By: Community Associations Institute California Legislative Action Committtee — Posted July 9, 2013

A California appellate court recently overruled a trial court decision that allowed a homeowners association board to advocate a point of view in an election to amend the association’s governing documents. Wittenberg v. Beachwalk Homeowners Association, which the court certified for publication on June 26, 2013, addressed whether the Davis-Stirling Act provisions that expressly apply to “any candidate or member advocating a point of view,” applied to the association acting through its board of directors.

The court specifically looked at two sections of the Davis-Stirling Act, which require associations to adopt rules to ensure equal access in elections. Section 1363.03(a)(1) ensures that once a member advocating for one point of view in an election receives media access (association media, newsletters, website), members advocating the counterpoint receive equal access to the media for election related matters. Additionally, Section 1363.03(a)(2) provides that all members, regardless of their point of view, must receive free access to all existing common areas for election-related matters.

During the course of three elections to amend the association’s governing documents, the board used cover letters, attachments to the ballots, newsletters, community bulletin board posts, and the association’s website to urge members to pass the proposed amendment. The board denied members opposing the amendment access to these media and denied access to the association’s common areas for opposition gatherings. The board finally passed the amendment after the third attempt.  Read More……