Really Care Realty located in Sunnyvale, CA (Northern California) provides residential real estate solutions in East & South Bay areas including Sunnyvale, Cupertino, San Jose, Los Altos, Campbell, Fremont, Livermore and Pleasanton, California. Broker Associate, Keller-Williams of Cupertino.
CALL: 408-540-4140.
Welcome to my website! I'm Patricia J. Johnson, Broker Associate of Keller Williams Realty, and Broker/Owner of Really Care Realty. I've been involved in real estate since 2001.
Here's some reasons you want to call me today at 408-540-4140!
My Resume:
Prior to real estate, I worked for top corporations in Silicon Valley. Stanford University, Hewlett-Packard, and Apple Computer. Here, I honed my skills in marketing and sales to be the best for you! Not only have I worked for major technology firms, but reached thousands with my creation of a Cable-TV Program, ISSUES OF SILICON VALLEY. I am author and designer of SMART REAL ESTATE newsletter, advising and counseling homeowners about the issues of the day.
My community involvement includes promoting the Sunnyvale Chamber of Commerce, providing assistance to Northridge earthquake victims, and being Secretary-Treasurer of the Santa Clara Villiage Homeowners Association. (See "About Me")
I'm a professional icon, one who strived and gained success through education, concern for other's well-being, and providing client loyalty. I look forward to bringing my best talents to work for you!
Member of California Association of Realtors, Santa Clara County Association of Realtors, and National Association of Realtors, and Christian Real Estate Network. Senior Real Estate Specialist.
ABOUT TOWNHOUSES, CONDOS & HOMES WITH CC&R'S
Under Davis-Stirling, a developer of a common interest development is able to create a homeowners' association (a HOA) to govern the development. As part of creating the HOA, the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) against the units or parcels within the HOA with the county recorder.
Even though it is not a governmental entity, the HOA operates like one in some respects. As recognized by the Supreme Court of California, the declaration of CC&Rs are the constitution of the HOA and are legally binding upon residents as long as they do not conflict with state or federal law.[1] CC&Rs, once properly recorded, are presumed valid until proven otherwise.[2] The California Courts of Appeal have explained the quasi-governmental nature of the HOA:
| “ | Indeed, the homeowners associations function almost 'as a second municipal government, regulating many aspects of [the homeowners'] daily lives.' [Citation.] " ' "[U]pon analysis of the association's functions, one clearly sees the association as a quasi-government entity paralleling in almost every case the powers, duties, and responsibilities of a municipal government. As a 'mini-government,' the association provides to its members, in almost every case, utility services, road maintenance, street and common area lighting, and refuse removal. In many cases, it also provides security services and various forms of communication within the community. There is, moreover, a clear analogy to the municipal police and public safety functions...." ' [Citation.]" [Citation.] In short, homeowners associations, via their enforcement of the CC&R's, provide many beneficial and desirable services that permit a common interest development to flourish.[3] | ” |
The HOA's board may enact rules which are legally binding upon residents as long as they do not conflict with the CC&Rs or state or federal law. Board meetings, like the boards of government agencies, are generally open to HOA members, with some exceptions.
The HOA is also allowed to charge regular fees to homeowners within the development (comparable to taxes). These are used for functions like paying for security guards (including, for gated communities, the operation of a gatehouse) and maintaining common areas like corridors, walkways, parking, landscaping, swimming pools, fitness centers, tennis courts, and so on. The HOA can levy fines or sue homeowners for damages and/or injunctive relief to enforce the HOA's rules and CC&Rs.
The underlying justification for Davis-Stirling is that after the enactment of California Proposition 13 (1978), it became extremely difficult for both state and local government entities in California to raise taxes. With public services rapidly deteriorating by the mid-1980s, and with crime rates soaring throughout California, developers wanted to be able to ensure quality of life in new common interest developments. The obvious problem was that property tax revenue from newly-built-and-sold homes (taxable at market value at time of sale under Proposition 13) might be diverted by cash-strapped governments to pay for providing services elsewhere (that is, for the benefit of homes whose time of sale was long ago and whose taxes could not be raised under Proposition 13). For large planned communities, other possible solutions included forming Mello-Roos community facilities districts or incorporating new cities altogether, but those solutions were neither practical nor cost-effective for small projects consisting of just a few houses or apartment buildings on land already under the jurisdiction of an existing city. Furthermore, developers by the 1980s now had experience with how early suburbs had evolved over the decades (with some residents engaging in activities that decreased neighborhood property values) and wanted to ensure that common interest developments would maintain a common look and lifestyle.
Davis-Stirling solves both problems. The HOA has the power to impose fees that are cycled back into the community for the community's benefit, and to enforce rules that maintain the "atmosphere" of the community and therefore the property values of all the units or parcels in the development.
Davis-Stirling Common Interest Development Act