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HomeMy WebLinkAboutCLOSED SESSION Late Document 01/05/2009Padovan, Deborah From: Diane Reilly Torres [dreillytorres@sbcglobal.net] Sent: Monday, January 05, 2009 4:39 PM To: Padovan, Deborah Cc: Brown, John; Kae Basque; Marcella; Peggy Day; Puntgorda@att.net; williamdonahue28 @hotmail.com Subject: Comment on Sandalwood Est LLC v City of Petaluma SCV 244098+Sandalwood Est LLC v City of Petaluma SCV 244110 To the City Clerk, Can you please print these 2 links httD://www.mobilehomelaw.com/odfs/JournalAuaO7Coldren.Ddf httD://www.mobilehomelaw.com/odfs/JournaiDecO7Coldren.r)df (written by Sandalwood Estates LLC's attorney) for my comment on this item EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9): Sandalwood Estates, LLC v. City of Petaluma, Sonoma Superior Court No. SCV 244098 and Sandalwood Estates, LLC v. City of Petaluma, Sonoma Superior Court No. SCV 244110. Thank you, Diane Reilly Torres (It's my B -day so I can't make it) The first one he states "Although it may be impossible to prevent every lawsuit regarding a manufactured housing community, Hart, King & Coldren has outlined several tips, gathered from our experience representing manufactured community owners, which can help reduce your exposure to frivolous and preventable lawsuits."...... • Long Term Leases: Long Term Leases may exempt the community from rent control. Although some communities are currently not in rent control jurisdictions, there is still the ever-present risk that rent control will be adopted........ the other one says "Create An Emergency Preparedness Plan: Be prepared for a disaster before it happens. California is prone to earthquakes and fires. Other areas of the United States are subject to hurricanes, typhoons and other natural disasters. Having a plan before a disaster strikes can help save lives and help prevent the community owners from being sued for negligence should a disaster occur." The Cleric of the Superior Court said one of these cases were dismissed 12-17-08 SCV-244110 12-3-2008 PETITION Writ of mandate DISMISSED 12-17-08 SCV-244098 SANDALWOOD ESTATES V CITY OF PETA PETALUMA, CITY OF (RS) SANDALWOOD ESTATES LLC (PE) (ALPERT, MARK D HART ICING & COLDREN 200 SANDPOINTE 4T H&;FL SANTA ANA CA 92707) (COLDREN, ROBERT S) &nbs p; (DAHLIN, C WILLIAM) 1 Writ of mandate 12/05/2008 (HART, KING & COLDREN) SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION (RS) httA:Hanoel latecases.courtinfo.ca. eov/search/searchResults.cfm?dist=l &search=r)arty Sandalwood Estates vs. City of Petaluma (Sandalwood I. 30. Appeal) Court of Appeal, First Appellate District, Case No. A102613) Robert Coldren preventable lawsuits. Tips For Keeping Your Community Out Of Lawsuits Although it may be impossible to prevent every lawsuit retarding a manufactured housing conununity, Hart, King & Coldren has outlined several rips, gathered from Our expe- rience representing manufactured community owners, which can help reduce your exposure to hLVOIOl15 and • Comprehensive residency application: By creating a compre- hensive residency application, you can discover far more information about the residents and their quilificatiOns to rent a homesite in your community. By discovering this in Farina tion earlier, your managers Lire better able to filrer our potential disruptive or troublesome resi- dents before they reside in your community. Caveat: State lav, such as the California Mobdehonte Residency Law, may limit the grounds for denying ;In application for tenancy — so do not ask for information you cannot use. Long Term Leases: Long Term Leases may exempt the CUmmn- nity trom rent control. Although sone communities ire currently not in rent control jurisdictions, there is still the ever- present risk that rent control will be adopted. • Alternative Dispute Resolution Agreements: Offer arhtnnuon and mediation agreements. Such agreements allow disputes between the community and the community residents to be resolved by a rela- tively informal proceeding, rather than trial, avoiding the consider able costs and uncertainties associated with ❑ jury trial. Unlawful detainer actions and actions regarding rule violations should be ex- empted from alternative dispute agreements, to avoid delay. • Maintain Regularly Scheduled Infrastructure Inspections: If your community does not do so already, establish regular inspections Of the roads, utility systems, and infrastructure in your community. Nor only will this help prevent accidents (and lawsuits) from occur- ring in your community, but ensuring that the roads, uulity systems, and infrastructure in your community are in good repair will nuprove resident relations, and reflects a sense of prude in ownership for both the resident and the community owner. In addition, California and federal regulations require community owners to conduct tests of the utility systems, such as the water, elec- tricity, gas, and fire protection systems. Other storey may have Sam - far regulations; in any case, the federal requirements apply in all stares. • Conduct Regularly Scheduled Maintenance of Common Area Facilities: Community owners are responsible for maintaining the conmmun area facilities. By conducting regularly scheduled mainte- nance of the common area facilities, the cculanio tl owner can pre- vent accidents (out] lawsuits) concerning failure to maintain the common areas of the community. Make sure that trees in the common areas are well maintained. Nlakc .sure that the pool and/ or spa in your community as regularly maintained ,and that all rules are dearly posted. Conduct, at a minimum, yearly inspections of the exterior of resi- dents' homes and landscaping to ensure Than the community as look- ing its best. • Enforce The Community Rules Effectively: Document all vu - clarions of the community rules and regulations. Send "friendly re- minders, " advising residents of the need to comply with the ctmnmua- nin's rules and regulations. Promptly serve the appropriate notices to cure the violations. Be prepared to proceed with all injunction or ter- mination of tenancy if the violations are not cured. Consistently en- forcing your rules and regulations for all residents, reduces the risk of a claim that the community IS discriminating against a particular resi- dent. Furthermore, enforcing the maintenance standards set forth in your residency documents can help reduce the risk of claims by other homeowners that their property is being devalued by deteriorated con- ditions in the community. Have vehicles parked in violation of com- munity rules and regulations rowed, being careful to comply with the requirements of state law regarding towing. • Form Positive Resident Relations: Org:mi-e community .social events. One excellent example is having various health argani_ations and the load fire department cone to the unnmunity and give the res- idents Information about their health :rod safety. Ice cream socials, birbeques, and holiday parties can he wonderful social events limy your community that can foster positive resident relations. Develop an open door policy that welcomes residents to discuss issues with management. Combined with the next rip, developing management policies and pro- cedures, the open door policy promotes positive resident relations, minimi-ing lawsuits against the community by unhappy residents look- ing fur a way W get the community owners attention. • Develop Management Policies And Procedures: Develop it handbook for on- site managers, setting forth community policies and procedures. Develop a method to organce all relevant documenta- tion, and purge Al unnecessary documents. One problem faced by many community owners us the massive amount of paperwork and records that must he retained by the community managers. Establish a document retention policy and develop it method to file, label and store all relevant documents. Investigate and follow up with resident complaints in a timely fashion. This allows you to quickly catch rude violators and remedy problems before the need to resort to legal ctmm- s'el, or worse, the courts. Educate Your Community Managers: Conduct seminars on community policies and legal requirements applicable to manufactured home communities. A number of indusul'-sponsored seminars are available. • Have Positive Involvement With Local Government: Get to know and encourage your community managers to know the local gov- ernment officials. By developing it good working relationship with them, problems can he avoided or more readily resolved. Community owners and managers should be encouraged to know, their local De- pannmeat of Housing and Community Development (HCD) inspector, is HCD is responsible for inspecting the community common areas and mnbilehomes, and issuing permits for new home and nccessory instal- IatiOnS. It is also n good Iden to know your local city council ,rod local building Inspector. • Create An Emergency Preparedness Plan: Be prepared for a disaster before it happens. California is prone m earthquakes and fires. Other areas Of the United States .are subject to hurricanes, typhoons and other natural disasters. Having a plan before a disaster strikes can help save lives and help prevent the rommunity owners from being sued for negligence should a disaster occur. The Red Cross or gov- ernment agencies may be able to provide guidelines- for in emergency preparedness plan for your community. • Have Adequate Liability Insurance Coverage: Mike sure that the community h;is,idequnce liabiliq, insurance coverage, and that the insurance is renewed on a touch, hasis and coverage is in existence of ell times. Pcriodicolly re\'ICW the coverage needs of your community to ensure that your cnnununity is adequately protected. Um Rol, Coldren is a founding partner of Hart, King & Coldren, a professional la , f nn in Scrota Ana, California. For oter Once decades, Mr. Coddren'.s practice has emphasized tepre.sentauon of mobilehome parks, recreattunal ra- Iucie parks, cu tvell as park ouners and managers. He can be reached at rcnl- dren V hkdmn.com. Beau M. Chung is an associate with Hart, King & Coldren specializing in business and real property litigation. He can he reached of hdnmgtahkdtnu.cum. Both can be reached by phone at (714) .1;7-8700. Legal Issues For Mobile Home Parks Regarding Disaster Preparedness 1A=`- = - =°_=- " In the ever expanding world of -- - = mobile home park liability, it is fore- seeable that our parks will be sued for failure to properly plan for the next natural disaster. Where are a number Robert Coldren Of cases holding mobile home parks Lind other housing providers liable for injuries caused by tenants' VICIOUS dogs and violent tenants. These cases can be am ilogixd to situations involving natural disasters. In California and possibly in other states, there are also specific statutory requirements relating to natural disas- rers which apply to mobile home parks. These cases and statutes, as well as good old-fashioned common sense, dictate that mobile home park owners and managers adopt and implement emergency prepared- ness plans. III Donchin V. Guerrero (1995) 34 Cal, App. 41" 1832, 4l Cal. Rpt. 2d 192, the Court of Appeal allowed a person who was in. jured by a tenant's two Rottweilers while walking her small dog, to sue the landlord, holding that the landlord owed the Victim a duty of care if he knew of the dogs' vicious propensities and did not take pre- cautions to prevent the victim's injuries. In Andrews i. Afohile Aire Esratas ( 2005) 125 Cal. App. 4'1' 578, 22 Cad. Rprr. 3d 832, the Court of Appeal held that a resident of a mobile home park could sue the park owner for breach of the lease for the park's alleged failure to take any action against a troublesome neighboring resident. What these cases have in Cutmmmmun is that they hold that landlords can be held liable for injuries caused by third parties. The basic test applied by the court in each case was whether the Injury was "foresee- able" and whether the landlord was "negligent" by failing to take rea- sonable steps co avoid injury. By analogy, a mobile home park owner who fails to take reasonable steps i1' avoid injury and damage from natural disasters is exposing himself to potential liability. While eve never know when a disaster will strike, we know from recent experience that California is subject to high avinds and massive wild tires. Of course, California is also known for its earthquakes, A court could therefore hold that damage from one of these natural disasters was "furesecable. " A court could further find rhat park management was "negligent" if it failed to cake reasonable sups to minirnr_e damage from nmmTl disatsters. This is particularly true in view of senates requiring mobile home parks to have personnel available in the event of an emergency, and to have emergency procedures in place. The following are valuable disaster Preparedness plans to have in place in case of an emergency or natural disaster. Some are smtutes ap- plicable to mobile home parks in California, but regardless of your sure, each are key to protecting your community's safety. Lvery mobile home part: should have a person available who will be responsible for Lind respond to ;I timely manner to emergencies con- cerning, the operation and nmintenance of the park. That person or his or her designee must reside in the park and have knowledge of emergence procedures relative to uciliy systems and common facilities under the ownership and control of the owner of the park. In each park, the operator must post on the park premises the cur, rent emergency telephone numbers for, of a minimum, the gas corn - pan), and the fire department, and the responsible person. The park operator must utaintnm on the park premises an emergency procedure, which shall be used In the event there is n gats leak or other safety haz- ard in the gas distribution system. The park operator is further re- quired to inform each of the tenants of the mobile home park of the location of these emergency telephone numbers and the emergency Procedure. Park management should routinely inspect and maintain the park infrastructure. Be sure that the park has adequate water pressure to extinguish fires, and that the drainage system is kept dear of debris. Park management can and should enforce all of the park rules and regulations, especially those relating to health and safety. Do not allow residents to accumulate debris or other flammable materials at their spaces, or to block tttdiry shutoffs. Do not allow un -Street parking if this would bloc: access by emergency vehicles. Consider earthquake bracing of mobile homes. Pari: management can keep emergency supplies readily accessible. The supplies need to he checked and replenished periodically. Park management should consider storing emergency items such as food, water, blankets, radios, and flashlights to last at least a week. As can be seen from the recent Hurricane Katrina disaster, help may not he available lilt many days. Park management can adopt in evacuation plan, and enlist the aid Of park residents through training and practice sessions. Blake sure ro get your park residents involved so it can he a "team" effort. By taking reasonable protective measures before o natural disaster strikes, mobile home park management can minimize its legal liabil- ity. Hopefully, courts will undersmncl that disasters are disasters, and than Park Owners should not he liable for injuries resulting from them. N Rol, Coldren is a founding partner of Hart, King & Coldren, a 1,141' Jinn in Santa Ana, California. For over three decades, Mi. Coldren's practice has emphasized representation of mobile horse parrs and recreational vehicle parka, as well as park ou,nes, throughout the Stan.- of California, He may he contacted at 714.-131.8700.