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LindaK5 (California)
Posts: 242
Posted:
I'm familiar with the recent legislation on this topic (ie. allowing residents to use part of the common interest development for Association campaigns, elections, legislation, as well as election to public office, etc.

It seems pretty straight forward, although I'm not seeing if this use can be extended to the public? Wording states "residents and their invitees or guests". Can a resident put an ad in the local newspaper and allow the general public to attend? When doing this, would it be considered the resident's "invitees or guests"?

My biggest concern with this is that allowing residents to do this is one thing, but apparently, the bill prohibits residents to obtain liability insurance for such an event.

Your thoughts on this?
SheliaH (Indiana)
Posts: 6,964
Posted:
On that last part, are you sure the bill doesn't say something like "the bill will prohibit HOAs from requiring residents to obtain liability insurance for such events?"

If this is a bill, that means HOAs and everyone else may have time to weigh in on this and then it can be tweaked before going up the food chain. Or it may just die in committee (either voted down or doesn't come to a vote at all). If it looks like this is going somewhere, you may want to sent a letter to all the committee members and express your concern. Better yet, attend a meeting where the bill is being discussed and speak your piece there (check the legislature website to see if/when it'll be heard and what you need to do to address the committee)

For what it's worth, the HOA common area is intended for residents' use only, as you've noted. It's one thing to hold a birthday party, in, say, a clubhouse, but since these areas aren't gigantic to start with, it doesn't make sense to me to hold something where every damn body could show up for a meet and greet with an elected official or candidate. Fire Marshall rules alone might rule that out. Otherwise, I agree with you - if you want to invite the entire town to something at your clubhouse, you should get some sort of event or liability insurance because you never if something will pop off. Especially when you consider how volatile people can be these days....

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
I'm a little familiar with this too, Linda. Take a look at davis-stirling.com for their most recent newsletter or past two Newletters where these CA HOA attorneys discuss this topic. I just didn't pay close attention.

My limited understanding is that a resident can invite someone who's running for office to our common area (lounge that seats 40-50 in our case) and the HOA cannot charge the resident the usual room use fee OR a cleaning/damage deposit! I do assume we could prohibit alcohol (which might help reduce clean-up).

But must we permit this resident to instruct our custodians to set- up this room (taking them away form their normal duties)? Can this resident order our building engineer to set up a speaker system --taking him away form his ordinary duties??

Can this resident invite members of the general public? Hadn't thought about that. I intend to look more closely at this legislation (eff. 1/18) as other parts are disturbing too. Apparently, for instance, public office candidates can distribute leaflets under the doors of our high rise condo units. Our rules prohibit this even for HOA candidates. So Resident A invites public candidate B to send over a staffer to leaflet under our doors in our gated community? Or candidate B is acquainted with Res. A and offers him $200 to leaflet under our (200+) condo doors?? Apparently so, but I'm not sure yet. Maybe Richard will know.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
While I may have an opinion/belief as it is CA, I will gracefully back out.

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