Common SUMMER 2014
The professional provider of education, advocacy and resources for Community Associations
The Evolution
of
HOA s
Low on water, HIGH ON BEAUTY page 10 THE FHA impact page 16 Animals in HOA Cs O Mpage M O N 20 ASSESSMENT
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Features
Departments
6 A New Frontier for Community Associations: Electric Vehicle Charging Stations
4
President’s Message
BY JASON PAYNE
BY JODI A. KONORTI, ESQ.
10
Low on Water, High on Beauty
BY MARLENE ARREDONDO & MIKE SCORSONE
16
The FHA Impact
BY LAURA V. KWIATKOWSKI, ESQ.
20
Animals in HOAs
BY KENNETH H. DILLINGHAM, JR., ESQ.
28
Under Surveillance
BY SUSAN FAKHOURI, CMCA, AMS, PCAM
31
Creating a Community Garden
BY TIMOTHY P. FLANAGAN, ESQ.
34
The Rise of Electronic Cigarettes: To Smoke or Not to Smoke BY KYLE KRUGER
Good HOA Board Members
Find us on Facebook! Don’t forget to “like” CAI San Diego!
14 New and Renewing Members 24 NewsStand 30
Marketing Plan Member Spotlight: Pacific Western Painting
Back 2014 Marketing Plan Members Cover
Chapter News 2
Craft Beer Night
13
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25
March 4 Trade Show
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Common
President’s Message Rolling with the Changes
I
t’s hard to believe that we are more than half way through 2014. During this whirlwind of
a year, the San Diego Chapter has managed to grow to its membership numbers higher than we’ve seen in years. This is a direct result of our Membership Committee continuing to recruit new homeowners, managers and business partners. Additionally, our Education Committee continues
Jason Payne has been a member of the CAI San Diego Chapter since 2007 serving on the Membership, Marketing/ PR and Monte Carlo Committees. Jason is currently the 2014 Chapter President.
to put together a great slate of speakers and programs month after month. Our magazine committee has done a tremendous job of preparing some interesting articles on electric vehicle charging, service animals,
electronic cigarettes and more. As time and people continually change, so do the HOAs you manage. That’s why CAI San Diego will always be at the forefront of education for community managers. Rest assured, as HOAs continue to evolve, CAI will too. We will continue to assists our members in establishing and operating successful association
EXECUTIVE COMMITTEE JASON PAYNE....................................................... PRESIDENT Payne Pest Management BRUCE ROSENBLATT............ PRESIDENT-ELECT/TREASURER Manager KARINA TATUM.............................................VICE PRESIDENT Complex Realty BECKY GROENEWOLD, PCAM............................. SECRETARY PCM - Professional Community Management DIRECTORS BRIAN BLACKWELL....................... West Coast Management Firm KRISTINE GAITAN........................................................ Homeowner ELAINE GOWER........................................................... Homeowner JOANNA LABAHN-CORNETT.....................LaBahn’s Landscaping LAURIE S. POOLE, ESQ................................... Peters & Freedman SHANNON SMITH..................................... Reconstruction Experts LOUISE STETTLER..........................Epsten Grinnell & Howell, APC
CHAPTER EXECUTIVE DIRECTOR BARBARA OZENBAUGH, CMP, CAE 619-299-1376 EDITOR IN CHIEF AND NEW & RENEWING ADVERTISING SALES BARBARA OZENBAUGH, CMP, CAE 619-299-1376, barbara@cai-sd.org DESIGN & PRODUCTION KRISTINE GAITAN REY ADVERTISING & DESIGN / THE CREATIVE DEPT. 760-746-8700 MAGAZINE EDITORIAL COMMITTEE LAURIE S. POOLE, ESQ. (CHAIR)......... Peters & Freedman, LLP BRIAN KALMENSON.....Michael Abdou Insurance Agency, Inc. ELAINE GOWER............................................ Naumann Law Firm JEFF FRENCH......................................... Green, Bryant & French JEFF MORIN............... Global Disposal Reduction Services, Inc. JODI KONORTI........................... Epsten, Grinell & Howell, APC LAURI CROCE..................................... Law Office of Lauri Croce LUCAS SISNEROZ................................................. N.N. Jaeschke MELODIE NICKELL....................................Walters Management SUSAN FAKHOURI..........................................................Manager YVETTE HUFFMAN............................DC Property Management RACHEL WILLIAMS.....................................Brad Stoner Painting SANDY WEBSTER-SHYKO.................................... N.N. Jaeschke LAUREN MOLNAR.................................. Reconstruction Experts
communities while providing a national forum for discussing key issues in the association field. I would like to thank you for being part of one of the finest chapters in the country and look forward to seeing you at our next CAI event!
All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Common Assessment Magazine or the Community Associations Institute – San Diego Chapter. Information contained within should not be construed as a recommendation for any course of action regarding financial, legal, accounting or other professional services and should not be relied upon without the consultation of your accountant or attorney. Common Assessment Magazine is the official quarterly publication of the San Diego Chapter of the Community Associations Institute. CAI San Diego Chapter encourages submission of news and articles subject to space limitation and editing. Signed letters to the editor are welcome. All articles submitted for publication become the property of CAI San Diego Chapter. Reproduction of articles or columns published permitted with the following acknowledgement: “Reprinted with permission from Common Assessment Magazine, a publication of the Community Associations Institute San Diego Chapter.” © 2014 CAI - San Diego Chapter
ADVERTISING & CORRESPONDENCE SHOULD BE SENT TO: Common Assessment Magazine CAI - San Diego Chapter 1081 Camino del Rio South, Suite 109, San Diego, CA 92108 619-299-1376 / fax 619-299-1377 / www.cai-sd.org
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A New Frontier for Community Associations ELECTRIC VEHICLE CHARGING STATIONS by Jodi A. Konorti, Esq.
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COMMON ASSESSMENT MAGAZINE
G
iven the handful of articles already published on
parking spaces in public parking lots and garages equipped
Civil Code § 4745, which governs an owner’s and
with electric vehicle charging stations. The number of public
community association’s rights and obligations
parking spaces equipped with electric vehicle charging
related to owner-installed electric vehicle charging stations,
stations in San Diego, and beyond, is quickly rising to
this article will take a different approach and shift the focus
accommodate the increasing number of electric vehicles
from Civil Code § 4745 requirements to an alternative electric
on the roads. It is estimated that approximately two million
vehicle charging station option for community associations
electric vehicles navigated U.S. roads in 2012. The rapid
in San Diego to consider. That is, the idea that an association
increase in electric vehicle ownership is no surprise given
may proactively contract with an electric vehicle charging
ballooning gas prices, advances in electric vehicle technology
station provider for the installation of stations throughout
(i.e., more efficient and compact designs, longer-lasting
the community. Upon the request of an owner, a station is
lithium-ion batteries), the fact almost all major automakers
installed by the provider (not the owner).
have, or will soon have, an electric vehicle model on the road,
By now you’ve all probably seen them… specially-marked
and the penchant of the California legislature to promote and Continued on page 8
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owner is for an association to be
A NEW FRONTIER
The owner generally must become
Continued from page 7
proactive and pre-empt the need for
a subscriber to the provider’s services.
encourage the use of electric vehicles
owners to request independently-
The electricity costs to charge the
in this state. These elements, coupled
installed stations. This is done by the
vehicle are paid for by the owner.
with the notion that the increasing
association contracting with an electric
These types of programs are akin
number of electric vehicle drivers
vehicle station provider to install a
to a bulk cable contract for an
inevitably need to park their car at
station in the common area or in an
association: A provider offers electric
home at some point begs the question:
owner’s assigned parking space, upon
vehicle charging station services to
Where can a condominium owner park
the request of an owner. The owner
all requesting owners. If an owner
their electric vehicle at the end of the
then becomes a subscriber to the
would like an electric vehicle charging
day?
station provider.
station and electric vehicle service,
The answer is premised on
What’s notable about this
they contract with the company and
California Civil Code § 4745, which
alternative option is there are various
the company provides and installs
addresses the installation, use and
station providers offering subsidized
the necessary equipment. From
maintenance of electric vehicle
stations, i.e., at little to no cost to
the programs reviewed to date,
charging stations in common interest
the association. Some providers
the programs do not appear to be
developments. Section 4745 outlines
even provide for maintenance of the
exclusive, meaning an owner can still
the requirements and conditions of
equipment at their cost. The basic
independently purchase and install
an owner’s independent installation
set-up is as follows: The community
their own electric vehicle station if they
of an electric vehicle charging station
association contracts with a company
wish, subject to the requirements in
on association property, including but
to install a certain number of stations
Civil Code § 4745.
not limited to, association review and
in common area or in requesting
approval requirements, contractor
owners’ parking spaces. The number
of program is (i) consistency in
license requirements, maintenance and
and location of stations will depend
installation, (ii) transfer of risk related
insurance obligations and electricity
on the parking infrastructure, the
to installation and maintenance,
and repair cost obligations.
space available and electrical capacity,
(iii) lessened architectural review
among other things. Once the
obligations for the association
vehicles on the road translates into a
association has contracted with the
because the acceptable location, size
growing number of owner-requests
electric vehicle station provider, upon
and design of the stations is already
to install electric vehicle charging
the request of an owner, the company
determined by the provider, (iv) low
stations. This is especially true in urban
may provide a charging station, and
or no cost to the association, and (v)
areas. An alternative to leaving the
in some cases, install the station and
less responsibility on the owners to
request and installation of electric
related equipment at the desired/
maintain and repair the electric vehicle
vehicle stations in the hands of each
appropriate location.
stations (although owners remain
The growing number of electric
The benefit of utilizing this type
NRG/eVgo has a “Make-Readies” program and is available to electrify at least 10,000 parking spaces (public and private) within specific areas, including the San Diego Gas and Electric territory. Whether this program is available to a specific community association depends on the location of the community and existing infrastructure, among other items. The program is four-years long (with the possibility of a one or two year extension), and the program just completed its first year in December 2013. ChargePoint is another company that provides electric vehicle charging stations to qualified community associations. ChargePoint won a competitive bidding process to help provide over 200 charging stations in multi-dwelling locations in San Diego. Its efforts are backed by the Energy Commission. ChargePoint also operates an expansive network of stations throughout the United States. Please note, there may be other companies offering similar services to community associations. Please ensure you always check references and fully research any company before retaining them for electric vehicle charging station services.
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COMMON ASSESSMENT MAGAZINE
responsible for damage caused to the electric vehicle charging stations). Although implementing this type of program will limit an owner’s obligations under Civil Code § 4745 (since the electric vehicle charging station company will assume some of the obligations, such as installation and maintenance), community associations with subsidized electric vehicle charging station programs should nevertheless adopt rules relating to the stations. Such rules could outline the procedures to request an electric vehicle station from the provider, any architectural approval procedures, subscriber obligations, the responsibility for insurance and electricity costs, and the responsibility for damage repairs. In conclusion, there are a handful of companies in southern California offering these electric vehicle charging station services. The companies range from providing free or lowcost stations with the community association and owners covering all other costs, including installation, maintenance and subscriber costs, to companies that provide free stations and infrastructure, as well as pay for the installation and maintenance costs. In the end, a community association that voluntarily and proactively offers its owners attractive and varied electric
take that to the bank.
vehicle options is likely more appealing to potential buyers than a community next door that doesn’t. For this
Brendan Concannon Regional Account Executive 619-961-6346 Toll Free 866-800-4656, ext. 7480 brendan.concannon@mutualofomahabank.com
reason, this type of program is worth consideration. Before implementing this type of program, research what is available in your location, as there may be several options available.
Jodi A. Konorti, Esq., is an Associate Attorney at Epsten Grinnell & Howell, APC, attorneys with offices in San Diego, the Inland Empire, and Coachella Valley.
mutualofomahabank.com AFN45863_0813
Member FDIC Equal Housing Lender
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Low on Water, High on B
“R
educe water usage!” This statement can
How does this affect San Diego homeowners
be heard quite often in the community
associations? When a community has made the decision to
association industry and yet, many
replace current landscape with drought tolerant material, it
beautiful landscapes still require a great
is important to develop a landscape plan. The plan should
amount of water to flourish. How can communities keep the
take into consideration the site conditions, such as soil type,
desired landscape beauty while simultaneously reducing
intended use of the area, and grouping of plant material
water usage?
based on watering needs.
All in the Design
Rethink Your Plant Palette
It may not be visible to some, but landscape design is
With many drought tolerant varieties of plant material
ever-changing. This becomes especially apparent when we
becoming popular due to our changing weather conditions,
consider preservation of earth’s resources and environment.
there has never been a better time for communities to start
Drought tolerant plant material has become a recent trend in
rethinking their plant palettes.
California. Rising water costs and current drought concerns have created an interest in replacing existing landscape material with water saving alternatives like drought tolerant plant material and artificial turf. 10
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COMMON ASSESSMENT MAGAZINE
Don’t Drought Tolerant Plants Look Dull & Sparse? Many people expect drought tolerant landscape to be
Beauty
Water Restrictions & Changing Landscape Trends by Marlene Arredondo & Mike Scorsone
like the desert – dry and sparse. While there are beautiful
blooms with small yellow flowers and grows
“desertscapes” in California, the climate of San Diego
well in areas with poor soil content, but will not
County provides a variety of ways to create lush, colorful
grow taller than two feet.
and tolerant landscape. Selecting a diverse plant palette and
• Carissa Natal Plum ‘Green Carpet’ can be recognized
using proper plant placement will assist in creating a scenic
by its dark green leaves and white pinwheel flowers.
landscape.
This fast growing plant will tolerate salt spray and is
When selecting a plant palette, the foliage color, texture, size and shape should all be taken into consideration.
best purchased as one gallon in greater numbers.
• A wonderful California native, Ceanothus griseus
Choosing plants that have different blooming seasons will
horizontalis is known for its shiny, textured leaves and
help create bursts of color throughout the year.
long lived blue flowers. It is a great plant for coastal gardens where it is exposed to strong winds and salt
What Types of Plants are Considered Drought Tolerant? Depending on your community, one or more of the plant varieties below may be suitable for your landscape:
• Acacia ‘Desert Carpet’ is great for any slopes
spray, but also works well in coastal valleys.
• The evergreen plant Cistus Rockrose tolerates salty ocean winds, poor soil conditions and heavy desert heat. Recognized for its large, brightly colored flowers and a light green leaf, this plant flowers from spring Continued on page 12
that may exist within your community. This plant COMMON ASSESSMENT MAGAZINE
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LOW ON WATER, HIGH ON BEAUTY
landscape material with a new plant
Continued from page 11
palette. It is surprising how established
Bird of Paradise, Philodendron and
in the materials and techniques used
can also be renovated to fit your
other tropical material will survive in
for drip irrigation. Landscape gardeners
maturing landscape.
drought conditions. Depending on the
are more aware than ever of the
location, many of these plants will use
importance of this natural resource,
growing, ground covering plant
the same water requirements as plants
and how the efficient usage and
that blooms blue, giving off
native to California.
management of water can assist plant
the familiar rosemary smell most enjoy. Take caution when planting this plant as it tends to be a favorite of the bees and may not be appropriate around tot lots or home entryways. • Rosemary ‘Tuscan Blue’ is a familiar, upright type of plant with a long lasting blue flower. Commonly used in cooking, many communities use Rosemary around dog stations to help with the odor.
• Tecoma capensis, ‘Cape Honeysuckle,’ has a tubular orange shaped flower and can bloom almost all year long depending on your zone. This plant is a favorite with hummingbirds and has little to no known pest issues. Consider incorporating some of
your community’s current tropical 12
Advancements are still being made
into summer. Cistus Rockrose
• Rosemary Prostrate is the low
wind carry, and soil erosion.
SUMMER 2014
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material growth.
Get the Most Out of Your Irrigation System Your irrigation system is the
Lush Lawns: A Thing of the Past?
foundation of your landscape. There
The biggest water offender in
are several new and resourceful ways
landscaped areas will always be turf
to reduce water usage with this water
grass. Everyone loves a green lush
delivery system. Using the correct
lawn, yet that is quickly becoming
nozzles and screens to regulate output
a thing of the past. Residents and
is the easiest and most cost efficient
managers may want to consider
way to reduce water usage. If new
how useful the turf areas are in their
heads are being installed and nozzles
communities. Leaving large useful
are not being changed, chances are
turf areas and eliminating small mow
water is being wasted due to runoff.
strips is a great start. If the turf area
Drip irrigation is quickly becoming
is generally used for specific activities
the standard irrigation method for
such as playing ball or picnicking,
many applications. Drip irrigation
then it can be seen as an asset to
admits water only where it is needed,
the community. Other, non-essential
which can provide communities with
turf areas may be considered for
significant water savings. Using this
renovation.
localized method of watering instead
Removing turf grass and replacing
of overhead spray heads means there
it with synthetic turf is growing
is less chance of run-off, evaporation,
in popularity. This is attributed to
COMMON ASSESSMENT MAGAZINE
recent advancement in technologies and increased awareness of its benefits. The reduced water use and maintenance are the greatest benefits that communities may see. One other
Putting the
“doggie spots.”
unity in
Removal Rebates
community
benefit would be no more unsightly
Get the most out of turf removal. Exploring sites like SoCal Water Smart’s www.socalwatersmart.com can get you a rebate of $1.00 or more per square foot when you replace turf with California Friendly™ landscape. Replacing water-intensive plant material with water-saving landscape not only assists with water bill savings
At Walters Management, we believe in creating partnerships with the communities we serve by facilitating open communication and transparency in every aspect of our business.
and reduces landscape maintenance costs, but also shows the community you care about earth’s precious resources.
your community our commitment SAN DIEGO
Mike Scorsone is Artistic Maintenance, Inc.’s Branch Manager of Operations for San Diego County.
•
C H U L A V I S TA
•
CARLSBAD
[800] 227- 6225
•
M U R R I E TA
waltersmanagement.com
dediCated
Marlene Arredondo is the VP of Sales and Marketing at Artistic Maintenance, Inc., a landscape maintenance and construction company serving Southern California.
Our experts understand the needs of community associations. We can FinanCe your essential projects, including: • Building Repairs
Thank You to Our Essentials Class Sponsors March 8, 2014 Morning Session Brad L. Stoner Painting, Inc. JW Cleaning & Restoration
• Improvement Projects We offer state-of-the-art LoCk Box and CasH ManageMent services, as well as a full array of other depository services.
ContaCt: Larry Hooper, Vice President 714-864-5171 Toll free: 800-233-7164 LHooper@bpop.com www.associationbankers.com
Afternoon Session JW Cleaning & Restoration ©2012 A Division of Banco Popular North America. Member FDIC.
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New & Renewing Members Welcome new chapter members!! Thank you to our chapter members that have renewed their CAI membership. We appreciate your continued support and participation in our chapter.
NEW MEMBERS 360 Community Management....................... 3/14 California Safety Agency................................ 3/14 CiraConnect.................................................... 3/14 Cox Communications..................................... 1/14 Kirk Miller Insurance Agency......................... 3/14 RoofLIFE Management, Inc........................... 1/14 Blostin, Steve.................................................. 2/14 Breedlove, Natasha........................................ 2/14 Colpitts, David................................................ 2/14 Dawson, Robyn.................................................2014 Dmytrenko, Vlady........................................... 2/14 Douglas, Monique.......................................... 3/14 Duponte Nalani.............................................. 2/14
RENEWING MEMBERS 4-Points Management Agency........................2004 Access Professional Systems, Inc....................2013 Aegerter, CMCA, AMS, Alan...........................2006 Afkhami, CCAM, PCAM, Sabrina....................2006 Agricultural Pest Control..................................2002 Albert, Mark.......................................................1983 AlliedBarton Security Services, Inc..................2009 Andrade, Iris......................................................2013 Animal Pest Management Services, Inc.........2008 Antimite Termite and Pest Control.................2012 ARK Management.............................................2010 Association Capital Bank, a Division of Texas Capital Bank....................2011 Association Reserves San Diego, LLC............2008 Associations Insurance Agency, Inc................2009 Aztec Tree Service.............................................2012 Baker, CMCA, Deborah....................................2005 Bald Eagle Security Services, Inc....................2009 BELFOR Property Restoration.........................2013 Beneventi, John................................................1992 Bice, CMCA, AMS, Jerry..................................2007 Brennan, CMCA, Nicholas...............................2009 Brewster, CMCA, AMS, PCAM, Kelley............2009 Brinks Services, Inc............................................2006 Brothwick, Robert..............................................2013 Brustkern, CMCA, Sheila..................................2006 Burns, Gloria......................................................2013 Buzzell, Sue........................................................1979 Camp, Becky......................................................2013 Camp, CCAM, Katy..........................................2008 Casselman, Steven............................................2010 Cavanaugh, Richard..........................................1992 CertaPro Painters, Ltd......................................2003 Champagne, Dorothy.......................................2009 Chavez, Marina..................................................2013 Christian, Susan.................................................2010 CINC Systems....................................................2008 Clark Pest Control.............................................1996 Coobatis, CMCA, Maureen.............................2009 Croft, Ken...........................................................1979 Curtis Management Company, Inc.................1984 Demoranville, David.........................................2013 Design Build Associates...................................2007 Dillingham & Associates .................................2009 Dolnick, Sam......................................................1990 Donaldson, Robert............................................1992 Durst, Ann..........................................................1983 Elliot Katzovitz Insurance Agency...................1999 Emercon Construction, Inc..............................2013 EmpireWorks Reconstruction and Painting...2004 Feist, Vetter, Knauf & Loy.................................1978 Fennell, CMCA, Robin......................................2009 First Citizens Bank.............................................2011 14
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Garcia, Martha................................................ 3/14 Gerner, Jennifer.............................................. 3/14 Hickman, David............................................... 2/14 Kanan, Linda................................................... 2/14 Konstanzer , Arlyn........................................... 2/14 Layman, Nancy................................................ 2/14 Mae, Michael.................................................. 3/14 Mchutchinson, Michelle................................. 2/14 McLaughlin, Therese...................................... 3/14 McMillen, Joe................................................. 3/14 Miller, Floyd..................................................... 2/14 Niles, Walter.................................................... 2/14 Pedraza, Jesus................................................ 1/14 Peterson, Keith............................................... 2/14
Phillips, Ted..................................................... 3/14 Quinn, Terrence.............................................. 2/14 Senske, Jessica............................................... 1/14 Short, Josette.................................................. 1/14 Suarez, Margot................................................ 3/14 Tanjuakio, Katrinia.......................................... 1/14 Thompson, Frank............................................ 2/14 Tillmond, Rita.................................................. 3/14 Tracy, Margaret............................................... 3/14 Ward, Jessica.................................................. 2/14 Whitmore, Maureen....................................... 2/14 Zajaceskowski, Alicia...................................... 3/14
Fortmueller, Sharon..........................................2011 Global Disposal Reduction Services, Inc........2008 Golden State Reserves Studies, LLC..............2013 Goldstein, CMCA, Kami...................................2013 Gonzales, Christine...........................................2013 Graham, CCAM, CMCA, AMS, PCAM, Lori....2006 Graviss, CMCA, AMS, Tara..............................2012 Green Bryant & French, LLP............................2005 GRG Management, Inc....................................2013 Griffiths, CMCA, AMS, Deborah.....................2006 Groenewold, CMCA, AMS, PCAM, Rebecca...2005 GuardTop, LLC..................................................2013 Halliday, Heidi....................................................2007 Haney Accountants, Inc....................................2009 Heaviland Enterprises, Inc...............................2011 Hill, CCAM, CMCA, Linda K............................2007 HOA Elections of California, Inc.....................2006 Hudson, Melanie...............................................2010 Interiors: By Design...........................................1996 Isaacson, CCAM, CMCA, AMS, PCAM, Lisa...2007 Ivey Engineering, Inc........................................2012 Johnson, Glen...................................................2013 Kepler, Chester..................................................2010 Kerl, Don............................................................2012 Kiel, Bill...............................................................1979 Kim, CCAM, CMCA, AMS, Jamie...................2007 Kindig, Pamela..................................................2010 Klima CMCA, AMS, Nadya..............................2006 Korody, Amber..................................................2006 Kownacki, CMCA, Joel.....................................2013 Kriger Law Firm.................................................1984 Landsystems......................................................2002 Lang, CMCA, AMS, Tracy.................................2009 LeBlanc, CMCA, AMS, John............................2010 Levine, CMCA, Aaron.......................................2013 Liese, CMCA, AMS, Janice..............................2006 Lindley, Erin........................................................2013 Lindsay Management Services........................2012 Lloyd, Alicia........................................................1999 Lloyd Pest Control............................................2006 Lutz, Mike...........................................................2006 Mary Minnier, CPA............................................2007 Mays, Traci.........................................................2010 McClure, CMCA, AMS, Clint...........................2006 McKearn, Sharon...............................................1979 McMurray, CMCA, AMS, PCAM, Shannon....2008 McNamara, Patrick............................................1992 Medley, Karen....................................................2009 Mercer, Christina...............................................2012 MeterNet...........................................................2011 Michaels, Donald..............................................2006 Miraglio , Rosemarie.........................................2010 Morgan Stanley Smith Barney.........................1996
Morning View Associates, LLC........................2006 Morrisey, CMCA, Patrick..................................2009 Murphy, Haley....................................................2013 Murrey, CMCA, McKenzie................................2006 Nelson Paving/Goldstar Asphalt.....................2008 Nevarez, CMCA, AMS, Jimmy........................2013 Nickell, Melodie................................................2013 OCBS, Inc...........................................................2006 Osborn, Jim.......................................................2009 Pacific Rim Property Management, AAMC....2011 Patstone, Jennifer.............................................2013 PCM of California, Inc., CMF...........................1989 Penzes, PCAM, Peter........................................2005 Pernicano Realty Management Company.....1997 Personal Touch Cleaning & Maintenance, Inc....2012 Peterson, Thomas.............................................2013 Petrekova, Rita...................................................2012 Platt, Tina...........................................................2013 Popular Association Banking...........................2005 Private Security..................................................2013 R&D Pest Services, Inc......................................2009 Rayco, Inc...........................................................2013 Raymundo, Christian........................................2013 Rice, Louella.......................................................2010 Roy Palacios Insurance Agency, Inc................2005 Runsvold, Erik....................................................2013 S.H.E. Manages Properties .............................2005 San Diego Roof Doctor....................................2011 Sandoval, CMCA, AMS, Asael.........................2006 Seelig, Melanie..................................................2013 Servpro Industries.............................................2010 Sheldon, Andrew...............................................2013 Shipp, CMCA, AMS, Cori.................................2006 Simone, Tom......................................................1979 Smith, Shelley....................................................1983 Stanley, CMCA, AMS, Nina..............................2010 Steven Segal Insurance Agency, Inc...............2003 Stewart, PCAM, William...................................2005 The Forestry Group Tree Care Services.........2012 The Naumann Law Firm, PC............................2012 Transpacific Management Service..................2012 TruGreen LandCare..........................................2002 ValleyCrest Landscape Maintenance .............2011 Vellios, Gerie......................................................2005 Villa Park Landscape.........................................2006 Vista Paint Corporation....................................1991 Vongphosy, Annie.............................................2013 Wagner, CCAM, CMCA, Janet........................2006 Zumbahlen, Michael.........................................1999
COMMON ASSESSMENT MAGAZINE
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The FHA Impact Do Evolving FHA Certification Requirements Have An Effect On The Marketability And Governance Of Properties In Condominium Developments? By Laura V. Kwiatkowski, Esq.
16
SUMMER 2014 | COMMON ASSESSMENT MAGAZINE
I
n order to address the impact that the Federal Housing
for the agency to provide its backing. For condominium
Administration’s (FHA) certification requirements have
communities, this is known as “FHA Certification.” Currently,
on condominium developments, we must first start with
an FHA certification for a condominium project is good for
the purpose and role of the FHA. Created in 1934, the FHA’s purpose is to provide
only two years. FHA minimum eligibility requirements can impact
mortgage insurance on loans made by approved lenders
condominium projects in a significant way. For example, in
throughout the United States. In 1965, the FHA became part
order for a project to be FHA certified, the FHA requires,
of the U.S. Department of Housing and Urban Development
among other things, that at least 50% of the total units in
(“HUD”). The FHA insures certain mortgages on single
the project be owner occupied or sold to owners who intend
family homes, multifamily homes (namely condominiums)
to occupy the units. Also, condominium projects which allow
and even manufactured homes. FHA mortgage insurance is
short term rentals (typically, less than 30 days) and time
designed to protect approved lenders from financial losses
share projects are not eligible for FHA Certification. Another
due to defaults. An FHA-backed loan typically allows buyers
FHA minimum eligibility requirement provides that no more
to purchase a home with a smaller down payment than
than 15% of the total units in the condominium project can
most conventional loans. An FHA-backed loan might also
be more than 60 days past due in paying assessments. The
have a lower interest rate. However, the FHA establishes
current 60 day provision is effective until August 31, 2014
certain minimum eligibility guidelines which must be met
unless otherwise extended by the FHA. Some argue that in today’s market, unless a condominium project has an FHA Certification, sellers are disadvantaged by a smaller pool of potential buyers. They contend that the lack of an FHA Certification could mean fewer sales and a possible decrease in property values within the condominium association. These concerns lead owners to place pressure on their associations’ boards of directors to address the issue. Owners may want to alter their governing documents to meet FHA minimum requirements. This, however, is no simple task. A common rental restriction sought by owners to meet the FHA’s minimum requirements is a cap on the number of rentals within the community in an attempt to ensure that at least 50% of the units are owner-occupied as required for FHA certification. This means amending the CC&Rs with the required approval of the membership. Further, under California Civil Code §4740, an owner may not be subject to a rental restriction which became effective on or after January 1, 2012, unless it was in effect at the time the owner purchased his or her unit or the owner voluntarily agrees to be bound by the rental restriction. Communities with rentals in excess of the cap may have to wait until the rentals’ owners sell their units to see the positive effects of the cap. Owners must disclose rental restrictions to potential purchasers. This, in turn, could also reduce the pool of potential purchasers. Investor-owners Continued on page 18
COMMON ASSESSMENT MAGAZINE
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17
THE FHA IMPACT
condominium project approval
Continued from page 17
guideline changes and is effective
would be dissuaded from purchasing.
until August 31, 2014 unless otherwise
Even prospective owners who
extended by the FHA.
plan on occupying the unit at the
Specializing In
Water Management For Condominiums Since 1991
“willfully” provide false, fictitious,
about buying: what if their personal
or fraudulent attestations in the
circumstances change and they are
certification may be subject to a
limited in the future from renting their
fine of up to one million dollars
unit?
and/or up to 30 years in prison. In
Consider also that condominium
addition, any person who signs the
associations have little control over
certification may also be exposed
the number of delinquencies in their
to monetary civil liability to HUD
community. While the association
if HUD sustains damages from the
HOA
does have the ability to move forward
person’s actions. Even attorneys are
25%
with the lien process or to initiate
not immune to potential liability or
legal action, the association does not
sanctions. Attorneys who violate
have the ability to stop owners from
these obligations may be disbarred.
falling more than 60 days behind in
As a result, community managers,
their assessments. This is particularly
board members or attorneys might
true when delinquencies are driven
understandably be concerned with
by a poor economy and high
their own potential liability in signing
unemployment.
such a certification.
Wa
ter
s!
y
Goodbye T
o
Sa
Average Savings of
Hog
Reduce Water Usage • Water meter systems, reading, billing & collections
Lastly, the HUD Condominium
are constantly evolving. Associations
(as modified by HUD’s Mortgagee
should always check with their own
Letter 2012-18) currently requires,
legal counsel to verify the most
among other things, that the person
current FHA certification requirements
who submits the application for FHA
prior to deciding on proposed CC&R
Certification must also sign and submit
amendments and whether or not
a Project Certification document. The
to seek FHA Certification or FHA
person signing the Project Certification
Recertification.
document certifies that to the best
How condominium communities
information and statements contained
will respond to FHA certification
in the application are true and correct,
requirements is an evolving process
they have reviewed the application and
based on the varied perspectives of
it meets all current FHA condominium
the association’s board of directors
approval requirements, and they
and the members living within the
have no knowledge of circumstances
community.
or conditions that might have an adverse effect on the project. Some
• Locates costly leaks
or conditions provided on the FHA
(888) 203-8653
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There are no easy answers.
of their knowledge or belief the
examples of such circumstances
• Individuals pay only for their use
FHA certification requirements
Project Approval and Processing Guide
• Maintains lower monthly dues
18
Persons who “knowingly” or
time of purchase might think twice
Project Certification document include, but are not limited to, “. . . defects in construction; substantial operations issues; or litigation, mediation or arbitration issues.” The current FHA Project Certification language was implemented as part of temporary
COMMON ASSESSMENT MAGAZINE
Laura V. Kwiatkowski, Esq. is the owner of the Law Office of Laura Kwiatkowski. The firm has specialized in the representation of common interest developments for over twenty years.
our mission theprovide Devil is solutions... in the details. We In Community Association Law…
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19
Service Assistance Emotional Support or Companion?
W
ANIM
hat’s the difference between a service animal
However, the FHA is applicable and covers virtually all
and an emotional support animal? Not much,
types of housing, including community
when it comes to having to allow them in
associations, with a few limited
community associations!
exceptions. And, the FHA’s
Consider this scenario: Sally Director receives a
definition of an “assistance
complaint from a resident that a neighbor just moved in
animal” is much broader
with a dog and a bird. A big bird, like a parrot or something.
than the ADA’s.
The complaining party doesn’t have any specifics, but says
So, you can take the
that they had experience years ago with a bird, and birds
exact same scenario
are loud and messy, and they don’t want to live next door
described above, delete
to another one. Sally Director agrees, having been horribly
the word “bird,” and insert
attacked by birds as a child, and since the community
the word “cat,” “dog,”
has a one-pet only restriction, she goes to Marc Manager,
“snake,” or “spider.” Under
and says send a violation letter to Bird Man because birds
the FHA regulations,
aren’t allowed in the community. In response, Bird Man says
the types of permitted
he needs the bird to calm him from his debilitating PTSD
assistance animals are
anxiety attacks.
not limited to dogs.
Can You Get Rid of the Bird? Sure, you think to yourself, my attorney told me that the Americans with Disabilities Act (ADA) was changed recently so that only trained dogs can be service animals. I can get rid of the bird! Unfortunately, the answer may be “no.” Under certain circumstances you can’t flip out over the bird, and may have to allow it. Just like other areas of association governance, there are many laws that apply to animals in community associations. We’re focusing on one such law here: the Fair Housing Act. The FHA applies to community associations and requires reasonable accommodations in rules and policies to accommodate persons with disabilities. While it is true that the ADA provisions regarding service animals were changed in 2011 to refer to trained dogs, the ADA is generally not applicable to community associations (because most associations are not places of “public accommodations” or open to the public). 20
SUMMER 2014
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COMMON ASSESSMENT MAGAZINE
Also, names don’t matter. Under the provisions of the FHA, it
MALS IN HOAs By Kenneth H. Dillingham, Jr., Esq.
doesn’t’ matter whether you call them service animals,
alleviates one or more identified symptoms or effects of a
companion animals, emotional support animals, therapy
person’s disability.”
animals, or working animals. If the animal is there to serve the individual’s disability, it is not a “pet,” and is subject to the FHA’s reasonable accommodation requirement in rules enforcement.
Examples given of such assistance animals include guiding blind individuals, alerting deaf individuals to sounds, providing protection and rescue assistance, pulling wheelchairs, fetching items, providing seizure alerts, or providing emotional support to persons with disabilities who
The following is taken directly from an April 25, 2013, notice produced by the U.S. Department of Housing and Urban Development:
have a disability-related need for such support. And, while dogs are the most common type of assistance animal, the HUD Notice states that other animals can also be assistance animals. Finally, for purposes of reasonable accommodation
“An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that
requests under the FHA, there is no requirement that any such animal be individually trained or certified. Even a pound rescue animal can qualify! So, when faced with the bird, what can you do? Just as with any other disability-related request for reasonable accommodations in rules enforcement, there’s generally only two questions you can ask: (a) Does the person seeking to use and live with the animal have a disability – meaning a physical or mental impairment that substantially limits one or more major life activity? And, you can only ask this if the disability is not obvious or otherwise known to you! (b) Does the person making the request have a disabilityrelated need for an assistance animal? Specifically, does the animal “…work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person’s existing disability.” If the answers to both questions are “yes,” you likely need to allow the assistance animal. You can deny a reasonable accommodation request; but do so at your own peril! The HUD Continued on page 22
COMMON ASSESSMENT MAGAZINE
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21
Also, beware about questioning a disability, even when
ANIMALS IN HOAS Continued from page 21
given a reasonable accommodation request. If the person’s
Notice provides four acceptable reasons for denial: 1.
disability is not readily apparent or already known by you,
Accommodating the request would impose an undue
you can ask for reliable documentation of a disability and
financial and administrative burden.
their disability-related need for an assistance animal. If the
2. Accommodating the request would fundamentally alter the nature of the housing provider’s services. 3. The specific assistance animal in question poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation.
person’s disability is readily apparent, you can’t ask. Also, you can’t ask for access to, or copies of, medical records or physician’s names for detailed or extensive information or documentation of a disability. Just as with any other disability-related request for reasonable accommodation, a request for an assistance
4. The specific assistance animal in question would
animal cannot be unreasonably denied, and you cannot
cause substantial physical damage to the property
require additional fees, deposits or other prerequisites before
of others that cannot be reduced or eliminated by
allowing the assistance animal. Nor can your response to
another reasonable accommodation.
any reasonable accommodation request be unreasonably
Note that direct threats of harm or damage cannot be
delayed. If you do so, any resident who believes they have
based on breed, size or weight. Nor can speculation or fear
been discriminated against may file a complaint with the
be used to justify any denial. Any denial must be based
California Department of Fair Employment and Housing or
on looking at the specific animal in question and must use
the federal Department of Housing and Urban Development.
objective evidence about that animal’s actual conduct.
Then, you’re in trouble!
For example, let’s use an aggressive breed that’s been in the news lately, a pit bull terrier. You cannot use the fear of attacks by pit bulls to justify denying an accommodation to a disabled person’s request to keep their assistance pit
Ken Dillingham is an attorney with Dillingham & Associates, working with homeowner association communities since 1986.
bull. You have to look at the disabled person’s individual pit bull and make your determination based on that objective observation.
Some “Cans” and “Cannots” in Service Animal Investigations When faced with an animal violation what cannot be asked? • CANNOT ask if there is a disability. • CANNOT ask about the nature or severity of the disability. • CANNOT ask anything if the disability is obvious or already known, and • CANNOT ask if the need for the requested accommodation is readily apparent or known. • CANNOT ask for a pet deposit or fee. If someone says they have a disability and need an animal, what can I ask? • CAN ask for information to verify the disability (if it’s not obvious or known). • CAN ask how the animal addresses the disability (if it’s not obvious or known).
22
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COMMON ASSESSMENT MAGAZINE
What types of information can I require? • Verbal assurances from the requestor. • Doctor or other medical professional note. • Note from peer support group or non-medical service agency (think AA or hypnotherapist). • Note from reliable third party, someone who’s in a position to know about the disability (think commanding officer). Only get the minimum; you can’t get detailed medical records. Once you’ve established a disability, limit your requests to only the information necessary to evaluate the animal request. Keep all information confidential, unless told otherwise.
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23
NewsStand NEWS FROM CAI NATIONAL
CAI Recognizes Almost 80 Exemplary Board Members Close to 80 community association board members from 20 states and Washington, D.C.—all of them homeowners
protect property values and meet the established expectations of their fellow residents. It’s a challenging, demanding, time-consuming responsibility, but they do it— often year after year.”
who lead their communities as volunteers—have been recognized as part of Community Association Leader Appreciation Month. Sponsored by Community Associations Institute (CAI), the observance coincides with National Volunteer Month in April. An estimated 1.7 million Americans serve on boards that govern more than 328,000 homeowners associations, condominiums, cooperatives and other planned communities across the country. These volunteers are typically elected by their homeowner neighbors, some serving year after year after year. Collectively, community association board members contribute time valued at almost $1.5 billion to their communities every year. The board members honored by CAI were recommended by residents, fellow board members or managers in their communities. “Imagine volunteers contributing more than 66 million hours of their personal time annually to serve their neighbors and communities,” said CAI Chief Executive Officer Thomas M. Skiba. “The board members recognized by CAI symbolize the commitment of time, energy and expertise provided by literally hundreds of thousands of association volunteers. While many are supported by community managers and other professionals, board members are ultimately responsible for the well-being of their communities.” “These leaders and other homeowner volunteers dedicate themselves to building and sustaining their communities,” Skiba says. “They develop and meet budgets, ensure that services are provided, hire and supervise service providers, plan and oversee capital improvement projects, coordinate association activities and so much more. “But what they really do—what’s most important to homeowners in every community association,” Skiba add, “is preserve the nature and character of their communities, 24
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COMMON ASSESSMENT MAGAZINE
San Diego County HOA Board Members Recognized Include: Nick Anastasopoulos Community Association of Bernardo Heights San Diego, CA Norm Halus Shadowridge Owners’ Association Vista, CA Donald Lopez Ocean Hills Country Club Oceanside, CA Teene Miller Shadowridge Owners’ Association Vista, CA Ed Philbrick San Elijo Hills Community Association San Marcos, CA Don Renfro Liberty Station Community Association San Diego, CA Angela Takemoto Ocean Hills Country Club Oceanside, CA Doug Weihe Rolling Hills Ranch Community Association Chula Vista, CA
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Past Presidents’ Luncheon
Pictured from left to right, seated: Barbara Ozenbaugh, Executive Director, Marie Donovan, Jason Payne, Louise Stettler and Marc Poland. Pictured from left to right, standing: Jon Epsten, Esq.,, Mike Packard, Cyndi Koester, PCAM, Joel Kriger, Esq., Willie Payne, Pat Sullivan, Kieran Purcell, Esq., Rick Salpietra, Esq. and Len Sonnenberg.
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UNDER SURVEILLANCE
UNDER SURV EILLANC E
Using Surveillance Cameras to Capture Criminal Activity By Susan Fakhouri, CMCA, AMS, PCAM
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SUMMER 2014
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COMMON ASSESSMENT MAGAZINE
A
ssociations generally
factors. Monitoring cameras must
activity has occurred on the property,
are required to maintain
be placed in common areas and the
concerned homeowners often times
the common area. This
association must post signs to indicate
will request to place their own lighting
includes making needed
the presence of these cameras. Most
and/or monitoring devices within
repairs to prevent injuries and to
importantly, the cameras must be
their exclusive use areas. In this case,
prevent potential liability. But what
functioning to prevent a false sense
the board should adopt architectural
if property loss, injury, or even death
of protection by homeowners. A
guidelines to include lighting and
occurs because of an unforeseeable
camera placement by the individual
event? In this case, the unforeseeable
homeowners, especially if past
event is a horrible crime. It is crucial that the board consult with the association’s insurance agent and legal counsel for coverage information and potential liability relating to criminal activity. Certain criminal activity is on the rise. According to Bert Gines, Security Guard Trainer, with Security First in El Cajon, California, “Since marijuana dispensaries are now everywhere, organized crime has increased dramatically and drug dealers have gone back to burglarizing homes to sell stolen items and to committing robberies for money.” Additionally Mr. Gines notes, “Criminals like to target community association residents because they typically do not have large dogs or security alarm systems like single family homeowners do. The criminals will often canvass the property
More and more associations are now budgeting for surveillance camera usage in the common area.
beforehand and they work in teams. homeowner may think they do not
burglary ends up as a home invasion.”
need to protect themselves further
Perhaps in response to rising
More and more associations are now budgeting for surveillance camera usage in the common area. Since this budgeted line item is not considered a necessity, board members and homeowners may be in disagreement as to how much should be allocated to monitoring the association. Therefore, it is important that the board understand the monitoring company’s role and what the association is paying for and communicate these facts to the homeowners. If associations have neighborhood watch program, all volunteers should have background checks prior to involvement, and the board must regularly check on the activities performed. Due to recent issues concerning the operation of neighborhood watch programs in community associations, consult with legal counsel before organizing such a
Sometimes what was supposed to be a
crime, more and more associations
problems exist.
because of a visible camera. The association should adopt
committee. Associations cannot guarantee security, so residents must be aware of their surroundings at all
are installing surveillance cameras in
a policy for who can view the
time. Any unusual activity must
their communities. It is important to
surveillance camera footage, such
be communicated to the board,
note that surveillance or monitoring
as the board of directors, or the
community manager, or in some cases
cameras do not prevent crime; these
management company. Associations
to the proper authorities.
cameras do not discriminate and are
should also consider the privacy rights
used to record before, during, and
that are reasonably expected by
after a criminal activity takes place.
members.
Consequently, the surveillance footage
Also, criminals tend to commit
may be used to assist in arresting and
crimes in poorly lit areas; therefore, it
convicting perpetrators.
is the board’s duty to protect residents
Associations considering installing cameras need to consider certain
Susan Fakhouri, CMCA, AMS, PCAM, is the owner of Today’s HOA Consulting and Business Services.
by making sure the common area has sufficient lighting. If prior criminal COMMON ASSESSMENT MAGAZINE
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29
FOCUS
Thank You to Our 2014 Reverse Trade Show Sponsors American Geotechnical Arborwell AV Builder Corp Bald Eagle Security Services Black Diamond Paving CertaPro Painters Dunn-Edwards Corporation Empire Works Painting and Re-Construction Four Seasons Tree Care LaBahn’s Lanscaping Landcare Logic New Way Landscape & Tree Services Pacific Backflow Co., Inc. Pacific Green Landscape, Inc. Pacific Western Painting, Inc. Payne Pest Management Popular Association Banking Premier Roofing CA, Inc. PrimeCo Painting Rayco Inc. Reconstruction Experts RSI Roofing Silldorf & Levine, LLP The Termite Guy Western Towing
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SUMMER 2014
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CAI-SAN DIEGO GOLD MARKETING PLAN MEMBER
PacWest Painting has been San Diego’s trusted painting company for the past 9 years. Our team at PacWest Painting gives clients and potential customers the satisfaction they deserve with a reputation built around accountability and dedication. PacWest Painting provides interior/exterior painting and wood repair of residential and commercial properties. From large scale multi-family community projects to cabinetry and interior finishes, we offer a list of services that are affordable and sustainable. With testimonials from entrepreneurs, HOAs, and corporations, we stand behind our work and guarantee a stress free painting project experience. How does the company instill a sense of team/camaraderie? Working as a family, no individual is above the team. Keeping each other accountable on the jobsite. How long have you been a CAI member? PacWest Painting has been a member of CAI for the past 4 years. Please share the value that you receive from being a CAI member. Communicating, networking and sharing with other industry professionals and seeing what homeowners and management companies are looking for in a painting contractor. What is the most memorable moment or highlight for the Company? Painting the iconic “HOLLYWOOD” sign in Los Angeles, CA. What advice would you would give to board members, community managers and industry professionals? When selecting a painting contractor or any other service professional, pay close attention to which company gives the best customer service to the community and the management company. You are not their only client, but you should feel that way. What is your top 5 forecast for the San Diego CID industry over the next 10 years? Needed capital improvements vs. collected association dues will become more of a manageable battle then the war it has been for so long. The housing market has been making a slow but steady comeback since the crash that led to a rapid decline in home prices and record numbers of foreclosures and under water mortgages. We will again see more and more new CID construction over the next few years with the positive changes taking place in housing supply and demand. More than ever homeowners are seeking education and industry expertise which will only continue to strengthen the relationship between communities and quality service providers in the coming years. Thank you to Pacific Western Painting for their ongoing support of CAI San Diego as a Gold Marketing Plan sponsor for 2014.
COMMON ASSESSMENT MAGAZINE
CREATING A
Community Garden C
BY TIMOTHY P. FLANAGAN, ESQ.
ommunity gardens have
a canyon and out of sight. However, the
increased in popularity over the
board was still concerned about access
past several years as people
to the garden and placing the garden too
have become more aware of
close to the units because of the potential
the positive economic and
increase in foot traffic.
environmental impact of locally grown
After locating a place for garden, it
produce. Plus, they are also a good way to
is recommended that your association
get outside, meet your neighbors and have
contact its legal counsel to review potential
fun. This growing trend has now begun to
legal issues that may arise. These issues
surface in community associations in San
include who may use the garden, rules of
Diego.
use, potential permitting issues, safety, and
Genesee Highlands Community Association, located in the University City
liability concerns. The community garden at Genesee
neighborhood in San Diego, is one of
Highlands was designed to hold ten
these communities. The board president at
individual plots to be used by ten owners.
Genesee Highlands said that the board had
Initially twenty-five owners applied for a
been entertaining the idea of a community
plot in the garden, so in order to determine
garden, but was not sure how to implement
who could use the garden, the HOA
it.
implemented a lottery system to assign The first hurdle was locating a spot in
the ten available plots. The lottery drawing
the common area to place the community
was conducted during a board meeting
garden. Although community gardens
as an open and fair method of selecting
can be created in all shapes and sizes,
the owners. As a side benefit, the lottery
many communities do not have much
increased community participation. The
land to spare. Also, some owners may find
board had never seen so many people
community gardens to be unsightly, thus it
attend a regular board meeting.
may be desirable to place the garden in an
The people who were chosen were
inconspicuous place. These were not issues
granted a two-year temporary, non-
at Genesee Highlands, where the common
transferable, “right to use� the garden
area is quite large with much of it abutting
and had to sign a contract which outlined Continued on page 32
COMMON ASSESSMENT MAGAZINE | SUMMER 2014
31
ssl_CAI_0210:Layout 1
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Improving more than just your property.
CREATING A COMMUNITY GARDEN Continued from page 31
their limited right to use the garden. A written contract is important for both planned unit developments and condominium associations to ensure
S TEVEN S MITH
that the association retains control over the common area and to define the
L ANDSCAPE I NC .
terms of use. Additionally, the gardeners had to sign a release and waiver of liability, and had to agree to abide by the community garden rules. These rules included what can and cannot be grown in the garden, what tools may be used, hours the garden was open,
From installation to maintenance, Steven Smith Landscape Inc. provides every landscape need. Specializing in HOA landscape maintenance, we improve curb appeal and enhance your overall HOA experience. In partnership with management and the Association, we bring clear, concise communication, quick response and project satisfaction.
gardening etiquette, cleaning up and storage of tools and other gardening equipment. Finally, the board needs to be aware
For your larger landscape needs, our full service construction division can meet your needs. Our reference list includes Poway Unified School District, City of Escondido, City of Santee, City of San Marcos and U.C.S.D.
of potential costs of constructing and
Call Today For A Professional Proposal
may need to be fenced off to designate
760/745.9916
Lic No. 456160
maintaining the garden. For example, the land may need to be cleared, and its use as a garden. Also, the garden and gardeners will need to have access to water and possibly a place to store gardening tools. These costs can be absorbed by the community gardeners themselves through an annual usage fee. The bottom line is that a community garden can be a successful and fun endeavor for a community association, and may create a deeper sense of community and environmental awareness.
Timothy P. Flanagan is an associate attorney with Green, Bryant & French, LLP. Green Bryant & French, LLP represents community associations throughout Southern California.
32
SUMMER 2014
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COMMON ASSESSMENT MAGAZINE
Effective General Counsel
Successful Assessment Collection • • • •
Timely Status Reports Responsive Paralegals Collectibility Analysis Judicial or Non-Judicial Foreclosures • Money Judgment Lawsuits • Small Claims Assistance • Post Judgment Recovery
• • • • • • •
ADA & DEFH Compliance Amendments to CC&Rs & Bylaws Architectural Matters Contracts & Insurance Elections & Recalls Employment Law Legal Opinions San Diego: 760.529.5211 • Fax 760.453.2194 Orange County: 949 322 6838 • Fax 949 766 4712 www.AttorneyforHOA.com
THANK YOU TO OUR FEBRUARY MORNING PROGRAM SPONSORS
HOA Banking Solutions Cash Management Solutions · HOA Loans · Innovative Lockbox Processing Capabilities Online Access and Research · Multiple Payment Options
Carlsbad Morning Program Epsten Grinnell & Howell, APC LaBahn’s Landscaping
Responsive. Experienced. Creative.
Pacific Backflow Co., Inc. Pacific Green Landscape, Inc. Pacific Western Painting, Inc. Popular Association Banking Rayco Inc. San Diego Morning Program Bald Eagle Security Services Epsten Grinnell & Howell, APC
Susan Abubo
Pacific Backflow Co., Inc.
HOA Manager | (760) 432-1332 | sabubo@pacificwesternbank.com
Rayco Inc.
900 Canterbury Place, Suite 101 Escondido, CA 92025
Reconstruction Experts Servpro Industries Trip Wilson Insurance Agency
Member
FDIC
pacificwesternbank.com COMMON ASSESSMENT MAGAZINE
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SUMMER 2014
33
The Rise of E-Cigarettes Recently, our management
To Smok by Kyle Kruger
requested on the issue is 10 pages long
flavoring, and propylene glycol,
company was asked to provide
and has no clear cut solution on how
ingredients that are currently used
input regarding the pros and cons of
to resolve secondhand smoke issues.
in everything from cake frosting to
electronic cigarettes (also referred
First, let’s look at the positive
asthma inhalers, as well as many oral,
to as “e-cigs”). Those outside the
aspects of an electronic cigarette.
topical and injectable medications.
community association industry might
What the mainstream media calls
The user, at his or her discretion, can
wonder “what do electronic vaporizers
electronic “cigarettes” are not
choose to add nicotine to the liquid.
have to do with homeowners
cigarettes at all. They are electronic
According the FDA’s website (www.
associations?” For many years,
vaporizers which atomize latent
fda.gov), some who choose not to add
community associations and managers
moisture from the air to produce
nicotine to the electronic vaporizer find
have been dealing with difficult
water vapor. Sometimes referred
that it has kept them from returning to
situations, discussions, and legal
to as “vaping,” using electronic
cigarettes.
issues associated with secondhand
vaporizers does not necessarily
smoke and cigarette use. Every legal
include nicotine. Instead, they contain
by Adrian J. Adams and published
opinion our management company has
vegetable glycerin, FDA approved
on davis-stirling.com, condominiums
34
SUMMER 2014
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COMMON ASSESSMENT MAGAZINE
According to an article written
Landscape Maintenance & Enhancements Irrigation Maintenance & Installation Water Conservation & Management Turf Management Brush Management Tree Care Management
Commit to working smarter, not harder. Turn over a new leaf and contact us today. www.PacificGreenLandscape.com
800.439.9962 • 619.390.9962
ke or Not to Smoke
have shared walls, ceilings and floors where cigarette smoke can drift into adjoining units. The annoying odors and carcinogens give associations a solid basis for banning smoking inside units, and many already have done so. The bi-product of burning cigarettes contains as many as 4,000 chemicals and heavy metals, most of which are known to cause cancer, stroke, heart disease, and many other health issues as well as emitting an offensive odor. The odor and smoke carry through the air and linger for long periods of time. Continued on page 36 COMMON ASSESSMENT MAGAZINE
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SUMMER 2014
35
THE RISE OF E-CIGARETTES
held in for a long period of time,
adjoining units or cause harm to
Continued from page 35
100% of the vapor is absorbed by the
neighbors.
user and no vapor is released when
Despite the difference from
the user exhales. Additionally, as a
cigarettes, government entities are
water vapor which evaporates quickly,
result of the lack of the offensive odor
taking steps to prohibit use of e-cigs
and currently, has not been proven
and smoke produced by cigarettes,
in public places. Several cities in San
to contain any harmful chemicals
most users are more likely to use an
Diego County, such as Carlsbad and El
other than nicotine added by the end
electronic vaporizer indoors further
Cajon, have banned the use of e-cigs.
user. The odor does not carry and
minimizing the effect on neighboring
Carlsbad prohibits e-cigs from being
the water vapor does not linger. Any
units. Banning e-cigs may be more
used in places where smoking of pipes,
secondhand vapor has a very limited
difficult to justify since they are
cigars and cigarettes are banned by
chance of traveling into another unit
not a fire hazard and their vapors
federal, state and local law. According
before evaporating. If inhaled and
may not create detectible odors in
to documentation provided to the
Electronic vaporizers produce a
Carlsbad City Council in support of the ban, the reasons for banning the devices include concern that the use of
Associated Professional Services The Management Alternative
Providing cost-effective, efficient Accounting Services for: • Self-Managed Homeowners associations • Associations Employing an On-Site Manager • Portfolio Managers
Call Neal Chazin
(619) 299-6899
e-cigs in locations where other types of cigarettes, pipes and cigars are prohibited could cause confusion and uncertainty and make it more difficult to enforce bans on smoking. Other reasons are health concerns, the desire to promote a smoke-free environment and concerns that e-cigs may serve as an introduction to smoking to younger consumers due to the added colors and candy-like flavoring. As with any new product, additional
Sonnenberg & Company, CPAs A Professional Corporation
5190 Governor Drive #201 San Diego, CA 92122 Phone: (858) 457-5252 Fax: (858) 457-2211
Specializing in Community Associations for 40 years
testing is needed and further research will define the future of the e-cig industry. However, for now, associations will need to research the issue and determine whether e-cigs are a safer, inoffensive alternative that will cause less resident complaints than cigarettes.
We have performed over 8,000 audits/reviews and 6,000 reserve studies, working with almost 100 management companies throughout California. •
Audits, Reviews & Compilations - Per the AICPA Audit & Accounting Guide for CIRAs. Each audit is supplemented by a Financial Advisory Letter for the Board and Management.
•
Tax - Forms 1120/1120H, 100, 199 - Our goal is to prepare the return that provides the lowest tax with minimal risk.
•
Reserve Cost Studies and Updates - Including three possible funding plans, a 30-year projection and budgetary recommendations, with a simplified summary page suitable for mailing to homeowners.
www.sonnenbergcpas.com 36
SUMMER 2014
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COMMON ASSESSMENT MAGAZINE
Kyle Kruger is a community manager at Lindsay Management.
CAI Gives Back! Help CAI as we team up with Feeding America to bring meals to needy San Diego families!
On Saturday, July 12,
Organized by CAI-San Diego’s Marketing/Public Relations
2014 from 9:00 am
committee, CAI members, family and friends will gather
- 12:00 pm members
at Feeding America’s warehouse to sort, clean, bag and
of CAI San Diego will
box food before it is distributed to disadvantaged families
be teaming up with
throughout our community. Pastries and coffee will be
Feeding America to
provided to volunteers in the morning and lunch will be
bring meals to needy San Diego families. 460,000 San Diegans don’t know where their next
served at noon. Don’t miss this great opportunity to make a difference
meal is coming from. Feeding America leads in the fight
in our community while getting to know your fellow CAI
against hunger by distributing 1.5 million pounds of fresh,
members! Sign up today by contacting the Chapter office
nutritious food to disadvantaged children, families, seniors
at 619.299.1376 or download the flyer at www.cai-sd.org. The
and homeless in our community. Feeding America San Diego
first 50 to respond will receive a free t-shirt at the event! We
relies on volunteers to help serve 437,500 different people
hope to see you there!
annually and 73,200 in any given week.
Thank You to Our March 2014 CID Law Seminar Sponsors Berg Insurance Agency
Popular Association Banking
Epsten Grinnell & Howell, APC
Your roof means more to us than today’s bid, tomorrow’s contract and next month’s work; it’s our committment to years of protection for your building, day-in and day-out. For superior protection against the forces of nature call Premier Roofing CA today.
619.667.4565 Servpro Industries CALIFORNIA CA StAte COntRACtORS LiC. #715677
COMMON ASSESSMENT MAGAZINE
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37
Service Directory Display advertisers receive a complimentary listing in the Service Directory.
ACCOUNTANTS Sonnenberg & Company Leonard Sonnenberg................ 858-457-5252 fax 858-457-2211 lens@sonnenbergcpas.com www.sonnenbergcpas.com Please see our ad on page 36 Michael J. Ferrara Michael Ferrara......................... 619-698-4291 fax 619-698-3937 mjfcpa@juno.com Please see our ad on page 39
ATTORNEYS CONTINUED
FINANCIAL SERVICES
Law Offices of Richard Salpietra Rick Salpietra, Esq. .................. 858-756-2233 fax 858-759-9938 rsalpietra@salpietra.com www.salpietra.com Please see our ad on page 25
Mutual of Omaha Bank / CondoCerts Brendan Concannon................. 619-961-6346 fax 888-493-1973
BACKFLOW Pacific Backflow Company, Inc. Bill Coulter ................................ 800-603-4467 fax 760-639-4005 bill@pacificbackflow.com www.pacificbackflow.com Please see our ad on page 27
COMMUNITY ASSOCIATION MANAGEMENT Associated Professional Services Neal Chazin......................619-299-6899 x101 fax 619-299-8242 nchazin@apsmanagement.com www.apsmanagement.com Please see our ad on page 36
ASPHALT REPAIR/PAVING
Curtis Management Company, Inc. AMS Paving Patrick S. Campbell, CCAM....... 877-587-9844 Liz WIlliams................................ 800-357-0711 fax 858-587-9972 fax 888-357-0715 pcampbell@curtismanagement.com liz@amspaving.com www.curtismanagement.com www.amspaving.com Please see our ad on page 15 Please see our ad on page 26 Walters Management Joe Farinelli, PCAM.................. 858-495-0900 ATTORNEYS fax 858-495-0909 jfarinelli@waltersmanagement.com Community Legal Advisors Inc. www.waltersmanagement.com Madeline Orey ......................... 760-529-5211 Please see our ad on page 13 fax 760-453-2194 madeline@AttorneyforHOA.com www.AttorneyforHOA.com ELECTION & VOTING SERVICES Please see our ad on page 33 IntelliVote Epsten Grinnell & Howell, APC Rick Salpietra, Esq..................... 858-759-8855 Jon H. Epsten, Esq. ................. 858-527-0111 fax 858-759-9938 fax 858-527-1531 rick@IntelliVote.net jepsten@epsten.com www.IntelliVote.net www.epsten.com Please see our ad on page 23 Please see our ad on page 19 Greco Traficante Schulz & Brick, APC Peter Schulz, Esq. ..................... 619-234-3660 fax 619-234-0626 pjs@gtlaw.cc www.gtlaw.cc Please see our ad on page 5
FENCING/GATES GB’s Fence Co. George Castro........................... 619-585-1184 fax 619-575-1606 gbfence@att.net Please see our ad on page 9
Kriger Law Firm Janet Wilcox. ............................ 619-589-8800 fax 619-589-2680 jwilcox@KrigerLawFirm.com www.KrigerLawFirm.com Please see our ad on page 15
38
SUMMER 2014
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COMMON ASSESSMENT MAGAZINE
brendan.concannon@mutualofomahabank.com
www.mutualofomahabank.com Please see our ad on page 9
Pacific Western Bank Susan Abubo............................. 760-432-1335 fax 760-432-1339 sabubo@pwbonline.com www.pwbonline.com Please see our ad on page 33 Popular Association Banking Larry Hooper.............................. 714-864-5171 fax 714-864-5190 lhooper@bpop.com www.bpop.com Please see our ad on page 13 Union Bank HOA Services Tracy Stephens.......................... 866-210-2333 fax 866-401-2911 tracy.stephens@unionbank.com HOAbankers.com/Smartstreet.com Please see our ad on page 23
INSURANCE Berg Insurance Agency Kimberly Lilley, CMCA, CIRMS 800-989-7990 ext. 230 fax 949-540-0218 kimberly@BergInsurance.com www.BergInsurance.com Please see our ad on page 32
LANDSCAPE MAINTENANCE and/or CONSTRUCTION Pacific Green Landscape, Inc. Stephanie Lundstrom............... 619-390-9962 fax 619-390-0865 stephanie@pacificgreenlandscape.com www.pacificgreenlandscape.com Please see our ad on page 35 Steven Smith Landscape Gigi Golden-Smith.................... 760-745-9916 fax 760-745-1982 ggolden@stevensmithlandscape.com www.stevensmithlandscape.com Please see our ad on page 32
FerraraAd11.5.12_Ferrara Ad 7/8 11/7/12 8:21 AM Page 1
PAINTING CONTRACTORS Pacific Western Commercial & Residential Painting Tony Hady.................................. 760-468-3933 fax 760-645-7200 info@pacwestpainting.com www.pacwestpainting.com Please see our ad on page 33
PEST CONTROL Mt. Helix Pest & Termite Control Robert Bacon............................. 619-584-6794 fax 619-584-3864 mthelixpc@yahoo.com www.mthelixpestcontrol.com Please see our ad on page 39
MICHAEL J. FERRARA Certified Public Accountant
✓ Reviews & Audits ■ ✓ Taxes ■ Palomar Professional Building ✓ ■ Reserve Study Updates 615 Aldwych Road • El Cajon, CA 92020 ✓ ■ Budgets 619/ 444-6065 2340 Tampa Avenue • Suite C El Cajon, CA 92020
619 698-4291
American Institute of CPAs
email: mjfcpa@juno.com
CAL Society of CPAs
Payne Pest Management Jason Payne............................... 858-277-2228 fax 858-277-2212 jpayne@paynepestmgmt.com www.paynepestmgmt.com Please see our ad on page 5
ROOFING
Looking to Improve Your Current Pest Control Program?
Premier Roofing CA, Inc. Sid Scott..................................... 619-667-4565 fax 619-667-1281 sids@premierroofingca.com www.premierroofingca.com Please see our ad on page 37
SECURITY SERVICES
Competitive pricing with no gimmicks.
Bald Eagle Security Dmitriy Todorov......................... 619-230-0022 fax 619-230-6610 dmitriyt@baldeaglesecurity.com www.baldeaglesecurity.com Please see our ad on page 27
Just quality, affordable pest and termite control.
TOWING Western Towing Kathy Tighe................................ 619-297-8697 fax 619-296-2822 denisetb@westerntowing.com www.westerntowing.com Please see our ad on page 35
WATER SUBMETERING California Sub-Meters Robert Anaya............................. 858-571-8999 fax 858-571-4470 robert@calsubmeter.com www.calsubmeter.com Please see our ad on page 18
REGISTER and SAVE!
(619) 584-6794 www.mthelixpestcontrol.com
Only CAI members get discounted pricing for events and educational opportunities. Don’t miss out! If you haven’t created a new user name and password for CAI-San Diego’s website, now is the time. Log on to www.cai-sd.org and click on “Log In” in the upper right corner to get your member discount! COMMON ASSESSMENT MAGAZINE
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SUMMER 2014
39
2014 CAI SAN DIEGO
GOLD
AV Builder Corp Pacific Western Bank Pacific Western Painting
AMS Paving American Technologies, Inc. Animal Pest Management Arborwell
BRONZE
Scan this code with your smartphone to visit the chapter website.
1081 Camino del Rio South Suite 109 San Diego, CA 92108
PLATINUM
Marketing Plan Members
Berg Insurance Agency Black Diamond Paving
Popular Association Bank Premier Roofing CA, Inc. Rayco Painting
Mt. Helix Pest & Termite Control, Inc. The Naumann Law Firm Pacific Backflow Co., Inc. Pacific Green Landscape, Inc. PrimeCo Painting & Construction
ProTec Building Services EmpireWorks Reconstruction and Painting RSI Roofing Four Seasons Tree Care
Reconstruction Experts
IntelliVote
Seacoast Commerce Bank
Kriger Law Firm
The Termite Guy
LaBahn’s Landscaping
Union Bank HOA Services
Landcare Logic
Western Towing