Home Association Operations

Welcome to the Wild Wild West: Community Associations and Social Media

Rhonda R. Goldblatt, Esq.

Senior Attorney

858.527.0111
Email
Practice: Community Association Counsel

Share this article:

*Article originally published in CAI San Diego Community Insider Magazine, Spring 2025

While community association boards might view social media as a free, convenient means of disseminating information to the membership, social media use by associations can be fraught with potential stumbling blocks. Boards may in fact prefer to avoid using social media altogether given the concerns listed below. At the same time, Civil Code section 4515 limits associations’ ability to restrict individual homeowners’ use of social media to discuss association life. In that respect, associations may need to view individual homeowners’ use of social media from a live-and-let-live perspective.

Potential Concerns – Association Use of Social Media

      1. The Loose Canon: board members may lose their temper, reveal attorney-client privileged information, or otherwise inflame an already volatile dispute when posting or responding to homeowner comments on social media. Online content lives forever, even if subsequently deleted. Ill-considered board member comments can in turn attract defamation claims, sow division, and otherwise negatively affect the association.
      2. Constant Vigilance: association-run social media pages must be constantly monitored because negative, defamatory, or otherwise ill-advised content may be posted by homeowners, which the association may in turn need to regulate or delete. Homeowners may also post negative content about one another, leading to demands that the association delete such content by the targeted party, putting the association in a tough position. Homeowners may additionally choose to notify the association of important issues via social media rather than contacting management. The resulting need for constant monitoring can be time-consuming and expensive.
      3. Is This Covered?: association and board members’ online activities on social media may not be covered by association insurance policies. If an association is sued in connection with online activity, and the claim is not covered, any resulting liability could be financially devastating.

Civil Code Section 4515 and Homeowner Use of Social Media

If an association steers clear of social media, shouldn’t homeowners be required to do the same? Under the law, no. Civil Code section 4515(b) states governing documents shall not prohibit a member or resident of a common interest development from “using social media or other online resources to discuss any of the following, even if the content is critical of the association or its governance:”

      1. Development living;
      2. Association elections;
      3. Legislation;
      4. Election to public office;
      5. The initiative, referendum, or recall processes; or
      6. Any other issues of concern to members and residents.

Note that homeowners’ social media posts may be critical of the association; negativity, whether unfair or not, does not constitute grounds to regulate homeowner online activity. Further, “development living” and “any other issues of concern to members and residents” are so broad as to effectively serve as catch-all categories, allowing homeowners to freely post about most association-related topics.

So where does this leave community associations? Associations may do well to remember that one of the main purposes of common interest developments is to maintain the common areas. That is, associations serve physical needs (maintenance) in the real world, rather than playing a role online. Given that associations are also limited in regulating homeowner online activity, associations may want to steer clear of the Wild Wild West of social media entirely. Does an association really need to be on TikTok? As fun as it sounds, perhaps not.

Safeguards for Volunteer Directors

Lindsay J. Anderson, Esq.

Attorney

858.527.0111
Email
Practices: Community Association Counsel 

Share this article:

Community associations are governed by boards of directors made up of volunteers. The role of these volunteers is crucial to keeping community associations functioning, but potential volunteers are often dissuaded by their fear of potential liability. This is a misconception. California law has evolved considerably to provide a robust framework of shields for volunteer directors. This article explores the statutory protections, insurance options, and governing document provisions that together safeguard volunteer directors, ensuring they can perform their essential roles without undue personal risk.

What is a volunteer?
Corporations Code section 5239(b) defines “volunteer” as “the rendering of services without compensation.” “Compensation” is further defined as “remuneration whether by way of salary, fee, or other consideration for services rendered.” However, the Corporations Code specifically allows for the payment of per diem, mileage, or other reimbursement expenses. While it may be tempting to offer perks to get owners in the community to participate on the Board, community association Boards should be careful to avoid offering any perks that could be considered compensation. For example, assigned parking spaces could arguably be consideration for services rendered as parking spaces have a monetary value.

Statutory Protections
Public Policy
Corporations Code section 5047.5(a) addresses the services of directors and officers of nonprofit corporations as “critical to the efficient conduct and management of the public service and charitable affairs of the people of California.” This Corporations Code section also codifies as California public policy the state’s decision “to provide incentive and protection to the individuals who perform these important functions.”

Business Judgment Rule
Corporations Code section 7231 establishes the Business Judgment Rule which protects directors from personal liability when the directors perform their duties in good faith, in a manner such directors believe to be in the best interests of the corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a similar position would in similar circumstances.

Civil Code Section 5800
Civil Code section 5800 provides additional protections for volunteer directors who own no more than two (2) homes within the community. Volunteer directors and officers are not personally liable in excess of the community association’s insurance coverage so long as the community association has maintained the minimum levels of general liability and D&O insurance as required by law and the volunteer directors and officers’ actions were performed in good faith, within the scope of their duties, and were not willful, wanton, or grossly negligent.

Directors and Officers Insurance
Directors and Officers Insurance, commonly referred to as D&O insurance, protects both the community association from liability and volunteer directors and officers from personal liability for errors and omissions made by directors and officers while they were serving on the Board. All community associations are required by law to maintain minimum levels of D&O insurance.

Governing Documents
In addition to statutory protections and D&O insurance, volunteer directors may also find additional protections in their community association’s CC&Rs and/or Bylaws. Some, but not all, CC&Rs and Bylaws contain indemnity provisions that offer protections for directors and officers against their negligence and omissions. Since every community association has unique CC&Rs and Bylaws, each community association should consult with their legal representation to see whether there are protections for the volunteer directors.

Conclusion
Potential Board members should not let fear of personal liability keep them from running for the Board. So long as their Association retains the adequate amount of D&O insurance and they perform their duties in good faith, in a manner they believe to be in the best interests of the corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a similar position would in similar circumstances, California law, D&O insurance, and potentially even the governing documents will provide protections against personal liability.

Five Strategies for Better Community Association Communication

Rhonda R. Goldblatt, Esq.

Senior Attorney

858.527.0111
Email
Practice: Community Association Counsel

Share this article:

Community associations benefit from an informed, educated membership. With that in mind, please find five strategies for improving community association communication below:

1. Check Your Calendar. Community associations are required to distribute various documents from time to time, including annual budgets, policy disclosures, ballots and more. Association governing documents also typically require holding various events, such as annual membership meetings, regular board meetings, and the like. Trying to keep track of it all can be dizzying. Therefore, it is helpful to calendar relevant deadlines and events in an automated, digital system, to help ensure that member communications go out on time.

2. Preferences Matter. Civil Code section 4041 requires associations to solicit members’ preferred delivery method for receiving certain notices on an annual basis. Members have the option of receiving notices via a mailing address and/or a valid email address. Members can also provide the contact information of their legal representative. Associations must in turn deliver certain notices in accordance with members’ preferred delivery method. Members’ entitlement to select their preferred delivery method, in conjunction with different distribution requirements for different types of notices (i.e., general versus individual delivery) can make life complicated for managers. Again, automation can help, from software programs that either track member preferences or allow those preferences to be logged and changed easily, to spreadsheets that keep member information organized. Associations can also regularly remind owners of their entitlement to receive association notices via email, which many members may prefer for ease of access and may in turn reduce the association’s administrative burden.

3. Be Wary of Social Media. Associations might view social media as an easy, low effort means of distributing information to members. However, if a social media platform allows members to comment and post content, associations may in turn be forced to constantly monitor that platform for divisive or defamatory content. Therefore, one-sided association communication mechanisms like email blasts and newsletters that do not allow members to reply all, post, or comment may be preferable.

4. Prioritize Appropriately. Members frequently communicate with their associations about various concerns, from maintenance issues to complaints about neighbors. It is not uncommon for a minority of members in a community to communicate a lot, sending the association emails, making telephone calls, and speaking at board meetings. However, boards have a fiduciary obligation to act in the best interests of the entire community, not just a single member. As such, while boards should listen carefully to member concerns, boards must also triage and address member concerns according to the needs of the entire community. That may mean other pressing needs take priority.

5. Delivery is Everything. Members sometimes send angry, volatile communications to association representatives, and it can be extremely tempting to respond in kind. However, written communication can last forever, and non-privileged correspondence can easily become an exhibit in a subsequent lawsuit. Therefore, it may be wise to pause before replying and imagine a judge or jury as the audience of any given communication rather than the actual recipient. Associations must be the adult in the room, and a professional, measured tone is always best.

New Year, New HOA Resolutions!

Jon H. Epsten, Esq., CCAL

Shareholder

858.527.0111
Email
Practices: Community Association Counsel | Construction & Remediation | Construction Defect Litigation | Civil Litigation | Commercial CID

Share this article:

Kickstart the year with new goals and planning for a successful community management.

At our annual firm Legal Symposium, I was asked by a board member “what they could do differently in 2025 to make their life as a board member just a little easier?” So, I decided to place the answer to her question in the form of New Year’s resolutions. Get started early in the year with these Resolutions and hopefully 2025 will be a better year for both you and your association.

 

(more…)

Pickleball and Associations

Joseph A. Sammartino, Esq.

Shareholder

858.527.0111
Email
Practices: Community Association Counsel | Construction Defect Litigation | Civil Litigation | Appellate Litigation

Share this article:

Pickleball is one of the fastest growing sports in the United States. It offers a plethora of benefits and adds significant value to associations, in the ways described in this article. By introducing pickleball, associations can enhance the quality of life for their residents, foster community spirit, and boost property values. The sport’s accessibility, social benefits, and health advantages make it an ideal addition to any residential community.

First and foremost, pickleball is highly accessible and inclusive. It combines elements of tennis, badminton, and ping-pong, and it is played on a smaller court with a lower net, making it less physically demanding than other racket sports. This accessibility allows individuals of all ages and fitness levels to participate, from children to seniors. The ease of learning the game ensures that new players can quickly pick up the basics and start enjoying themselves, which encourages widespread participation within the community. Additionally, the relatively low cost of equipment—primarily a paddle and a few balls—makes it an affordable option for all residents.

The social benefits of pickleball are substantial. The sport naturally lends itself to doubles play, promoting teamwork and interaction among players. By providing a shared interest and a gathering place, pickleball courts can help break down social barriers and foster new friendships among neighbors. Regularly scheduled games or tournaments can create a sense of tradition and camaraderie within the community, enhancing the overall social fabric. These interactions are particularly valuable in an association setting, where fostering a strong sense of community can lead to a more harmonious living environment.

Health benefits are another significant advantage of incorporating pickleball into a community. The game provides a full-body workout, improving cardiovascular health, coordination, balance, and agility. Regular physical activity is crucial for maintaining a healthy lifestyle, and pickleball offers an enjoyable way to achieve this. For older adults, in particular, the sport provides a low-impact exercise option that can help improve mobility and reduce the risk of chronic diseases. The social nature of the game also contributes to mental well-being, reducing stress and promoting a positive outlook.

From an economic perspective, the installation of pickleball courts can enhance property values within the community. Prospective homeowners often look for amenities that support an active and engaging lifestyle, and the presence of pickleball courts can be a significant selling point. Well-maintained recreational facilities reflect positively on the community, suggesting that the association is invested in providing a high quality of life for its residents. This perception can make properties more attractive to potential buyers, thereby increasing demand and property values.

Furthermore, pickleball can serve as a versatile amenity in community event planning. Association boards can organize clinics, leagues, and tournaments, providing structured opportunities for residents to engage with the sport. These events can attract participation from various demographic groups within the community, promoting inclusivity and ensuring that everyone feels welcome to join in the fun.

 

The Arguments Against Pickleball

On the other hand, while pickleball has gained popularity for its accessibility and social benefits, there are reasons some people argue it should be banned from community associations, primarily due to noise and other nuisance related complaints. Some of those reasons may be compelling.

The primary issue with pickleball in communities is the noise generated during play. The distinct “pop” sound of the ball hitting the paddle can be surprisingly loud and persistent to some residents. Given that pickleball games often last 60-90 minutes and are usually played as doubles, the noise can become a disruption to some. Residents living near pickleball courts often report disturbances, especially when games are played early in the morning or late into the evening. It is reasonable to argue that such noise disturbances may lead to stress, interrupted sleep, and a general decline in the quality of life for nearby residents.

Additionally, the noise nuisance can exacerbate tensions within a community. Disputes over pickleball noise can lead to conflicts between resident players and non-players, fostering division rather than unity. The very presence of pickleball courts can become a contentious issue at association meetings, consuming valuable time and resources that could be better spent addressing other community concerns.

Moreover, the nuisance extends beyond noise. Increased traffic and parking congestion around pickleball courts can disrupt the normal flow of the community. The solution to all of these problems is thoughtful rule-making with lots of input from the community. Enacting reasonable, concise operating rules, including putting in place limits on hours of play, types of paddles allowed to be used, and guest use of courts can significantly (and at no cost to the association) eliminate most potential issues or concerns.

 

Conclusion

In conclusion, the incorporation of pickleball by an association into a community offers numerous benefits that enhance the overall living experience for residents. Its accessibility and affordability make it an inclusive sport suitable for all ages, while its social and health benefits contribute to a stronger, healthier community. Economically, the presence of pickleball courts can boost property values and attract prospective homeowners. By fostering community spirit and providing a versatile recreational amenity, pickleball may prove to be a valuable addition to a community, promoting a vibrant, active, and cohesive living environment. While some boards may be tempted to ban pickleball outright, all of the benefits discussed above may certainly outweigh the potential for complaints regarding the noise nuisances pickleball allegedly creates.

The decision about whether or not to permit pickleball is not a one size fits all solution and should be considered by each board on a community-by-community basis. To avoid as many issues and complaints as possible, and rather than banning pickleball completely, boards should perform a reasonable inquiry into the benefits and possible detriments of adding pickleball to their communities. To perform such an inquiry, a board should consult with its management team, legal counsel, and other relevant experts to determine whether permitting pickleball is within the best interest of the association. If the board determines that pickleball is a worthwhile investment for their association, the association should follow an open, input-driven rule-making process to help ensure that pickleball play remains in harmony with the community. If the board decides that pickleball should not be allowed in the community, the board should work closely with legal counsel on the implementation of its ban.

Virtual Board and Member Meetings

Jillian M. Wright, Esq.

Senior Attorney

858.527.0111
Email
Practice: Community Association Counsel

Share this article:

Good news for directors and managers who hold virtual meetings but hate the hassles that come with hybrid meetings: you can legally hold solely virtual meetings! Read on for details. Associations have been using virtual video communications platforms like Zoom, GoTo Meetings, and Microsoft Teams for the last few years to hold board and member meetings. This was borne out of necessity as a result of the stay away orders of the COVID-19 pandemic. Boards continued to hold virtual meetings after the pandemic finding them convenient and efficient; more people – members, board directors, management, and vendors – are able to attend board meetings and at a lesser cost to the associations. However, until recently, unless there was a local, state, or federal state of emergency, Civil Code required that an association still provide a physical location for the board meeting to allow members or board directors to physically attend the meeting if they desired to do so (Civil Code section 4090(b)). This led to hybrid meetings where boards held meetings both virtually and at a physical location. While convenient for some, it complicated matters for others as it required enhanced audio visual equipment to allow those attending virtually to hear the members attending in person and increased costs for management’s presence in person or venue rentals. Now, as of January 1, 2024, Civil Code section 4926 allows boards to hold board meetings (and members to hold member meetings) solely by “teleconference”, without a physical location, provided a few conditions are met. Namely, associations planning to hold solely virtual meetings must give specific notifications to members; ensure director votes are cast clearly by roll call vote; allow members to attend by telephone; and protect members’ and directors’ statutory rights to participate. Notification Requirements Associations holding solely virtual meetings must provide notices of the meeting (given in accordance with Civil Code section 4920) which include:
    1. Clear technical instructions on how to participate by teleconference;
    2. The telephone number and e-mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting; and
    3. A reminder that a member may request individual delivery of meeting notices, with instructions how to do so.
Board Roll Call Vote To ensure the record is clear, Civil Code section 4926 requires that any vote of directors be conducted by roll call vote (Civ. Code section 4926(a)(3)). This means each director’s name should be stated either by the directors themselves or by the president or manager before they vote for, against, or abstain on a motion. Since the directors are required to vote using a roll call, each director’s vote should be noted in the minutes rather than just stating that a motion passed or failed. Member Participation Directors and members need to be given the chance to participate as they would at any meeting held in person (Civ. Code section 4926(a)(2)). This means that members need to be given the chance and capability to speak during the open homeowner forum. All present at the meeting – directors and members alike – need to be able to hear and be heard. However, we note that the board may opt to mute members during those portions of the meeting where the board is conducting board business and members are not permitted to interject. Attendance by Telephone Associations need to give members and directors the option to attend a board meeting by telephone (Civ. Code section 4926(a)(4)). This is usually already offered through the more common virtual meeting platforms. Associations should consider including instructions for muting and unmuting oneself while on telephone in the notice of the meeting. Managers may also want to make an announcement at the beginning of the meeting as to when it is appropriate to unmute oneself and how to do so to avoid those less technologically savvy members from complaining that they are not able to address the board during open homeowner forum. Exception Civil Code section 4926(b) clarifies that while some member meetings may be held solely virtually, those meetings at which ballots are counted and tabulated pursuant to Section 5120 may not be held exclusively by teleconference. Conclusion Holding meetings virtually has its advantages, but associations need to make sure they are conducting such meetings in accordance with the law to avoid members’ challenging the validity of actions taken at such meetings. If you have any questions about the requirements discussed in this article or in the Open Meetings Act generally, we recommend you consult with your legal counsel directly.  

What’s on your Agenda?

Over the last several months, several questions concerning agendas have resurfaced. For ease of reading, I have listed some of these questions below with a shortened version of my responses.

Please be on the lookout for practice tips on preparing agendas in future publications.

 

Question:

Why do we need an agenda?

 

 

If the Board intends to discuss a matter at a board meeting, the topic must be on the agenda. No worries. A procedure exists for adding certain items to the agenda (discussed below)

 

 

Question:

How much topic detail is necessary on the Open Meeting agenda?

 

 

The purpose of the agenda is to place attendees on notice as to what is going to be discussed during the meeting. It is beneficial to have a well-thought-out agenda. Boilerplate agendas are discouraged. Look at your agenda objectively from an uninformed owner’s perspective. If you read your agenda, you would know what the Board discussed at the meeting. Think of the agenda as a legal document that can be used as a tool to defend the Association. An agenda is also a tool to reference historical matters, such as when the Board approved or considered an item.

 

 

Question:

Should the Executive Session Agenda have the exact details as the Open Meeting Agenda?

 

 

The Board needs to have a clear understanding of what can be discussed in Executive Session (ref. Civil Code section 4935). The Executive Session agenda should tie into what is allowed to be addressed in the Executive Session (e.g., legal matters, personnel matters, member discipline, assessment payment plans, etc.) The Executive Session agenda will have less detail than other meeting agendas, as the items to be discussed may be deemed privileged. For example, if the Executive Session discussion covers collection matters, the owner’s name should be omitted. Similarly, discussions of ongoing or anticipated litigation should be noted in the agenda in general terms. It is a good practice to briefly consult with legal counsel if you have any questions on the description of items to be placed on the Executive Session agenda.

 

 

Question:

Who should prepare the agenda?

 

 

Oddly enough, the law contains little guidance in this matter. While “the board” is ultimately responsible for deciding what goes on the agenda, the law does not state that any particular director or officer may determine what goes on the agenda. Unless there are rational and substantive reasons for rejecting a request from a director to add an item to the agenda, a requested agenda item should be included. Note that the Board determines what to include on the agenda, and there is no procedure for owners to dictate to the Board the agenda for board meetings. In smaller communities, the agenda is typically prepared by the association manager. In larger communities, the agenda is generally prepared by the General Manager in conjunction with a designated board member. In either event, we suggest that a board member (typically the Board Secretary) be appointed to work with the association manager on agenda topics.

 

 

Question:

What do we do if an owner raises a topic outside the agenda at an Open Board Meeting?

 

 

The law allows the Board, among other things, to briefly respond to statements or questions posed by a person speaking at a meeting, ask a question for clarification, make brief announcements, and make a brief report on the Board’s activities. However, unless the item falls into one of the categories listed below, it cannot be added to the agenda for that board meeting.

 

 

Question:

Can we add items to the agenda after it has been published to the Owners?

 

Yes, under certain circumstances (Civil Code section 4930(d)(1)(2)(3)] such as an emergency, where immediate action is needed or where the item appeared on the agenda 30 calendar days before the action is taken and at a prior meeting the item was continued. A board motion and vote must be taken to add the item under the conditions mentioned above to the agenda, and we recommend the minutes of that meeting reflect the motion to add the item and the particular statutory provision that would allow the addition of the item.

 

If you have any questions, please contact a member of our Community Associations legal team.

photo of one hundred dollar bills

It’s Budget Time!

David A. Kline, Esq.

Senior Attorney

858.527.0111
Email
Practices: Community Association Counsel | Fair Housing

Share this article:

Civil Code sections 5300 and 5310 require common interest developments to distribute their annual budget reports and annual policy statements 30 to 90 days before the end of their fiscal year.  For most community associations, that deadline is fast approaching.

So, let’s take this opportunity to consider some of the issues that community managers and boards of directors sometimes overlook when racing to complete their annual disclosures.

Start Early

To begin, in an ideal world, we would not race to complete the annual disclosures.  It’s a good idea for management to provide the board with a draft budget for its consideration well in advance of the deadline.  It’s particularly important for directors to review that draft budget in advance of the open board meeting where the budget will be discussed.  That way, they will be prepared to approve the budget or propose amendments to the draft budget at the meeting.  The budget meeting should be scheduled sufficiently in advance of the deadline so that the board can adjourn the meeting if necessary to resolve any issues that may arise during the budget meeting or in case the meeting needs to be adjourned for lack of quorum.

Don’t Forget Balcony Inspections

Civil Code section 5551 requires condominium communities to complete their first visual inspection of exterior elevated elements by January 1, 2025.  That means, if your condominium community has not already completed this task, it must budget for it in this next fiscal year.  Also, the law requires the report prepared by the architect or structural engineer to be incorporated into the association’s reserve study, which should be completed before the budget meeting so that the board can properly budget for reserve contributions.

Make Sure Your Disclosures Are Well-Reasoned

It’s also important for community managers and boards of directors to carefully review the disclosures required by Civil Code sections 5300(b)(3) through (6).  Generally, the law requires an association to share its reserve funding plan, and statements as to whether the board has determined to defer maintenance, whether it anticipates any special assessments, and a description of the mechanisms by which the board plans to fund reserves.  Occasionally, we find annual budget reports that proudly report no increase in regular assessments, but disclose severely underfunded reserves, no intention to defer maintenance, no plan for future special assessments, and no realistic explanation as to how future maintenance needs will be addressed.  Of course, boards of directors have an obligation to levy regular and special assessments sufficient for their association to perform its obligations under the governing documents and Davis-Stirling Act.  (See Civil Code section 5600(a).)  It’s important for the annual budget report to provide evidence to the members that the board has complied with that obligation and explain the board’s reasoning.

Insurance Premiums Are Skyrocketing

Finally, it’s generally a good idea to plan for small budget increases every year due to inflation and increases in the cost of living.  This year though, as you may have heard, many associations are facing significant increases in their insurance premiums.  In some cases, insurance premiums have skyrocketed to multiple times an association’s previous premiums.  We recommend reaching out to your association’s insurance broker at budget time to discuss anticipated increases in premiums.  It’s better to find out the bad news now, so you can plan ahead, rather than wait until the policy is set to renew later in the fiscal year.

Conclusion

If you need help preparing your annual disclosures, contact your association’s legal counsel for assistance.  But, do so well in advance of your deadline so that the board has sufficient time to address any issues that may arise.  As they say, the early bird catches the worm!  Following these recommendations will help avoid a mad scramble at the end of the fiscal year, and help set up your association for a productive new year.

 

Codes of Conduct for Association Volunteers

Emily A. Long, Esq.

Senior Attorney

858.527.0111
Email
Practices: Community Association Counsel | Civil Litigation

Share this article:

Generally, board members of common interest developments are volunteers dedicating their time, skills and energy to serve the communities within which they live. Indeed, without these director volunteers, community associations would be unable to properly function. Similarly, committee members are volunteers who work on specific projects within a community. Often, committee work is a valuable first experience which can entice a member to become more involved and to eventually run for the board. However, there is a steep learning curve upon entering the world of association governance.

In order to help board and committee members understand the association’s expectations for service, codes of conduct can be particularly helpful.  Not only do codes of conduct codify association expectations, they can also serve to educate board and committee members and help minimize association liability.  Boards might therefore consider adopting codes of conduct that cover the following topics, among others:

        • Prohibiting the acceptance of any gift, gratuity, favor, entertainment, loan, or any other item of monetary value by a board or committee member from a person who is seeking to obtain a contractual or other business or financial relationship with the association.
        • Clarifying that board and committee members may not engage in any writing, publishing, or speech that defames any other member of the board, committee, employee, or resident of the community.
        • Establishing that board and committee members may not knowingly misrepresent facts to the residents for the sole purpose of advancing a personal cause or influencing the residents.
        • Prohibiting board members from discussing sensitive and confidential matters discussed in executive session, outside of executive session, or with anyone who is not on the board (with the exception of management and association counsel).
        • Prohibiting board or committee members from seeking to have a contract implemented that has not been duly approved by the board.
        • Prohibiting board or committee member interference with an association contractor performing work.
        • Clarifying that board and committee members may not harass, threaten, or attempt through any means to control, instill fear or discriminate against any member of the Association, management company, service provider, or community resident.
        • Preventing interference by board and committee members with the system of management established by the board as a whole and the management company.
        • Reminding board members that they must operate as a board and do not have any individual authority unless it is specifically granted to them in writing by the board or the Association’s governing documents.

Often, codes of conduct may be adopted as rules of procedure by way of approval by the board at an open session meeting, rather than by following the rulemaking procedures spelled out in Civil Code section 4360. However, we encourage you to first speak with your association’s legal counsel to review your association’s governing documents and discuss your community’s particular needs prior to adopting such rules.

Enforceability of these codes of conduct is another important issue to consider when preparing draft rules. It is recommended that any code of conduct specifically list the consequences for a violation of the code of conduct.  Reasonable penalties for violation might include: public or private censure by the board, removal of an officer title, and/or removal from committee service by the board.  It is unlikely that violation of a code of conduct may result in unilateral removal of a board member by the board, but speak with your association counsel on this issue.