California property owners who are part of a homeowners association might be interested in proposed legislation that could affect their rights as part of a common interest development. The bill, written by state Senator Bob Wieckowski, would secure free speech rights to persons living in such a development, including the right to peaceful assembly, the right to free communication within the community and the right to distribute information or gather for educational, social or political reasons.
The bill prohibit homeowners associations in the state from restricting community members from sending flyers or pamphlets to other members of the community. It would also be illegal for them to prohibit individual property owners from holding meetings about social or political issues that concern them. Finally, the bill would ensure that community members are not forced to pay fees for their meetings or distribution of materials.
This bill would amend the civil code such that if a community member were not permitted by an association to freely communicate with other members through meetings or written materials, that person could get a court order to put a hold on the association's rules. Furthermore, any rules written by an association that attempt to restrict the rights that this legislation ensures would not be valid.
Homeowners sometimes have disputes with homeowners associations. Association boards may make rules that are restrictive to the members of a common interest development. When homeowners have this type of an issue, they might want to discuss the details of the problem with a lawyer in order to see what remedies might be available to them.