Individual homeowners, and homeowner’s associations (and HOA management companies), should continue to pay close attention to property conditions that may pose a significant risk of injury to guests and visitors.

Even California’s bent towards environmental protection could not prevent a court from agreeing that even trees may qualify as an unlawful “spite fence” in California. A “Spite Fence,” which may be prohibited by court order under California law, is defined as “[a]ny . . . structure” over 10 feet that was “maliciously erected or maintained for the purpose of annoying [a neighbor].”

Proposed California laws will increase the liability of those persons who prepare real property valuations, opine on the value of real property or influence appraisers.