The council’s decision can then be appealed to the California Coastal Commission. They did not purchase that right and we don’t intend to give it to them.”įurthermore, the plan has yet to be voted on in a mandatory public hearing by the Planning Commission, whose decision can be appealed to the City Council.
They are acting like we don’t, but we do. “They thought they bought more than they purchased. “The MRCA didn’t do their research,” Stern said. The amendments will not be effective unless approved in court.Ĭouncilmember Andy Stern, a Broad Beach resident and member of the Malibu-Encinal HOA, in a phone interview Tuesday called the MRCA’s efforts to change the HOA rules “laughable,” but said that if the MRCA succeeded in amending the covenants, conditions and restrictions, “I guess we’ll go to court. Thus, the MRCA held a meeting on Wednesday this week (after this paper went to print) to authorize its intention to amend the HOA’s rules to allow it to proceed with its plan. The easement rights (also known as covenants, conditions and restrictions) are only enforced by the HOA, and do not trump city law. Though the MRCA owns the easement on which it seeks to make the improvements, the Malibu-Encinal Homeowners Association says the state agency is not legally entitled to do so because the plan interferes with easement rights granted by the association to each homeowner in the neighborhood. Since that time, there have been various disputes about the use of the beach, and whether it should be treated as public or private in circumstances such as hours of access. The MRCA purchased the land from developer Norm Haynie for $10 million in 2001 after receiving most of the purchase money from the State Coastal Conservancy. The Malibu-Encinal Homeowners Association owns the first two gates, while the latter gate is the property of the MRCA. The plan, proposed by the Mountains Recreation and Conservation Authority, is comprised of several additions intended to improve public access to Lechuza Beach through three gates, which are located at the entrances of East Sea Level and West Sea Level drives, and across the street from Bunny Lane off Broad Beach Road. The eight-year battle between a local homeowners association and a state agency over a public access enhancement plan proposed for an expensive piece of state-owned land at West Malibu’s Broad Beach could soon head to court. A state agency wants to make improvements to a public beach access area that local residents say violate their homeowners association rules.
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