Common summer 2012
The professional provider of education, advocacy and resources for Community Associations
P r e s e r vat i o n
of
Y o u r C o m m u n i t y A s s o c i at i o n
RECYCLING: MAKing CENTS & saving green page 16 Should they stay or SHOULD THEY GO? page 22 Civility STARTS AT THE TOP page 34 C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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Sam Dolnick Honored for Years of Service with CAI-CLAC Lifetime Achievement Award
Sam Dolnick and Chapter Executive Director Barbara Ozenbaugh.
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S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
Page 10
Page 16
Features
Departments
6
Preserving Property Values through Preventative Maintenance
2
Sam Dolnick Honored
by Jean-Marie Salvia, CCAM, PCAM
4
President’s Message
by Louise Stettler
14 25
Platinum Business Partner Spotlight Peters & Freedman, LLP
26
Newsstand: Mortgage Matters CAI Secures Important Transfer Fee Victory
37
CLAC Donations Honor Roll
38
Service Directory
10
You Have the Power! Preserving Property Values Through Violation Enforcement
By Deborah M. Kornheiser, Esq. & Craig L. Combs, Esq.
16
Recycling – Making Cents and Saving Green
By Jeff Morin, LEED AP, CCAM
22
Should They Stay or Should They Go?
by Kerry Beatty, CCAM, PCAM & W. Hudson Harris, Esq.
28
Insurance Assurances
by Brian Kalmenson
30
The Cure for Condominium Financing Woes
By Donna Graf
34
Civility Starts at the Top
by Elizabeth Hensley
New and Renewing Members
Chapter News 8
Chapter Achievement Award
8 15
March 14 & 21 Morning Program Sponsors
20
Bowling Tournament
33
Managers Celebrating Managers
Page 30
February 1 Trade Show
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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Common
President’s Message EXECUTIVE COMMITTEE Louise stettler................................................. President Epsten Grinnell & Howell, APC
Strengthening Old Relationships & Building New Ones
T
he Chapter had a busy and productive first quarter! Having Andrew Fortin and Skip Daum come in for our February trade show was a great way to begin. In
March we had our popular Bowling Tournament and first ever Designation Committee manager only event. From the responses we expect many managers to register for PMDP classes and achieve their designations. CAI provides many opportunities for educational advancement through professional designations including: CCAL, RS and CIRMS, and the newest educational offering for Business Partners – Educated Business
If we don’t change, we don’t grow. If we don’t grow, we aren’t really living. Gail Sheehy
Partner. Please contact the Chapter office for further information. We launched the new Chapter e-newsletter and updates will be coming
regularly to your inbox for upcoming events and sponsorship opportunities. The Chapter offers many opportunities for anyone who is looking to volunteer. We have many committees to assist our Chapter in achieving our vision statement. They include Education Services, Membership, Public Relations, Magazine Editorial Committee and the Legislative Support Committee. We also host a variety of social events throughout the year organized by our other committees including: Bowling, Monte Carlo Night,
businesses and managers in the community association industry. Look for our second annual Family Night at the
For further information about our Chapter and the services it provides, please contact Barbara Ozenbaugh at 619-299-1376 or email barbara@cai-sd.org. 4
Jason Payne...............................................VICE PRESIDENT Payne Pest Management tina rozycki, CMCA......................................... treasurer Curtis Management Elaine Gower.................................................... secretary Homeowner CYNDI KOESTER, PCAM...................................... ex-oFficio Mutual of Omaha Bank/CondoCerts DIRECTORS Kerry Beatty, PCAM........................................................Manager Elizabeth French, Esq. ..............Green, Bryant & French, LLP Co-LEE GREV, PCAM.....................................................Manager Chris Hodge, PCAM............... Elite Community Management Bruce Rosenblatt ................................................... Manager Rick Salpietra, Esq................. Law Offices of Richard Salpietra Shannon smith......................................Reconstruction Experts Jason Stewart............................................ Pinnacle Landscape Karina Tatum . ........................SD Preferred Property Managers CHAPTER Executive DIrector barbara ozenbaugh, CMP 619-299-1376 Managing editor and New & Renewing Advertising sales barbara ozenbaugh, CMP 619-299-1376, barbara@cai-sd.org design & production Kristine GAITAN Rey advertising & design / The Creative Dept. 760-746-8700 Magazine EDITORIAL committee Laurie Poole, ESQ. (CHAIR)............. Peters & Freedman, LLP Lauri Croce, ESQ. ............................ Anderson & Kriger, APC Sam Dolnick.......................................................... Homeowner JEFF French, ESQ....................... Green, Bryant & French, LLP BRIAN KALMENSON, CCAM....Michael Abdou Insurance Agency JODI KONORTI, ESQ. ................ Epsten, Grinnell & Howell, APC CYNDI KOESTER, PCAM..... Mutual of Omaha Bank/CondoCerts kimberly LILLEY, CIRMS........................Berg Insurance Agency Jeff mORIN...........................Global Disposal Reduction Services Jean-Marie Salvia.................................... Walters Management LOUISE Stettler......................... Epsten Grinnell & Howell, APC 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.
Billiards and Golf to promote networking between
Padres on June 23.
Marie Donovan..................................... president elect Homeowner
Louise Stettler has been doing business development for Epsten Grinnell & Howell, APC for more than 12 years and is the 2012 Chapter President.
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
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.” © 2012 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
UBM188_Apr7_SanDiego_4.75x10_4C
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C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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By Jean-Marie Salvia, CCAM®, PCAM®
“ if an association does not
take time to plan for the future, it may become a thing of the past. ”
Preserving Property Values through Preventative Maintenance
the daily operations, if an association does not take time to plan for the future, it may become a thing of the past. Considering property value preservation is one of the greatest benefits of living in a common interest development, it is not something we should ignore. Preventative maintenance and pro-active management are the keys to ensuring the community continues to thrive. There are a number of tools available
P
remier Homeowner Association*
looking and major maintenance projects
was constructed in 1974. Over the
began to creep up. Frankly, Premier
years, the board of directors worked
Homeowner Association was no longer
very hard to keep assessments low and respond to community needs. The board
looking very premier. Property values appeared to be
contracted with landscapers, maintenance
decreasing and the members were forced
companies, street sweepers and electricians
to consider a significant special assessment
to ensure things ran properly. When there
just to get the buildings painted, plumbing
was a plumbing leak, the board responded
upgraded and dry rot repaired. Does this
promptly to minimize damage. However,
sound familiar?
over the years, the community grew tired-
While we may be great at managing
to homeowner associations that, if utilized properly, require very little additional work.
Reserve Studies Reserve studies offer a plethora of useful information for associations. A Reserve Specialist® will review the association’s assets and provide a schedule for longterm maintenance projects based upon industry standards. Often, the schedule will estimate repair and replacement work over a course of a 30 year period so that the association can plan ahead and budget accordingly. Recommendations may include sealing streets, painting buildings, replacing equipment and refurbishing clubhouses. When a board of directors reviews its reserve study, it is important to look at the items proposed in the near future and create a plan of attack. For example, if street sealing is suggested, make a note to ask a contractor to inspect the streets for repair and sealing recommendations. If the contractor responds that the streets can wait another year, alert the reserve specialist and add it to the next year’s calendar. When a board of directors utilizes the
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S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
reserve, major repair and replacement items
changes may even save the association
can be planned for well in advance, thus
money in the long run. For example, there
eliminating the element of surprise.
are a variety of plants that can be split and relocated. The association’s landscaper can
Maintenance Manuals and Manufacturer Recommendations Simply, some of us have maintenance
identify such plants and help ensure areas of the community do not become barren
REALITY CHECK
without a large out-of-pocket expense. Or, consider replacing outdated fixtures,
A large master-planned
manuals and some of us don’t. The benefit
such as lights, with newer, more efficient
of a maintenance manual is that it will often
options. While the association will need to
community in North San Diego
detail the short- and long-term maintenance
purchase and install the new items, these
requirements of each component. The
items typically pay for themselves in energy
County was recently presented
manuals may even come with calendars
savings. Our service providers understand
with the daunting task of
to remind boards when items should
their business and can help us make the
painting nearly fifteen miles of
be inspected or maintained. For those
right choices for our long-term investments.
associations that do not have professional maintenance manuals, manufacturers can often provide recommended maintenance schedules for their equipment. If the board
Creative Thinking and Listening to Others Pay attention to the reports and
fencing. Rather than electing to go with the cheapest option, the board of directors selected a slightly more expensive paint
takes a little time up front organizing
suggestions of others. When a homeowner
maintenance recommendations and
calls to report a problem, we often focus
product with an improved
creating a schedule, it won’t miss a beat (or
on addressing that specific concern. These
warranty. If all goes well, this
a chimney clean-out)!
reports can be clues to an overall need for the association and an opportunity to
Educational Seminars and Industry Events If you haven’t taken the time to browse
option may lengthen the time
enhance the community. For example, if
between maintenance from five
a sign is in disrepair, we often replace it
years to eight years as well as
with the same exact sign. However, it may
reduce the potential number of
trade show booths at a CAI event, you are
not cost much more to redesign the sign
missing out. Companies that specialize in
and replace it with one that is a little more
and understand association maintenance
modern and potentially beautifies the area.
often display their newest and best
Or, if there is a reoccurring problem with
products at industry events. While you may
people walking through the landscaping,
hired to help ensure the
not be in the market for something, it sure
consider adding attractive boulders or a trail
fence repainting project runs
is handy to know you have someone to
to direct foot traffic and enhance the area.
call when the unexpected comes up. Not sure how to handle that major flood or technology failure? Wouldn’t it be nice to know someone who does…
Our service providers are some of the
It can be a daunting task to manage reserve studies, maintenance manuals,
smoothly and in accordance
The end result is a net gain: the association is hoping to
The key is to find a way to manage your
keep the community looking
resources in one location. An annual
fresh while reducing long-
calendar is simple yet effective tool
most innovative and thoughtful people we
for ensuring you don’t miss anything.
know. Schedule regular meetings with your
Include everything on the calendar:
service providers to walk the property and
regular inspections, board meetings,
talk about ways to keep things fresh. There
reserve recommendations, preventative
are usually some inexpensive ways to ensure
maintenance schedules, policy discussions,
the community does not get stale. Some
A project manager was
with the board’s expectations.
Annual Calendars
expert opinions and homeowner requests.
Community Partners and Service Providers
ongoing repairs.
term cost of fence repair and replacement.
Continued on page 8
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
7 7
preserving property values Continued from page 7
forward planning, and so on. Every December Louise Stettler and Barbara Ozenbaugh accept a Chapter Achievement Award at the CAI Annual Conference. The chapter was recognized for Public Affairs for the BakerDolnick Foundation/ Homeowners Roundtable.
review the calendar for the next year and designate the items that may need to be looked at. Then, each month review and update the calendar to ensure things don’t get missed. Contrary to popular belief, an association does not need to go into debt or special assess members in order to keep a community looking fresh and ensure the assets are maintaining their value. Furthermore, spending time and a little money in a proactive manner will actually save the association and its members more in the long run. By utilizing some of the tools available to us and adopting good preventative maintenance habits, we can help ensure a community is considered one of the premier and desirable communities in the area. * Premier is a fictitious name created for this article.
Jean-Marie Salvia, CCAM®, PCAM® is a Regional Manager for Walters Management.
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S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
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If conduct you are involved in the management of a of association business challenging. community association, you know that the State and Federal laws that govern associations At Epsten Grinnell & Howell, knowing the complicate decision-making and make the details of community association law is our conduct of association businessconstantly challenging. only business. Our attorneys We can help. At Epsten Grinnell & Howell, review the fine print of the law and client solving the complexities of community governing documents. This attention to association law is our only business.
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C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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By deborah M. kornheiser, esq. & craig L. combs, ESQ.
demand that all necessary steps be taken to
You Have the Power!
preserve property values. In the middle with you is the board of directors, and the association budget with nary a penny to spend on non-essential
preserving property values through violation enforcement
items. Raising assessments of responsible owners to pay for the maintenance of irresponsible owners’ homes is rarely palatable, and higher assessments are as much a part of the property valuation calculus as are brown grass and dilapidated vehicles. The goal, of course, is to compel the owner of the noncompliant home to bring their home up to community standards at no cost to the other owners. The violation may be rectified immediately with a simple violation notice or only after protracted litigation and a court order. At whatever stage the problem is solved – and solved it must be – it is critical that you preserve your community’s rights along the path to resolution.
Rule Clarity Ambiguous rules are difficult to enforce. Without sufficient notice of what standards are expected and what remedies the community has to enforce those standards, your sharpest compliance tool is blunted.
I
n turbulent economic times, you may
who just don’t care what their home looks
If your community’s rules aren’t on point,
often find yourself pulled by opposing
like and the vacant homes in foreclosure
urge your board to adopt rules which clearly
economic forces. On one side are the
limbo. On the other side are those owners
address the nature of violations to which
cash-strapped owners who can no longer
who (rightfully) expect that the association
your community may be especially prone.
afford to maintain their homes, the owners
is there to protect their investments and
If the board intends to levy fines against
“ At whatever stage the problem is solved – and
solved it must be – it is critical that you preserve your community's rights along the path to resolution. ”
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S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
violators, it is especially important to have a
Ideally, the hearing should be looked at
a non-compliant owner in an attempt to
fine schedule with particular dollar amounts
as a dispute resolution opportunity rather
be neighborly and not appear as tyrannical
assigned to each class of violations.
than just a stepping-stone to issuing a
and unyielding. While it is beneficial to
fine. The board should have an open mind
be open to resolution at any stage of the
Notice and Opportunity It is critical to bear in mind the principles of notice and opportunity. The owner must have notice that the board is
towards resolution. Even difficult owners
enforcement process, it is critical that
can be convinced to comply if treated fairly
the board stick to the script. An offer of
at a board hearing.
leniency that is outside the normal dispute
Of course, some people you just can’t
resolution process may be construed later
considering action to force compliance and
reach. They either appear at the hearing
by a judge as waiver by the association of
have an opportunity to be heard by the
with untenable excuses, refuse to comply,
its enforcement rights.
board before such action is taken.
or they simply fail to show up. If the board
Before issuing a fine (or a non-lien
chooses to discipline the owner and require
Dispute Resolution – Usually Necessary …
assessment, penalty, or other form of
the owner to take action to remedy the
coercive imbursement), the board must
noncompliance, the board must provide
notify the owner in writing, by either
the owner a written notification of the
litigation dispute resolution, both of
personal delivery or first-class mail, at
disciplinary action, by either personal
which should be exercised to preserve the
least 10 days prior to the hearing. The
delivery or first-class mail, within 15 days
association’s right to attorneys’ fees in the
notification must contain, at a minimum,
following the hearing. Any disciplinary
event litigation is necessary to remedy the
the date, time, and place of the hearing,
action is not effective unless the board
non-compliance. It is important to bear
the nature of the violation, and a statement
fulfills this notice requirement.
in mind that judges really, really don’t like having homeowner association cases
that the member has a right to attend and may address the board at the hearing. The board must meet in executive session if requested by the owner.
California law has two levels of pre-
Good Deeds are Often Punished Many times the board will over-indulge
on their dockets. The judge may even throw out the association’s case if dispute Continued on page 12
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
11
YOU HAVE THE POWER! Continued from page 11
resolution has not been attempted. You want to be able to present a story that the association has done everything in its power to resolve the dispute informally. If the issue is not resolved through the disciplinary hearing, the board should offer “Internal Dispute Resolution” (IDR) to the owner pursuant to California Civil Code Section 1363.810, et seq. This is essentially a request that the owner meet with the board or a board designee to informally resolve the dispute. Participation is voluntary for an owner, but mandatory for the association if an owner requests IDR. Should IDR fail to resolve the problem, the next step will be to make a demand for Alternative Dispute Resolution (ADR) pursuant to Civil Code Section 1369.520. This process is also voluntary for a member to participate. ADR may be accomplished through mediation or arbitration. Mediation is a process of alternative dispute resolution in which a neutral third party, the mediator, attempts to assist the
association and member in negotiating an agreement with respect to the underlying
dispute. Mediation is very often successful
in resolving disputes, and can be done at low cost through local mediators.
Arbitration is a form of alternative dispute resolution where an unbiased person or panel renders an opinion as
to responsibility for or extent of a loss. The arbitrator acts as a private judge in a closed and private court. The arbitrator’s final decision is based on the evidence and testimony of all parties provided at a hearing convened by the arbitrator.
Arbitration can either be “binding” or “non-binding.”
Dispute Resolution – Sometimes Not Necessary … There are occasions when dispute resolution is not necessary. Classic examples are tenants who create noise disturbances, vicious dogs, and other nuisances that pose an ongoing threat
12
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
to the other project occupants’ peaceful enjoyment of their homes. In such a case, the board may take the matter to court and seek preliminary injunctive relief to remedy the situation. Legal fees and costs are supposed to be awarded to the association if they are successful in court, but the board should be aware that judges sometimes apply a discount to the requested attorneys’ fees.
You Have the Power Associations have the power to force an owner’s compliance with the CC&Rs and Rules and Regulations. But with great power comes great responsibility. It is critical throughout the violation enforcement process to write a story of the association acting in the best interests of the community against a defiant owner who is damaging those interests. The association must always show that it did everything in its power to resolve the dispute at the violation notice and disciplinary hearing stages, through IDR and through ADR. When a community manager can help write such a story, a happy ending is much more likely.
Deborah M. Kornheiser is a partner in the law firm of Wasserman Kornheiser, LLP, a law practice focused exclusively on the representation of community associations.
Craig L. Combs is an associate attorney with Wasserman Kornheiser and practices community association litigation.
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C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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Property Management Banking Division
FOCUS
CAI-SAN DIEGO PLATINUM MARKETING PLAN MEMBER
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Active in the common interest
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development industry for nearly
energy to shape the laws governing
20 years, the law firm of Peters
common interest developments.
& Freedman, L.L.P. provides
Attorneys provide input to the law
effective resolutions to homeowner
makers in Sacramento regarding
associations’ legal problems.
proposed legislation and monitor Appellate Court opinions. Through
How was the Firm Formed? David Peters and Simon
Peters & Freedman’s efforts in the past few years, six cases have
Freedman met in the early 1990’s
become published case law in
through a business associate. In
California.
1993, they decided to join forces and launch Peters & Freedman, L.L.P. According to Simon, David’s overriding commitment to his clients
Why Practice This Type of Law? This area of law is challenging
was a key factor in deciding to begin
because it is not well defined from
the partnership.
a statutory or case law standpoint.
The intent was to form a firm
Often, the disputes involve both
that would have a core group of
emotional and legal aspects since
partners and associates committed
the outcome affects the lives of
to providing quality legal advice and
individuals and how they live in their
serving their clients’ needs. Nearly 20
homes. This personal aspect requires
Senior Vice President Property Management Banking Division
years later, through strategic hiring
a more creative approach, rather
of attorneys, paralegals and staff,
than strict interpretation of the law.
the firm has achieved this goal while
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This area of the law is also extremely
maintaining a casual, friendly and
diverse, providing a variety of issues
approachable atmosphere.
on a day-to-day basis.
The Firm’s Approach
Looking to the Future
Ken Carteron
allison disarro Assistant Vice President Property Management Banking Division
619-409-5727 Office 619-988-6708 Mobile 619-476-7770 Fax adisarro@sccombank.com 678 Third Avenue, Suite 101 Chula Vista, CA 91910
14
The firm also devotes time and
The firm’s belief that the “clients’
Peters & Freedman, L.L.P. will
needs comes first” is evident in their
continue to provide cost effective
attorneys’ ability to pursue effective
and responsive advice to their clients
resolutions that truly serve the best
based on two decades of experience
interests of the client. Providing
and understanding of common
responsive answers to questions
interest development law.
posed is a primary objective.
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
Thank you to Peters & Freedman, L.L.P. for their generous support of CAI-San Diego.
Thank You to Our February 1, 2012 Trade Show Exhibitors
Andrew Fortin and Skip Daum, guest speakers at our February 1, Legal Update trade show.
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By JEFF MORIN, LEED, AP, CCAM
“ As board members and managers you can save money
by increasing recycling percentages. The more material into the recycling bin means less material in the trash bin, lowering overall trash bills. ”
RECYCLING: making Cents & $aving green
R
ecycling: it just makes sense, right? We’re all pretty familiar with the concept, but many of us don’t
integrated waste management board). A recycled six-pack of aluminum cans could save enough energy to drive a car
bulb for 4 hours (San Diego county office of Education). Paper – Today, 62,000,000 newspapers
really get into the details. For most of us,
five miles, or, one recycled aluminum can is
will be printed in the U.S., and 44,000,000
recycling involves simply separating glass
equivalent in energy to a half a can full of
will be thrown away, roughly the equivalent
and plastic from the trash and waving
gasoline (bringrecycling.org).
to about 550,000 trees weekly or almost
goodbye when the waste truck drives away with our unwanted materials. However,
Glass – Energy saved from recycling one glass bottle will light a 100 watt light
when you take a moment to dig a little deeper, you can really see how much economic and environmental sense it makes to reuse these valuable commodities.
Saving Energy Through Recycling We all should know recycling is important and we need to try and do our best to buy products with appropriate packaging and dispose of each product correctly. But do we realize how much of an impact we can all make through this simple practice?
A Little Perspective Aluminum – Recycling a soda can saves 96% of the energy used to make a can from ore, produces 95% less air pollution and 97% less water pollution (California 16
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
30,000,000 trees per year (Earthworks Group).
Steel – Americans use 100,000,000 steel cans a day, and enough steel is thrown away every year to build all the new cars made in America (EarthWorks Group).
Saving Money Even if reading the facts on energy savings – like those previously listed – doesn’t get you running home to make a recycling bin, let’s not forget that it saves money too! There is a value in recyclable waste. Since energy, gas, and resources (MONEY) are used to produce new materials, it makes sense that manufactures would prefer to use recycled materials whenever possible to lower production costs. The waste and recycling companies are able to sell these materials after they pick them up from your curb. This allows these companies to remove recyclable materials at a lower cost than waste. In most cases, the removal cost for recycling is substantially lower than the removal cost for waste! Separating and compacting these recyclable materials to be sold saves tipping fees at a dump. As board members and managers, you can save money by increasing recycling percentages. The more material in the recycling bin means less material will end up in the trash bin, lowering overall trash bills. If your association has high waste bills, increasing recycling service to decrease waste service can make a huge difference in your monthly waste bill!
What Can We Do as Managers and Board Members? Some of you may be thinking, “This sounds like a great idea, but I can’t get my residents to park in the right spot, pickup after their pet, or even keep their suits on at the pool. How are we going to get them to recycle more?” Here are a few places to begin: Create Awareness – Continued education and signage can be your best friend for increasing recycling at your Continued on page 18
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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A Recycling Success Story
Cut Your Bill by Increasing Your Service
RECYCLING
recycling, (they are out there) and when
Continued from page 17
you find them, work on empowering them.
association. Periodically include recycling
Consider having a recycling committee
educational material in newsletters,
to educate and encourage neighbors.
websites and other media outlets and let
San Diego County has even stated
residents know that recycling is in their best
they have had increased success when
interests as it is one way they can help to
residents sign a recycling pledge form; it’s
decrease association expenses. Articles
a simple no-cost way to get an additional
can be gathered from a number of sites
commitment from someone beyond a
including the county and city websites
verbal “yes”.
along with sites like Earth911.com. San
Treo at Kettner
In almost all cases when you hear about paying
Get Help – Keeping up with
Diego City and County also provide great
and understanding the waste and
examples of clear-cut signage that can be
recycling process at a property can be
used at your project.
a cumbersome job at times, especially
Make Recycling Easy – If you have
when there are 101 other jobs a property
a community with common area waste
manager is expected to keep up with on
locations, consider how easy it is for
any given day. Below are a few ways to
each resident to recycle. Are recycling
make it easier on yourself.
receptacles as available as trash
Contact your waste hauler with
less and actually getting more the immediate
receptacles? Do your residents have
questions on your current recycling
response is “What’s the catch or what’s missing?”
equal opportunity to recycle or do they
program – Use local resources
need to walk further? If it’s inconvenient,
(for example: www.sandiego.gov/
you are losing recyclables. Also, can
environmental-services/recycling/ro/
residents discard recyclable material as it
residential/index.shtml or www.sdcounty.
is produced? Think about locations where
ca.gov/dpw/recycling/multifamily.html).
This is a story about a residential high-rise that was an exception to the rule. Following a free audit conducted by a local waste consulting company, Treo
Consider having your property
at Kettner found there was room to make minor
residents may want an option to recycle.
changes in the waste service at their property.
At the mailboxes, for example, so junk
audited by a waste consultant –
mail can easily be recycled, or recycling
Waste consultants assist in analyzing
bins next to trash bins at the pool and
the property’s waste and recycling for
Following some simple adjustments, the association received a reduction in their monthly waste bill of
park for water bottles and soda cans. Also,
inefficiencies, errors and overages. The
over $1,000 (nearly 1/3 of their total monthly waste
understand that making recycling easy is
best part is, many companies work off
expense). To obtain this savings, the residents of
more of an obligation than a choice. San
savings agreements so you may be able to
the association gave up nothing. Treo increased
Diego City code requires that recycling
have your property’s waste and recycling
in condominium complexes must be
removal process reviewed for local
“adequate” and “convenient” for residents
compliance, waste cost reduction, and
their recycling service by nearly 50% and made slight reductions to certain areas of their waste
to eventually achieve a 50% diversion
recycling opportunity with no money out of
service that would never be noticed by residents
goal. Recycling containers must be next
pocket.
since the newly recommended service was more
to or in the vicinity of each solid waste
than adequate. Following the increases to recycling
container or disposal area. Newly added
service, residents responded with additional waste diversion! Treo worked on improving the resident’s
Public Resources Code Section 42913 (AB 341) requires owners of multifamily
When You Reach Your Goal, Keep on Going! It’s important to make sure recycling
dwellings consisting of five or more living
remains a priority at your association;
accessibility to disposal options for recyclable
units, to provide recycling services that are
requirements for residential complexes
material and continued to encourage recycling to
appropriate.
will only be more stringent as time goes
their members through publicizing educational recycling material and communicating why recycling
Create a Critical Mass – To get your
on (See AB 341 for the writing on the
residents involved, consider a recycling
wall). Also, keep in mind that “Reduce and
kickoff event and invite local recycling
Reuse” always come before ”Recycle,”
is important and economically beneficial to
experts from the city, county, or waste
so focusing on end results for recycling
residents.
company to attend and help educate.
amounts isn’t the only answer. Consider
Find those residents that do care about
other opportunities to help residents
18
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
reduce waste. For example, being proactive and educating residents on phone book opt
C e l e b r at i n g O u r 3 7 t h Y e a r
out websites or teaching them how to get off junk mail list so needless waste is eliminated before its produced and delivered. It’s everyone’s responsibility to recycle, but if you’re on a board of directors or manage an association, that obligation increases drastically as your decisions and foresight affect each resident. Make sure you are leading your residents effectively and continue to regularly educate, evaluate and encourage recycling at your property.
We know the difference between getting the job done and getting it done right.
Jeff Morin is a Senior Waste Consultant at Global Disposal Reduction Systems, a San Diego based waste and recycling consulting firm working with homeowner associations throughout Southern California.
Full Service Community Management
800-227-6225 S a n D i e g o • C h u l a V i S ta • C a r l S b a D • m u r r i e ta
www.waltersmanagement.com
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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CAI-San Diego’s Family Bowling Night & Tournament Friday, March 2, 2012
2012 Bowling Tournament Awards
20
HIGHEST BOWLING SCORES Men: Angelo Tomiselli, Rodent Pest Technologies
HIGHEST TEAM SCORE First Place: Seacoast Commerce Bank Tom Cheek Zoen Baldwin Rod Bleakley David Cheek
BEST DRESSED First Place: The Paint Dolls from CertaPro Painters Chelsey Chapman Laura Hurtado Tammie Lewko Jessica Ward
Second Place: Varsity Painting Kim Erlenwien De Wayne Frost Johnny Mercado Paul Piggot Roland Thomas
Second Place: The Pin Pals Tierra Verde Resources, Inc. Mimi Cortes Rebecca Soto Lucas Sisneros Josh Steinbock
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
Women: Laurie Poole, Peters & Freedman, LLP
2012 Bowling Tournament Sponsors Strike Anderson & Kriger Pacific Western Bank Seacoast Commerce Bank Summit Security
Spare AV Builder Corp. Epsten Grinnell & Howell, APC Mutual of Omaha Bank/Condo Certs Nautilus General Contractors, Inc. Rodent Pest Technologies S.D. Preferred Property Management Drink Bucks Animal Pest Management Clean Earth Restorations Merit Property Management
Mt. Helix Pest & Termite Control Peters & Freedman, LLC ProTec Building Solutions RSI Roofing ValleyCrest Companies Dessert A-1 All American Roofing Company Elite Community Management
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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By kerry beatty, CCAM, PCAM & W. Hudson Harris, Esq. By kerry beatty, CCAM, PCAM and W. HudSON HARRIS, ESQ.
W
hat to keep, how to keep and where to keep the association's important
documents – those are the questions. Consistent and organized records reflect professional management, duty of care for your clients and protect both you and your client. An association’s corporate records can include documents ranging from meeting minutes to contracts and extend as far as maintenance requests and correspondence. As discussed below, using clear file structure will help you organize your documents into manageable and accessible file structures that ensure the correct documents are kept in the right place for the right amount of time. Associations generally maintain two types of files: permanent files and annual files. The permanent files remain in the file drawer, while the annual files are pulled, organized and archived on an annual basis. This is typically done at
Should they stay or should they go? a guide to document retention for community associations
the close of the calendar year, regardless of the association’s fiscal year. By keeping records in an identical manner, the managing agent will be able to accurately pull appropriate records when needed. Store permanent files in colored multi-tabbed folders in a consistent location in every manager’s office. Every client’s files should have the same
“ Associations generally maintain two types of files:
permanent files and annual files. The permanent files remain in the file drawer, while the annual files are pulled, organized and archived on an annually. ” 22
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
Sample File Structure format and flow. Additional folders and files can be added for the specific needs of the community. While smaller associations can often
Permanent Accounting Files • Articles of Incorporation • Bank Signature Card(s) • Secretary of State • Audit/Tax Returns • Delinquency Policy • Budget Mailing
combine the accounting and general files in a single carton, the typical association will require separate cartons for general and accounting files due to the volume of material. When in doubt, err on the side of thoroughly organizing the records. As you can see on the Sample File Structure (see inset), there are generally four categories of corporate records: 1) Permanent Accounting Files; 2) Annual Accounting Files; 3) Permanent General Files; and 4) Annual General Files.
Annual Accounting Files • January A/R 2012 • January A/P 2012 • January Financial and G/L 2012 • Duplicate for each month Permanent General Files • HOA Document Files – Articles, Bylaws, CC&Rs, Condo Plan, Rules & Regulations, Architectural Guidelines, Election Rules, Minutes • Financial Files – Copy of all accounting permanent files, plus Full Reserve Study and Insurance Policy.
Annual General Files • Access Control • Annual Meeting • Architectural • Bid Proposals • Boiler • Contracts* • Contracts Terminated • Contracts/Bids Accepted • Correspondence • Delinquency • Elevator • Emergency • Escrow • Fire Protection
• Insurance • Landscape • Legal • Mailings • Patrol • Permits • Pest Control • Plumbing • Pool and Spa • Parking • Roofing • Streets
Electronic Storage Consider an electronic storage/filing system of some kind, particularly for the
Type of Record
Retention Period
frequent use and permanent files. Electronically storing documents
Corporate documents (e.g., Articles of Incorporation, CC&Rs, Bylaws, Rules, other governing documents and all amendments)
Permanent
Minutes of Meetings
Permanent
transmit them to a director or post
Records of Board Elections, Special Elections, Special Assessment Votes, and Any Other Votes of the Membership (but ballots only need to be kept for one year)
Permanent
certain files to a document website.
Association and Board Policies
Permanent
matches the system in place for
Resolutions of the Board
Permanent
the hard copy files. Today, many
Annual Financial Reports, Audits, Reviews and Documents
Permanent
associations maintain those regular
Association Membership Lists
As Updated
Legal Documents
Permanent
Architectural Applications/Approvals
Permanent
Insurance Policies and Records of Claims Against Insurance Policies
Permanent
Procurement Records (e.g., Purchase Orders, Invoices, Check Requests, Competitive Bidding and Sole Source Documentation)
allows an association to easily
Be sure your electronic filing system
10 years (but 4 years from a contract standpoint is sufficient)
association records (which members are entitled to inspect) on a members-only website. This practice reduces document request costs and allows for easy membership access to documents they may need.
Reserve Studies
10 years
Employee Personnel Records (after termination)
5 years
Employee Expense Records
5 years
Minutes should be kept in
Bank Statements, Deposit Slip, Cancelled Checks (after filing tax returns for that year)
4 years
chronological order in binders
Accounts Receivable and Accounts Payable Records (after filing tax returns for that year)
4 years
Expired Contracts (after expiration)
4 years
General Correspondence
4 years
Minutes
with the most recent session on top. Executive session and regular session minutes require separate binders. Utilize a separate location Continued on page 24
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
23
SHOULD THEY STAY...
association must be permanently retained.
taken lightly. The consequences for poor
Continued from page 23
The current year’s unaudited monthly
record-keeping range from lost clientele
or storage rack to alleviate improper
financial reporrts should be stored in a
to civil penalties. Ensure every one of
distribution of executive session minutes.
binder in the manager’s office for easy
your clients’ files are clean, organized
Additionally, Corporations Code section
reference and for production to the CPA at
and backed-up. If possible, work to have
8320 allows associations to keep minutes
the end of the fiscal year. Documents such
every document scanned and digitized to
electronically.
as tax returns, financial reports and reserve
provide for easy document production and
studies should be kept permanently and
a reduction in paperwork. On page 23 is
preferably digitally backed-up.
a handy – but by no means exhaustive –
Financial Documents Nearly every financial document for the
The maintenance and storage of
guide to document retention.
association records is not a duty to be Kerry Beatty, CCAM, PCAM, has over 15 years’ experience in all phases of common interest developments.
W. Hudson Harris, Esq., is an Associate Attorney at Epsten Grinnell & Howell, APC, attorneys with offices in San Diego, Palm Desert and Temecula.
Professional. Capable. Friendly. Year after year our list of satisfied, well-managed communities grows. Our team of accredited, certified community managers offers unparalleled credibility and integrity. Call Curtis Management today for the highest caliber, hardest working professionals to manage your community. Toll Free 877.587.9844.
Just what you’ve been looking for in professional community management. www.curtismanagement.com
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(619) 584-6794 www.mthelixpestcontrol.com 24
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
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 Allana Buick & Bers, Inc................................. 1/12 Barrington Dales General Contracting, Inc..... 2/12 CASA Services, Inc. ........................................3/12 Christina Mercer............................................. 2/12 Creston Fording .............................................1/12 Dave Krishan ...................................................2/12 Don Kerl ..........................................................2/12 Erika Von Der Heyde . ....................................1/12 Eva Brooks ......................................................2/12 First Citizens Bank ..........................................1/12 Holmes Landscape Company .......................1/12 Hunt Eggleston ..............................................3/12
Imperial Paving Company, Inc. . ....................3/12 Ivey Engineering, Inc. . ...................................3/12 Jerry Fike .........................................................1/12 Joanna Power .................................................1/12 Jose Veliz Il . ....................................................2/12 Kathleen Morgan . ..........................................3/12 LandGraphics Landscape & Arborcare Management ..................................................2/12 Laurence Rossi ................................................2/12 LPS Field Services ..........................................1/12 Monique Douglas........................................... 1/12 Multifamily Utility Company ..........................3/12
Rita Petrekova .................................................1/12 So Cal Tree Care & Landscape..................... 2/12 Tara Graviss..................................................... 1/12 Terminix Termite and Pest Control............... 1/12 The Naumann Law Firm . ...............................3/12 Transpacific Management Service ................3/12 Trudy Stambook ............................................ 3/12 Unified Protective Services, Inc. . ..................1/12
RENEWING Members 4-Points Management Agency.........................2004 7 Oaks Mgmt Corp #4..................................... 2005 A-1 All American Roofing ................................1997 Advanced Painting Co., Inc............................. 2007 American Geotechnical, Inc. ...........................1992 American Technologies, Inc. Animal Pest Management Services, Inc. ........2004 Aqua Blue Company........................................ 2010 ARK Management ............................................2010 Asael Sandoval, CMCA, AMS .........................2006 Association Reserves San Diego, LLC ............2008 Associations Insurance Agency, Inc. ...............2009 Atlantic and Pacific Management . .................2011 AV Builder Corp . ..............................................2006 Bald Eagle Security Services, Inc. ...................2009 Black Mountain Plumbing, Inc. .......................2009 Bonney Wikkering ............................................2008 Casitas Del Sol HOA ........................................2009 CINC Systems ...................................................2008 Community Archives, Inc. ................................2008 Cori Shipp, CMCA, AMS................................. 2006 Donald Michaels............................................... 2006 Donna Walters ..................................................2007 Dunn-Edwards Corporation ............................1989 Eagle Glen Master Homeowner's Assn.......... 2009 Ed Roth, CCAM, CMCA, AMS, PCAM........... 1998 Edwin Vitrano . ..................................................2011 Elite Services USA............................................ 2010 Elizabeth Torres-Lindsay ..................................2011 Elliot Katzovitz Insurance Agency ...................2007 Feist, Vetter, Knauf & Loy ................................1978 G.R.G. Management Inc.................................. 2009 Global Disposal Reduction Services............... 2008 Haney Accountants, Inc. ..................................2009 Heaviland Enterprises, Inc............................... 2011 Helen Yakely, CCAM ........................................2006 Hidden Ridge at Carlsbad . .............................2001 Interiors: By Design.......................................... 1996 J & M Keystone Restoration & Cleaning........ 2004 Jamie Kim, CCAM, CMCA, AMS.................... 2007 Janet Wagner, CCAM, CMCA......................... 2006 Janice Liese, CMCA, AMS............................... 2005 Jerry Bice, CMCA .............................................2007 John LeBlanc, CMCA .......................................2010
Karen Medley . ..................................................2009 Karla Coulter .....................................................2011 Katy Camp, CCAM........................................... 2008 La Mesa Colony Homeowners Association.....2007 La Mesa Colony Homeowners Association.....2011 Larry Peterson....................................................2001 Law Office of Laura Kwiatkowski......................1993 Leanne Ardilla, CMCA......................................2008 Lindsay Management Services.........................2012 Lisa Isaacson, PCAM, CCAM............................2007 Lori Graham, CCAM, CMCA, AMS, PCAM.....2006 Mary Minnier, CPA . ..........................................2007 Mary-Anne Monck............................................ 2003 McMillin Lomas Verdes II (320).........................2006 Merit Property Management . .........................2007 MeterNet . .........................................................2011 Mike Lutz ...........................................................2006 Morgan Stanley Smith Barney . .......................1996 Morning View Associates, LLC ........................2006 Mutual of Omaha/Condo Certs ......................2004 N.N. Jaeschke, Inc. . .........................................1976 Nadya Klima CMCA, AMS . .............................2011 Nicholas Brennan .............................................2009 Nina Stanley . ....................................................2008 NK Towing and Road Service . ........................2011 O'Connell Landscape Maintenance ...............1999 Oaks North Villas Condominium Association.........................................................1991 Off Duty Officers, Inc....................................... 2011 Pacific Rim Property Management .................2011 Palm Terrace .....................................................1998 Pamela Kindig................................................... 2010 Park Encinitas.................................................... 2010 Patrick Morrisey, CMCA ...................................2009 PCM of California .............................................1989 Peri Sword......................................................... 2011 Pernicano Realty Management Company .....2000 Peter Penzes, PCAM........................................ 2005 Peter Ruggiero, CMCA.................................... 2008 Pro-Tech Painting Co. ......................................1992 R&D Pest Services, Inc..................................... 2009 Rancho Del Mar Association ...........................2009 Randy Hegwood, CMCA .................................2010 Robert Donaldson.............................................1992
Robin Fennell, CMCA ......................................2009 Rodent Pest Technologies . .............................1998 Roy Palacios Insurance Agency, Inc. ...............2005 RSI Roofing .......................................................2002 Sabrina Afkhami, CCAM, PCAM . ...................2006 Sam Dolnick ......................................................1990 Servpro Industries............................................. 2010 Sharon Fortmueller ..........................................2011 Sheila Brustkern, CMCA ..................................2006 Sigvard Anderson . ..........................................1992 Solana Beach & Tennis Club............................1990 Sue Barnett .......................................................2006 Sunset Hills Terrace HOA ................................2003 Sunset Painting . ...............................................2002 Susan Schwartz................................................. 1990 Suzanne Dixon.................................................. 2007 Tapestry Resorts ...............................................2010 Tina Rozycki, CMCA . .......................................2008 Traci Mays .........................................................2010 Union Bank . ......................................................2008 Uptown District Owners Association ..............1990 Villa Monte Vina HOA . ....................................2010 Village Park Recreation Club #3 . ....................2010 Wayne Hanson, CCAM, PCAM .......................2006 Western Gardens Landscaping, Inc. . .............2006 Western Tree Service .......................................1988 WICR . ................................................................2000 William Stewart, PCAM.................................... 2005 January/February/March 2012
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
25
NewsStand
News from CAI National CAI’s recommendations. FHFA will continue to allow deed-based transfer fees charged by community associations. In addition,
funding to the 11 million housing units, or
FHFA has clarified that any such fee which
49 percent, of all community association
benefits the community in which it is levied
housing that have existing deed-based
will continue to be allowed under the new
Housing Finance Agency (FHFA) issued
transfer fees. Over the past two years, CAI
rules.
its long awaited final rule on transfer fees.
members worked diligently to gather data
FHFA had proposed a federal regulation
on transfer fees, submitted comments
private transfer fees created on or after
which would have banned federally backed
to FHFA and brought the issue to the
February 8, 2011, must provide a direct
mortgages for property in a community
attention of key lawmakers. The final rule
benefit to the properties upon which
association with a deed-based transfer fee.
issued on March 15 shows that those
they are levied. Private, deed-based
As originally drafted, the proposed rule
efforts were an enormous success.
transfer fees that directly benefit property
CAI Secures Important Transfer Fee Victory On March 15, 2012, the Federal
would have cut-off nearly all mortgage
FHFA’s final rule adopted nearly all of
Specifically, FHFA requires that all
are considered “excepted transfer fee covenants” and are allowed under the FHFA rule. An “excepted transfer fee
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covenant” is defined as a covenant that requires payment of a private transfer fee to a covered association and limits the use of such fees exclusively to purposes which provide a direct benefit to the property on which the fee is charged. FHFA also provides guidance on what a direct benefit means under the rule. Allowable uses for the transfer fee funds will include use for maintenance and improvements to the property, administration costs, and acquisitions. Transfer fees will also be able to be used for cultural, educational,
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charitable, recreational, environmental, conservational and other activities provided they are conducted in or protect the community or adjacent property or they are conducted on property that is used primarily by residents of the community.
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The FHFA victory on transfer fees is just part of the story. In 2011 there was model legislation introduced in state legislatures across the country which
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26
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
would have banned any and all transfer
The Only Choice for Your Protection Great Customer Service Accurate Invoicing $2,000,000 Liability Insurance
fees. This would have included all deedbased transfer fees as well as any fees charged by management companies or other business partners in conjunction with the sale of property in a community association. CAI worked with the National Association of Realtors and the American Land Title Association, sponsors of the
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model bill, to amend the language to allow for transfer fees charged by associations and their agents to be exempt from the proposed statutory ban. As a result of this outreach and the hard work of our state legislative action committees, nearly all of the 32 states that enacted transfer fee bans
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have statutory exemptions for community associations and their agents. It is unprecedented for an organization like CAI to achieve such a clear victory in such a compressed time period across the spectrum of state and federal law, but thanks to the work of CAI and our members, we have achieved a victory that will help ensure the financial health of all community associations. As part of our ongoing Mortgage Matters program, CAI is working to protect homeowners in community associations and to ensure access to fair and affordable mortgage products for all current and potential community association residents. You can follow our work and share your thoughts at www.caimortgagematters. org and on Twitter at @CAIGPA. CAI will continue to monitor and participate in shaping changing federal housing policies to ensure the perspective of community associations is heard.
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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By BRIAN A. KALMENSON
“ Insurance can certainly go a long way
towards the preservation of property values within a community association.”
financial liability. The various policies that comprise the overall insurance package
Insurance Assurances
will serve to protect the community’s property as well as potential liability from actions of its directors, officers, employees and volunteers. Additionally, having the right insurance coverage in place can allow a community to be eligible for federal
n the current economic climate,
I
lending institutions such as Fannie Mae,
preservation of property value is
Freddie Mac and FHA. This can increase
something on the minds of virtually
property values by broadening the ability
all homeowners. From the perspective
of potential buyers to obtain financing
of community associations, there are
within the community.
many aspects of the community that can be addressed to maintain or further appreciate the value of the properties
many of the minimum coverage limits
within the community. Some
will be specified for the community’s
of these are the tangible
insurance policies. One limit that is never
items, such as aesthetic
numerically defined is the replacement
landscaping, upkeep
cost of a community’s building property,
of the common areas, well-funded reserves, and maintenance of the buildings. It is intuitive to
as most times it will be required that the community insure for ‘100% of the current replacement cost’ of the association’s property. A common question asked by
keep an eye on
concerned communities that have
the things that can
insurance coverage for its buildings is:
be physically seen, while inadvertently overlooking those that cannot be seen. One such intangible item with far-reaching
how do I know my community is insured to value? In the insurance industry, the standard program used for calculating building
impact for community associations is
replacement cost value is the Marshall
insurance.
& Swift/Boeckh (M&S/B) software. This
Having proper insurance limits is very
28
Between California Civil Code and an association’s governing documents,
software takes into account all site-specific
important for any community, as improper
information in order to predict the actual
limits can expose a community to great
replacement cost of a community’s
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
structure(s). The information that it takes
construction, seeing the report every year
or agent’s day, as it provides the perfect
into account for valuation includes, but is
will provide assurances to the board that
opportunity to flex their professional
not limited to:
the insurance limits are sufficient for 100%
muscles.
• Occupancy Type
replacement.
• Year Built
Insurance can certainly go a long
In addition to obtaining the M&S/B
way towards the preservation of property
• Building Mechanicals
report from the broker or agent, boards
values within a community association. Not
• Construction Type
should obtain the sources of information
only will a properly written policy assist in
• Geographical Location
that the broker or agent used to input into
satisfying eligibility requirements for federal
• Roofing Materials
the program. As there are a great number
lending to broaden the pool of potential
• Square Footage
of variables, the full replacement cost given
purchasers, but it can provide assurances
• Costs of Labor
by the report will only be as accurate as the
that property will exist to have value! After
• Site Preparation
information put into the program by the
all, a building that is rebuilt is far more
• Construction Quality
agent or broker.
valuable than one that is not rebuilt due to
• Costs of Materials
This may appear to be a burdensome
• Building Additions
insufficient limits of insurance.
task, but as a manager or board of directors, it is as simple as saying:
What Should an Association Do with this Information? Every year, association boards should
“Dear Agent/Broker: Please provide the replacement cost report that you have completed for our property, as well as the
ask their insurance brokers or agents for
sources for the information you have used
a fully completed M&S/B report for their
to ensure a proper valuation.”
community. As the program is continually
or board may very well make a broker
updated to reflect site specific costs of
PETERS ATTORNEYS AT LAW
encinitas office
760 436 3441
Receiving this request from a manager
Brian A. Kalmenson is a Commercial Insurance Specialist for the Michael Abdou Insurance Agency, Inc., which insures over 200 community associations in San Diego County.
&
FREEDMAN, L.L.P.
desert office
760 773 4463
www.hoalaw.com • mail@hoalaw.com
A FULL SERVICE LAW FIRM Experience you can rely on People you can trust C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
29
W
hether your condominium is designed for entry level buyers, move up buyers or
downsizing retirees, financing will have a significant impact on the market value of individual units and on the pool of potential buyers that are able to qualify for those units. For many condominiums across the country the only financing available is conventional with significant down payments, often as much as 40% being required. In other words, a buyer for a $100,000 condominium would have to have cash of $40,000 just for the down payment. Additionally, funds would be needed for closing costs and prepaid items. In most cases these financial requirements are prohibitive and limit the pool of buyers who can purchase. If, on the other hand, you were to obtain Federal Housing Administration (FHA) approval for the condominium, the required down payment would be
The Cure for Condominium Financing WOES
example, if the condominium was FHA approved, the $40,000 down payment would be reduced to $3,500. What is the marketing impact of this change? According to a leading consulting firm who obtains FHA approvals for condominiums across the country, the potential and qualifying buyer pool is dramatically expanded for units with
By donna graf
FHA approval. When the buyer pool
“ The potential and qualifying buyer pool is dramatically expanded for units with FHA Approval. ”
30
significantly decreased. In the above
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
is expanded in this manner the market
FHA has various guidelines for insuring
those seeking to purchase condominiums.
price of the individual units may increase
condominiums.
While traditionally, FHA-insured mortgages
also. It just makes common sense – if
Obtaining FHA approval also provides
played a small role in the housing markets
there are more buyers competing for
potential resale value to your community.
(approximately 5 percent in 2007), that
the same product and that product is
With the recent market changes it has
number has increased significantly and in
limited in numbers, the price paid for that
become very difficult for potential buyers to
2011 was estimated to be between 30 and
commodity, in this case your condominium,
obtain loan approval. With FHA approval,
40 percent of all condominium mortgages.
may increase as well.
buyers have an additional resource that
What is FHA Mortgage Insurance? FHA mortgage insurance is a policy that
As lenders continue to reexamine and
can be used to purchase a home in your
tighten lending criteria, qualifying for FHA
community.
mortgage insurance provides potential
FHA insurance is important to
buyers with an additional financing
preserving your property values, as it
option and, thus, makes units in your
protects lenders against some or most of
provides a mechanism to recover losses
condominium association marketable to a
the losses on a mortgage if the borrower
associated with default and ensures
larger pool of potential buyers. Additionally,
defaults on the mortgage. FHA insurance
a continuing flow of money into the
many lending institutions may underwrite
is typically required on mortgages where
mortgage markets.
non-FHA loans to FHA standards.
Why Should My Association Care about the FHA Requirements?
How Does the FHA Approval Process Work?
there is less than a 20% down payment. The insurance is funded by a fee on the overall mortgage amount and a small annual levy on the loan amount. The FHA has insured mortgages on
This is an issue of interest for
With the new guidance issued in 2009, FHA ended the practice of allowing spot
single-family dwellings since 1934. FHA
condominium associations as FHA-insured
loan approvals in existing condominium
insurance protects lenders against losses
mortgages are playing an increasingly
projects and now require that condominium
by reimbursing them if borrowers default.
important role as a financing mechanism for
Continued on page 32
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
31
The cure Continued from page 31
projects apply and receive FHA approval prior to any buyer obtaining a FHA loan in that community. Of the many types of mortgage insurance offered by FHA.com, FHA Condominium Loans are designed to encourage lenders to extend affordable mortgage credit to those who have non-conventional forms of ownership. The Section 234(c) program insures a loan for 30 years to purchase a unit in a condominium building. The building must contain at least four dwelling units and can be comprised of detached and semidetached units, row houses, walkups, or an elevator structure. Through this and other types of mortgage
Proud recipient of the SDCAA 2009, 2010 & 2011 Mark of Excellence Awards
insurance programs, FHA.com helps low and moderate-income families purchase homes with FHA loans by keeping the initial costs down. By serving as an umbrella under which lenders have the confidence to extend loans to those who
License No. PPO 15264
may not meet conventional loan requirements, FHA loan insurance allows individuals to qualify who may have been previously denied for a home loan by conventional underwriting
WARD & HAGEn LLP
guidelines. Increasingly, condominium associations are working directly with FHA to obtain approval for their associations or they may utilize an attorney, management company or project approval consultant in this process.
Why Don’t All Condominiums Obtain FHA Approval? The answer is simple. Many cannot qualify, and many others don’t know that this alternative exists. There are certain requirements that must be met in obtaining FHA approval. There can only be a certain percentage of owners who
Serving HOA Clients Throughout San Diego County HOA General Counsel Insurance Issues
Construction Disputes Litigation
Mediation/Arbitration Collections
Contact: Kirk Yake 440 Stevens Avenue, Suite 350 Solana Beach, California 92075
858.847.0505 32
www.wardhagen.com
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
are delinquent on their monthly fees. Investor ownership is limited to a finite number. There are restrictions on rental rules and requirements regarding reserve funding. Visit CAIOnline.org for a complete listing of what is required for your community to become FHA approved.
Donna Graf is President of Graf & Associates, Inc. with offices located in Florida, providing FHA approval process services across the country.
learn celebrate mentor promote excel connect
YOU
CAI-SAn DIEGO's family night at the
MANAGERScelebratingMANAGERS
CAI-San Diego's first ever Managers Only program was a success! Managers learned how to advance their careers through education and obtaining CAI designations. The next scheduled program will be held August 5. Check the chapter website for more details, www.cai-sd.org.
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YOU
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800.439.9962 • 619.390.9962 C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
33
By elizabeth hensley
“ in an effort to find some element of
calm during board meetings and improve the general communication and overall respect among directors, many boards have started adopting a ‘board member code of conduct’ to help guide the group as a cohesive unit. ”
Civility starts at the top
D
o you ever wonder if it is just you?
I was next in line at the check-out counter
of society, and is often magnified in a
Maybe I wasn’t driving fast enough
because I had turned to talk to my four-
homeowners association. There is no doubt
as I merged onto the freeway and
year-old who was asking for another bag of
that common courtesy must be the rule, not
the obscene gesture just received from
M&Ms. Or, maybe people are just as rude
the exception. Though we try to remember
the hotshot flying past me was somehow
as they seem.
to be cordial to our neighbors, most of us
warranted? Or, maybe it wasn’t obvious that
Incivility is rampant in all sectors
need a refresher on good old fashioned manners. After all, members of an association should be interested in maintaining camaraderie and civility in the community. Still, as we all know, folks get a rise out of torturing each other. What would a board meeting be without a bloodbath? Is it possible to be courteous to your neighbors at a board meeting? Can we effect change, implement a sound business plan and be respectful all at the same time? In society at large, civility starts at the top. Thus, an association’s board of directors should be a model for the entire membership when it
34
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
comes to working together and making the
Association Bank Services
community peaceful and enjoyable for all of its residents. In an effort to find some element of calm during board meetings and improve the general communication and overall respect among directors, many boards have started adopting a board member “Code of Conduct” to help guide the group as a cohesive unit. The Code can also be a useful tool to get the group on the same page, when one or two pesky directors insist on rocking the boat. The Code of Conduct is a simple list of do’s and dont’s that breaks
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down California law regarding fiduciary duties into laymen’s terms.
Jan Hickenbottom
PCAM, CCAM Vice President 4301 MacArthur Blvd. Newport Beach, CA 92660 (800) 848-6771
Examples of Code of Conduct provisions are as follows: 1) Association board members shall respect the confidentiality of information exchanged in executive sessions. They shall
Member FDIC
neither disclose confidential information without proper legal authorization, nor
www.FirstBankHOA.com
use such information to advance personal, financial or other private interests.
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ssl_CAI_0210:Layout 1
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Confidentiality is the hallmark duty of a board member, who acts in a fiduciary role with the power and authority to exercise discretion for the benefit of the entire
Improving more than just your property.
group. The information known and received by a director should not fuel gossip or result in judgment of the parties involved. 2) Association board members may not attempt to exercise individual authority over the association. Each Board Member has the right to cast his or her single vote, but must accept the will of the majority of the board
S TEVEN S MITH L ANDSCAPE I NC .
members. Board members necessarily bring individual experience and opinions to the table, but must be flexible and gracious enough to listen, learn and adapt when faced with decisions championed by the majority of their peers. Petty squabbling
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diligent board. How many association
Continued on page 36
760/745.9916
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Lic No. 456160
35
CIVILITY starts at the top Continued from page 35
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3) Association board members shall base their decisions on the merits and substance of the matter at hand, rather than unrelated considerations. It does not matter if the delinquent owner recently parked a brand new car in their driveway. Maybe it is a company car or a vehicle borrowed from a sibling. It does not necessarily mean they have money hidden under a mattress and are withholding payment to the association out of spite. 4) Association Board Members shall not take any special advantage of services or opportunities for personal gain that are not available to all Association members. They shall refrain from accepting any gifts or promises of future benefits which might compromise or give the appearance of compromising their independence of judgment or action. Along with embezzlement and obvious financial conflicts of interest, personal advantage-taking and putting oneself ahead of ones neighbors are the cardinal sins every board member must take pains to avoid. 5) Association board members are required to abide by the same rules, restrictions, and provisions that apply to all other association members. They shall not receive any kind of special or preferential treatment or deferral of penalties based on their status as board members. At all times board members shall act in a manner which sets a good example for the community, and never act to a manner contrary to the policies, procedures, and rules that govern the association and its members. Yet, board members are, after all, human, and bring to the board individual perceptions and attitudes which reflect a variety of upbringings, cultural influences and emotions that are sometimes difficult to push aside. The key is for board members to recognize their responsibilities as good neighbors and
36
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
model this behavior for the membership. Board meetings should include lively debate and an exchange of ideas, not viral personal attacks that spread throughout the community. Board members should respect each other, even if they diametrically disagree. An attitude of compromise is essential to a community’s wellbeing. After a reoccurring debate about the state of the economy and increasing the association dues, I recently had a very astute board president tell a member, “Do not divide this group.” Doesn’t that say it all?
Elizabeth Hensley is a community manager at The Helm Management Co. located in La Mesa, California.
SAN DIEGO 2012 CAI-CLAC HONOR ROLL By Sam Dolnick, CAI-CLAC Delegate-at-Large
The CAI-CLAC Honor Roll is being presented for the third year. All individuals involved in common interest communities, whether they are associations, homeowners, professionals, managers or business partners, who have contributed funds to CAI-CLAC in 2012 to assure that our voice is heard in the halls of the California legislature are to be congratulated. CAI-CLAC monitors legislation regarding common interest developments (condominiums, planned developments, stock cooperatives and community apartment projects) that the legislators are asked to deliberate and vote upon each year. A heart felt thanks to all contributors. ABSOLUTELY NO FUNDS are given to any political party or to any candidate. All funds are used solely for issue oriented legislation affecting CIDs. However, our legislative advocate must be paid and items like stamps, stationery, phone calls, rent, maintenance of web site and other similar expenses must be paid. 2012 Goal = $25,084 • $500 collected to date. • Only $24,584 to reach goal.
Our thanks to the following contributors from January 1 -31, 2012. Andalucia Townhomes HOA Anderson & Kriger Carmel Trails HOA Coronado Shores Condo Association #6 Fairfield HOA Fairway Pointe OA il Palio HOA Joel M. Kriger APC La Jolla Soledad West HOA Masters Hill OA Playmor Bernardo HOA Rock Springs East COA Rodent Pest Technologies SBS Lien Services Seacoast Commerce Bank Seven Oaks Management Corp No. 4 Stoneridge Chateaus HOA Vermont Villas Condo HOA Villa Marbella HOA Village Park Townhome Corp #3 Woodbridge Estates HOA
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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 27
Attorneys Anderson & Kriger Janet Wilcox.............................. 619-589-8800 fax 619-464-2600 jwilcox@a-khoa.com www.a-khoa.com Please see our ad on page 17 Epsten Grinnell & Howell, APC Jon Epsten, Esq........................ 858-527-0111 fax 858-527-1531 jepsten@epsten.com www.epsten.com Please see our ad on page 9 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 31 Peters & Freedman, LLP David M. Peters, Esq. .............. 760-436-3441 fax 760-436-3442 www.hoalaw.com Please see our ad on page 29 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 19
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 Curtis Management Company, Inc. Patrick S. Campbell, CCAM....... 877-587-9844 fax 858-587-9972 pcampbell@curtismanagement.com www.curtismanagement.com Please see our ad on page 24 S.H.E. Manages Properties, Inc. Karen Martinez, CCAM.....619-291-6300 x 320 fax 619-291-8300 karen@shemanages.com www.shemanages.com Please see our ad on page 36 Walters Management Joe Farinelli, PCAM.................. 858-495-0900 fax 858-495-0909 jfarinelli@waltersmanagement.com www.waltersmanagement.com Please see our ad on page 18
Consulting Curtis Management Company, Inc. Patrick S. Campbell, CCAM....... 877-587-9844 fax 858-587-9972 pcampbell@curtismanagement.com www.curtismanagement.com Please see our ad on page 24
Construction Management Sullivan Construction Management Pat Sullivan................................. 619-722-7580 fax 866-306-6804 pat@patsullivancm.com Please see our ad on page 12
Curtis Management Company, Inc. Patrick S. Campbell, CCAM....... 877-587-9844 fax 858-587-9972 pcampbell@curtismanagement.com www.curtismanagement.com Please see our ad on page 24 First Bank Jan Hickenbottom, PCAM....... 800-848-6771 fax 949-477-0255 Jan.hickenbottom@fbol.com www.FirstBankHOA.com Please see our ad on page 35 Mutual of Omaha Bank / CondoCerts Cyndi Koester, PCAM............... 949-235-8498 fax 888-493-1973 ckoester@cabanc.com www.cabanc.com Please see our ad on page 8 Pacific Western Bank Tom Cheek................................. 760-432-1335 fax 760-432-1339 tcheek@pwbonline.com www.pwbonline.com Please see our ad on page 26 Popular Association Banking Larry Hooper.............................. 714-864-5171 fax 714-864-5190 lhooper@bpop.com www.bpop.com Please see our ad on page 37 Seacoast Commerce Bank Ken Carteron............................. 760-803-9541 fax 760-301-0046 kcarteron@sccombank.com www.sccombank.com Please see our ad on page 14 Union Bank Michelle Hill, CTP...................... 951-245-1344 fax 800-791-9010 michelle.hill@unionbank.com www.unionbank.com Please see our ad on page 5
Fencing/Gates Fenceworks Tom Barrett................................ 760-724-8131 fax 760-724-8483 tbarrett@fenceworks.us www.fenceworks.us Please see our ad on page 15
Ward & Hagen, LLP Kirk Yake, Esq............................ 858-847-0505 fax 858-847-0105 kyake@wardhagen.com www.wardhagen.com Please see our ad on page 32
38
Financial Services
S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e
INSURANCE Berg Insurance Agency, Inc. Michael Berg, CIRMS................ 800-989-7990 fax 949-586-9877 michael@berginsurance.com www.berginsurance.com Please see our ad on page 39
Landscape Maintenance and/or Construction Pacific Green Landscape, Inc. Heather Collins.......................... 619-390-9962 fax 619-390-0865 heather@pacificgreenlandscape.com www.pacificgreenlandscape.com Please see our ad on page 33 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 35 TVRI Mimi Cortes............................... 760-696-0687 mimi@tvri.com www.tvri.com Please see our ad on page 12
Roofing
Towing
Premier Roofing Bill Capito.................................. 619-667-4565 fax 619-667-1281 billc@premierroofingca.com www.premierroofingca.com Please see our ad on page 13
Western Towing Kathy Tighe................................ 619-297-8697 fax 619-296-2822 denisetb@westerntowing.com www.westerntowing.com Please see our ad on page 36
Security Services
Water Submetering
Bald Eagle Security Dmitriy Todorov......................... 619-230-0022 fax 619-230-6610 dmitriyt@baldeaglesecurity.com www.baldeaglesecurity.com Please see our ad on page 32
California Sub-Meters Robert Anaya............................. 858-571-8999 fax 858-571-4470 robert@calsubmeter.com www.calsubmeter.com Please see our ad on page 5
Maintenance & Repair ProTec Building Services, Inc. Julie Villelli................................. 858-569-1080 fax 858-569-1088 jvillelli@protecbsi.com www.goprotec.com Please see our ad on page 13
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 24 Payne Pest Management Jason Payne............................... 858-277-2228 fax 858-277-2212 jpayne@paynepestmgmt.com www.paynepestmgmt.com Please see our ad on page 27
Reserve Studies Association Reserves San Diego LLC Matthew Swain, RS................... 619-567-5239 fax 619-568-3564 mswain@reservestudy.com www.reservestudy.com Please see our ad on page 11
Providing Community Associations with Insurance Solutions BERG INSURANCE AGENCY, INC.
23651 Birtcher Dr., Lake Forest, CA 92630 5055 Avenida Encinas, Suite 100, Carlsbad, CA 92008 800.989.7990 phone 949.586.9877 fax
Sonnenberg & Company Leonard Sonnenberg................ 858-457-5252 fax 858-457-2211 lens@sonnenbergcpas.com www.sonnenbergcpas.com Please see our ad on page 27
C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2
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Marketing Plan Members
Platinum
GOLD Animal Pest Management Bald Eagle Security Clean Earth Restorations Fenceworks
Mutual of Omaha Bank/ CondoCerts Nautilus General Contractors, Inc. Premier Roofing CA, Inc.
RSI Roofing Seacoast Commerce Bank Universal Protection Services Western Towing
BRONZE Arborwell
Law Offices of Richard Salpietra
ProTec Building Services Rodent Pest Technologies
Artistic Maintenance
Mt. Helix Pest & Termite Control
Association Reserves San Diego, LLC
N.N. Jaeschke, Inc.
Sky Security Services
AV Builder Corp
O’Connell Landscape Maintenance
Sullivan Construction Management
Behr Process Corporation
Pacific Green Landscape
Summit Security
Fenton Grant Mayfield Kaneda & Litt, LLP
Payne Pest Management
Union Bank
Popular Association Banking
US Bank
First Bank
Pro-Tech Painting