Common Assessment Spring 2013

Common SPRING 2013

The professional provider of education, advocacy and resources for Community Associations

From the Front Lines: A s s o c i at i o n W a r S t o r i e s SENIOR HOUSING COMMUNITIES: A World of Their Own page 10 Help! There’s a HOARDER IN MY COMMUNITY page 18 COME AND CREATE YOUR LEGACY at the 2013 page COM M O NAnnual A S S E S S Conference MENT MAGAZ I N E 30 | SPRING

2013

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oArd! You’re

Welcome Ab

invited to flY

With us!

Ladies and Gentlemen, this is your Captain.

We hope you have received your “Ticket” invitation to the Chapter Party on April 18, 2013.

You must log on to www.2013ChapterParty.org to register and reserve your first class seat. Enjoy your flight with CAI San Diego!!

For more information please call the chapter office at 619.299.1376

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Features

Departments

6

Surviving & Overcoming the 2003 Cedar Fire

4

President’s Message

BY JEFFREY A. FRENCH, ESQ.

BY MARIE DONOVAN

10 Senior Housing Communities: A World of Their Own

24

Homeowners Corner – Au Revoir

BY SAM DOLNICK.

25

New and Renewing Members

14

BY JODI A. KONORTI, ESQ.

Help! There’s a Hoarder in my Community

BY JOHN FARIZELL.

18

Is It the Year of the Backyard Chicken?

BY LAURIE S. POOLE, ESQ..

30

Come and Create Your Legacy at the 2013 Annual Conference

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28

40

NewsStand Focus on Platinum Marketing Plan Member CommerceWest Bank CLAC Donations Honor Roll Update

BY SAM DOLNICK

BY YVETTE HUFFMAN

32 CAI Celebrates a Milestone Anniversary

36

It’s a Big One!

BY LEE CROWELL

Find us on Facebook!

Chapter News 22

Annual Awards Luncheon Highlights

34

Billiards Social Highlights

35

October Trade Show Exhibitors

41

November Morning Program Speakers & Sponsors

42

Advertiser Service Directory

Don’t forget to “like” CAI San Diego!

Connect with us on LinkedIn: Search “Groups”: CAI San Diego

Get the latest from CAI San Diego on Twitter! @CAISanDiego COMMON ASSESSMENT MAGAZINE

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Common

President’s Message Welcome to Community Associations Institute – San Diego

EXECUTIVE COMMITTEE MARIE DONOVAN................................................ PRESIDENT Homeowner JASON PAYNE............................................ PRESIDENT ELECT Payne Pest Management SHANNON SMITH.........................................VICE PRESIDENT Reconstruction Experts BRUCE ROSENBLATT........................................... TREASURER Manager

The new year is an ideal time to pause and reflect.

As the San Diego Chapter of the Community Association Institute: Who are we? What do we do? What are our challenges? What are our priorities?

Community as defined by Webster’s dictionary is “A unified body of individuals: as the people with common interests living in a particular area”.

Our San Diego membership is comprised of Community Associations, Homeowners, Community

Marie Donovan has been involved with the CAI San Diego Chapter as a homeowner volunteer since 2001 serving on the Educational Services Committee and is the 2013 Chapter President.

Association Management Companies, Individual Managers and Business Partners. Through committees, the work of dedicated volunteer members within each of these groups and the sponsorship provided by Business Partners, make it possible for the chapter to provide the wide range of resources and educational opportunities

necessary for all members of our community to accomplish their individual goals successfully. Their efforts are responsible for the continued growth and success of our chapter.

This year, the San Diego Chapter is hosting the 2013 CAI National Conference April 17-20. In conjunction with the Conference, we have a fantastic Chapter Party planned for April 18, 2013. We are actively looking for sponsors for this great event. If you are interested in sponsoring this high profile event call the chapter office at 619-299-1376.

Since military facilities and families surround the San Diego area, the chapter has elected to donate a portion of the proceeds from the chapter party to the San Diego Armed Services YMCA. This non-profit organization provides comprehensive, ongoing services to military service members and their families through over 40 programs within four different departments (visit www.militaryymca.org for more information).

Our priorities are the continued growth and success of our chapter, increasing educational options for our community managers and promoting a positive image about community associations. Our goals are to increase all membership levels, program attendance, volunteer opportunities and communication between committees and throughout the chapter.

As a member (business partner, volunteer or community manager), get involved.

Join a committee. Pick a goal and decide how you will know you achieved it. Now run with it!

As your incoming President, I am truly honored and humbled to be working with all of you to accomplish our objectives.

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ELAINE GOWER.................................................... SECRETARY Homeowner LOUISE STETTLER................................................ EX-OFFICIO Epsten Grinnell & Howell, APC DIRECTORS KERRY BEATTY, PCAM........................................................Manager CO-LEE GREV, PCAM.....................................................Manager RICK SALPIETRA, ESQ................. Law Offices of Richard Salpietra

CHAPTER EXECUTIVE DIRECTOR BARBARA OZENBAUGH, CMP, CAE 619-299-1376 MANAGING EDITOR AND NEW & RENEWING ADVERTISING SALES BARBARA OZENBAUGH, CMP, CAE 619-299-1376, barbara@cai-sd.org DESIGN & PRODUCTION KRISTINE GAITAN REY ADVERTISING & DESIGN / THE CREATIVE DEPT. 760-746-8700 MAGAZINE EDITORIAL COMMITTEE Laurie S. Poole, Esq. (CHAIR)............... Peters & Freedman, LLP Lauri Croce, Esq. .................................. Anderson & Kriger, APC Sam Dolnick............................................................... Homeowner Jeff French, Esq.............................. Green, Bryant & French, LLP Yvette Huffman...................................... DC Property Management Brian Kalmenson, CCAM...........Michael Abdou Insurance Agency Jodi Konorti, Esq. ........................ Epsten, Grinnell & Howell, APC Cyndi Koester, PCAM.................................... CommerceWest Bank Jeff Morin................................Global Disposal Reduction Services Nate Rangel................................................................... AMS Paving Jean-Marie Salvia, CCAM, PCAM................ Walters Management Lucas Sisneros.......................................NNJ, An Associa Company 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.” © 2013 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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On the evening of October 25, 2003, a lost hunter signaling for help started the largest wildfire in California’s history.

Driven by strong Santa Ana winds, the Cedar Fire burned approximately 280,278 acres, 2,820 buildings (including 2,232 homes), and killed 15 people before being contained on November 3, 2003.

Surviving & Overcoming the 2003

CEDAR FIRE

BY JEFFREY A. FRENCH, ESQ.

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The Cedar Fire, ignited in the Cleveland National Forest, burned a 30 mile path of destruction right into the San Diego community of Scripps Ranch where the Whispering Ridge subdivision is located.

Located about 12 miles inland from La Jolla, right next to Marine Corps Air Station Miramar, Whispering Ridge was an expansive neighborhood of 315 single-family homes, strewn with eucalyptus trees and surrounded by gentle hills and canyons.

The community was developed and constructed in the early 1980’s by Warmington. Originally, the community was intended to consist entirely of custom homes on oversized lots. However, the final build-out included both custom lots and tract homes.

On Sunday October 26, 2003, the community was rudely awakened by the smell of smoke coming from the east. Within hours, the fast moving Cedar Fire was bearing down on southern Scripps Ranch and the Whispering Ridge community. In no time, the flames boiled over the surrounding ridges and canyons and swept into Whispering Ridge. The residents of Whispering Ridge quickly evacuated out of the community to areas thought to be out of harm’s way, however, many had to re-evacuate because of the growing size of the fast moving wildfire. Most residents escaped with only very limited personal possessions, photos and important papers.

In the aftermath, of all the Scripps Ranch communities affected by the fire, Whispering Ridge had lost the most homes. Of the 315 homes in the community, 170 homes were completely lost. Additionally, many homes that survived the fire sustained significant smoke damage as well as fire damage to out-structures and surrounding improvements. In addition to the damage to homes, Whispering Ridge lost more than 1000 mature trees, its common area recreation center, swimming pool, and two tennis courts. Further, there was damage to most of the common area landscaping that was located throughout the development and for which the association was responsible to maintain and repair.

Soon after the fire was contained, the association’s focus shifted to the rebuild process.

It was anticipated at the outset that many owners would want to rebuild larger homes and bring a more custom feel to the development. The initial consideration was on the governing documents and what they contained in the way of architectural control. Both the architectural guidelines (“Guidelines”) and CC&Rs dated back to the original development of the Continued on page 8

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and participate in the review process as a volunteer.

In an effort to save time and money, the Committee asked that preliminary conceptual plans be submitted to the Committee, which would plot the location of the home relative to the lot boundaries and show all four elevations with indications of finish colors and materials. The intent was that if there was no objection to these preliminary plans at this stage of the process, the owner could then proceed to commission plans and specifications with some level of confidence that they would ultimately be approved. Of course, these plans and specifications would also be subject to further review and approval of the Committee along the way. Owners

The Committee mandated that wood roofs be replaced with concrete tile roofs, which have the look of wood but are much more fire resistant.

THE CEDAR FIRE Continued from page 7

community, which was circa 1980. However, because it was always anticipated that the community would have a “custom home” component, the board and the architectural committee (“Committee”) believed, for the most part, that the Guidelines and CC&Rs contained sufficient guidance to conduct the large scale architectural review and rebuilding process that was about to be undertaken by many of the owners. This was especially true with the Guidelines, as they specifically anticipated the processing of applications for custom homes.

Within days of the fire, the Committee sent out an informative letter to all owners reminding them about the restrictions and criteria contained in the governing documents, and the need to have the rebuilding plans approved through the architectural review process before construction commenced. Though the letter was intended to remind people about the architectural review process contained in the governing documents, the letter was also very conciliatory and sympathetic to the fact that many of these owners had just lost everything and were about to embark on a very challenging and emotional process of rebuilding. The letter also encouraged owners to help the Committee

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were also required to get adjacent owners to review their plans before final approval would be granted by the Committee.

Finally, owners were told that once they had the written approval of the association to proceed with construction, at the end of the building process they would need to file a “Notice of Completion” and undergo a final inspection to confirm that what was ultimately built conformed to what was approved. This process offered a check and balance on all owner construction and provided a final opportunity to deal with any unapproved deviations or additions.

While owners were purposefully given some latitude in determining various aspects of the replacement homes, there were some issues on which the Committee would not budge. The Committee mandated that wood roofs be replaced with concrete tile roofs, which have the look of wood but are much more fire resistant.

Also, owners were mandated to replace wood fences with vinyl or block. Both wood fences and roofs had been major issues during the fire. The wood fences had permitted the fire to travel from house to house, much like an electrical grid. The wood roofs had made the homes much more susceptible to fire from embers that were carried by the winds. Both of these critical issues were addressed by the Committee as part of the rebuild process,

resulting in a safer community going

incredible mental and physical toll upon

homes. The association also effectively

forward.

this community of 315 homes. Because of

drew from expertise within the community

the efforts of the board and Committee

and reached out to management and other

was another integral part of the rebuild

in overseeing the reconstruction process,

professionals when unique circumstances

process. The City had set up an expedited

Whispering Ridge is one of the more

were encountered along the way.

process for owners to obtain the necessary

desirable communities in the area and

approvals and permits for construction.

property values have remained strong.

Coordination with the City of San Diego

Also, the City was aware of the need for

While this exercise in rebuilding the

In sum, the association succeeded in assembling a team capable of overseeing and facilitating this massive reconstruction

owners to have the association’s approval

community is (hopefully) a one-time

effort, while at the same time ensuring the

before submitting for City approval. Both

process, much was learned by those that

reconstruction would result in a better and

the City and the association worked

participated. At the center of the process

stronger community after such a horrific

together to make sure that the required

was working with the owners to facilitate

event. To visit the community today and

approvals were being obtained before the

an orderly rebuild, consistent with the

view the rebuild effort one can only think –

start of any construction. Again, the goal

governing documents and parameters

mission accomplished!

of both the City and the association was to

established by the Board and Committee

ensure compliance, but at the same time

while being sensitive to what these

not to delay the reconstruction efforts of

rebuilding owners had just been through.

owners with burdensome and inconsistent

Further, since the fire was indiscriminant in

review protocols.

which homes it destroyed or damaged and

In addition to overseeing the rebuilding

Jeffrey A. French, Esq. is a partner with Green Bryant & French, L.L.P., a law firm that focuses on homeowner association law with offices in San Diego and Palm Desert.

which it left unaffected, the Board skillfully

of the destroyed and damaged homes, the

balanced the massive rebuilding effort of

association was concerned with rebuilding

the 170 homes destroyed by the fire with

portions of the common area that had

the quiet enjoyment of the remaining 145

been destroyed, including the community’s entire recreational facility. This involved board negotiations with the association’s insurance company, and selecting and contracting with a qualified builder.

Some of these tasks presented uncharted waters for the board, but working with management and other professionals, the board was able to navigate its way through these issues and make informed decisions. As with the individual homes, the association had the opportunity to make positive changes to improve upon what had previously existed. Building a consensus on such a topic is never easy within a large community, but the board balanced the competing interests as best as possible and eventually arrived at a design and plan for construction. In the end, the new recreational facility is more aesthetically

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the Cedar Fire that inflicted such an COMMON ASSESSMENT MAGAZINE

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Retirement is on the horizon – the thought of frequent rounds of golf, leisurely morning coffee and croissants and couples card games no longer seems like a fantasy, but is almost a reality!

Senior Housing Communities

A WORLD OF

THEIR OWN

BY JODI A. KONORTI, ESQ.

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For many baby boomers, the idea of selling the empty nest and relocating to a 55+ age-restricted senior community to reside with people on the no longer fictional, almost always alluring retirement path is here.

What does this mean in theory? It means a large portion of California’s baby boomers are moving, or considering moving, into 55+ senior communities to share a dream with their counterparts. What does this mean in reality? Well, for some owners it means pure bliss and relaxation, for others it means becoming a self-proclaimed violation enforcer, and still for other owners, perhaps, it means isolation. For managers, however, senior communities can present an entirely unique set of enforcement and lifestyle circumstances generally not present in allage communities.

As any manager who manages a 55+ senior community knows, senior communities can be somewhat of a different breed of community association. In addition to the normal everyday governance and enforcement issues, managers of senior communities can be faced with a more “hands-on” and involved population of owners.

Disputes and Violations: Senior communities tend to have an upsurge in neighbor to neighbor disputes. Generally, an association does not have a legal obligation to get involved in such disputes, but to the extent a governing document violation exists, the association has an obligation to enforce its governing documents against a violating owner(s). Why the increase in neighbor to neighbor disputes? It is likely an inevitable societal result of housing a community of retirees together who all have an elevated interest in the community’s daily matters and protection of their retirement home. In addition to an increase in neighbor to neighbor disputes, in our practice we have seen an increase in selfpolicing where groups dubbed the “Dawn Patrol” make early morning inspections looking for deviations and violations to report (or sometimes take into their own hands). Of course, for any reported violation, the association should take reasonable steps to investigate whether an alleged violation in fact exists and address it as the board of directors deems appropriate.

Continued on page 12

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SENIOR HOUSING COMMUNITIES

California mobilehome communities, which

injunctive relief for breach of CC&Rs

Continued from page 10

have more freedom in deciding which

for senior housing and other violations,

Elder Abuse: Senior communities can

non-55 year old residents are permitted

abatement of private nuisance and for

also bring with them a disheartening fact

to remain in the community.) In many

damages. The association obtained a

of life, which is the mental and physical

instances, the qualified underage resident

default judgment against the defendants

health issues associated with aging

is legitimately residing with the senior

ordering all of the unqualified residents to

populations. Financial abuse by contractors

(e.g., a permitted health care resident

move out of the association within 30 days

or emotional abuse by qualified caregivers

or disabled person who is a child or

of service of the judgment.

are just a couple of the distinctive set of

grandchild of a senior citizen), but in some

issues a senior community manager must

cases the underage residency is clearly a

refused to move and the association had

delicately handle. Notably, when faced with

ploy to burden the association and drain its

to obtain a court order and judgment of

claims of elder abuse, whether emotional,

finances.

contempt and an order to remove the

Not surprisingly, the defendants

financial or physical, there is not much

One scenario involved an underage

defendants from the association. The order

the association or its manager can do if

adult daughter and her children living with

specifically provided that if the defendants

the senior refuses assistance from elder

the adult daughter’s mother, a qualified

did not vacate the association by a certain

protective service agencies. Generally, the

senior resident in a 55+ community. While

date, the court order would be enforced

best course of action for the association

the adult daughter allegedly “took care”

by the Sheriff’s Department. One might

when alerted to this type of issue is to

of her mother, there was no indication this

think this hammer would do the trick – alas

contact Adult Protective Services and let it

was true (the underage daughter partied,

not. The unauthorized residents continued

handle the case.

caused damage to property and created

to occupy the property. After several

Underage Residents: The California

a nuisance to other qualified residents

more legal hurdles over the span of six

Legislature dictates that certain underage

in the community). After unsuccessfully

months, the Sheriff finally executed bench

(less than 55 years) residents be allowed

implementing internal enforcement

warrants. The defendants were cited and

to remain in the community. (Please note,

procedures to address the violations,

released with an order to appear to answer

California state law does not apply to

the association filed a complaint for an

the bench warrants. It was not until the defendants appeared for their judgment debtor examination that they ultimately moved out of the association – 15 months after the date of filing the complaint.

While the above scenario ultimately had a successful outcome, it is an extreme scenario of how age restriction violations can be difficult to enforce.

In sum, the day-to-day issues presented to a manager in the senior community context can be unique and potentially sensitive. Each issue should be handled on a case-by-case basis considering the facts at hand and in conjunction with the association’s legal counsel, where appropriate.

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. The insight of Mary M. Howell, Esq. in the creation of this article is gratefully acknowledged.

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Hoarding is an intensely personal issue but can and should be a concern for homeowners associations because of the increased risks to neighboring units or common areas.

Help!

THERE’S A HOARDER in my community

BY JOHN FARIZELL

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COMMON ASSESSMENT MAGAZINE

Thanks in part to reality television shows like “Hoarders,” people are becoming more aware of this condition, but may also see hoarding as a lifestyle choice issue without considering the more problematic side to behaviors which are out of control. A board of directors may be faced with a difficult dilemma when asked to address a hoarder in the community.

What is Hoarding?

The website MayoClinic.com defines hoarding so that anyone can understand the puzzling affliction: • Hoarding is the excessive collection of items, along with the inability to discard them.

• Hoarding often creates such cramped living conditions that homes may be filled to capacity, with only narrow pathways winding through stacks of clutter. Some people also collect animals, keeping dozens or hundreds of pets, often in unsanitary conditions.

• Hoarding, also called compulsive hoarding and compulsive hoarding syndrome, may be a symptom of obsessive compulsive disorder (OCD). But many people who hoard don’t have other OCD related symptoms.

People who hoard often don’t see it as a problem, making treatment challenging. But intensive treatment can help people who hoard understand their compulsions and live safer, more enjoyable lives.

Is hoarding a disease, or a collection of symptoms? Is it mere eccentricity? Homeowners associations do not typically regulate what a resident does inside his or her home. But when a homeowner’s behavior threatens community members, their property, or the common area, the board may have a duty to step in.

Continued on page 16

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HELP! THERE'S A HOARDER IN MY COMMUNITY Continued from page 15

How Can a Compulsive Hoarder Affect Your Community?

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Floor-to-ceiling stacks of cardboard, papers, and periodicals inside a home can pose a fire hazard. Heating ducts may be obstructed or ventilation impaired by piles of things, e.g., books, clothing, supplies, or boxes of “stuff” from home shopping channels. Some hoarders can’t bear to part with trash or half-eaten food, inviting insects and vermin inside to feast.

Odors, mold and insects are invasive and

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disgusting and difficult to completely clear.

Roaches love cardboard and leave a horrible odor. Animals smell, as do their food and excrement. Bugs travel across common area from home to home. Smells seem to seep through walls through any opportunistic (or slight) opening.

According to San Diego community association lawyer Lauri Croce, several years ago a resident in a local development piled all manner of items, including household goods, office supplies, books and magazines, clothing, and food, inside his home. A plumbing connection sprung a leak, but the leak remained undetected until the residents of a neighboring home called the association office complaining of mold and insects entering through a party wall.

The association eventually obtained a court order to clear the home after posting notice on the hoarder’s front door and serving him with a complaint via publication.

What Are Permissible Actions a Board Can Take to Address a Problem Hoarder?

An association’s CC&Rs govern what a board may and may not do when faced with a compulsive hoarding problem.

Most CC&Rs contain a prohibition against nuisances. They also contain “right of entry” clauses, though such a right may not be selfexecuting (meaning that a court order must be obtained).

Addressing a hoarding problem requires 16

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balancing the hoarder’s privacy and probable mental illness with the community members’ safe and clean enjoyment of their homes, free from nuisance and damage. Assuming the CC&Rs have the necessary provisions and there is no emergency (such as a fire), knocking on the door and dealing with the hoarder face-to-face is probably the best place to start. A hoarder might be mortified to learn that his or her private affliction is damaging the neighbors and allow egregious conditions to be ameliorated. Or a friendly letter from the association’s manager explaining that there have been complaints might evoke a response that will allow the manager to gain entry and bring in a clean-up crew. Another tactic is to contact a family member of the hoarder. If there are no family members and there is evidence of a safety or health risk to the hoarder, management may find relief from county health services or a similar public agency or non-profit organization.

Finally, if these methods are ineffective, a request for resolution letter from the association’s attorney offering to have the parties go to mediation is an option.

Unfortunately, an attorney’s letter is likely to inflame a dispute only court intervention will resolve. And yes, a court order is probably the best remedy, though it is expensive to obtain and, in the end, enforcement requires service of process on the hoarder. So it seems fair to start by attempting amicable contact in the first place. Treating the hoarder first like a community member and only second as a nuisance is the humane and most effective approach to addressing what is a confounding and difficult situation for all concerned.

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Leave it to us to protect the health, safety and value of your trees with comprehensive maintenance, wellness, and long-term management programs.

Just sit back and enjoy the shade.

John Farizell is a community manager with ARK Management located in Encinitas, California.

www.arborwell.com COMMON ASSESSMENT MAGAZINE

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SPRING 2013

17

Is it the Year of the

BACKYARD CHICKEN?

Many association’s “war stories” involve incidents with pets and pests. The latest trend involving pets is the rise of the backyard chicken and urban farms. Why is this becoming a hot issue?

BY LAURIE S. POOLE, ESQ.

18

SPRING 2013

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COMMON ASSESSMENT MAGAZINE

Why is this becoming a hot issue?

Many cities are amending or adopting their ordinances to make it easier to have backyard chickens (egg laying hens, not roosters), goats, pigs and even bees. For instance, in early 2012, San Diego amended its urban farm ordinances in a manner which makes it easier for residents to have, among other animals, fowl and miniature goats.

Prior to the change, fowl was not allowed within 50 feet of a residential building. Given the average size of yards in many homes, (especially in urban areas), the ordinance precluded many residents from being able to comply with the requirements. Under the new changes, up to five chickens (which must be kept in a coop) may be kept in in any place in the yard, except any setback areas. The ordinance also allows for larger numbers of chickens (up to 15 or up to 25), with more restrictions on the location of the coop – further from the property lines or residential structures. The ordinance also requires that the coop be predator proof, thoroughly ventilated, watertight, easily accessed and a minimum of six square feet of area per chicken. See, San Diego

Municipal Code Sections 42.0708 and 42.0709.

Other cities in San Diego County (e.g., Escondido, El Cajon and San Marcos) reviewed their single family residential zoning ordinances in 2012 in regard to allowing backyard chickens. Both Escondido and El Cajon revised their ordinances to allow these animals, subject to specific requirements. As more and more local municipalities allow urban farms, new issues and questions arise for homeowners associations.

Are We Required to Allow Backyard Chickens?

One question is whether an association can prohibit backyard chickens and/or other urban farm animals, even if the local municipality allows for them to be kept in residential settings. The general answer is that associations can be more restrictive than the city codes, unless the ordinance is written in a manner which would prevent a more restrictive application by an association or other private entity.

Associations that do not want to allow backyard chickens and other urban farm animals should check their governing documents to ensure the language is sufficient to prevent these animals from residing within the community. Some owners have taken the position that their chickens are domesticated pets which are typically allowed in the governing documents.

In one case, the homeowner claimed the chicken was treated like a dog or cat – it slept in the house and the owner dressed the chicken and painted her nails. In another situation, an owner claimed that his extremely large backyard swine was his pet. Amending the CC&Rs or rules to specifically indicate that chickens or other urban farm animals are not domesticated pets and prohibited from the community may be necessary.

Can There Be “Eggceptions?”

With the increase in people desiring to have home grown chickens for the organic eggs, and cities modifying their ordinances, it is likely that homeowners will ask their boards to allow these animals.

Associations that receive such requests should first review the operable local ordinance to see if these animals are authorized in the particular zoning area. While associations can be less restrictive than city ordinances, Continued on page 20 COMMON ASSESSMENT MAGAZINE

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SPRING 2013

19

Architectural Considerations – Before the Chickens Cross the Road

IS IT THE YEAR OF THE BACKYARD CHICKEN? Continued from page 18

they are unable to be less restrictive.

Therefore, even if a board is in favor of allowing backyard chickens, it cannot adopt governing provisions that would violate the city codes (i.e, not requiring them to be in coops).

Check the governing documents. Most CC&Rs contain prohibitions on “poultry” or “fowl” so it may be that an amendment to the CC&Rs would be required, which can be expensive and time-consuming. If there is no specific prohibition on poultry or fowl in the CC&Rs, then the board may be able to adopt a rule change to allow these animals. It may also be necessary to adopt other rules, such as specifying that eggs produced shall only be used for noncommercial purposes so as to avoid unwanted business use of the property.

With chickens and urban farms, also

(even Williams-Sonoma has a full range of coops from which to choose). Associations should explore whether to amend their architectural guidelines to include

comes the housing of those animals. Under

specifications about the appearance and

the San Diego ordinance, and those of

location of backyard chicken coops or other

other municipalities, chickens are required

housing for urban farm animals. Again, be

to be kept in coops. In one case in northern

sure to check zoning ordinances to ensure

California, the owners installed a chicken

any guidelines regarding the placement

enclosure without seeking prior approval of

of the housing does not violate any local

the association. The chickens were claimed

codes.

to be the pets of the owner’s young daughter. The board’s attempt to enforce the violation of the governing documents

Therapy Chickens?

Regardless of whether an association

was met with a petition signed by the

determines to allow urban farms, owners

community in support of keeping the

may raise claims that will involve analysis

chickens. The owners argued that chicken

under the federal Fair Housing Act (FHA)

coops are “today’s doghouse.”

and the California Fair Employment and

Associations that allow backyard

Housing Act (FEHA). Under these acts, it is

chickens will need to review architectural

unlawful discrimination to refuse to make

applications for the installation of such

reasonable accommodations regarding,

structures. A search of the internet reveals

among other items, disabilities.

a plethora of “designer” chicken cages

In one case, an owner claimed her chickens were “therapy chickens” and she was required to have them for health reasons. In support of her contention, the owner produced letters from physicians regarding keeping the hens. However, the

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documents did not demonstrate that there was a particular medical need for having

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chickens (the doctors’ correspondence only stated that consuming organic eggs was

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preferred). The association determined that in the absence of documentation showing

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that having chickens was necessary for a medical issue, the owner could not keep her chickens.

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Associations faced with claims that chickens or other urban animals need to be kept for health reasons need to seek advice from legal counsel. Associations must walk on eggshells when dealing with a resident’s request for a reasonable accommodation for an alleged disability.

Determining whether the association is obligated to make a “reasonable accommodation” is a factual issue that must be made on a case-by-case basis. In the case of Auburn Woods I Homeowners

800.439.9962 • 619.390.9962 20

SPRING 2013

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COMMON ASSESSMENT MAGAZINE

Association v. Fair Employment and Housing Commission (2004) 121 Cal. App.

4th 1578, the court found the association unlawfully discriminated against disabled

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productively.

When considering whether or not to allow chickens or other urban animals, boards need to consider the impact that such a change could have on the rest of the community. While a board may not want to ruffle any feathers, it has an obligation to determine what is in the best interests of the association as a whole.

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COMMON ASSESSMENT MAGAZINE

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SPRING 2013

21

2012 Volunteer Award Winners RECRUITER OF THE YEAR - Dawn Braddy COMMUNITY ASSOCIATION OF THE YEAR - Ocean HIlls HOA BUSINESS PARTNER OF THE YEAR - Bald Eagle Security COMMITTEE MEMBER OF THE YEAR - EDITORIAL COMMITTEE - Laurie Poole, Esq. PRESIDENT'S AWARD - Melinda Young, CCAM, PCAM

201

ANNUAL SERV

2012

ANNUAL SERVICE AWARDS

Thank you to our Annual Awards Luncheon & Trade Show Sponsors DIAMOND Pacific Western Bank Peters & Freedman, LLP Universal Protection Services

EMERALD (cont'd.)

CommerceWest Bank Green Valley Landscape & Maintenance, Inc. Greenfield Fence, Inc. N.N. Jaeschke, Inc. Nautilus General Contractors, Inc. Workright Property Services, Inc.

EMERALD AMS Paving, Inc. Anderson & Kriger Bald Eagle Security Services Bay Alarm Company Clean Earth Restorations 22

SPRING 2013

SAPPHIRE The Naumann Law Firm Western Gardens Landscape, Inc. |

COMMON ASSESSMENT MAGAZINE

012

VICE AWARDS

Thank you to our Annual Awards Luncheon & Trade Show Exhibitors AMS Paving, Inc. Anderson & Kriger Animal Pest Management Arborwell Artistic Maintenance, Inc. AV Builder Corp.

Bald Eagle Security Services Bay Alarm Company Christian Brothers Cleaning & Restoriation Clean Earth Restorations Clinkenbeard Insurance-Farmers Agency CommerceWest Bank Emercon Construction, Inc. Epsten Grinnell & Howell, APC Fenton Grant Mayfield Kaneda & Litt, LLP GB's Fence Co. Green Valley Landscape & Maintenance, Inc. Greenfield Fence, Inc. Interiors: By Design Jon Wayne Construction & Consulting JW Cleaning & Restoration LaBahn's Landscaping Mt. Helix Pest & Termite Control, Inc. Mutual of Omaha Bank/Condo Certs N.N. Jaeschke, Inc. Nautilus General Contractors, Inc. Nelson Paving/Goldstar Asphalt O'Connell Landscape Maintenance Pacific Western Bank Payne Pest Management Performance Elevator Peters & Freedman, LLP Popular Association Banking PrimeCo Painting & Construction RSI Roofing Seacoast Commerce Bank Silldorf & Levine, LLP Sky Security Services Steven Smith Landscape, Inc. Three Phase Electric, Inc. Tierra Verde Resources, Inc. TruGreen LandCare Universal Protection Services US Bank Villa Park Landscape Western Towing Workright Property Services, Inc.

COMMON ASSESSMENT MAGAZINE | WINTER 2012

23

Homeowners’ Corner Au Revoir (See You Again) 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.

Readers of this column are encouraged to send their opinions and suggestions for future columns to barbara@cai-sd.org or by phone, 619-299-1376.

Guest articles are always welcome!

Much to my sorrow, this is the last Homeowners Corner that I will author for the foreseeable future. Due to health problems, which are not abating, I cannot continue.

I’ve been a member of the CAI-San Diego Chapter, through my association since 1980. I’ve written this column since 1992 and have never missed an issue of Common Assessment.

The Homeowners’ Corner column was started

by Ed Baker in 1991; he wrote eight monthly articles

until his passing in 1992.

I took over in 1992 while the magazine was still a monthly publication of eight pages. Over the years, Common Assessment, has evolved from a monthly publication, to a bi-monthly, and in its current form: a slick newsmagazine published quarterly.

Over the years I authored 99 articles for the newsmagazine. It is with a heavy heart that I can no longer continue.

If I may be so bold as to offer the Editorial Committee a suggestion: Try to get one or more homeowners, who are owners of a “separate interest” in a condominium or planned unit development, to write for the Homeowners’ Corner column.

I also suggest that common interest development (CID) managers, professionals involved with CIDs, and business partners who service CIDs, not be permitted to present articles for Homeowners’ Corner. The reason for this is twofold.The owner of a “separate interest” is the only person involved with a CID that does not make any money from the CID, and thus has a much different perspective than those individuals who make their living servicing CIDs. Also, the newsmagazine is replete with articles from the groups mentioned above, which are timely and informative. More importantly, it of utmost importance that the newsmagazine publishes the homeowners perspective.

Again, au revoir. Keep in contact.

We are looking for a homeowner’s perspective!!

If you are intrested in contributing an article for the Homeowners' Owners Corner contact the chapter office at 619.299.1376

24

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COMMON ASSESSMENT MAGAZINE

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 Allan B. Needham Insurance......................... 11/12 Antimite Termite and Pest Control............... 12/12 Brittany Vik...................................................... 10/12 California Tree Services, Inc........................... 10/12 Cynthia Parker Dodson.................................. 12/12 David Gautereaux........................................... 10/12 Helen Toporek................................................ 10/12 Heritage Paving.............................................. 10/12 Ian Marksbury.................................................. 12/12

Jana Borrelli.................................................... 12/12 Jenny Chavez.................................................. 10/12 Jessica Senske................................................ 12/12 John Cruz........................................................ 11/12 Lin Mateka....................................................... 10/12 Nancy Edwards............................................... 11/12 Park Creek HOA............................................. 10/12 Performance Elevator Contractors, Inc........ 10/12 Rachael Robenolt........................................... 10/12

Rachel Christman............................................ 10/12 Rachel Morgan................................................ 10/12 Southern Cross Property Consultants.......... 12/12 Stephen DeMaine Certified Public Accountant.......................................... 10/12 Stryker Slev Law Group.................................. 10/12 Thrasher Termite and Pest Control, Inc........ 11/12 Wells Fargo Advisors, LLC............................. 10/12

Fenton Grant Mayfield Kaneda & Litt, LLP.. 2005 Focus Property Management, Inc................. 2010 Fran Hidalgo.................................................... 2011 G.R.G. Management Inc................................ 2009 Golden Girls at MPM Realty.......................... 2004 Green Horizons Landscape & Maintenance, Inc............................................. 2011 Green Valley Landscape & Maintenance, Inc............................................. 2008 Haney Accountants, Inc.................................. 2009 HOA Elections of California, Inc................... 2009 Ian H. Graham Insurance................................ 2009 Jan Gardner..................................................... 2011 Janice Liese, CMCA, AMS............................. 2005 Julie Bigelow, PCAM...................................... 2009 Kelley Brewster................................................ 2009 Kimberly Johnson, CMCA, AMS................... 2005 La Mesa Colony Homeowners Association....2007 La Mesa Colony Homeowners Association....2011 LaBarre/Oksnee Insurance Agency.............. 2001 Law Office of Laura Kwiatkowski................... 1993 Little & Sons Property Management............ 2012 Loren Fisk, CCAM, CMCA............................. 2009 Marie Donovan................................................ 2000 Mario Trejo, AMS............................................ 2005 Mediation Solutions........................................ 2010 Melanie Hudson.............................................. 2010 Menas Realty Company................................. 2011 MeterNet......................................................... 2011 Mike Lutz.......................................................... 2006 Monique Douglas........................................... 2012 Morning View Associates, LLC...................... 2006 Nancy Unfried.................................................. 2012 Ned Heiskell, CCAM, PCAM......................... 2009 Nicholas Brennan............................................ 2009 Pacific Coast Construction Co....................... 2011 Pacific Green Landscape, Inc........................ 1988 Pacific Western Bank...................................... 2004 Patricia Ginger................................................. 2006 Popular Association Banking......................... 2005 Prater Architects, Inc....................................... 1998 PrimeCo Painting & Construction................. 1999 R&D Pest Services, Inc.................................... 2009

Rancho Del Mar Association......................... 2009 Roger Reeve.................................................... 2006 Rolling Hills Ranch Community Association....................................................... 1999 Roy Palacios Insurance Agency, Inc.............. 2005 SAX Insurance Agency................................... 2011 Seabreeze Management Company, Inc....... 2009 Seacoast Commerce Bank............................. 2011 Shannon McMurray, CMCA, AMS................. 2008 Silverado Community Management Service.............................................................. 1996 Summit Security Guard & Patrol................... 2003 Sunrise Pointe HOA........................................ 2008 Susan Fakhouri, CMCA.................................. 2009 Susan Mahoney............................................... 2011 Susan Marchetti............................................... 2009 Susan Thrasher................................................ 2009 The Inspectors of Election............................. 2007 Thomas Krynicki.............................................. 2011 Three Phase Electric, Inc................................ 2007 Ti Howe............................................................ 2011 Traci Mays........................................................ 2010 Treebeard Landscape..................................... 2010 TruGreen LandCare........................................ 2011 Varsity Painting................................................ 2009 Victoria Cohen................................................. 2005 Villa Trieste At Del Oro Hills Master Association......................................... 1993 William Stewart, PCAM.................................. 2005 Yvette Huffman................................................ 2011

RENEWING MEMBERS A. McKibbin & Co........................................... 1997 Abdou Insurance Agency.............................. 2010 Able Restoration............................................. 2007 Alante/MCS Insurance Services.................... 2009 Alma Galindo.................................................. 2011 Alpine Fence, Inc............................................ 2011 Andrew Jager.................................................. 2007 Aquaspecs, Inc................................................ 2001 Artistic Maintenance, Inc................................ 2005 Association Reserves San Diego, LLC.......... 2008 Associations Insurance Agency, Inc.............. 2009 AT&T Connected Communities.................... 2011 Atlantic and Pacific Management................. 2011 Aztec Landscaping, Inc.................................. 2012 Bald Eagle Security Services, Inc.................. 2009 Behr Paint/The Home Depot........................ 2010 Bel Mondo Owners Assoc............................. 1992 Berg Insurance Agency.................................. 2003 Bill Greenlee, CMCA...................................... 2009 Bob Piva Roofing............................................ 2009 BOFI Federal Bank.......................................... 2011 Bonita Vista Community Assn....................... 1982 Bonita Vista Community Association........... 1982 Bruce Becker, CCAM, CMCA, AMS.............. 1980 Cami Surette, CMCA, AMS........................... 2007 Caterra Rainey................................................. 2012 CID Insurance Programs, Inc......................... 1996 Clean Earth Restorations................................ 2008 Clint McClure, CMCA, AMS.......................... 2006 CommerceWest Bank, N.A............................ 2012 Community Archives, Inc............................... 2008 Corinne Marrinan............................................ 2011 Daniel Goodrich, CCAM, CMCA, AMS........ 2004 DAPA Janitorial Service.................................. 2007 Dawn Braddy, CMCA...................................... 2010 Dawn Walters, CMCA, AMS.......................... 2005 DM Construction Services............................. 2012 Don Kerl........................................................... 2012 Donna Baughman........................................... 2012 Donna Walters................................................. 2007 Duramax Building Products........................... 2011 ePipe Restoration, Inc.................................... 2012 Eugene Alfaro.................................................. 2010

October/November/December 2012

In the October November December 2012 issue the year Walters Management, AAMC, ACMF, AMO joined CAI was listed incorrectly. Walters Management has been a member of CAI since 1976. We regret the error.

COMMON ASSESSMENT MAGAZINE

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Newsstand More than 700 Earn CAI Designations in 8 Months On January 10, the Consumer Financial

ensure home buyers are able to fulfill all

mortgage payments will face stiff penalties

their financial obligations related to owning

and fines.

their home—including their association

Lender documentation of association

Protection Bureau (CFPB) released its long-

assessments. This will create a greater

assessments and special assessments

awaited federal Qualified Mortgage (QM)

degree of financial stability for community

required to meet the new ability to

standard. The new federal guidelines, which

associations, while at the same time helping

repay standard will be a key issue for

are required by the Wall Street Reform and

to ensure fairness and equity for all owners

CAI members. CAI will continue to work

Consumer Protection Act (commonly known

in the community," said Thomas M. Skiba,

with the CFPB and the banking industry

as the Dodd Frank Act), establish minimum

CAE, chief executive officer of Community

to ensure that all parties understand the

requirements for all mortgage loans.

Associations Institute.

role played by community associations to

As anticipated, the QM standard

Under the QM standard, lenders

provide lenders assessment information in a

considers community association

are required to prove borrowers have

assessments a key factor when determining

the financial resources to pay mortgage

if a borrower is qualified for a mortgage.

principal and interest, insurance premiums,

include:

Ensuring borrowers can afford to pay

property taxes and association assessments.

• Ability to Repay—lenders must

association assessments will lead to

Lenders that extend mortgage credit

document that borrowers have sufficient

stronger communities and prevent

without fully documenting a borrower’s

assets and income to make monthly

foreclosures.

income and assets and ensuring the

mortgage payments and pay other

borrower has the ability to make all monthly

mortgage-related obligations such as

“The Ability-to-Repay standard will

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SPRING 2013

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COMMON ASSESSMENT MAGAZINE

community association assessments.

• Borrower Debt-to-Income Ratio— borrowers may not spend more than 43 percent of their monthly income for payment of mortgages and mortgage-

It’s amazing what good community management will do.

related obligations such as association assessments.

• Legal Safe Harbor for Lenders—except in the case of high-cost mortgages, lenders that comply with the ability to repay standard will be offered protection from borrower litigation.

• High Risk Loan Terms Prohibited— lenders are no longer permitted to offer mortgages that allow loan balances to increase (negative amortization) or interest-only payments.

Mortgages may not have terms of greater than 30 years.

• Transitional Standard—all loans eligible to be guaranteed by Fannie Mae and Freddie Mac or for Federal Housing Administration insurance will be granted QM status during a transitional

800.227.6225 • www.waltersmanagement.com SA N DIEGO • CHU LA VISTA • CA R LSB A D • MU RRIETA

period.

• Delayed Effective Date—lenders will have one year to comply with the QM standard, which is effective January 2014.

CAI is reviewing the final QM standard and will provide additional updates to CAI members once a full analysis has been

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Carpenter Heads CCAL Board of Governors Scott B. Carpenter, a past president of CAI’s Central Arizona chapter and a member of the national education faculty, is the new president of CAI’s College of Community Association Lawyers (CCAL).

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Elected to the position by the sevenmember CCAL Board of Governors, Carpenter assumed the post January 1. He has been a member of the CCAL board since 2007.

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of Carpenter, Hazlewood, Delgado &

Member FDIC

Bolen, Carpenter is the co-chair of the Arizona Legislative Action Committee and Continued on page 29

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SPRING 2013

27

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Conventional "wisdom" suggests that when it comes to banks, bigger is better.

CommerceWest Bank could not disagree more. Rather than offering various services for all customer types, CommerceWest was founded on the goal of providing unparalleled service to the business community. With core values that include consistency and reliability, CommerceWest is dedicated to offering the highest level of service standards to its clients.

By focusing on what they do best – commercial banking – CommerceWest provides customized and personallytailored banking services to businesses throughout California.

CommerceWest Bank pioneered the regional office banking model when it opened the doors of its Orange County Regional Office on September 24, 2001. Today, CommerceWest Bank services the Inland Empire, Orange County, Los Angeles and San Diego markets. Hallmark services include NetBanker, Finance Center, Concierge Services, 48-Hour Turnaround, Banking by Appointment and 24/7 Banker on Call. These services have been an integral part of the organization's aspiration to be known as one of the nation's most respected financial institutions.

While CommerceWest Bank has been a member of CAI for 2 years,

Proud to be members of CAI since 1976 Phone: 760-918-8040 | Fax: 760-603-9156 5927 Priestly Drive Suite 110, Carlsbad, CA 92008

28

SPRING 2013

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COMMON ASSESSMENT MAGAZINE

its homeowner association division manager, Cyndi Koester, has been actively involved with CAI and the community association industry for more than thirty years.

CommerceWest believes its relationship with CAI allows the bank to network with community volunteers, managers, and valuable business partners so that it may acquire the knowledge necessary to provide a higher level of service and specialty banking products to the community association industry.

CommerceWest supports the community association industry and its clients so that board members have the tools they need to make good decisions for their communities. CommerceWest understands that community associations are corporations led by dedicated volunteers from a variety of backgrounds. These volunteers require support, educational resources and unique banking products so that they may successfully manage their communities and protect their most important assets—their homes.

CommerceWest strives to provide these specialty services to its homeowner association clients.

CAI and its members should “bank on the difference” and count on CommerceWest to provide continuous support and unparalleled service in this unique and ever-changing industry of community associations.

Thank you to CommerceWest Bank for their ongoing support of CAI San Diego.

NEWSSTAND Continued from page 27

a frequent contributor to CAI’s professional education courses. He received CAI’s 2004 national Award of Excellence in Government and Public Affairs and is the author of Community Association Law in Arizona, published by the Arizona Bar Association.

Lincoln W. Hobbs, a partner in Hobbs & Olson, L.C., in Salt Lake City, Utah, was elected to the CCAL board, while the following members were reelected to the board: • Kenneth E. Chadwick, Chadwick, Washington, Moriarty, Elmore & Bunn, PC, Fairfax, VA. • Ellen Hirsch de Haan, Becker & Poliakoff, PA, Clearwater, FL. • Stephen M. Marcus, Marcus, Errico, Emmer & Brooks, PC, Braintree, MA. The 2013 CCAL board also includes James H. Slaughter of Rossabi Black Slaughter, PA, in Greensboro, N.C., and Jeffrey Van Grack of Lerch, Early & Brewer in Bethesda, MD. Van Grack served as 2012 CCAL president.

“I’m honored to be president of such a prestigious group of attorneys and proud to be a longtime member of CAI,” said Carpenter. “CCAL is a critical source of information and expert perspective not only for CCAL members, but also for professionals and homeowner volunteers who serve common-interest communities.

We will continue to expand on all of CCAL’s great work.”

Established in 1993 by the CAI Board of Trustees, CCAL provides a forum for the exchange of information among experienced legal professionals working in the community association field. Its goals include promoting high standards of professional and ethical responsibility, improving and advancing community association law and practice, and facilitating the development of educational materials and programming pertaining to legal issues.

COMMON ASSESSMENT MAGAZINE

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Come Create Your Legacy at the 2013 CAI Annual Conference in San Diego

By Yvette Huffman

H

ave you wanted to go to the Annual

on the current direction of CAI. The theme

will benefit from the diverse line-up of

CAI Conference but couldn't

is a fitting tribute to all the hard work

speakers so they can create their own

because it was held out of state and

and dedication of community association

legacies.

didn't fit in your budget? Well, the wait is

volunteer members, homeowners,

over! This year, CAI’s Annual Conference will

management professionals and business

Mike Abrashoff and Terry Watson. Mike took

be in San Diego from April 17 through April

partners.

control of the worst-performing Navy ship in

20 at the beautiful Hilton San Diego Bayfront.

The conference is geared toward

The two scheduled keynote speakers are

the Pacific Fleet and made it number one in

The conference will feature a full schedule

providing real-world perspectives for

12 months using the same crew. Terry Watson

of interesting meetings, education sessions,

moving beyond day-to-day personal and

is an international motivational speaker and

keynote speakers, award ceremonies, and

professional challenges in an effort to add

trainer. Terry helps people learn to reach their

parties.

value to the management experience and

full potential through meaningful change.

It has been 9 years since the CAI Annual

the communities served by CAI members.

In addition to the keynote speakers, the

Conference was held in San Diego. This year,

CAI benefits from the vast experiences

conference will be filled with interesting and

in honor of CAI’s 40th Anniversary, the theme

of management professional members,

informative sessions. Choosing which session

is “Creating Community Legacies.” The

homeowner members, business partners

to attend will be difficult. The following are

focus will be on where the organization has

and community leaders. The conference’s ssl_CAI_0210:Layout 10:23 AM Page Committee 1 been and where it is today1with1/19/10 an emphasis Planning hopes that attendees

some of the scheduled topics: • Federal Legislative and Regulatory Update (2 part session), with Dawn M.

Improving more than just your property.

Bauman, CAE, C. Scott Canady, T and Ronald L. Perl, Esq., Marilyn Brainard, J. David Ramsey, Esq. • Areas of Conflict and Means of Resolution, presented by Mary B. Reiten, Esq. • Community Law - The Past 40 years and

S TEVEN S MITH

the next 40 years, featuring Richard S. Fiore, Esq., Janet L.S. Powers, Esq., and

L ANDSCAPE I NC .

Margaret G. Wangler, Esq. • Ethics for Association Professionals, with Sandra K. Denton, CMCA, LSM, PCAM and Debra A. Warren, CMCA, PCAM. There will also be innovative new topics addressed at this year’s conference, including: • Rental Restrictions, presented by Robin L.

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SPRING 2013

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Lic No. 456160

Strohm, Esq. • Leadership through Exceptionalism, featuring Kevin Davis, CIRMS • Bankruptcy Trends, with Peter C. Bronson, Esq. • Associations Around the World, presented by Jeevan D’Mello from Dubai.

Perhaps the most exciting event that will make the 2013 conference memorable is the CAI San Diego Chapter party which will be held on Thursday, April 18 at the San Diego Air & Space Museum located in historic Balboa Park from 6 p.m. to 10 p.m. This family-friendly event is not included in the registration fee for the Annual Conference so anyone wishing to attend will need to sign up separately. Tickets include a live band and dancing, two drinks, heavy hors d’ouevres, full access to the museum and its activities and free round trip shuttle service from the Hilton to the museum. Dress is business casual. Cost is $95 per adult and $30 for children under 18. A portion of the proceeds

Proud recipient of CAI-San Diego’s 2012 “Business Partner of the Year” and consecutive 2009-2012 SDCAA “Mark of Excellence” Awards.

will benefit the Armed Services YMCA. For more information about the 2013 CAI Annual Conference in San Diego, go to www.caionline.org/events/conference/ Pages/2013conference.aspx. For more

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CAI Celebrates A Milestone Anniversary From Backyard Planning Sessions to 40 Years of Growth and Success became Community Associations Institute.

The official date of birth was Sept. 20, 1973 – 40 years ago this year. The San Diego chapter was created in 1982.

There were fewer than 30,000 U.S. common-interest communities in 1973. Today, more than 64 million Americans live in an estimated 325,000 community associations, condominium communities and cooperatives. The first issue of CAI News, in 1974, was distributed to 200 members. Today, CAI’s flagship national magazine, Common Ground, is distributed to more than 32,000 members—in both print and digital formats.

CAI’s growth was slow but steady – at first. Membership surpassed 1,000 by the end of 1975. It took eight more years to

A SPECIAL YEAR!

CAI is celebrating its 40th anniversary in 2013.

Review CAI milestones and our history through the eyes of past national presidents.

reach the 5,000 mark. The organization we know today began to take shape during the late 1970s and 1980s.

• 1975: The first national conference takes place in New Orleans.

• 1977: Association Management, the first Guide for Association Practitioners, is published.

• 1978: CAI welcomes its 10th chapter.

• 1980: The Professional Management Development Program is

Visit www.caionline.org/CAI40

launched.

• 1982: The Professional Community Association Manager (PCAM) designation is introduced.

• 1984: The first issue of Common Ground is published.

• 1985: CAI welcomes its 30th chapter.

In 1964, the Urban Land Institute (ULI) published Technical Bulletin No. 50, a document that called for the creation of a national organization to provide education and act as a clearinghouse of information and best practices for the growing community association housing market.

The principal author was Byron Hanke, one of CAI’s eventual

• 1986: California members form the first of CAI’s 35 legislative action committees.

• 1988: Membership tops 10,000.

CAI continued to expand in the 1990s, creating www.caionline. org, the popular ABCs course (now “Essentials”), Community Associations Press (now CAI Press) and the College of Community

founders along with Lincoln Cummings, then president of Whetstone

Association Lawyers. Other milestones included publishing the

Homes Corp. and vice president of Montgomery Village Foundation

first issue of Community Management (now Community Manager),

in Maryland; Dave Rhame, a developer and chair of the National

topping 50 chapters and reaching 15,000 members in 1996.

Association of Housing Cooperatives; and David Stahl, former public

CAI has been equally ambitious in the new century, expanding

official and ULI executive vice president. Cummings and Rhame

its website, offering webinars, developing Rights and Responsibilities

would eventually lead the fledging organization.

for Better Communities, expanding its public policy initiatives,

But there was a lot of work to be done before leaders would

creating the Educated Business Partner distinction and offering

be selected. It took nine years and an abundance of discussion,

its first online course, The Essentials of Community Association

fortitude and planning – including backyard strategy sessions at

Management. Meanwhile, membership surpassed 25,000 in 2005

Hanke’s Calvert, Md., home. But good ideas persist, and this idea

and topped 30,000 – in 60 chapters – in 2010.

32

FA L L 2 0 1 2 | C O M M O N A S S E S S M E N T M A G A Z I N E

Like every organization, CAI had to adapt to meet the

PAST PRESIDENTS REMEMBER

challenges of a growing and changing industry. New and enhanced member benefits were developed. Governance overhauls were debated and implemented. The membership structure itself was reengineered, mostly recently in 2005 to encourage individual memberships for community managers and

A lot of my success has been because of the things I’ve learned and the people I’ve been able to connect with through CAI. Ronald P. Kirby, 1981-82

homeowner volunteer leaders.

When I think about CAI, I have a warm feeling and a sense of shared accomplishment … CAI is just special.

Katharine Rosenberry, Esq., 1988-89

“Our growth and achievements would have been impossible without the contributions of member leaders,” says Tom Skiba, CAE, CAI’s chief executive officer since 2002. “Sustained growth

Our slogan, ‘CAI – Making Community Associations Better,’ held a significance and a consequence that few knew.

George E. Nowack, Esq., 1994-95

and success for an organization like CAI requires skilled, dedicated and selfless member volunteers. National and chapter board and committee members, our education faculty, legislative action committee members, authors, event speakers—they are the unsung heroes. They’ve made our accomplishments possible for 40 years.”

No other organization with which I have been affiliated exudes the camaraderie, support, sharing and care as does CAI.” Paul D. Grucza, CMCA, AMS, PCAM, 2004-05

Jerry Levin, CAI’s president in the early 1990s said it best, We are the go-to organization for those who want to know

“Without the total cooperation of leadership, chapters and individual members, there would be no CAI today.”

about the community association industry.

Visit www.caionline.org/CAI40 to learn more.

Kathryn C. Danella, CMCA, LSM, PCAM, 2012

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As the manager of a high rise community, one becomes accustomed to dealing with leaks – washing machines, sinks, toilets, dishwashers, heat pumps, refrigerators, etc. Usually, these leaks affect only a couple of homes. However, on February 19, 2009, Assistant Manager Trevor Puthoff radioed me with a phrase I will never forget, “Lee! It’s a big one!!”

It’s a

BIG ONE!!

BY LEE CROWELL

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COMMON ASSESSMENT MAGAZINE

What I later learned was that as Trevor was heading up in the elevator, he began to hear water hitting the elevator cab and splashing down the shaft. When the door opened, a small wave of water (about 3 inches) flowed over his shoes. He walked down the hallway toward the sound of the splashing water to find a 2½ inch pipe that supplies our heat pumps (under an estimated pressure of 190 psi) cascading out of the ever growing hole in the ceiling of a suite.

By chance, Louis Nasr, a construction superintendent for the developer, was in the building. He knew what the problem was and before our building engineer arrived, Bill headed to the roof to shut off the pumps. It took several hours for the system to drain down to the point of the leak on the 21st floor, during which time the elevators and a stairwell became waterfalls. At least one stream of water shot out the side of the building, leading people to think it might be raining even though the sky was clear.

Trevor and I had worked as the management team for The Grande North, a 39 story high rise in downtown San Diego for 7 to 8 months when the “big one” happened. We had developed a basic response protocol – Trevor would be the “eyes and ears” – keeping an eye on what was happening. I would stay in the office or by the lobby desk so that appropriate personnel could be mustered and dispatched to the problem. On the day of the “big one,” 50 units were affected. The suite where the leak started was unoccupied, but the suite below it was badly damaged. Fortunately, the resident of the downstairs suite was able to temporarily occupy the association’s “guest suite.” Other residents spent that night in their suite or with friends or neighbors. We did help to find hotel rooms that night.

The first thing to remember during this type of incident is, of course, to remain calm. The manager needs to be “that” person, especially if you are on site, who makes the calls as to how much personnel will be needed as well as to evaluate what ideas are good and not so good. For example, one board member pulled the emergency keys (another requirement for a high rise community) for the suites and grouped them together by floor, thinking that it would be harder to a lose a group of keys than just a single key here and there.

As we found out, grouping the keys by floor meant there were keys for suites that were not affected. This resulted in wasted time and effort and caused more problems than lost keys otherwise might have.

Second, you need to remain flexible. If something isn’t working, don’t stick with that plan because you Continued on page 38

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THE BIG ONE! Continued from page 37

think it was right. We were fortunate to have input from a number of people that day. I listened to what they had to say and then made an informed decision, but we did change direction a couple of times.

A few of the decisions that we made that first day proved to make life a little easier for the residents. Early on, within the first hour, I decided that the situation was larger than a single remediation company could handle.

We assigned the first 6 floors to one vendor and the other floors to another. Combined, they were able to bring more resources to get the drying out process jump-started than either one could have done on their own.

While they would have preferred to have the entire job, they each received a substantial amount of revenue. Having two vendors also created a bit of healthy competition; each vendor wanted to have fewer complaints or make the residents they were serving

38

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COMMON ASSESSMENT MAGAZINE

happier than the other vendor, so we ended

you are assigned one of these). The claim

to access suites and begin cleaning up if a

up having almost no complaints about

ended up being close to $1.5 million. Our

key was available.

the remediation efforts. We also took this

insurance company was very responsive and

course of action with the repair contractors,

the adjustor was extremely helpful during

community was back to normal and The

using two instead of one. Again, perhaps

the incident.

Grande North survived and prospered. Our

they didn’t make as much money as they

Since that time, we have implemented

In the end, within 90 days the

residents, even those that are difficult to

had hoped, but the repairs were completed

a number of protocols to help with

please, dealt with the situation with great

quickly with very few complaints.

similar incidents, including a group of first

aplomb. It is amazing how we can adapt

responders – residents who are able to help

when we need to – even when it is “The Big

manager to accept responsibility above

An incident such as this one forces a

after hours. Often, just a few extra hands

One!”

and beyond what is likely spelled out in an

can be a great help. We have created a

employment or management agreement. In

flood response cart, so that we have the

the long run, I believe the board respected

equipment in a single location to begin

and supported the decisions that were

stopping a flood from spreading (for most

made that day. It is amazing that trivial

incidents!). We have labeled a number

things can be a cause of consternation and

of the important shut off valves, and a

lengthy discussion and debate, but often

homeowner volunteered to put together

the bigger things are taken as a given. We

a manual for the first responders to use in

had to act via e-mail to make the decision

case of an emergency. This manual is also

to file an insurance claim on our policy and

helpful for the after-hours staff. Nearly all of

our insurer was very helpful in getting the

our suites have emergency keys on file now,

clean-up and repairs completed through a

more than when this event occurred as they

special adjustor (if the claim is large enough,

saw how much more quickly we were able

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encinitas office

760 436 3441

&

Lee Crowell is the General Manager of The Grande North in San Diego California. He works for The Prescott Companies, an Associa firm. He has been managing associations for more than 20 years.

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San Diego CLAC Honor Roll Update

By Sam Dolnick, CAI-CLAC Delegate-at-Large

T

he year-end of the 2012 CAI-CLAC San Diego Chapter Honor Roll is being presented for the FOURTH YEAR. Everyone involved with common interest communities, regardless of their function, who has contributed funds to CAI-CLAC San Diego Chapter in 2012, to assure that our voice is heard in the halls of the California Legislature, are to be congratulated. The San Diego’s 2012 goal was $25,084.

As of December 31, 2012, $22,821.97 has been contributed – We just fell short by $2,262.02. Hope we can reach our goal in 2013!!!

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, grass-roots alerts, stationery, phone calls, rent, maintenance of web site, and other similar expenses must be paid.

Our thanks to the following people who have contributed, or had their association contribute funds, from January 1 to December 31, 2012. Don’t you want to see your name, association’s name or business partner’s name on future lists? There are currently 43 contributors.

Can that number be increased in 2013???

Andalucla Townhomes HOA; Lisa Isaacson, PCAM CCAM

Sam Dolnick, Homeowner

Association Management Group, Earl Feuer

Epsten, Grinnell & Howell, APC, Jon H. Epsten, Esq.

Association Reserves San Diego, LLC, Matthew Swain, R.S.

Fairfield HOA

AV Builder Corp.

Fairway Point CA, Elite Community Management

Berg Insurance Agency Inc., Kimberly Lilley, CMCA, CIRMS

Greenfield Fence

CAI San Diego Chapter, Barbara Ozenbaugh, CMP, CAE

Il Patio HOA, Lisa Isaacson, CCAM, PCAM

Carmel Trails HOA, Lisa Isaacson, CCAM, PCAM

Interiors by Design, Geri Musser

Clean Earth Restoration

Joel M. Kriger, APC, Joel Kriger

Coronado Shores Condo Assn #6, Jim Liese, CMCA, AMS

La Jolla Soledad West HOA, Lisa Isaacson, CCAM, PCAM, La Mesa Colony, Alicia Lloyd Massie-Berman APC, Jonathan Massie, Esq. Masters Hill CA, Elite Community Management

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COMMON ASSESSMENT MAGAZINE

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Scan this code with your smartphone to visit the chapter website.

1081 Camino del Rio South Suite 109 San Diego, CA 92108

2013 CAI San Diego

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