How to manage that risk? Adopt a social media policy that is coordinated with a Board member Code of Con- their community online, and help manage that process that the Association can control. Associations can set up closed groups on Facebook, Google Groups, and other platforms that owners (and perhaps tenants) can partici- pate in, and then a Board member can be designated as a moderator to delete abusive content, cyberbullying, and improper content deleted. The moderator needs to keep in mind, and the social media policy should specify, that content merely critical of the Association, Manage- ment, and the Board should not be deleted. As always when ghosts and goblins are afoot, be sure to engage the Association’s corporate counsel for assistance in drafting a social media policy, and in drafting (or revising) the Board Member code of conduct.
CIVIL CODE § 4515; “PEACEFUL ASSEMBLY” IN THE COMMON AREAS
forbids an Association’s governing documents from pro- hibiting the peaceful assembly of Association members, their guests, and invitees in common areas for purposes “related to common interest development living, associa- tion elections, legislation, election to public office, or the initiative, referendum, or recall processes.” An Associa- tion member can invite public officials, candidates for - tions to meet with members, residents, and their invitees or guests and speak on matters of public interest.” The Association cannot charge for the use of common areas for such meetings, require a deposit, require extra insur- ance, or require that those using common area for such a meeting to pay the Association’s insurance premium or deductible. What does this mean and what is the as- sociated risk? It means that a member wanting to hold a meeting can invite members of the public (“invitees”) to a political meeting in the Association’s common area. They do not have to provide a list of names (“invitees” could simply be “all registered voters in the county” or “anyone concerned about X political issue”).
In today’s political climate, there are obvious risks, such as a discussion among a group of non-Association mem- ber “invitees” growing heated, or a group of strangers trashing or damaging your community room. There are other, less obvious risks. Non-ADA compliant common areas could be viewed as a place of public accommoda- tion. Are there stairs to get into the community room? Are the restrooms ADA compliant? Are the door open-
8
ings wide enough? Bringing older facilities into ADA compliance can be very expensive.
And what is the
member wants to hold the political rally around the pool? On the lawn? In the parking lot?
These risks, scary though they may be (Happy Hallow- een!), can nevertheless be managed.
While conducting
such meetings and inviting members of the public can- not be prohibited, reasonable restrictions can be placed. Board should adopt policies in advance of receiving the request, again with the assistance of counsel. Policies can be adopted that political meetings can take place in the community room, but not around the swimming pool or in the workout room. They can adopt requirements that (be mindful of Fire Department limits on room occupan- cy), or that third party security (provided by an approved vendor) be hired. While the Association cannot charge for use of common areas in advance, nothing prohibits fact for damage caused during the event. Any restrictions have to be content-neutral, but real world risk manage- ment solutions can and should be adopted.
REPAIRS AND RESERVE STUDY UPDATES
of life is that older projects deteriorate and roofs, siding, balconies and other components needs to be repaired or replaced. The CID industry has dodged the biggest, scar- iest goblin from the standpoint of unfunded repair costs - cony inspection bill. However the California legislature made clear that they may introduce a new version next year and even if they don’t, aging structures still need to
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