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Yearly Archives: 2011

April 10-12, 2012
2012 National Congress & Expo for Manufactured and Modular Housing

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December 5, 2011  |  News and Events  |   Staff

The 2012 National Congress & Expo for Manufactured and Modular Housing will be held April 10-12, 2012 at Caesars Palace in Las Vegas, Nevada. HK&C partners, Rob Coldren and Bill Dahlin will be returning again this year to present at this national trade show created specifically for the factory build housing industry and considered to be the largest gathering of industry leaders.

Both partners have been asked to participate in two educational programs:

Tuesday, April 10, 1:30 p.m. – 2:45 p.m. “Key Legal Issues for Communities”

Find out about the simple steps you can take now to protect your community from potential legal liability problems as panelists provide guidance on a number of key community legal issues. Come join this session to get answers to your most pressing questions.

Thursday, April 12, 11:15 a.m. – 12:30 p.m. “Fair Housing/2012″

Presented by Rob Coldren and Bill Dahlin of HK&C, this workshop will cover the changing landscape of Fair Housing rules and enforcement faced by manufactured housing communities today. Changing a manufactured housing community from “55 and older” to “all age” is a critical and ongoing compliance and “cost of doing business” concern. Come hear the experts discuss the pros and cons of keeping or changing a communities “age based” designation and the questions you should consider. We will also cover issues presented by “testers” and what can be viewed as housing discrimination. Learn about and explore the overlap and distinctions between ADA and Fair Housing compliance for the manufactured housing industry and short-term rental RV parks which are increasingly facing issues that were traditionally long-term residency issues.

For more information, please contact Hart, King & Coldren at 714-432-8700 or visit show website at www.congressandexpo.com.

HK&C Expands Manufactured Housing Group with New Associate

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November 22, 2011  |  News and Events  |   Staff

Hart, King & Coldren is pleased to announce Justus Britt has recently joined the firm as an associate in the manufactured housing group where he will assist with unlawful detainer actions, abandonment proceedings and warehouse liens, among other real estate-related issues.

Mr. Britt specializes in real estate, land use and environmental law. Prior to joining Hart, King & Coldren, Mr. Britt worked for another Southern California firm where he primarily practiced Environmental Litigation and helped participate in a successful defense of a lawsuit by a Fortune 500 company that alleged ground contamination under the Comprehensive Environmental Response, Compensation, and Liability Act. Mr. Britt has also spent approximately two years working as an attorney for the National Rifle Association, helping to protect the use of traditional lead-based ammunition.

Mr. Britt earned his B.A. degrees from the University of Southern California and his J.D. from Chapman University School of Law in Orange, California. He may be reached at 714-432-8700 x. 336 or via email at email hidden; JavaScript is required.

Denial of Subdivision Application Reversed

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November 11, 2011  |  News and Events  |   Robert Coldren

Cavalier Mobile Estates is one of 18 mobilehome parks in the City of Oceanside. The mobile home park owners in Oceanside, including Cavalier, have been suffering under a confiscatory regime of rent control, whereby space rents are half of fair market value.

Cavalier filed an application for a subdivision map so the park could convert to resident ownership. A subdivision allows the park owners to sell the lots to the tenants at fair market value. The law also allows for rents to be raised to market value over time on lots which have not yet sold.

These “conversions” are protected by state law which limits the scope of the local governments’ review of such applications. Sadly, state law has not stopped cities that are politically motivated from attempting to block subdivisions. The Oceanside City Council voted to deny the applications because a majority of residents opposed the subdivision.

Cavalier filed suit in San Diego County Superior Court, challenging the City’s decision. On November 4, 2011, Superior Court Judge Stern reversed the City’s decision and held that the City could not deny the subdivision application based on resident opposition and that the City had to comply with government code.

Cavalier is owned by a large group of family investors, managed by Brian Alex with support of Lillian Chang. These long-time owners will hopefully very soon be able to realize the value of their investment and, in the process, help other owners in Oceanside do the same.

Lillian kindly expressed her appreciation for the work of Mark Alpert and the guidance of Rob Coldren. We appreciate their confidence in Hart, King & Coldren. However, there have been “bumps in the road” to get to this point. We know that progress is only made because park owners are willing to risk precious, limited resources in an effort to protect their property rights. The next time you see Brian or Lillian at an industry meeting, be sure to congratulate them and thank them for their efforts!

For more information please contact myself or Mark Alpert at HK&C at 714-432-8700 or via email at email hidden; JavaScript is required or email hidden; JavaScript is required.

Another successful represenation of a local property owner

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November 2, 2011  |  News and Events  |   Staff

Hart, King & Coldren is pleased to announce their successful representation of a local property owner involved in an eminent domain proceeding. In this proceeding, HK&C was able to obtain a resolution that provided slightly more than a 28% increase in value for the property owner. The offer from condemning agency was 3.5 million – the final resolution was 4.3 million!

The final resolution, once agreed upon, was concluded in less than one month. Congratulations to this property owner for a successful resolution.

For more information, please call Rob Coldren or Bill Dahlin at 714-432-8700 or they may be reached via email at email hidden; JavaScript is required or email hidden; JavaScript is required

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Rent Control Repealed in the City of Capitola

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October 14, 2011  |  News and Events  |   Staff

Last night, October 13, 2011, in a victory for property rights and good government, the City of Capitola City Council voted 3-2 to repeal its rent control ordinance. Park residents simply could not accept the loss of what they apparently believed was an entitlement to space rents of under $300 a month for a space perched on the beautiful Santa Cruz coastline. In the end, the City recognized that repeal was the only way to serve the interests of the community as a whole. Councilman Sam Story explained “I’d like to point out that the council and staff have an obligation to the entire city and have to look¬out for the well-being of the entire city.”

Most importantly, the repeal is a victory for the Reed family that owns the park. After learning of the decision to repeal, Ron Reed said, “This has been extremely hard on the Reed family for the past 30 years. When we bought the property, we didn’t ask for rent control. I feel like the Reed family finally got their good name back. We were made to look like villains in the media, even though we treated our tenants very well. We were not the worst people. I can’t say enough about Rob Coldren, Mark Alpert, Bill Dahlin and John Pentecost and the whole team at Hart, King & Coldren. Their skills were instrumental in obtaining this victory for us and I hope it paves the way for other park owners in the same dilemma.”

The real credit belongs to Ron and Randy Reed and family, who have persevered through years of battles with the City of Capitola. Ron Reed helped build Surf and Sand Mobilehome Park decades before rent control was adopted, only to have his property confiscated in the name of affordable housing. We don’t believe for a minute that the politicians who have politically exploited rent control for votes will simply go away, but the example of Capitola demonstrates how those decisions can backfire politically and economically.

Surf and Sand Mobilehome Park is represented by Rob Coldren and Mark Alpert of Hart, King & Coldren.

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Hart, King & Coldren announces the availability of complimentary Unlawful Detainer forms

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October 11, 2011  |  News and Events  |   Staff

In keeping with the firm’s thirty-year tradition to protect the interests of our clients and industry friends, and provide cost-effective solutions, we will now provide complimentary Unlawful Detainer forms that apply to California manufactured housing communities and will assist park owners and managers with the process of evicting a tenant.

The Unlawful Detainer forms can be found on the firm’s website at http://www.hkclaw.com/publications/unlawful-detainer-forms/

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Landlords – you may have to review your “no smoking” policy and either send out notices or amend rules or rental agreements

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October 12, 2011  |  Blog  |   Robert Williamson

SB 332 (Padilla): (signed 09/06/2011) – Codifies the ability of a residential landlord to prohibit smoking on the property or in any building or portion of the building, including any dwelling unit. Requires every lease entered into on or after January 1, 2012 for residential real property where the landlord has prohibited smoking to include a provision specifying the areas where smoking is prohibited. For leases entered into prior to January 1, 2012, a prohibition against smoking on any portion of the property in which smoking was previously permitted shall constitute a change of terms of tenancy requiring adequate notice, as specified. This bill states that a landlord who exercises the above authority shall be subject to state and local notice requirements governing changes to the terms of rental agreements that are in existence at the time the policy is adopted.

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Useful Insurance Tip

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September 16, 2011  |  Blog  |   C. William Dahlin

Mobilehome park owners naturally want to have their parks fully insured when outside parties are performing services. Many parks also require residents to name the park as an additional named insured in the individual tenant’s homeowner insurance policy.

However, many park owners are under the mistaken belief that simply being provided a certificate of insurance by a contractor or a resident is sufficient. Beware! A certificate of insurance is NOT identical with being provided documentation that the park is, in fact, an additional named insured. Frequently a certificate of insurance is nothing more than confirmation that the contractor or resident has insurance. When asking for proof of insurance, please review the documentation provided carefully to be sure it actually sets forth that the park is an additional named insured.

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Mobilehome Rent Review Commission Approves a Large Increase – and the Residents Don’t Appeal

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August 26, 2011  |  Blog  |   Mark Alpert

It is hard to say what is more surprising, that the Yucaipa Rent Review Commission approved a large rent increase for Yucaipa Village – a total increase of about $93.00 per month – or that the residents did not appeal.    The residents of Yucaipa Village were represented by YMRA (the Yucaipa Village Mobilehome Residents Association), which has been led for years by Len Tyler.  Len Tyler actually lives in Yucaipa Village, which makes it even more surprising YMRA did not appeal.   Then again, Mr. Tyler was keenly aware of the results of prior appeals he has pursued on behalf of other parks.  The appeals were denied or, if approved, reversed by the Courts, ultimately resulting in a larger rent increase to compensate the park owners for the cost of the appeal.

YMRA once again hired an attorney and accounting expert to represent the residents at the hearing, no doubt at substantial expense.  It was to no avail.  In fact, we convinced the Rent Review Commission to make rulings excluding from any consideration much of their expert’s opinions, as well as Mr. Tyler’s “expert” testimony.   Some of the residents of Yucaipa may be wondering whether the contribution to YMRA is serving them well.   In difficult economic times, it may be that the citizens of Yucaipa will start to wonder whether rent control serves them well.

The increase of $93.00 for 82 spaces translates to an increased annual net operating income for the Park of about $91,500, which equates to over 1.3 million added park value,  assuming a 7 percent capitalization.  Not a bad cost-benefit decision particularly since the park owner was allowed to recover the costs of the application.  Yucaipa Village was represented throughout the hearing process by Mark Alpert of Hart, King & Coldren.

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Attention all Restaurant Owners!

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August 24, 2011  |  News and Events  |   Staff

The Annual Western Foodservice & Hospitality Expo in San Diego is quickly approaching on August 28-30, 2011!

Whether you are a new, small or multi-unit restaurant owner, you will not want to miss this invaluable complimentary legal advice!  Come join HK&C attorney Andrew Kienle as he presents “Seven Key Legal Ingredients to Succeed as a Restaurant Owner” on Monday, August 29, 2011 from 11:30 a.m. to 12:30 p.m. at the San Diego Convention Center.

For more information on attending the WFHE,  please visit: http://www.westernfoodexpo.com or email Karen Koenes at HK&C at email hidden; JavaScript is required.

 

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Follow our new group “California Mobile Home Park Owner Industry Members” on LinkedIn!

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August 10, 2011  |  Blog  |   Staff

Hart, King & Coldren is proud to announce they have created a new group on LinkedIn called “California Mobile Home Park Industry Members.” Our group is committed to furthering beneficial discussions for California mobile home park owners, managers and industry members with relevant information regarding legal issues, new laws, rent control, residency documents, subdivisions, failure to maintain and other issues facing the industry.

If you are a current LinkedIn member, please join us and discuss hot topics with fellow industry members.

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October 2-4
MHI Annual Meeting

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August 8, 2011  |  News and Events  |   Staff

MHI Annual Meeting – Las Vegas, NV
October 2-4, 2011

Hart, King & Coldren is proud to be a Silver Sponsor of the Manufactured Housing Institute’s (MHI) Annual Meeting to be held October 2-4, 2011 in Phoenix, Arizona at the Pointe Hilton Tapatio Resort.

The MHI Annual meeting is the largest member meeting of the year of all sectors of the manufactured housing industry, providing excellent networking opportunities and sharing of ideas. This year’s highlights will include discussions of topics of utmost importance to the industry, and will feature educational panels and informative general session speakers including Rob Coldren who will be presenting an update on the Guggenheim case and its impact on the industry.

For more information on attending MHI’s Annual Meeting please visit:
www.manufacturedhousing.org

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Mobilehome park owners in Chula Vista can declare victory!

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July 28, 2011  |  Blog  |   C. William Dahlin

Thought you may find this article interesting. You should be proud of what you have accomplished. There is a referendum pending in Oceanside that pertains to its new full vacancy decontrol ordinance.

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Governor Signs CalChamber Supported Land Use Bill

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July 26, 2011  |  Blog  |   Robert Coldren

(July 20, 2011) Governor Jerry Brown recently signed a California Chamber of Commerce-supported bill that extends the life of active tentative subdivision maps and parcel maps for an additional two years.

AB 208 (Fuentes; D-Sylmar) facilitates the smooth recovery of the housing market by extending the life of active tentative subdivision maps and parcel maps for a period of two years. As an urgency measure, the bill took effect immediately upon being signed.

CalChamber believes that AB 208 will help California’s economy as well as local economies by legislatively extending the expiration date of existing and unexpired tentative tract and parcel maps, including approximately 2,500 tentative maps, containing nearly 330,000 housing units. These maps represent hundreds of construction projects, thousands of construction jobs and significant revenue to the state.
This measure is necessary so that when the economy recovers, the housing sector and construction industry will be poised to recover as well, providing new affordable housing for California’s working families.

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October 11
“Evictions, Injunctions and Beyond”

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July 18, 2011  |  News and Events  |   Staff

WMA Convention & Expo – Las Vegas, Nevada
October 11-13, 2011

“Evictions, Injunctions and Beyond” will be presented by noted mobilehome community lawyer, Rob Coldren of Hart, King & Coldren at the Annual WMA Convention & Expo on

Tuesday, October 11th from 12:30 p.m. to 1:30 p.m. at the South Point Hotel & Casino in Las Vegas, Nevada.

Rob’s seminar will demonstrate a step-by-step, hands-on, results oriented use of forms and techniques to get your rent, get rid of or stop the “bad apple” tenants, and protect your rights against mobilehome lien holders that abandon their mobilehomes after the tenant leaves. Learn how to do it the right way, the easy way and with minimal use of lawyers. A must attend seminar for managers, hands-on park owners and management companies. Rob Coldren has been an Industry “go to” lawyer for 30 years. His firm represents community owners throughout the western states. Try to find a community legal issue Rob has not dealt with! For more information, please visit www.wma.org.

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You must act by August 2nd
New Mobilehome Park Regulation

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July 12, 2011  |  Blog  |   Robert Coldren

Don’t shoot the messenger!  The Feds are at it again with new requirements for our industry. An operator of a master meter gas or small propane system, such as those used at mobilehome parks, must develop and implement a written plan that addresses the integrity of gas and propane pipeline systems by August 2, 2011. Inspectors from the California Public Utilities Commission (CPUC) will review begin to review said plans during routine inspections of your gas pipeline system.

The plan must include several elements:
A. Knowledge of System Infrastructure
B. Identify Threats to Pipeline
C. Evaluate and Prioritize Risks to Pipelines
D. Identify and Implement Corrective Actions to Minimize Risks
E. Measure Performance, Monitor Results and Evaluate Effectiveness of Plan
F. Periodic Evaluation and Improvement
G. Report of Results

Park owners may want to contact your utility service provider for assistance in developing this written plan. Park owners can also call the CPUC at 213-576-7020 for more information how this program impacts your park or feel free to give Rob Coldren of HKC a call at 714-432-8700.

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Hundreds of Copyright Cases May be Rendered Moot by Ruling

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June 23, 2011  |  Blog  |   Staff

In a surprise ruling, earlier this week, U.S. District Court Judge Roger L. Hunt dismissed Righthaven LLC from a District of Nevada copyright infringement case it had filed against political website Democratic Underground LLC on the grounds that the company never had standing to sue. Righthaven had sued Democratic Underground and hundreds of other defendants in separate pending lawsuits for infringing on copyrights to articles published in the Las Vegas Review-Journal and another Nevada newspaper. However, Righthaven failed to disclose that it is co-owned by Stephens Media LLC, the owner of the newspapers, and that its rights were limited to the right to sue for copyright infringement.

Citing 9th U.S. Circuit Court of Appeals precedent set forth in Silvers v. Sony Pictures Entertainment, Judge Hunt ruled that the agreement between Righthaven and Stephens Media and its non-disclosure rendered the Righthaven claims “disingenuous, if not outright deceitful.” The Democratic Underground counterclaim based on the fair use doctrine survived the ruling, but, if the ruling stands, Righthaven’s 200+ other cases now face closer scrutiny and possible dismissal as well.

The ruling could also have serious consequences for other companies which are often formed simply for the purposes of pursuing copyright infringement claims.

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Chula Vista Mobilehome Park Receives Welcomed News

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June 23, 2011  |  Blog  |   C. William Dahlin

The owners of Brentwood Mobilehome Park, in Chula Vista, received welcomed news this week which they hope will lead to an additional $51.00 per space per month rent increase. The Superior Court granted the writ petition of the park owner challenging the irrational decision of the City’s rent review commission. Full vacancy decontrol, worth millions, may also be on the way due to a new perspective by the City council.

The writ petition was filed after the City granted the park less than half of the monthly rent increase requsted for a multi-million renovation of the park. The owners requested a $96.00 per month per space rent increase, to be phased in over three years. The City allowed only $45.00, phased in over three years. The court reviewed the entire administrative record and granted the writ petition because there was no rational reason, or evidence, to support the City’s conclusion. The matter will be referred back to the rent review commission for a rehearing with instructions to actually follow the law and evidence this time. The City’s staff had recommended the requested rent increase be granted, finding that the capital expenses of the park owner were warranted, reasonable, and completely substantiated by the documentation. If you have new capital investment questions, please call to ask how to best position your outlay for reimbursement.

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August 17
“Intellectual Property Disasters”

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June 14, 2011  |  News and Events  |   Staff

Dot Fulfillment – Santa Ana, CA

If you miss the HK&C Webinar on June 22, 2011 – now is your chance to hear the information presented in person!

Attorney David Baker will speak on the topic of “Intellectual Property Disasters” to the Orange County Marketing & Advertising Association’s monthly “Lunch and Learn” seminar on Wednesday, August 17th from 11:30 a.m. to 1:00 p.m. at the Dot Fulfillment. Come learn about case studies and highly useful tips on how you can effectively market your goods and services without setting yourself up for a marketing disaster.

Mr. Baker is a Partner with the firm whose practice includes litigation and transactional work with an emphasis on intellectual property including trademarks, copyrights and trade secrets.

The Dot Fulfillment is located at 1801 S. Standard Avenue in Santa Ana. A boxed lunch will be served. There is no cost to attend this event however space is limited to the first 50 pre-registered attendees.

For more information, please contact Ruben Gonzales at the Dot at 714-708-5800 or email hidden; JavaScript is required.

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August 29
“Seven Key Legal Ingredients to Succeed as a Restaurant Owner”

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June 14, 2011  |  News and Events  |   Staff

Annual Western Foodservice & Hospitality Expo – San Diego, CA

HK&C Attorney Andrew Kienle has been selected once again to speak at the Annual Western Foodservice & Hospitality Expo to be held on August 28-30, 2011 at the San Diego Convention Center. Mr. Kienle will present “Seven Key Legal Ingredients to Succeed as a Restaurant Owner” on Monday, August 29, 2011 from 11:30 a.m. to 12:30 p.m. and will share his perspectives on critical legal issues that restaurant owners face.

In his seminar, Mr. Kienle will discuss issues relating to different types of business entities, copyrights and trademarks, landlord/tenant relationships, employment agreements, ADA compliance and litigation, franchising and the pro’s and con’s of investors. Whether you are a new, small or multi-unit restaurant owner, you will not want to miss this invaluable legal advice!

For more information on attending the Annual Western Foodservice & Hospitality Expo, please visit: http://www.westernfoodexpo.com or Karen Koenes at HK&C at email hidden; JavaScript is required.

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