A Road Paved with Good Intentions

Addressing Unintended Consequences of New Public Assembly Laws Affecting Homeowner Associations

By Katrina E. Solomatina, Esq.

As the California legislature expressed in the stated legislative objective behind Civil Code section 4515:

“The homeowners' associations that operate the common interest developments (CIDs) are quasi-governmental entities with great power over the lives and property of their residents, including powers exceeding those of local governments. Unfortunately, those powers have too often been used to control their residents and squelch opposing views with very little regulation or oversight.”

So the legislature, taking matters into its own hands, enacted section 4515 effective January 1, 2018, which clarifies the rights of homeowners (and residents) in CIDs to engage in politically expressive activities within the CID and freely communicate with others concerning CID living or for social, political or educational purposes having nothing at all to do with their community.

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