In January, the Second District Court of Appeal issued its opinion about the validity of the property deed restrictions and the propriety of the 2012 sale of parkland in Palos Verdes Estates. The Palos Verdes Homes Association — still convinced it has the absolute power to sell parkland — asked the California Supreme Court to weigh in and hear the case. On April 11, 2018, the Supreme Court declined. Thus, the 2015 ruling by the Superior Court and the January 30, 2018 Court of Appeal ruling are now the final word on whether the Palos Verdes Homes Association has the power to sell parkland.
In January, the Second District Court of Appeal issued its opinion about the validity of the property deed restrictions and the propriety of the 2012 sale of parkland in Palos Verdes Estates. The Palos Verdes Homes Association filed a Petition for Rehearing asking the same three appellate justices who decided the case to change their mind. Today that request for a rehearing was denied. In addition, the Court of Appeal strengthened its earlier decision by adding the following footnote to the opinion on the validity of the deeds:
The Association argues that it had the right to transfer the parkland to the Luglianis because this original declaration was never properly amended. But, the Chairman of the Association’s board expressly consented to the terms of the 1940 deed. By expressly agreeing to those terms, the Association cannot now argue that Bank of America had no power to include them.
The Daily Breeze reports here on the going legal dispute over the quorum for board elections for the Palos Verdes Homes Association:
The next hearing is set for Feb. 15, where Jeff Lewis, an attorney for the plaintiffs, said he will ask the judge to lower the threshold for a quorum. A quorum hasn’t been reached since 2009. In 2017’s election, just 1,589 votes were cast.
The Daily Breeze published this article about the decision by the Los Angeles Superior Court granting Jeff Lewis’ motion for summary judgment and finding a sale of parkland to be illegal.
The Daily Breeze reported about the lawsuit filed by Jeff Lewis to challenge an illegal sale of parkland in Palos Verdes Estates.