Common Assessment Winter Issue

Common WINTER 2010

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

Bringing Your Community Together SHOULD VOLUNTEER WORKERS help to build your community? page 10 Having trouble finding a business partner? It's time to get CREATIVE page 17 RAISING THE BAR on managing liquor liability page 20

COMMON ASSESSMENT MAGAZINE • WINTER 2010

1

2011 EVENT CALENDAR All dates, times and locations subject to change. Please visit our website, www.cai-sd.org, for an updated calendar.

J A N UARY

13-15

20-22

Community Association Law Seminar Las Vegas, NV PMDP M-100 Course The Essentials of Community Association Management

APRIL 10-11

TBA

MAY

4-7

F E B RUARY 4

Trade Show Legal Update 2011 DoubleTree Hotel, Mission Valley

26

Essentials of Community Association Volunteer Leadership – Courtyard by Marriott

M A R CH 2

Morning Educational Program Earthquake Preparedness Courtyard by Marriott

11

Bowling Tournament

25

CID Law Course Courtyard by Marriott

11

Legislative Day at the Capitol Sacramento, CA Annual Educational Conference Location & Topics TBA

CAI National Conference Boca Raton, FL Morning Educational Program ADR/IDR Courtyard by Marriott Monte Carlo Night Location TBA

10

Trade Show Going Green in HOAs DoubleTree Hotel, Mission Valley

23-25

CEO-MC Retreat – Salt Lake City, UT

31-April 1 M-206 Course

2

15

Morning Educational Program Getting the Most Out of Your CAI Membership Courtyard By Marriott

AUGUST

TBA

JUNE

J U LY

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

OCTOBER 7

22

Trade Show New Technology: There’s an App for That!

DoubleTree Hotel, Mission Valley Essentials of Community Association Volunteer Leadership Courtyard by Marriott

TBA

Day at the Races – Del Mar Race Track

26

Trade Show Cybercrime/ Embezzlement Embezzlement

NOVEMBER

4

Morning Educational Program Almost Free Legal Advice

SEPTEMBER

D E C E M B E R

TBA

14-18

23

30

CAI San Diego Golf Classic Location TBA Large Scale Managers Workshop – Seattle, WA Morning Educational Program Employment Law This course is part of a series of programs for experienced managers and Management Company CEOs Courtyard by Marriott CID Law Course Courtyard by Marriott

9

Courtyard by Marriott

Holiday Award Banquet Luncheon & Trade Show DoubleTree Hotel, Mission Valley

Contents Features 7 Bringing Communities Together – One Activity at a Time

BY JEAN MARIE SALVIA, CCAM, PCAM

10 Should Volunteer Workers Help to Build Your Community?

page 10

14 How to Achieve Quorum for an Annual Meeting

BY JAY HANSEN, ESQ.

Departments

BY TINA ROZYCKI, CMCA

17 Having Trouble Finding a Business Partner? Time to Get Creative!

BY LESLEY FINCH, PCAM

4 President’s Message

BY CHRIS HODGE, PCAM

16 CLAC Donations Honor Roll 24 Renewing Members 28 Newsstand 31 Homeowners Corner Budgeting Need Not be a Chore: Help is Available

BY SAM DOLNICK

BY JODI A. KONORTI, ESQ.

37 The Proper Care and Nurturing of our Business Partners

22 September Golf Tournament

34 September 10 Morning Educational Program 39 August 2010 Day at the Races 40 Service Directory 42 August 2010 Trade Show

32 2010 Key Bill Status Summary 20 Raising the Bar on Managing Liquor Liability: Potential Risks and Risk Management Measures

Chapter News

42 What’s New in San Diego IFC 2011 Chapter Event Calendar .

OBC 2010 Marketing Plan

BY SHARYN EDWARDS, CMCA

page 22

COMMON ASSESSMENT MAGAZINE • WINTER 2010

3

PRESIDENT’S

MESSAGE

End of Year Thoughts

Common EXECUTIVE COMMITTEE CHRIS HODGE, PCAM...................................... PRESIDENT Elite Community Management CYNDI KOESTER, PCAM........................ PRESIDENT ELECT Mutual of Omaha Bank LOUISE STETTLER.....................................VICE PRESIDENT Epsten Grinnell & Howell, APC

I Chris Hodge, PCAM is a Community Association Manager Member who has worked at Elite Community Management for the past 15 years. He holds the designation of PCAM through the Community Associations Institute.

Mr. Hodge is the 2010 President of the CAI San Diego Chapter.

He previously served on the Board of Directors for six years and was the Chapter President in 2002.

He has served on various committees and is also a director of the Baker/ Dolnick Education Foundation.

4

am very grateful for the opportunity to have served you this year and I feel very fortunate to have worked with a terrific group of enthusiastic and willing volunteers.

I have no doubt that the volunteers, first-timers and experienced alike, made this a very successful and enjoyable year for me.

My sincerest thanks goes out to the Chapter’s Board of Directors, one of the best I have ever seen! I have been impressed by this group of people who have worked so well together for a common cause. Thank you for your support of the Chapter and all your endless hours of work to make it better. I really appreciate your efforts!

I must also thank the Committee Chairpersons and Committee Members who gave their time to help this Chapter achieve success in 2010. Thank you to Jim Fraker Chair of Billiards Tournament in March, Gigi GoldenSmith and Cheri Moulton Co-Chairs of Day at the Races in August, Char Garrow Chair of the Golf Tournament in September, and Willie Payne Chair of Monte Carlo Night in May. I would also would like to thank John Van Blerck and Julie Villelli, Co-Chairs of Community Relations Committee, Elaine Gower Chair of Education Services Committee, Cyndi Koester Chair of Magazine Committee, Andrew Feslburg, Joanna LaBahn and Bruce Rosenblatt Co-Chairs of Membership Committee, Kimberly Lilley Chair of Legislative Action Roundtable and Sam Dolnick Chair of Homeowners Roundtable Committee. Special thanks to Kristine Gaitan for producing such a wonderful year of Magazines and our fantastic Annual Membership Directory!

In December, I will have the opportunity to honor all Chapter volunteers at the Annual Awards Banquet. I hope you will join me at this event on Friday, December 3rd as we kick off the holiday season and honor those who have served our chapter this year.

It is with some sadness, and… well…some relief, that I leave this Chapter as President in December and turn my responsibilities over to President-Elect Cyndi Koester. I have learned a lot, had a lot of fun and I will miss it. Good luck Cyndi!

And if you haven’t already… please take a moment to visit our newly redesigned website, www.cai-sd.org.

Thank you for the opportunity to serve you! I look forward to seeing you all at the upcoming programs and events!

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

TINA ROZYCKI, CMCA..................................... TREASURER Curtis Management MARIE DONOVAN............................................ SECRETARY Homeowner DIRECTORS DAVE ABRAMS... Community Association Manager Member JIM FRAKER, PCAM..... Professional Community Management ELIZABETH FRENCH, ESQ........... Green, Bryant & French, LLP ELAINE GOWER........................................................Homeowner BECKY GROENEWOLD........................................................... PCM KIMBERLY LILLEY, CMCA, CIRMS....Berg Insurance Agency, Inc. JASON PAYNE..................................Payne Pest Management RICK SALPIETRA, ESQ......... Law Offices of Richard Salpietra KARINA TATUM...................... SD Preferred Property Managers

CHAPTER EXECUTIVE DIRECTOR BARBARA OZENBAUGH, CMP 619-299-1376 MANAGING EDITOR BARBARA OZENBAUGH, CMP 619-299-1376 NEW & RENEWING ADVERTISING SALES BARBARA OZENBAUGH, CMP 619-299-1376 DESIGN & PRODUCTION KRISTINE GAITAN REY ADVERTISING & DESIGN / THE CREATIVE DEPT. 760-746-8700 MAGAZINE EDITORIAL COMMITTEE CYNDI KOESTER, PCAM, CHAIR...... Mutual of Omaha Bank KIMBERLY LILLEY, CIRMS................... Berg Insurance Agency JIM DANOW, ESQ.................Epsten Grinnell & Howell, APC SAM DOLNICK......................................................Homeowner ANY FERRELL.................................................... N.N. Jaeschke LESLEY FINCH....................................... Lindsay Management JEFF FRENCH, ESQ...................Green, Bryant & French, LLP LAURIE POOLE, ESQ........................ Peters & Freedman, LLP BARBARA OZENBAUGH, CMP...Chapter Executive Director TINA ROZYCKI......................................... Curtis Management LOUISE STETTLER..................... Epsten Grinnell & Howell, APC All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Common Assessment Magazine or the Community Associations Institute – San Diego Chapter.

Information contained within should not be construed as a recommendation for any course of action regarding financial, legal, accounting or other professional services and should not be relied upon without the consultation of your accountant or attorney.

Common Assessment Magazine is the official quarterly publication of the San Diego Chapter of the Community Associations Institute. CAI San Diego Chapter encourages submission of news and articles subject to space limitation and editing. Signed letters to the editor are welcome. All articles submitted for publication become the property of CAI San Diego Chapter.

Reproduction of articles or columns published permitted with the following acknowledgement: “Reprinted with permission from Common Assessment Magazine, a publication of the Community Associations Institute San Diego Chapter.” © 2010 CAI - San Diego Chapter

ADVERTISING & CORRESPONDENCE SHOULD BE SENT TO: Common Assessment Magazine CAI - San Diego Chapter 1081 Camino Del Rio South, Suite 207, San Diego, CA 92108 619-299-1376 / fax 619-299-1377 / www.cai-sd.org

A New Resource to Help Clients with Their Assessment Collection Efforts

If your association clients are using EG&H for assessment collections, we want you to know about ACT NOW! our new, free online resource, which enables association management companies and self-managed associations to start new collection actions – or obtain a status report on existing delinquencies – by going to our website at any time, 24/7!

Secure and easy to use, ACT NOW! is for busy managers or accounting personnel who can’t wait for return phone calls or email replies to get a collection action started or to follow-up on existing delinquencies.

Submit your work request online and get the collection action underway quickly! View and print status reports as needed!

To register as a user and join one of our short “how to” webinars, please email us at

ACTNOW@epsten.com

800.300.1704 l www.epsten.com San Diego 9980 Carroll Canyon Rd., Suite 200 San Diego, California 92131 858.527.0111 • fax 858.527.1531

Inland Empire 41870 Kalmia St., Suite 160 Murrieta, California 92562 951.461.1181 • fax 951.461.2916

Coachella Valley 44-875 Deep Canyon Rd., Suite 3 Palm Desert, California 92260 760.836.1036 • fax 760.836.1040

COMMON ASSESSMENT MAGAZINE • WINTER 2010

5

6

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

B

oards of directors already know how to bring community members together. It’s simple: raise dues and enforce new rules. For those boards who want to increase meeting

attendance, raising dues by twenty percent will draw even the biggest NFL fans to the clubhouse for a Monday night meeting.

Or, for those interested in generating more volunteers, tow a few cars and you will have more homeowners asking to join the parking committee than you can manage.

Rather than relying on these classic methods to improve participation, boards should challenge themselves to add value to their communities and gain positive support for the association that will outlast the memories of assessment increases and new parking rules.

BRINGING YOUR COMMUNITY TOGETHER One Activity at a Time

By Jean-Marie Salvia, CCAM®, PCAM®

These days, we are all trying to get the biggest bang for our buck and we are making cost conscious choices. Instead of a night out, families order in and enjoy the latest DVD releases from home. We opt for “staycations” rather than excursions through Europe. We work harder than we ever did before, and we struggle to make ends meet. Homeowners know that they need to pay SDG&E in order to keep the lights on, but what in the world do they get from the HOA? Homeowners do not necessarily understand the costs associated with the maintenance and management of the association. And, if the HOA can’t get the neighbor’s dog to stop barking, then what’s the point?

Homeowners need to feel a sense of value from living in an association. And, the best way to help them measure that value is to improve the quality of their lives by building a sense of community.

Continued on page 8 COMMON ASSESSMENT MAGAZINE • WINTER 2010

7

BRINGING YOUR COMMUNITY TOGETHER Continued from page 7

It is important that boards carve out time to consider ways to bring their communities together and build support for the HOA. Not too long ago, some boards were able to set aside $100,000 for community events. These days, even the largest and wealthiest HOAs are suffering. Costs are rising, bad debt is compounding, and there is an increased pressure to keep the assessments as low as possible. One might argue that there just isn’t enough money to plan events and activities. On the contrary, difficult times are the most important times to bring people together. And, it doesn’t have to cost the HOA anything to do it!

Following are some easy and inexpensive ways to bring homeowners together and build community by utilizing the communication tools available to the association.

Encouraging and Supporting Clubs Help connect residents by encouraging the formation of clubs and social organizations. Running, cycling and walking groups help keep residents physically fit while book clubs, play groups and recipe exchanges connect residents with common interests. Identify a volunteer in the community who is willing to be a main point of contact for a club, or pick a day and time for interested homeowners to meet, and publish the activity in the HOA newsletter.

Public Service Activities The community does not need to plan a beach clean-up day in order to bring residents together. Instead, appeal to seasonal interests or immediate needs for the community that don’t require homeowners to leave the neighborhood.

Plan an annual food, gift or clothing drive that benefits the greater San Diego area 8

— a number of non-profit and government

summer camps and street fairs. When

organizations will even come by to pick

planning these types of activities, it is

up the donations from your community.

important for the board of directors to

Or, encourage residents to help their

consider the cost per person to attend

neighbors by maintaining yards or picking

the event as well as the overall cost to the

up groceries for those who are sick, elderly

community. For example, an activity that

or working through a difficult time.

costs the HOA $40 per attendee probably doesn’t make sense, but a number of

Pot Lucks, Block Parties and Community Garage Sales Pot lucks and block parties are a

events throughout the year that costs each homeowner less than $5 per month in assessments could be worthwhile. When

great way for the HOA to “host” a

planning events, consider sponsorships

community event without incurring any

from local retailers or admission fees for

expenses. Depending upon the size of the

participants to help off-set expenses. In

community, the association can either plan

addition, depending on the size of your

one party for the entire neighborhood

community, an outdoor concert with

or support a number of block parties

unlimited seating may be a better fit

that are strategically located throughout

than a casino night with a higher cost per

the community. The role of the HOA is

attendee. Similarly, a community made-up

to help publicize the event by including

of young families is probably better suited

information in the newsletter, adding an

for a barbeque in the park than an adult-

insert to assessment statements, posting

only wine social.

flyers and spreading the word.

Community garage sales are also a great way for boards to show support for the community — especially if the

Use HOA Communication Tools to Make It Happen The suggestions provided above

governing documents discourage garage

are meant to spark discussion and

sales or prohibit residents from posting

brainstorming amongst community

signs. Often, communities can get around

members. Whether the board chooses

these restrictions by planning an HOA-

to encourage its residents to carpool

supported event once a year. The HOA

to the next city-sponsored event or

can advertise online and in local papers

decides to appoint a social committee to

as well as strategically place signs in the

plan countless activities throughout the

surrounding area. The association can also

year, the key to success is utilizing the

schedule a local charity to come pick up

association’s communication tools to reach

any items that are not sold, combining the

out to the members. While the internet is

garage sale with a public service activity.

an excellent vehicle for communication, not all HOAs have websites and email

Sponsorships and Cost Recovery Activities An article focused on building

distribution lists. If the association does not have a newsletter, notices can be included with the monthly billing

community spirit and connecting

statements for a minimal cost. Flyers at

neighbors is not complete without a

community bulletin boards, at gated

discussion about community-sponsored

entries and near mailboxes are also a great

events and activities. There are an

way to get the word out about upcoming

unlimited number of activities that an HOA

events and activities. Board members and

can plan for its constituents — ranging

committee members should also commit

from cooking classes and wine socials to

to talking with their neighbors about an

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

upcoming event. If each board member talks with five other community members, the word will spread quickly.

By taking the time to bring residents together, boards of directors can build positive support for the community— and the association. The next time the board makes the difficult decision to raise assessments, perhaps a few more homeowners will be able to quantify the return on their investment and will choose to spend the evening with their neighbors rather than attack those who are working hard to bring that added value to their community.

Jean-Marie Salvia, CCAM®, PCAM®, is a Regional Manager for Walters Management.

The Only Choice for Your Protection Great Customer Service Accurate Invoicing $2,000,000 Liability Insurance

Damage Replacement Guarantee Real Estate Inspections

Toll Free 877.277.3970 or 858.277.2228 www.paynepestmgmt.com SA N DI E GO • O RA NG E COU NT Y • LOS A NG E LE S COMMON ASSESSMENT MAGAZINE • WINTER 2010

9

Should Volunteer Workers Help to Build Your Community?

By Jay Hansen, Esq.

10

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

S

ome associations use

Boards may believe that

frequently waive the co‑insured

volunteer work crews to

volunteer projects help to save

exclusion so that a volunteer

help build their community,

money, beautify the neighborhood,

homeowner and the association

not only figuratively, but

and build a sense of pride and

would be covered if either one

also literally. For associations that

community among the residents.

injures another homeowner, but you

do, their boards need to be aware

Perhaps they do, but they also

can’t count on it. There are a few

of and to weigh all the risks of using

involve risks. This article discusses

general liability carriers that have

volunteers for projects like painting,

some risks that boards might

not waived this exclusion. If the

trimming trees, replacing light

overlook and whether those risks are

co-insured exclusion has not been

bulbs, “handyman” jobs and other

worth taking.

waived, neither the association nor

contracting work.

its volunteers would be defended or

Damage or Injury to Others One risk is that a volunteer

indemnified if they injured another homeowner while working on behalf

may cause bodily injury to

of the association. An association

another homeowner or damage a

needs to be sure that its general

homeowner’s property. If so, will both

liability policy contains such a waiver,

the association and the volunteer

or “severability of interest clause,”

responsible be protected by the

whether it uses volunteers or not. If

association’s insurance? Perhaps, but

an association’s carrier denied such

it depends.

a claim, the association would have

In non-association insurance

no coverage, and the volunteers

policies, carriers commonly exclude

would have to rely on their personal

coverage for claims by one insured

insurance carriers to protect them.

party against another insured party.

This prevents one insured family member from suing another insured

Self-inflicted Injuries Another risk of using volunteers

family member who negligently

is that the volunteers may negligently

caused the injury. If there were no

injure themselves. Volunteers should

such “co‑insured” exclusion, it could

have their own medical insurance

open the door for fraudulent claims,

coverage, but there are now 50

and there would be less incentive for

million Americans without it. Thus,

families to obtain their own medical

an injured volunteer might look to

insurance to cover accidental injuries

the association for coverage, or even

to family members.

sue the association alleging that the

Like family members, both the

particular activity was too dangerous,

association and its homeowners are

that they were not informed of

usually co-insured under association

the potential risks, and that the

policies in case the association or its

association provided too little

activities cause injuries to someone

information or instruction before the

else. But what if the association or a

work began, or too little supervision

volunteer homeowner injures another

during the work.

homeowner where both parties are insured like the family member example? Association carriers

Volunteers may require prior proper training or even prior Continued on page 12

COMMON ASSESSMENT MAGAZINE • WINTER 2010

11

SHOULD VOLUNTEER WORKERS...

Continued from page 11

Rebuilding Communities n n n n n

Reconstruction Renovations Repairs Maintenance New Construction

competency for the assigned tasks.

Where a given project would require a license if the association hired someone to do it, the Legislature has concluded that a license is needed to ensure safety during the work and the quality of the result, and almost all types of landscaping and construction work require some type of contractor’s license.

Financing Available!

Completing community wide projects n within your budget n in the shortest time possible n quality customer service n minimal impact to your residents n

858.792.1500

n

www.delmarpacific.com

CA License #828224

“Serving San Diego, Orange County, the Coachella Valley & the Inland Empire”

A volunteer may be willing to donate time but probably isn’t willing to pay personally for a costly mistake.

Getting What You Pay For Volunteers may make major mistakes that cost the association money, like causing a flood, starting a fire, shorting out electrical connections or dripping paint on property that is expensive or impossible to clean. Another possibility is that the work is shoddy or looks bad.

If a licensed and insured contractor made such mistakes, the association would expect the contractor to fix it at no cost or to have the contractor’s insurance company cover it. A volunteer, however, may be willing to donate time but probably isn’t willing to pay personally for a costly mistake. If the board hired a contractor who screwed up, it is all business. It is much harder to deal with the problem when the other party is a fellow board member, a neighbor and possibly a friend, and

12

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

someone who was trying help save the association money. It makes the situation much more complicated to resolve because personal feelings and even sympathy get in the way of what would otherwise be a business transaction.

If You Can’t Say No While it is wiser and safer to use outside parties who are licensed, insured, experienced and have references as to their competency, some boards will not be deterred from using volunteers on community projects. If a board is still determined to use volunteers, it should at least avoid activities that would require a contractor’s license. That would rule out a lot, like electrical and plumbing work, carpentry, painting, and tree trimming.

The board should then carefully identify other tasks that involve the least chance of producing the problems identified above and then decide what training and supervision would be needed to reduce the risks even further. We all make decisions daily that we consider are low risk in relation to our reasons for doing them. So we take showers, climb stairs, cross streets, and walk our dogs, yet people are seriously injured

Professional. Capable. Friendly.

or even killed on a regular basis while doing such normally innocuous activities.

Recognize that no matter how low boards may consider the risk, it is never zero, and they need to be prepared for the consequences if the unexpected happens.

Year after year our list of satisfied, well-managed communities grows. Our team of accredited, certified community managers offers unparalleled credibility and integrity. Call Curtis Management today for the highest caliber, hardest working professionals to manage your community. 858.587.9844 or 760.436.4560.

Just what you’ve been looking for in professional community management. www.curtismanagement.com

Jay Hansen, Esq. is a Community Association Counsel attorney with Epsten Grinnell & Howell, APC.

COMMON ASSESSMENT MAGAZINE • WINTER 2010

13

How to Achieve Quorum For an Annual Meeting

By Tina Rozycki, CMCA

S

ince the voting and election laws

submitting a ballot) in order to hold the

changed in July 2006 with the

annual meeting. When homeowners do

enactment of §1363.03 the world

not submit their ballots associations can

of association annual meetings changed

not meet their quorum requirement. The

dramatically. Now associations must send

quorum requirement is usually contained

out the ballot, instructions to the voters,

in associations’ bylaws.

a small envelope to put the ballot in, and an additional envelope to put the first

in getting their members to submit

envelope in to keep ballots anonymous. It

ballots by offering incentives. Having a

was hard enough to get people to fill out

drawing for items (which can be donated

the paperwork and put it in one envelope,

by a vendor who services the property),

even when associations included the

such as gift certificates, iPods, or even

postage. Now, to get homeowners to take

a free month’s dues has enabled some

the time to read the package, complete

associations to meet their annual meeting

the ballot, put it in one envelope, then

quorum requirements. In utilizing these

put that envelope into another one and

incentives, associations should be sure

write their names, association address and

to announce in the original mailing that

signature in the upper left hand corner

the drawing will only take place if quorum

is virtually impossible (even with the

has been met and, if so, the drawing

postage included!). The result is that most

will be held at the annual meeting. It is

homeowners are just plain frustrated and

also helpful to indicate that members

don’t feel that participating in association

do not need to be present to win. That

elections is worth their time. Associations

way, members will be sure to submit their

need to change their members’ thinking,

ballots ahead of time.

and make it worth their while to participate in the vote.

Quorum is the number of members that must be present (in person or by 14

Some associations have found success

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

Another tactic is to combine the return of ballots with reissuing parking permits or pool keys. The trick is to schedule the parking permit/pool key distribution date

Proud recipient of two SDCAA 2009 Mark of Excellence Awards

for the same time and location as the

License No. PPO 15264

annual meeting (or 30 minutes before).

That way, owners can kill two birds with one stone by obtaining their new permit or pool key and submitting their ballot.

Inform the owners that the new permits/ keys will go into effect the day after

Joel M. Kriger, APC • CoMMunity AssoCiAtion lAw Division

the annual meeting. If you are issuing new common area keys, have the locks changed the date of the meeting. This is

Committed to

an especially effective technique if your annual meeting is held in July or August!

Another suggestion is to explore

Anderson & Kriger, LLP

reducing the quorum requirement. This may involve amending the association’s bylaws, so be sure to check with legal counsel.

Employing these techniques should help your association meet its quorum requirement for your annual meetings.

Tina Rozycki, CMCA is a community association manager with Curtis Management. and is on the Board of Directors for CAI San Diego.

• Delinquent Assessments • Annual retainer Program – no Cost Collections – unlimited Phone Calls – Annual Check-up Meeting – Quarterly newsletter – reduced Hourly rates • Fee for service Program • CC&r enforcement • Document revisions • opinion letters • Civil litigation

leadership in protecting the rights of clients.

619-589-8800 www.a-khoa.com

COMMON ASSESSMENT MAGAZINE • WINTER 2010

15

SAN DIEGO 2010 CAI-CLAC HONOR ROLL

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

This is the second year that the CAI-CLAC Honor Roll is being presented. All individuals involved in common interest communities, whether they are associations, homeowners, professionals, managers or business partners who have contributed funds to CAICLAC in 2010 on behalf of common interest communities to assure that our voice is heard in the halls of the California legislature are to be congratulated. CAI-CLAC monitors legislation regarding common interest developments (condominiums, planned developments, stock cooperatives and community apartment projects) that the legislators are asked to deliberate and vote upon each year.

Our congratulations and thanks to the following contributors from January 1 to September 30, 2010.

2010 Goal = $28,528 Contributions to Date $21,486

Andalucia Townhomes HOA Lisa Isaacson AMS CCAM

Ocean Hills Summit HOA Mike Mazur

Anderson & Kriger, Joel Kriger

Ocean Terrace/Spinnaker Ridge Frank Lombard

Association Reserves San Diego LLC Matthew Swain Brookfield HOA, Jim Martin CAI San Diego Chapter Barbara Ozenbaugh, CMP

O’Connell Landscape Main Eric Shephard Pacific Green Landscape Inc. Pacific Western Bank, Ken Carteron

Clean Earth Restoration

Payne Pest Management, Willie Payne

Victoria Cohen

Popular Association Banking

Community Association of Bernardo Height Becky Groenwold

Restoration Management Company

Coronado Shores Condo Assn #6 Jim Liese CMCA AMS CCAM CMI Sam Dolnick Emergency Services Restoration Heather Flores Padron Fienberg Grant Mayfield Kaneda & Litt Genesee Highlands Richard Harman il Palio HOA Lisa Isaacson AMS CCAM Interiors by Design, Geri Musser La Jolla Soledad West HOA Lisa Isaacson AMS CCAM La Mesa Colony HOA, Alicia Lloyd Lake Park Condominium Assn Zelma Hall CMCA MC Painting, Lisa Isaacson, AMS, CCAM Nautilus General Contractors

16

Each issue of Common Assessment features the names of the contributors and those individuals responsible for obtaining the contribution.

ABSOLUTELY NO FUNDS are given to any political party or to any candidate. All funds are used solely for issue oriented legislation affecting CIDs. However, our legislative advocate must be paid and items like stamps, stationery, phone calls, rent, maintenance of web site and other similar expenses must be paid.

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

Riviera Del Mar Arch. Comm. Corp.

Betty-Ray Wilson Rock Springs East COA, Dawn Walters SBS Lien Services, Mitch Willet Seven Oaks Mgmt Corp #4, Gerie Vellios The Missions @ Ivey Ranch, Connie Cain Vermont Villas Condo HOA, Dawn Walters Villa Marbelle HOA, Robert Donaldson Villa Trieste at Del Oro Hills MA Villa Trieste Master Village Park Townhome Corp #3 Wells Fargo Bank, Mark Durazo West Park Owners Assn, S. Dale Hess Westturf Landscape Mgmt Wild Rose Ranch CA Woodbridge Estates HOA Lisa Isaacson AMS CCAM

Having Trouble Finding a Business Partner?

Time to Get Creative!

By Lesley Finch, PCAM

S

ome common interest developments have unique maintenance needs for which there may be few service providers in the area. While many planned

developments include entrance gate and swimming pools, the unique design of today’s communities requires maintenance of components such as underground sump pumps, artificial and natural ponds, streams and lakes; harbors and boat docks, pontoons, de-silting drainage systems, green energy systems – the list goes on. In addition, all communities, at some time, may require obscure or nonrecurring maintenance services. These could include graffiti removal, dead animal disposal, crime scene and hazardous waste removal, and management of protected natural resources.

Extra diligence, plus networking with others in the industry, can help to create vendor contacts and source lists.

As with all aspects of management, proactive preparation can prevent last minute scrambling to locate obscure vendors.

Managers should investigate any type of resource which may be of value in maintaining a community’s amenities before there is a need. Anticipate long term maintenance, repairs, and replacement. A comprehensive Reserve Study is a good place to start in preparing a vendor source chart. The following resources are also available.

Association Documents If the association has been established for several years, refer to file archives to determine the names of vendors used in the past, and whether the experience was a favorable one. If the Association is new, consult the developer, the subcontractors, and the DRE report for any information they can provide.

Usually, an architect and developer will not design an amenity without knowing about its Continued on page 18

COMMON ASSESSMENT MAGAZINE • WINTER 2010

17

HAVING TROUBLE FINDING A BUSINESS PARTNER...

Continued from page 17

future maintenance needs. Sometimes the subcontractors can provide maintenance of components they have installed.

Networking Valuable contacts may be available in the community association manager’s office. Consult co-workers and industry associates. Many portfolio management offices conduct regular staff meetings wherein vendor information is exchanged and discussed.

Internet Check for websites specifically catering to this issue. Recently, websites servicing the CID management industry are targeting vendor referrals and information for hard-to-find vendors.

Additional internet research may lead to reports about contractors who have completed work related to a service needed by your client. Be careful not to rely on internet sources without further research. Take the time to investigate references and credentials.

Consulting Vendors in Related FIelds Many service vendors who have been in business for a length of time are aware of services provided by others, especially for components related to their own field of expertise. As an example, a pool maintenance company may know of companies in the area which maintain fountains or ponds. Often, architects and engineers can be good reference resources.

Vendor Substitution In some cases a general contractor or other type of contractor may be able to “switch gears” and repair a component out of his field of expertise. Although not 18

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

ideal, this is an option when specialized

industry related functions can also provide

tools or gauges on hand and providing

vendors are not available.

contact information for Associations.

training to a service provider to maintain these components. Sometimes certain

Hiring an Expert to Seek Bids When a project requires expert

Contacting State Entities State entities which control use of land,

service providers can train staff to maintain equipment related to their business

specifications and service providers, it may

property and natural resources can assist

(such as the pool maintenance company

be prudent for the Association to hire a

in providing lists of qualified vendors.

checking pond pumps).

project manager. These specialists are

Some examples are the Department

Preparation is the surest safeguard

usually engineers or general contractors,

of Environmental Control, the Coastal

against an emergency search for services

and usually have resources which may not

Commission and the State Contractors

after a system has failed. Keeping a file on

otherwise be available to an Association.

Licensing Board. Check their websites for

hand and maintaining contact with service

While there is an additional cost involved,

more information.

providers will prevent expensive and

in the long run the Association will

In some cases, it may be impossible

benefit. Usually project managers prepare

to obtain three comparative bids (as most

specifications, obtain three or more bids,

management contracts require); there

and provide a bid analysis comparing

simply may not be three contractors

services and costs for each bidder.

in your area providing a given service.

delayed fixes in the future.

Because services in fields with limited

Industry Resources

competition can be expensive, boards

CAI has a wealth of information

and managers should adhere to a diligent

regarding vendor members. Within the

maintenance program, which can extend

industry, there are other sources for vendor

the life of components. An association

contacts. Attending local business and

may wish to consider keeping special

Lesley Finch is an independent consultant with over 26 years in the industry. She recently received her PCAM designation.

COMMON ASSESSMENT MAGAZINE • WINTER 2010

19

Raising the Bar on Managing Liquor Liability: Potential Risks and Risk Management Measures

By Jodi A. Konorti, Esq.

I

n the community association context,

it to those who furnish it – the social

private residence. If the event is closed to

liquor liability claims may arise when

host. For purposes of this article, we will

the public, takes place in a location that

a community association or resident

examine the potential risks and liabilities a

does not regularly serve alcohol (such as

holds a gathering on common area (in

community association faces when alcohol

a clubhouse), and there is no charge for

the clubhouse, for example), serves,

is served at a function on common area,

alcohol, then no permit is required. If any

or condones the service of, alcoholic

and what steps an association can take to

one of these conditions exist, however,

beverages to the guests, a guest

help protect it and reduce its exposure to

a permit is required. When a permit is

overindulges and later injures himself or

liability from injury to persons and damage

required but not obtained, the person or

herself or injures another person. When an

to property that involve the consumption of

entity serving the alcohol could be held to

association serves alcohol to guests without

alcohol.

have violated the California Business and

charge, or condones the consumption of alcohol on property the association controls, the association becomes a “social host.”

Social host liability extends the legal

Professions Code, in which case, they could

Applicable Law and Potential Liability to a Community Association PERMITS TO SERVE ALCOHOL.

face punitive action.

SERVING VISIBLY INTOXICATED PERSONS. Just as a commercial business has a legal responsibility to stop serving

responsibility for the consumption of

Serving alcohol in the common area is

alcohol to a visibly intoxicated person,

alcohol beyond the person who consumes

treated as if it were being served in a

a community association has a legal

20

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

ssl_CAI_0210:Layout 1

1/19/10

10:23 AM

Page 1

Improving more than just your property.

obligation to stop serving alcohol to a visibly intoxicated person. Section 25602(a) of the California Business and Professions Code makes it a misdemeanor to furnish or give alcohol to any “obviously

S TEVEN S MITH L ANDSCAPE I NC .

intoxicated person.” Accordingly, to avoid misdemeanor liability, a community association must ensure that alcohol is not provided to anyone who appears intoxicated. It is appropriate in this case to: (i) adopt a rule that no alcohol can be served to a visibly intoxicated person, and/ or (ii) inform everyone attending the social function that no alcohol will be served to anyone who is intoxicated - even in situations where the association is not providing the alcohol.

Continued on page 25

From installation to maintenance, Steven Smith Landscape Inc. provides every landscape need.

Specializing in HOA landscape maintenance, we improve curb appeal and enhance your overall HOA experience. In partnership with management and the Association, we bring clear, concise communication, quick response and project satisfaction.

For your larger landscape needs, our full service construction division can meet your needs.

Our reference list includes Poway Unified School District, City of Escondido, City of Santee, City of San Marcos and U.C.S.D. Call Today For A Professional Proposal

760/745.9916

COMMON ASSESSMENT MAGAZINE • WINTER 2010

Lic No. 456160

21

Golf Classic Sponsors

September 17, 2010 • Coronado Municipal Golf Course EAGLE

PAR

LUNCH

Animal Pest Management

Peters & Freedman LLP

AV Builder

Popular Assocation Banking

Bald Eagle Security Services

PrimeCo Painting, Inc.

Clean Earth Restorations

Restoration Management Company

Del Mar Pacific

BIRDIE

Emercon Construction Inc.

DECORATIONS

Epsten Grinnell & Howell, APC

Emergency Services Restoration

Global Disposal Reduction Services, Inc.

Mt. Helix Pest & Termite Control, Inc.

Law Offices of Richard Salpietra

N.N. Jaeschke, Inc.

Mutual of Omaha/Condo Certs

Master Plumbing & Leak Detection

PCM of California

Reconstruction Experts

MC Painting

RSI Roofing

Pacific Green Landscape, Inc.

DRINK BUCKS

The Brickman Group

Payne Pest Management

DAPA Services, Inc.

US Bank

Premier Roofing CA, Inc.

Restoration Management Company

Western Towing

Pro-Tech Painting S.B.S. Lien Services

WATER

HOLE IN ONE

Service Master by Rapid Response

Aztec Paving, Inc. California Sub-Meters

Landsystems

PUTTING CONTEST

Rodent Pest Control

Pacific Western Bank

Summit Security

DRIVING RANGE Sullivan Construction Management 22

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

COMMON ASSESSMENT MAGAZINE • WINTER

2010

23

R E N E WI N G

M E M B E R S

Thank you to our chapter members that have renewed their CAI membership. We appreciate your continued support and participation in our chapter.

24

Affinity Homeowners Association...........2009

Heidi Halliday, CMCA, AMS....................2010

Reina White, CMCA ................................2009

Alante/MCS Insurance Services..............2009

Helm Management Co............................2010

Richard Shannon ......................................2007

Albert Schnepf..........................................2001

Hersum Construction, Inc. ......................2009

Robert Griswold, PCAM . ........................2006

American Technologies, Inc.

Jean-Marie Salvia, CCAM, CMCA, AMS....2005

Roger Reeve..............................................2006

Ann Weatherby.........................................2008

Jeannette Rhodes.....................................2006

Ronald Reff ...............................................2009

Apex Contracting & Restoration.............2008

Jeff Morin...................................................2007

Rose Reyes ...............................................2005

Arborwell....................................................2008

Joseph Farinelli, CPM, CCAM, PCAM...1976

Roseville Place HOA . ..............................2009

Aztec Paving, Inc.......................................1990

Julie Lambert, CMCA, AMS ...................2006

Safeguard Info Services/Quickpass .......2010

Barry Burzo, CCAM, PCAM.....................2005

JVB Construction Management, Inc.......2008

San Elijo Hills Community Association...2002

Beck & Company, CPA.............................2003

Kittie Smith, CCAM, CMCA.....................2005

Sarah Gilman, CMCA...............................2009

Becky Groenewold, CCAM, CMCA, AMS......1987

Landsystems..............................................2002

Service Master...........................................2009

Cami Surette, CMCA, AMS ....................2007

Larry Demry, CCAM, CMCA, AMS..........2005

Servpro of La Jolla....................................2009

Carol Johnson ..........................................2008

Lauren DeGuzman....................................2008

Sharyn Edwards, CMCA, AMS................2005

Castle Breckenridge Management........ 1992

Lee Leibenson, CMCA, PCAM................2005

SK Association Management, Inc...........2006

CHAMPS/ The Kelly Group.....................1996

Linda Bovet . .............................................2009

Smith Architects........................................2008

Charles Mullins..........................................2006

Liza DeJesus, CMCA ...............................2007

Soumia Khaldoun......................................2010

Cindy Collins, CMCA, AMS, PCAM........2005

Lopez La Paloma . ....................................2005

Steven Smith Landscape, Inc...................1996

CID Insurance Programs, Inc...................1996

Lynn Germain, CMCA, AMS, PCAM.......2010

Susan Jahn.................................................2009

Clark Pest Control.....................................2009

M & M Building Services ........................2003

Susan Marchetti.........................................2009

Clint McClure, CMCA, AMS....................2006

Mailboxes R Us ........................................2009

Tawny Tillinghast, CMCA, AMS...............2009

Collwood Park Association......................1991

Maria Armas .............................................2008

The Inspectors of Election.......................2007

Commercial & Industrial Roofing Co......1996

Master Plumbing Corp. . .........................2006

The Sullivan Law Firm, APLC...................2010

Cortina Owners Association....................2008

McMillin Lomas Master Association.......2004

The Villas of Calavera Hills.......................2007

Dan Lee . ...................................................2007

Melinda Young, CCAM, PCAM...............2005

Urban Property Services...........................2006

Dawn Walters, CMCA, AMS................... 2005

Mt. Helix Pest & Termite Control............2000

US Bank......................................................1990

Dennis Brokaw, AMS ...............................1994

National Cooperative Bank

Villa Trieste At Del Oro Hills

Dillingham and Associates .....................2009

New Way Landscape

Master Association.............................1993

DM Construction Services ......................2006

& Tree Services, Inc..............................1993

Walters Management ..............................2008

Dynamic Concrete Coatings, Inc. ..........2009

Nick Arther, CMCA, PCAM......................1993

Warner Springs Estates HOA .................2001

Dynamix Painting, Inc. . ...........................1999

Oceanside Manor HOA...........................1988

Watermark Owner’s Association ............2009

East Lake I Community Association ......1990

Pacific Western Bank................................2004

West Coast Management Firm ..............2009

Elite Community Management ..............1992

Pamela Hayter...........................................2005

William Bennett .......................................2009

Escondido Village HOA ..........................2006

Peri Urvek...................................................2009

Four Seasons Tree Care, Inc. ..................2007

Premier Roofing CA, Inc...........................1994

Friars Village HOA ...................................2010

Prendiville Insurance Agency...................2006

Garden Villas Association .......................2002

Professional HOA Consultants, Inc.........1988

General Coatings Corporation................2009

Property Management

Gianni at 4S Ranch HOA..........................2009

Consultants, Inc. .................................1989

Gina Falcon-Heneghan............................2007

Quentin Yates, CCAM, PCAM................ 2005

Golfview Homeowners Association........2001

Rancho La Cima Estates HOA, Inc..........1991

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

RAISING THE BAR...

Continued from page 21

C e l e b r at i n g O u r 3 7 t h Y e a r

POTENTIAL LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE. While Section 25602(a) imposes misdemeanor

We know the

liability on a social host who serves alcohol

difference

to an already intoxicated person, two California statutes provide that social hosts

between getting

who furnish alcoholic beverages to their guests are generally not civilly liable to any

the job done

injured person for damages suffered or

and getting it

injuries inflicted as a result of intoxication.

(California Civil Code Section 1714(c)

done right.

and California Business and Professions Code Section 25602(b).) This is also true of any injury suffered by the intoxicated

Full Service Community Management

person. For example, if a social host serves alcohol to a guest and that guest becomes intoxicated, drives home, and injures someone, the injured person cannot

800-227-6225

recover damages from the social host (absent other extenuating circumstances).

S a n D i e g o • C h u l a V i S ta • C a r l S b a D • m u r r i e ta

www.waltersmanagement.com

Liability in this case will typically lie with the consumer of the alcoholic beverages.

Furthermore, a community association faces a “presumption of

CONTACT YOUR PROS FOR A FREE ESTIMATE TODAY

negligence” if it provides alcohol to a

1-800-399-3199

visibly intoxicated person in violation

www.pro-techpainting.com

of Section 25602(a). While generally, a social host who provides alcohol to an adult guest is not liable for injuries

YOUR SINGLE SOURCE FOR ANY PROJECT

to others resulting from the guest’s intoxication, a social host does have a duty to deny guests further access to alcoholic beverages when the social host has reason to know the consuming guest may do unreasonable things or may be unusually affected by alcohol.

This is a broad and slippery slope and results in a large “supervisory” burden on any community association that serves, or condones the service of, alcohol on common area.

Other potential areas of liability include furnishing alcohol to an underage person and allowing the consumption of alcohol to create

• Color Consulting & Scheme Board

• Class B Licensed

• Pressure Washing & Water Reclamation • Stain & Finish Work

• Stucco Repair & Re-texturing

• Online Tracking Service

• Curb & Light Pole Painting

• Wood Inspection & Repair

• Wrought-Iron Repair & Repaint

• Elastomeric Coatings • $2,000,000 Liability Insurance • Interest-Free Financing

• Energy Efficient & Green Coatings

• Uniformed Crews

• Roof Tile & Gutter Cleaning

L OCALLY S ERVING S AN D IEGO

&

• Warranties

O RANGE C OUNTIES

Continued on page 26 COMMON ASSESSMENT MAGAZINE • WINTER 2010

25

RAISING THE BAR...

Continued from page 25

a nuisance or disturb other residents.

These must always be avoided, without exception.

Given the above risks, it is therefore incumbent upon a community association to ensure someone is present with the power to control the conduct of those consuming alcohol, and to bring a prompt end to the activities if the conduct goes beyond acceptable bounds.

Reducing a Community Association’s Potential Liability OBTAIN APPROPRIATE INSURANCE COVERAGE. Despite the language in Section 25602(b) that shields social hosts from liability for damages resulting from the consumption of alcohol, any time alcoholic beverages are served on common area the association should confirm with its insurer that the association is properly covered for any accident which may occur from alcohol use, including damage to association property, other people’s property and injury to persons. In addition, the association should determine if any additional measures may be required by the insurer to protect persons and property. If the association’s insurance policy does not include coverage for liquor-related damages, the association should obtain a “host liquor” endorsement prior to permitting any alcohol on the common area. Some carriers will add this endorsement, and some will not.

Host liquor liability coverage is intended to provide coverage for certain events that are incidental to the named insured’s regular business. Any associationorganized party at which alcohol is served or condoned is an example of the type of event for which host liquor protection should be provided. (Note, host liquor coverage under an endorsement applies only when there is no charge for the event).

Similarly, anytime a resident serves 26

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

alcohol on common area, the association should require that the resident provide

Who else can say – our account executives know community management backwards and forwards.

evidence that the resident has host liquor liability coverage on his or her homeowner’s

Who else can say – our relationship managers speak your language and understand your business.

insurance. The association should also request the resident host provide an

Who else can say – our technology group has revolutionized the business of association management.

endorsement naming the association as an

ExpEriEncE

additional insured.

OBTAIN AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT. If a resident is hosting an event on common area where alcoholic beverages are served, the association should require the resident social host to sign an “indemnity and hold

HOA Banking • HOA Loans • Internet Cash Management Online Payment Systems • Dedicated Customer Service

harmless” agreement as a condition of the right to use common area facilities to hold

Cyndi Koester CCAM PCAM

his or her event. Under this agreement,

AVP/Regional Account Executive

the social host is obligated to pay the judgment that may be imposed against

949.235.8498 Toll Free 866.800.4656, ext. 7494 cyndi.koester@cabanc.com

the association deriving from the resident’s

cabanc.com

association’s legal expenses and any

provision of alcohol. This agreement is not a substitute for adequate insurance,

Z3389

Community Association Banc is a division of Mutual of Omaha Bank. Member FDIC. Equal Housing Lender National Corporate Member of Community Associations Institute. CACM Affiliate Member.

Equal Housing Lender

however, since the resident may have insufficient funds to pay for the association’s attorneys’ fees or any judgment that might ultimately be imposed.

driven by results & passionate about proaCtive improvements

In sum, when an association hosts a function or event on common area, it is important the association restrict the amount of alcohol consumed at the event, ensure it does not serve minors, maintain a safe environment on the common area, and obtain the requisite insurance coverage.

Where a resident hosts an event on common area, the association nevertheless has the responsibility to make sure already intoxicated persons are not provided more alcohol. This is because, although the association may not be serving the alcohol, it is hosting an event on common area premises and could still very well be held a responsible party.

• landscape maintenance • Water Conservation & management • design & installation • Complete irrigation services • tree & shrub Care • integrated pest management • fertilizer & soil analysis

Jodi A. Konorti, Esq. is a community association attorney at Epsten Grinnell & Howell, APC.. licensed/Certified for smart Controller installation & maintenance

CommerCial landsCape maintenanCe speCialists serving san diego for over 25 years

619.579.9151 • fax 619.461.0814 www.labahns.com 5000 Thorne Dr., Ste. B • La Mesa, CA 91942

COMMON ASSESSMENT MAGAZINE • WINTER 2010

27

NewsStand New Feature on CAI National's Website “My Order History”, a new

CAI & Community Associations Oppose FHFA Transfer Fee Ban As many as 11 million homeowners

communities that rely on deed-based transfer fees.

Under the FHFA proposal, these

enhancement to the CAI National website

would find it difficult to sell their homes

homes would no longer be able to qualify

is now live!

if the federal government moves forward

for mortgages backed by Fannie Mae,

with plans to ban so-called private

Freddie Mac or any federal home loan

transfer fees, according to Community

bank, which account for up to 90 percent

Associations Institute (CAI).

of all residential mortgages.

What does this mean?

Members can now view past transactions, print reports and renew

A government ban could wreak havoc

In addition, most community

membership from the Profile/My

in already distressed housing markets.

associations would be unable to comply

Information page.

That’s because a draft regulation issued

with the proposed rule. That’s because

by the Federal Housing Finance Agency

changing deed restrictions typically

Order History”: Events, Membership and

(FHFA) in August would ban federal

requires approval of two-thirds or more

Products Purchased.

mortgage underwriters from purchasing

of all homeowners, which is difficult to

– In the Events section

any loan on a property with a deed-based

achieve.

• Print your student transcript

transfer fee. Such fees are recorded on

The transfer fees charged by

• View your grades

the property title and bind subsequent

community associations are nominal,

• Print a course certificate

purchasers.

ranging from a fixed fee (averaging

There are three sections in “My

– In the Membership section

• View your membership expiration date

• Print your own membership card

Recently, these fees have become popular with private investment

(averaging 0.25 percent). Also, such

companies, which use deeds to require

funds have allowed financially strapped

a purchaser to pay a percentage of the

community associations keep monthly

sales price to outside investors. The FHFA

assessments low.

– In the Products Purchased section

actions are seen as an attempt to curb this

growing and controversial practice.

• Access past and current product orders

However, the fees also have been used

CAI hopes to persuade the FHFA to change its proposal to allow community associations or other organizations to

• View the invoice number,

by community associations for decades to

charge fees that directly benefit their

product name, price and

help fund reserve accounts or community

communities. The draft regulation is

payment balance

improvement projects.

supported by Realtors who want to ban

• Track a shipment including the date and UPS tracking number

$750) to a percentage of the sales price

• View or print a receipt

We are creating tools to assist our

“We agree that private transfer fees

all deed-based transfer fees, and it is

should get regulatory scrutiny,” said

opposed by investors, who seek to create

CAI Chief Executive Officer Thomas M.

new sources of revenue. The public

Skiba, CAE. “The problem is that the

comment period ends Oct. 15.

Learn more about this issue in the

members in managing their transactions

FHFA regulation would apply to any and

with us and having this functionality

all deed-based fees. If implemented as

Heads Up section of the CAI website,

available to our members provides them

drafted, it would be catastrophic.”

www.caionline.org

access to information they need at their finger tips.

As with any new feature, we expect

Close to half (49 percent) of the 1,252 communities responding to a CAI survey in September have deed-

CAI Survey: Associations Hit Hard

by Housing, Economic Slump More than half of the nation’s

members to have questions. Please call

based fees. Extrapolating from that

CAI National at 888-CAI-4321 with any

data, CAI estimates that as many as 11

estimated 310,000 community associations

questions you might have.

million homes nationally are located in

continue to struggle with financial issues

28

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

associated with the mortgage foreclosure crisis and related economic downturn,

rates of 3 to 5 percent.

obligations to the homeowners who are

All of this has a negative effect on

paying their fair share,” says CAI Chief

according to a national survey conducted

the ability of associations to collect

Executive Officer Thomas M. Skiba, CAE.

by Community Associations Institute (CAI).

assessments, placing a financial strain on

“When some owners—including banks

associations and their residents.

that have foreclosed on homes and now

Forty-five percent of community managers say their client associations

Associations rely on homeowner

own them—don’t pay their share, other

face “serious” problems as a result of the

assessments to fund services such as

homeowners often must make up the

housing and economic downturn, while 9

utilities, trash pickup, snow removal,

difference in higher regular assessments or

percent describe the impact as “severe.”

road and building maintenance and

special assessments.

The remainder say these issues are a

landscaping. Assessments also fund a

nuisance or nonexistent.

wide variety of amenities like swimming

more than 70 percent of the bank-

pools and playgrounds.

owned properties are not making timely

Nationally, about 62 million Americans live in homeowners associations,

Assessment delinquency rates have

According to a separate CAI survey,

assessment payments to associations.

condominium communities, residential

more than doubled since 2005. Today, 65

Many associations, Skiba says, are also

cooperatives and other planned

percent of associations have delinquency

forced to curtail services, which can further

communities.

rates exceeding 5 percent, up from just

depress property values.

A quarter of community managers

19 percent of associations in 2005. More

say more than 5 percent of their units are

than 30 percent have delinquency rates

steps to address budgetary shortfalls:

vacant. This is largely due to foreclosures,

exceeding 10 percent, and for one in 10—

• 38 percent have postponed planned

the inability of non-resident owners to sell

or close to 30,000 associations—the rate is

or rent their properties or owners simply

more than 20 percent.

walking away from their mortgages—and homes. Another 29 percent report vacancy

Associations are taking a number of

capital improvement projects.

• 35 percent have reduced landscaping

“High delinquency rates put a lot of

services.

pressure on associations to meet their

Continued on page 30

We Have the Answers To Your Legal Questions — When You Need Them.

• Community Association Law

• • • •

– General Counsel

– Inspector of Elections Real Estate Disputes Insurance Disputes Construction Law Personal Injury Law

www.salpietra.com

858.756.2233

COMMON ASSESSMENT MAGAZINE • WINTER 2010

29

NEWSSTAND Continued from page 29

Association Bank Services

Specialized Banking Services For Community Associations and Management Professionals

• 31 percent have reduced contributions to their reserve accounts, funds that are set aside for major maintenance and repairs.

Operating and Reserve Checking With No Monthly Service Charges Automated Lockbox Services, Online Payments, ACH Business Online Banking Remote Deposit CDARS* Placement Services Association Loans Simplified Association Signature Cards Experienced Association Bankers

• 23 percent have borrowed from the association’s reserve account.

• 16 percent have levied special assessments.

• 12 percent are allowing residents to perform minor tasks in the community.

• 6 percent have borrowed from banks and other lenders.

“Association boards strive to

Jan Hickenbottom

PCAM, CCAM Vice President 4301 MacArthur Blvd.

Newport Beach, CA 92660 (800) 848-6771

maintain the nature and character of their communities and meet the established expectations of all homeowners, but that’s often a daunting task in this kind Member FDIC

of environment,” Skiba adds. “They are making difficult choices because they

www.FirstBankHOA.com

*CDARS is a service mark of Promontory Interfinancial Network, LLC. FDIC Insured up to $50 million per Tax ID.

have few alternatives. Board members in every community association manage the business of their communities, and businesses must pay their bills.”

Skiba points out that the housing crisis adds urgency to CAI efforts to convince the Federal Housing Finance Agency (FHFA) to nix its recent proposal to ban community association transfer fees—

You DESERVE a

STRONG FOUNDATION

Representation of Community Associations, Residential High-Rise Developments, Homeowners, Apartment Owners and

dollars that have been used for years to help many associations fund reserve accounts and community improvement projects. CAI estimates that as many as 11 million homeowners would find it difficult to sell their homes if the government moves forward with plans to ban these fees. Learn more about the FHFA proposal

Consumers in complex matters relating

at www.caionline.org, keyword FHFA.

to Construction Defects and Class Actions.

More than 1,500 CAI member community managers responded to the September 2010 survey.

AV RATED*

Offices throughout Arizona, California and Nevada

(877) 520-3455

www.FeinbergGrant.com *AV is a registered certification mark of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedure standards and policies.

30

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

HOM E O W N E R S ’

C O R N E R

Budgeting Need Not Be A Chore, Help is Available The Department of Real Estate (DRE) publishes an Operating Cost Manual For Homeowner Associations (Manual) that is Readers of this column are encouraged to send their opinions on the above and suggestions for future columns to samdolnick@juno.com or by phone, 619-6974854. Sam Dolnick has served as president of his association, is a former homeowner representative of the San Diego Chapter Board of Directors, former homeowner trustee of CAI National, and former director of the CAI Foundation for Community Association Research. He is currently homeowners’ delegate on the California Legislative Action Committee, and president of the Baker/ Dolnick Education Foundation.

Guest articles are always welcome!

following under the Administration section, page 21.

“404. EDUCATION. Due to the

a gold mine of information on budgeting,

sophistication required in running

assessments, reserves, and various levels of

homeowners associations, it is incumbent

association management for associations,

that board members and officers be familiar

boards of directors and managers. The

with laws regulations, codes, governing

last version of this Manual was updated

documents, etc. that impact their fiduciary

in April 2007. It was first published in

duties and responsibilities. Courses and

1975; this revision is the thirteenth.

seminars are available through various

“The manual is designed as a guideline

industry groups such as the Building

to assist homeowners’ associations,

Industry Association (BIA), Community

developers and management firms of

Associations Institute (CAI), California

common interest subdivisions in budget

Association of Community Managers

preparation.” This is an excellent resource

(CACM), Executive Council of Homeowners

that very few individuals in the common

(ECHO), etc. There are also courses

interest community are apparently aware

available at community colleges, adult

of. However, it is a document that every

education programs, etc.

common interest association manager,

“Since board members change and

every association, every board of directors,

courses are not always available when

and every reserve specialist should

needed, the cost of education should be

become intimately familiar. It is especially a

continuous. The recommended minimum

wonderful guideline for the approximately

is $3 per unit per month or $50 per month

60% of associations that are 50 units or less

whichever is greater but no more than

and are managed by its board of directors.

$5,000 per year. This is based on the

This manual may be ordered from the DRE

assumption that not all board members will

for $10 or may be downloaded from the

attend courses at the same time or even the

DRE website at www.dre.ca.gov/pdf_docs/

same course. Another way for the boards to

re8.pdf.

keep abreast of current changes in the laws,

Prior to1994 the manual had no

etc. is to purchase reference material and/or

provision for setting aside money in the association budget for board member

industry periodicals.

“In addition to this manual, the

education. However, because of constant

Department of Real Estate (DRE) publishes

letter writing and the persistence of this

another manual titled Reserve Study

author to the DRE, the March 1994 revision,

Guidelines for Homeowners’ Association

in its budget calculations, contained the

Budgets. Also, two other good sources Continued on page 32

COMMON ASSESSMENT MAGAZINE • WINTER 2010

31

HOMEOWNERS' CORNER

that may be provided. Following is the DRE SUMMARY of

Continued from page 31

management services.

for real estate law and regulations are the Real Estate Law

Whatever form of financial, administrative or management

Book, published by the DRE and the Condominium Blue Book

program is budgeted for the association, the following cost

published by Dranden E. Bickel, B&B Publications.

guidelines have been developed from actual industry practices.

In the section under “401 MANAGEMENT,” page 19, the

Small associations with less than 12 units self managed

following appears:

• $10 per unit per month or

The management function of a community association is

• $100 per month whichever is greater

administrative in nature. The Board of Directors is the principal policy making body for the association. Their role is to govern

“Fiscal billing and collection activities (other than delinquency collection)

by establishing policies, operational standards, procedures,

• $10 per unit per month or

fiscal policies and eventually the association’s operating budget.

• $350 per month, whichever is greater

Implementing policy governance means the Board does not get

“Financial service including billing, collection, payment of

involved in the day-to-day operations of the association. The role

invoices, preparation of financial statements and fiscal compliance

of the community management professional is to implement the

to California Civil Codes

policies and procedures established by the board.

• $13 per unit per month or

This section goes on to describe various aspects of

• $850 per month, whichever is greater

professional management companies and the level of service

CAI-CLAC: Serving 9,000,000 Californians ... 2010 Key Bill Status Summary Bill Author

Issue

CAI’s Position

AB 1726 Swanson

Gives HOA’s ability to reduce quorum requirements for board elections.

Sponsor/Support

AB 2016 Torres

Gives HOA’s ability to record a single “blanket” request (covering all parcels) to be notified of foreclosure sales; enables HOAs to commence billing for assessments much sooner.

Sponsor/Support

AB 1793 Saldana

Oppose Prohibits HOAs from restricting installation of artificial turf by homeowners. Sponsored by San Diego Water Authority and supported by many water agencies.

As introduced, HOA’s would have had When the bill was introduced, extreme difficulties limiting renters. As CAI’s position was opposed amended, It would affect few, if any, unless amended. CAI went HOA’s. Sponsored by CAR. neutral once amended.

AB 1927 Knight

Status

Cost Increase or Cost Savings Vetoed Potentially saves many thousands of dollars per HOA by avoiding repeated election attempts when quorums are not attained.

Has significant impact on Signed into law. assessment collections; keeps Effective HOA’s solvent as dues can be 1.1.11 collected several months earlier.

Vetoed

Avoids the potential of being sued due to exposure to toxins in some products.

Vetoed

As amended, it will have little, if any, cost.

Dead; bill was Every HOA could have lost Oppose. Generated 900+ As introduced: Should owners be dropped by thousands of dollars because letters of opposition. Author empowered to stop paying author. the bill permitted owners to accepted all of CAI’s assessments? Should collection dictate when and how they agents be barred from being paid for amendments; thus, the bill was would pay assessments. gutted and collection agents work performed? As last amended, agents would be bound by work out would be bound by pre-existing work out arrangements arrangements previously entered into between owners and their between owners and the HOA. HOA’s.

Sponsored by CARA. CAI-Opposed Died in Senate Extremely costly to new HOA’s AB 1975 Sponsored by the Sierra Club. as they would have been Appropriations Fong Supported by water agencies to prohibited from charging Committee. require new multi-family developments owners for their water usage. to have one master water meter and individual sub meters to each dwelling.

AB 2502 Brownley

32

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

Administrative and compliance program which includes financial services, administrative duties and compliance to regulation and California Civil Codes • $17 per unit per month or • $1,900 per month, whichever is greater Full service management program which includes financial services, administrative program, as well as defined management activities involving the creation and implementation of plans for the maintenance of physical amenities –

Providing Community Associations with Insurance Solutions BERG INSURANCE AGENCY, INC.

23651 Birtcher Dr., Lake Forest, CA 92630 5055 Avenida Encinas, Suite 100, Carlsbad, CA 92008 800.989.7990 phone 949.586.9877 fax

larger associations • $20-$30 per unit per month or • $4,000 per month, whichever is greater Full-service management program by full-time association employee large associations • $4,200 or more (depending on size) a month per manager plus 35% for payroll costs and benefits Full-service management by product type • Attached units: Base fee of $2,500/ month or $15-$20/unit/month whichever is greater.

• Mid-Rise Condominiums (30-60 feet high): Base fee of $3,500/month or $25$35/unit/month, whichever is greater.

• High-rise Condominium (over 70 feet high): Base fee of $4,500/month or $35$50 unit/month, whichever is greater.

Detached Units Master Planned Communities: Base fee of $2,500/month or $15-$20/unit/ month, whichever is greater.

Planned Developments: Base fee of $2,500/month or $15-$20/unit/month, whichever is greater.

The Manual gives detailed cost data on all aspects of the association and the reserve worksheets presented are especially useful.

All of the above are guidelines, but these guidelines should be taken as a frame of reference so that volunteer Continued on page 34 COMMON ASSESSMENT MAGAZINE • WINTER 2010

33

September 10 Morning Educational Program HOMEOWNERS' CORNER

functional, although CAI Natonal has

Continued from page 33

developed an on-line education program.

board members, who have no experience

The DRE Manual, in this author’s opinion,

or expertise in developing policy for

is one of the best items for any education

their associations, will be able to make

course.

informed decisions.

This Manual has much more, for all

At various times boards and/or homeowners have questions regarding

practitioners in the common interest

equal and variable assessments. Pages

development industry, especially the

3-5 of the Manual give a detailed analysis

education of board members. Civil

for this delineation. After developing the

Code 1363.001 currently provides to the

budget a “Proration Schedule Worksheet”

extent existing funds are available, the

is provided that will determine whether

Department of Consumer Affairs and the

or not the association may change,

Department of Real Estate shall develop

by amending the CC&Rs, from equal

an on-line education course for the board

assessments to variable assessments or

of directors of an association regarding

vice versa.

the role, duties, laws and responsibilities

It is only a matter of time before the

of board members and prospective board

state mandates education courses for

members, and the nonjudicial foreclosure

association boards of directors. It is best

process. Unfortunately, the online program

for board members to get a jump on what

that the state has to produce is not yet

is inevitable.

34

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

With a cast of several characters, the live presentation of "A Dysfunctional Board” on September 10 effectively demonstrated three scenarios dealing with pertinent board of directors issues.

The program was a morning full of fun, entertainment and education touching on topics such as uniting a board of directors, dealing with difficult homeowners, making informed decisions by weighing the merits of various opinions, formulating effective solutions to community challenges, preparing and operating within a cost effective budget, requirements for creating or amending the rules ad regulations and emotional concerns such as tree removals.

The Program was coordinated by Educational Committee Members, Shannon Smith – Artistic Maintenance, Inc., Brian Blackwell – West Coast Management and Shaunmarie Daly – KR Landscape, Inc.

Associated Professional Services The Management Alternative

Providing cost-effective, efficient Accounting Services for: • Self-Managed Homeowners associations • Associations Employing an On-Site Manager • Portfolio Managers Call Neal Chazin

ABOVE - The lively cast included Cheryl Leonard - Curtis Management, Any Ferrel – N. N. Jaeschke, Inc., Loren Fisk – Walters Management, Jim Fraker – PCM, Richard Johnson – Homeowner Westwood Townhomes, Julie Villelli – Del Mar Pacific General Contractor, Inc. and Kimberly Lilley – Berg Insurance.

Thank you to Our Sponsors Bald Eagle Security Services Global Disposal Reduction Services Peters & Freedman LLP Popular Association Banking ProTech Painting

PETERS ATTORNEYS AT LAW

(619) 299-6899

&

FREEDMAN,L.L.P.

A full service law firm dedicated to representing community associations

Experience you can rely on...

People you can trust Encinitas Office

Desert Office

(760) 436-3441

(760) 773-4463

www.hoalaw.com

mail@hoalaw.com

Restoration Management Company

COMMON ASSESSMENT MAGAZINE • WINTER 2010

35

By Sharyn Edwards, CCAM, AMS, CMCA

The Proper Care and Nurturing of our Business Partners

36

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

A

strong, positive relationship

with your business partners will benefit not only them, but your board, your homeowners, and you. During the course of my career, I have learned that in order to successfully manage my communities, my business partner associations must be sound. I believe that some managers may not feel the same way. Some managers feel that the business partner “works for me” and because they are service providers, they are expected

How important is a manager’s relationship with their business partners? The correct answer is…ABSOLUTELY VITAL! Managers call on business partners every day and expect their support, usually as soon as possible.

It’s true that business partners are in business to provide support to our communities, but how you treat your business partners is the key to your success.

to always provide

being unethical, this position is completely unprofessional and should not be tolerated.

As managers we depend on our business partners to help support us in being more effective in our roles. Imagine if all of your business partners quit and left the property?

Who would you call on to address your work orders? You would be calling all the other business partners, asking them to help you out in this time of need.

Can you expect that they will help you at a moment’s notice? If you take

and give to the

good care of them,

manager. This concept of business

then you could expect that they will

partners always offering and agreeing

do everything in their power to take

at any expense is very unfair. Managers

the stress away from you. It is easy to

begin to take advantage of business

not recognize just how valuable your

partners’ kindness and treat them as

business partners truly are; not just to

if they were inferior to the manager.

your properties, but to your professional

More and more I see managers talking

career. A positive relationship with

down to their business partners with

your business partners will absolutely

the attitude of “it’s their job and they

affect not only your work but how you

work for me.” Also managers will go

are perceived and respected by your

so far as to ask business partners for

peers. Managers should be aware

gratuities, with the expectation of

that business partners in this industry

receiving everything they want. They

are friends and always meet up at the

presume that since the business partner

events and luncheons. If you are a

can “write off” the expense, it’s really

manager that has burned your bridges,

no cost to the business partner. Besides

Continued on page 38

COMMON ASSESSMENT MAGAZINE • WINTER 2010

37

PROPER CARE AND NURTURING...

with their recommendations. What can

of just how valuable they are to us and

Continued from page 37

you do better to help them in their job

the success of our work. Could you call

all of the business partners will know.

functions? Leave for work early one

your business partner at five o’clock on a

morning and pick up a latte and deliver

Friday afternoon with an emergency that

pool of business partners that we have

it to them on the job site. Purchase a

needs immediate attention (of course)

to work with to become even smaller

gift card and sent it to them along with

and really expect them to first, answer

than it is. I personally like to treat my

a thank you card. This small gesture will

their phone and second, to jump right on

business partners as if I work for them. I

be tremendously appreciated. Just like

it for you? You should be able to answer

want to know what I can do for them to

us managers, hearing complaints all day,

this question with a yes. While it may be

make their job easier. Ask your business

every day, greatly influences our mood.

true that business partners are deducting

partners for their professional opinions

Business partners also receive those same

their expenses when they provide gifts

on issues that arise and move forward

complaints and must be onsite to provide

or sponsor us for an event, (which is still

a service, thus putting them on the front

a cost to them), it is a valuable gesture

line of the battle. Think about how great

and should be recognized. Showing your

you feel when you receive that one

appreciation – to anyone you encounter in

email from a homeowner, for no reason,

life – is always beneficial to you as well as

thanking you for that one small thing you

to those you encounter. The mere action

did last week, which has made their life

of you showing your gratitude will not only

more enjoyable. Your actions were just

benefit you but will carry you for a long

you doing your job, but that homeowner

time. It always makes us feel better when

did not have to do anything else, but

we make someone else feel good. The

someone taking the time to let you know

next time you see your business partner

that they were affected by that issue and

at an industry event, greet them and ask

were so grateful for your help feels good.

them if you can buy them a drink. Ask

Usually the compliments will carry us

them if there is anything that you can do

through until the next one.

for them. Taking the time out of your day

These actions will only cause the

Serving Community Associations Since 1983 Landscape Maintenance & Installation Irrigation Services & Water Management Experienced, Certified, Knowledgable Staff CLCA Certified Water Managers Certified Landscape Technicians (CLT) ISA Certified Arborists

Business partners are service providers just like we are! It is crucial that you

definitely be noticed and remembered the

share positivity with them and recognize

next time you call on them for their help.

their efforts. Without the help of our

800-439-9962 • fax 619-390-0865 www.pacificGreenLandscape.com

phone

to offer your help to improve their day will

Business partners are solicited many

business partners, how effectively could

times throughout the year for many things

we manage our communities? Just

such as manager sponsorships, event

imagine how terrible your day would

sponsorships, prize giveaways, etc. So

be if you did not have any business

when they choose to sponsor you for

partners working that day. That is proof

an event, make sure to do at least these

CA State Contractors License #462677

three things: 1. Attend the event. If you cannot attend, please notify the business partner as soon as possible.

2. Find them and thank them for their sponsorship.

3. Ask them if you can sit with them during the meal.

Show them that you appreciate them!

Sharyn Edwards, CCAM, CMCA, AMS is a community manager with Hudson Management Services.

38

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

Day at the Races AUGUST 18, 2010

an say – our account executives know management backwards and forwards.

an say – our relationship managers speak your WIN nd understand your business.

PLACE

SHOW

CE an say – our technology group has ON, ed the business of association management.

NTAL

Animal Pest Management

AV Builder Corp

Arborwell

Law Offices of Richard Salpietra

Artistic Maintenance

Peters & Freedman LLP

UCTION

Epsten Grinnell & Howell APC

Popular Association Banking

G4S Secure Solutions USA

Pro-Tech Painting

Morgan Stanley Smith Barney

Sullivan Construction Management

pEriEncE AMERICAN TECHNOLOGIES, INC.

O’Connell Landscape Peters & Freedman LLP

cy services due to water natural •disaster nking HOA Loans • Internet Cash Management Payment and mold Systems remediation• Dedicated Customer Service experts Cyndi Koester CCAM PCAM mercial and industrial AVP/Regional Account Executive and restoration

nse )

949.235.8498 Toll Free 866.800.4656, ext. 7494 cyndi.koester@cabanc.com

ion 784

cabanc.com

ion Banc is a division of Mutual of Omaha Bank. Member FDIC. Equal Housing Lender Member of Community Associations Institute. CACM Affiliate Member.

Restoration Management Company S.D. Preferred Property Managers, Inc. Smith Architects Steven Smith Landscape, Inc. The McGowan Companies

COMMON ASSESSMENT MAGAZINE • WINTER 2010 Equal Housing Lender

39

Service Directory Display advertisers receive a complimentary listing in the Service Directory.

COMMUNITY ASSOCIATION MANAGEMENT Associated Professional Services

FINANCIAL SERVICES CONT'D. Popular Association Banking

S.H.E. Manages Properties, Inc.

GENERAL CONTRACTORS Del Mar Pacific

Neal Chazin................. 619-299-6899 x101

fax 619-299-8242

nchazin@apsmanagement.com

www.apsmanagement.com

Karen Martinez, CCAM .................................. 619-291-6300 x 320

fax 619-291-8300

karen@shemanages.com

www.shemanages.com

Summit Property Management ACCOUNTANTS Sonnenberg & Company

Leonard Sonnenberg............ 858-457-5252

fax 858-457-2211

lens@sonnenbergcpas.com

www.sonnenbergcpas.com

ATTORNEYS Adams Kesler

Adrian Adams...................... 310-945-0280

fax 310-945-0281

www.davis-stirling.com

Anderson & Kriger

Janet Wilcox......................... 619-589-8800

fax 619-464-2600

jwilcox@a-khoa.com

www.a-khoa.com

Epsten Grinnell & Howell, APC

Jon Epsten, Esq.................... 858-527-0111

fax 858-527-1531

jepsten@epsten.com

www.epsten.com

Feinberg Grant Mayfield Kaneda & Litt

Katy Krupp........................... 949-554-0700

fax 949-554-0707

kkrupp@feinberggrant.com

www.feinberggrant.com

Greco Traficante Schulz & Brick, APC

Peter Schulz......................... 619-234-3660

fax 619-234-0626

pjs@gtlaw.com

www.gtlaw.cc

Peters & Freedman, LLP

David M. Peters................... 760-436-3441

fax 760-436-3442

www.hoalaw.com

Law Offices of Richard Salpietra

Rick Salpietra........................ 858-756-2233

fax 858-759-9938

rsalpietra@salpietra.com

www.salpietra.com

40

John Kiss.............................. 619-296-7232

fax 619-296-7011

summitpropmgt@yahoo.com

Walters Management Company

Joe Farinelli.......................... 858-495-0900

fax 858-495-0909

jfarinelli@waltersmanagement.com

www.waltersmanagement.com

Curtis Management Company

Patrick S. Campbell, CCAM ............................................ 858-587-9844

fax 858-587-9972

pcampbell@curtismanagement.com

www.curtismanagement.com

CONSULTING Curtis Management Company

Patrick S. Campbell, CCAM ............................................ 858-587-9844

fax 858-587-9972

pcampbell@curtismanagement.com

www.curtismanagement.com

EMERGENCY RESTORATION SERVICES Clean Earth Restorations

Larry Hooper........................ 714-864-5171

fax 714-864-5190

lhooper@bpop.com

www.bpop.com

Julie Villelli............................ 858-792-1500

fax 858-792-0076

www.delmarpacific.com

INSURANCE Berg Insurance Agency

Kimberly Lilley, CMCA, CIRMS ............................................ 800-989-7990

fax 949-586-9877

kimberly@berginsurance.com

www.berginsurance.com

LANDSCAPE MAINTENANCE AND/OR CONSTRUCTION LaBahn’s Landscaping

Michael Salsberry................. 619-579-9151

fax 619-461-0814

msalsberry@labahns.com

www.labahns.com

New Way Landscape and Tree Services, Inc.

Arthur Raybold.................... 858-505-8300

fax 858-505-8305

araybold@newwaypro.com

www.newwaypro.com

Pacific Green Landscape, Inc.

Stephanie Lundstrom........... 619-390-9962

fax 619-390-0865

stephanie@pacificgreenlandscape.com

www.pacificgreenlandscape.com

Rachel Roberts..................... 619-284-4239

fax 619-284-4279

rachel@cleanearthrestorations.com

www.cleanearthrestorations.com

Steven Smith Landscape

FINANCIAL SERVICES Mutual of Omaha Bank / CondoCerts

Westturf Landscape

Cyndi Koester...................... 949-235-8498

fax 888-493-1973

ckoester@cabanc.com

www.cabanc.com

First Bank

Jan Hickenbottom................ 800-848-6771

fax 949-477-0255

Jan.hickenbottom@fbol.com

www.FirstBankHOA.com

Pacific Western Bank

Ken Carteron........................ 760-432-1335

fax 760-432-1339

kcarteron@pwbonline.com

www.pwbonline.com

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

Gigi Golden-Smith............... 760-745-9916

fax 760-745-1982

ggolden@stevensmithlandscape.com

www.stevensmithlandscape.com Heather Collins.................... 760-650-3120

fax 760-650-3125

heather@westturf.com

www.westturf.com

OUTDOOR FURNITURE Patio Guys

Dee Tucker........................... 800-310-4897

fax 760-599-4660

commercial@patioguys.net

www.patioguys.net

PAINTING CONTRACTORS Pro-Tech Painting

Chris Cena........................... 858-527-0200

fax 858-527-0220

chris@pro-techpainting.com

www.pro-techpainting.com

PEST CONTROL Payne Pest Management

Willie Payne......................... 858-277-2228

fax 858-277-2212

wpayne@paynepestmgmt.com

www.paynepestmgmt.com

RESERVE STUDIES Association Reserves San Diego LLC

Matthew Swain, RS............. 619-567-5239

fax 619-568-3564

mswain@reservestudy.com

www.reservestudy.com

Sonnenberg & Company

Leonard Sonnenberg............ 858-457-5252

fax 858-457-2211

lens@sonnenbergcpas.com

www.sonnenbergcpas.com

ROOFING Premier Roofing

Bill Capito............................. 619-667-4565

fax 619-667-1281

billc@premierroofingca.com

www.premierroofingca.com

SECURITY SERVICES Bald Eagle Security

Dmitriy Todorov................... 619-230-0022

fax 619-230-6610

dmitriyt@baldeaglesecurity.com

www.baldeaglesecurity.com

TOWING Western Towing

Kathy Tighe.......................... 619-297-8697

fax 619-296-2822

denisetb@westerntowing.com

www.westerntowing.com

TREE SERVICE New Way Landscape and Tree Services, Inc.

Arthur Raybold.................... 858-505-8300

fax 858-505-8305

araybold@newwaypro.com

www.newwaypro.com

WATER SUBMETERING California Sub-Meters

Danielle Poanessa................ 858-571-8999

fax 858-571-4470

danielle@calsubmeter.com

www.calsubmeter.com COMMON ASSESSMENT MAGAZINE • WINTER 2010

41

WHAT’S NEW IN SAN DIEGO?

Curtis Management Company has been awarded the Management Contract for Vista Pacifica @ Rancho San Clemente Homeowners Association and Windward Community Association in Oceanside.

Have you checked out CAI San Diego’s new website, www.cai-sd.org?

We have many new features for you to enjoy. Please remember that in order to register for an event at member pricing, you must log in first. Your user name is your e-mail address for the main contact at your company (or your own email if you are a manager or homeowner member), and your password is your zip code. Feel free to call the chapter office if you have any questions.

Thank you to our August 27, 2010 Trade Show Exhibitors

2010 Chapter President Chris Hodge, PCAM and guest speaker Susan Clarke.

42

A-1 All American Roofing Advanced Painting and Wood Repair Agriculture Pest Control Services American Geotechnical Animal Pest Management Antac Pest Control Aqua Blue Co. AV Builder Corp Bald Eagle Security Services Barney & Barney, LLC Barr Insurance Services, Inc. Black Mountain Plumbing Bob Piva Roofing California West Patrol EasyTurf, Inc. Empire Community Painting Hersum Construction Inc. Interiors: By Design LaBahn’s Landscaping Landsystems Master Plumbing and Leak Detection

WINTER 2010 • COMMON ASSESSMENT MAGAZINE

Morgan Stanley Smith Barney Mt. Helix Pest & Termite Control, Inc. New Way Landscape & Tree Service O’Connell Landscape Pacific Green Landscape, Inc. Pacific Western Bank Payne Pest Management Popular Association Banking Premier Roofing CA, Inc. PrimeCo Painting, Inc. Progressive Security Screens Pro-Tech Painting Reconstruciton Experts ResCom Services, Inc. Restoration Management Company Rodent Pest Control S.B.S. Lien Services Service Master by Rapid Response Servpro of Carlsbad Sullivan Construction Management Summit Security US Bank Wells Fargo Westturf Landscape Management Wood Wizzards

Position Yourself Above the Rest with the Essential Credential™ There’s one sure way to position yourself for success and advancement in community management— just as more than 10,000 other managers have.

Obtain the Certified Manager of Community Associations® (CMCA) credential!

The CMCA can help you reach your goals, earn more money and accelerate your career! And success requires just three simple steps.

1 2 3 Complete and pass a prerequisite course or have five years of experience

Submit application for CMCA examination.

Take & pass CMCA examination!

Start today by downloading a free, comprehensive study guide at www.nbccam.org!

Learn more about the CMCA certification program, including prerequisite courses and experience requirements, at www.nbccam.org or call 866.779.CMCA.

The CMCA is awarded by the National Board of Certification for Community Association Managers (NBC-CAM) and has been granted accreditation by the National Commission for Certifying Agencies (NCCA). NCCA accreditation provides independent validation that the CMCA program meets or exceeds twenty-one standards concerning various aspects of the certification program including its purpose, structure, governance, psychometric foundation, policies and procedures.

1081 Camino del Rio South Suite 207 San Diego, CA 92108

2010

CAI-SAN DIEGO Marketing Plan MeMbers

Platinum

Gold animal Pest manaGement Bald eaGle security del mar Pacific General contractors mutual of omaha Bank/condocerts Pacific Western Bank Peters & freedman, llP PoPular association BankinG Premier roofinG of california, inc.

Pro-tech PaintinG co. restoration manaGement comPany

Bronze Anderson & Kriger Artistic MAintenAnce AssociAtion reserves sAn diego, LLc Av BuiLder Berg insurAnce Agency cLeAn eArth restorAtions eMercon construction FeinBerg grAnt MAyFieLd KAnedA & Litt, LLP interiors: By design LABAhn’s LAndscAPing LAndsysteMs, inc.

LAw oFFices oF richArd sALPietrA MAster PLuMBing & LeAK detection Mt. heLix Pest And terMite controL new wAy LAndscAPe & tree service o’conneLL LAndscAPe PAciFic green LAndscAPe PAtio guys reconstruction exPerts rodent Pest technoLogies sBs Lien services serviceMAster By rAPid resPonse sKy security services us BAnK westturF LAndscAPe MAnAgeMent