SCOTUS rules in favor of property owners

PLF statement on Koontz v. St. Johns River Water Management District victory:

Sacramento, CA; June 25, 2013: The U.S. Supreme Court today handed a victory to all property owners by ruling in favor of Pacific Legal Foundation’s client, Coy Koontz Jr., in his constitutional challenge to the heavy, unjustified demands that his family faced as a condition for a building permit.

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PLF sues Solana Beach over unlawful coastal policies

By: Pacific Legal Foundation

“PLF attorneys just filed a lawsuit against the City of Solana Beach (San Diego County) over land-use regulations that threaten the right of landowners to protect, use, and enjoy their properties. PLF’s suit is on behalf of the Beach & Bluff Conservancy–a nonprofit organization that represents the interests of the City’s coastal landowners.”

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New California Energy Use Disclosure Rules Effective July 1, 2013

California Commercial Building Owners Must Comply With New Energy Use Disclosure Rules
Commencing July 1, 2013

By Pamela Westhoff and Lydia Lake

“What you need to know:

The long-awaited energy use disclosure requirements, first enacted as AB 1103 (Saldana) in 2007 (codified as California Public Resources Code, §25402.10), are finally effective. Commencing July 1, 2013, owners of commercial, non-residential buildings in excess of 50,000 square feet will be required to track and disclose detailed information regarding energy consumption at each building. The reporting requirements will be extended to buildings in excess of 10,000 square feet commencing on January 1, 2014; and to buildings in excess of 5,000 square feet on July 1, 2014.”

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Victory Against the Feds

Pacific Legal Foundation

“In response to a lawsuit PLF filed on behalf of New Mexico property owners Peter and Frankie Smith, the U.S. Army Corps of Engineers admitted it had no evidence whatsoever to declare a dry creek bed on the Smiths’ property a “water of the United States” subject to the Corps’ regulatory authority under the Clean Water Act.”

Full Disclosure for City Folk


H/T: Hollow Creek Farm Equine and Canine Rescue

NAR Approves Merger of Local Associations

(El Cajon, CA and Chula Vista, CA – August 23, 2012)

The National Association of REALTORS has announced that is has given its blessing to the merger of the East San Diego County Association of REALTORS (with headquarters in El Cajon) and the Pacific Southwest Association of REALTORS (with headquarters in Chula Vista). (PDF)



A Sad Day in North County

In 2010, the San Diego Association of REALTORS wanted to own the North San Diego County Association of REALTORS (“NSDCAR”), and NSDCAR wisely said no.

In 2012, the East San Diego County Association of REALTORS (“ESDCAR”) and the Pacific Southwest Association of REALTORS (“PSAR”) wanted to join NSDCAR, and NSDCAR unfortunately, Wednesday, said no again. ESDCAR and PSAR were a good match with NSDCAR, and the three associations together would have made a great association.

Wednesday was a sad day in North County.

ESDCAR approves merger with NSDCAR

As of Noon, Monday, February 27, the East San Diego County Association of REALTORS cleared their high threshold of 51% of eligible voters voting in favor of merging with the North San Diego County Association of REALTORS. The ESDCAR Board of Directors had previously authorized the release of the merger vote count once this threshold was crossed.

“It was the Board’s desire to allay any fears in South County and North County that ESDCAR might not be participating in the proposed merger,” said President Peg Tischer-Keeley. “We didn’t want there to be any doubts about our participation in the merger to affect the vote one way or another in either South County or North County. It seemed to us a material fact that voters in the other associations might want to know before they cast their vote.”


Congratulations East County, and thank you for your confidence in South County and North County!

I hope that your confidence is returned over the next two days by all of our remaining members voting in favor of the proposed merger of all three associations.

Kevin Forrester


Welcoming the Merger of ESDCAR, NSDCAR and PSAR

Dear North San Diego County REALTORS:

I am writing in favor of welcoming the members of the East County Association of REALTORS and the Pacific Southwest Association of REALTORS into a merger with our association.

North County, East County, and Pacific Southwest all have had the option of passively iStock_000016563200XSmallallowing themselves to be merged with the San Diego Association of REALTORS, and have rejected that option. North County all too recently rejected a merger with the San Diego Association of REALTORS by a slim margin of 356 votes out of 2,896 votes cast. In other words, a change of 179 votes from “no” to “yes” out of 2,896 votes cast in our recent election could have changed the voting outcome.

East County and Pacific Southwest are smaller than North County, but they share our “member service” attitude. They are our friends in the world of organized real estate and they have reached out to us in the spirit of friendship for our help in preserving the culture that is common to all three of our associations. They were each also very supportive of our “SaveNSDCAR” efforts in the latest merger exercise.

As described in an August 2011 blog posting by R. Alan Smith, the Executive Officer of East San Diego County, North San Diego County was once 7 smaller associations that merged to become the model REALTOR Association that North San Diego County now is. Alan’s blog also includes our District Map and speaks favorably of NSDCAR’s established District system which, for more than twenty years, “has given [our] constituent groups all the advantages of a larger association while preserving local identity.” 

Adding East County and Pacific Southwest to North County’s model is not a loss; it is a gain to each association, and to all of the members of the merged associations. Should a merger of North County, East County and Pacific Southwest be approved by the members of all three associations, the resulting merged association will be unified, stronger, and better able to preserve the member and customer service attitude in San Diego County that we all so strongly believe in.

I encourage you to welcome East County and Pacific Southwest into partnership with us in continuing to work toward our common goal of member and association excellence.

Kevin Forrester,

2003 & 2005 NSDCAR President


Disclosure alert for North San Diego County REALTORS

Memo to North San Diego County Realtors®: The North County Times has just published a report that:

For five years, San Marcos city officials kept from public view a color-coded map showing varying degrees of risk to residents from catastrophic wildfires —- including two neighborhoods judged to be in “extreme” danger of property loss, death or injury —- for fear insurance companies would use the information to justify dropping policies or hiking rates, officials have acknowledged.

In 2005, San Marcos commissioned a study to assess wildfire risks for the iStock_000011911694XSmall(2)city’s communities. The study rated two communities as having “extreme” and five as having “very high” risks during wildfires.

City officials said in a series of recent interviews that they decided not to publicly release a color-coded map from the study that marked Coronado Hills and neighboring Attebury in a shade of deep red —- signifying extreme wildfire hazard —- opting instead to circulate a version showing all wildfire areas in a uniform shade of green.

(EXCLUSIVE: Worried about insurance, San Marcos officials kept fire risk map secret)

Are the properties referred to in this article at risk of wildfire damage? Potentially.

Are Realtors® negotiating purchases and sales of these properties at risk of liability for failing to disclose the information contained in this article? Absolutely.

If you are an agent, broker, or seller involved in any transaction concerning the properties located in any of the areas referred to in this North County Times article, you will want to have a copy of this article in your file initialed by the buyers and sellers. Consider it liability insurance.