California 2017-2018 Regular Session Status: Enacted

SB 407 — Common interest developments: noncommercial solicitation.

Last action — Chaptered by Secretary of State. Chapter 236, Statutes of 2017.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2017. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments that are managed by homeowners' associations. The act requires an association to adopt rules that ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates and to all members advocating a point of view. The act also requires the adoption of rules that ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are related to that election, equal access is provided to all candidates and members advocating a point of view. This bill would provide that the governing documents, including bylaws and operating rules, of a residential common interest development may not prohibit a member or resident of a common interest development from engaging in certain activities, including peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes. The bill would prohibit a member or resident of a common interest development from being required to pay a fee, make a deposit, obtain liability insurance, or pay the premium or deductible on the association's insurance policy to use the association's common area for these activities. The bill would authorize a member or resident of a common interest development who is prevented by the association or its agents from engaging in any of these activities to bring a civil or small claims court action to enjoin the enforcement of a governing document that violates this bill. The bill would authorize a court to assess a civil penalty of not more than $500 per violation.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 236, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2232.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 75. Noes 0. Page 2578.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered to second reading.

  10. From committee: Do pass as amended. (Ayes 11. Noes 0.) (June 20).

  11. Referred to Com. on JUD.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 40. Noes 0. Page 1344.) Ordered to the Assembly.

  14. Published May 26 at 9 p.m.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Read third time and amended.

  18. Published May 17 at 9 p.m.

  19. Read second time and amended. Ordered to third reading.

  20. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1021.) (May 9).

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  22. Set for hearing May 9.

  23. May 2 hearing postponed by committee.

  24. Set for hearing May 2.

  25. Referred to Com. on JUD.

  26. From printer. May be acted upon on or after March 18.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Wieckowski

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 407 do?
Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments that are managed by homeowners' associations. The act requires an association to adopt rules that ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates and to all members advocating a point of view. The act also requires the adoption of rules that ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are related to that election, equal access is provided to all candidates and members advocating a point of view. This bill would provide that the governing documents, including bylaws and operating rules, of a residential common interest development may not prohibit a member or resident of a common interest development from engaging in certain activities, including peacefully assembling or meeting during reasonable hours and in a reasonable manner for purposes relating to common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes. The bill would prohibit a member or resident of a common interest development from being required to pay a fee, make a deposit, obtain liability insurance, or pay the premium or deductible on the association's insurance policy to use the association's common area for these activities. The bill would authorize a member or resident of a common interest development who is prevented by the association or its agents from engaging in any of these activities to bring a civil or small claims court action to enjoin the enforcement of a governing document that violates this bill. The bill would authorize a court to assess a civil penalty of not more than $500 per violation.
Who sponsors SB 407?
SB 407 is sponsored by Wieckowski.
What is the current status of SB 407?
This bill has been enacted into law. Introduced February 15, 2017. Enacted.
Where can I track SB 407?
Track SB 407 free on One Click Politics — get push/email alerts when it moves.

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