall not pursue any enforcement actions for a violation of the governing documents, except those actions relating to the homeowners nonpayment of assessments, during a declared state or local emergency if the nature of the emergency giving rise to the declaration makes it unsafe or impossible for the homeowner to either prevent or fix the violation.

SEC. 5.

The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.