Governor Ends Declaration of Drought – What Changes (and What Doesn’t)

  By Kelly G. Richardson, Esq., CCAL On April 7, 2017, Governor Brown issued Executive Order B-40-17. The Order formally ends the drought emergency.  It also changes the applicability of two important laws in the Davis-Stirling Common Interest Development Act. Civil Code 4735(c) prohibited an association from fining or assessing an owner who let their yard “go brown” by not watering it, during a declared state of drought emergency.  Now that the statewide declaration is rescinded, the statewide prohibition against enforcing landscape maintenance obligations against owners who refused to water their yards also has ended.  This section still may apply if a local jurisdiction (city or county) has its own declaration of drought emergency still in place, so managers and boards would be well advised to check with their local jurisdiction for any such location declaration. Civil Code 4736 rendered unenforceable any requirement that an owner pressure wash the exterior of their home, so long as a statewide or local declaration of drought emergency is in place. Associations which require their residents to wash their exterior walls may again enforce that requirement, unless their local jurisdiction has its own declaration of drought emergency still in place. Note that not everything reverts back to how it was – For example, per Civil 4735(e), owners who have installed water efficient landscaping measures cannot be required to remove those measures, even though the drought emergency has ended.  So, for example, associations may not force residents to remove artificial turf installed during the drought emergency. Furthermore, the right to install xeriscapes (low water-using plants) or artificial turf still is in place under 4735(a)....
RO Senior Partner Matt D. Ober Presents, “Working with Challenging Personalities in Your Community”

RO Senior Partner Matt D. Ober Presents, “Working with Challenging Personalities in Your Community”

What do you do when things get out of hand during community dispute? Join Senior Partner, Matt D. Ober, as he discusses this issue and presents timely information on effectively handling conflict within your community. Register for this upcoming CAI-GLAC educational seminar, “Working with Challenging Personalities in Your Community” on April 4, 2017, at the Pasadena Senior Center. Visit www.cai-glac.org for...
Join RO Senior Partner Kelly Richardson at AAR Legal Update

Join RO Senior Partner Kelly Richardson at AAR Legal Update

Learn more about the hottest legal topics in real estate, including wire transfer fraud and fair housing updates. Join Senior Partner, Kelly Richardson, at the Arcadia Association of REALTORS® Education Committee’s “Legal Update.” The cost is free to all AAR members and just $15 for non-members. Visit www.TheAAR.com to register or for more information. Download the AAR...
Senior Partner Matt D. Ober Re-Elected to CCAL Board of Governors

Senior Partner Matt D. Ober Re-Elected to CCAL Board of Governors

Congratulations to Senior Partner, Matt D. Ober, on being re-elected to the College of Community Association Lawyers (CCAL) Board of Governors.  Established in 1993 by the CAI, the CCAL provides a forum for the exchange of information among experienced legal professionals from across the Country practicing community association law. Its goals include promoting high standards of professional and ethical responsibility, improving and advancing community association law and practice, and facilitating the development of educational materials and programming pertaining to legal issues. Read the entire press...
2017 Top Five Employment Issues

2017 Top Five Employment Issues

As we enter 2017, employers, including communities that employ a staff or management companies that staff communities, must familiarize themselves with the evolving laws and regulations that can lead to serious consequences for those who are unaware.  Read Ted Dokko‘s Focus Magazine article on the top five employment issues and how that can affect your...