Assembly Bill 1410 Legislative Update
By Stephen T. Brindle, Esq.
Governor Newsom signed Assembly Bill (AB) 1410 on September 30, 2022, which took effect on January 1, 2023. Adding to existing law prohibiting community associations from restricting the free speech rights of members or residents, the bill prohibits associations from:
- Prohibiting members or residents from using social media or other online resources to discuss issues of concern to them, even if the content is critical of the association or its governance
- Retaliating against members or residents for exercising their free speech rights
- Prohibiting owners from having roommates; and
- Enforcing governing document violations (except for nonpayment of assessments) during declared state or local emergencies if the nature of the emergency would make it unsafe or impossible for owners to prevent or fix the violation
CAI-CLAC successfully convinced legislators to remove some of the more onerous provisions considered for the bill, including those that would require associations to:
- Provide physical and digital evidence to owners prior to conducting violation hearings
- Require directors and employees to sign a code of conduct and complete a course on fiduciary ethics and harassment prevention; and
- Refrain from enforcing governing document violations on declared “Spare the Air” Days
CAI-CLAC has more information regarding AB 1410 on their Legislative Session Hot Bills page. Check back frequently for ongoing updates on 2023 legislative priorities. You can also say informed by following them on social media channels including Facebook, LinkedIn, Twitter and YouTube.
About Stephen Brindle, Esq.
Stephen Brindle represents and provides corporate counsel to community associations on a wide range of matters, including covenant and rule enforcement, architectural rules, disability and fair housing, common area maintenance, elections, assessments, insurance, amendment and restatement of governing documents, contract review and drafting, and board and manager education.
He also has real estate law experience regarding leasing and ground leases (retail, office, and industrial), escrow and title, boundaries and easements, and zoning.
Stephen earned his Juris Doctor degree with honors from Golden Gate University School of Law in San Francisco, and his Bachelor of Arts degree in Literature from the University of California at Santa Cruz. He has practiced law since 2010, always in the area of real estate.
Contact Stephen at [email protected].