5.6.20 Appointments Now Available for Limited Services

MODERATED LIMITED EXPOSURE APPOINTMENTS

The Palos Verdes Homes Association understands the need for Homeowners, Architects, Contractors and other industry professionals to have access to the archival depository of construction documents and historical records for every property in Palos Verdes Estates and Miraleste. Of greater importance is protecting every person’s health and safety during the global pandemic. To do both requires a controlled procedure to mitigate the inherent risk.

Beginning Wednesday May 6, 2020, the Palos Verdes Homes Association office will be transitioning to a limited ‘appointment only’ basis to:

  • Allow one project representative at a time the opportunity to review and/or trace existing architectural drawings to facilitate the advancement of their project.
  • Allow Homeowner to sign a plan release authorizing printers to produce copies of existing plans (validation of ownership is required – copy of the title or deed and valid driver’s license).  If homeowner is remote, please call PVHA for options.

All other services will follow the current procedures (updated April 8, 2020) by email and through the pick-up/drop-off bins until further notice or as we see fit.

Each representative must comply with all of the following mandatory criteria.  There will be no exceptions.

Appointment hours: 9:00am – Noon and 1:30pm – 4:00pm Monday, Wednesday, Thursday, Friday.  We will remain closed on Tuesdays.

Duration of Appointments:   30 minutes up to maximum of 60 minutes. Scheduled at :00 and :30 of the hour. Appt. times will be strictly observed – plan accordingly – no overlapping

Making your appointment:   APPOINTMENTS BY PHONE ONLY – 310 373 6721

You will be asked to provide the following information:

Your name – Phone number – Relationship to project – Address of project you wish to view – Reason for appointment – Address of other properties you wish to view – Plans will be ready for you when your appointment begins

What you will need:   A face mask that covers your nose and mouth must be worn at all times

You shall maintain social distancing guidelines

You shall bring your own tools and materials required to perform your task

IMPORTANT!  In the last 6 weeks, if you have had exposure to a person who has tested positive for the virus, or if you have exhibited any symptoms generally associated with the common cold, flu or coronavirus, then please stay at home and focus on getting better.  Do not put anyone at risk.

Thank you.

PVHA Staff

5.5.20 View Resolution No.187

RESOLUTION NO. 187

RESOLUTION OF THE BOARD OF DIRECTORS OF THE PALOS VERDES HOMES ASSOCIATION ADOPTING GUIDELINES AND ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ASSOCIATION’S AUTHORITY TO MAINTAIN VIEWS, AND A POLICY THAT ENFORCEMENT OF THE ASSOCIATION’S AUTHORITY SHALL BE DONE BY INDIVIDUAL MEMBERS.

WHEREAS, ARTICLE V, SECTION 7 OF THE DECLARATION OF

ESTABLISHMENT OF BASIC PROTECTIVE Restrictions, Conditions, Covenants, Reservations, Liens and Charges and Certain Local Restrictions (Hereinafter referred to as “Restrictions”) of Palos Verdes Estates and portions of Miraleste provides in part:

“Representatives of the Homes Association… shall have the right at any time to enter on or upon any property for the purpose of cutting back trees or other plantings which may grow up to a greater height than in the opinion of the Homes Association is warranted to maintain the view and protect adjoining property.”

WHEREAS, The Board of Directors (the “Board”) of the Palos Verdes Homes Association (the “Association” or “PVHA”) adopted Resolution No. 146 in November 2000, Resolution 150 in November 2002, Resolution 156 in May 2005,

Resolution 159 in July 2006 Resolution 165 in March 2010, Resolution 169 in

March 2013, Resolution 172 in April 2015, Resolution 182 in July 2018 and Resolution 185 in May 2019 to establish procedures for its members to utilize the authority of the Association to correct view impairments created by trees or other plantings;

WHEREAS, the Association has had experience with Resolution No. 146, No. 150, No. 156 No. 159, No. 165; No. 169; No. 172; No. 182; and No.185;

WHEREAS, it is the Association’s policy to encourage voluntary resolution of view impairment disputes between Members who are directly involved whenever possible;

WHEREAS, PVHA interprets “view” as follows:

A. For properties purchased prior to the date of enactment of this Resolution, PVHA interprets “view” to mean the view that existed when the Restrictions were filed, June 26, 1923;

B. For properties purchased subsequent to the enactment of this Resolution, PVHA interprets “view” to mean the documented view that existed at any time since the property was most recently purchased for fair market value through an arm’s length purchase or sale, as evidenced by a deed.

WHEREAS, the Association wishes to implement directives set forth in the Restrictions and adopt written procedures regarding its view impairment authority so that members may better understand the procedures and remedies available pursuant to Article V, Section 7, with the hope that this understanding will further promote the voluntary resolution of view impairment disputes;

WHEREAS, the Association wishes to provide guidelines for the evaluation and resolution of view impairment disputes; implement a clear process to residents for managing view issues and establish procedures for its Members to utilize the authority of the Association to correct view impairments which cannot be resolved between the parties;

WHEREAS, the Association hereby provides Members with this process for the resolution of view impairment disputes;

WHEREAS, the Restrictions do not state that the Association has the exclusive enforcement rights;

NOW THEREFORE, BE IT RESOLVED that the Board of Directors of this corporation does establish and adopt the following procedure for the application of the Restrictions to view impairment disputes, and a policy that enforcement of view impairment disputes shall be done by individual Members, not the PVHA.

1.   DEFINITIONS

“Scenic View” shall mean a view of the community and its special features such as landscapes, ocean, coastlines, city lights, canyons, golf courses, parkland, architecture, and greenery. This visually impressive scenic vista is to be evaluated from the “Main Viewing Area” of the residence.

“Main Viewing Area” shall mean the primary living area of a residential structure. If the primary living area of a principal residence is not located on the ground floor, the main viewing area means the primary living area of the principal residence. The “main viewing area” may be an abutting outdoor deck or patio area located at relatively the same elevation as the primary living area of a residence.

Bedrooms, master bedroom retreats, offices, hallways, closets, laundry rooms, mechanical rooms, bathrooms and garages shall not be considered main viewing areas.

“Significant View Obstruction” means a substantial obscuring of the scenic view, diminishing it’s attractiveness and enjoyment by the Member.

The following unranked criteria shall be considered in determining whether a Significant View Obstruction has occurred:

  1. The extent to which the foliage obstructs a scenic view from a Main Viewing Area.
  • The location of the obstruction within a view frame; foliage located within the center of a scenic view is more likely to be found to create significant obstruction than obstruction located on the outer edge of a scenic view.
  • The quality of the scenic view being obstructed, including obstruction of landmarks, vistas or other unique features.
  • The extent to which the scenic view has been diminished over time by factors other than tree growth, such as new additions or residences.
  • The extent to which the scenic view contributes to the value and enjoyment of the Member’s property.

2.   VIEW RESTORATION PROCEDURE

The following process shall be used in the resolution of view obstruction disputes between Members.

A.  Initial Discussion

A Member who believes that foliage on the property of another Member has caused a significant obstruction of scenic views from the Member’s main living area shall be known as the Complaining party. A Complaining party shall notify the foliage owner in writing of such concerns. The notification should, if possible, be accompanied by personal discussions to enable the Complaining party and foliage owner to attempt to reach a mutually agreeable solution.

The notification to the foliage owner should include this statement:

A foliage owner who prevails in litigation shall not be entitled to recover his/her/its attorneys’ fees and costs if the foliage owner has declined to participate in the Initial Discussion or mediation processes set forth in Sections 2 A&B of this Resolution.

B.  Mediation

If the Initial Discussion attempt fails, the Complaining party shall propose mediation as a means to settle the view obstruction dispute. The Complaining party shall invite, by registered or certified letter with return receipt, the foliage owner to participate in mediation.

A complaining party shall notify the PVHA of any request for mediation pursuant to the provisions of this Resolution. Such notification and documentation shall be for the purposes of Association record-keeping regarding the use of this Resolution only, and shall not obligate the Association to assist or advise a Member or participate in the dispute resolution process in any way.

The foliage owner shall have twenty (20) calendar days from service of a written request for mediation, as indicated on the return receipt, to accept or reject the offer of mediation. Failure to respond in writing by registered or certified letter with return receipt within twenty (20) calendar days shall be deemed a refusal of mediation.

Acceptance of mediation by the foliage owner shall be voluntary. If mediation is accepted, the parties shall mutually agree in writing upon a mediator within twenty (20) days of the acceptance of mediation, unless a different date is mutually agreed upon, or the offer of mediation shall be deemed to have been declined.

If mediation is accepted, the parties shall conduct a mediation within forty- five (45) calendar days of the foliage owner’s acceptance of mediation, unless a

different date is mutually agreed upon in writing. It is recommended that the services of a professionally trained mediator be employed.

The mediation meeting may be informal. The mediation process may  include the hearing of viewpoints of lay or expert witnesses, and may include a site visit to the properties of the Complaining party and the foliage owner.

The mediator shall consider the purposes and policies set forth in this Resolution in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for restorative action, but shall help the parties to resolve their dispute by written agreement in order to reduce the potential for litigation.

A complaining party shall provide the PVHA with a copy of a mediated agreement reached pursuant to this Resolution. Such notification and documentation shall be for the purposes of Association record-keeping regarding the use of this Resolution only, and shall not obligate the Association to assist or advise a                    Member or participate in the dispute resolution process in any way.

C.  Litigation

         (a)  In those cases where the Initial Discussion process fails, and mediation is declined by the foliage owner, or fails, civil action may be pursued by the Complaining party for resolution of the view obstruction dispute in the Superior Court under the provisions of this Resolution.

        (b)  A Complaining party shall provide the PVHA with a copy of the lawsuit, and any settlement agreement. Such notification and documentation shall be for the purposes of Association record-keeping regarding the use of this Resolution only, and shall not obligate the Association to assist or advise a Member or participate in the dispute resolution process in any way.

3.   Apportionment of costs

  • Cost of mediation. The Complaining party and foliage owner shall agree on the allocation of mediation costs, or allow the mediator discretion for allocating costs.
  • Cost of litigation. To be determined by the court or through a settlement, subject to the following exception: a foliage owner shall not be entitled to recover his/her/its attorneys’ fees or costs if the foliage owner declined to participate in the Initial Discussion or mediation process set forth in Sections 2 A&B,  above. The notice of the view obstruction dispute and the request for mediation provided by the Complaining party in accordance with Section 2 shall inform the foliage owner of this provision, and the consequences of

non-participation in the Initial Discussion and mediation processes.

  • Cost of restorative action. To be determined by mutual agreement or court order.
  •  Restorative Action

The PVHA advises that the following criteria be applied to Restorative actions:

(a)  Trimming of trees and shrubs should conform to ANSI standards and be performed  by an ASI licensed arborist;

(b)  Topping and severe pruning should be avoided due to the damage such practice causes to the tree’s form and health;

(c)  Restoration actions may include, but are not limited to the following, in order of preference:

          (1)  Trimming.  Trimming is the most preferable purning technique that removes excess foliage and can improve the structure of the tree;

          (2)  Vista Pruning.  Vista pruning of branches may be utilized where possible, if it does not adversely affect the tree’s growth pattern or health.  Topping should not be done to accomplish vista pruning;

          (3)  Crown Reduction.  Crown reduction is preferable to topping or tree removal, if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree’s growth pattern or health, or otherwise constitute a detriment to the tree(s) in question;

          (4)  Stand Thinning.  The removal of a portion of the total number of trees from a grove of trees, without any replacement plantings;

          (5)  Topping.  Eliminating the upper portion of a tree’s trunk or main leader.  Topping is only to be permitted for trees specifically planted and maintained as a hedge;

          (6)  Heading.  Eliminating the outer extent of the major branches throughout the tree.  Heading is only to be permitted for trees specifically planted and maintained as a hedge;

          (7)  Tree/Vegetation Removal.  Tree or vegetation removal, which may be considered when the abovementioned restoration actions are judged to be ineffective and may be accompanied by replacement plantings or appropriate plant materials to restore the maximum level of benefits lots due to tree removal;

(d)  LA County Fuel Modification standards also apply to Palos Verdes Estates, restricting tree placement and limiting the height of hedging depending upon their distance from structures.  Refer to LA County Fuel Modification specifications when selecting replacement vegetation.

(e)  The California Department of Fish and Game restricts trimming during the breeding season of raptors and other migratory non-game birds February 1 through September 1.  Refer to the Federal Migratory Bird Treaty Act and the California Fish and Game Code sections 3503, 3503.5 and 3513, when scheduling restorative actions;

(f)  Inclusion of a maintenance schedule in the agreement for trimming based on the individual species of tree and future view impacts.

5.   Liabilities

  • Members agree that the use of the process set forth in this Resolution shall not create any liability on the part of PVHA.

PASSED, APPROVED AND ADOPTED this 28th day of April, 2020.

                                                                                                                                                                                    Marlene Breene – President

Attest:

Savery Nash – Manager

2020 Election Update

At the January 14th Annual Meeting of the PVHA is was announced that there were 1864 valid ballots received or 34.4% of the properties, therefore short of the quorum requirement of 35% quorum requirement established by the court settlement and clearly short of the 50% quorum in the PVHA Bylaws.  . The measure to reduce the quorum to 35% passed 1229 to 534.  Without a quorum no business could be conduced and the Board adjourned until the regular Board Meeting on January 28th.

                      At the January 28th Board Meeting it was announced that, in the absence of a quorum, the current Board would stay in place.   It was then announced that Carol Swets had resigned and then President Dale Hoffman announced his resignation.  Current Board members are  Marlene Breene, Richard Fay and Charles Tang.  For information purposes the recent vote was announced as:

                                 John Harbison        1254

                                 Marlene Breene    1222

                                 Ried Schott            1209

                                 Gayne Brennerman       1087

                                 Richard Fay            1047

                                 Charles Tang                      963

At the February 25th Board meeting the current Board will decide on a process for filling the vacant Board seats.

Harry M. Brandel Jr. College Scholarship Application 2019-2020

The Palos Verdes Homes Association is offering qualified high school seniors, college students and graduate students an opportunity for awards from the Brandel Scholarship fund.

Guidelines state that eligible applicants must be accepted at or attending an accredited college or university with a major in architecture, civil engineering, land use planning or fine arts.  In addition, at least one parent must be a property owner in Palos Verdes Estates or the Miraleste area of Rancho Palos Verdes.  Selection criteria include academic achievement, essay, letters of recommendation and community activities.

The deadline is April 1, 2019.  Applications may be obtained from the Palos Verdes Homes Association office, 320 Palos Verdes Drive West, Palos Verdes Estates, at many school guidance centers and can be downloaded here Harry M. Brandel, Jr. College Scholarship 2019-2020

These educational scholarships were established in memory of Harry Brandel jr. who served on the board of Palos Verdes Homes Association for 44 years.

Please call 310-373-6721 for information.

Report of the Scheduled Annual Meeting of Members January 10,2017

Report of the Scheduled Annual Meeting of Members

January 10, 2017

 

President Frengs, as Chairman, welcomed those members and guests of the Palos Verdes Homes Association present and expressed appreciation to them on behalf of the Board of Directors for their attendance at the 91st Annual Meeting of Members of the Palos Verdes Homes Association. He then introduced the members of the Board, Association legal counsel, staff members and Association tree mediator. President Frengs directed the audience to the Inspector of Elections Retired Judge Michael Latin, and Melissa Harman, partner at Moss-Adams the accounting firm engaged to be responsible for the collection, custody and counting of PVHA member verifications and ballots.

Judge Latin explained that his role this year was limited in comparison to the oversight and processing of the multiple ballots and delivery methods last year.  This year, he arrived at Moss-Adams the day after the close of voting, verified the envelope count and determined that the count of envelopes was well under the requirement for a quorum. Judge Latin reported the number of envelopes received of 1589, 1122 short of the minimum required for a quorum to conduct an election.  Judge Latin turned the meeting over to Melissa Harman to explain the collection process.

Melissa Harman reported that all envelopes were received at Moss-Adams by a designated person in charge of receipt and ensuring custody in a secure location.  At 4:30 on January 4, 2017, a Moss-Adams representative was sent to the USPS Business Reply Center to collect everything that had been received at that location by 4:30.  The count was processed at 5:00 on January 4, 2017. Judge Latin arrived at 8:30 am January 5, 2017 and certified the count.

As there was no quorum of members, the meeting was incompetent to transact business and adjourned.

An informal question and answer period and general discussion followed.

 

Annual Meeting & Election Announcement Letter and update

If you did not receive your ballot or simply need a new business reply envelope please stop by the PVHA office at 320 Palos Verdes Drive during business hours between 8:30 and 5pm.  Please note that the office will be closed for the Holidays Friday December 23 2016 through January 2, 2017. 
Ballots are to be returned by mail using the business reply envelope provided in the Annual Meeting mailer prior to January 4th at 4:30pm, the close of voting.

 No ballots can be accepted at the PVHA office or at the Annual Meeting.  

NOTICE OF 91st ANNUAL MEETING & ELECTION OF DIRECTORS

We invite you to the ninety-first Annual Meeting of members, to be held Tuesday, January 10, 2017 at 8:00PM in the Council Chambers of the Palos Verdes Estates City Hall 340 Palos Verdes Drive West, Palos Verdes Estates, Ca 90274.

The PVHA was established in 1923 to interpret and maintain the Protective Restrictions that run with the land in Palos Verdes Estates and the Miraleste area of Rancho Palos Verdes. PVHA is a private, non-profit corporation governed by a 5-person all volunteer Board of Directors. If you own real estate in PVE or Miraleste, you are a member of Palos Verdes Homes Association. Every building site has one vote in the annual election of the PVHA Board of Directors. Over 4,139 architects, designers, real estate agents, contractors, members and prospective homeowners have visited the Homes Association office since the first of the year. There have been over 1,400 plan reviews and submitted so far this year. The real estate market is still going strong, over 119 Completion and Compliance Inspection reports for homes to be sold have also been processed. All residential and commercial plans, including any modifications, are available to view. Our knowledgeable staff is ready to answer questions and provide a variety of invaluable information at your request. Palos Verdes Estates and Miraleste are special areas on the hill because of the dedication of PVHA.

We are proud of the heritage of the Palos Verdes Homes Association and are committed to its principles, and effective operation. Our office and staff, located adjacent to city hall, is ready to assist members with inquiries and their property improvement projects.

ENCLOSED WITH THE MAILED ANNUAL MEETING NOTICE IS THE MEMBER VERIFICATION, ELECTION BALLOT, AND A PREADDRESSED ENVELOPE FOR RETURN BY MAIL.

Please do not delay! Ballots and member verifications must be received by the Inspector of Elections by the close of voting on January 4, 2017.

Your Board of Directors,

Philip J. Frengs Edward Fountain Dale Hoffman Carol Swets Carolbeth Cozen

NOTE: Candidate information can be found at pvha.org/candidates

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