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: 


This is a great thing, I think everyone feels this information is very valuable, thank you basketball legends

Awesome article which ia full of information. <"https://indiatweets.in">vizag

I agree, that is so true. Nice content anyways. AbsolutelyElite

towing company 
thank you for letting me post my towing company website here! 
I really love how everyone is so supportive on this website ")

This was really an interesting topic and I kinda agree with what you have mentioned here! GPWLaw MI

This particular papers fabulous, and My spouse and i enjoy each of the perform that you have placed into this. I’m sure that you will be making a really useful place. I has been additionally pleased. Good perform!

Goldberg, Persky & White P.C.


Wow, I love your post today! This in just the perfect time. Thanks a bunch! O'Leary's Tree Services Tallahassee

Cool. can I share this post to my blog? I'd appreciate it. Cheers! tree service


Thanks for the information on this. I really enjoy the write up... Saints Tree Service Cleveland

enjoyed reading your articles. This is truly a great read for me. Reading Tree Service

Great article, thank you.

Cool. can I share this post to my blog? I'd appreciate it. Cheers! Learn more

Fantastic precise info and this is one of the most nice blogs Ive read in a very long time... Click here


Cool I love this article .it's standardized, clear and concise ,that inever heard about it before . tree removal service

Thats agood sharing, I would love to subscribe your Blog but I can't see any tab to subscribe your blog. Grace Tree Service Spokane

Always thankful for you sharing! Articles are always very interesting reads and will continue to look for more reads from you! 


Cool. can I share this post to my blog? I'd appreciate it. Cheers! Syracuse Foundation Repair

This is utterly surprising; why aren't we paying more attention to this thing? Des Moines Handyman

Sounds interesting enough; maybe I'll watch out for this. Syracuse Basement Waterproofing

I simply stumbled upon your blog and desired to say that I possess really enjoyed browsing your current posts... concrete contractor

I definitely enjoyed every bit of it and I have you bookmarked your blog to check out the new stuff you post in the future... movers

This blog is very nice.I really like such a fantastic written blog.I will keep coming here again and again. Grace Movers Providence

I am not much into reading, but somehow I got to read nice information on your site. Simple to understand and helpful. Roanoke Moving

Very informative article. Pretty sure people would love to go to that place for shopping... Lake Charles Tree Service

I am new to this blogging world and I spent almost an hour on this site reading some top quality blogs. tree service

Thanks for sharing this quality information with us. I really enjoyed reading. Will surely going to share this URL with my friends. Take tiime to visit my page too just click here

Thanks for sharing this quality information with us. I really enjoyed reading. Will surely going to share this URL with my friends.
Peter from sactownconcrete.com

Thanks for this marvelous info. affordable tree removal

I had just wished I could be there. But my car broke down and I used Chandler towing to get my car towed in Chandler, AZ.

Thanks for the updated law violation details. Click here

Great news. Finally. Please take out some to visit Tempe towing service and enjoy emergency towing services today.

Great to know that public access must be allowed. Also see Tempe DUI classes for more information.

Find new and old houses in Gilbert, Arizona. Visit Gilbert AZ Realtor right now

Exciting Chandler tree service discounts with 24/7 emergency services.

Get top quality Ahwatukee tree service today.

You are adviced to get appliance repair E&J Appliance for best repairing on all electronics.