Political Rallies in the Clubhouse? SB 407 is Now Law

You are here

Editors Note: California's legislative session is not yet over, and more bills may be signed by the governor. Please watch the ECHO Journal, this website, and future events for more guidance on new laws for 2018.

SB 407 is somewhat mind-boggling, both in terms of what it requires of associations and the breadth of governmental intrusion into private property principles. The full text of the law is available on California's Legislative Information website.

Public Access Must Be Allowed

As of January 1, 2018, any member or resident in a CID with a clubhouse or other common area space suitable for gatherings will be permitted to sponsor meetings and invite the public to assemble inside the development to discuss “common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes.” This can include, but is not limited to, inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members, residents, and those they invite in, to speak on matters of public interest.

HOA May Not Require Insurance Deposit

SB 407 will prohibit the association from charging for such use of the clubhouse or common area, demanding any deposit, requiring any insurance from the owner or resident inviting the public in, or require any payment of the association’s insurance premium or deductible. (The last item – the deductible – suggests that even if there is damage to the common area or other property that the association is obligated to maintain, or even if someone is injured as a result of the event, the owner or resident sponsoring the event will not have financial liability and that the association’s insurance policies – or the members, if a loss is uninsured – will have to bear the brunt.)

HOA Must Allow Door-to-Door Solicitation for Political Purposes

SB 407 further provides that owners and residents are free to go door to door soliciting their neighbors and distributing pamphlets and other material involving all of the permitted subjects.

There are provisions in SB 407 that will allow associations to require these permitted activities “during reasonable hours and in a reasonable manner.” Moreover, the gatherings must involve “peacefully assembling.” In today’s very troubled times, where political polarization is paramount, one can see serious problems in the future for associations and their management of common areas and their duties to ensure peaceful use and enjoyment to owners of their property within a CID. The insertion of “residents” – i.e., non-owners – within this broad trampling of private property rights for political goals is unprecedented.

Fines for Violations

Violations of the new law can be enforced judicially, including in small claims court, with injunctions available to aggrieved owners or residents, and civil penalties of up to $500 for each violation. Beneficially, an association can also use a claim made against it to demonstrate that its decision with respect to any particular use request was reasonable under the circumstances.

As more is considered about how this new law will apply, associations will, we believe, need to develop policies for compliance, while considering what is permitted under the requirement that assemblies be peaceful and held within reasonable parameters. There is also the potential for legal challenges to the enforceability of some portions of this new law.


Sandra Bonato, Esq. is a partner at law the firm of Berding | Weil. She is a member of the ECHO Board and the ECHO Legislative Committee. She is a frequent speaker at ECHO seminars, and articles written by her are a regular feature in ECHO's Journal.

Blog Category: 

Comments

Very interesting reading, Must be enoying for those that had to pay those fees.Great gives everyone something to look forward to. Electricians Leicester

One of the big mistakes people make is trying to force themselves to be concerned about something. You don't choose your passion, your passion selects you. Let me share geometry dash

Thank you for this great information.  Setting up local rules in good to learn from for each communtiy to learn and grow together, thank you.

We do <a href="https://www.amazon.com/Attractive-Life-Natural-Non-GMO-Luxuriously/dp/B0727RCSJQ">Dead Sea Salt Scrub</a> for everyone

 

We do <a href="www.conwaygoodboyspainters.com">Conway Professional Painters</a> for everyone

There are so many online International Relations Research Paper services to choose from for those stuck with their international relations essay writing services and international relations term papers. 

 

<a href="//www.plymouthfences.com">fence installation plymouth ma</a>

This is the best informative post and I am glad to see this kind of brilliant informative post. VMware Promotional Codes

Thank you for the excellent write-up.

<a href="https://www.phldrywallcontracting.com">drywall company philadelphia pa</a>

Yeah i agree, SB 407 is somewhat difficult to understand, also I don't know much about political issues. But thank you for writing this and it does help others to know more about this law.
click here

Zionsville Concrete Leveling & Mudjacking  is Indiana's best concrete leveling company. We offer mudjacking, poly leveling, foam leveling, and concrete lifting and raising services. Commercial and residential. Driveways, patios, walkways, foundations, garage floors, and more. 

Milwaukee Divorce Attorney Odalo Ohiku, is Milwaukee's top-rated divorce lawyer. Call or visit their website for help with your divorce, child custody, family separation or other legal matter. 

I totally agree! Thanks for supporting people!

Drywall Repair

This post is really amazing! I will surely tell this to other people that they must visit this site. Well, let me introduce you our website Pool Service Northridge. We offer a comprehensive range of commercial and Residential pool services to our clients. Our Northridge technicians specialize in acid washing, tile cleaning, calcium removal, scheduled maintenance, specialized commercial pool cleaning and much more. Whether you require a one-off pool service, routine maintenance or any other work performed on your pool, give us a call and we can come out to give you a quote. We also handle equipment installation and repairs, structural pool repairs, pool upgrades as well as spa maintenance!

 

Half-Life 2 and Deus Ex: Human Revolution are the most popular games of the science fiction genre. Now you can have deposit 10 get 60 slots online. Both of these games are following an action-based role-playing that is completely full of several engaging details as well as characters.

Stamped Concrete Milwaukee is the best concrete contractor around. 

Thank you for taking the time to publish this information very useful! buy diazepam 2mg with bitcoin

All the information in this post is awesome and very interesting, and I am glad to see this kind of brilliant post. SEO Company in New Zealand 

Yeah i agree, SB 407 is somewhat difficult to understand, also I don't know much about political issues. But thank you for writing this and it does help others to know more about this law.
If you ever come to LA, stop by auto shop los Angeles and pool cleaning service la 

E-commerce research paper writers are hard to come across for those in need of E-commerce Essay Writing Services and trade and e-commerce writing services.  

 

This really is mind boggling...

My buddies at https://www.corpuschristigaragedoor.net/ really cant believe it!

Yes, it is a little bit difficult to understand. Hope it doesnt affect too much! 

https://www.corpuschristigaragedoorpros.com/

Thanks for sharing! If you are ever in the Iowa City area, please visit us for decking services.

Thank you for taking the time to publish this information very useful!Forex No Deposit Bonus

It is a great article. You will surely like this also because it is a great stuff
turbo vpn apkxyz

Wow! Such an amazing and helpful post this is. I really really love it. It's so good and so awesome. I am just amazed. I hope that you continue to do your work like this in the future also Cap Logo Embroidery Digitizer

To every day become love life happy wheels  super smash flash 2

Thank you again for all the knowledge you distribute,Good post. I was very interested in the article, it's quite inspiring I should admit. I like visiting you site since I always come across interesting articles like this one.Great Job, I greatly appreciate that.Do Keep sharing! Regards,
click here

This is my first time i visit here. I found so many interesting stuff in your blog especially its discussion. From the tons of comments on your articles, I guess I am not the only one having all the enjoyment here keep up the good work forvetbet

Thanks for sharing this information.... body massage service in kailash colony body massage spa in kailash colony body on body massage in kailash colony spa in kailash colony body massage in kailash colony body message in kailash colony full body massage center in kailash colony b2b massage in kailash colony full body to body massage parlour in kailash colony sensual massage in kailash colony massage service in kailash colony erotic massage in kailash colony b 2 b massage in kailash colony massage parlour in kailash colony female to male full body massage center in kailash colony female to male body to body massage in kailash colony body massage parlour in nehru place happy ending massage in greater kailash female to male body massage in lajpat nagar female to male body massage in lajpat nagar body to body massage parlour in kailash colony spa center in kailash colony female to male full body to body massage in kailash colony body massage center in kailash colony body 2 body massage in kailash colony nuru massage in kailash colony female to male full body massage in kailash colony best spa in kailash colony body massage parlor in kailash colony female to male massage in kailash colony body spa in kailash colony spa service in kailash colony massage center in kailash colony female 2 male body massage in kailash colony full body massage in kailash colony body with body massage in kailash colony full body massage parlour in kailash colony massage centre in kailash colony b2b spa service in kailash colony massage spa in kailash colony body to body massage in kailash colony body to body spa in kailash colony full body massage centre in kailash colony body massage centre in kailash colony massage in kailash colony b2b massage service in kailash colony full body to body massage in kailash colony full body massage service in kailash colony body to body massage centre in kailash colony sandwich massage in kailash colony full body massage price in kailash colony b2b spa in kailash colony

Berbagai pengalaman bisa anda dapatkan dengan bermain judi online uang asli SBOBET terpercaya di Indonesia. Dengan berbagai fasilitas pelayanan yang terlengkap disediakan sebagai agen resmi, juga memiliki berbagai macam permanian taruan menarik disediakan dengan lengkap untuk para bettor

I look for you who fell asleep in the stopped time
No matter how much you block it, it's finally your side
After a long and long journey, now go back
The way back home.  All of your choice    friv
 

I'm glad for finding this post. I've learned a lot.

_<a href="https://tacomalandscapings.com/">Tacoma Landscape Companies</a>

Thanks for the article information of the author, it was very helpful to me. Allow me to post it on my blog, okay? novel online

Great article. I will recommend my friends to have a look. Thanks for sharing your thoughts. Address Information Portal, Daftar Alamat Indonesia, Jasa Desain Logo

This is a great article that I will surely reference later on. Thanks for posting!

https://www.mobileautodetailoahu.com/

We do <a href="https://www.hspainters.com">Interior Painting</a> for everyone!

 

We do <a href="http://www.shopcbdglobal.com">Hempworx 750mg</a> for lots of people. 

 

We do <a href="https://www.pressurewashersofhotsprings.com">Pressure Washing</a> as well, if you need any other the services for the local area!

I really appreciate this wonderful post that you have provided for us. I assure this would be beneficial for most of the people.
Packers and movers in Mohali
Movers and packers in Mohali
Packers and movers in Zirakpur
Movers and packers in Zirakpur

I wanted to thank you for this excellent read!! I definitely loved every little bit of it. I have you bookmarked your site to check out the new stuff you post.Dog walkers in Encinitas

This is a great article, I spent alot of time going over designs with HOA's when we have to come in to build wardrobe closets

Thanks for the local info. We do help with small communties if you need <a href="https://www.hotspringsconcrete.com">Driveway Installation</a> for anyone. We can help.

We also do <a href="https://www.hotspringsroofers.com/">Roofing Hot Springs</a> as well for anyone in your area. 

We do <a href="https://www.lawncareofhotsprings.com/">Lawncare Hot Springs</a> If you need those services for your community. 

This is such a great resource that you are providing and you give it away for free. I love seeing blog that understand the value of providing a quality resource for free.KIU COVID-19 Research

It is important to seek psychology research paper help services and psychology case study writing services since students find help when they visit Psychology Assignment Writing Services.

 

Wow, What a Excellent post. I really found this to much informatics. It is what i was searching for.I would like to suggest you that please keep sharing such type of info.Thanks intense orgasm

At Defense Attorneys Seattle, LLC we are at a mission to remove the cloud of mystery that surrounds the law by cutting out the barrier by secure communication.

This is a difficult topic for many HOA's. We do marketing for a couple HOA's and have heard several complaints. Allowing the public to utilize a clubhouse is in oposition with the core reason many people choose to pay an HOA fee. "SB 407 is somewhat mind-boggling", from our experience doing Digital Marketing In Boca Raton, FL The land of HOA's this is absolutely true.

Pages