Bill Text: CA AB1410 | 2021-2022 | Regular Session | Amended
Bill Title: Common interest developments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 858, Statutes of 2022. [AB1410 Detail]
Download: California-2021-AB1410-Amended.html
Amended
IN
Assembly
January 14, 2022 |
Amended
IN
Assembly
January 03, 2022 |
Amended
IN
Assembly
April 05, 2021 |
Introduced by Assembly Member Rodriguez |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law authorizes an association to restrict a member’s actions and speech while in the common development.
This bill would prohibit any restrictions on discussions critical of the association.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 4515 of the Civil Code is amended to read:4515.
(a) It is the intent of the Legislature to ensure that members and residents of common interest developments have the ability to exercise their rights under law to peacefully assemble and freely communicate with one another and with others with respect to common interest development living or for social, political, or educational purposes.SEC. 2.SEC. 3.
Section 4739 is added to the Civil Code, to read:4739.
(a) Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document, or amendments thereto, that prohibit the rental or leasing of a portion of the homeowner occupied separate interest in that common interest development to a renter, lessee, or tenant for a period ofAny covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, and any provision of a governing document, as defined in Section 4150, that restricts critical discussion about the association is void and unenforceable.
SEC. 4.
Section 5101 is added to the Civil Code, to read:5101.
(a) Any person serving as a director or employee of an association(b)Any person serving as a director of an association, and each person employed by an association, on January 1,
2024, shall complete a course on ethics and harassment prevention by March 1, 2024.
(c)On or before December 1, 2023, the Department of Real Estate shall either develop a course or certify a course offered by a third party to satisfy the requirements of this section.