Common SPRING 2012
The professional provider of education, advocacy and resources for Community Associations
2012 L e g a l U p d at e Cases addressing GOVERNING DOCUMENTS page 15 WHAT did you say? 26 When is exclusive use common area NOT SO EXCLUSIVE? page 34
COMMON ASSESSMENT MAGAZINE • SPRING 2012
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FEBRUARY Trade Show – DoubleTree Hotel Mission Valley – Legal Update 2012 Essentials of Community Association Volunteer Leadership – Courtyard by Marriott MARCH Bowling Tournament Mira Mesa Bowl Morning Educational Program: Bidding & Finance Courtyard by Marriott Morning Educational Program: Bidding & Finance Sheraton Carlsbad
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CID Law Course – Courtyard by Marriott APRIL Legislative Day in the Capitol – Sacramento, CA Annual Educational Conference– DoubleTree Hotel, Mission Valley MAY CAI National Conference Las Vegas, NV Morning Educational Program: Stress Management – Courtyard by Marriott
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Afternoon Educational Program: Stress Management – Hilton Garden Inn, Carlsbad JUNE Monte Carlo Night Kona Kai Resort Luncheon & Trade Show Topic TBA - DoubleTree Hotel, Mission Valley CAI Family Night at the Padres Game M-205 Class: Risk Management
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You go the extra mile for your business. Show your community association clients you’re willing to go the extra mile for them, too. The new Educated Business Partner distinction recognizes active CAI Business Partner members who have successfully completed Business Partner Essentials, an online course developed by CAI to help product and service providers better understand the issues and challenges faced by their association clients. Take the course, pass the test, be affiliated with an active CAI Business Partner member, and you’ll earn the CAI Educated Business Partner distinction. As an added benefit, you’ll be listed on the CAI website, where clients can see your commitment to service. Visit www.caionline.org/bpcourse, e-mail cai-info@caionline.org or call (888) 224-4321 to learn more.
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SPRING 2012 • COMMON ASSESSMENT MAGAZINE
Features 6
For Rent! New Law Affects Associations’ Ability to Prohibit Rentals
BY JOEL M. KRIGER, ESQ. & LAURI CROCE, ESQ.
12
SENATE BILL 563: Official Association Business? Not Without a Meeting!
BY JEFFREY A. FRENCH, ESQ. AND ELIZABETH A. CALL, ESQ.
15
Cases Addressing Governing Documents
BY LAURIE S. POOLE, ESQ.
22
To Charge or Not to Charge? Senate Bill 209: Electric Vehicle Charging Stations
BY JODI A. KONORTI, ESQ.
26
What Did You Say? The Impact of the Anti-SLAPP Statute on Community Associations
BY RICHARD SALPIETRA, ESQ.
34
When is Exclusive Use Common Area Not So Exclusive?
BY JONATHAN D. MASSIE, ESQ.
38
California Legislative Action Committee: Where Does It All Fit In?
BY KIMBERLY LILLEY, CMCA, CIRMS
Departments 2
Chapter Event Calendar
4
President’s Message
BY LOUISE STETTLER
18
Homeowners’ Corner: Conflict of Interest
BY SAMDOLNICK
24 20 30
Chapter News 21 25 33 42
November Morning Program: Almost Free Legal Advice October 7 Trade Show Exhibitors Annual Awards Luncheon Highlights Around San Diego
Platinum Business Partner Spotlight: Anderson & Kriger New and Renewing Members Mortgage Matters
42
CLAC Donations Honor Roll
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2012 Marketing Plan Members
A special thank you to Mimi Cortes from TVRI for taking photos at The Annual Awards Luncheon.
COMMON ASSESSMENT MAGAZINE • SPRING 2012
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Common
President’s Message EXECUTIVE COMMITTEE LOUISE STETTLER................................................. PRESIDENT Epsten Grinnell & Howell, APC
Strengthening Old Relationships & Building New Ones
A
s we present this first issue of our chapter magazine, I am reminded what an extraordinary chapter we have and the leaders and boards whose vision and hard work have brought us to this point. As your President, I am honored to have been entrusted with the task of pursuing continued growth for our chapter. I believe that as members — whether association managers, business partners or homeowner volunteers — we all have an important role to play in ensuring that our communities thrive and our chapter is there to provide the necessary resources. Education will always be in the forefront, along with new programs, a vibrant website, an award winning magazine, support and programs from CAI National, and our commitment to the California Legislative Action Committee. In our ongoing effort to improve our services, this year our chapter Three of the most powerful is offering a new Designation words in the English language: Committee to mentor both 'Please help me'. community association managers ~Cathy Conheim and business partners who wish to pursue a designation in their field. In addition, look for our new monthly e-newsletter for event information and registration and chapter updates. Our board of directors values your input as members of this growing organization. In order to obtain your ideas and insights the chapter office will be sending out a survey and your participation would be appreciated. This is your chapter and as President, I want you to know you have a voice and encourage an open door policy. No organization survives without its generous business partners and hard working volunteers. To this end, one of my goals is to challenge each of us to reach out and to get involved to help make our chapter grow and succeed. To become involved in one of our committees: Membership, Magazine, Marketing/Public Relations, Bowling, Monte Carlo, Billiards, Golf, Homeowners Roundtable and CLAC, contact the Chapter office at 619-299-1376. In closing, thank you for your support and I look Louise Stettler has forward to a wonderful year of strengthening old been doing business development for Epsten relationships and building new ones. Grinnell & Howell, APC for more than 12 years and is the 2012 Chapter President.
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SPRING 2012 • COMMON ASSESSMENT MAGAZINE
MARIE DONOVAN..................................... PRESIDENT ELECT Homeowner 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............ Pacific Rim Property Management CHRIS HODGE, PCAM............... Elite Community Management BRUCE ROSENBLATT ................................................... Manager RICK SALPIETRA, ESQ................. Law Offices of Richard Salpietra SHANNON SMITH......................................Reconstruction Experts JASON STEWART..........................................Park West 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. 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
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COMMON ASSESSMENT MAGAZINE • SPRING 2012
5
For Rent! New Law Affects Associations’ Ability to Prohibit Rentals BY JOEL M. KRIGER, ESQ. & LAURI CROCE, ESQ.
THE CALIFORNIA ASSOCIATION OF REALTORS
(a) An owner of a separate interest in a
was successful in obtaining approval of a new law
common interest development shall not be
which took effect January 1, 2012: SB 150 (Correa),
subject to a provision in a governing document
adding Civil Code Section 1360.2 concerning the
or an amendment to a governing document that
renting out of separate interests in common interest
prohibits the rental or leasing of any of the separate
developments. The statute provides that an owner
interests in that common interest development to
shall not be subject to any provisions in governing
a renter, lessee, or tenant unless that governing
documents that prohibit rentals or leasing unless
document, or amendment thereto, was effective
the provisions were in effect prior to the date the
prior to the date the owner acquired title to his or
owner acquired title. The heart of the statute is
her separate interest.
contained in Subdivision (a) of Section 1360.2:
Subdivision (f) contains the January 1, 2012 effective date. Together, these provisions mean that owners are exempt from prohibitions on leasing enacted after January 1, 2012 and after the owner acquired title. These kinds of exemptions are colloquially referred to as “grandfathering.” Subdivision (b) provides that owners may expressly consent to a prohibition on leasing, notwithstanding
the
grandfathering
rights
conferred by subdivision (a). Subdivision (c) extends grandfathering rights to a transferor when the property is transferred without a reassessment by the county tax assessor - for example, when property is transferred into a family trust. Transfers through certain probate proceedings, or transfers as to which real estate Transfer Disclosure Statements are not required, are also grandfathered.
Prohibitions upon rentals or leasing, versus rental restrictions The language in the new law is clear to apply to prohibitions upon rentals or leasing and not, by implication, to mere restrictions on rentals. In fact, Subdivision (d) includes a rental restriction requiring the lessor to give the association the tenant’s name and contact information. (d) Prior to renting or leasing his or her separate interest as provided by this section, an owner shall 6
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
Continued on page 12
COMMON ASSESSMENT MAGAZINE • SPRING 2012
7
FOR RENT
not so clearly permissible under the new law:
Continued from page 6
• Ban on rentals for the first twelve or
What Does “Prohibit” Actually Mean?
provide the association … the name and
twenty-four months of ownership. This
It does not appear to mean “restrict’, as
contact information of the prospective tenant
type of provision discourages investors
in “use restrictions.” Forbidding any type of
or the prospective tenant’s representative.
and increases owner occupancy. The
rule or regulation concerning rentals would
Common leasing restrictions which do
prohibition on leasing is not permanent,
undermine the purpose of the governing
not appear to be disallowed by the new law
but there is, in fact, a prohibition on
documents to oversee a peaceful residential
include:
rentals or leasing for a specified period
community with stable or enhanced property
• Minimum
of time.
values. So does the new Civil Code Section
lease
terms
to
prevent
transient occupancy (e.g., weekly rentals)
• Setting a maximum percentage of the
1360.2 apply solely to complete prohibitions
or repeated disruptions by resident
total number of units or lots that can be
on all leasing, applicable across all properties
turnover (e.g., leases with less than a six
rented. This type of restriction is very
in the community? Or does the statute also
month term).
beneficial to an association in qualifying
apply to partial prohibitions that benefit
• Occupancy limits (e.g., adoption of the
for FHA certification and having its
the association and its resident owners at
federal standard of two-persons-per-
owners and their properties qualify under
the expense of non-resident owners and
bedroom plus one.)
mortgage lending criteria relating to
investors? The statute leaves these questions
owner-occupancy, even if the restriction
open for further debate.
• Compliance with use restrictions (e.g., parking in designated spaces, using
creates
problem
The purpose of Subdivision (e) is murky.
acceptable window treatments) and
in tracking the number of rentals and
The statute includes Subdivision (e) which
nuisance preventatives (e.g., noise and
equitably allocating the right to rent.
provides that the new law does not “revise,
foot traffic regulations) in the governing
Again, the prohibition on leasing is not
alter, or otherwise affect the voting process
documents.
permanent, but there is a prohibition
by which a common interest development
None of these prohibit rentals or leasing.
as to some owners for an indeterminate
adopts or amends its governing documents.”
period of time.
What does this mean? The statute does
Yet other common leasing restrictions are
an
administrative
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not seem even to address the process of adopting CC&Rs or operational rules. Under the law as written, majority approval by members of a prohibition on rentals adopted after January 1, 2012, should not be able to overcome the grandfathering rights conferred by Subdivision (a). New law also requires disclosures. The new law also amends Civil Code Section 1368 requiring information to be provided to prospective purchasers regarding the existence of rental prohibitions in the governing documents. Civil Code Section 1368 now contains Subdivision (a)(9) which provides that if the governing documents contain a prohibition on rentals or leasing, ”statement describing the prohibition and its applicability” must be included in the association’s disclosure packet given to sellers.
What Board Members and Managers Need to Know About the New Law Civil Code Section 1360.2 appears to raise questions without easy answers. Practical steps associations can take to avoid costly litigation while still addressing the issue of rentals in the community include: • Enact moderate rental restrictions reasonably related to the interests of the community members and the goal of peaceful residential living. The more draconian or voluminous the restrictions on rentals and leasing, or on tenants as opposed to resident owners, the more likely an association is to draw fire from a disgruntled owner. • Seek ownership consent for rental prohibitions. In some instances, there are identifiable economic advantages to limiting the number of rentals in a community, or encouraging owner occupancy. Narrowly drawing partial prohibitions applicable to new owners which will benefit existing owners (who can give their consent) may result in the incremental adoption over time of partial prohibitions which, added Continued on page 10 COMMON ASSESSMENT MAGAZINE • SPRING 2012
9
UBM188_Apr7_SanDiego_4.75x10_4C
FOR RENT Continued from page 9
together, create a greater good for the entire community. • Disclose all rental restrictions, regardless of whether they technically constitute a “provision in the governing documents that prohibits rental or leasing of any of the separate interests” in the community. Board members and managers will need to exercise patience and perseverance, utilizing legal counsel and keeping tabs on their peers’ experiences to help guide them. Maintaining the long view is also key. Associations must keep in mind that its board of directors is but a part of an entity with a past as well as a future. Just as the economy cycles through good and bad times, so does ownership within a community cycle as previous owners move on and new owners move in. The short term may be disrupted or logistically difficult to
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SPRING 2012 • COMMON ASSESSMENT MAGAZINE
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COMMON ASSESSMENT MAGAZINE • SPRING 2012
11
SB 563: Official Association Business? Not Without a Meeting! Board decisions can no longer happen via text message or email
S
TARTING JANUARY 1, 2012, boards will no longer
BY JEFFREY A. FRENCH, ESQ. & ELIZABETH A. CALL, ESQ.
be able to take action outside of a meeting pursuant to Senate Bill 563. That means no more decisions via email or text messaging. This
undoubtedly will make many managers smile because it may make their job easier since they no longer have to track and document board action between meetings. But, it also means meetings will likely be longer and the association’s ability to act quickly will be hampered by the new provisions. The reason for these changes? Transparency.
In response to the ever evolving world of technology, Senate Bill 563 defines and limits how boards may and may not meet for purposes of conducting official business.
In response to the ever evolving world of technology, this bill defines and limits how boards may and may not meet for purposes of conducting official business. In essence, board members will have to let go of the convenience of deciding matters via informal methods such as email and text message and instead will be required to conduct matters in person or via telephone or video conference. SB 563 may provide for better communication between boards and association members regarding board decisions made, however the new limitations may prove to be logistically inconvenient to many boards. The two primary provisions of SB 563 of which boards and managers
need to be aware of are a new notice requirement and a requirement that all meetings be conducted real-time. First, the senate bill alters existing notice requirements to provide that association members be given two (2) days’ notice for meetings taking place via teleconference. In addition, each board member attending the teleconference must state his or her location for the record and one member must be physically located at or near the development so that interested owners may physically be present to listen in on the call. More specifically, the bill guarantees that all association members are given the opportunity to hear the issues presented. Association members can still be excluded from certain meetings that are intended only to address executive matters, however they must receive notice that an executive meeting will take place. The second primary provision is the real-time requirement for meetings. Senate Bill 563 explains that the board must meet either in person, by phone or via video conference to conduct official business. Matters may not be decided via
12
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
written electronic mail consent unless they
for the upcoming changes to ensure a
the new meeting requirements. Boards
constitute an emergency matter. However,
smooth transition to the new meeting
should develop a strategy for meeting via
SB 563 specifically provides that a meeting
process. The most important measure
telephone or videoconference. Do board
is not a series of electronic transmissions,
is education. Managers and/or counsel
members have the technology available
such as electronic mail. This last provision
should discuss the effects of SB 563
to comply with the bill’s conferencing
allows boards to communicate via email
with boards. For example, if a board has
requirement? A training session may be
but they cannot take action via email.
historically decided matters via electronic
necessary to educate board members
mail or text messaging, the board should
regarding teleconferencing and
expect to have longer meetings under
videoconferencing. Boards should also
The “emergency” exception within the bill is construed narrowly and therefore cannot be used as a catch-all or safe-harbor
Continued on page 14
to circumvent the bill’s intent of promoting “live” meetings. The emergency exception provision of the bill allows board members to decide matters via email only when an emergency exists. Under current law, an emergency meeting of the board occurs when the president or any two members of the governing body (other than the president) call a meeting where, under the circumstances it could not have reasonably foreseen that the matter would require immediate attention and possible action by the board, and the circumstances make it impracticable to provide notice as required by law. Accordingly, most matters will not fall under this emergency exception. The purpose of this bill is to provide transparency regarding board action. Supporters of the bill may say that the bill will provide members more opportunities
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to be informed of board decisions, which will improve transparency. Critics of SB 563 claim that limiting the board’s ability to communicate and decide matters swiftly and informally through email and text message will be difficult to implement and impractically slow. Similarly, it is often difficult to find a convenient time for all members to attend (even by telephone). For example, for those boards that currently use email to collectively make decisions, implementation of SB 563
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may mean fewer meetings, less items addressed, and increased red tape. Ultimately, these inconveniences may deter association members from running for board positions. Common interest communities, their managers and attorneys, can and should take proactive measures to prepare COMMON ASSESSMENT MAGAZINE • SPRING 2012
13
SB 563 Continued from page 13
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not become hamstrung by the virtual loss of the unanimous written consent tool for actions outside of regular board meeting. Boards are encouraged to seek assistance and support from legal counsel and management when navigating the new provisions of Senate Bill 563.
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SPRING 2012 • COMMON ASSESSMENT MAGAZINE
Cases Addressing Governing Documents BY LAURIE S. POOLE, ESQ.
PROPOSED LEGISLATION REGARDING HOMEOWNERS ASSOCIATIONS are closely followed, so by the time bills are signed, there are few surprises. However, cases decided by the California Appellate courts are rarely known in advance and it is always interesting to see what issues arise and how they are addressed. California Appellate Courts are reviewing courts – they review judgments rendered in the Superior Courts. Appeals to the Appellate Courts are automatic –the appeal will be heard if it is from a decision that is “appealable.” Published Appellate Court opinions are considered precedent in the Superior Courts served by the particular appellate district and can be cited in any Superior Court. Unpublished cases are not controlling and can not be cited. A request can be made to publish an opinion if it meets certain criteria, such as setting forth important new principles of law. We routinely keep track of new appellate court opinions that impact homeowners associations and request publication of those that would benefit our industry, such as Sui v. Price (discussed below). The following are 2011 cases regarding governing documents.
Sui v. Price, (2011) 196 Cal. App. 4th 933 Mr. Sui parked his inoperable van in his exclusive parking space within his association. The association amended its rules to prohibit parking of disabled, inoperable vehicles. After issuing a warning regarding parking the inoperable van, the association had Mr. Sui’s van towed. Mr. Sui then filed a lawsuit against the association and the board president, alleging numerous
wrongdoings. The association and board president filed motions challenging the complaint, claiming it did not allege legal theories under which Mr. Sui could recover. The trial court agreed and dismissed the lawsuit. One of the issues on appeal was whether Mr. Sui had a legal basis for breach of contract against the association. Mr. Sui alleged the association had acted in a discriminatory manner in enacting the rule because he was the only one with an inoperable vehicle. The Appellate Court rejected this argument, finding that Continued on page 16
COMMON ASSESSMENT MAGAZINE • SPRING 2012
15
CASESfollowing ADDRESSINGdecisions GOVERNINGwere originally issued as The DOCUMENTS unpublished but due to their important Continued from pageopinions, 13 precedent, our requests for publication were granted:
any benefit. However, there has been a
Tesoro Del Valle Master Homeowners Association v. Griffin, (2011) 200 Cal. App. 4th 619
test will also apply to operating rules.
An association’s decision to partially deny owners’ application to install a solar energy system, because of the aesthetic impact on the project, was upheld. The owners were ordered remove a portion of the installed solar energy system. Civil Code Section 714 provides that any covenant, restriction, or condition contained in the governing documents of homeowners associations that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable. Section 714 does not prohibit an association from considering the
question as to whether operating rules would be judged under the same test. This is the first case that affirms that the Nahrstedt
Bear Creek Planning Committee v. Ferwerda, (2011) 193 Cal. App. 4th 1178 In 2001, Robert Ferwerda began the process to build a house on the vacant lot he owned within the Alpine Meadows
aesthetic impact of a solar energy system in evaluating an architectural application.
Estates subdivision unit No. 4. Under the
Cadam v. Somerset Gardens Townhouse HOA, (2011) 200 Cal. App. 4th 383
to a separate planning committee and
A jury’s award of $1,336,197.00 to a tenant in a homeowners association who tripped and fell on a walkway separation was set aside by the Superior Court. In California, a property owner is not liable for damages caused by a trivial defect in his, her or its property. Here, the walkway separation was three-fourths to seven-eighths inch in depth. The Appellate Court determined it was not a “trivial defect” so the association was not liable, even though it was aware of the separation.
association’s CC&Rs, owners must apply obtain approval prior to constructing and excavating on their lots. The CC&Rs provided that the committee’s approval of proposed plans must be in accordance with the procedures and standards set forth in the committee’s restrictions. The CC&Rs also stated that except for setbacks, any conflicts between the CC&Rs and the committee’s restrictions would be resolved in favor of the committee’s restrictions.
CASES ADDRESSING GOVERNING DOCUMENTS Continued from page 15
The original restrictions were contained in the association’s CC&Rs. In 1990 the
the rule was reasonable under “reasonableness” test set forth in the 1994 California Supreme
committee published a “green book”
Court decision of Nahrstedt v. Lakeside Village Condominium Assn. The Narhstedt Court
containing additional procedures, standards
determined that recorded use restrictions in CC&Rs “should be enforced unless they are
and regulations and revised the book in
wholly arbitrary, violate a fundamental public policy, or impose a burden on the use of affected
2002.
land that far outweighs any benefit.” The Appellate Court determined that the Nahrstedt test should be applied to operating rules, stating: We see no reason to apply a different test for reasonableness of an association’s operating
Mr. Ferwerda brought several lawsuits, claiming the committee inappropriately blocked construction on his lot. The trial court entered judgment against Mr.
rules, especially since a rule adopted by the association’s board may be reversed by majority
Ferwerda and ordered him to pay the
vote of the homeowners at a meeting called on petition of only 5 percent of the separate
other parties’ attorneys’ fees. Mr. Ferwerda
interests in the association. An operating rule of a homeowners association must be tethered
appealed.
to reasonableness, just like the CC&Rs. Applying this test, the Appellate Court found that the rule prohibiting parking of disabled,
One issue was whether the committee could adopt additional design standards
inoperable vehicles within the development to be reasonable. “The association was perfectly
beyond those that had been originally
reasonable in prohibiting this unsightly intrusion upon the aesthetics of their common interest
adopted in the CC&Rs. The Appellate Court
development.”
determined that the conflict language in the CC&Rs expressly allowed the committee
What Boards and Managers Can Learn from this Case Since Nahrstedt, we have understood that in analyzing whether recorded CC&R restrictions are “reasonable” courts will determine whether the restrictions are wholly arbitrary, violate a fundamental public policy, or impose a burden on the use of affected land that far outweighs
16
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
to adopt additional architectural design standards (those that were reflected in the original and revised green book). The Appellate Court stated that those documents are a legitimate exercise of the
committee’s power granted to it under the
amendment, extending the document until
the case of Costa Serena Owners Coalition
CC&Rs and are binding on the homeowners
January 1, 2009, and providing for automatic
v. Costa Serena Architectural Com. (2009)
whether they are separate or supplemental
renewal. The amendment was signed by 63%
175 Cal. App. 4th 1175. The Costa Serena
to the CC&Rs.
of the owners.
decision established that procedural
What Boards and Managers Can Learn from this Case So long as the governing documents
The CC&Rs contained a provision
challenges to amendments to recorded use
stating that no structure on any lot may be
restrictions must be brought within 4 years
constructed in such a manner as to obstruct
of the date the amendments were recorded.
the scenic view of any other lot owner. In
Since Mr. Ignatin’s challenge to the 1998
have the correct language, an architectural
2007, Mr. Ignatin had plans to build a new,
amendment was filed ten (10) years after the
committee will be empowered to adopt
larger home on his lot in violation of the
amendment was recorded, his challenge was
additional architectural standards. While
CC&Rs. His neighbors wrote to him and
too late.
this case did not involve a common interest
asked him to suspend development of his
development, the analysis given by the
home until he addressed their concerns.
Appellate Court regarding the scope and
When Mr. Ignatin claimed construction would
role of architectural standards could be
not violate the CC&Rs, the neighbors filed a
applied to common interest developments.
lawsuit. for the first time, a challenge to the CC&Rs,
and was, therefore, invalid. The trial court
recorded in 1965 and had an expiration
agreed with this argument and ruled in Mr.
date of January 1, 1999. On December 31,
Ignatin’s favor.
1998, the association recorded a CC&R
encinitas office
760 436 3441
the amendment is recorded.
needed to be signed by 100% of the owners
Homeowners Association Property were
ATTORNEYS AT LAW
the challenge within four (4) years of the date
claiming that the 1998 CC&R amendment
The CC&Rs for the Brentwood Hills
PETERS
Anyone challenging the procedure used to adopt amendments to CC&Rs must file
During the 2008 trial, Mr. Ignatin raised,
Schuman v. Ignatin, (2011) 191 Cal. App. 4th 255
What Boards and Managers Can Learn from this Case
Laurie S. Poole has been an attorney with Peters & Freedman, L.L.P. since 1993. Peters & Freedman has offices in Encinitas and Palm Desert.
The Appellate Court reversed, relying on
&
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 COMMON ASSESSMENT MAGAZINE • SPRING 2012
17
Homeowners’ Corner Conflict of Interest: What Does It Mean? Lately there has been a series of articles in the print media,
are sent to the MF, who opens all bids, reviews them, and then
radio and television about possible “conflict of interest” situations
makes recommendations to the board. The MF recommends its
by our elected representatives, not-for-profit organizations, and
own landscape personnel, which appears to be the lowest bid, to
in corporate offices. There also have been articles on “conflict of
the board who then approves the recommendations and signs a
interest” by some Supreme Court Justices who make decisions on
contract with the MF. At this point, since the MF opened all bids,
cases where they or some member of their family gains financially.
including their own, the MF could have reduced their bid to be the
“Conflict of interest” as defined in the dictionary1 is “1. The circumstances of a person who finds that one of his activities,
This illustration, which actually has occurred more than once, is
interests, etc., can be forwarded only at the expense of another of
an obvious “conflict of interest” as the MF used their position for
them, 2. The circumstances of a public office holder whose private
their own financial gain. To counteract this procedure the board as
financial interests might benefit from his official actions or political
a whole, a few board members, or third party personnel, appointed
influence.”
by the board, should be involved in the opening of the bids and Let us concentrate on possible “conflict of
Readers of this column are encouraged to send their opinions on the above and suggestions for future columns to samdolnick@ juno.com or by phone, 619-697-4854. Sam Dolnick has served as president of his association, is a former homeowner representative of the San Diego Chapter Board of Directors, former homeowner trustee of CAI National, and former director of the CAI Foundation for Community Association Research. He is currently homeowners’ delegate on the California Legislative Action Committee, and president of the Baker/Dolnick Education Foundation.
Guest articles are always welcome!
the MF should treated the same as any other bidder. There are two other situations, which involves professionals,
interest” charges in common
such as CPAs and attorneys. MF hires these two professional
interest developments
groups to do the bookkeeping, monthly and yearly financial
(CID) associations, their
reports and legal opinions for both the MF and the associations
management firms and the
which they service. Since both the MF and the association pay for
professionals serving them.
these services, to whom are the CPA, bookkeeper, and attorney responsible? Who is their client? To whom do they have their first
MANAGEMENT FIRMS (MF)
There are many
allegiance, the MF or the association? These two situations lend themselves to numerous chances for “conflict of interest.” One solution to this dilemma is for the board of directors to hire their
CID management firms
own CPAs and attorneys after interviewing them. Thus, these
that provide ‘full service’
professionals have only one client—the association.
accommodations. ‘Full service’ means that these firms not only provide
ASSOCIATION BOARD OF DIRECTORS It is well known that in some associations, some owners of
financial assistance, but
record run for the board of directors in order to help their own
also maintenance and
business, their friends or family members. Fortunately this is not too
repair personnel, landscape
widespread (or is my information faulty?).
personnel and various other services which are
Let's use an illustration that involves a pool/spa company. The owner of the pool/spa company became an owner of record in the
necessary for the smooth functioning of the association. There are
CID. This particular CID had multiple pools and spas, including
independent contractors, not associated with any MF, that also
multiple ponds. He volunteered for various committees, including
provide these same services.
the budget committee. On his own volition, he contacted various
18
lowest.
Let us take landscaping services as an example. The
contractor services, including pool services, and received tentative
association needs landscaping and tree trimming. This will cost
costs for acquiring these services. Three months later, when
several thousand dollars. The MF sends requests for bids to four
board members had to be elected, he ran for the board. He ran a
landscaping companies. The MF also submits a bid. All five bids
vigorous and costly campaign but was not successful. The word got
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
around the CID that by being on the board he would be able to steer the pool/spa/ pond contract to his company. After three years of unsuccessful attempts to become a board member he sold his unit. This is an example of an igneous conflict of interest attempt. I am sure readers of this column can give many other examples of “conflict of interest.” CID boards of directors must be very vigilant to prevent conflicts of interest from occurring.
1 The Random House Dictionary of the English Language, Unabridged, Random House, 1985. P.S. After the above article was submitted, the “CAI Minutes <caiservices@caionline.org>”, Nov/Dec 2011 issue appeared. The illustrations presented gives much food for thought.
Legal Counsel for Homeowners Associations We have the answers to your legal questions – when you need them.
858.756.2233 salpietra.com Inspectors of Elections Services
COMMON ASSESSMENT MAGAZINE • SPRING 2012
19
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 Alma Galindo.........................................10/11 Alpine Fence, Inc. . ...............................11/11 AT&T Connected Communities ..........12/11 BOFI Federal Bank ...............................11/11 Clinkenbeard Insurance/ Farmers Agency . ..................................12/11 Daniel Anderson . .................................11/11 Dee Valle ...............................................12/11 Denise Steen . .......................................10/11 Duramax Building Products . ...............11/11 Eagle Roofing Products .......................12/11 Fran Hidalgo .........................................12/11
Harvey Phillip ........................................10/11 Independent Association Management ........................................10/11 Jan Gardner ..........................................11/11 Jeanine Robertson ...............................11/11 John Paradise .......................................10/11 John Steel .............................................11/11 Kim Pierce .............................................11/11 Lori Mills ................................................11/11 Maria Zuniga .........................................12/11 Nicholas Hully .......................................11/11 R & M Construction, Inc. . ....................10/11
Rainscape Environmental Management ....................................10/11 Russell Buckley .....................................11/11 Sharyn Koenig . .....................................11/11 Susan Mahorney ...................................12/11 Thomas Krynicki . ..................................11/11 Ti Howe .................................................12/11 Vincent Esposito . .................................11/11 Yvette Huffman .....................................11/11
RENEWING MEMBERS A. McKibbin & Co............................................................... 1997 Andre Binns ........................................................................ 1982 Andrew Jager ..................................................................... 2007 Alliance Association Financial Services ............................................................................... 2008 Abdou Insurance Agency .................................................. 2010 Bruce Becker, CCAM, CMCA, AMS................................... 1980 Bruce Bennett ..................................................................... 2001 Bob Piva Roofing . .............................................................. 2009 Byron Mettler, CMCA . ....................................................... 2009 Fenton Grant Mayfield Kaneda & Litt, LLP .............................................................. 2005 Christy Gonzales . ............................................................... 2010 Clint McClure, CMCA, AMS .............................................. 2006 Daniel Goodrich, CCAM, CMCA, AMS . .......................... 2004 Daniel Guerara ................................................................... 1999 HOA Elections of California, Inc. ...................................... 2009 Southland Paving, Inc. ....................................................... 2010 David Abrams, CCAM . ...................................................... 2005 Dawn Braddy, CMCA ......................................................... 2010 Dawn Walters, CMCA, AMS .............................................. 2005 Aquaspecs, Inc. .................................................................. 2001 Don Huffman ...................................................................... 1982 Douglas Kerner . ................................................................. 1999 Douglas Weihe ................................................................... 1999 Association Management Group, Inc. . ............................ 1994 Erika Taylor .......................................................................... 2010 Eugene Alfaro ..................................................................... 2010 Greg Martinez . ................................................................... 1999 Janet Warren....................................................................... 2008 Anderson & Kriger ............................................................. 1984 DAPA Janitorial Service ..................................................... 2007 Jerry Wilson ........................................................................ 1999 Jill Bronk . ............................................................................ 2005 Treebeard Landscape ........................................................ 2010 Seabreeze Management Company, Inc. .......................... 2009 Joyce Goldman .................................................................. 2008 Julie Bigelow, PCAM . ........................................................ 2009 Menas Realty Company ..................................................... 2011 SHE Manages Properties . ................................................. 2005 S.D. Preferred Property Managers . .................................. 1995
20
SPRING 2012 â&#x20AC;˘ COMMON ASSESSMENT MAGAZINE
Karina Tatum ....................................................................... 2006 Seacoast Commerce Bank ................................................ 2011 Kenn Ulrich . ........................................................................ 2008 Kimberly Johnson, CMCA, AMS ....................................... 2005 TruGreen LandCare ............................................................ 2011 Law Office of Laura Kwiatkowski....................................... 1993 Silverado Community Management Service ................... 1996 Able Restoration . ............................................................... 2007 Golden Girls at MPM Realty . ............................................ 2004 The Inspectors of Election . ............................................... 2007 Marie Donovan ................................................................... 2000 Mario Denys . ...................................................................... 2001 Mario Trejo, AMS . .............................................................. 2005 Mediation Solutions ........................................................... 2010 Prendiville Insurance Agency ............................................ 2006 SCT Reserve Consultants, Inc. .......................................... 1994 Miguel Magallon ................................................................ 2010 Green Valley Landscape & Maintenance, Inc. ................. 2008 Rey Insurance Services, Inc. . ............................................. 2010 Mike Woods . ...................................................................... 2008 Ned Heiskell ....................................................................... 2009 Nicole Bargas ..................................................................... 2010 Patricia Ginger .................................................................... 2006 Clean Earth Restorations ................................................... 2008 Richard Johnson ................................................................. 2005 Rod Mason .......................................................................... 2010 Roger Reeve ....................................................................... 2006 Ron Serafine . ...................................................................... 1982 Sanford Sanford . ................................................................ 2009 Summit Security Guard & Patrol ....................................... 2003 Pacific Green Landscape, Inc. ........................................... 1988 Susan Fakhouri, CMCA ...................................................... 2009 Susan Thrasher ................................................................... 2009 Prater Architects, Inc. ......................................................... 1998 Tom Shaules . ...................................................................... 1999 Tweet Edmonds .................................................................. 2008 Victoria Cohen .................................................................... 2005 William Bennett .................................................................. 2009 Zelma Hall, CMCA . ............................................................ 2005 October/November/December 2011
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COMMON ASSESSMENT MAGAZINE • SPRING 2012
21
To Charge or Not to Charge? Senate Bill 209: Electric Vehicle Charging Stations BY JODI A. KONORTI, ESQ.
EFFECTIVE JANUARY 1, 2012, SENATE BILL 209 adds new Section 1353.9 to the California Civil Code. SB 209 relates to electrical vehicle charging (EVC) stations. Although there are still many unanswered questions on the practicality of actually installing EVC stations, the legislature attempted to answer some preliminary issues by imposing conditions on the installation and use of an EVC station. SB 209 makes void and unenforceable any governing document provision that effectively prohibits or restricts the installation or use of an EVC station. At the same time, SB 209 authorizes an association to adopt reasonable restrictions and requirements related to the installation of EVC stations. Reasonable restrictions are characterized as those restrictions that do not significantly increase the cost of the station or decrease the efficiency or specified performance of the station. SB 209 also contains specific conditions for installations on the common area or exclusive use common area. The association is required to approve an EVC station application for installation in a common area or exclusive use common area if the applying owner agrees, in writing, to comply with any published architectural standards, use a licensed contractor, provide proof of liability insurance in the amount of one million dollars naming the association as an additional insured, and pay for the electricity usage related to the station. If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved (unless the delay is the result of a reasonable request for additional information). The installing owner (and successive owners) are responsible for: (i) the costs of damage to the station, 22
SPRING 2012 â&#x20AC;˘ COMMON ASSESSMENT MAGAZINE
common area, exclusive use common area and/or adjacent property from the station; (ii) the costs of maintenance, repair, removal or replacement of the station, until it is removed, from the common area or exclusive use common area; (iii) the cost of electricity for the station; and (iv) disclosing to prospective buyers the existence of the station and the related responsibilities. There are penalties for willful violations of the statute by an association. Such penalties include a civil penalty of up to $1,000, actual damages, and/or attorneys’ fees to the prevailing plaintiff.
How Does Civil Code Section 1353.9 Relate to Associations? Civil Code Section 1353.9 applies to all common interest developments. Civil Code Section 1353.9 will likely have less of an impact on planned unit developments with parking spaces or detached garages on the individual lots than condominium communities or planned developments with common area parking or attached garages. The biggest issues for most common
membership’s right to approve or
on common area and exclusive use
interest developments will likely be tying
disapprove an exclusive use of common
common area. Furthermore, respond to
into common area electrical systems and
area by a two-thirds vote under Civil
each application on a case-by-case basis
getting wiring to the parking space. This
Code Section 1363.07, and (2) it permits
and ensure the owners comply with all
work should all be at the expense of the
individual homeowners to unreasonably
of the statutory requirements before,
applying owner. The association might be
occupy common areas (known as a
during and after the installation process.
asked to allow owners with deeded parking
“taking”). How an association will
spaces to switch deeded spaces so the EVC
reconcile these conflicts has yet to be
station may be installed in a parking space
answered. Pending Senate Bill 880 is
adjacent to, or at least closer to, existing
intended to correct these conflicts, but
electrical wiring or outlets.
this corrective legislation is not expected
Given the potentially high cost to
until late in 2012.
install the EVC stations (i.e., boring through concrete to install the electrical), and the unlikelihood of an owner obtaining a $1,000,000 liability policy naming the association as an additional insured, it
What Do Managers and Board Members Need to Know? There is no question that sooner or
could very well be that associations will not
later you will start to receive requests to
see many of these installations completed.
install EVC stations. Accordingly, it might
Time will tell.
be worth taking a proactive approach
Despite SB 209 being signed into
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
and adopting reasonable guidelines as
law, the bill has flaws, including: (1) it
to the permissible location, size, type,
conflicts with existing law regarding the
design, etc. of EVC stations installed
COMMON ASSESSMENT MAGAZINE • SPRING 2012
23
FOCUS Since 1991, Anderson & Kriger has been firmly rooted in the California real estate law landscape with a focus on providing leadership in community association law and construction defect litigation.
About Anderson & Kriger Joel M. Kriger heads the firm’s community association law division of four attorneys with a wealth of experience representing community associations in transactional and litigation matters. The firm’s collections department has enjoyed an unparalleled success rate in the recovery of unpaid assessments at a reasonable price for the past twenty years. Every member of the firm is dedicated to the personal service of its diverse clientele to ensure the maximum satisfaction and protection for their homes and community. The firm’s no nonsense, down-to-earth approach means that varied associations receive the same practical and cost-effective representation, personal and timely to meet each client’s individual needs. The construction defect division of the firm is headed by Clayton M. Anderson, who oversees ten attorneys in offices in San Diego, Orange, and Riverside counties, and in Sacramento. The division has averaged, over the past fifteen years, more than $20 million a year in settlements for condominium and
24
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
CAI-SAN DIEGO PLATINUM MARKETING PLAN MEMBER
single family residence owners who battle with builders and developers.
The Value of CAI Membership Anderson & Kriger has long been an active participant in CAI-San Diego, partnering with managers, homeowners and others to enhance the experience of living in and working for common interest developments. Its attorneys are educators, speakers and committee members. Joel Kriger served as the San Diego Chapter’s President in 1986.
Advice for board members, community managers and industry professionals At Anderson & Kriger, we try never to forget that while common interest developments are businesses, their paramount function is to be a place where people live in relatively quiet harmony amongst neighbors. Board members are volunteers serving the community, ably assisted by professional community managers skilled in addressing the varied needs of common interest developments. Industry professionals, such as lawyers, contractors, and the like, all share the same goals as board members and managers, as well as residents in the community: peaceful resolution of issues for the betterment of all.
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COMMON ASSESSMENT MAGAZINE • SPRING 2012
Equal Housing Lender
25
What Did You Say? The Impact of the Anti-SLAPP Statute on Community Associations
BY RICHARD SALPIETRA, ESQ.
W
HEN A PERSON EXERCISES HIS
sued Mohammed Alam, a sitting board member,
RIGHT OF FREE SPEECH, and that
for defamation based on statements he made
person is sued by another party in
at a homeowners association annual meeting
an attempt to silence that speech, the first party
immediately before the election of directors.
can file what is known as a motion to strike the
Mr. Alam filed an anti-SLAPP motion which was
complaint pursuant to the Anti-Strategic Lawsuit
denied by the trial court. He then appealed the
Against Public Participation (anti-SLAPP) statute.
case.
This motion essentially terminates a lawsuit which
The Court of Appeal held that: 1) a
is filed with the intent to squelch the free speech
homeowners association meeting constitutes
rights of a party.
a “public forum” and Mr. Alam’s statements
In California, an anti-SLAPP motion is filed
that Ms. Cabrera allegedly stole money and
pursuant to Code of Civil Procedure Section
defrauded the association was a matter of
425.16. The statute requires the court to engage
public interest; and 2) Ms. Cabrera produced no
in a two-part test: first, it must decide whether
evidence of malicious intent by Mr. Alam, and
the defendant’s conduct arises from protected
therefore was not able to prove her case.
speech or activity; and second, whether the
Following the two-part test, Mr. Alam proved
plaintiff has stated a probability of prevailing on
that his statements were made in a public forum
his claim. If the court rules that both prongs of
(the association’s elections meeting) regarding
the anti-SLAPP statute are met, the case may be
a matter of public interest (Ms. Cabrera was
dismissed.
considered a limited purpose public figure).
In the context of community association
Next, Ms. Cabrera was not able to prove Mr.
governance, an anti-SLAPP motion can be very
Alam’s statements were defamatory because they
effective in terminating an improper complaint
were true, and a true statement is a complete
filed by a homeowner against the board, or filed
defense to a defamation claim. Therefore, the
by the board against a homeowner, that chills
Court of Appeal ruled in Mr. Alam’s favor and the
First Amendment free speech rights.
case was dismissed.
Cabrera v. Alam
Country Side Villas Homeowners Association v. Ivie
In the July 2011 Court of Appeal case of Cabrera v. Alam (2011) 197 Cal.App.4th 1077, the
In the February 2011 Court of Appeal case of
plaintiff, Veronica Cabrera, the past president of
Country Side Villas Homeowners Association v.
a homeowners’ association board of directors,
Ivie (2011) 193 Cal.App.4th 1110, a homeowner, Continued on page 28
26
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
COMMON ASSESSMENT MAGAZINE • SPRING 2012
27
WARD & HAGEn LLP
WHAT DID YOU SAY? Continued from page 26
Ms. Ivie, criticized the board of directors for its decision regarding the interpretation of the governing documents with respect to whether the association or the members were responsible for maintaining the exterior of the building. In this case, the board sued the homeowner seeking a declaration from the court as to whose responsibility it was to pay for the exterior maintenance of the building. Ms. Ivie filed an anti-SLAPP motion stating that the lawsuit against her was intended to chill
Serving HOA Clients Throughout San Diego County HOA General Counsel Insurance Issues
Construction Disputes Litigation
Mediation/Arbitration Collections
her First Amendment free speech right to criticize the board. The Court of Appeal held that: 1) Ms. Ivie’s criticism of the board’s decision was protected speech; and 2) the board’s
Contact: Kirk Yake 440 Stevens Avenue, Suite 350 Solana Beach, California 92075
858.847.0505
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lawsuit against Ms. Ivie was improper (since it requested the court to declare who had the maintenance obligation of the outside of the building), and therefore, the association did not have a probability of prevailing on its claim. Having met the two prongs of the anti-SLAPP motion test, Ms. Ivie prevailed, and the court dismissed the association’s complaint.
Public Forum A public forum has traditionally been defined as a place that is open to the public where information is freely exchanged. However, in these cases, the Courts of Appeal have held that: 1) a private homeowners association meeting constitutes a “public forum” and the board’s actions are a “matter of public interest” because the decision of a small number of people (the board) impacts a large number of people (the members); and 2) when a homeowner criticizes the actions of the board, or a board member makes statements about a homeowner, these too are considered “matters of public interest.” These holdings open up a broad range of rights and responsibilities with which homeowners and board members must now contend. 28
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
Protected Activity
C e l e b r at i n g O u r 3 7 t h Y e a r
It is a significant leap forward for the courts to determine that conversations and statements made during private association board meetings, or made by a
We know the
homeowner complaining about the board,
difference
can now be considered statements that concern “matters of public interest.” This
between getting
belies a long history of legal decisions that homeowners association meetings are
the job done
private meetings. These cases also broaden the scope
and getting it
of speech permitted by homeowners and board members if statements are made
done right.
in what is now considered a public forum (a homeowners association meeting). In
Full Service Community Management
addition, these cases hold that lawsuits filed against homeowners or board members can be quickly dismissed by the filing of an anti-SLAPP motion if: 1) the comments made by the defendant are
800-227-6225
protected speech and made in a public forum; and 2) the plaintiff is unable to prove his case. The courts can also award the
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
ssl_CAI_0210:Layout 1
1/19/10 10:23 AM Page 1 www.waltersmanagement.com
winner of the anti-SLAPP motion all of his attorneys’ fees.
Conclusion
Improving more than just your property.
As a result, board members and homeowners should be cautious not to file lawsuits against each other over protected speech without the ability to prove their claim; otherwise, their complaint may be quickly dismissed by the filing of an anti-SLAPP motion, and they may be responsible for paying all of the other side’s
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COMMON ASSESSMENT MAGAZINE • SPRING 2012
Lic No. 456160
29
NewsStand News from CAI National
What YOU Need to Know
FHA Reignites Transfer Fee Battle
The LaTesT NeWs—aLL iN ONe PLace
(FHA) has announced its plans to disqualify
association which typically requires a two-
condominium associations from FHA
thirds majority of all property owners to
financing if the association charges a deed-
change. FHFA sought input from the public
based transfer fee at time of sale. This
at large and received more than 4,000
would put FHA at odds with the Federal
comments on their proposal. Based on the
Housing Finance Agency (FHFA), which
information received, FHFA revised their
earlier this year determined that such fees
regulation to allow community association
benefit community associations and do not
levied fees.
FHA Financing Transfer Fees
The Federal Housing Administration
challenge is that such fees are incorporated into the deed restrictions of the community
FHA has indicated that they will issue
Mortgage Insurance
impact the sale of community association
QRM Regulations
properties. It marks yet another unilateral
a Mortgagee Letter later this year which
action by FHA, without public notice or
would disqualify condominium associations
input that will have a detrimental effect
from FHA backed mortgages if they had
on the condominium market. Worse,
a deed-based transfer fee in place. Unlike
FHA conducted no formal release of this
FHFA, FHA does not intend to solicit public
pending requirement, but rather mentioned
input on this proposal nor do they find the
it as part of a training session on the new
information gathered by the FHFA on the
requirements imposed by FHA in its June
same topic to be relevant to their decision.
30 Mortgagee Letter.
Unfortunately, this is business as usual for
And More … caimortgagematters.org
Our members may recall the fierce, and
30
or a multiple of monthly assessments. The
FHA which continues to issue requirements
successful, battle waged by CAI against
for its condominium mortgage insurance
FHFA on community association transfer
program without the benefit of input from
fees earlier this year. In late 2010, FHFA
the public at large. For those who have
proposed a draft regulation which would
worked to get FHA approval, this has
have cut off all federally backed mortgages
resulted in FHA requirements that have
to community associations with deed-based
proven confusing and problematic for
transfer fees. A CAI national survey found
associations. In a statement submitted to
that forty-nine percent of all community
the House Financial Services Committee
associations have a deed-based transfer
on an FHA hearing, CAI noted that FHA’s
fee. These community transfer fees are
lack of stakeholder input “has resulted
levied at the time of sale to fund reserves,
in underwriting criteria for condominium
capital projects or operations. The fees are
associations that do not comport with
typically less than $500 and are calculated
common association business operations,
as a percentage of sale price, a fixed fee
state law or common sense.”
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
In August, CAI members from key state
potential community association residents.
legislative action committees met with
You can follow our work and share your
members of the House Financial Services
thoughts at www.caimortgagematters.org.
Committee to let them know the problems
CAI will continue to monitor and participate
FHA is creating in the condominium
in shaping the development of the FHA’s
marketplace by setting qualification
condominium underwriting guidelines to
criteria for condominium associations that
ensure that the perspective of community
conflict with association operations, state
associations is heard.
law or simply do not make rational sense. CAI continues to expand our grassroots efforts to force FHA to engage in a more transparent process in developing criteria for condominium mortgages. As FHA currently accounts for one in three condominium loans, getting the rules right is key to restoring confidence to the marketplace. Despite our progress on a variety of mortgage issues, FHA continues to be a needless source of confusion and frustration for condominium associations. As part of our ongoing Mortgage Matters program, CAI is working to protect homeowners in community associations
If you have any questions about the FHA’s underwriting criteria and how it could affect your community, e-mail government@caionline.org with FHA Mortgage Insurance Requirements in the subject line.
and to ensure access to fair and affordable mortgage products for all current and
Thomas Mitchell Cheek VP, Business Development tcheek@pwbonline.com 760 432 1380 office 760 550 2030 cell
COMMON ASSESSMENT MAGAZINE • SPRING 2012
31
Property Management Banking Division Seacoast Commerce Bank offers a full range of comprehensive banking and financial services for Homeowner Associations and property management companies.
Great Customer Service
solutions • Depository Services • Cash Management • Remote Deposit Capture • Lockbox Services • ACH Origination • HOA Financing • Online Dues Program
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Ken Carteron
The Only Choice for Your Protection
$2,000,000 Liability Insurance
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Senior Vice President Property Management Banking Division 760-803-9541 Mobile 760-301-0046 Fax kcarteron@sccombank.com 700 La Terraza Blvd, Suite 110 Escondido, CA 92025
allison disarro Assistant Vice President Property Management Banking Division
Real Estate Inspections
Toll Free 877.277.3970 858.277.2228 fax 858.277.2212 www.paynepestmgmt.com SA n Di e go • Lo S A ng e Le S • o RA ng e CoU nT Y
32
Seacoast Commerce Bank provides our Property Management and Homeowner Association clients the ability to maximize their use of bank services. We understand the unique Banking needs of our Property Management and Association clients, providing industry specific products and customer service that you have grown to expect and deserve.
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
619-409-5727 Office 619-988-6708 Mobile 619-476-7770 Fax adisarro@sccombank.com 678 Third Avenue, Suite 101 Chula Vista, CA 91910
Thank You to Our Exhibitors Accurate Termite Pest Control Anderson & Kriger LLP Animal Pest Management Arborwell
DIAMOND SPONSORS Anderson & Kriger, LLP Peters & Freedman, LLP EMERALD SPONSORS Bald Eagle Security Clean Earth Restorations Emercon Construction Landsystems, Inc. RSI Roofing Services, Inc. Westturf Landscape
Artistic Maintenance Association Reserves San Diego LLC AV Builder Corp.
SAPPHIRE SPONSORS Frazee Paints
Bald Eagle Security Services Bob Piva Roofing Christian Brothers Cleaning & Restoration Clean Earth Restorations Easyturf, Inc. Emercon Construction Epsten Grinnell & Howell Farmers Insurance Fenceworks, Inc. Fenton Grant Mayfield Kaneda Litt Gerard Roofing Products Green Valley Landscape & Maintenance, Inc. JW Cleaning & Restoration LaBahn's Landscaping Landsystems Michael Abdou Insurance Agency, Inc. Mt. Helix Pest & Termite Control, Inc. Mutual of Omaha Bank/Condo Certs Nautilus General Contractors New Way Landscape & Tree Services Nu Flow America O'Connell Landscape Maintenance Pacific Western Bank Payne Pest Management Peters & Freedman LLP PrimeCo Painting, Inc. Restoration Management Company Roy Palacios Insurance Agency, Inc. RSI Roofing Services, Inc. SBS Lien Services Servpro of La Jolla Steven Smith Landscape Summit Security TruGreen Landcare US Bank Western Towing Westturf Landscape
AWARD WINNERS Community Association of the Year Collwood Park HOA
Committee Member of the Year Bruce Rosenblatt
Community Manager of the Year Leonard O'Reilly, CMCA, AMS
Samuel L. Dolnick Lifetime Achievement Award Marie Donovan
Business Partner of the Year Servpro Industries
President's Award Marie Donovan
COMMON ASSESSMENT MAGAZINE â&#x20AC;˘ SPRING 2012
33
When is Exclusive Use Common Area Not So Exclusive? BY JONATHAN D. MASSIE, ESQ.
A RECENT COURT OF APPEALS DECISION
Appeal’s primary focus was on determining
evaluated a board’s decision to deny repairs
whether the lower court was correct in finding
related to a leaky sewer pipe. In Dover Village
that the sewer pipe was common area and
Assn. v. Jennison (2010) 191 Cal.App.4th 123, the
the responsibility of Dover Village to repair. In
plaintiff had a leaky sewer pipe located two feet
reviewing this matter, the court looked to the
beneath the concrete slab underlying his unit.
Davis-Stirling Act and the language of the CC&Rs
The association said he was responsible for the repair bill on the theory that the
as guidance. In examining the Davis-Stirling Act, the Court noted that pursuant to the general structure of this statute, the homeowners association is responsible
sewer pipe was
for the common area and the individual owner is
“exclusive use
responsible for exclusive use common area. The
common area”
court then examined Civil Code Section 1364 of
for which he was responsible. The trial court disagreed
the Davis-Stirling Act which defines “exclusive use common areas [as]… a portion of the common areas designated by the declaration for the
and entered
exclusive use of one or more, but fewer than all,
a judgment
of the owners of the separate interests and which
declaring
is or will be appurtenant to the separate interest
that the
or interests.” Of particular interest, the court
association
identified the following language that assists in
should bear the expense of the repair
defining an element as exclusive use: “(1) Unless the declaration otherwise provides, any shutters, awnings, window boxes,
and awarded
doorsteps, stoops, porches, balconies, patio,
Jennison about
exterior doors, doorframes, and hardware incident
$17,000 in
thereto, screens and windows or other fixtures
attorney fees
designed to serve a single separate interest, but
and costs. The
allocated outside the boundaries of the separate
association then
interest, are exclusive use common areas allocated
appealed.
exclusively to that separate interest.” [Emphasis
The Court of
added.) Continued on page 36
34
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
COMMON ASSESSMENT MAGAZINE • WINTER 2011
35
WHEN IS EXCLUSIVE USE NOT SO EXCLUSIVE? Continued from page 34
In evaluating whether sewer pipes are considered exclusive use as set forth in Section 1364, the court noted that the Latin phrase, ejusdem generis controls. Under the cannon of ejusdem generis, the Court determines whether a given thing comes within a more general category by comparing it with things specifically mentioned in the category. The court found that sewer pipes were not part of the items listed in Civil Code Section 1364 that could be considered exclusive use common area. The Court noted that considering a sewer pipe to be similar to those items listed in Section 1364 that serve a single separate interest did not fit this test since the pipe is literally physically connected to every other piece of the system. “Every unit’s sewer pipes are a “fixture´ of every other unit’s sewer pipes.” The Court then reviewed the content of the CC&Rs. The court noted that the definition of exclusive use common area did not include sewer pipes. Under the rule of
Providing Community Associations with Insurance Solutions BERG INSURANCE AGENCY, INC.
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expressio unius est exclusio alterius—say one thing and impliedly exclude the other— the most natural reading of the CC&Rs is that sewer lines are not “exclusive use common areas appurtenant.” By expressly saying patio and garage areas come within the category, the CC&Rs impliedly say that sewer lines do not. (Cf. People v. Palacios (2007) 41 Cal.4th 720, 732 [as applied to statutory construction, expressio unius maxim means that "if exemptions are specified in a statute, we may not imply additional exemptions unless there is a clear legislative intent to the contrary"]. Finally, the Court reviewed the board’s conclusion that a portion of sewer line was exclusive use common area is a matter committed to the board’s discretion to which courts should accord it deference. The association argued that the rule of judicial deference, as first articulated in Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th
36
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
249 controls and the Court should give deference to the finding of the board. The Court rejected the associationâ&#x20AC;&#x2122;s attempt to utilize judicial deference as a shield to protect its decision noting that the argument fails because it confuses a legal issue governed by statutory and contract text with matters that genuinely do lend themselves to board discretion. The Court noted that there is an obvious difference between a legal issue over who has the responsibility for a sewer line and the decision on how a board goes about making a repair that is within its responsibility. The latter is subject to the rule of judicial deference and the former is not. There are two important lessons to be learned from this case. First and foremost, the rule of judicial deference does not protect all board decisions and only applies
619-595-3166
www.fentongrant.com
to decisions regarding maintenance of items within the responsibility of the board. The Courts are tending to limit the application of this judicial rule and not expand its application. Second, if the CC&Rs do not list sewer lines as exclusive use common area or the specific maintenance obligation of
CAI-SAN DIEGO'S FAMILY NIGHT AT THE
the owner, be very careful in attempting to compel an owner to maintain the lines. Let the clear language of the documents guide the board decision, not what can be inferred by implication.
Jonathan D. Massie has been practicing law since 1989 and has specialized in the representation of Common Interest Developments. He is a partner in the law firm of Massie Berman, APC.
JUNE 23, 2012 COMMON ASSESSMENT MAGAZINE â&#x20AC;˘ SPRING 2012
37
California Legislative Action Committee: Where Does It All Fit In? by Kimberly Lilley, CMCA, CIRMS
E
ach year, legislators in Sacramento introduce dozens of bills that have a direct impact on community association
residents and the professionals that serve them. As you can imagine, most of these legislative proposals would ultimately have a negative impact on associations. While most people know that CAI is actively engaged in protecting the interests of community associations in Sacramento, few realize the incredible effort CAI volunteer advocates take to protect our communities, management companies and businesses. CAI advocates for our members through state-based Legislative Action Committees (LACs), and in California the LAC is officially called the CAI California Legislative Action Committee, or CLAC. It is one of 33 statebased LACs that advocate for community associations in states across the country. But who serves on a LAC? What principles guide their work and how does the CLAC work with CAI’s eight California chapters? In a state (like California) where CAI has multiple chapters, it is important that we speak with one voice to legislators. For this reason, CAI National has established Legislative Action Committees to serve as the coordinating body for CAI’s legislative, regulatory and legal advocacy in a state. Each LAC is made up of CAI members from within the state: in California each of the eight chapters nominates two delegates to serve on CLAC. CLAC also has the ability to nominate “at-large” delegates that do
38
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
not represent a specific chapter, but serve
vital role in the support of CAI’s advocacy
legislation, so when the delegates vote at a
as at-large (statewide) members. Each
efforts. Local chapters have the option to
statewide CLAC meeting on what position
LAC strives to have a balance of members
create local legislative support committees.
to take on certain bills, the delegates can
representing each of the membership
These committees can help with chapter
accurately reflect the desires of the chapter
types of CAI: Community Association
fundraising to support the statewide
that they represent.
Volunteer Leaders, Community Managers
legislative activity, they can actively discuss
and Business Partners. All the nominees
potential legislation and how it affects their
support committees through the state-
to the LAC are reviewed and approved
chapter and they can help to keep their
wide CLAC all the way to the Government
by the Board President of CAI’s national
chapter informed of the activities of the
& Public Affairs Committee at the
organization.
state-wide entity. California’s Legislative
CAI_National level, the goal is the same:
Action Committee has chosen to appoint
to research pending bills that may affect
in their legislative efforts by CAI’s public
a liaison for each chapter to provide
community associations and to educate
policies. The public policies are member-
continuity in communication between the
both the legislators and our membership
developed statements on CAI’s views on
state-wide LAC and the local chapters. You
about these bills and the best way to handle
issues critical to community associations.
may see your chapter’s liaison presenting
them. Together, we are more than we could
The public policies provide a broad outline
a “CLAC Moment” at a monthly luncheon,
ever be alone.
for CAI’s positions on key issues like
and that liaison may be attending your
assessment collection, homeowner rights,
chapter’s board meetings to keep the board
environmental issues and other critical
apprised of the state-wide CLAC’s current
topics.
activities. The liaisons may also help to
CLAC and other state LACs are guided
Aside from nominating delegates to serve on CLAC, local CAI chapters play a
ensure that the chapter’s delegates are kept
From the local chapter legislative
Kimberly Lilley, CMCA, CIRMS is Director of Marketing for Berg Insurance Agency and the PR Chair for the California Legislative Action Committee.
informed of their local chapter’s feelings on
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Service Directory Display advertisers receive a complimentary listing in the Service Directory.
ATTORNEYS CONT'D
FENCING/GATES
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
Fenceworks Tom Barrett................................ 760-724-8131 fax 760-724-8483 tbarrett@fenceworks.us www.fenceworks.us Please see our ad on page 8
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 28
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
ARBITRATION & MEDIATION
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 25
Mediation Solutions Mary Delmege........................... 760-504-7977 fax 760-745-6131 mfdelmege@cox.net www.marydelmege.com Please see our ad on page 39
Curtis Management Company Patrick S. Campbell, CCAM....... 877-587-9844 fax 858-587-9972 pcampbell@curtismanagement.com www.curtismanagement.com Please see our ad on page 13
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 9 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 5 Fenton Grant Mayfield Kaneda & Litt, LLP Katy Krupp................................. 949-554-0700 fax 949-554-0707 kkrupp@fentongrant.com www.fentongrant.com Please see our ad on page 37 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 11 Peters & Freedman, LLP David M. Peters, Esq. .............. 760-436-3441 fax 760-436-3442 www.hoalaw.com Please see our ad on page 17 40
COMMUNITY ASSOCIATION MANAGEMENT
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 39 Walters Management Joe Farinelli, PCAM.................. 858-495-0900 fax 858-495-0909 jfarinelli@waltersmanagement.com www.waltersmanagement.com Please see our ad on page 29
CONSULTING Curtis Management Company Patrick S. Campbell, CCAM....... 877-587-9844 fax 858-587-9972 pcampbell@curtismanagement.com www.curtismanagement.com Please see our ad on page 13
CONSTRUCTION MANAGEMENT Sullivan Construction Management Pat Sullivan................................. 619-722-7580 fax 866-306-6804 pat@patsullivancm.com Please see our ad on page 32
SPRING 2012 â&#x20AC;˘ COMMON ASSESSMENT MAGAZINE
FINANCIAL SERVICES Curtis Management Company Patrick S. Campbell, CCAM....... 877-587-9844 fax 858-587-9972 pcampbell@curtismanagement.com www.curtismanagement.com Please see our ad on page 13 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 14 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 25 Pacific Western Bank Tom Cheek................................. 760-432-1335 fax 760-432-1339 tcheek@pwbonline.com www.pwbonline.com Please see our ad on page 31 Popular Association Banking Larry Hooper.............................. 714-864-5171 fax 714-864-5190 lhooper@bpop.com www.bpop.com Please see our ad on page 19 Seacoast Commerce Bank Ken Carteron............................. 760-803-9541 fax 760-301-0046 kcarteron@sccombank.com www.sccombank.com Please see our ad on page 32 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 10
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 36
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 11 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 29 TVRI Mimi Cortes............................... 760-696-0687 mimi@tvri.com www.tvri.com Please see our ad on page 23
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 28
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 Payne Pest Management Jason Payne............................... 858-277-2228 fax 858-277-2212 jpayne@paynepestmgmt.com www.paynepestmgmt.com Please see our ad on page 32
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 21
ROOFING Premier Roofing Bill Capito.................................. 619-667-4565 fax 619-667-1281 billc@premierroofingca.com www.premierroofingca.com Please see our ad on page 21
CAI JobMarket
SECURITY SERVICES Bald Eagle Security Dmitriy Todorov......................... 619-230-0022 fax 619-230-6610 dmitriyt@baldeaglesecurity.com www.baldeaglesecurity.com Please see our ad on page 14 Universal Protection Services Kim Davis................................... 858-874-4493 fax 858-874-4481 kdavis@universalpro.com www.universalpro.com Please see our ad on the Back Cover
TOWING Western Towing Kathy Tighe................................ 619-297-8697 fax 619-296-2822 denisetb@westerntowing.com www.westerntowing.com Please see our ad on page 30
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 24
The Right Match The Right Job
Whether you’re in the community association business or trying to break into this growing and dynamic industry, CAI Job Market is your best way to get noticed and hired by management companies, associations and other industry service providers. You can post your resume and profile online, search and apply for jobs nationwide, and set up job alerts for opportunities that match your requirements—all at no cost.
The Right Employee
CAI Job Market offers targeted hiring solutions exclusively for the community association industry, saving you time and money in your search for professionals who understand your business. Review hundreds of candidate profiles with the expertise and credentials you need, and only pay to view the full resumes of those who best fit the job. Or post your open positions at a cost that’s far lower than other jobsearch websites or search consultants. You can also highlight your positions with preferred postings and purchase multiple postings at a discounted rate.
Sonnenberg & Company Leonard Sonnenberg................ 858-457-5252 fax 858-457-2211 lens@sonnenbergcpas.com www.sonnenbergcpas.com Please see our ad on page 36
www.caionline.org/jobmarket
COMMON ASSESSMENT MAGAZINE • SPRING 2012
41
around san diego STORK VISIT Congratulations to the chapter’s own April Baldwin and Tim Loiodice on the birth of their daughter Mia Frances Loiodice. Baby Mia was born on January 20, 2012, weighed 5 lbs., 2 oz and was 18 1/2 inches long. Welcome baby Mia!
NEW EMPLOYEES Brett Musgrove, President and CEO of PrimeCo Painting and Construction is pleased to announce the addition of two new members to his sales team. Melissa Scordel will serve PrimeCo’s clients in San Diego, focusing her attention on community management firms along the coast. Jeff Franklin will cover the territory along the San Diego’s Highway 15 corridor, up to and including the Temecula and Murrieta areas.
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. Anderson & Kriger
CAI ANNUAL CONFERENCE & EXPOSITION Caesars Palace Las Vegas | May 2–5, 2012
What drives you?
WHAT GUIDES YOUR CAREER? What are the signs of su
ccess?
Explore these questions and more at the CAI Annual Conference and Exposition. Each year, the largest international community association event provides new, up-to-the-minute information and resources to keep you moving forward. Register online at www.caionline.org/ conference or call (888) 224-4321 (M–F, 9–6:30 ET). 42
SPRING 2012 • COMMON ASSESSMENT MAGAZINE
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COMMON ASSESSMENT MAGAZINE • SPRING 2012
43
Let us worry about keeping your neighborhood safe, so you don’t have to.
For more information contact Kim Davis 858-518-7871 kdavis@universalpro.com www.universalpro.com
• • • • • • • • • •
Dedicated community security patrol service Nightly patrol drive-through service Security consulting services Liability and emergency preparedness specialists After hour and weekend supervision and support Special neighborhood watch programs Articles for resident newsletters Discounted alarm installation and monitoring Web-based neighborhood incident tracking system Representatives to attend monthly HOA meetings and handle any security related matters