Opinion
- Details
- Written by: Darrell Watkins
Incredibly, the lawsuit says, defendants violated covenants, conditions and restrictions (CC&Rs) of their own association, specifically Article XII, the enforcement clause. Defendants violated this clause by arbitrarily fining incompliant homeowners instead of following the judicial process described therein.
By fining, the board was also amending the CC&Rs without the approval of the owners, a violation of Article I which declares only a majority of the owners may make changes to the governing documents. A vote of 50 percent plus one is needed to implement changes.
The defendants not only adopted fining without the approval of the owners but they fined outrageous and illegal amounts when they fined. One owner was fined more than $20,000 for not cutting brush properly, according to the lawsuit. This violates California Civil Code section 1366.1 which states, “An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.”
The lawsuit also says the association is breaking election laws, paragraph 18, “… On information and belief, the board did not conduct the election in compliance with California Civil Code section 1363.03 which governs elections to the boards of directors of common interest developments and associations. On information and belief, board member-candidates improperly took part in the preparation of the ballots for the September 2008 election. Instead of an impartial process overseen by neutral third parties as required by statute, one of the candidates of the September 2008 elections wrote the explanation letter the board sent to the owners with the ballots and another candidate designed the ballot. Board members and their employees, who had an interest in the outcome of the election, not only had possession of blank ballots and ballot envelopes until the voted ballots were counted, they also had possession of the voted ballots until the morning they were counted, instead of being held by a disinterested third party until after counting them as required by California Civil Code section 1363.03 Plaintiffs therefore have no confidence in the outcome of the election and believe the board and their employees may have engaged in “stuffing the ballot box” in their favor. These actions of the board violated California Civil Code section 1363.03.
Other charges are based on California law violations. Clear Lake Riviera homeowners should pay attention to this lawsuit. They should read for themselves and decide if the board is violating their CC&Rs and breaking the law. Sometimes association boards don’t know CC&Rs are a two-way street. Homeowners can legally enforce CC&Rs upon associations just as easily as associations enforce them upon owners.
If the Clear Lake Riviera Community Association is out of compliance with their own governing documents and California laws, they will surely lose this lawsuit. Homeowners will be responsible for millions in special and general damages as well as legal fees. Anyone buying property in the Riviera should be aware of this litigation and its charges until it's settled. Anyone selling Riviera property should disclose this litigation.
Darrell Watkins lives in Kelseyville.
{mos_sb_discuss:4}
- Details
- Written by: Patty Berg
It has been an extraordinary six years. We have been through a lot. We fought for road projects and river protection. We have struggled to close budget deficit after budget deficit. We have been through terrible forest fires, and have literally weathered the storms.
I have tried to help in big ways and small. I worked on the individual needs of those who sought my help. I wrote laws to protect our environment, to safeguard our senior citizens, to bring opportunity to our school children, to ensure patients’ rights, and to help local government better care for people in need.
This really has been the opportunity of a lifetime, and I am eternally grateful for the privilege that has been afforded me, and the endless support I have enjoyed.
It is not easy to leave the Legislature, mainly because there is so much work left to be done. It has always been my nature to stick with projects until they are finished.
But the work of public service, by its nature, is never completed. It constantly calls to the next person and to the next generation to come lend a hand, to share the responsibilities of community life.
To those of you who would step forward and serve your community, I wish you well. And to all of you, please accept my sincere and heartfelt “Thank you.”
Patty Berg is the outgoing Assembly representative for the First Assembly District, which includes Lake County. Her term ended at midnight Nov. 30. She is being succeeded by former state Sen. Wes Chesbro.
{mos_sb_discuss:2}
- Details
- Written by: Avery Schlesenberg and Bill Kearney
Sutter Lakeside continues to be a full-service hospital, providing emergency services 24 hours a day, seven days a week, through our Level IV trauma center; round-the-clock care for the critically ill in our intensive care unit (ICU); inpatient and outpatient surgical services, including endoscopy and joint replacement; home health services throughout our community; and obstetrical services including labor, birth, postpartum, and newborn care for mother and baby.
Sutter Lakeside Hospital has continued to invest in new patient safety and life saving technology, added or enhanced services, and upgraded our facility. For example, over the past few years we have:
Opened a 28,000-square-foot wing including an expanded emergency department;
Dedicated a state-of-the-art medical imaging services featuring a new CT scanner, MRI and digital mammography suite;
Installed Picture Archival Communications Systems (PACS) filmless medical imaging, enabling physicians in different locations to quickly and easily access high quality images and simultaneously consult with one another;
Launched “eMAP,” which uses barcode technology to better ensure safe delivery of medications;
Implemented the eICU system, which enables specially trained physicians and nurses to use early warning software and advanced video and remote monitoring to keep an even closer eye on critical-care patients 24 hours a day, seven days a week;
Began a hospitalist program – hospitalists are physicians who specialize in providing hospital-based care when asked to do so by the patient’s physician;
Enjoyed steady growth of our outpatient medical services, including surgical procedures, laboratory, physical therapy, imaging, Family Medicine Clinic and our Upper Lake Community Health Clinic;
Invested in improvements to our parking area, including a traffic “roundabout,” to facilitate a safer, more orderly flow of vehicles near patient care areas and the adjacent medical office buildings;
Secured funding through the generosity of our community to implement mobile health services in 2009. Staffed by clinical experts, a new 37-foot mobile medical unit will travel to rural areas of Lake County delivering general medical care and preventative programs to qualifying residents without access to basic health care services.
Sutter Lakeside Hospital has continued to expand the outpatient services it provides to the community and is expanding its physician network. As an affiliate of the strong Sutter Health network in Northern California, we’ll continue to lead the transformation of health care to achieve the highest levels of quality, access and affordability.
Avery Schlesenberg is interim chief executive officer of Sutter Lakeside Hospital and Center for Health; Bill Kearney is chair of the hospital's board of directors.
{mos_sb_discuss:4}
- Details
- Written by: Officer Mike Humble
As the School Bus Safety Officer, I have seen a growing trend in motorists not complying with the law designed to provide an extra level of safety for students who use the school bus as a means of transportation to and from school.
I think that some of the confusion is due to a lack of understanding as to when a motorist has to stop for a school bus when it has its flashing red lights activated.
In short, section 22454(a) of the California Vehicle Code reads that any vehicle upon meeting or overtaking, from either direction, any school bus displaying flashing red lights and a stop signal arm shall not proceed past the school bus.
While the law is specific and clear that motorists traveling in either direction shall stop, I regularly see motorists drive past a bus with its red lights flashing and its stop signal arm deployed.
Upon making an enforcement stop on a motorist for passing a school bus with its flashing lights on, some of the most common excuses I get are: “The bus is on the other side of the road,” “There’s a two-way left turn lane between us, and I don’t have to stop,” or the very concerning statement I get on occasion, “What school bus?”
Because I, too, believe that the children are our future, please be extra vigilant when you see a school bus on the road with its red flashing lights activated, no matter which direction you are traveling.
And if you’re in doubt, please err on the side of caution whenever you’re sharing the road with a school bus. Each day that our children get to school and return home to us safely is its own reward.
Officer Mike Humble is with the California Highway Patrol's Clear Lake Area.
{mos_sb_discuss:4}
How to resolve AdBlock issue?