WHAT IS CALIFORNIA CIVIL CODE 4515 ABOUT?
Civil Code § 4515 establishes that in a common-interest development (CID) such as a homeowner association (HOA) community, individual owners and residents retain rights to assemble, communicate and distribute information. The Legislature’s intent is clear: to preserve residents’ ability to speak freely, meet, vote, and engage in civic and community matters. It ensures homeowner voice, participation and access to common areas for non-commercial civic, social or political assemblies.
Equally important, Civil Code 4515 prevents the HOA from silencing or penalizing residents for exercising these rights.
WHY IS 4515 IMPORTANT TO HOMEOWNERS?
Civil Code 4515 is a critical protection of your voice and participation rights when it comes to living in an HOA community.
WHAT ARE EXAMPLES OF TOPICS PROTECTED BY 4515?
Discussion of (i) Development living, (ii) Association elections, (iii) Legislation, (iv) Election to public office, (v) The initiative, referendum, or recall process, (vi) and other issues of concern to members and residents.
examples of HOW HOMEOWNERS CAN EXERCISE THEIR RIGHTS under civil code 4515
- Free use of the common area – including the clubhouse – to gather to discuss common interest development living, issues of concern, and other topics above(4515(b)(4))
- Inviting public officials, candidates for public office, or representatives of homeowner organizations to speak on matters of public interest.(4515(b)(4))
- Canvassing or petitioning members for the activities above (4515(b)(4))
- Discussion on social media
- Use of online resources (i.e., a website like this one)
- Distributing information about common interest development living and related topics above (without the need for prior permission)
WHAT IF THE DISCUSSION IS CRITICAL OF THE ASSOCIATION AND ITS GOVERNANCE?
Civil Code 4515 expressly protects homeowners’ right to speak critically of the association and its governance if done during reasonable hours and in a reasonable manner.
The HOA can still enforce parking, noise, occupancy limits, damage responsibility, cleaning conditions in common areas for the event, etc.. The HOA is not required to provide access to its website or social media.
FROM CIVIL CODE 4515:
(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.