Tuesday, July 17, 2012


Legislative NewsBill Seeks Relief for Property Owners Forced to Correct Damaged Sidewalks

Trees are a desirable amenity and a way for property owners to add value and beauty to an apartment community. However, in a number of cities and counties throughout California, the sidewalks around rental properties that are located on city property are severely damaged and in need of repair due to overgrown trees. Many of these trees were planted decades ago by the city or county.



Assembly Bill 2231 authored by Felipe Fuentes (D-Los Angeles) is supported by the California Apartment Association (CAA) and will require a city/county to repair any sidewalk that is damaged as a result of trees that the local entity had planted. It prohibits the local entity from imposing a fee on the property owner for the repair.


Most local governments do not accept responsibility for sidewalk repair. AB 2231 would only apply to cities (in particular Los Angeles) that passed an ordinance years ago, requiring them to pay for the sidewalk repairds. Other cities that will be affected by AB 2231 include Oakland, Berkeley, Half Moon Bay, Placentia, Burlingame and Redlands.


This bill would also ensure that the local entity, not the property owner, is held liable for any injury resulting from the damaged sidewalk. Rental property owners will be shielded from frivolous trip-and-fall claims filed because of damaged sidewalks. CAA argues that property owners should not be held liable or responsible for something they had no control over.


The bill has successfully passed out of the Assembly on a 48-9 vote with support split evenly among Democrats and Republicans. It now goes to the State Senate for consideration.

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