House & Home: May 27, 2023

AROUND TOWN

Calling All Realtors

Tell us your news! We want the community to hear about your fundraisers, charity work, events, accolades and accomplishments. Please email cswiatek@newspress.com so we can include your good news in the “Around Town” section in the House & Home publication inserted into the Weekend edition of the Santa Barbara News-Press.

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Views expressed in the articles of House & Home are the views of the author, and do not necessarily reflect the views of the Santa Barabara News-Press.

By Kelly G. Richardson, Esq. CCAL

Four Pending Bills Would Badly Affect HOAs

(Part 2 of 2)

The Legislature is active this year regarding HOAs, and eight bills may significantly affect California associations. Last week’s column discussed four helpful bills. Unfortunately, the four bills discussedbelow have good intentionsbut may create more problems than they solve.

The worst of the four is Assembly Bill 572, authored by Assemblyperson Haney of San Francisco. AB 572 would cap assessment increases on deed-restricted affordable housing units, restricting the HOA board to a maximum of 5% increase on those units. If the HOA needed to increase assessments on all units by more than 5%, a membership vote would be required to accomplish this. This bill tries to protect affordable housing unit owners but is a terrible idea. It sets up affordable housing as a separate class of homeowners, who would pay less of their fair share of the HOA’s expenses than their neighbors. It would arguably override most CC&Rs, which usually specifically allocate the distribution of assessments among owners.

Assembly Bill 1033, authored by Assemblyperson Ting of San Francisco, proposes to make a simple but potentially troublesome amendment to Government Code Section 65852.2, the section regarding municipal approval of Accessory Dwelling Units (“ADUs”). The bill authorizes local jurisdictions to allow lot owners (including owners in planned developments) to convert their properties to miniature condominium HOAs so that both the principal residence and the ADU(s) on the property could be sold to buyers. Fortunately, the bill does not say that it would override planned development CC&Rs, because if it did override CC&Rs it would essentially allow rewriting of the subdivision map under which planned developments are created. In the scenario of a new mini-condomini-

um HOA inside a planned development, would there now be additional planned development association members? Furthermore, many (if not most) tiny HOAs ignore the Davis-Stirling Act, so creating more doesn’t help the homebuyers.

Assembly Bill 1572 is authored by Assemblyperson Friedman of Burbank. This bill proposes to create a new Water Code subsection 10608.14, which would ban all property owners (except single family homes) from using potable water on “non-functional turf” after the start of 2029. For larger HOAs, this could mean huge plumbing and landscaping expenses to water green belts or other common areas, which are deemed “nonfunctional.” It also could mean great problems and expenses for the HOA and for the municipality in areas that do not currently have reclaimed water available.

Senate Bill 403, authored by Senator Wahab of Fremont, would declare illegal discrimination based upon “caste,” defined as “an individual’s perceived position in a system of social stratification on the basis of inherited status.” In North American culture, caste is not typically recognized. This very broad definition could result in misunderstandings and misapplication within HOA neighborhoods. Is someone shunning social interaction because another came from more humble beginnings, or perhaps a more privileged upbringing? While such behavior is shallow and ignorant, should it be illegal?Taking a practice from another culture and trying to define, understand, and ban it in our North American cultureseems problematic.

The deadline for bills to pass their initial house of origin is June 2, 2023, so there is time to contact your representative and voice your opinions. Visit www. leginfo.legislature.ca.gov to read the bills and comment to the author.

HOA Damaged Me, My HOA Suspended - Must I Pay Assessments?

Kelly,

When is it legal not to pay HOA dues/fees because an HOA is not fulfilling its duties? I’ve had emergency leaks and made calls and sent emails that they never returned. I have had animal control issues that they do not attend to unless I go into the office - I have proof of emails sent.

– Thank you again, V.B.

retary of State and no change in treasurer was ever filed.  Also, the HOA has collected dues for each year since from all homeowners.  Is this legal?

Thank you for your time.

– S.H., Grass Valley.

Dear V.B.:

I am sorry your HOA is not responding to your concerns. It is possible that a homeowner could have financial claims against their HOA due to problems such as unrepaired issues. However, homeowners may not use offsetting claims against their HOA as an excuse to not pay assessments. This issue was resolved in the 1994 case of Park Place Estates v. Naber, in which Mr. Naber had some complaints about repair work completed by the HOA. He argued that his offsetting monetary claims against the HOA allowed him to withhold his assessment payments, but the appellate court said that the trial court was correct in not allowing Mr. Naber to use alleged HOA errors to justify his nonpayment of assessments.

V.B., you may or may not have legitimate claims against your HOA, but you still must pay your assessments regardless of any monetary claim you might pursue against the HOA.

Hello Kelly,

– Sincerely, Kelly

Our HOA was suspended by the Secretary of State and Franchise Tax Board.  The HOA continues to ask me for their dues, but I have been told that I do not need to pay them since they are suspended and no longer viable.  The treasurer that is asking me for the dues is not the treasurer on file with the Sec-

Dear S.H.:

Incorporated associations must file state tax returns annually with the Franchise Tax Board and at least every other year file SI-100 and SI-CID forms with the Secretary of State. Associations failing to do so will eventually find out that their corporate status has been suspended. The state refuses to recognize the existence of a corporation during the suspension. A huge consequence is that courts will not allow suspended corporations to file, maintain, or defend lawsuits, so the HOA could find its lawsuit dismissed or a default entered against it as a defendant. Another problem is that while suspended the name used by the corporation is not recognized by the state as in use, so anyone can reserve the name and use it for a different corporation. A final consequence is that if the HOA was suspended due to failure to file tax returns, Revenue and Taxation Code Section 23304.1(a) says that during the HOA’ssuspension due to not filing tax returnsany contracts with the HOA can be canceled by the other party - but cannot be canceled by the HOA.

In spite of all that, your HOA CC&Rs still require you to pay your assessments, and you should not withhold assessment payments. Don’t risk incurring liens and collection fees.

– Best, Kelly

To read the Davis-Stirling Common Interest Development Act visit www.leginfo.legislature.ca.gov.

HOME IS OUR FAVORITE DESTINATION

Style at Home:

How to Tell a Story with Trays

Kitchen trays can help tie the room together.

By Mary Carol Garrity

At its heart, good design is all about telling our stories. My favorite spaces are those that wrap me up in the world of the people who live there. The furniture and accents we select for our homes work together to give glimpses of who we are and what we hold dear.

Trays are the ultimate tools for telling your stories in your home. I view trays filled with tableaux as artwork, simple stages on which the one-act plays of our lives come alive. You will find them in just about every room of my cottage, holding things that are precious, like family heirlooms, and everyday, like our TV remote and my readers.

The other day I was working with a customer, helping her make her home a better reflection of her style and personality. On our checklist was styling the open hutch in her dining room and creating a display on her living room coffee table. She had lovely accents, but what she was missing was a good selection of trays. We fixed that!

To make her hutch less staged or fussy feeling, we used trays to help it tell a series of interesting stories. For example, we placed a tray on a shelf and filled it with bottles of after-dinner drinks and glasses. It made her hutch not only functional, but also visually appealing. I used a tray in a similar way to house tea cups in the bookcases that line my dining room walls.

Since our cottage is so small, we have to use just about every inch when we entertain. Trays are an essential when we take the party to the living room, den or outside. I like to keep trays on my end tables, ready to fill with drinks or snacks when friends drop by. To make your drinks service more appealing, poke in an accent.

Trays not only make everything that sits upon them feel special, they are also attractive workhorses, beautifully corralling all our stuff. For example, in my bathroom, I have a round silver tray on my vanity that holds a glass compote filled with my jewelry and a mug chockfull of makeup brushes. I filled in the empty spaces with little treasures that make me smile, like petite framed photos of my family. Take away the tray, and you’ve got a cluttered mess. Add the tray, and it looks like artwork.

I like to use trays in my kitchen to pull together things like Dan’s cooking utensils, vinegars and oils; the makings for my morning cup of coffee; or dishes and silverware ready to put on the table for dinner. Place one on your office desk to hold pens, paper clips and papers. In your family room, fill a tray with your remote controls, magazines and books. It’s a great place to put your reading glasses so you don’t lose them.

Trays also make fabulous artwork. In bookcases, you can tilt a tray on its side and use it as a backdrop to a display, giving the space added depth.

Trays not only make everything that sits upon them feel special, they are also attractive workhorses, beautifully corralling all our stuff.

A tray makes this shelf not only functional, but also visually appealing. Photos courtesy Mary Carol Garrity/TNS

This column was adapted from Mary Carol Garrity’s blog at www.nellhills.com. She can be reached at marycarol@nellhills.com .

©2017 Tribune Content Agency, LLC Distributed by Tribune Content Agency, LLC.

On Gardening: Silver Falls dichondra is the crème de la crème for your designs

By Norman Winter

There is nothing like a virtual visit to the falls to check the pulse rate of the gardening public — I can tell you it has reached a wonderful stage of artistic maturity.

I can imagine the puzzled look on your face right now as you start to wonder what in the world The Garden Guy is talking about. The answer is Proven Accents’ Silver Falls dichondra.

When this plant arrived on the scene, there was mostly fear, trepidation, maybe even some disdain that the green industry would be introducing a dichondra. A glance at many herbicide labels tells you it will help control or eliminate dichondra. Yikes, this must be bad news!

Silver Falls dichondra, known botanically as Dichondra argentea, is a Proven Winners Proven Accent plant and represents the crème de la crème for mixed containers, hayracks and even hanging baskets all across the country. It has become a mandatory plant for hanging gardens at the finest shopping centers.

The Garden Guy did a pulse check on the gardening public by posting an uncomfortable if not challenging photo on my Facebook page. It was a planting done by my color design guru son James. The picture featured really long trails of Silver Falls dichondra tumbling several feet out of the basket, first making you ask, is that OK? In the baskets were Heart to Heart Fast Flash caladiums.

Had I reached 75,000 gardeners view my Facebook post, I would have been elated. That the reach was right at 450,000 was an absolute shocker. Everyone began asking where they could get Silver Falls. My thoughts were that this is going to be a great garden year, as Silver Falls is the ultimate artistic plant. One extra fun thing is it won the Best Performer Award at the Cincinnati Zoo.

If growing Silver Falls in a mixed container, choose a good, light, airy potting mix with good water and nutrient holding capacity. There is no fuss, insect or disease pressures are practically nonexistent, and no pinching is required. Silver Falls even recovers quickly if wilted.

Silver Falls dichondra trails in artistic fashion from these lamppost baskets also planted with Heart to Heart, Fast Flash caladiums and Snow Princess sweet alyssum.

Photos courtesy Norman Winter/TNS

Whatever the mixed container or basket planting you are creating, finish it by adding the silver leaf, Silver Falls dichondra. Partner it with Supertunia petunias and Superbells calibrachoas. Let it intermingle and fall southward in a mix with Luscious Grape lantana. Thinking about using an exotic bromeliad in a container? Let Silver Falls be a part of the mix.

Silver Falls also offers you a wonderful opportunity to use it as a small patch of ground cover in the landscape. It forms a dense mat able to cover or choke out most weeds. Whether you are using it in containers or as a ground cover, its stark contrast in color and leaf texture are outstanding traits. Two to 4 inches high with a spread up to 4 feet-plus is a remarkable growth habit.

This looks to be an exciting year for gardeners everywhere with plant choices. One thing for certain is incorporating plants like the Proven Accents’ Silver Falls dichondra into your designs will be like adding your signature to the painting.

Norman Winter, horticulturist, garden speaker and author of “Tough-as-Nails Flowers for the South” and “Captivating Combinations: Color and Style in the Garden.” Follow him on Facebook @NormanWinterTheGardenGuy.

©2023 Tribune Content Agency, LLC

(above)

Superbells Coralina calibrachoa, Alice du Pont mandevilla and Silver Falls dichondra look ever so picturesque with the architecture of the Old Town community in North Columbus, Georgia.

(upper left)

These May baskets show Silver Falls dichondra and Luscious Grape lantana already starting to intermingle.

(lover left)

This floating border column basket has its pole of support covered by long trails of Silver Falls dichondra. Supertunia petunias, Superbells calibrachoas and Sunstar pentas make colorful partners.

Santa Barbara County Sales

This is a partial list of all recorded residential sales in Santa Barbara County from May 15 thru May 19, 2023. While these recordings are public record, the News-Press receives this information from an outside source. This list does not represent all sales that occurred over this time period. Consult your REALTOR® for further information regarding home sales in your area of interest.

Open Saturday & Sunday 2-4

Single Level Mid Century Circa 1962. First Time Offered, Cherished by One family for Many Years. A Private Natural Setting Surrounded by Verdant Gardens. This Special Home Offers the Ideal Floor Plan Offering a Spacious Primary Suite that Opens to a Maui Style Sunroom. Upon Entering the Home, You Look Right Through to Lovely gardens. There are West & East Bedroom Wings Offering Privacy & Comfort for Occupants & Guests. Strategically Placed Windows Offer Light Filled Rooms and Blend Indoor Outdoor Living Seamlessly. The Home is Nicely Set Back off the Street with Ample Guest Parking. A Sought After Location Close to Shopping, Restaurants and All Santa Barbara has to Offer.

Continued from page 10

Santa Barbara County Sales

Saturday’s Open Homes

To view this weekend’s Open Home Guide and all other Real Estate for sale or rent go to: newspress.com – click on RESPONSES – click on OPEN HOMES

HOPE RANCH

Sunday’s Open Homes

To view this weekend’s Open Home Guide and all other Real Estate for sale or rent go to: newspress.com – click on RESPONSES – click on OPEN HOMES

We

700 Via Hierba Elegant single level private, serene Hope Ranch home with tennis-pickleball, pool, spa, new kitchen, entertainment terrace, lovely gardens.

4/2.5

12-4$5,575,000

Market Ready Properties Alden Fairbanks805-455-7416# 00952941

MESA

4413 Catlin Circle Unit B

Exquisitely updated, this charming unit offers 1,390 sqft, gray wood floors, a remodeled kitchen, enclosed patio with low HOA dues only $425.

HOPE RANCH

4/2.5

129 Palisades Drive Remodeled, separate permitted sleeping room, near beach, quiet street.

2-4$2,625,000

Coastal Properties Berni Bernstein805-705-4867# 00870443

is 5 p.m. on Wednesdays for the following Friday & Weekend publications.

If you have any questionsplease e-mail: openhomes@newspress.com

4/2.5

700 Via Hierba Elegant single level private, serene Hope Ranch home with tennis-pickleball, pool, spa, new kitchen, entertainment terrace, lovely gardens.

12-4$5,575,000

Market Ready Properties Alden Fairbanks805-455-7416# 00952941

3202 Braemar Dr New Price! Resort Living - Updated modernMediterranean home near Hendry’s Beach. Entertainer’s yard with outdoor kitchen, beach volleyball, expansive turf lawns, pool, spa!

Sun Coast Real Estate Chris Agnoli805-895-0313# 01132005

129 Palisades Drive Remodeled, close to beach, quiet street, detached sleeping quarters.

Properties Berni Bernstein805-705-4867# 00870443

MOVING?

Clear the clutter

To place your garage sale ad today

EMAIL: classad@ newspress.com

Yard Sale Tips

BEFORE YOUR SALE

Prepare to start early. Collectors and antique dealers like to show up early in the morning.

Obtain a permit if required

Clean up your space. People like clean and neat places. Gather lots of shopping bags. Gathering Items

Test any electrical items to make sure they work.

Collect your items and sort it by type. (clothing, toys, tools, etc.)

Take time to clean or repair your items.

Wash all the clothes so they smell fresh.

WHAT SELLS BEST?

Tools: Guys love it all, any kind.

Baby items of all kinds, especially clothing.

What Should You Not Sell?

Unused prescription drugs or medications.

Halogen floor lamps.

Old baby cribs or playpens, incomplete child safety seats.

ADVERTISING

Tell your friends, family or coworkers about your sale. Word travels. Place a classified ad in the Santa Barbara NEWS-PRESS!! Remember to check the publication’s deadline.

In your ad, give lots of details. Include the address, day(s), time of your sale. List major items such as “Lots of kids clothes.”

SIGNS

Check your local ordinances. List your address and sale date on all signs. Post your signs at main intersections, street corners and at the end of your driveway.

Use same colors and writing on your signs as people recognize them at a glance.

to take them down.

The consumer Protection Agency offers a complete list of dangerous items to avoid selling at yard sales. Visit www.cpec.gov

805.618.8747

246

±1.2 acres • $2,495,000 Spechler & Beck RE Group, 805.689.2717 LIC# 00552664 / 01488548

±2,343 sqft • $2,175,000

Deborah Schroder, 805.770.0419

LIC# 02187109

3290

RD,

±21 acres • $1,995,000 The Easter Team, 805.570.0403 LIC# 00917775

808 SAN YSIDRO LN, MONTECITO 6BD/6½BA • $17,950,000 The Easter Team, 805.570.0403 LIC# 00917775

811 CAMINO VIEJO RD, SB 7BD/7½BA • $10,750,000 Cristal Clarke, 805.886.9378 LIC# 00968247

231 BUTTERFLY LN, SANTA BARBARA 5BD/3BA • $5,950,000 Ann Zafiratos, 805.448.4317 LIC# 01355461

4040 MARINA DR, SANTA BARBARA 5BD/6½BA • $9,475,000 Team Scarborough, 805.331.1465 LIC# 01182792

4026 SAN MIGUELITO RD, LOMPOC 6BD/6BA ±425 acres • $5,950,000 Ramos | Warm & Associates, 805.722.7095 LIC# 02040488 / 02192518

21 VIA ALICIA, SANTA BARBARA 4BD/3½BA • $5,400,000 Andrea Cambern, 805.722.2352 LIC# 02158714

1718 GARDEN ST, SANTA BARBARA 5BD/4BA; ± .39acs

519 E PEDREGOSA ST, SB 4BD/2BA • $2,795,000 Anderson / Hurst,

2609 MONTROSE PL, SANTA BARBARA 4BD/2BA • $2,349,000 Ann Zafiratos, 805.448.4317 LIC# 01355461

NORTHRIDGE RD, SB 3BD/2½BA;

927 RANDOLPH RD, SANTA BARBARA 4BD/2BA+loft;

OPEN SUN 1-4

WILD OAK

LOMPOC 4BD/3BA;

223 HILLVIEW DR, GOLETA 4BD/2BA • $1,650,000 Cheylin Mackahan, 805.212.9344 LIC# 02104724

1128 CALLE LAGUNITAS, CARPINTERIA 4BD/3½BA • $1,695,000 Yolanda Van Wingerden, 805.570.4965 LIC# 01308141

OPEN SUN 1-3

930 COLLEGE CANYON RD, SOLVANG 3BD/3BA; ±1.55 acres • $1,545,000

Laura Drammer, 805.448.7500 LIC# 01209580

320 DOGWOOD DR, BUELLTON 4BD/3BA + GH; ±.23 acre • $1,485,000 Laura Drammer, 805.448.7500 LIC# 01209580

5308 TRACI DR, SANTA BARBARA 2BD/2BA • $960,000 Kevin Schmidtchen, 805.689.6877 LIC# 01316975

1252 CRAVENS LN#3, CARPINTERIA 3BD/2½BA • $1,149,000 Ann Zafiratos, 805.448.4317 LIC# 01355461

OPEN SUN 1-3