Beaumont Tashjian Law Blog

Monday, January 1, 2018

SB 407 (Wieckowski) Noncommercial Solicitation

SB 407 (Wieckowski) Noncommercial Solicitation.
Civil Code §4515
Effective January 1, 2018

SB 407 expanded on existing law which requires associations to provide equal access to common areas for candidates and members for the purpose of advocating a point of view during an election. This bill protects certain free speech rights, i.e., to meet, canvass, and distribute materials of a community association.

The bill allows owners and residents to use common area facilities for meetings related to association issues, legislation, elections to public office, and public ballot measures without the requirement of purchasing insurance or being charged a fee.

In light of this new bill, we suggest Boards adopt Common Area and Solicitation Rules to address the new law. A policy should include the following:

    (1) Require owner to reimburse the association for any and all costs incurred to clean the common area meeting space;
    (2) Require owner to reimburse the association for any costs incurred to repair damage caused by the member, resident     or their invitees;
    (3) Establish reasonable protocol for reserving meeting space;
    (4) Establish reasonable hours and days of the week when a member can solicit/canvas; and
    (5) Establish fines and penalties for violations; etc.

Contact our office for a quote to prepare custom documents unique to your community's needs.


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