Common Assessment Magazine, Spring 2014 by CAI San Diego

Common SPRING 2014

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

CLIENT CUSTOMER VENDOR BOSS HOMEOWNER MANAGER COWORKER Y o u W a n t W h at ? … W h e n ? S u c c e ss f u l ly M a n a g i n g E x p e c tat i o n s Success through SETTING EXPECTATIONS page 6 A FOUR WAY TEST for success page 16 Annual SERVICE AWARDS C O M M Opage N A S S20 ESSMENT

MAGAZINE

SPRING 2014

In Memory of Sam Dolnick 1918 - 2014

For those of you who remember — and for those of you who don’t — Sam was a homeowner member of CAI for more than 23 years. He devoted countless hours to the CAI San Diego chapter and CLAC, was the President of the Baker/Dolnick Education Foundation, authored the

Sam circa 1948.

Homeowner’s Corner articles for the chapter’s magazine, conducted the Homeowner’s Roundtable meetings, and was a constant and welcome presence at chapter educational events. Sam was a prolific writer and commentator on issues related to our industry, and in 2012 received a lifetime achievement award from CLAC for his efforts. His dedication and contributions were so great the San Diego chapter created the Sam Dolnick Lifetime Achievement Award in his honor. In 2012, Sam was presented with a commendation by the mayor of La Mesa for “the many hours of work on behalf of homeowners living in HOAs and his continued commitment to the citizens of the community.” Sam truly was a great man and will be missed by all that knew him. Contributions may be made to the Jewish San and his beloved wife, Edith, 1994.

National Fund for trees to be planted in Israel in the Edith and Sam Dolnick Grove and/or to

the Baker/Dolnick Education Foundation, c/o CAI - San Diego Chapter, 1081 Camino del Rio South, #109, San Diego, CA 92108.

PAGE 10 PAGE 6

PAGE 18

Features

Departments

Success Through Setting Expectations

President’s Message

BY RYAN FIGLEY

BY JASON PAYNE

Setting the Bar for Performance Standards: Board of Directors’ Expectations of Community Association Managers

BY GORDON G. GILBREATH, M.A.

A Four Way Test for Success

28 New and Renewing Members 31 Marketing Plan Member Spotlight – AV Builder 35 Newsstand

BY SHERI WHITE-NEWTON

Preserve and Protect

BY SUSAN FAKHOURI, CMCA, AMS, PCAM

The Real Value of a Dollar – CLAC’s “Buck a Door” Campaign

New Statutory Scheme for Commercial & Industrial Common Interest Developments

BY LAURI CROCE, ESQ.

Save the Date for Monte Carlo Night!

32 34

Back 2014 Marketing Plan Members Cover

Jump into Membership! Traits of Good HOA Board Members

Find us on Facebook! Don’t forget to “like” CAI San Diego!

Chapter News 20

Annual Service Awards in Pictures

Annual Service Award Winners, Sponsors and Exhibitors

October 11 Trade Show Exhibitors

Thank You November Morning Program Sponsors

Thank You to Our CID Law Seminar Sponsors

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

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

COMMON ASSESSMENT MAGAZINE

SPRING 2014

Common

President’s Message Changes, Challenges & Opportunities

s I begin my term as your CAI San Diego President, I want to thank you for the

opportunity to serve our chapter. I would like to thank the previous President, Marie Donovan, and the Board of Directors for a job well done. The Board of Directors are homeowners, managers and business partners in our community as well as volunteers who give up much of their personal

Jason Payne has been a member of the CAI San Diego Chapter since 2007 serving on the Membership, Marketing/ PR and Monte Carlo Committees. Jason is currently the 2014 Chapter President.

time to serve on your board of directors. To our returning members, welcome to another great year with the San Diego chapter of Community Associations Institute. To our new members, welcome to the chapter and thank you for joining.

2014 will be a year of changes and challenges. We have listened to member’s ideas and have already begun to implement them. The Chapter’s first ever Reverse Trade Show was a success, look forward to that event again inthe future. Our first North County Trade Show was another new event that was extremely well attended and received. Another new event coming up in June is the Legislative Support Committee’s Craft Beer Night. All proceeds will benefit CLAC. The strength of our organization is directly related to the level of involvement by our members. With that in mind, I invite you to call or

EXECUTIVE COMMITTEE JASON PAYNE....................................................... PRESIDENT Payne Pest Management BRUCE ROSENBLATT............ PRESIDENT-ELECT/TREASURER Manager KARINA TATUM.............................................VICE PRESIDENT Complex Realty BECKY GROENEWOLD, PCAM............................. SECRETARY PCM - Professional Community Management DIRECTORS BRIAN BLACKWELL....................... West Coast Management Firm KRISTINE GAITAN........................................................ Homeowner ELAINE GOWER........................................................... Homeowner JOANNA LABAHN-CORNETT.....................LaBahn’s Landscaping LAURIE POOLE................................................. Peters & Freedman SHANNON SMITH..................................... Reconstruction Experts LOUISE STETTLER..........................Epsten Grinnell & Howell, APC

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 BRIAN KALMENSON.....Michael Abdou Insurance Agency, Inc. CORINNE MARRINAN ............................................... Action Life ELAINE GOWER............................................ Naumann Law Firm JEFF FRENCH......................................... Green, Bryant & French JEFF MORIN............... Global Disposal Reduction Services, Inc. JODI KONORTI........................... Epsten, Grinell & Howell, APC LAURI CROCE..................................... Law Office of Lauri Croce LAURIE POOLE.................................... Peters & Freedman, L.L.P. LUCAS SISNEROZ................................................. N.N. Jaeschke MELODIE NICKELL.............................. The Prescott Companies SUSAN FAKHOURI..........................................................Manager YVETTE HUFFMAN............................DC Property Management RACHEL WILLIAMS.....................................Brad Stoner Painting SANDY WEBSTER-SHYKO.................................... N.N. Jaeschke LAUREN MOLNAR.................................. Reconstruction Experts

e-mail me to share any ideas, thoughts or feedback to improve our Chapter. Please let us know your ideas, volunteer, or actively participate on our committees. Without each and every one of you, our chapter wouldn’t be what it is today. We continue to be fortunate to have Barbara Ozenbaugh serve as our Executive Director. Please also feel free to reach out to her at barbara@ cai-sd.org. Barbara can also put you in touch with any Board Member or Committee Chair.

All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Common Assessment Magazine or the Community Associations Institute – San Diego Chapter. Information contained within should not be construed as a recommendation for any course of action regarding financial, legal, accounting or other professional services and should not be relied upon without the consultation of your accountant or attorney. Common Assessment Magazine is the official quarterly publication of the San Diego Chapter of the Community Associations Institute. CAI San Diego Chapter encourages submission of news and articles subject to space limitation and editing. Signed letters to the editor are welcome. All articles submitted for publication become the property of CAI San Diego Chapter. Reproduction of articles or columns published permitted with the following acknowledgement: “Reprinted with permission from Common Assessment Magazine, a publication of the Community Associations Institute San Diego Chapter.” © 2014 CAI - San Diego Chapter

2014 will be a year of challenges, but challenges present opportunities. Speaking for myself, and the rest of the board, we look forward to serving you in the upcoming year.

SPRING 2014

COMMON ASSESSMENT MAGAZINE

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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Success through Setting Expectations BY RYAN FIGLEY

Working for a homeowner’s association board is no easy task! A successful manager is able to handle multiple personalities on the board, carry out all essential management functions, and manage the expectations of all its members and the board itself. Managing expectations is a topic that comes up every now and again in industry training and magazines. However, we rarely see an article about what we as managers can, and should, expect from our board members. It is easy for a manager to overlook the fact that the board is comprised of volunteers who ran for the board for one reason or another. To prevent personal frustration, one must ask themselves “What should I expect from my board?”

SPRING 2014

COMMON ASSESSMENT MAGAZINE

Commitment It is safe to assume that board members have a reason to run and be elected to the board. It is also

mile to ensure that they are making a well-informed decision. If your board members have not had an opportunity

safe to assume that they have a time commitment in

to see the operation behind the scenes, be sure to give

mind when throwing their names into the hat. Do not

them a tour as soon as they are elected to the board

expect all directors to give the same time commitment.

and on a regular basis. They will come to appreciate all

Every board will have its outliers, the over and under

that you do.

achievers. It is reasonable to expect board members to give two to four hours per week of their time. Some may give more and some may give less.

Preparation A favorite sight to see is a board member walking down to the front desk and picking up their board

Responsiveness Not long ago, the expectation was to answer

packet five minutes prior to a meeting. Although it is expected that board members will read their reports and financial statements on a monthly

emails within 24 hours. The expectation

basis, managers must not expect

slowly evolved to answering emails

all of them to do this before the

and calls immediately, whether

meeting. The manager must

or not you have the answer.

be well-versed in all items

Managers often expect

on the reports and financial

board members to adhere to the same guidelines.

statements prior to the

Board members are not

meeting. The manager

professional managers.

will have to guide the

They have careers, lives,

board through the agenda and financial statements

family, and other volunteer

during the meeting. This is

commitments. Managers

completely ok and makes the

should reasonably expect

manager look like they know

directors to respond within three

exactly what they are doing. It is

days. If you have something urgent

also a good indication that the board

that requires a board memberâ&#x20AC;&#x2122;s review,

has confidence in the management team. If

pick up the phone and call him or her. They most likely are not standing by their email waiting for you to

there is something specific that you need your board to

send them something.

review before a meeting, send them an email the day that the reports become available and ask them to be

Technical Knowledge

sure to review a certain section prior to the meeting.

At times, board members need additional time to process the information that is sent to them. One of the ways that managers can facilitate communication is by

Financial Background Managing a homeownerâ&#x20AC;&#x2122;s association is like running

providing them with as much necessary background

a non-profit corporation. Some corporations are larger

and technical information as possible. Board members

than others, but all require the same foundation of

may not fully understand the workings of water source

work.

heat pumps, pressure reducing valves or landscape

One must not assume that the board or more

irrigation systems. Help them help you by giving them

importantly, the treasurer, has a strong background in

the information that they might need.

finance. They may not know the difference between

Depending on the situation or project, it may be

a financial year and a fiscal year or the difference

helpful to setup a walkthrough with a business partner

between accrual, modified accrual, and cash basis

to discuss the problem and how to arrive at a solution.

accounting. What managers should expect is that

Directors will appreciate the manager going the extra

they have a reasonable sense of business and cash in Continued on page 8

COMMON ASSESSMENT MAGAZINE

SPRING 2014

SUCCESS THROUGH SETTING EXPECTATIONS Continued from page 7

versus cash out. Managers can expect to

Managers’ Expectations of Business Partners Business partners are the keys to a manager’s success. Business partners help managers succeed and also make them look accomplished in front of boards and communities. Establishing relationships with business partners will also help create consistency within the community and provide a solid resource upon which the manager can rely. Most business partners want you to be able to rely on them, but what should a manager expect from them? Business partners must first bring value to their clients. For some, value can be a monetary amount. For others, it could be a customized service or product. For instance, a window washer who can operate a specialized swing stage will bring value to his or her client through expertise and efficiency. A manager must have confidence in a business partner. Business partners can gain a manager or board’s confidence by undergoing specialized training and obtaining industry certifications and designations. On the operational side, business partners must be readily available to the association’s manager. They must respond quickly and thoroughly to the needs of the manager and the association. The business partner must have strong morals and do what he or she believes is the right thing to do for their clients, profits aside. Be successful by building strong relationships with the right business partners.

work closely with boards that come from all financial backgrounds. Patience is key in educating the board on association accounting practices.

Support Boards will not automatically support their manager or management team right away. It would be reasonable to expect their support after gaining confidence. Prove to your directors that you are here to support them and in turn, they will support you. There is nothing more challenging than having a board not support its manager and take the side of the homeowner over you.

Final Thoughts Based on your community, what would be reasonable expectations for your board members? Try to set yourself up for success by going over your own expectations for your board. Keep in mind that the higher the expectations, the greater the chance that you will be disappointed and frustrated. Always keep in mind that board members are volunteers and are giving up their free time to make a difference in their community. Lastly, be sure to give thanks when thanks are due. We have to give praise to our volunteers to help keep them inspired. Their positions, much like a manager’s, is thankless yet critical for the success of the association.

Ryan Figley is the Assistant General Manager of The Infinity Owners Association, proudly managed by Action Property Management, Inc.

SPRING 2014

COMMON ASSESSMENT MAGAZINE

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COMMON ASSESSMENT MAGAZINE

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Setting the Bar for Performance Standards Board of Directorsâ&#x20AC;&#x2122; Expectations of Community Association Managers BY GORDON G. GILBREATH, M.A.

For some associations, one of the most overwhelming responsibilities that a board can assume is retaining a diligent manager and management company.Â Ironically, this task also happens to be one of the most important decisions a board will make for an association and its members. Continued on page 12

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COMMON ASSESSMENT MAGAZINE

SPRING 2014

SETTING THE BAR

company is in both the day-to-day

promptly advising the board

Continued from page 10

operations of the association, as well as

of delinquencies and taking

in handling its long-term issues. Past

action to collect delinquent

The manager is not only the

experience, however, has revealed just

association dues upon board

day-to-day operations liaison, but

how invaluable management’s role is

direction, preparing accurate

he or she is also the personal liaison

in an association’s ongoing success.

monthly financial statements,

between the members and board.

The manager and the management

preparing and submitting to

Because the two parties work closely

company are the oil that keeps the

the board an annual operating

together on almost a day-to-day

many working parts of an association

budget far enough in advance

basis, it is fundamentally important

functioning smoothly.

of the annual disclosure

to not only have a good professional

On the day-to-day level boards

period so the board can

relationship, but also to ensure the

depend on, and expect, the manager

comprehensively discuss the

manager and board have matched

to:

proposed budget and make any

personalities. Generally, the manager

• Obtain multiple bids for projects

changes, maintaining records in

is expected to be organized, prompt

for the board’s review and

an organized manner for future

and responsive to board and member

diligently and timely oversee

reference, and responding to

requests, in addition to being educated

the work and scheduling for

and handling owner document

on common interest development laws, an advisor, and a reliable resource for

numerous vendors.

inspection requests.

• Handle the financial affairs

association business.

• Frequently and promptly handle

of the association. This

onsite emergencies, i.e., an

includes, but is not limited to,

owner who has a pipe leak in

for my community association, I was

researching invoices to ensure

his or her unit should be able to

unaware of just how extensive the role

their accuracy, collecting all

call the management company’s

of the manager and the management

monthly association dues,

24-hour emergency number for

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COMMON ASSESSMENT MAGAZINE

immediate assistance.

• Interface with other owners and tenants who live in the

residents informed of ongoing

One of the most important jobs is

business, issues and concerns.

to oversee that vendor services are

problems and concerns and

performed properly and payments are

are needed, the manager is

communicate those concerns to

made to the vendors on a timely basis.

expected to assist in obtaining

On a long-term basis boards

• Be a communicator. As

• When maintenance and repairs

multiple bids and reviewing

depend on, and expect, the manager

them before they are brought

most members in community

to:

before the board. This reduces

associations are informed

• Be educated on frequently-

the amount of time the board

to direct their inquiries or

changing common interest

spends looking at proposals and

complaints to the manager,

development case law and

assists the board in making the

boards expect the manager

statutes, and able to inform

to relay those inquiries or

the board of its obligations

complaints to the board with a

and limitations in running the

arise based on the manager’s

suggested response based on

community.

experience.

the manager’s experience. The

one, which is vital to keeping

the voting process.

community to handle routine

the board.

provide the overall structure to

• Be a reliable resource for the

right decisions.

• Provide valuable input as issues

• Be proactive rather than

manager is also expected to

board’s questions on any

reactive and alert the board to

respond to member complaints

association-related issue,

situations that must be timely

and inquiries.

including but not limited to,

addressed. This can include

governing document limitations,

such things as planning for new

and maintenance and

landscaping before a season

construction requirements.

change or alerting the board to

• Write and publish a monthly

needed building repairs before

• Organize annual, regular, executive, special and emergency meetings and disciplinary hearings, assist with the election process and

newsletter, if the association has

there is a problem. Continued on page 14

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SETTING THE BAR

to make decisions for the board;

coordinator. Specifically, the manager

Continued from page 13

however, the manager is expected to

is expected to coordinate meetings,

provide reliable advice and direction

elections, vendors and contractors,

on board responsibilities within the

among other things, as well as act as

realistic budgets with the right

confines of the applicable laws. The

a liaison or coordinator for member-

amount of reserves available

manager is expected to follow-

requests as stated above.

for emergencies and unplanned

through and follow-up on agenda

expenses.

items and board decisions in advance

manager and the management

• Assist the board with creating

Generally, boards should expect the

In summary, it is clear that the

of meetings to ensure that business

company (e.g., accounting staff,

manager to be an advisor. Except as

operations keep moving. Boards

administrative staff and other support

may be authorized in the management

also expect the manager to be a

staff) are instrumental in ensuring

contract, the manager is not expected

an association is run smoothly and in accordance with the law and governing documents, while also

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Gordon G. Gilbreath is a financial advisor, and serves as a board member at a community association in Del Mar, California.

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A Four Way Test for Success BY SHERI WHITE-NEWTON

s an owner of a medium– sized management company and, also, a

working manager with a significant portfolio, I handle the continuing

Is it the truth?

Is it fair to all concerned?

education on a weekly basis for all managers in our office. Thus, I not only speak from experience but also as an owner that expects that our professional management team will tend to the needs of our many clients. Below you will find nine salient characteristics of a successful manager that will serve you well day in and day out in your career. Superior Court Judge Anthony Scalia stated in a “60 Minutes”

Is it beneficial to all concerned?

Does it build better relationships?

interview that when attorneys sit in front of him in the Supreme Court, he always looks for an attorney in a blue suit and someone whose papers are well organized on the desk. The take away: your appearance and organization give the first impression of being prepared, organized, and ready. First impressions, garnered in the first 3 seconds you meet someone, have a major impact on people’s perceptions. And perception drives behavior. Always be respectful of the people you serve whether or not they are respectful to you. Respect is the cornerstone of professionalism

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COMMON ASSESSMENT MAGAZINE

and initiating it with others is always

client can expect to hear back from

development is a community of

the correct approach with others.

you (or the specific person who will be

people and the basic building block of

If someone does not offer it back,

handling the situation). Your client will

society) extremely well!

remember: it is not about you!

appreciate and respect that.

Practice your craft repeatedly and

If you do not know the answer to

Be a Good Listener. Ben Franklin stated that “a good pair of ears

prepare yourself for each meeting or

a specific question, write it down and

will drain a hundred tongues.”

encounter. Abraham Lincoln, when

state that you will research and get

Listening is the cornerstone of

asked how he prepared for a meeting,

back to them at a specified time. It is

good communication and relays the

stated that 50% of his preparation was

much easier to say “I’m sorry, I do not

underlying feeling that you care. Once

based upon what others were going

know the answer to your question. I

it is perceived that you care, others will

to say and 50% of his preparation was

will check on that tomorrow and call

then listen to you!

given to what he was going to say.

you by Friday.” It is so much better

Good advice!

(and safer) than making it up on the

not only will achieve your professional

“fly”. You will eventually get caught

work goals, you will find deep

doing that!

satisfaction in the work and the clients

Never allow yourself to be cornered by someone – whether they are an owner, a board member or

Always Be Ethical. An easy

vendor – and forced to commit to

“Four Way Test” (taken from Rotary

something. All of your commitments

International) is: Is it the truth? Is it

are predicated upon the contract

fair to all concerned? Is it beneficial

between your company and the client,

to all concerned? Does it build

and furthermore, you should always

better relationships? This “Four-

make any commitment in full view of

Way Test” will always serve you and

the board of directors and the people

your clients (every common interest

If you try these suggestions, you

you serve! Try it!

Sheri White-Newton is the Operations Director for Castle Breckenridge Management, Inc.

you serve. A famous psychologist, the founder of psychological typology (the Myers Briggs Type Indicator), wrote a book entitled Say What You Mean and Mean What You Say. Once you have committed to doing something, always do it promptly. The client expects that, whether it is spoken or not. Never wash the “dirty laundry” of

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BY SUSAN FAKHOURI, CMCA, AMS, PCAM

Preserve Protect HOMEOWNERSâ&#x20AC;&#x2122; EXPECTATIONS OF THE BOARD

A community association consists of a group of homeowners who share an interest in common areas and wish to provide a communal basis for preserving, maintaining, and enjoying their property and investment. All homeowners automatically become members of the association when they purchase their home; this is a requirement to be a property owner in this type of development.

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COMMON ASSESSMENT MAGAZINE

board of directors governs a homeowners

documents and rules and regulations, and ensuring state

association and is elected by the members to

law compliance. Often times this is with the hired help of

act on their behalf. The board functions as the

a property management company, insurance agent, and

oversight, policy making, and approval body for the

attorney, and, 5) monitoring and managing the community

homeowners association. It must handle association

association’s financial condition. As you can see, many

responsibilities such as: 1) meeting the homeowners’

important business decisions rest in the board’s hands.

needs by maintaining the common area, 2) establishing an effective method for membership communication to the board, 3) timely scheduling required meetings and having a management plan intact, 4) enforcing the governing

Although a thorough understanding of the governing documents can be confusing to homeowners, after attending a board meeting or reading the community association’s newsletter, homeowners quickly learn what to expect from the elected board members. The homeowners on the other hand expect the board to understand the governing documents. After all, someone has to run the show to keep the association running as smoothly as possible. When in doubt, the board should consult with an attorney who specializes in community association law for governing document clarification if needed. The board’s duty is not to be taken lightly and they have a fiduciary duty to the homeowners. A “fiduciary duty” is to act for someone else’s benefit, while subordinating one’s personal interest to that of the other person. It is the highest standard of duty implied by law. (Black’s Law Dictionary). As a result, the homeowners should expect the board to maintain the community property and to hire qualified and credentialed business partners and contractors when needed. If the community association chooses to hire a property management company to assist with various tasks, the homeowners expect that the board will compare potential companies in order to get the professional management company that is best suited to meet their unique needs. An insured landscaper may need to be hired for regular lawn mowing services, or a preferred licensed plumber to fix the community water heater upon receiving knowledge of the needed repair. Work bids must be reviewed and considered by the board prior to signing contracts to make the most cost effective decisions. Also, the board should be expected to provide to the homeowners a community evacuation plan in case of a gas Continued on page 24 COMMON ASSESSMENT MAGAZINE | SPRING 2014

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Common Assessment mAgAzine

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Avram Insurance Agency Bald Eagle Security Services Barrera & Company

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Pacific Western Bank Pacific Western Painting Payne Pest Management Popular Association Banking Premier Property Banking Premier Roofing CA, Inc. Rayco Painting Roof King Roofing RSI Roofing SBS Lien Services Southern Cross Property Consultants Steven Smith Landscape, Inc. The Naumann Law Firm, PC The Termite Guy Three Phase Electric, Inc. U.S. Bank Vista Paint Western Gardens Landscaping, Inc. Western Towing WICR, Inc.

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TO BE or NOT TO BE A board of directors has many responsibilities to their association but some homeowners mistakenly think board members are also the association’s: THERAPISTS. The board is not put in place to provide counseling services to an individual homeowner having a dispute with another homeowner. Instead, both homeowners may request Internal Dispute Resolution (IDR) with the board to address their concerns if it means restoring a more peaceful living environment.

association. Homeowners anticipate that the board has a customized management plan which addresses timely tasks that need to be completed for proper operating of the community association. Homeowners should not be exposed to costly and unpleasant surprises because the board neglects proper community association management. Homeowners expect to be treated fairly and equitably by the board who was elected to enforce and adhere to the governing documents. For

THE POLICE DEPARTMENT. If criminal activity is occurring on the property which may cause harm to residents or result in property damage, for safety reasons the homeowner must contact the proper authorities immediately and notify the board of the occurrence as well.

example, if the CC&Rs clearly read

PSYCHICS. The board should not be expected to know about all needed repairs as soon as an element breaks down in the common area. Homeowners must notify the board and property manager as soon as a broken element is spotted to prevent a possible accident.

to paint his front door yellow, but

MAGICIANS. Who wants to hear that HOA fees are going up again? Unfortunately, the board cannot simply snap their fingers to make the cost of living increases stop. HOA fees must be increased to meet higher expenses and the board has the duty to maintain the HOA’s solvency at the “expense” of unhappy homeowners. Homeowners should review the HOA’s financial statements for a better understanding of the HOA’s financial position.

documents. Another example, which

APARTMENT LANDLORDS. Especially for self-managed HOAs, knocking on a board member’s door at 11 p.m. because someone is parked in the wrong space is not acceptable. As with other homeowners, the board members’ privacy should be respected and this matter should be dealt with by the homeowner or during business hours.

that all front doors must be painted white, and the board approves an architectural request from one member denies another members request to paint his front door blue, the board is in clear violation of its governing may be discriminatory, is if the board informs an owner that too many children are living in the unit and that he needs to move out. Homeowners anticipate that the board will abide by the law and the governing documents. Also, the board is expected to adopt reasonable rules that are not farfetched. The homeowners do not expect the board to adopt a rule stating big dogs are not allowed in

PRESERVE & PROTECT

the common area, but would expect a

Continued from page 19

leak, or other potential dangerous situation occurring on the property.

Community association business must take place during scheduled

Homeowners need to know

meetings. Homeowners look forward

how and where to report violations,

to meetings that are conducted in a

complaints, and what to do if they

structured businesslike manner, and

notice a broken sprinkler head, for

welcome the opportunity to participate

example. Maintenance request forms

as committee members for the

are often used to report needed

betterment of the community. Electing

repairs to the board. Therefore, the

a new board at an annual election

board has the duty to provide a means

meeting per the bylaws is mandatory

of communication for the homeowners

and allows for other members to add

which is organized and systematic.

fresh new ideas to the community

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COMMON ASSESSMENT MAGAZINE

rule to say dogs must be leashed at all times in the common area. Homeowners rely on the board to keep the community association “out of hot water” by purchasing enough insurance coverage to fully protect the community association. They also expect the board to immediately make repairs to the common area once it is reported to avoid serious injuries. What do you mean we are broke? As stated earlier, the board has the fiduciary duty to the members, which

includes regularly reviewing financial statements, adequately funding reserves per their reserve study, and approving the annual budget. When the board uses sound financial judgment and decision making, the homeowners can feel rest assured that a huge special assessment isn’t lurking in the wings. Overall, the homeowners have an investment in their community. They expect the board to act in their best interest at all times by adhering to the governing documents, state laws and just some good old fashion common sense.

Susan Fakhouri, CMCA, AMS, PCAM is a Common Interest Development Consultant.

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COMMON ASSESSMENT MAGAZINE

SPRING 2014

WORKING TOGETHER:

CAI Calfornia Legislative Action Committee and 45,000 Community Associations

The REAL Value of a Dollar CLAC’s “Buck a Door or More” Campaign

our California Legislative Action Committee has demonstrated the value of a dollar in the past year and is calling on all San Diego County community associations to join the 2014 Buck-A-

Door or More campaign in order to continue their effective, successful, efficient efforts in the coming year. This means condominiums and planned developments contribute one dollar per door in their community to CLAC. As an association member or manager, you are an integral part of your community – the level of government in our society that actually functions! As a volunteer statewide committee of the Community Associations Institute (CAI), the California Legislative Action Committee (CLAC) works to safeguard and improve the community association lifestyle by advocating a reasonable balance between state statutory requirements and the ability and authority of individual homeowners to govern themselves through their community associations. That is a mouthful, but our communities need our efforts and support to maintain the quality of life we expect. Here is the What, How and Why of CLAC: CLAC educates legislators about common interest development living and governance. Surprisingly, many people do not understand how associations function. This is important as we are asked to comply with ever-increasing demands from many regulators and legislation. CLAC is not

A Buck a Door or More Makes Sense!

a PAC (Political Action Committee), and makes no political contributions!

CAI-CLAC is working toward legislative solutions that are right for California homeowner associations with the ongoing and generous support of HOA communities across the state. Join CAI’s 2013 Legislative Action Committee of the Year and do your part by contributing a “Buck a Door or More” from your association.

constituents.

We focus efforts on advocating for the approximately 9,000,000 homeowners residing in more than 45,000 community associations throughout California. We appeal to legislators’ sensitivity to the large number of voters we represent, not purchasing favor as a PAC might. That is why you see calls to contact representatives about bills – it is far more efficient to show a senator we are concerned by communication from their Each chapter has committees that support CLAC with fundraising. In addition, those committees review and monitor legislation that may affect associations. CLAC employ a veteran lobbyist, Skip Daum, to testify at hearings and lobby (educate) the legislators in Sacramento. CLAC alerts associations and their managers about important proposed legislation. CLAC hosts a “Legislative Day at the Capitol” event each year to educate legislators and members. Importantly, CLAC organizes “grass-roots” efforts to communicate en masse with legislators over topics that are particularly important to community associations. CLAC has accomplished great things in the past year and needs to keep up the momentum. Through CLAC’s efforts, a new set of codes was adopted to regulate commercial and industrial common interest developments apart from the Davis-Stirling Common Interest Development

888.909.7403 www.caiclac.com 26

SPRING 2014

Act. CLAC also provided valuable input into bills that were necessary to revise the new Davis-Stirling Act (again!). Significantly, through CLAC’s efforts, a bill relating to electric vehicle charging stations was modified

COMMON ASSESSMENT MAGAZINE

to ensure that communities were not required to allow public use of charging stations installed for their homeowners. We live in a time where budgets are stretched thin. But a dollar per home can make a difference! The value CLAC offers comes back in multiples! The cost to your community would be enormous if a law with unintended consequences slips through. We provide that protective shield. Our continued efforts are necessary and require your support. We are asking that you take the Buck-a-Door or More pledge for all of our sakes! To financially support CLAC, visit www.caiclac.com.

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SPRING 2014

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 Alholm, Violet............................................... 11/13 Austin, Tavelle............................................... 11/13 Bagnai, Samuele........................................... 11/13 Bradley, Nickolas.......................................... 12/13 Bruno, Frank.................................................. 12/13 Business Computing Services..................... 11/13 Chapman, Chelsey....................................... 11/13 Colpean, Kevin.............................................. 10/13 Defreitas, Sean.............................................. 10/13 Dinckan, Ken................................................. 11/13

Gaitan, Kristine............................................. 10/13 GuardTop, LLC.............................................. 12/13 IntelliVote...................................................... 10/13 Johnson, Signe............................................. 11/13 Martin, Isela................................................... 12/13 Mirabelli, Andrew......................................... 11/13 Munoz, Hugo................................................ 12/13 Nicholas, Daniel............................................ 11/13 Republic Services Allied Waste................... 11/13 Riggs, Alana..................................................... 12/13

Schmid, Magaly............................................ 12/13 Simpson, Shari.............................................. 12/13 Singh Group Inc. dba Rightway Landscape ..... 11/13 Stevens, Esperanza....................................... 11/13 Vann, Dottie.................................................. 11/13 Venable, Carol............................................... 12/13 Walker, Craig................................................. 11/13 White-Newton, Sheri.................................... 12/13 Wiltshire, Heather......................................... 12/13

Fisk, CMCA, Loren............................................2009 Fitzgerald, Heidi................................................2013 Fowlie, Alex.......................................................2008 Gardner, Jan......................................................2011 Goodrich, CCAM, CMCA, AMS, Daniel.........2004 Groenewold, CMCA, AMS, PCAM, Rebecca..2005 G.R.G. Management, Inc.................................2010 Green Horizons Landscape and Maintenance, Inc...............................................2011 Green Valley Landscape & Maintenance, Inc....2008 Guerara, Daniel.................................................1999 Haney Accountants, Inc....................................2009 Heaviland Enterprises, Inc...............................2011 Heidrich, Sandra................................................2008 Heiskell, PCAM, Ned........................................2009 Hidalgo, CMCA, Fran.......................................2011 Howe, CMCA, Ti...............................................2011 Hudson, Melanie...............................................2010 Huffman, Don....................................................1982 Huffman, Yvette.................................................2011 Ian H. Graham Insurance..................................2004 Jardin, Bill...........................................................2008 Joel M. Kriger, APC..........................................1984 Johnson, CMCA Kimberly...............................2005 Kerl, Don............................................................2012 Kindig, Pamela..................................................2010 Knobloch, Gail...................................................1982 Korody, Amber..................................................2006 Krstich, Grace....................................................2001 Law Office of Laura Kwiatkowski.....................1993 Lloyd, Alicia........................................................1999 Marchetti, Susan................................................2005 Marrinan, Corinne.............................................2011 Mays, Traci.........................................................2010 Menas Realty Company...................................1985 Mercer, Christina...............................................2012 MeterNet...........................................................2011 Morgan, Rachel.................................................2012

Morning View Associates, LLC........................2006 Morrisey, CMCA Patrick...................................2009 Nickell, Melodie................................................2013 OCBS, Inc...........................................................2006 Osborn, Jim.......................................................2009 Pacific Coast Construction & Water Proofing Inc............................................2012 Pacific Western Bank........................................2004 Parker Dodson, Cynthia...................................2012 Penzes, PCAM, Peter........................................2005 Performance Elevator Contractors, Inc..........2009 Popular Association Banking...........................2005 Prater Architects, Inc.........................................1998 R&D Pest Services, Inc......................................2009 Rey Insurance Services, Inc..............................2010 Roy Palacios Insurance Agency, Inc................2005 Rudnick, Michael...............................................1999 Sanford, Sandy..................................................2009 Serafine, Ron.....................................................1982 Shaules, Tom......................................................1999 S.H.E. Manages Properties .............................2005 Silverado Community Management Services..............................................................1996 Southern Cross Property Consultants............2012 Stewart, PCAM, William...................................2005 Surette, CMCA, AMS, Cami............................2007 Taylor, CMCA Erika...........................................2010 Thrasher, CMCA, Susan....................................2009 Toporek, Helen..................................................2012 Treebeard Landscape.......................................2006 Trejo, AMS, Mario.............................................2005 Urban Tree Care, Inc.........................................2003 Valle, Dee...........................................................2011 Walters, CMCA, AMS, Dawn...........................2005 Weihe, Douglas.................................................1999 Zumbahlen, Michael.........................................1999

RENEWING MEMBERS A. McKibbin & Co.............................................1997 Able Restoration...............................................2007 Afkhami, CCAM, PCAM Sabrina.....................2006 Alante/MCS Insurance Services......................2009 Allan B. Needham Insurance...........................2012 Alfaro, Eugene...................................................2010 Alpine Fence, Inc..............................................2011 Alvarez, Samantha.............................................2010 Aquaspecs, Inc..................................................2001 ARK Management.............................................2010 Artistic Maintenance, Inc..................................2005 Association Reserves San Diego, LLC............2008 AT&T Connected Communities......................2011 Bald Eagle Security Services, Inc....................2009 Barnett, CMCA, AMS, Kristen.........................2010 Berg Insurance Agency....................................2003 Bigelow, PCAM Julie........................................2009 Bob Piva Roofing..............................................2009 Borrelli, Jana......................................................2012 Bovet, Linda.......................................................2001 Braddy, CMCA, Dawn.......................................2008 Brennan, CMCA, Nicholas...............................2009 Brewster, CMCA, AMS, PCAM, Kelley............2009 Champagne, Dorothy.......................................2009 CID Insurance Programs, Inc...........................1996 Clean Earth Restorations..................................2008 Cohen, Victoria..................................................2005 Cruz, John..........................................................2012 DAPA Janitorial Service....................................2007 Demoranville, David.........................................2013 Dolnick, Sam......................................................1990 Donaldson, Robert............................................1992 Donovan, Marie.................................................2000 Douglas, Monique............................................2012 Duramax Building Products.............................2011 Edmonds, Tweet...............................................2008 ePipe Restoration, Inc......................................2003 Fenton, Grant, Mayfield, Kaneda & Litt, LLP...2001

October/November/December 2013 28

SPRING 2014

COMMON ASSESSMENT MAGAZINE

New Statutory Scheme for Commercial and Industrial Common Interest Developments by Lauri Croce, Attorney at Law

roperty owners in a commercial or industrial common interest development are, and always have been,

Exemptions From Residential Davis-Stirling Act Continued in or Added to the C&I CID Act The former Davis-Stirling Act contained § 1373, rewritten

subject to CC&Rs the same way that homeowners

are in their residential communities. However, as of January

as § 4202. Prior to enactment of the C&I CID Act, § 4202

1, 2014, commercial and industrial developments are no

listed requirements from which commercial and industrial

longer governed by the Davis-Stirling Common Interest

common interest developments were exempted. Effective

Development Act, Civil Code §§ 4000-6150, itself entirely

January 1, 2014, § 4202 has been amended to state simply

revamped effective January 1, 2014. Now, commercial and

that the Davis-Stirling Act “does not apply to a commercial

industrial developments have their own statutory scheme

or industrial common interest development”, as defined in

known as the Commercial and Industrial Common Interest

§ 6531. Here is a list of the requirements under the C&I CID Act

Development Act (C&I CID Act) set forth at Civil Code §§ 6500-6876. The C&I CID Act applies “only to a commercial or

as to which commercial and industrial developments are exempt:

• Record Notice of Agent to Receive Payments (Civil

industrial common interest development as one that is

• Notice of Airport in Vicinity (Civil Code § 4255).

“limited to industrial or commercial uses by law or by a

• Reduce Percentage to Amend CC&Rs (Civil Code §

industrial common interest development.” Civil Code

Code § 4210).

§ 6582(a). Civil Code § 6531 defines a commercial or

4275).

declaration of covenants, conditions, and restrictions that has been recorded in the official records of each county in which

• Transfer Disclosures (Civil Code §§ 4525-4545).

the common interest development is located.” While the

• Approval of Transfer of Common Area (Civil Code §

with the residential statutory scheme in a few respects, it

• Fire Retardant Roofing (Civil Code § 4720).

varies substantially in others in continued recognition by

• Rental Restrictions (Civil Code § 4740).

the legislature of the presumed greater business acumen of

• Architectural Review and Decision Making (Civil Code

• Use of Parliamentary Procedure at Meetings (Civil

purposes of the two statutory schemes also means that

• Election Rules (Civil Code § 5100, et seq.)

mixed-use projects containing both residential units and

• Budget & Collection Disclosures (Civil Code § 5300 et

4600).

new commercial and industrial statutory scheme coincides

§ 4765).

commercial and industrial owners and the reduced need for consumer protection of such owners.

Code § 5000).

Note that the definition in Civil Code § 6531 and the

seq.)

businesses are governed by the more protective DavisStirling Act.

• Managing Agent Disclosures (Civil Code § 5375). Continued on page 30

COMMON ASSESSMENT MAGAZINE

SPRING 2014

C&I CID ACT Continued from page 29

• Reserve Study Requirement (Civil Code §§ 5500-5560).

• Assessment and Reserve

the C&I CID Act warranting comment

developments need not follow

when compared to the residential

Civil Code § 5240 and § 5200,

Davis-Stirling Act. These include the

et seq. to provide association

following:

records, but they are still

subject to Corporations Code §

Funding Disclosures (Civil Code

the prevailing party generally

§ 5570).

is not found in the C&I CID

developments is different

new Act providing for the

from that for residential

and Protections (Civil Code §

recovery of attorneys’ fees - §

developments. There is a new

5800, et seq.)

6606(d) (action to remove

category for liens recorded

discriminatory provisions);

after January 1, 2014. Pre-lien

for Assessments (Civil Code §

§ 6702(c) (action to allow

letter need not reference IDR

5625).

flying of flag); § 6708(d)

and ADR, or meetings with

(enforcement of antenna and

the board regarding payment

Assessments First (Civil Code §

satellite dish rights); § 6713(k)

plans. Assessment increases

5665).

(enforcement of electric

are not limited as in the Davis-

charging station rights); and §§

Stirling Act. Defaults may be

6808 & 6812 (collections).

declared prior to fifteen days.

• Property Tax Value as Basis

• Application of Payments to

• Collections and the lien process

number of provisions in the

• Directors & Officers Insurance

for commercial and industrial

(Civil Code § 5600(b)).

8330.

Act. However, there are a

• Restriction on Excessive Fees

• Attorneys’ fees awarded to

• IDR and ADR (Civil Code § 5900-5920 and §§ 5925-5965).

Other Features of the C&I CID Act In addition to the exemptions set forth above, there are other features of

• The new “Annual Policy

Late fees are not limited to

Statement” requirement of Civil

10% or $10. There is no waiting

Code § 5310 is not contained in

time for interest to accrue on

the C&I CID Act.

a delinquency; but interest is

• Commercial and industrial

limited to the legal 10% rate and not allowed to be 12% as in the Davis-Stirling Act. And there are more limited requirements for invalid liens than in the DavisStirling Act (Civil Code § 6800 et seq.)

• Disciplinary proceedings are not subject to express due process requirements, but due process remains an important feature of the C&I CID Act by virtue of the Corporations Code.

• Two of the new notice and delivery statutes in the DavisStirling Act, Civil Code § 4035 (delivery to association) and §

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

4040 (individual notice), are contained in the C&I CID Act, at Civil Code § 6512 and § 6514, respectively. However, § 6514

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specifies certain documents to be delivered by individual delivery, whereas § 4040 does

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SPRING 2014

COMMON ASSESSMENT MAGAZINE

not.

• There is no provision for

“general notice” (Civil Code § 4045) in the C&I CID Act; nor is there a secondary address provision. But Civil Code § 4050 (regarding

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CAI-SAN DIEGO GOLD MARKETING PLAN MEMBER

determination of time of delivery) and § 4055 (electronic delivery) are contained in the new Act (Civil Code § 6518 and § 6520, respectively).

• There are no “open meeting act” requirements in the C&I CID Act, but again, the Corporations Code, § 211, contains meeting rules.

• The C&I CID Act does not contain provisions for changing operating rules, but does contain definitions of operating rule (Civil Code § 6630) and a requirement that rules be valid and enforceable (Civil Code § 6632).

• The pet provision of Civil Code § 4715 applies to pets on site prior to January 1, 2014 (Civil Code § 6706). There are now two statutory

schemes applicable to common interest developments – one for residential developments (and mixeduse), and one for commercial and industrial developments. While the two are similar, they have substantially varying features requiring particular attention be paid.

Lauri Croce, Attorney at Law, practices throughout Southern California representing a variety of clients in common interest development and real estate matters.

For 33 years, AV Builder Corp (AVB) has provided the most comprehensive repair and restoration services to homeowner association (HOA) communities and established itself as an industry leader. Owner and President Tony Madureira started AVB in 1981 while attending San Diego State University. What began as a small, specialized contracting company with just two employees eventually grew into a full-service general contracting firm with over 150 employees, making it the largest in-house workforce in the Southwest. The company holds licenses in California, Arizona, and Nevada. AVB serves every style of property including mid-rise and highrise condominiums. The company has five divisions: Reconstruction, Destructive Testing (Restorcorp your SB800 Expert), Mold, Maintenance and Emergency Water Damage Restoration. Each division has the ability to work separately or in concert with one another. Each of AVB’s specialized services is designed around the ability to perform extensive work on inhabited units. Over 100 years of experience and a history of quality work is what sets AVB apart from the competition, making them a leading specialist in Community Restoration. They make their customers a priority, especially those in the community association industry. When it comes to performance, AVB brings a wealth of knowledge and expertise, not just at the management leve,l but also through their skilled and certified tradesmen. Over 50% of the company’s personnel, both office and field employees, have worked with AVB for at least 15 years and are recognized for their outstanding achievements. Experience blended with savvy is a powerful combination when it comes to achieving any goal and an essential part of the reconstruction industry. AVB’s client base is extremely diverse, as is their approach to each project they perform. Solving problems and keeping homeowners, board members, and managers happy is what the AVB team does every day. AVB is a proud member of CAI chapters throughout California, Arizona, and Nevada. Since the company’s first CAI San Diego membership in 1994, they’ve seen first-hand the invaluable commitment CAI shows their members.

Thank you to AV Builder Corp for their ongoing support of CAI San Diego as a 2014 Gold Marketing Plan sponsor. COMMON ASSESSMENT MAGAZINE

SPRING 2014

SAVE THE DATE!!

FIRE&ICE

May 30, 2014 Sheraton Harbor Island Grande Ballroom 6:00 – 11:00 pm Semi-Formal/Cocktail Attire

Jump into Membership! Get Involved in a CAI-San Diego Committee

peaking of great expectations... what should members expect from Community Associations Institute (CAI) membership? Whether a member’s overall goal is education, sharing resources, or promoting a company brand, getting involved in CAI’s committees is a great way to jump into the San Diego Chapter. Here’s a list of the 2014 CAI committees to consider joining:

Business Partner Committee

CAI San Diego’s Business Partner Committee works to coordinate events that benefit and support the Chapter’s business partners. This committee is open to business partner members only.

California Legislative Action Committee (CLAC) Fundraiser Committee

This committee assists the Legislative Support Committee (LSC) by hosting a yearly fundraising event, contributing to the largest advocacy organization in the United States. This year’s summer event will be a Craft Beer Night at Stone Brewery - Liberty Station.

Education Services Committee

From creation to implementation, CAI’s Education Services Committee is responsible for the Chapter’s many education seminars. These include Trade Shows and Morning Educational programs.

Golf Classic Committee

Got game? CAI’s Golf Classic Committee is responsible for organizing the 2014 September Golf Tournament.

SPRING 2014

COMMON ASSESSMENT MAGAZINE

Legislative Support Committee

This committee is directly involved with supporting the actions of both CLAC and CAI’s Board of Directors and strives to maintain a clear line of communication with both groups regarding community associations.

Magazine Committee

The magazine committee is responsible for the organization and collaboration of the Chapter’s quarterly magazine, Common Assessment.

Manager Designation Committee

Members of the Manager Designation Committee work to provide educational opportunities for community association managers wanting to learn more about CAI Manager designations, including the PCAM. This committee is open to manager members only.

Marketing & Public Relations Committee

CAI San Diego’s Marketing and Public Relations Committee aims to promote the Chapter’s image, educational programs, and membership events through the use of local media.

Membership Committee

Like all associations, CAI San Diego thrives on the support and dedication of its members. The Membership Committee works to promote and encourage CAI membership as well as member retention. Found a committee that suits your skillset? Download and complete the Committee Interest Form found at www. cai-sd.org and return it to the local chapter office.

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RESPECT. If you can give others respect and expect it in return, you can help keep board discussions civil, productive and on point. We’re looking for people who can lead by consensus, not by command. GOOD LISTENING. People want to be heard. Can you listen to board members and residents with sincere interest? You may have a few ideas of your own, but everyone benefits by sharing and discussing. THICK SKIN. Sometimes, residents – even other board members – can be mean and insulting. Are you good at turning a conversation around and finding out what’s really bothering people? EGOS ASIDE. If you can give others credit, the board will operate better as a team. AGENDA ASIDE. Members who come to the board looking to help only themselves are a problem. A board is more productive when members don’t have a personal punch list. Are you able to look after the community, not just your own interests? Are you willing to compromise? SKILL. An association is a business. So having board members with accounting, organizational behavior and teambuilding backgrounds can help. Someone with a financial background, for example, might make for a good treasurer. The ideal board comprises a mix of management styles, professional skills and temperaments. If you know people with some of these traits or relevant skills, ask them if they’d be interested in joining the board. Some people don’t think about running for a seat unless asked. You don’t have to know everything when you join, but you should be familiar with the governing documents and the responsibilities of the job. Fellow board members and managers can help you with the transition and train you on board responsibilities, current work, projects and hot issues. Leaders can come from different places and backgrounds. There’s no one mode that fits all. Share your knowledge and passion with the community.

COMMON ASSESSMENT MAGAZINE

Newstand H.R. 3370 HOMEOWNER FLOOD INSURANCE AFFORDABILITY ACT PASSES HOUSE

n March 4, 2014, the U.S. House of Representatives passed H.R. 3370, the Homeowner Flood Insurance Affordability Act by a vote of 306-91. H.R. 3370 will go back to the Senate for a vote and then to the President for signature. The legislation seeks to control some premium increases in the national flood insurance program (NFIP) that would have become burdensome to homeowners after the elimination of existing federal subsidies implemented by the BiggertWaters Flood Insurance Reform Act of 2012. H.R. 3370 protects tax-payers by assessing a surcharge to homeowners with flood insurance policies that have not meet actuarial rates. The U.S. Senate had earlier passed S. 1926 which sought to delay NFIP increases for a four year period. Sen. Robert Menendez, (D-NJ), along with other key senate supporters, has stated that they would accept the House version of the bill. The House version caps average annual premium increases at 15 to 18 percent and would permit subsidies for insurance rates that are based on current flood maps. It would also provide retroactive refunds for people who have had large flood insurance rate increases due to the sale or purchase of a home. The House bill also requires FEMA to notify communities and members of Congress of remapping as well as models used in the mapping process. And it includes assessments on property owners to build up an NFIP reserve fund.

Bill Summary Senator Menendez, who has been a proponent of affordable flood insurance and disaster coverage for community associations has indicated that he is working with congressional leadership to ensure passage of the bill as well as adequate relief to homeowners. His office provided the following bill summary below:

Prevents Skyrocketing Rate Increases • Creates a firewall on annual rate increases – Prevents FEMA from

raising the average rates for a class of properties above 15% and from raising rates on individual policies above 18% per year for virtually all properties. • Repeals the property sales trigger – Repeals the provision in BiggertWaters that required homebuyers to pay the full-risk rate for pre-FIRM properties at the time of purchase. This provision caused property values to steeply decline and made many homes unsellable, hurting the real estate market. Under the Menendez/ Grimm Bill, homebuyers will receive the same treatment as the home seller. Continued on page 36

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COMMON ASSESSMENT MAGAZINE

SPRING 2014

NEWSTAND Continued from page 35

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• Repeals the new policy sales trigger – Repeals the provision in Biggert-Waters that required pre-FIRM property owners to pay the full-risk rate if they voluntarily purchase a new policy. This provision disincentivizes property owners from making responsible decisions and could hurt program participation. The Menendez/ Grimm Bill allows pre-FIRM property owners to voluntarily purchase a policy under preFIRM conditions. • Reinstates grandfathering – Repeals the provision in Biggert-Waters that would have terminated grandfathering. If grandfathering was terminated, property owners mapped into higher risk would have to either elevate their structure or have higher rates phased in over 5 years. The Menendez/Grimm Bill allows grandfathering to continue and sets hard caps on how high premiums can increase annually. • Refunds homeowners who overpaid – Requires FEMA to refund policyholders for overpaid premiums. • Affordability goal – Requires FEMA to minimize the number of policies with annual premiums that exceed one percent of the total coverage provided by the policy.

FEMA Transparency and Outreach Requirements • Reimburse successful appeals – Allows FEMA to utilize the National Flood Insurance Fund to reimburse policyholders and communities that successfully appeal a map determination. FEMA currently has the authority to reimburse successful appeals of map findings, but Congress has never appropriated funding for this purpose. Making appeal reimbursement an eligible expense of the NFIF would give FEMA the incentive to “get it right the first time” and repay homeowners and communities for contributing to the body of flood risk knowledge, according to backers. • Flood insurance advocate – Establishes a Flood Insurance Advocate within FEMA to answer current and prospective policyholder questions about the flood mapping process and flood insurance rates. The advocate 36

SPRING 2014

COMMON ASSESSMENT MAGAZINE

will be responsible for educating policyholders about their individual flood risks, their options in choosing a policy, assisting property owners through the map appeals process, and improve outreach and coordination with local officials, community leaders, and Congress. • Urban mitigation fairness – Requires FEMA to establish guidelines on alternative mitigation methods for urban structures where tradition mitigation efforts such as elevation are impractical, i.e. rowhouses in Hoboken. This section makes clear that such alternative forms of mitigation shall be taken into account in the calculation of risk premium rates. • Clear communication – Requires FEMA to clearly communicate full flood risk determinations to policyholders even if their premium rates are less than full risk. This helps to inform policyholders as to their true flood risk. • Fairness for small businesses, houses of worship, non-profits and low-income homes – Requires FEMA to report to Congress on the impacts of rate increases on small businesses, non-profit entities, houses of worship, and residences with a value equal to less than 25% of the area median home value. If FEMA determines there is an effect on affordability for these properties, it must provide recommendations to Congress within 3 months after making the determination. • Mapping accuracy – Requires FEMA to certify its mapping process is technologically advanced and to notify and justify to communities that the mapping model it plans to use to create the community’s new flood map are appropriate. Also requires FEMA to send communities being remapped the data being used in the mapping process.

that provide the basis for the change, providing consumers with greater transparency. If you have any questions or comments regarding the House amendment to H.R. 3370 or changes to federal flood insurance, please contact CAI Government Affairs at government@caionline.org or (888)ssl_CAI_0210:Layout 224-4321. 1 1/19/10

CAI Government Affairs represents the interests of the 62.5 million people living and working in America’s community associations on legislative and regulatory issues at the local, state, and federal level of government.

10:23 AM

Page 1

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• Notification – Requires FEMA, at least 6 months prior to implementation of rate increases as a result of this Act to make publicly available the rate tables and underwriting guidelines COMMON ASSESSMENT MAGAZINE

SPRING 2014

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ACCOUNTANTS Sonnenberg & Company Leonard Sonnenberg................ 858-457-5252 fax 858-457-2211 lens@sonnenbergcpas.com www.sonnenbergcpas.com Please see our ad on page 22 Michael J. Ferrara Michael Ferrara......................... 619-698-4291 fax 619-698-3937 mjfcpa@juno.com Please see our ad on page 39

ATTORNEYS CONTINUED

FINANCIAL SERVICES

Law Offices of Richard Salpietra Rick Salpietra, Esq. .................. 858-756-2233 fax 858-759-9938 rsalpietra@salpietra.com www.salpietra.com Please see our ad on page 13

Mutual of Omaha Bank / CondoCerts Brendan Concannon................. 619-961-6346 fax 888-493-1973

BACKFLOW Pacific Backflow Company, Inc. Bill Coulter ................................ 800-603-4467 fax 760-639-4005 bill@pacificbackflow.com www.pacificbackflow.com Please see our ad on page 17

COMMUNITY ASSOCIATION MANAGEMENT Associated Professional Services Neal Chazin......................619-299-6899 x101 fax 619-299-8242 nchazin@apsmanagement.com www.apsmanagement.com Please see our ad on page 39

ASPHALT REPAIR/PAVING

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Pacific Western Bank Susan Abubo............................. 760-432-1335 fax 760-432-1339 sabubo@pwbonline.com www.pwbonline.com Please see our ad on page 14 Popular Association Banking Larry Hooper.............................. 714-864-5171 fax 714-864-5190 lhooper@bpop.com www.bpop.com Please see our ad on page 25 Union Bank HOA Services Tracy Stephens.......................... 866-210-2333 fax 866-401-2911 tracy.stephens@unionbank.com HOAbankers.com/Smartstreet.com Please see our ad on page 33

Curtis Management Company, Inc. AMS Paving Patrick S. Campbell, CCAM....... 877-587-9844 INSURANCE Liz WIlliams................................ 800-357-0711 fax 858-587-9972 fax 888-357-0715 pcampbell@curtismanagement.com Berg Insurance Agency liz@amspaving.com www.curtismanagement.com Kimberly Lilley, CMCA, CIRMS www.amspaving.com Please see our ad on page 9 800-989-7990 ext. 230 Please see our ad on page 12 fax 949-540-0218 PCM of California, Inc., CMF kimberly@BergInsurance.com Jim Fraker, PCAM..................... 760-918-8045 www.BergInsurance.com ATTORNEYS fax 760-603-9156 Please see our ad on page 25 jfraker@pcminternet.com Community Legal Advisors Inc. www.pcminternet.com Madeline Orey ......................... 760-529-5211 Please see our ad on page 14 LANDSCAPE MAINTENANCE and/or fax 760-453-2194 CONSTRUCTION madeline@AttorneyforHOA.com Walters Management www.AttorneyforHOA.com Pacific Green Landscape, Inc. Joe Farinelli, PCAM.................. 858-495-0900 Please see our ad on page 23 Stephanie Lundstrom............... 619-390-9962 fax 858-495-0909 fax 619-390-0865 jfarinelli@waltersmanagement.com Epsten Grinnell & Howell, APC stephanie@pacificgreenlandscape.com www.waltersmanagement.com Jon H. Epsten, Esq. ................. 858-527-0111 www.pacificgreenlandscape.com Please see our ad on page 35 fax 858-527-1531 Please see our ad on page 15 jepsten@epsten.com www.epsten.com Steven Smith Landscape ELECTION & VOTING SERVICES Please see our ad on page 5 Gigi Golden-Smith.................... 760-745-9916 IntelliVote fax 760-745-1982 Rick Salpietra, Esq..................... 858-759-8855 ggolden@stevensmithlandscape.com Greco Traficante Schulz & Brick, APC fax 858-759-9938 www.stevensmithlandscape.com Peter Schulz, Esq. ..................... 619-234-3660 rick@IntelliVote.net Please see our ad on page 37 fax 619-234-0626 www.IntelliVote.net pjs@gtlaw.cc Please see our ad on page 9 www.gtlaw.cc MOLD & DRY ROT REMEDIATION Please see our ad on page 15 Kriger Law Firm Janet Wilcox. ............................ 619-589-8800 fax 619-589-2680 jwilcox@KrigerLawFirm.com www.KrigerLawFirm.com Please see our ad on page 33

SPRING 2014

FENCING/GATES GB’s Fence Co. George Castro........................... 619-585-1184 fax 619-575-1606 gbfence@att.net Please see our ad on page 23

COMMON ASSESSMENT MAGAZINE

Carini’s Cleaning & Restoration Louis Carini................................ 619-226-0579 fax 619-266-2570 cariniclean@gmail.com Please see our ad on page 37

PAINTING CONTRACTORS Pacific Western Commercial & Residential Painting Tony Hady.................................. 760-468-3933 fax 760-645-7200 info@pacwestpainting.com www.pacwestpainting.com Please see our ad on page 15

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 27

ROOFING Premier Roofing CA, Inc. Sid Scott..................................... 619-667-4565 fax 619-667-1281 sids@premierroofingca.com www.premierroofingca.com Please see our ad on page 27

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