The Davis-Stirling Common Interest Development Act, (“Davis-Stirling”) originally enacted on September 17, 1985, was amended in 2013, and again in 2017. The Act provides the procedural and substantive laws that govern all common interest developments, include retirement communities, co-ops, community apartments, condominiums, and planned developments.
Because common interest developments are private enterprises the right to assemble(which is a constitutional right) was not in included in the act.Instead, SB407 was enacted to give this right to residents of common interest developments.
Accordingly, California Civil Code Section 4515 (CCS 4515), which became effective on January 1, 2018, gives members/residents of any property covered by the Davis-Stirling Act the right to assemble in “common areas” owned by the development. In order for a group to use any common area, building, or other gathering place in the development for anything except a social event, the member/resident must fill out a request form. The identified purposes for a “lawful assembly” at Sun City Shadow Hills include anything related to common interest development living; association elections; legislation; and elections related to a public office, initiatives, referendums, or recall actions. The group making the request to use a common area at Sun City Shadow Hills must fill out an “Application for Use of Common Area Facility for SB407/CCS ” and submit this to the HOA Office.
Social gatherings are differentiated from assembling for political purposes. For any social gathering, the HOA will add fees for the use of the property plus require damage deposits and proof of insurance coverage. Assuming that you are not a Chartered Club.
Sun City Shadow Hills has been in compliance with these new provisions since our original by-laws were instituted.Our HOA has created two new forms a Rules form and an Application Form for any group that wishes to assemble for political purposes under new provisions of Davis-Stirling. The request procedure also covers any speaking engagement by a public official; a candidate for public office; or a representative of any homeowner organization that wishes to engage with members, residents, invitees, and guests in a common area. These read-only forms are below. The forms will also be available through the community’s web site via the Room Reservation Request Form.
The new Davis-Stirling provisions give the right of assembly to any owner or renter who is lawfully occupying a property within the community. Remember, this is a new law that covers the right to assemble that is found in the U.S. Constitution. The gathering described herein cannot be to promote any unlawful purpose, to protest, or to disrupt the peace and tranquility of the properties within the development.
CHOSH offers these thoughts so that all residents can be fully informed about new laws enacted and adopted in 2018 that affect your rights.
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