“Ron Shearer with UNC Community Management up here in the Bay is the absolute worst. He’s sending out violation notices and cease and desists because me and my neighbors are speaking out via Facebook, Nextdoor.com, and even leaving him negative reviews on Google and Yelp. The problem is, we’re clearly exercising our right to free speech and Monte Merano continues to use his services. Are there options?”
Since its enactment in 2018, Civil Code section 4515 has prohibited HOAs from disallowing owners from engaging in certain speech-related activities. Prior to AB-1410, Civil Code section 4515(b) listed out these protected activities, including peaceful assembly, inviting public officials or representatives to meet with owners, using the common area to assemble or meet, canvassing and petitioning owners, and distributing information related to common interest development issues.
AB-1410 became law January 1st and has expanded on these rights by adding a new subpart (6) to Civil Code section 4515(b), which now expressly permits members and residents of a common interest development to use social media or other online resources to discuss various issues related to the association, even if the content is critical.
Additionally, AB-1410 introduced Civil Code Section 4515(e), which prohibits associations from retaliating against a member or resident for exercising their rights under this section and includes civil penalties to be awarded to members and non-member residents whose rights have been violated by an HOA.
Overall, while this law does ensure that members can exercise their right to free speech, it does not change what language is permitted. If there are any issues regarding the violation of a right to free speech, you should immediately file a small claims lawsuit as the statute includes a complete prohibition from retaliation for the free exercise of any of the speech and assembly rights and the imposition of civil penalties might just be the only way to curb the HOA’s outrageous behavior.