Sunday, April 24, 2016

What drought? East Bay gated community orders homeowners to green up - San Jose Mercury News

What drought? East Bay gated community orders homeowners to green up - San Jose Mercury News

BLACKHAWK -- The homeowners association for this upscale, gated community has threatened to fine homeowners for brown or dead lawns and landscaping despite a continuing state drought emergency. "We believe that allowing the drought to negatively impact the landscaping at any Blackhawk home does a disservice to property values throughout the community and is a violation of our CC&Rs," wrote Mark Goldberg, the community manager for the association, in a letter that went out to 2,027 Blackhawk homes, just east of Danville, last month. Effective June 1, the association will begin "aggressive enforcement" of landscaping standards that could include issuing fines, filing lawsuits, doing landscaping improvements and handing the bill to the homeowner or turning off gate clickers to enter the community."

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This, despite the law:

California Civil Code Section 4735:



"(c) Notwithstanding any other provision of this part, an association, except an association that uses recycled water, as defined in Section 13050 of the Water Code, for landscaping irrigation, shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during any period for which either of the following have occurred:

(1) The Governor has declared a state of emergency due to drought pursuant to subdivision (b) of Section 8558 of the Government Code.

(2) A local government has declared a local emergency due to drought pursuant to subdivision (c) of Section 8558 of the Government Code."


1 comment:

IC_deLight said...

How convenient that the management company would recommend a course of action designed to put money in the hands of the management company.

Who is "we"?

Since Goldberg believes so much in restrictive covenants perhaps he could eliminate the problem entirely by recommending a CCR amendment that prohibits any kind of foreclosure, drought, aging, and death. Good luck with that.