Follow law to the letter? First, learn the ABCs about PVCs

Question: I requested permission from my homeowners association to install vinyl windows and a roll-up garage door.

The board asked me to provide a list of materials from the manufacturers for Proposition 65 compliance.

I did, but now the board won’t approve the installation because the manufacturers used polyvinyl chloride in the materials -- and PVC falls under Proposition 65 warnings.

The association board’s letter stated, “The association is required to post visible Proposition 65 warning signs throughout the property when such chemicals exist. The board has a duty to follow the law.” Is the board right?

Answer: Although your board should be commended for its due diligence and investigatory skills, board members are not the ones responsible for issuing Proposition 65 warnings unless they are manufacturing the product, are responsible for exposure of the listed chemicals to the public or are using products in a way that would subject them to scrutiny under the terms of Proposition 65.

If the manufacturer of the garage door and windows that you intend to install did not issue a warning, it is probably because they do not use products currently on the list of Proposition 65 chemicals.

Proposition 65 was a 1986 initiative intended by its authors to protect Californians and the state’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm.

In cases where property managers post Proposition 65 warning signs, they probably relate to chemicals applied to rodent abatement, pesticides used in landscaping or substances such as lead paint or asbestos.

Most of these warnings may be meant to prevent lawsuits and not necessarily to ban the possible exposure to such products -- hence the warning is given by the manufacturer of the product, not the end user.

Though PVC is not on the Proposition 65 list of chemicals requiring a warning, it is possible that some of the components that go into the making of PVC products may be on the list.

Under Proposition 65, businesses are required to give a “clear and reasonable” warning before knowingly exposing anyone to more than a specified level of that chemical found on the state’s list.

This warning can be included on the label of a consumer product or published in a newspaper.

Typically, businesses provide warnings at the workplace or in a public area that is affected by the chemical. Generally, consumers are not required to post the warning.

Posting the warning does not mean the product’s use is banned, only that exposure to it may cause one of the diseases identified in the law.

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Learning late of deed restrictions

Question: When I bought my property in a common-interest development with a homeowners association, no one told me I would have a deed-restricted title. What does this mean?

Answer: Deed restrictions refer to the limitations on the uses or changes that one is permitted to make to his or her property. For example, in most common-interest developments, changes to the exterior of the unit, including different window styles or paint colors, are generally not permitted without consent from the association.

In some instances, the restrictions may limit what work can be done to the interior of a unit or limit the number and size of pets. Restrictions may limit the number of cars that can park on the common property. Such restrictions vary, and some associations have more restrictions than others.

Purchasers of deed-restricted properties are presumed to have notice of all the restrictions in the association’s recorded covenants, conditions and restrictions -- even if they fail to read them. California courts view an owner’s failure to know of or read those restrictions as no excuse for violating them.

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Send questions to P.O. Box 11843, Marina del Rey, CA 90295, or e-mail noexit@mindspring.com.