House & Home: August 28, 2022

Sunday, August 28, 2022 &HOUSE HOME T H E U L T I M A T E C E N T R A L C O A S T R E A L E S T A T E S O U R C E Cover home presented by Jeff Oien Village Properties See details on page E-2

Hidden Valley townhome in the De los Amigos community! Over 2,000 sq. ft. of living space. Spacious living & dining rooms with sliders to open patio overlooking La Cumbre Country club golf course. The kitchen opens to a separate informal dining room. Attached 2 car garage with abundance of storage. Powder room off entry. Upstairs are two bedrooms and a den with fireplace. Primary suite has dressing area, bath with shower & tub, two walk-in closets and mountain views. Bedroom 2 has 2 closed and slider to balcony with views. Den with fireplace and slider to balcony. Dual pane windows and sliders throughout. Community pool, spa and clubhouse Shown by appointment only to pre-qualified buyers. Smooth ceilings. Wood parquet flooring. Newer range & oven and dishwasher. Automatic garage door opener. Custom Stair Lift chai r from first to second floors. Mountain views from primary suite, golf course views from family room and second bedroom. HOA fee inclu des trash & recycle, building insurance, pool, spa, clubhouse and exterior maintenance. New roof in 2019 and newer exterior paint.

NEW LISTING IN HIDDEN VALLEY 2 BEDS | 2.5 BATHS | OFFERED AT $1,135,000 All information provided is deemed reliable, but has not been verified and we do not guarantee it. We recommend that buyers make their own inquiries. Exc us ve Member of JEFF OIEN 805-895-2944 | jeff@villagesite.com villagesite.com | DRE 00852118

SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATEE2

E3SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATE Open HOmes Open Homes Directory ......................................... E-20 Classified Real Estate E-23 Residential Property .............................................. E-23 Commercial Property.. .......................................... E-23 Rentals................................................................... E-23 Unmortgaged millennials: What a new study reveals about millenial homebuyers ..............................4 A Note From The SBAOR President: Tax tips for homeowners .............................................................................6 Real Estate Q&A: How can I sell a property if a deceased former owner’s deed still shows up online? ........................................................................................8 Design Recipes: 5 ways to embrace modular design ...........................................................10 HOA Homefront Reader Questions: Rules .........................................................................................................12 Santa Barbara County Sales ......................................................................14 On DandyGardening:ManColor Wheel wins a Rhododendron of the year award .........18 COntents What’sYour Story ? You may submit your article in 600 words or less, with photos if available, to: House & Home Publication Santa Barbara News-Press P.O. Box 1359 Santa Barbara, CA 93102 or email us Photoshouseandhome@newspress.com.at:Subjectline:House&HomePublicationcanbesubmitteddigitally(jpegformat/atleast200dpi) Do you have a story to share with our News-Press readers? Let us get to know you! We would like to publish it in the Sunday House & Home publication. “What’s Your Story?” &HOUSE HOME Publishing LLC newspress.com Wendy McCaw .......................................................... Co-Publisher Arthur Von Wiesenberger .......................................... Co-Publisher To appear in House & Home, Contact our staff at realestate@newspress.com House & Home is a product of the Classified Advertising Department of the Santa Barbara News-Press. newspress.com newspress.com is a local virtual community network providing information about Santa Barbara, in addition to the online Association of the Santa Barbara News-Press. ©2022 Santa Barbara News-Press All rights are reserved on material produced by the News-Press, including stories, photos, graphics, maps and advertising. News-Press material is the property of Ampersand Publishing, LLC. Reproduction or nonpersonal usage for any purpose without written permission of the News-Press is expressly prohibited. Other material, including news service stories, comics, syndicated features and columns may be protected by separate copyrights and trademarks. Their presentation by the News-Press is with permission limited to one-time publication and does not permit other use without written release by the original rights holder. 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.

62% are willing to relocate more than 50 miles away to purchase a home, with 1 in 5 prepared to move more than 500 miles away

Photo courtesy Dreamstime/TNS ‘Unmortgaged millennials’:

• 69% of millennials would prefer homeownership to renting

Tom Parrish, head of Retail Lending Product Management at BMO Har ris Bank in Chicago, says one thing in particular caught him off guard: mil lennials’ willingness to move a substantial distance away to purchase a home. “That willingness to relocate may be because of remote and flexible work environments becoming more common,” he says. “This expands the ability to find the right home, which could include discovering more affordable op tions, more space and a home in an area that meets that individual’s desired lifestyle.”Thegeneration’s disdain for renting also shines through, particularly be ing subject to a landlord’s rules and rent hikes. “Most millennial renters have probably experienced all of the little ways that renting makes life harder,” says Martin Orefice, founder of Rent To Own Labs in Chicago. “They don’t have the freedom to repair or renovate their living space, they may have to put up with showings and they don’t have much say in how close their neighbors get. These are all good reasons to aspire to homeownership.”

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©2022 Bankrate.com. Distributed by Tribune Content Agency, LLC.

What a new study reveals about millennial homebuyers

Millennials’ desire to own a home is strong, studies find, but many are struggling to qualify for financing in a market with rising prices.

“Unmortgaged millennials want to own a home, but they feel like the odds are stacked against them,” says Beatrice de Jong, consumer trends expert for Opendoor. Fact is, plenty of millennials have never owned a home. This study takes a magnifying glass to the generation, coining the term to refer to millennials who have yet to become homeowners, despite being at prime buying age. “We came to this term when trying to figure out how to classify this group,” says de Jong. What millennials want — and don’t want

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As it turns out, millennial desire to own a home is strong. The report contains some inter esting findings, including:

It’s certainly true that median home prices have increased significantly in recent years. “As a result, many feel priced out of the housing market,” says Boyd Rudy, a broker with Dwellings in Plymouth, Michigan.

Affordability, of course, is the biggest obstacle. Among the factors prevent ing millennials from purchasing are rising home prices (45%), low income (42%), poor credit (39%), job instability (31%) and outstanding debt (30%).

Parrish agrees. “The findings underscore the fact that millennials understand the value and financial benefits that owning a home brings,” he says. “Because rising home costs are a com monly reported challenge, it’s crucial to know what you can afford and to talk with a mortgage advisor who can explain loan options to prepare for the homebuying journey,” he says.

• 47% would be willing to delay vacations for five years if it saved them enough to buy a home

However, 28% of Gen Y buyers had to delay saving for a down payment or purchasing a home for more than five years due to outstanding debt. They are also the most educated group of homebuyers, according to NAR, and younger millennials in particular had the highest share of student loan debt at 45%. The sacrifices millennials make to buy a home include spending less on entertainment, clothes and vacations; picking up a second job to earn extra income; and moving in with family or friends to save on rent. What is an ‘unmortgaged millennial’?

Millennials — those between ages 26 and 41, also sometimes called Generation Y — now represent the biggest population cohort in America. And while lots of them dream of home ownership, many find themselves priced out of the housing market. In fact, nearly half of mil lennials who do not yet own a home are pessimistic that they may ever be able to, according to a recent study on the generation by Opendoor. Here, we take a closer look at the 2022 Millennial Homebuying Trends Report to learn more about this important demographic’s homeownership preferences, challenges and trends. Millennials and homebuying It’s clear that millennials who want to own a home face many hurdles, especially compared to older generations. A 2022 report by the National Association of Realtors reveals that Gen Y represents the largest share of homebuyers in the country, at 43%. That includes the biggest percentage of first-time purchasers as well.

• 52% have felt an increased urgency to own a home over the past year

“Our data show that the majority of millennials are willing to tackle short-term challenges in exchange for the long-term satisfaction of being a homeowner,” says de Jong. “Unmortgaged millennials prioritize saving money for a down payment, but they feel challenged by rising home prices and low income.”

“Get a good handle on your financials,” says Parrish. “Understand how much you have coming in, what you owe each month, what you have saved up and what you [will have left over] for the unexpected after making a down payment.”

Follow along with Bankrate’s series of articles that guide first-time homebuyers through the journey — and get first-person advice from one of our own editors. Visit Bankrate online at bankrate.com.

Most rank saving for a down payment as their top financial goal, over pay ing off student loans (29%), saving for travel (22%) and saving for a new car (21%).DeJong finds many of these results surprising. “We were heartened, for example, that unmortgaged millennials value real estate apps ahead of dating apps, travel apps and sports betting apps,” she says.

• 56% have less than $25,000 in savings

Getting on the path to homeownership

If you’re an unmortgaged millennial determined to own a place of your own, don’t give up on the dream. Take smart financial steps now to help strengthen your position as a prospective homebuyer.Workto pay down as much outstanding debt as possible, and aim to up your credit score, which can help you qualify for better loan options.

SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATE

“It’s also a good idea to get preapproved for a mortgage early in the process, so that you know how much you can spend,” says Rudy. If you aren’t eligible for a conventional mortgage loan, explore alternative financing meth ods. “Federal agencies like the FHA, USDA and VA offer loans to first-time buyers with much lower down payment requirements,” Orefice points out.

• 66% use real estate apps

• 49% aren’t confident they will ever become a homeowner

E4 By Erik J. Martin Bankrate.com

Major takeaways Collectively, the statistics gleaned from the report paint a clear picture: Millennials see homeownership as a way to improve their lives. But sadly, the goal is still out of reach for much of this massive segment of the population.

• 54% want a home to raise a family in • 51% yearn for better living conditions 50% are tired of paying rent to a landlord

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3

INVESTMENT

• Divorce decree with home sale clause

• Original owners’ purchase docu ments (sales contract, deed) for home given to you as a gift As long as you or spouse owns the home + 3 years

Until

How Long to Keep It Home sale closing documents, including closing statement: As long as you own the property + 3 years Deed long as you own the property Builder’s warranty or service con tract new home the warranty period ends long as you own the property capital long as you own the property statements of satisfaction or lien release) just in case a lender says, “Hey, you still owe us money.”

As long as you own the property + 3 years Receipts for capital expenses, such as an addition or improvements long as you own the property + 3 years Receipts for repairs and other expenses years after the due date of the return showing the deduction

to the house As

You probably don’t have space to store years of tax and insurance paperwork, warranties, and repair receipts related to yourButhome.you need that paperwork if you need to prove you deserve the tax deduc tions you took, to file an insurance claim, or to figure out if your busted oven is still under warranty. To help you organize your piles of papers, here is a handy checklist of how long to keep tax records.

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• CC&Rs As

•

•

• Appraisal or

As long as the partnership or LLC exists

• Date-of-death home value record for inherited home, and any rules for heirs’ use of home As long as you or spouse owns the home + 3 years

Tip: Tax season and year’s end are good times to purge files and toss what you no longer need; that’s often when the spirit of organization moves us. When you do finally toss out your home-related paperwork, use a shredder. Throwing away intact documents with personal financial information could put you at risk for identity theft. This article provides general informa tion about tax laws and consequences, but isn’t intended to be relied upon as tax or legal advice applicable to particular transactions or circumstances. Consult a tax professional for such advice.

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As long as you own the property + 3 years Why you need these docs: For the most part, to prove your eligibility to deduct the expense. You’ll also need re ceipts for capital expenditures to calcu late your profit (gain) or loss when you sell the property. Landlord’s insurance and partnership agreements are impor tantMiscellaneousreferences. Records

4 years after you make (or owe) payroll tax payments

Tax Tips for Homeowners

DocumentMISCELLANEOUSRECORDS

•

•

As

As long as you or spouse owns the home + 3 years

Tax Deductions ANNUAL TAX DEDUCTIONS* Document

•

• Section 1031 (like-kind exchange) sale records for both your old and new properties, including HUD-1 settlement sheet

Check with your state about state income tax records. Most states make you keep them as long as the federal government does — three years. But Montana wants you to keep them for five years. And Ohio recommends you hang on to them 10 years. Yes, an entire decade.

President of the Santa Barbara Association of REALTORS® A note from the SBAOR President Bob Walsmith, Jr. can be reached at 805-720-5362 or emailed at Bob@BobWalsmithJr.com

+ 3 years • Mortgage payoff

How Long to Keep It valuation used to calculate depreciation

•

Until you receive the next year’s policy Partnership or LLC agreements for real estate investments

• Wills and property trusts Until updated

(certificate

First, a little background on IRS rules, which informed some of our charts:

Organizing Your Home Records

DocumentDEDUCTIONSESTATE

How Long to Keep It Property tax payment (tax bill + canceled check or bank statement showing check was cashed) 3 years after the due date of the return showing the deduction Year-end mortgage statements 3 years after the due date of the return showing the deduction • Tax returns 3 years from the date you file your return or 2 years from the date you paid the tax, whichever is later Why you need these docs: To docu ment you’re eligible for a deduction or tax credit in case you’re audited by the IRS.*These deductions are relevant if you itemize. The standard deduction has been increased, which means fewer people will itemize than have in the past. Real Estate Deductions (LAND LORD) REAL

• Employment records for live-in help (W-2s, W-4s, pay and benefits state ments)

Why you need these docs: Most are needed to calculate capital gains when you sell. Employment records help prove deductions.

The IRS can also ask for records for the last six years after a filing if they suspect someone failed to re port 25% or more of their gross in come. And the agency never closes the door on an audit if it suspects Homefraud.Sale

Forever,

Records HOME SALE RECORDS Document

• Receipts for

SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATEE6

for

Landlord’s insurance policy

How Long to Keep It

Landlord’s insurance payment re ceipt (canceled check or bank state ment showing check was cashed) 3 years after the due date show ing the deduction

By Bob Walsmith, Jr.

• The IRS says you should keep tax returns and the paperwork support ing them for at least three years after you file the return — the amount of time the IRS has to audit you. So that’s how long we advise.

Because paper, such as receipts, fades with time and takes up space, consider scanning and storing your documents on a flash drive, an external hard drive, or a cloud-based remote server. Even better, save your documents to at least two of theseOr,places.youcan consider an app such as Smart Receipts, which is available via Google Play and Mac App Store. Smart Receipts lets you track your finances, including receipts, for yourself or your employer. You can choose from default data types including dates, price, tax, receipt categories, comments, and pay mentDigitalmethods.copies are OK with the IRS as long as they’re identical to the originals and contain all the accurate informa tion that was in the original receipts. You must be able to produce a hard copy if the IRS asks for one.

Investment

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•

Why you need these docs: You use home sale closing documents and re ceipts for capital improvements records to calculate and document your profit (gain) when you sell your home. Your deed and mortgage payoff state ments prove you own your home and have paid off your mortgage, respec tively.Your builder’s warranty or contract is important if you file a claim. And sooner or later you’ll need to check the CC&R rules in your condo or community asso ciation.Annual

•

improvements As

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E7SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATE

UNIT A, SANTA

5071 RHOADS

Each deed or other record, known as “muniments of title,” is reviewed by an experienced professional to determine the property’s current owner. This is part of what your closing attorney is responsible for.

A deed will be signed, witnessed, and notarized to transfer property to a new owner. While the deed must contain certain legal formalities, it is noth ing more than tangible evidence of the intent to transfer ownership to a new owner.The rules about our system of land ownership go back almost a thousand years to the medieval ceremony known as “livery of seisin,” where the towns people would witness a landowner handing over a clump of dirt to the new owner to establish the transfer. Over the years, the law has evolved so we can accomplish this sitting in air conditioning holding a pen.

Title to your home is determined differently than the title to a car or boat.A car’s title is an official certificate signed and turned over to the new owner and then registered with the state. Home title has a different process. It is determined by reviewing your county’s official records.

– Kimberley Answer

By Gary M. Singer Questions I purchased a property from a widow who owned the home with her deceased husband. Some questions about the ownership seemed to be resolved by present ing his death certificate to the county. Still, his name shows up when I search the property online. I asked the county to remove his name from the deed but was told they could not do that. I want to sell the property, but how can I if his deed still shows up online?

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, busi ness 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.

If the deceased’s name is still showing on the Property Appraiser’s website, you should confirm your ownership with the title agent that handled your closing. Ask them to investigate. If it turns out that there is a bigger problem, you can make a claim against the title insurance policy you most likely bought at closing.

SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATEE8 Proudly Congratulates Patricia Griffin 262 SANTA ROSA LANE MONTECITO, CA 93108 Sold for $8,180,790 For her closingrepresentationoutstanding&successfulof: 805.705.5133 | patricia@villagesite.com | DRE 00837659 1250 Coast Village Road, Montecito CA | VILLAGESITE.COM Exclusive Member of Real Estate Q&A: How can I sell a property if a deceased former owner’s deed still shows up online?

Public records, such as deeds, are permanently recorded in chronological order with your county and cannot be changed. The mere fact that someone was on a prior deed does not matter if there is other recorded evidence of the transfer.Inyour case, the deed from the widow and the recorded death certificate should suffice.

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SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATEE10 Design Recipes:

By Cathy Hobbs

A double chaise sofa is created from two modular sofa sections. Photos courtesy Handout/TNS 5 ways tomodularembracedesign

MODULAR DESIGN continued on 21

Whether you are looking for versatility or to create an interesting configuration, modular furniture has become a popular go-to for interior designers. Gone are the days of a one-size-fits-all approach. Enter modular, in which a room can be framed or a seating arrangement created from sections as opposed to a single unit. Modular configurations are especially popular in urban areas, where elevator sizes may prohibit some furniture options, but they are also gaining favor for those who simply desire a more customized seating approach.

E11SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATE @BHHSCALIFORNIA offeaturesandconditions,measurements,includingdataallofaccuracyguaranteenotdoBHHSCPandLLCAffiliatesBHHaffiliate.HathawayBerkshireaCompanyInsuranceColumbiaofmarksserviceregisteredaresymbolBHHStheandBHHSLLC.AffiliatesBHHofsystemfranchisetheofmemberais(BHHSCP)PropertiesCaliforniaHomeServicesHathawayBerkshire2022©information.thatofaccuracytheverifyindependentlytoadvisedisBuyerMLS.orbrokerbyverifiedbenotwillandsourcesvariousfromobtainedisInformationproperty. TAKE A TOUR TODAY at bhhscalifornia.com 3675 FOOTHILL RD, CARPINTERIA 3BD/4BA; ±29 acres • $20,500,000 Yolanda Van Wingerden, 805.570.4965 LIC# 01308141 1439 IRVINE LN, MONTECITO 5BD/6½BA; ±1.41 acre • $12,200,000 Deborah Samuel, 805.570.6680 LIC# 02119798 1460 CALZADA AVE, SANTA YNEZ 4BD/4BA; ±9.78 acres • $7,100,000 Joe Ramos, 805.680.6849 LIC# 02040488 290 SHEFFIELD DR, SANTA BARBARA 5BD/6BA; ±1.3 acres • $8,950,000 Douglas & Associates, 805.318.0900 LIC# 02024147 840 IVY LN, SANTA BARBARA 4BD/2½BA; ±1 acre • $6,450,000 Daniel Encell, 805.565.4896 LIC# 00976141 OPEN SUN 2-4 251 E MOUNTAIN DR, MONTECITO 4BD/6BA • $6,425,000 Cristal Clarke, 805.886.9378 LIC# 00968247 1325 LADAN DR, SOLVANG 5BD/5½BA + GH; ±4.33 acres • $6,200,000 Laura Drammer, 805.448.7500 LIC#OPEN01209580SUN1:30-3:30 1333 SANTA TERESITA DR, SANTA BARBARA 4BD/4½BA • $4,749,000 Spechler & Beck RE Group, 805.689.2717 LIC# 00552664 / 01488548 OPEN SUN 1-3 145 OLIVE MILL LN, MONTECITO 3BD/3½BA; ±.34 acre • $5,550,000 Marsha Kotlyar Estate Group, 805.565.4014 LIC# 01426886 2215 EDGEWATER WY, SANTA BARBARA 1BD/1BA • $4,500,000 Daniel Encell, 805.565.4896 LIC# 00976141 223 LA VISTA GRANDE, SANTA BARBARA 4BD/3BA • $3,195,000 Dan Crawford, 805.886.5764 LIC# 01923245 OPEN SUN 2-4 2475 GRAND AVE, LOS OLIVOS 4BD/3BA; ±1.63 acres • $2,800,000 Laura Drammer, 805.448.7500 LIC#OPEN01209580SUN1-3 1315 VALLECITO PL, CARPINTERIA 4BD/3BA • $2,095,000 Yolanda Van Wingerden, 805.570.4965 LIC# 01308141 OPEN SUN 2-4 512 LA MARINA, SANTA BARBARA 3BD/2BA; ±.21 acre • $2,195,000 Andrea Ruhge, 805.895.5862 LIC#OPEN01965484SUN11-1 2926 FOOTHILL RD, SANTA BARBARA 5BD/4BA; ±.23 acre • $1,865,000 Kathy Hughes / Kathy Spieler, 805.448.4881 LIC#OPEN00521702SUN1-3 1252 HAGER LN, BUELLTON 3BD/2½BA; office; ±1 acre • $1,795,000 Laura Drammer, 805.448.7500 LIC#OPEN01209580SUN1-3 5853 MARSTONE LN, GOLETA 5BD/3BA • $1,750,000 Randy Freed & Kellie Clenet, 805.895.1799 LIC# 00624274 / 01434616 198 SAN MILANO DR, GOLETA 3BD/3½BA • $1,295,000 Jamie Jo Sim / Ally Edwards, 805.689.5799 LIC# 01234347 / 02117216 27 S ALISOS ST, SANTA BARBARA 4BD/2BA; ±.19 acre • $1,399,000 Bartron Real Estate Group, 805.563.4054 LIC# 01005021 440 RIVERVIEW DR, BUELLTON 5BD/3BA • $1,230,000 James Mathews, 805.453.3455 LIC#OPEN02080822SUN1-4 277 FOREST DR, GOLETA 3BD/2BA; ±.15 acre • $1,200,000 Deborah Samuel, 805.570.6680 LIC#OPEN02119798SUN11-2 2543 BASELINE AVE, BALLARD 4BD/3½BA • $1,200,000 Laura Drammer, 805.448.7500 LIC# 01209580 4826 SAWYER AVE, CARPINTERIA 3BD/2BA • $1,150,000 Scott Williams, 805.451.9300 LIC# 00628741 5151 TABANO WY, SANTA BARBARA 3BD/2BA • $1,160,000 The Easter Team, 805.570.0403 LIC#OPEN00917775SUN12-5 1544 OAK ST, SOLVANG 2BD/2BA + 2BD/2BA • $935,000 Deanna Harwood, 805.325.1452 LIC# 00999839 150 2ND ST, BUELLTON 4BD/2BA • $849,000 Mathew Raab, 805.705.5486 LIC#OPEN02063526SUN1-3 5455 8TH ST#65, CARPINTERIA 2BD/2BA • $719,000 Team Scarborough, 805.331.1465 LIC# 01182792 330 W HIGHWAY 246#110, BUELLTON 2BD/2BA • $380,000 Sara Guthrie, 805.570.1211 LIC#OPEN01294545SUN1-362 RIO VISTA, SOLVANG 2BD/2BA • $489,000 Ealand & Sideris Group, 805.698.9902 LIC# 01766178 / 00603730 87 RIO VISTA, SOLVANG 2BD/2BA • $197,000 Karin Aitken, 805.252.1205 LIC#OPEN00882496SUN12-3

Civil Code Section 5905 requires associations to adopt a fair and reasonable policy to establish an IDR procedure, in which a homeowner may meet with an other homeowner or the board to try to work things out short of litigation. If an association fails to create such a policy, Civil Code 5915 contains the default pro cedure.Architectural Modification Request

Schedule of Fines: A common disci plinary measure is to impose fines, after a hearing, to discourage members from violating association rules and covenants. However, many are unaware that the only the fines disclosed in the HOA’s rulescan be imposed, because Civil Code 5850(c) restricts fines to those as stated in the writ ten fine schedule in effect at the time of the violation. Without a fine schedule, there aren’t fines. All California all common interest de velopments, regardless of size, must have each of these five rule sets. The IDR, de linquency, architectural application proce dures, and fine schedule must be disclosed annuallyin the Annual Policy Statemen trequired by Civil Code 5310. Election rules must be sent to all members at least 30 days before an election, per Civil Code 5105(g).Each of these rules must be adopted following the process in Civil Code Sec tion 4360, which requires the exact text of the proposed rule change to be announced at least 28 days before the board vote on the proposed changes. Complete your HOA rulesand provide the required guidance to board and mem bers.

Does

2. At the secondboard meeting, the board must allow member comments be fore voting on the proposed rule change.

Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers andPartnerof Richardson Ober DeNichilo LLP, a law firm known for community association advice. Submit questions to Kelly@rodllp.com. Past columns at www.HOAHomefront.com. All rights reserved®

5. If the change is adopted, announce it promptly. Don’t wait to send it with the draftmeeting minutes - the secretary has 30 days for the draft minutes, while thisannouncement must be made within 15 6.days.Have legal counsel review the draft rule change to prevent legal problems. Perfection is not required. Per Civil 4350(d), if the board acts in good faith and in substantial compliance with the procedures, the rule should be valid. The law, while potentially frustrating, adds transparency and deliberation to the rule-making process. The hoped-for re sults are better andless divisive rules - and more harmonious communities. Operating rules are often called “house rules” or “rules and regulations” by asso ciations in California. Rules are modified by HOA Boards under Civil Code Sec tion 4340, and under Civil Code Section 4350(a) must be written. In adopting rule changes, boards must follow the procedure prescribed by Civil Code Section 4360. Most rules are tailored to the needs and desires of a given community, addressing parking, pool use,or other topics. How ever, there are five rules topics required by statute.Election rules: Civil Code Section 5105 requires associations to have elec tion rules. The statute lists the basic re quirements of election rules, including board eligibility standards. These rules apply not only to board elections, but also to any matter on which a topic on which a membership vote is required using the 30day notice and other voting procedures required by Civil Code Section 5100(a). These rules must conform to statute and the bylawsand are now likely out of date, with 2022’s new election by acclamation option under Civil Code 5103.

Assessment Delinquency Enforcement Policies:

HOA Homefront

Procedures: Boards frequently receive requests from homeowners who wish to modify their residence or adjacent com mon area. Civil Code Section 4765 re quires associations to have a written proce dure for the application process. Without such procedures, homeowners and board alike have no guidance as to how applica tions are to be processed.

Civil Code Section 5730 recites detailed disclosures regarding association handling of delinquent assessments, and under Civil Code 5310(6) is part of the Annual Policy Statement to be published to members. Civil Code 5310(7) also re quires that the association policies in en forcing lien rights be specified and annu ally given to members. Associations might adopt the contents of Civil Code 5730 as rules and then add any lien enforcement policies to satisfy Section 5310(7).

ByRULESKellyG.Richardson,Esq.CCAL

SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATEE12

Civil Code Section 4360establishes the following two-step meeting process:

4. Don’t rush past member objections. Perhaps after further study/discussion/ modification, the proposed change can be republished to members again later.

The Rules … On Rule Changes Your HOA Have All Five of the Required Rule Sets?

3. If the rule change is adopted, a notice must be announced to members within 15 days after the meeting.

Policies:

3. Listen to the members.The process’ open forum aspect is important. Listen. If significant opposition to the rule aris es, more consideration should be given. Can the proposed change perhaps be im proved? Is the board unexpectedly upset ting homeowners so that an overturn vote is all but certain? Such rule changesmight not be in the best interests of neighbor hood relations, even though it may have originally seemed like a good idea.

4. If the change is controversial, 5% or more of the membership may, within 30 days of notification of a rule change, demand a membership meeting to vote upon its reversal. If a majority of a quo rum votes to overturn the rule change, the board cannot reinstate the overturned rulechange for one year. The law allows for emergency rules, if immediate action is necessary to avoid imminent threat to health, safety or to substantial economic loss. Boards may pass emergency rules for up to 120 days but they cannot be renewed. Before changing association rules, consider these process tips: 1.Discuss the rule. If the rule change is too complicated to draft during the board meeting, then delegate someone (the HOA’s attorney?) to draft language for consideration at the next meeting to consider publication of the proposed change. Don’t rush - good rules adopted slowly are better than poor rules quickly approved.2.Once the motion to adopt the rule change is made in the second board meeting, suspend deliberations and reo pen members’ open forum on the rule change. Commentswill be minimal un less the rule change is controversial.

Good community rules and regula tions (“operating rules,” per Civil Code 4340) help set standards and encourage neighborly conduct.However, good rules also must be enforceable andassociations must follow a prescribed rule amendment process. Because rules are amended only by the board, the law requires special procedures to alert members in advance when boardsconsidera rule change.

1. In the first open meeting the board decides to announce a proposed change,the board mustgive members at least 28 days advance written notice of an upcoming meeting to consider a change, a copy of theverbatim proposed change, and a statement as to the purpose and ef fect of the change.

Internal Dispute Resolution (“IDR”)

E13SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATE 4296 R ANCHO ASOLEADO DRIVE • SANTA BARBARA © 2022 Berkshire Hathaway HomeServices California Properties (BHHSCP) is a member of the franchise system of BHH Affiliates LLC. BHHS and the BHHS symbol are registered service marks of Columbia Insurance Company, a Berkshire Hathaway affiliate. BHH Affiliates LLC and BHHSCP do not guarantee accuracy of all data including measurements, conditions, and features of property. Information is obtained from various sources and will not be verified by broker or MLS. Buyer is advised to independently verify the accuracy of that information. CalDRE#: 00976141 ANOTHER FINE PROPERTY REPRESENTED BY OFFERED AT $3,495,000 Dan Encell “The Real Estate Guy” Phone: (805) DanEncell@aol.com565-4896 DRE 00976141 EACH YEAR, DAN SPENDS OVER $250,000 IN MARKETING & ADVERTISING! REMEMBER, IT COSTS NO MORE TO WORK WITH THE BEST (BUT IT CAN COST YOU PLENTY IF YOU DON’T) VISIT: WWW.DANENCELL.COM • #6 Berkshire Hathaway Agent in the Nation • Wall Street Journal “Top 100” Agents Nationwide (out of over 1.3 million) • Graduate of UCLA School of Law and former attorney (with training in Real Estate law, contracts, estate planning, and tax law) • Dedicated and highly trained full-time support team • An expert in the luxury home market ANOTHER FINE PROPERTY REPRESENTED BY D ANIEL E NCELL NEW LISTING!

SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATEE14 This is a partial list of all recorded residential sales in Santa Barbara County from August 15 thru August 19, 2022. 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. Santa BarB ara County SaleS AREA ADDRESS SELLER BUYER PRICE DATE Continued on page 16 CARPINTERIA 5446 EIGHTH ST 16 YUEN JOSEPH EA HERNANDEZ JERRY EU $725,000 8/16/2022 565 ARBOL VERDE ST HARTMAN JAMES EA RIDER SANDRA EA $2,100,000 8/19/2022 GOLETA 6251 NEWCASTLE AVE TOMILNSON ANTHONY EA DANG THUY EA $1,050,000 8/19/2022 7115 GEORGETOWN RD DESHMUKH ABHAY EA DIMARCO BRET EA $1,090,000 8/18/2022 543 FIRESIDE LN STEINER MICHAEL EU YAP SUAT EU $1,385,000 8/18/2022 5220 JAMES RD HOMELIGHT HOMES INC CARUSO KYLE EU $2,050,000 8/19/2022 1155 VIA BOLZANO PATTEINER DAVID EA FIEDOREK IAN EU $2,545,000 8/15/2022 GUADALUPE 5011 SANDPIPER LN SNOBECK SHARON EA AGUIRRE LUIS EU $527,000 8/18/2022 LOMPOC 924 E NORTH AVE NIGH BARBARA EA BOUCHER AARON EU $430,000 8/19/2022 1113 W ALDEN AVE LOUIS SUSAN EA SERVIN SELENE EA $475,000 8/19/2022 1213 N G ST HILL KEVIN EA GUSTILO AMBER $514,500 8/17/2022 MONTECITO 176 HERMOSILLO DR 176 HERMOSILLO DRIVE LLC COLLINS MARK EU $2,072,000 8/18/2022 1293 SPRING RD 1 1293 SPRING ROAD LLC MUTTON NICHOLAS EA $3,250,000 8/16/2022 1209 CIMA LINDA LN INGRAM HORTENSE EA BROWN NICHOLAS EA $7,025,000 8/18/2022 800 HOT SPRINGS RD BRYN MAWR TRUST GORDON STEPHEN EA $7,625,000 8/15/2022 262 SANTA ROSA LN YOUNG J CHRISTOPHER EA ZAITZ BENJAMIN EU $8,181,000 8/18/2022 LOS OLIVOS 2750 LATIGO DR DOHMEYER RONALD EA MOORE KEITH EA $3,500,000 8/19/2022 SANTA BARBARA 1230 CASTILLO ST SNICER REED EA BURKE DANA $995,000 8/16/2022 921 W SOLA ST HALL WILLIAM EA TRELLES-DUCKETT ALICIA EU $1,045,000 8/18/2022 293 CALLE ESPERANZA SCHMIEDL MANFRED EA BAGHAIE SHARANG $1,070,000 8/19/2022 1129 WALDRON AVE RODRIGUEZ DAVID EA CLEMENT RAPHAELE $1,100,000 8/15/2022 1008 E DE LA GUERRA ST BOUER PAMELA ARNITZ RILEY EA $1,300,000 8/16/2022 319 W LOS OLIVOS ST QUINN JACQUELYN EA CAMPBELL HILARY EA $1,500,000 8/16/2022 2932 SERENA RD PARENT KEVIN EA FINK GEORGE EU $1,575,000 8/16/2022 1809 CLIFF DR 2 THOMAS DAVID TARON PROPERTIEW LLC $1,595,000 8/19/2022 190 LYRIC LN LE BLANC THOMAS EA PETERSEN SCOTT EU $1,595,000 8/17/2022 30 CALLE CAPISTRANO PHILLIPS MAXWELL EU ROGERS JENNA EU $1,625,000 8/18/2022 523 RICHARDSON AVE BISCHOFF MARCIA EA COHEN MICHAEL EA $1,700,000 8/19/2022 1412 PASEO DEL OCASO VON DOLLEN STEVEN EA 1031 PROS TITLEHOLDER 1122 $1,850,000 8/18/2022 126 MORADA LN HENRY ARDEN EU KURTZ ANTHONY EU $2,100,000 8/16/2022

E15SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATE © 2022 Berkshire Hathaway HomeServices California Properties (BHHSCP) is a member of the franchise systemof BHH Affiliates LLC. BHHS and the BHHS symbol are registered service marks of Columbia Insurance Company,aBerkshire Hathaway affiliate. BHH Affiliates LLC and BHHSCP do not guarantee accuracy of all data including measurements, conditions, and features of property. Information is obtained from various sources and will not beverified by broker or MLS. Buyer is advised to independently verify the accuracy of that information. Laura@LauraDrammer.com805.448.7500DRE:01209580www.LauraDrammer.com LAURA DRAMMER Top 1.5% of Real Estate Agents Nationwide REPRESENTING SANTA BARBARA & THE SANTA YNEZ VALLEY FOR OVER 28 YEARS www.2475Grand.com | Los Olivos | $2,800,000 OPEN SUNDAY 1-3 • Conveniently Located Near Downtown Los Olivos Restaurants, Shopping, & Wine Tasting Rooms •Beautifully Remodeled Craftsman-Style Home • 3 Bedrooms + Bonus Room, 3 Baths • 1.63± Gross Acres | 0.93± Net Acres • Magical Creekside Setting • Beautiful Stone Fireplace in the Living Room with Vaulted Ceilings & Picture Windows • Bar Area for Entertaining • Super Sized Bonus Room for Office Space, TV Lounging or 4th Bedroom • Primary Bedroom Suite with Covered Deck, Classy White & Bright Bath, & Well Organized Walk-In Closet • Expansive Lawns, Mature Trees, Flowering Bushes • Outdoor Destinations with Seating and Fire Pit Area • Attached 2-Car Garage + Lots of Parking for Your Recreational Toys, RV, & Guests

SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATEE16 Santa BarBara County SaleS AREA ADDRESS SELLER BUYER PRICE DATE 999 GARCIA RD ANDERSON KIMBERLY EA WINICK BARRY EA $2,200,000 8/16/2022 417 CALLE PALO COLORAD GLUHAN WAYNE EA PRAINITO WILLIAM EA $2,360,000 8/16/2022 1030 ARBOLADO RD BUCHANAN L STEPHEN EU BROWN CHRISTY $3,450,000 8/15/2022 1405 ALAMEDA PADRE SERR NAGY JOSEPH PRELOGER KEVIN EU $3,450,000 8/15/2022 2258 STANWOOD DR FRIED JOAN EA SCHIFFMACHER MARK EU $3,549,000 8/15/2022 17 PUEBLO VISTA RD CLAYVILLE CORRY EU MELLOR CAROLYN EU $4,000,000 8/16/2022 421 S MILPAS ST BARTON RIVEN EA 421 S MILPAS LLC $5,995,000 8/19/2022 SANTA MARIA 3420 SANTA MARIA 101C LOPEZ ERIC EU GAMBARDELLA TIFFANY $331,000 8/19/2022 3446 GREENACRE DR BRECKENRIDGE PROPERTY FUND WELLS LORI $465,000 8/19/2022 212 S CURRYER ST TORRES ANTHONY EA BAUTISTA ENRIQUE EA $475,000 8/19/2022 883 MILLSTONE AVE FORRESTER JAMES DE CASTRO CARMENCITA EA $485,000 8/19/2022 808 LOMA WAY AUTSIN MARIANNE EA ABRAHAM JOSEPH EA $505,000 8/19/2022 414 N VINE ST BYARS JOEL EA KNIGHT MATTHEW $520,000 8/19/2022 4354 RIDGECREST ST MENDOZA ANTONIO EA SAHU PRADIPTA EU $525,000 8/17/2022 241 MOONCREST LN MEYER WILLIAM EA ESTRADA RUBEN EU $550,000 8/18/2022 438 W HARDING AVE WOODSIDE MICHAEL EA MENDEZ PABLO EU $550,000 8/16/2022 404 E EL CAMINO ST ESPINOZA FERNANDO CONTRERAS HOMERO EA $555,000 8/16/2022 912 E HERMOSA ST KEEFE LAWRENCE EA REYES-JIMENEZ J MARTIN EU $569,000 8/16/2022 1041 W CHURCH ST URBANO GEORGE EU PONCE SALVADOR EU $569,500 8/19/2022 4423 FOXENWOOD LN KOEPPE JOYCE EA TUCKER CODY EU $575,000 8/17/2022 2402 N BENTLEY AVE DRAKE, TONY STASO JEFFREY EU $580,000 8/15/2022 4493 SUNVIEW DR WILLIAMSON BRIAN EU FRIED DANIELLE $610,000 8/17/2022 1519 S WALLIS AVE FRANCO RAFAEL EA CABRERA VICTORINA EA $645,000 8/19/2022 SUMMERLAND 3375 FOOTHILL RD 321 MCGINITY FRANK EA MOORE JOHN EA $1,200,000 8/15/2022 SANTA YNEZ 1580 MONARCH DR ST GEORGE EDWARD EA DOMINIQUE KENNETH EU $3,675,000 8/18/2022 UNICORP 310 E MCCOY LN 3G KNIGHT MIAAHEW UNANDER MARGARITA EU $390,000 8/19/2022 1324 E DONOVAN RD FAULKNER MARK EA HUGHES MONICA $455,000 8/18/2022 1248 ESTES DR SULLIVAN MARK EU WILLIAMS MARK EU $465,000 8/19/2022 3790 URANUS AVE WATERS JACKIE IBARRA JUAN EU $505,000 8/19/2022 1828 N AMY WY CARSON MICHAEL MORALES ROSA $585,000 8/19/2022 1519 OAK BLUFFS DR HURTE WAYNE BERTAO JOSEPH EA $820,000 8/16/2022 736 HILLSIDE DR CENTRAL HOLDING GROUP ORLANDI JASON EA $825,000 8/18/2022 1538 MOUNTAIN VIEW DR STEWART COUGLAS EA DELUNAS KENNETH EA $850,000 8/19/2022 616 HILLSIDE DR ETCHELECU JUDITH EA MORIARTY KERRY $899,000 8/19/2022 450 SYCAMORE DR SHOEMAKER THOMAS EA SILVA SHELLEY $1,125,000 8/18/2022 15 DEN ST DEN ST PARTNER LP NELSON JEFFREY $2,050,000 8/17/2022 1506 MISSION DR LU CUI RONG VIKING INN LLC $2,850,000 8/18/2022 Continued from page 14

E17SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATE © 2022 Berkshire Hathaway HomeServices California Properties (BHHSCP) is a member of the franchise systemof BHH Affiliates LLC. BHHS and the BHHS symbol are registered service marks of Columbia Insurance Company,aBerkshire Hathaway affiliate. BHH Affiliates LLC and BHHSCP do not guarantee accuracy of all data including measurements, conditions, and features of property. Information is obtained from various sources and will not beverified by broker or MLS. Buyer is advised to independently verify the accuracy of that information. Laura@LauraDrammer.com805.448.7500DRE:01209580www.LauraDrammer.com LAURA DRAMMER Top 1.5% of Real Estate Agents Nationwide REPRESENTING SANTA BARBARA & THE SANTA YNEZ VALLEY FOR OVER 28 YEARS www.1252Hager.com | Buellton | $1,795,000 OPEN SUNDAY 1-3 • Stunning Designer Home Built in 2019 • 3 Bedrooms + Office & 2.5 Bathrooms • Professionally Landscaped 1 Acre Parcel • Top Quality Construction • Observatory with Steel Framed Walls of Glass & Spanish Floor Tiles • Antique French Chandeliers • Hand-Forged, Wrought Iron Curtain Rods • Cabinets with Antique 18th Century Spanish Doors • Custom Brass & Bronze Etagere with Walnut Shelves from MYOH . • Custom Exterior Lighting Fixtures with Antique Glass • Built-In California Closet Systems • Office/4th Bedroom with Adjacent Powder Room for your Guests • Oversized 3-Car Garage has Walls of Cabinetry • Boutique Vineyard with 3 Varietals • Lemon & Lime Trees • Olive Trees • 54” Corten Fire Pit • Flagstone Patio

On Gardening:

Dandy Man Color Wheel wins a Rhododendron of the Year award

SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATEE18

Winter/TNSNormancourtesyPhotos RHODODENDRON continued on 22

Dandy Man Color Wheel rhododendron blooms open to large ruffled flowers with deep pink undersides and soft pink shades inside.

By Norman Winter Every gardener in the South knows fall is the best time for planting shrubs. As the cooler weather and shortened day lengths may have stopped leaf growth, the soil becomes ideal for root growth and thus the plant gets acclimated to your landscape. What gardeners don’t know about is a new rhododendron that at long last allows the Southern landscape to achieve a beauty not previously attained. Dandy Man Color Wheel is an incredible rhododendron that has opened the door wide open for rhododendrons in the South. While I am touting the South, know that it is recommended for zones 5-9, meaning a large geographic area can now relish in its beauty. I wrote about Dandy Man Color Wheel in January as I was entering my third growing season. Warm weather came early at my house, but March 13, winter returned as we hit 21 degrees. The temperature pretty much toasted all of my azalea and camellia blooms for 2022. But before April Dandy Man Color Wheel was blooming and caught me by sur prise, bees, butterflies and even hummingbirds were visiting. Sure, I see all this on the native azaleas, which just happen to be rhododendron species, but I just wasn’t thinking about the Dandy Man Color Wheel. This Monarch butterfly finds the Dandy Man Color Wheel rhododendron to be just perfect.

E19SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATE 2 5 3 5 A n a c a p a S t . | L i s t P r i c e : $ 4 , 7 9 5 , 0 0 0 The distinguished Palmer House was designed by Winsor Soule as a New England style “cottage” circa 1929 Over 4,800 sq ft of elegant but comfortable single level living is oriented around a spacious, sunny courtyard and makes for easy entertaining and/or multi generational living An enchanting English garden, designed by Trace Robinson, embraces the home in vibrant colors and sweet perfumes Special features include surprising views of mountains & Campanil Hill, a grand living room, formal dining room, renovated country kitchen , a cozy den, charming library/office, gym & workshop B e d r o o m s : 5 B a t h s : 4 5 P a r k i n g : 3 C a r G a r a g e O P E N H O U S E : S U N D A Y , 1 : 0 0 4 : 0 0 p m Coast and Valley Properties 805 689 1300 www monicalenches com monica@monicalenches com BRE: 01081461 T o l e a r n m o r e , v i s i t : w w w . 2 5 3 5 A n a c a p a . c o m For a private showing, contact Seller's Representative: NEWLISTING N E W E N G L A N D S T Y L E M E E T S H a c i e n d a A m b i e n c e M O N I C A L E N C H E S

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SANTA BARBARA NEWS-PRESS SUNDAY, AUGUST 28, 2022REAL ESTATEE22

When it comes to rhododendrons, I have always been the hopeful skeptic. When I got mine, they started blooming before I could plant them. My bride, Jan, was so struck by their beauty she said they were going as a centerpiece on the table for a few days. No argu ment from me, for a host of reasons. Dandy Man Color Wheel has the potential to get 4 to 8 feet tall and as wide. Being a skeptic, I might not have given them enough room for their companions. This growing season, they have expanded wonderfully. Their large leaf texture stands out on my hillside, putting all visitors on notice. This is a special plant. I actually have four; two are young, and they too are getting happy.

Dandy Man Color Wheel rhododendron was selected as a 2022 Rhododendron of Year by the American Rhododendron Society.

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Since I last wrote about it, Dandy Man Color Wheel has won a Rhododendron of the Year award from the American Rhododendron Society. In the announcement they touted a trait that will be music to the ears of the Southern gardener: heat tolerance. This year I was so mesmerized with its beauty, as the buds start out lipstick red, which I promise you gets the heart pumping with excitement. These open to big ruffled blooms with deep pink undersides and soft pink shades inside. The blooms then age to clear white before falling off. Now you can see the reason Jan wanted the plants for a centerpiece. As the blooms go through their aging progression, you will see all three colors at once. Dandy Man Color Wheel needs fertile, organic rich, well drained, acidic soil. The loca tion I mentioned is on a gentle sloping hillside that has been collecting falling leaves for decades. It is very fertile and gets just a few minutes of what I call a fiery direct sun. As far as landscape companions, I am layering the downward slope with azaleas, hydran geas and hostas. I can tell I will be moving some companions to give the Dandy Man Color Wheel more room. The Proven Winners tag said it had the potential of reaching 8 feet tall with an equal spread, but I wasn’t a believer then. If you live in the South, even in zone 9, and think you can’t grow rhododendrons, this is one you must try.

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 @NormanWin ©2022terTheGardenGuy.TribuneContent Agency, LLC The Garden Guy’s first year Dandy Man Color Wheel rhododendron bloomed before planting and was enjoyed on the table for Easter. Dandy Man Color Wheel rhododendron starts off with lipstick red buds.

RHODODENDRON

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