Assembly Bill 1410: New California Law To Take Effect In 2023

Homeowners associations have built quite a reputation for their strict rules and regulations. Some of these rules even restrict social media use. With Assembly Bill 1410, though, the rules are set to change.

What Is Assembly Bill 1410?

Assembly Bill 1410 makes amendments to the Davis-Stirling Common Interest Development Act, which regulates homeowners associations in the state of California. This bill effectively prevents HOAs from prohibiting members or residents from using social media to talk about issues that they are facing within the community. The bill does not limit the platform to social media, though, and encompasses all online resources except the association’s website.

According to the bill, members or residents can discuss association living, HOA elections, and legislation online. They can also express their criticisms of the association. Any covenants, conditions, or restrictions that prohibit such discussions on online platforms are unenforceable.

Homeowners associations also must not retaliate against a member or resident should they use social media to discuss association issues. The association also must not retaliate against members or residents who peacefully assemble.

Violating this law will result in civil penalties for the homeowners association.

Other Amendments

Assembly Bill 1410 also made changes to how homeowners associations work during declared emergencies. This was likely the influence of the COVID-19 pandemic.

In a declared emergency, HOAs can’t pursue any enforcement actions for violations if the emergency makes it unsafe or impossible to remedy the violation. The only exception is actions relating to the nonpayment of dues.

Additionally, HOAs can’t prohibit an owner of a separate interest from renting or leasing a part of that owner-occupied separate interest for a period of more than 30 days. This particular amendment will certainly have a huge impact on the rental restrictions of many communities.

The Governor of California passed Assembly Bill 1410 in September 2022. It is set to take effect in January 2023.