Current Community Alert
A Service Provided by the Marquez Knolls Property Owners Association (MKPOA)
Thursday, April 6, 2023
MKPOA Meeting Place Directions
Wednesday, April 5, 2023
View Protection CC&Rs Comprised.
On June 20, 2019, MKPOA was informed that the appellate court chose not to enforce a view restriction in CC&R paragraph 11, recorded in 1962, and instead ruled in favor of a neighboring property owner’s free use of land (Eisen vs. Tavangarian). It interpreted Paragraph 11 to apply to trees and hedges view obstructing, but not to obstructions due to remodeling/additions to the main house.
Greenberg Glusker blog sums up the essence of the problem: Paragraph 11 of the CC&Rs prohibits “any structures erected that may at present or in the future obstruct the view from any other lot.” The complaining neighbor in the Eisen vs. Tavangarian case prevailed at the lower court level when the judge found that various improvements to a newly renovated $9.4 million home “unreasonably obstructed” the plaintiff’s ocean views.
The appellate court reversed the trial court’s decision. It framed the issue as a seemingly straightforward question: “Does paragraph 11 of the CC&R’s apply to alterations or renovations to existing homes?”
In 2005, the same appellate court, in a case entitled Zabrucky vs. McAdams examined nearly identical CC&Rs of a neighboring tract in Marquez Knolls. That court held that paragraph 11 applied to any alteration or remodel of an existing dwelling that “may at present or in the future unreasonably obstruct the view from any other lot.”
Over a decade later, the Eisen court stated that the Zabrucky majority misread paragraph 11 of the CC&R’s. The Appellate Court ultimately concluded that paragraph 11 restricts only building a new structure, and not making alterations to an existing one.……MKPOA became alarmed that the Eisen appellate court decision and its reasoning could weaken view protection for all Lachman CC&Rs with its interpretation of Paragraph 11, that has effectively removed view protection when your neighbor remodels the house. The threat is that tear-down/renovation has become the “new normal” in Marquez Knolls.
Since June 20, 2019 MKPOA has written an Amicus Letter to the Appellate Court to reconsider the case - denied; has hired an attorney to submit an Amicus Letter to the California Supreme Court to review the case - denied; is investigating the option to revise the language in the CC&Rs to make it “court proof.” Read more about MKPOA action defending CC&Rs in Amicus Actions - Eisen vs. Tavangarian.
return to Marquez Knolls Bulletin Board
Monday, April 3, 2023
LAPD Warns of "out of town stranded relative" Scam
FEDERAL AND LOCAL OFFICIALS WARN AMERICANS OF RISE IN TELEPHONE SCAMS TARGETING U.S. CITIZENS FROM WITHIN AND OUTSIDE OF THE U.S.
Law enforcement has seen an increase in the number of reports by victims of telephone scams where the caller impersonates a family member of the victim and concocts a phony scenario suggesting the relative is in distress, it was announced today by Steven Martinez, the FBI’s Assistant Director in Charge of the Los Angeles Field Office; AndrĂ© Birotte Jr., the United States Attorney in Los Angeles; and officials with the United States Postal Inspection Service, the Los Angeles Police Department and the Los Angeles County Sheriff’s Department.
Coyote and other Wild Life Sightings in Marquez Knolls
Jim Rea's and Klaus Radtke's comments below brings our wild life into perspective.
Los Angeles Fire Department Red Flag Days
Q: What is a Red Flag Day?
A: Red Flag Day is when weather conditions are such that the potential for a fast-moving brush fire is extremely high. The conditions are defined as wind speeds 25 mph or more and humidity 15% or less.
Q:How often will there be Red Flag Days?
A: Over the past ten years, the maximum number of Red Flag days was 12. The normal range of Red Flag days per year was between four to seven.
Q:How were the areas identified?
A: Local Station Commanders were asked to survey their districts and identify the areas that would create a problem for citizens while evacuating and for fire companies entering the area during a fast moving brush fire. Station Commanders were directed to identify narrow roads, tight curves, and critical intersections that would create choke points. The areas identified were reviewed by the Fire Department and Department of Transportation to make sure the criteria for posting was correct. Once identified, these areas were posted by the Department of Transportation.<
Q:Why are these areas only enforced on Red Flag Days?
A: There is an everyday potential to create a choke point in these areas that could impact the delivery of emergency services, but during normal operation the situation of mass exodus from a particular area is much less likely than during a brush fire situation. The operators of emergency vehicles will normally have more than one route into and out of an area and can direct companies to a location if one route is not accessible.
N ADERNO WAY |
N CATALONIA AVE |
N GREENTREE ROAD |
N LUCERO AVE |
N LUCERO PL |
N MANTUA ROAD |
N MARINETTE ROAD |
N OLD RANCH ROAD |
N PASEO MIRAMAR |
N RESOLANO DR |
N RIVAS CANYON ROAD |
N RIVAS CANYON ROAD |
N TEMESCAL CANYON ROAD |
N VISTA PACIFICA |
N WILL ROGERS STATE PARK ROAD |
W BREVE WAY |
W CASTELLAMMARE DR 1-14 |
W EVANS ROAD |
W LECCO LANE |
W LOS LIONES DR |
W OLD OAK LANE |
W PORTO MARINA WAY |
W POSETANO ROAD |
W REVELLO DR |
W STRETTO WAY |
W SUNSET BLVD |
W TRAMONTO DR |
W VICINO WAY |
If you live on or visit these streets, please click on List of Red Flag Day Street Addresses in CD11
for detailed address information as the restrictions may not apply to all addresses on the streets listed above.
How to Open a Locked Zippered Suitcase
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