House & Home: February 11, 2023

Welcome

HOA Homefront Reader Questions: Can we elect directors by acclamation? ......................................................4

Real Estate Q&A: Do I have to pay special assessment for project I think is a waste of money? .......................................................................4

Here’s how to choose the dishwasher and fridge that are right for your kitchen .....................................................................5

These are some of the hottest bedroom design trends of 2023 ...................6

Design Recipes: 10 tips for starting fresh ..............................................................................8

Santa Barbara County Sales ......................................................................10

On Gardening: Make it a double play for 2023, the year of the Spirea .............................12

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Can We Elect Directors by Acclamation?

By Kelly G. Richardson, Esq. CCAL

Do I have to pay special assessment for project I think is a waste of money?

By Gary M. Singer

Dear Kelly:

Our HOA has board elections coming up soon. We have two vacancies, and two candidates who have formally applied to run. My question is, why can’t we just declare them the winners by acclamation, rather than going to the expense of an election? Why is the board insisting on a formal election? Must we always do it this way? Seems ridiculous to me.

Dear J.M.:

Civil Code Section 5103 took effect in 2022, allowing a board to declare candidates elected by acclamation if the requirements of that statute are all met. However, one of the requirements is that the HOA send a personally sent notice to all members at least 60 days before nominations open, — which now makes board elections at least a 5-month-long process. Many HOAs missed the ability to pursue acclamation last year because of that new timing requirement. Hopefully, your HOA will update its election procedures and plan far enough ahead to have acclamation as an option in future years.

– Best regards, Kelly Question:

Does the following rule apply only to elections where election by acclamation is used: An initial notice at least 90 days before the deadline for submitting nominations; and a reminder notice between 7 and 30 days before the deadline for submitting nominations.

Dear L.M.:

The new Civil Code Section 5103’s most significant requirement is the requirement of two individual notices be sent to all members — one at least 90 days before nominations close (usually 60 days before the opening of nominations) and the second notice between 7

and 30 days before nominations close. If the notices don’t go out on time, the election can still proceed if all other requirements were met, but acclamation would not be an option for that HOA if the candidates did not exceed the number of open seats. HOAs may want to update their election rules to add this timeline to their procedures. As a practical matter, boards and managers should start scheduling the various election dates about six months before the election date to make sure all the deadlines are met.

– Thanks, Kelly Kelly:

In 2020 my HOA changed its election rules to permit election of directors by acclamation. I believe it was done in line with SB 323, but SB 323 says that acclamation is available only to HOAs with at least 6000 units. My HOA has nowhere near that number. Was it correct for the board to change election rules in 2020 to allow acclamation? The board elected several directors in 2021 by acclamation. Is that valid? AB 502 removed the 6000 unit requirement, but it became law only in 2022. It appears that the HOA changed its election rules (to permit acclamation) several months before election by acclamation became law of California.

– N.P.

Questions

Our condo recently passed a special assessment to make us pay for some improvements to the pool area that are a waste of money. What happens if I refuse to pay since I disagree with how the money will be used?

– Alfie

Answer:

Dear N.P.:

For several years the option of declaring directors elected by acclamation was available only to HOAs of 6,000 or more homes until the new Civil Code 5103 became law in 2022. If your HOA purported to declare candidates elected by acclamation before 2022, and your HOA did not have at least 6,000 members, the board should consult with counsel as soon as possible to determine the best way to proceed.

– Sincerely, Kelly

Community associations, including homeowners, condominium, and cooperative associations, have the power to pass “special assessments” to pay for projects outside of the regular annual budget.

These assessments must be voted on according to the law and community rules and, when properly passed, are binding on all of the owners in the neighborhood.

Like your regular maintenance dues, there are consequences to not paying the assessment, including fines and even foreclosure.

Worse still, the offending homeowner will have to repay the community for its collection costs, including administrative and legal fees and costs. These additional costs add up quickly and often surpass the unpaid assessment.

Association law is complex, and each community’s governing documents are different. If enough of your neighbors disagree with the special assessment, or you think the association did not follow the rules in passing it, you should speak with an attorney experienced in this area of law.

However, if you think it was levied correctly but disagree with the purpose, you should pay the assessment to avoid the negative and often severe consequences of non-payment.

While I understand how distasteful paying for something you disagree with can be, it adds insult to injury if you have to repay the association’s attorneys to avoid being foreclosed.

Community association living is not for everyone. Like everything else, it has positives and negatives. Homeowners lose some individual control but can band together with their neighbors to afford nice amenities and staff to take care of the community.

If paying for improvements you disagree with really bothers you, you always have the option of selling your apartment and moving to somewhere more of your liking.

Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Distributed by Tribune Content Agency, LLC

Kelly G. Richardson CCAL is a Fellow of the College of Community Association Lawyers andSenior Partner of Richardson Ober LLP,

California law firm known for community association advice.

By Hunter Boyce

Kitchen appliances come in all shapes, sizes and price points. It can make the task of choosing the right ones for your space a major challenge. How many water jets are sufficient for a dishwasher? Are side-by-side fridges better than those with French doors? The experts have the answers.

How to choose the dishwasher that is right for you

According to The Spruce, dishwasher prices are primarily dictated by their capacities and special features. Other things to consider are if the dishwasher is made of plastic or stainless steel and the quality of the dishwasher’s finish.

To quantify the performance of the dishwasher, find out how many washing levels it has and where the water jets are distributed for the wash cycle. But the first thing to consider before purchasing a dishwasher is size.

Dishwashers demand a significant amount of countertop space, and they need to be placed near your sink in order to be utilized practically. Make sure to measure your counterspace and the dishwashers in your price range before making a decision.

Secondly, consider that stainless steel dishwashers are almost always longer lasting and higher performing than plastic ones. Stainless steel withstands heat better than plastic. It dries faster and it uses less energy.

While many of the optional features available on modern dishwashers are superfluous, some features — such as child safety locks — may be invaluable depending on your circumstances.

Ultimately, the average dishwasher will range from $400 to $700. A top-end dishwasher, however, can go

Here’s how to choose the dishwasher and fridge that are right for your kitchen

for as much as $2,000. Consider that it could cost an additional $150 to $200 for installation.

How to choose the fridge that is right for you

From herb cultivators to flash chillers, the modern fridge is chock full of handy features and unexpected amenities.

According to House Beautiful, kitchens are getting smarter and fridges are being offered in a larger variety than ever before. For those limited on kitchen space, consider purchasing an under-counter, drawer-style refrigerator.

These fridges fit snugly into your kitchen island or under your counter. This style of fridge is a nononsense option for those who primarily utilize fresh ingredients and don’t require significant fridge space.

For those looking for something more advanced, consider a blast chiller fridge. Blast chillers are great for those who frequent farmer’s markets and want a way to flash freeze their fresh foods. Herb cultivators are also featured on some fridges, allowing homeowners the ability to grow automatically watered microgreens

right in their refrigerators.

For those looking for the best fridges on the market — and are willing to break the bank — the Samsung four-door flex built-in fridge comes at a $3,099 price point. For a Wi-Fi-enabled option, consider the $7,899 LG studio Wi-Fi-enabled side-by-side built-in refrigerator.

Distributed by Tribune Content Agency, LLC. Photos courtesy Dreamstime

These are some of the hottest bedroom design trends of 2023

By Hunter Boyce

With the new year comes new trends. And while most of us don’t completely redecorate based on trends, they can be a valuable source of inspiration.

From vintage furniture to tossing out the televisions, a lot of new trends are making their way into the bedroom for 2023.

Mixed-up furniture

Matching furniture has been a staple in the bedroom for a very long time. But Atlanta-based designer Jared Hughes told Southern Living that the trend is out for 2023.

Principal designer for BANDD/DESIGN Sara Malek Barney agreed: “There’s less symmetry — less matchy matchy,” Barney told Southern Living. “I think we’re going to see a lot less uniformity in bedroom design.”

“It’s about thinking about pieces outside where they’ve always been and using them in different, interesting ways,” she added. “That could even mean something that would typically serve as a dining room sideboard could also be in your bedroom to house your clothing.”

Neutral colors

While boring interiors are certainly not in this year, Float Studio co-founder Brad Sherman said neutral tones will be a big bedroom design trend in 2023.

“Neutral tones will continue to be popular, maintaining a sense of calm and escape,” he told Better Homes & Gardens. “In a recent residential project, we used lime-washed neutrals, including a light gray in the bedroom, to add textural interest to the muted tones. Custom oak millwork around the windows brought a sense of warmth and contrast with natural tone and texture.”

Vintage heirlooms

Vintage furnishings are in vogue for 2023. According to interior designer Sarah Barnard of Sarah Barnard Designs, homeowners are looking for timeless pieces to last in their living spaces.

“Vintage, handcrafted, and generationally cherished furnishings are becoming more popular in bedroom spaces,” Barnard told Insider. “Many people are looking for items that will endure in terms of quality and personal value over time.”

No more TVs

Televisions in the bedroom are big sleep disruptors, and many homeowners are doing away with them. Coldwell Banker Warburg’s Steve Gottlieb said he is seeing fewer and fewer TVs inside the bedroom lately.

“This one is debatable, but even as ‘goblin mode’ becomes mainstream, many people seem to be opting to remove their television from the bedroom,” Gottlieb told Forbes. “They have their phone with them and maybe their iPad on the bedside table, but then they have the television in the den or living room. Although many are TV-in-bed people, many others are opting to try to keep their bedroom as serene as possible, partly by not installing a television there.”

©2023 Distributed by Tribune Content Agency, LLC.

You won’t find a television in this bedroom.

Photo courtesy Dreamstime

Float Studio co-founder Brad Sherman said neutral tones will be a big bedroom design trend in 2023.

Photo courtesy Katarzyna Bialasiewicz/Dreamstime/TNS

Vintage heirlooms are timeless pieces for the bedroom. Photo courtesy Dreamstime

Design Recipes: 10 tips for starting fresh

By Cathy Hobbs

At one point you may decide to take the plunge, clear the slate and start fresh, or perhaps you just want to refresh certain areas of your home.

Regardless of your desire, certain rooms and key target areas may serve as a great place to start. The springboard to success may lie in planning, deciding what stays and what goes, and creating a targeted and focused list of must-haves. Here are some tips to help set you on the proper course.

A family room that the whole family can enjoy.

Photos courtesy Handout/TNS

1. Purge. Begin by donating items you no longer need or want.

2 Make a list. The list should contain items you want to keep and those you want to swap out or replace for refreshed items.

3 Look for ways to repurpose items when possible, as opposed to trashing or tossing.

4. Consider ways to bring the outdoors in to bring a sense of freshness and renewal into a space.

5 Organize. For many, organization is the key to a successful home. Kitchens and bathrooms are great places to implement the ideal of sense of order and organization.

6 Make your home functional and purposeful. Rooms that are multipurpose or family-friendly can increase versatility and usage.

7 Set a budget.

8 Set goals and a timeline.

9. Craft a realistic action plan for implementation.

10 Follow up and follow through. Action items in the form of projects and items not implemented should stay on an active to-do list.

Cathy Hobbs, based in New York City, is an Emmy Award-winning television host and a nationally known interior design and home staging expert with offices in New York City and The Hudson Valley. Visit her website at cathyhobbs.com.

©2023 Tribune Content Agency, LLC.

Closet organization is a great pre-move-in project.

A well-organized kitchen enhances functionality.

A bathroom is designed with tranquility in mind.

A living space that allows the outdoors in.

Santa BarB ara County SaleS

This is a partial list of all recorded residential sales in Santa Barbara County from January 23 thru January 27, 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.

property near the beach offers endless possibilities!

GOLEta nORth

229 King Daniel Ln

We no longer take submissions via e-mail, instead an easy-to-use form can be found at newspress.com Click on

Make it a Double Play for 2023, the Year of the Spirea

By Norman Winter

It’s the Year of the Spirea, as designated by The National Garden Bureau, and The Garden Guy could not be happier. There is a spirea that is a landscape asset from spring through dormancy, but a lot of you simply do not know about it.

Photos courtesy Colleen

D. Swiatek, Dreamstime.

First, let’s delve into a little horticulture humor. Yes, the common name is spirea. The botanical name is Spiraea. No family wars here; simply use the name you wish or grew up with. You will have to learn how to pronounce the one you are using. Just kidding, they are the same.

The spirea is in the rose family and has the common name meadowsweet. Today, however, I am telling you about an incredible Spirea japonica, or Japanese Meadowsweet, called Double Play Candy Corn. This beauty will reach about inches tall and 30 inches wide.

The 8-foot-tall bridal wreath spirea, Spirea prunifolia, is the one most of us grew up with. It’s thought of as a partner with rhododendrons, azaleas, forsythias and snowball viburnums. Once the gorgeous white blooms are gone, you forget about it until next spring.

The Double Play Candy Corn is different — holy wow is it different. In Georgia, the leaves emerge from winter dormancy in March as if they were on fire. Very few plants have this color intensity. If you look at the Proven Winners description it says the leaves are orange, red and yellow. That is spot on.

As the summer progresses, new growth is that color, while old leaves are bright gold (or as the tag says, pineapple yellow). If you have more shade, the leaves are chartreuse. This sounds funny to say, but you will always know where your Double Play Candy Corn spirea plants are located. They will never just blend in with a forest or sea of green.

When it made its debut, the conventional wisdom in my area of the South was that it wouldn’t grow well and that it would scorch. Don’t spend a nanosecond with that thought in your mind. Give it good fertile soil that drains well and just watch what happens. You can deadhead if you want, I do, and I also like to cut back hard in late winter, much like you do a rose.

You may be asking, what about the blooms? As if trying to outdo the leaves for color, the flowers are large and purple/red. Yes, you will see pollinators, no, you will not see a herd of deer eating them. Your fun challenge as a gardener is coming up with companion plants. The partnerships are only limited by your imagination.

If I had a suggestion in your planning, think of it like a coleus versus the shrub it is. This means any other herbaceous flower, or foliage partner, will work. The only prerequisite is whether you like the color combination. This is how easy it is to incorporate. Over the last four years I have seen drop-dead beautiful partnerships with pansies, Primo heuchera, Rockin salvias, Superbena verbenas, Supertunia petunias and Superbells calibrachoas. It stands to reason that shrubs like hydrangeas whether they are blue, pink, or white would work too.

Spring planting season is close at hand. When you see it for sale and the thought comes to mind that you don’t have room for a shrub, STOP. If you have room for a coleus, you have room for Double Play Candy Corn spirea. Better yet, it will also return year after year. It is a winner in the landscape or thriller in large mixed containers. Let the celebration begin!

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.

Ornamental garden with perennials and shrubs

Golden Princess spirea Japonica sometimes called Double Play Candy Corn.

Pink spirea Japonica.

Yard Sale Tips Yard Sale Tips

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.

• Kitchen appliances.

• Clothing: Kids and adult.

What Should You Not Sell?

• Items missing safety parts.

• unused prescription drugs or medications.

• Personal hygiene items.

• 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.

• Keep a list of where you posted your signs. It will be helpful when it’s time 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

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