ASSEMBLY AND MEETINGS
Effective January 1, 2018, associations cannot prohibit members and residents from peacefully assembling or meeting with other members, residents, or their respective invitees or guests for purposes relating to (i) CID living, (ii) association elections, (iii) legislation, (iv) elections to public office, or (v) the initiative, referendum, or recall processes. (Civ. Code § 4515(b)(1).)
Public Officials, Candidates and HOA Representatives. Associations cannot prohibit members or residents from inviting public officials, candidates for public office or representatives from homeowner organizations to meet with members, residents, invitees and guests to speak on any matter of public interest. “Homeowner organizations” would include such groups as Community Associations Institute (CAI), California Association of Community Managers (CACM), and Education Community for Homeowners (ECHO), but also could be broadly interpreted to include any organization related to or involving homeowner associations. (Civ. Code § 4515(b)(2).)
Matters of Public Interest. Any “matters of public interest” would include CID living, social, political, educational, and, to the extent it would overlap any of those categories, religious purposes. However, while meeting and speaking about religious issues in the context of politics, society or education would be permitted, exercising religious rights, such as prayer sessions or religious services, would likely fall outside the scope of this statute. (Civ. Code § 4515(b)(2).)
Use of Common Area. Associations cannot prohibit members or residents from using the common areas, such as a lawn, lobby or a clubhouse, for purposes discussed above. Further, members cannot be charged a fee or required to make a deposit, buy insurance, or pay premiums or deductibles on the associations’ insurance policy when the common area is being used such purposes. A private home also may be used for the same purposes and under the same conditions, with the owner’s consent. (Civ. Code § 4515(b)(3); (c).)
Reasonable Restrictions. While the above matters cannot be prohibited, they can be regulated as provided by statute.
- Peaceful Assembly and Meeting. Meetings must be peaceful. (§ 4515(b)(1).) Associations can prohibit violence, threats, excessive noise, or other non-peaceful assemblies and meetings.
- Scope of Meetings and Speaking Topics. While the scope allowed for meetings (§ 4515(b)(1)&(2)), canvassing and petitioning (§ 4515(b)(4)) are broad, they are not unlimited. Associations can adopt rules restricting such activities to the purposes expressly allowed by statute. While the same could be done as to distributing and circulating of information under § 4515(b)(5), it would be less effective since the authorized subject matter, issues of concern to members and residents, is effectively unlimited.
- Reasonable Manner and Hours. Associations can restrict the assemblies, meetings, canvassing, petitioning, and distributing materials to reasonable manners and times. Although mailing is unrestricted, canvassing private residences can be restricted to reasonable hours. Members can slide flyers under front doors, door mats, or behind screen doors, and hand out flyers but should not affix flyers to common area walls, doors, and windows or placing them on vehicles.
CANVASSING AND PETITITIONING
Associations cannot prohibit members or residents from canvassing or petitioning (1) members, (2) the association’s board, and (3) residents to participate in permitted activities (assembling, meeting, speaking with public figures, etc.). (Civ. Code § 4515(b)(4).)
Distributing Flyers. Members cannot be prohibited from distributing or circulating, without permission, information about (1) CID living, (2) association elections, (3) legislation, (4) election to public office, (5) the initiative, referendum, or recall processes, or (6) other issues of concern to members and residents. This is by far the broadest and most overreaching portion of the new law. The scope of information which may be distributed, without permission, is effectively unlimited. It need only be any matter which concerns a member or resident. (Civ. Code § 4515(b)(5).)
Penalties for Violations. Members or residents who are prevented from engaging in activities protected by this new law may seek injunctive relief and imposition of a civil penalty of up to $500 in civil or small claims court. (Civ. Code § 4515(d).)
POLITICAL & NONCOMMERCIAL SIGNAGE
Associations cannot prohibit political signs, posters, flags or banners on or in an owner's separate interest. (Civ. Code § 4710.) In planned developments, residents can display signs in their yards in windows, on doors, and on the sides of their houses. In condominiums, they can display signs on the inside of their windows and on balconies. They cannot put them on exterior windows, doors or walls since those are common areas.
Type of Materials. Noncommercial signs may be a poster, flag, or banner made of paper, cardboard, cloth, plastic, or fabric. Associations can prohibit signs made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces. (Civ. Code § 4710(b).)
Size of Signs. An association may prohibit noncommercial signs and posters that are more than 9 square feet in size and noncommercial flags or banners that are more than 15 square feet in size. (Civ. Code § 4710(c).)
Content. Signs, posters and flags displaying obscenity or fighting words can be restricted.
Mobilehome Park Time Limits. In mobilehome parks, a political sign "may not be displayed in excess of a period of time from 90 days prior to an election to 15 days following the election, unless a local ordinance... imposes a more restrictive period of time for the display of such a sign." (Civ. Code § 799.10.) Although mobilehome parks and apartment complexes (Civ. Code § 1940.4(d)) can establish reasonable time limits for the display of political signs, currently there is nothing in the law addressing the issue for homeowner associations that are not mobilehome parks.
Number of Signs. Although Civil Code § 4710 does not address an association’s ability to limit the number of signs, this idea is implicit in the statute. The Legislature empowered associations to limit the size of signs/posters to nine square feet and flags/banners to 15 square feet. If owners are free to install limitless signs and flags, they effectively render the size limitations meaningless, e.g., five signs of nine square feet means the owner is using 45 square feet of signage. If the Legislature intended for this to be available to owners, it would not have included the size limits. Also, when the legislature wishes to allow for more than one item, it expressly so states. For example, for the display of religious items, the relevant statute states “ no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the member’s separate interest.” (Civil Code § 4706(a).)
No Common Area Signs. Associations can prohibit all signs in common areas, including political signs.
COMMERCIAL SIGNAGE
Also see "Regulating Commercial Signs, Posters, and Banners."
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