BILL NUMBER: AB 1525	CHAPTERED  10/11/03

	CHAPTER  774
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2003
	APPROVED BY GOVERNOR  OCTOBER 10, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2003
	PASSED THE SENATE  SEPTEMBER 3, 2003
	AMENDED IN SENATE  AUGUST 29, 2003
	AMENDED IN SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  JULY 2, 2003
	AMENDED IN ASSEMBLY  MAY 23, 2003
	AMENDED IN ASSEMBLY  MAY 13, 2003

INTRODUCED BY   Assembly Members Longville and Steinberg

                        FEBRUARY 21, 2003

   An act to add Section 1353.6 to the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1525, Longville.  Common interest developments:  signs.
   Existing law, the Davis-Stirling Common Interest Development Act,
defines and regulates common interest developments.  Existing law
requires that a common interest development have a recorded
declaration, which contains, among other items, the restrictions on
the use or enjoyment of the development that are intended to be
enforced as equitable servitudes.  A common interest development may
also be regulated by other instruments, such as bylaws and operating
rules, which are collectively known as the governing documents, and
existing law prohibits restrictive covenants in governing documents
that violate specified housing discrimination laws.
   This bill would provide that the governing documents of a common
interest development may not prohibit posting or displaying of
noncommercial signs, posters, flags, or banners, as defined, on or in
an owner's separate interest, except for the protection of public
health or safety or if the posting or display would violate a local,
state, or federal law.  The bill would permit a common interest
development association to prohibit signs, posters, flags, or banners
that exceed specified sizes.  This bill would also make a statement
of legislative intent in this regard.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature in enacting this
act to provide for all of the following:
   (a) That homeowners throughout the state shall be able to engage
in constitutionally protected free speech traditionally associated
with private residential property.
   (b) That owners of a separate interest in a common interest
development shall be specifically protected from unreasonable
restrictions on this right in the governing documents.
  SEC. 2.  Section 1353.6 is added to the Civil Code, to read:
   1353.6.  (a) The governing documents, including the operating
rules, may not prohibit posting or displaying of noncommercial signs,
posters, flags, or banners on or in an owner's separate interest,
except as required for the protection of public health or safety or
if the posting or display would violate a local, state, or federal
law.
   (b) For purposes of this section, a noncommercial sign, poster,
flag, or banner may be made of paper, cardboard, cloth, plastic, or
fabric, and may be posted or displayed from the yard, window, door,
balcony, or outside wall of the separate interest, but may not be
made of lights, roofing, siding, paving materials, flora, or
balloons, or any other similar building, landscaping, or decorative
component, or include the painting of architectural surfaces.
   (c) An association may prohibit noncommercial signs and posters
that are more than 9 square feet in size and noncommercial flags or
banners that are more than 15 square feet in size.