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EQUAL ACCESS REQUIRED

Association Media. If any candidate or member advocating a point of view is provided access to association media (such as newsletters and internet websites) during a campaign, for purposes that are reasonably related to that election, the association must provide equal access to all candidates and members advocating a point of view on the issue. (Civ. Code § 5105(a).)

Meeting Space. In addition, associations must ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election. (Civ. Code § 5105(a)(2).)

Right to Campaign. All members, including directors (at their own expense) have a right to campaign for or against any candidate or issue.

Enforcement. For violations regarding equal access to association resources, owners may bring a small claims court action. (Civ. Code § 5145(c).)

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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