House & Home: November 19, 2022

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 Patricia Griffin Village Properties

Conveniently located near to the upper and lower Montecito villages, Santa Barbara, hiking trails & the beach, this very private & peaceful single-level 2 BR/2 BA Montecito home tucked back from the street is a little oasis and a wonderful alternative to a condo. At the heart of th e home is the luxuriously remodeled chef's kitchen, complete with all the extras including a fabulo us bar area. The kitchen which flows seamlessly to the spacious dining, family & living rooms offering easy living, is perfect for entertaining large gatherings or intimate dinners. The family room with soari ng beamed ceiling, large windows looking out to a woodland-like backyard, & wood-burning brick fireplace is the perfect place to kick-back & relax.

Sliding glass doors from family, dining & living rooms open out to a very private backyard, with majestic redwoods, brick patio & hot tub, providing the optimum indoor/outdoor lifestyle in Montecito's sought-after temperate climate. The spacious light-filled primary suite has built-ins, walk-in-closet, large bathroom & French doors that lead out to the verdant gardens & emerald, green lawn beyond. There is plenty of space for parking & a small workshop area in the oversized double garage. Just minutes from restaurants, shopping, & entertainment venues, this home is a must for the buyer looking for easy living in a fabulous Montecito location.

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A note from the SBAOR President

By Bob Walsmith, Jr. President of the Santa Barbara Association of REALTORS®

Local Housing Conference Discusses Problems and Solutions to Housing Supply Crisis

Last month I attended the Coastal Housing Coalition Santa Barbara Hous ing Conference which provides commu nity education through discussions and on-going problem solving to help correct our housing supply crisis. This year’s conference covered a myriad of topics including a look at government created redlining, housing and parking require ments, state housing laws, local housing production, and a view of our regional housing supply crisis.

All the panels had nuggets of informa tion that I walked away with. Keynote Speaker Dr. Jessica Trounstine, Profes sor and Department Chair of Political Science at University of California at Merced said that measures such as rent control do not work unless tied with a large increase in the housing supply. She also noted that increased density should not happen in one area of a city because it creates segregation. Instead, density should be spread out across the entire city which is more equitable. Accessory Dwelling Units (ADU) are the closest program achieving this.

The parking panel made me think about the realities of the push towards reduced-to no-parking residential de velopments and what it means with our current infrastructure. As an avid urban hiker, I love walking around our commu nities, and I see the parking problems be cause people use their cars, especially for short trips. This panel opened my eyes that technologies are changing rapidly to address the “last mile”; getting someone from mass transportation to their final destination. I’m excited to hear about the evolving bike share programs, creat ing better walkable/bikeable streets, and increasing the reliability of public trans portation.

As President of the Santa Barbara As sociation of REALTORS® (SBAOR) I attend both State and National confer ences learning about housing laws and regulations. I enjoyed hearing from the panelists at this conference about the State housing laws because the discussion revolved around how the state laws are impacting our region. Some of the most impactful legislation that has created meaningful housing are the ADU laws.

Housing production is our biggest hurdle in addressing the housing sup ply crisis. We need to think outside the box when it comes to creating all types of housing in our region. Another panel spoke about ways to increase the housing supply from creating certainty during the permitting process to creative financing of affordable projects. I was glad to hear that others besides SBAOR understand the importance of private/public part nerships and that our systems need to be realigned to seriously address our hous ing supply shortage.

Last, but not least, I was honored to be part of the panel discussing the SBAOR commissioned study: Housing Affordability in the South Coast: Im pacts of Past Policies and Potential Path ways for the Future. This study provides an in-depth analysis of the economic, demographic and housing market condi tions in the South Santa Barbara County region. It highlights the growing afford ability crisis and the many factors limit ing housing development. In addition to the data, this report provides potential policy pathways to help foster greater housing production, increase afford ability, and protect the future economic vitality of the region. The South Coast faces high barriers to housing, from im mutable (such as geographic constraints) to cultural and political factors, includ ing major barriers by the local regulatory regimes, and zoning and approval pro cesses. Combating these barriers will be difficult, but through aseries of modest policy changes, in aggregate, could trans late to significant strides in terms of in centivizing new housing development.

This conference reiterated the multi faceted components of our housing sup ply crisis. We need to be aware of where and how we increase our density to en sure diverse communities, think outside the box when creating housing, and look at our housing supply crisis regionally. While we will never completely solve our housing supply crisis, by working together and saying “yes” to housing, we can take the “crisis” out of this daunting problem.

Bob Walsmith, Jr. can be reached at 805-720-5362 or emailed at Bob@BobWalsmithJr.com

HOA Homefront Reader Questions

Who Contacts the Attorney?

By Kelly G. Richardson, Esq. CCAL

Dear Mr. Richardson:

Several years ago the board asked for an explanation regarding our Declara tion. The board wanted to know its au thority regarding certain issues within the development. The association’s attor ney did an analysis of our CC&Rs and issued an answer. Since this analysis and resulting letter is of a general nature re garding our association, is it considered attorney-client correspondence and priv ileged communication with the board only? Do the members have a right to see such clarifying communications, since the attorney was providing this informa tion to the board and the manager, as the association’s attorney.

– J.H. Kelly:

I swear you must have a direct line to our HOA! It seems every week you shed light on issues our board mishandled. During a disastrous modification of the CC&R/By-laws, the board refused to give us a redline, have a town hall meet ing, or simply identify the changes, so I called the HOA attorney. The board sent out a letter to all owners stating the at torney represented the board and that owners were not allowed to speak to the attorney. What is your definition of the “HOA?” If it is the members AND the board, our board says the attorneys ex clusively represent the board. Really ap preciate all your insight.

– J.N.

Del Sur Villas, which held that the indi vidual members did not have a right to access the HOA’s attorney opinions. So, individual homeowners cannot force the HOA to share the attorney’s opinions or recommendations.

However, there are times in which the attorney provides opinions clarifying the rights and responsibilities of all hom eowners, which opinions may be helpful to everyone to review. In some circum stances, I find myself writing opinions to the board knowing that the board, in its service to its community, plans on shar ing my opinions with the membership at large. I do agree that sometimes, even though the board could hold the attor ney’s input as confidential, the attorney’s opinions are helpful to the entire com munity and should be shared.

A similar circumstance happens dur ing governing document rewrite projects, such as in J.N.’s association. During the attorney’s work on creating new govern ing documents (CC&R’s and bylaws) for the HOA, if the attorney is barred by the board from explaining them to the members, how could the documents be approved by the members?

The attorney-client privilege protects associations from revealing confidential advice regarding disputes and claims, but at other times the advice is more of a gen eral nature and transparency is helpful to the association and can it helps the com munity understand legal principles.

Dear J.H. and J.N:

The HOA lawyer’s client is the asso ciation, not the board or its members. So, opinions are presented to the associa tion, which speaks and acts through its board of directors. The attorney-client privilege is between the association and the attorney, not the members and the at torney. This was recognized in the 2000 appellate decision of Smith v. Laguna

There is no bright line rule here. Asso ciations and their counsel should discuss when the advice is helpful to everyone and can be shared.

Also, not everyone should be able to contact the attorney. Usually, the manag er and a designated director are my HOA points of contact– but I prefer to copy the entire board with my advice.

– Sincerely, Kelly

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 column questions to kelly@roattorneys.com. Past columns at www.HOAHomefront.com. All rights reserved®.

Design Recipes:

Tips to bring light to dark spaces

By Cathy Hobbs

A windowless room is made brighter through the use of artwork and light fabrics.

Photos courtesy Handout/TNS

No windows, few windows or little to no overhead lighting? These issues can make a room or space feel overly dark. They are especially enhanced in small rooms or spaces that traditionally lack an abundance of light, such as basements or lower levels. What are some ways to overcome the issue of a lack of light?

Here are some top tips to help bring a sense of brightness and light into dark spaces.

1. Paint walls a light color. Light colors will help reflect light.

2. Use mirrors. Mirrors, especially hung in a series or grid, will go a long way in creating light and the illusion of more windows in a space.

A lower level is made brighter through a creative placement of multiple mirrors

3 Incorporate interior windows in rooms that don’t have a window to the outside.

4. Consider installing a glass door to a room or space that doesn’t get much light.

5 Choose light colored fabrics, finishes and textiles.

6 Opt for glass or transparent surfaces, as this will help make a space feel lighter and less heavy.

7 Choose bright, cheery colors that can help mimic sunshine such as yellow, red and orange.

A bright, cheery recreational room is created in a basement with few windows.

8. Incorporate artwork to bring light colored elements into a space.

9. Install overhead recessed lighting if possible.

10 Go minimal. A room full of furniture will feel even smaller and darker than one in which less is more.

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, Boston and Washington, D.C. Visit her website at cathyhobbs.com.

©2022 Tribune Content Agency, LLC.

Interior windows help add light to a space with few outdoor windows.

RICARDO MUNOZ

Buellton

629 Central Ave #B

2/1.5

12:30/2:30 $628,500

This move in ready, end unit, south facing condo is waiting for the right buyer. Please stop by and take a look! You won’t be sorry.

Village Properties Nancy Rizzo 805-403-2700 # 1031367

Carpinteria

1112-1118 Linden Ave

7/6.5

1-3:30 $3,295,000

Rare opportunity to purchase 4 newly remodeled Condominiums Price reduced ,just blocks to the beach

Village Properties William M Reed 805-896-3002 # 1155355

Carpinteria

1112 Linden Ave

3/2

1-3:30 $995,000

Single level Newly remodeled condominium, just blocks to the beach and the Linden shopping cor ridor Price reduced

Village Properties William M Reed 805-896-3002 # 1155355

Carpinteria

1114 Linden Ave

1/1

1-3:30 $795,000

Newly remodeled single level Condominium just blocks to the beach ,shops and restaurants price reduced

Village Properties William M Reed 805-896-3002 # 1155355

1116 Linden Ave

1-3:30 $765,000

Newly remodeled Condominium just blocks to the beach price reduced

Village Properties

M Reed 805-896-3002

1155355

Goleta north

San antonio Creek

17 N. San Marcos Rd., #B

hope r anCh

5/4.5

# 01172139

meSa

3/2

12-3 $3,000,000

Village Properties Kim Byrnes 805-637-3075 # 01266258

upper State Street

1-4

1-4

Santa BarB ara County SaleS

This is a partial list of all recorded residential sales in Santa Barbara County from November 7 to November 11, 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.

AREA ADDRESS SELLER BUYER PRICE DATE

CARPINTERIA 5455 EIGHTH ST 74 BOLSTER LARRY EA SUCKUT GERALD EA $757,500 11/10/2022 1025 PALMETTO WAY I HOMELIGHT REAL ESTATE PULVERMAN JOSEPH EU $760,000 11/10/2022

GOLETA 7630 HOLLISTER AVE 342 RASMUSSEN JEFFREY EA GALVAN SEBASTIAN $585,000 11/7/2022 5624 ARMITOS AVE BHANDARI KUNAL EA ASTORGA JORGE $1,125,000 11/10/2022 6227 AVENIDA GANSO OLSON INGER WALTERS SHANNON $1,341,500 11/10/2022 6148 LA GOLETA RD STAGG REGINA EA SCHUYLER JOHN EU $1,584,500 11/7/2022 7771 HERON CT ALBERTSON MARK EA DORE KATHLEEN EA $3,450,000 11/7/2022

GUADALUPE 5099 PACIFIC DUNES CIR CRAVENHO BRIAN EA VRIEND KIRD EU $590,000 11/8/2022

ISLA VISTA 850 CAMINO PESCADERO KOSCINSKI NORBERT EA 850 CAMINO PESCADERO LLC $3,925,000 11/7/2022 211 S B ST WADE KENNETH EU FARSAKIAN MICHAEL $460,000 11/9/2022 521 S B ST WALLACE ROBERT EU BARAJAS KARLA EA $474,000 11/8/2022 1418 PLUM AVE LINARES SAUL EU JJM FAMILY PROPERTIES $545,000 11/10/2022

MONTECITO 1308 PLAZA DE SONADORES MONTECITO LIFESTYLE INC LAUDATO GERALD EA $1,830,000 11/8/2022 79 SEAVIEW DR SHORTZ JENNIFER EA SHEEN ANITRA EA $3,275,000 11/10/2022 840 TORO CANYON RD GIBBS DAVID EA FCM 1999 LLC $4,250,000 11/10/2022 2150 TEN ACRE RD TEN ACRE ROAD LLC MCINTYRE MARGARET EA $5,170,000 11/7/2022

SANTA

Santa BarBara County SaleS

AREA ADDRESS SELLER

SANTA MARIA 4773 GOODLAND ST

BUYER PRICE DATE

GAMBLIN ALIA SENA KRISTINE EU $600,000 11/10/2022 815 W ELAINE AVE BOTTOMS LAUREN EU DELANCEY EMILEY EU $644,000 11/10/2022 534 E SAN DIEGO ST UNION OIL CO OF CALIF MEDINA JAVIER $675,000 11/8/2022 4950 COUGHLIN WAY REVIVE HQ INC TEAGUE NICK $700,000 11/8/2022

SUMMERLAND 2320 BANNER AVE YOUNG ROBERT EA GRINSTEIN AYN EA $3,900,000 11/10/2022

UNICORP 4043 MUIRFIELD PL CONNOR KEVIN EU PEET BENJAMIN $91,500 11/9/2022 2219 S CORDOBAN LN CHEN SU JJM FAMILY PROPERTIES $535,000 11/8/2022 1700 E COLLEGE AVE CLARK JUSTIN ANDERSON DEAN EU $545,000 11/7/2022 1824 N AMY WY MILT GUGGIA ENTERPRISES, INC

STRAMEL CHRISTOPHER EU $545,000 11/10/2022 1232 N KENSINGTON AVE HERNANDEZ FRANK EU ARREOLA ADALBERTO EA $590,000 11/10/2022 528 S X ST SORENSEN TRUST MCKEE ROBERT $730,000 11/9/2022 3383 PINE ST HADLEY MARK EU VANTASSEL ROSS EA $809,000 11/10/2022 2796 FLORA RD GIULIANI JAMES EA MAURO LORETO EA $1,300,000 11/9/2022 15550 HWY 101 BROWN WADE EA HARRIS GAVIOTA FARM LLC $4,750,000 11/9/2022

Real Estate Q&A:

Who’s responsible for property damage caused by neighbor’s tree?

By Gary M. Singer

Question

My neighbor has a large tree up against our fence with branches hanging over our side of the property line. A storm knocked the tree over, damaging the corner of our roof and destroying our pool pump. Who is responsible for the damage? Who is responsible for removing the fallen tree?

– Tomas

Answer

I get many tree-related questions each fall, which provides an excellent opportunity to review the law in my annual tree column.

When it comes to trees crossing a property line, the law requires the affected property owner to protect their property by responsibly trimming the parts of the tree crossing the border. However, the trimming must be done carefully so it does not injure the tree.

Because it is the affected owner’s responsibility to protect their property, if a healthy tree falls or loses a limb in a storm, the responsibility for the repair will fall on the neighbor whose property was damaged.

That said, the law will not protect a tree owner who does not maintain his tree. If the tree that fell on your property was unhealthy, your neighbor who owns the damaged tree would be liable to pay for the repairs to your property.

If the tree is healthy, you will need to have it removed. If it was not, it would be your neighbor’s responsibility.

Either way, you will need to take necessary measures to minimize the damage, such as tarping your roof.

Because your homeowner’s insurance policy may provide protection for this type of storm damage, you should speak with your agent and make a claim.

If your insurance company pays for the repairs, it will want the right to seek reimburse ment from your neighbor and may try to collect the damages caused by an unhealthy tree from them. This is called “subrogation‚“ and is a right given to insurance companies in most, if not all, of the insurance policies I have reviewed.

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

2023 looks to create a Gold Rush for this award-winning rudbeckia

By Norman Winter

Next year will be a horticultural occurrence or phe nomenon I don’t ever remember happening. It is going to be like the gold rush, except this time to get an awardwinning plant. We can credit Brent Horvath, owner of Intrinsic Perennial Gardens, with this invention that has everyone excited. It is known as the American Gold Rush rudbeckia.

Growers and industry alike are celebarating the first rudbeckia resistant to Septoria leaf spot. You may not have ever paid attention to the leaves of your Rudbeckia fulgida selections or hybrids, but the nursery industry has, and they are helping drive this hybrid to the top of the recom mended list.

This is where the chain of events has mesmerized me. First, American Gold Rush was awarded the All-American Selections Herbaceous Perennial Winner in 2020. Many of us were unaware of a cooperative venture with the Peren nial Plant Association.

In 2022, Proven Winners added this to their perennial lineup, which added great impetus in getting it into gar dener’s hands across the country. Then the Perennial Plant Association further strengthened the effort by announcing it as its 2023 Perennial Plant of the Year. But it all comes to

a crescendo as the National Garden Bureau has designated 2023 as the Year of the Rudbeckia.

These national honors certainly go hand in hand with university trials where high numbers were revealed. But the press from the Missouri Botanical Garden and the Chicago Botanical Garden, where perennials are given a little more time to, as we say, perennialize, speaks volumes. This is the perennial rudbeckia you should choose.

Whether it is a perennial garden, modern flower bor der, habitat garden and the meadow look you have always dreamed about, the American Gold Rush is for you. This hybrid packed with native DNA will bloom not only to reveal its golden yellow beauty, but to the delight of bees and butterflies, too.

My favorite neighborhood in Columbus, Georgia, was like a summer parade of visitors driving by gawking at the hundreds of rudbeckias, but as summer was coming to an end, the foliage and stems turned black and ugly. This wasn’t fatal, but simply points out what many other gar deners have experienced. America Gold Rush is different; the hairs on the leaves and stems that give a silvery cast in the sun also give protection from this dreaded fungus.

The American Gold Rush has a different habit, too, that

(left) American Gold Rush rudbeckia also makes an idyllic partner with echinacea. (above top) American Gold Rush will be loved by bees and butterflies like this Gray Hairstreak and seeds left to mature will be enjoyed by visiting songbirds. (above botom) American Gold Rush rudbeckia, the 2023 Perennial Plant of the Year, is disease resistant and in this photo creates a prairie look with ornamental grass.

you will quickly notice. The plants reach up to 27 inches tall with a wider spread to 40 inches. In other words, it makes a real show. While it brings in bees and butterflies, patient gardeners will notice favorite songbirds come to enjoy the delicacy of maturing seeds.

This rudbeckia was made for our native soils. As long as your soil is well-drained, you don’t have to worry about adding copious amounts of amendments or trying to mod ify pH as alkalinity and acidity are typically not a problem. Choose a site with plenty of sun. American Gold Rush is recommended for zones 4-9, so most of the country can relish in its beauty. Space your plants at 36 to 40 inches to allow for the welcomed spread. In late winter or very early spring, cut back like you do other perennials.

You can’t beat creating a prairie or meadow look com bining with native grasses. The Garden Guy, however, will be combining his with plants in the pollinator garden like Color Coded echinacea, Uplugged So Blue salvia, Meant to Bee Queen Nectarine agastache and Upscale Red Velvet monarda.

Make your plans now: Get in on the American Gold Rush and join in the 2023 rudbeckia celebration.

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.

Courtesy of Intrinsic Perennials/TNS

Courtesy of Missouri Botanical Garden/TNS

Photo courtesy Norm Winter/TNS

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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.

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