3.1 20-0517 Subject: The Piedmont Homeowners Association Of 70 Yosemite Avenue
From: President Pro Tempore Kalb
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Of Necessity For The Acquisition, By Eminent Domain, Of A Temporary Right Of Entry To The Property Located At 58 Yosemite Avenue, Oakland, California, Pursuant To California Civil Code Section 1002 And Code Of Civil Procedure Sections 1245.326 Et Seq., By The Piedmont Walk Homeowners Association Of 70 Yosemite Avenue, Oakland, To Complete Necessary Repair Work
At the suggestion of Councilmembers Kalb, Kaplan, and Reid, our HOA initiated mediation with the downhill owners, the Payumos. We paid the full cost. The mediation was unsuccessful. The Payumos' position remains what it was before the mediation:
- All exploratory inspection and reconstruction can be done from inside the HOA units. (Their own contractor says that exterior access on their property will be necessary to complete 90 percent of the work.)
- Even if access were needed, they ask that all four of their tenants be moved to a hotel with full kitchens during the 4-8 week pendency of the work. (Cost: six figures)
- In addition, the HOA must set up a six-figure fund to defray damage claims by tenants and fines by public agencies due to any grant of temporary access.
We must pay a reasonable fee for access, but a court would not impose anything close to what the Payumos are asking.
Please let us get before a court. The court can then decide (1) whether there is public necessity for the temporary access, and (2) what a reasonable fee for that access is. The Council plays a "gatekeeper" role here, ensuring that courts are not burdened with frivolous requests for access. This is a serious request. Existing repairs on our front and rear balconies will cost well over $300,000. Four of our balconies are shored up, and the rest have water damage rendering them unsafe to use. We expect similar water damage issues exist in our downhill wall.
--Dennis Eagan, PWHOA VP
At the suggestion of Councilmembers Kalb, Kaplan, and Reid, our HOA initiated mediation with the downhill owners, the Payumos. We paid the full cost. The mediation was unsuccessful. The Payumos' position remains what it was before the mediation:
- All exploratory inspection and reconstruction can be done from inside the HOA units. (Their own contractor says that exterior access on their property will be necessary to complete 90 percent of the work.)
- Even if access were needed, they ask that all four of their tenants be moved to a hotel with full kitchens during the 4-8 week pendency of the work. (Cost: six figures)
- In addition, the HOA must set up a six-figure fund to defray damage claims by tenants and fines by public agencies due to any grant of temporary access.
We must pay a reasonable fee for access, but a court would not impose anything close to what the Payumos are asking.
Please let us get before a court. The court can then decide (1) whether there is public necessity for the temporary access, and (2) what a reasonable fee for that access is. The Council plays a "gatekeeper" role here, ensuring that courts are not burdened with frivolous requests for access. This is a serious request. Existing repairs on our front and rear balconies will cost well over $300,000. Four of our balconies are shored up, and the rest have water damage rendering them unsafe to use. We expect similar water damage issues exist in our downhill wall.
--Dennis Eagan, PWHOA VP