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A P U B L I C AT I O N O F T H E G R E AT E R I N L A N D E M P I R E O F C A I
W W W. C A I - G R I E . O R G EXECUTIVE COMMITTEE Ms. Jackie Fromdahl......................................President Painting Unlimited, Inc. Mr. Nick Mokhlessin.............................President-Elect BrightView Landscape Services, Inc. Mr. Robert Serdoz................................. Vice President Elite Pest Management, Inc. Eric Zarr, CMCA, AMS................................... Secretary FirstService Residential, AAMC Lana Hamadej, PCAM.................................... Treasurer Avalon Management Group, Inc., AAMC Mr. Adam Armit......................................Past-President Landsystems/HortTech
BOARD DIRECTORS George Gallanes, CMCA, AMS..................................... Sunnymead Ranch PCA Ms. Mitzi Jimenez, CMCA, AMS.................................. Associa-PCM, AAMC Robert Riddick, CMCA.................................................. Sunnymead Ranch PCA Ms. Gina Roldan............................................................ ProTec Building Services Ms. Jessica Sedgwick, CMCA, AMS........................... Associa Equity Management & Realty Services, AAMC
TABLE
of CONTE NTS
5 President’s Message
Ms. Jackie Fromdahl
5 Member Designations Updates 6 For Board Consideration: Temporarily Relaxing Association Collection Policies
Mr. Calvin Rose, Esq.
8 Editor’s Link
Mr. A.J. Jahanian, Esq.
9 CAI-NATIONAL SPOTLIGHT: Stay-at-Home Orders and the impact on HOA’s
Ms. Laura Otto
10 Staying Grounded in Uncertain Times
13 CLAC UPDATE: Buck-A-Door Fundraiser 15 Pandemic Aftermath Common Facilities
Mr. A.J. Jahanian, Esq.
18 Open for Business Planning for a Return to a New Normal
Mr. Matthew A. Gardner, Esq.
20 Animal Instinct Insight on COVID-19 pest activity
Mr. Angelo Tomiselli
23 INSIDE BACK COVER: Five Helpful Tips to Stay Connected with CAI-GRIE
Ms. Kelley Grimes, MSW
12 Director’s Message Mr. A.J. Keefe
EXECUTIVE DIRECTOR AJ Keefe
DIRECTOR OF MARKETING Sean Floody
ADMINISTRATIVE ASSISTANT Elda Pfitzinger-Thomas
EDITOR IN CHIEF A.J. Jahanian, Esq..........................Beaumont Tashjian
PUBLICATIONS COMMITTEE Terri McFarland........ Broadband Agreements by MFC Gina Roldan.......................... ProTec Building Services
DESIGN & PRODUCTION Sean Floody All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Connect or the Community Associations Institute–Greater Inland Empire 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. Connect is an official quarterly publication of Greater Inland Empire Chapter of the Community Associations Institute (CAI– GRIE). The CAI–GRIE 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 the CAI–GRIE Chapter. Reproduction of articles or columns published permitted with the following acknowledgment: “Reprinted with permission from Connect Magazine, a publication of the Greater Inland Empire Chapter of the Community Associations Institute.” Copyright © 1998–2020 CAI-Greater Inland Empire Chapter. Advertising, articles or correspondence should be sent to: CAI-GRIE Chapter Headquarters 5029 La Mart, Suite A • Riverside, CA 92507-5978 (951) 784-8613 / info@cai-grie.org
ISSUE TWO 2020 • CONNECT MAGAZINE
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PRESIDENT’S MESSAGE MS. JACKIE FROMDAHL PAINTING UNLIMITED, INC.
H
ave you ever made the joke that smart phones are always listening? How our private conversations produce magic pop up ads on our social media feed regarding oddly specific topics. Well, I am not sure who was listening when I introduced my theme for the year 2020, “Challenge Accepted”, but joke is on me my friends! I was very unaware that there was going to be a global pandemic causing all of us to dramatically change the way we operate our businesses, further our education and connect with our clients and homeowners. To say this has affected all of us and changed our normal everyday life into something extremely unfamiliar would be an understatement. I am thrilled and appreciative to see you all taking on this challenge in stride. While many of us are considered essential workers, the outbreak of coronavirus (COVID-19) has affected many of our family members and friends and our hearts and best wishes go out to all those who have been affected as well. It is important to know that although things are changing almost daily, that the Chapter is working extremely hard to make sure the value of membership is still present for everyone. The committees and committee chairs are brainstorming ideas that will continue to set us apart from other chapters. The board of directors and Executive Director are focusing on transitioning and rescheduling events rather than canceling. We are keeping your best interest as members at the forefront of our decisions. Beyond the safety measures we have been provided, I believe the next most important thing we can do is to stay positive. I encourage you all to look at the glass as 100% full, not half full or half empty. You see, the glass is filled half way with opportunity and in in the other half we have accomplishment. We have accomplished so much already, including some new events hosted earlier in the year and a new website, but also coming up with some new ways to keep everyone safe once we can host events again (stay tuned). The opportunity is there for us to connect with one another in a different possibly more personal way; maybe a handwritten note, or a Zoom call in your favorite T-shirt? Challenge yourself to look at this time as a blessing, a time to refocus, self-reflect or possibly pick up a new hobby. Whatever you decide, spread the positivity and joy of this new experience with one another. There are a million things I am sure we have all heard over the last several weeks as well about positivity, adapting to change or even motivation, but I just want you all to know I’m proud of you! I am proud to see an organization composed of so many different people come together, still manage to connect and push through an extremely challenging time. Let’s continue to accept the challenge in front of us and finish 2020 even stronger than before.
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FOR BOARD CONSIDERATION BY: MR. CALVIN ROSE, ESQ., BEAUMONT TASHJIAN
TEMPORARILY RELAXING ASSOCIATION COLLECTION POLICIES AS A RESULT OF THE COVID-19 PANDEMIC
W
ith the spotlight shining brightly on the coronavirus (COVID-19) pandemic, association boards should be prepared to navigate some of the complicated issues it has created, particularly in regard to assessment collections. As we know, Governor Gavin Newsom has proclaimed a State of Emergency to exist in California as a result of the threat of the pandemic. What is more, he issued Executive Order N-33-20, ordering all residents, unless exempted, to stay at home. He also issued Executive Order N-28-20, which effectively suspended actions by a housing provider which would eject a person from their home (i.e., foreclosures).
Many Californians, including the members of over 45,000 homeowner associations in the state, are experiencing, or will experience, substantial losses of income as a result of business closures, the loss of hours or wages and layoffs arising from the COVID-19 pandemic. Members of associations experiencing substantial losses of income may be unable to meet their current financial obligations, including the payment of assessments.
With that said, community associations, through their boards of directors, are charged with the fiduciary duty to operate and manage community association affairs, including managing and maintaining the common areas. This also includes, among other things, enforcing the provisions in the CC&Rs, and any related collection policies, that speak to the timely payment of assessments, and the implications for not doing so.
Assessments are literally the lifeblood of associations. Without assessments, essential expenses and services to members, including, but not limited to, insurance, trash removal, maintenance of common areas, such as walkways/sidewalks, driveways, roads, landscaping, pools, structures, etc., cannot be funded.
In order to strike a reasonable balance between the needs of members experiencing substantial losses of income as a result of the pandemic, and the fiduciary obligations for boards to exercise (among other things) prudent fiscal management, boards may consider temporarily relaxing their collection policies. For example, boards
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THE OBJECTIVE HERE IS TO STRIKE A REASONABLE BALANCE BETWEEN THE NEEDS OF MEMBERS EXPERIENCING SUBSTANTIAL LOSSES OF INCOME AS A RESULT OF THE COVID-19 PANDEMIC, AND THE FISCAL WELL-BEING OF THE COMMUNITY ASSOCIATION. may consider temporarily suspending late fees and interest on delinquent accounts; and, in certain situations, temporarily reducing and/or suspending assessments, based on members providing objectively verifiable documentation of a substantial loss of income. Further, boards may consider temporarily imposing a moratorium on initiating and prosecuting an action to foreclose, as well as membership termination proceedings. Note, there is currently proposed emergency legislation, being considered by the state legislature, that will place a moratorium on community associations from initiating and prosecuting an action to foreclose as a result of the COVID-19 pandemic. Thus, any temporary moratorium adopted by boards would be superseded by more restrictive mandates imposed by law. In light of the unique challenges presented by these unprecedented circumstances, as well as developing changes in the law relative to same, community associations, through their boards, should consult with legal counsel to consider adopting/updating their assessment collections policies, in order to meaningfully address this situation. Note that waiving members’ assessment obligations altogether should be strictly avoided. To learn from lessons of the past, some boards elected to waive assessments for owners during the 2008 financial crisis and recession. This resulted in budgetary shortfalls for their associations. Given that
the board is charged with the duty of acting in the best interest of the community as a whole, waiving assessments would not align with this responsibility. Instead, boards should view each case with an eye toward compassion, and if necessary, propose payment plan options for the delinquent owner. Again, the objective here is to strike a reasonable balance between the needs of members experiencing substantial losses of income as a result of the COVID-19 pandemic, and the fiscal well-being of the community association. Boards should be wary of owners taking advantage of the pandemic to avoid their assessment obligations, versus the owner who is experiencing legitimate financial hardship. In the former case, the board should exercise greater scrutiny, while in the latter, a temporary suspension of late fees, etc., may be prudent. In either case, however, documentation substantiating a legitimate hardship should be required. Calvin Rose is an associate attorney with Beaumont Tashjian, where he devotes his time to representing associations as both general and litigation counsel. Mr. Rose advises boards and managers in the preparation, interpretation and enforcement of contracts; levy and collection of assessments; insurance coverage issues; governing document enforcement and regulatory compliance matters; and all other matters affecting associations. ISSUE TWO 2020 • CONNECT MAGAZINE
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EDITOR’S LINK MR. A.J. JAHANIAN, ESQ. BEAUMONT TASH JIAN
T
hough our last issue of Connect, celebrating the 30th anniversary of CAI-GRIE was published only a few months ago, it seems like far more time has since gone by. It is no secret that the novel coronavirus (COVID-19) pandemic has created unexpected and unprecedented challenges for our community leaders, many of whom are working tirelessly to keep operations running smoothly during an uncertain time for all. On the heels of California Governor Gavin Newsom’s Executive Order N-33-20, which ordered all California residents to stay at home and practice safe social distancing to help “flatten the curve,” managers and board members worked together to take immediate action and heed the directives of public health officials and protect the health and safety of their communities. Of course, some of these decisions have not been easy and undoubtedly beg the question, “What comes next?” We hope that this issue of Connect provides you with the guidance and perspective you need to answer the foregoing question and venture forward into these unchartered territories. The pandemic has certainly raised new and challenging concerns for our esteemed community, but not ones that are insurmountable. The insights from this issue’s volunteer contributors will shed light onto community association governance, maintenance and best practices, during this difficult time, and more importantly, beyond the pandemic. As a proud member of the CAI-Greater Inland Empire, I am confident that our community’s togetherness will not only take us through these uncertain times, but make us more robust and prepared for the future. I look forward to seeing the end result and continuing to do my part as your editor of Connect, which I am honored to be.
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CONNECT MAGAZINE • ISSUE TWO 2020
NATIONAL SPOTLIGHT
LANOITAN THGILTOPS
STAY-AT-HOME ORDERS AND THE IMPACT ON HOA’S BY: MS. LAURA OTTO
H
omeowners association board members and community managers will need to carefully consider how to prepare to reopen common areas and amenities as more states and localities begin to ease or lift stay-athome orders due to the COVID-19 pandemic. Certain questions should be addressed by management before making any decisions: Can we open? Should we open? What will this look like?
“It’s expected most orders will begin to be lifted in phases, and if your association can meet certain criteria, you can start opening,” says Jim Slaughter, managing partner at Black, Slaughter & Black in Greensboro, N.C., and a fellow in CAI’s College of Community Association Lawyers (CCAL). It’s important to consider government guidelines at the local, state, and federal level before reopening amenities and common areas. If an association can open, boards and community managers should determine which contracts to review and also look at their general liability insurance policy. “Most insurance companies put an exclusion for bodily injuries stemming from viruses, bacteria, and other continual diseases after the SARS epidemic in 2006,” says Eric Henning, AMS, PCAM, CEO of Community Management Associates in Atlanta, Ga.
If an association opens up and someone gets sick, is the association liable? “It’s recommended to check with your association attorney, but from a general liability insurance standpoint there is likely no coverage,” adds Henning. Opening up will look different for different types of common areas and amenities, explains Henning. Cleaning these common areas will be extremely important during the reopening process. He recommends that associations have some sort of standard operating procedure to make sure the facility is cleaned after use or have a third party come in and professionally clean certain amenities. During this time, communication is key. How should boards communicate new guidance on easing or lifting stay-at-home orders?
Kelly Zibell, AMS, PCAM, senior vice president at Associa Northern California-Stockton in Los Gatos, Calif., recommends letting residents know that the board is working on a plan that includes whether the association can and should open. Boards should consult with legal counsel and insurance providers on any plan they create before it’s implemented. It’s important to update residents daily or weekly on the status of amenities as these orders are lifted. Adding a disclaimer that the information can or will change in the future also should be included, according to Zibell. Disclaimer: This information is subject to change. It is published with the understanding that Community Associations Institute is not engaged in rendering legal, accounting, medical, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. ISSUE TWO 2020 • CONNECT MAGAZINE
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STAYING GROUNDED IN UNCERTAIN TIMES BY: MS. KELLEY GRIMES, MSW
C
OVID-19 has disrupted our lives in so many ways and left us feeling fearful and anxious. A recent Time Magazine article reported that “mental distress among Americans has tripled during the pandemic compared to 2018. Last month, roughly 70% of Americans experienced moderate-to-severe mental distress – triple the rate seen in 2018,” according to Jean Twenge, coauthor of the study and a professor of psychology at San Diego State University. With so many people quarantined and feeling heightened levels of anxiety, there may be more complaints than usual and an urgency to have the issues resolved immediately. Many people are feeling overwhelmed by the Impacts of social distancing, isolation, health concerns, balancing responsibilities of family and work, and financial uncertainty. Chronic stress causes us to operate consistently from our amygdala or the fight/flight part of the brain. Stress heightens our reactivity and the more our amygdala is activated the less calm and grounded we feel, and the less creative we are in our problem solving. Understanding the unprecedented levels of stress we are all experiencing is critical to staying grounded in these uncertain times. When we are able to recognize how stress is impacting us and those we work with, we can choose empowered strategies to effectively address the problem and avoid escalating it. As leaders in our communities we can have a positive impact by intentionally cultivating ways to stay grounded as we navigate this challenging time. 10 |
CONNECT MAGAZINE • ISSUE TWO 2020
Here are 5 ways to stay grounded in uncertain times: 1. Begin by choosing not to take things personally. When we intentionally choose not to take things personally, we naturally connect to others with more empathy and compassion. Coming from compassion makes it much easier to avoid getting defensive and to make space to hear what the other person is saying. In these times when there is so much unknown, choose not to make assumptions and take things personally. 2. Manage your own stress. When you notice that your stress is high, take a break. Cultivate self-nurturing practices like taking a walk, exercising, meditating, yoga, deep breathing, journaling, gratitude practice, etc. The more you manage your own stress, the less other people’s stress will overwhelm you and the more you will be able to help create a more peaceful environment in your community. 3. Cultivate a non-anxious presence by choosing to pause, breathe, ground, and listen when addressing an issue. Use the STOP practice when feeling your anxiety creep in before responding– stop, take a breath, observe, and then proceed. If you practice this strategy throughout the day, you will notice when your stress level has increased and can make an empowered decision to do something nurturing before you become overwhelmed. Non-anxious leaders are the most effective in resolving problems and helping to decrease anxiety in difficult situations engendering more trust.
4. Engage in active listening. Now more than ever, active listening skills are required to support others personally and professionally. When we choose to actively listen and use reflective listening skills, we acknowledge, affirm, and hear the need under the complaint. You can reflect feelings you hear, acknowledge the challenging experience the person is having, and summarize what you have heard in order to see if you missed anything. Bringing your full attention when listening will support you in active listening, as will not taking things personally, managing your own stress, and cultivating a non-anxious presence. 5. Understand the scope of your role and limits of your responsibility. We are more sustainable and effective in our jobs when we remember the scope of our role and do not try to take on more responsibility in the situation than we have. We cannot fix everything and reminding ourselves that we have a role to play as do others, can be very grounding. Clarify your role and then reach out to others to support the resolution of the problem. These unprecedented times require that we cultivate an ability to respond non-anxiously, and with compassion, in order to support our communities like never before. Knowing that we are all going through this difficult experience together can deepen our empathy and compassion and guide us in bringing more kindness and peace to the world. Out of this challenge can blossom incredible opportunities for us to positively impact our communities by bringing our non-anxious leadership and remaining grounded in these uncertain times. May you feel empowered to do so! Kelley Grimes, MSW, is a counselor, speaker, internationally bestselling author and self-nurturing expert. She is passionate about empowering overwhelmed and exhausted individuals to live with more peace, joy, and meaning through the practice of self-nurturing. Kelley also provides professional and leadership development to organizations dedicated to making the world a better place. She is married to an artist, has two empowered daughters, and loves singing with a small women’s group.
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DIRECTOR’S MESSAGE MR. A.J. KEEFE
CA I - G R E ATER I NL A ND EM PI R E C H A PTER
A
ssociations are created for difficult times similar to what we are currently facing. They build a community or support group for folks to lean on when their own resources may not be enough. They provide resources and education to help maintain the mental and physical well being when facing adversity. They help influence legislation that can better aid their membership to tackle issues they may be facing. They even provide services that are only made available due to the pooling of contributions. These are some of the reasons why you can look toward CAI and more specifically the Greater Inland Empire chapter as valuable resource in these times. On the inside back page we have outlined the multiple ways you can stay engaged with us during these difficult times. We are constantly brainstorming new ways to bring all of you together in a safe way in order to provide that interaction so many of you depend on. Some of the new events we created that are coming up is an online poker tournament, virtual marathon and multiple education sessions.
let them know we are working to make sure they receive ample value for investing in our chapter. We are holding off on cancelling any events but rather postponing events to the latter half of the year. Knowing this, we are trying to be as sensitive as possible to your schedules with multiple CAI Chapters and other associations jockeying for the same dates. If this plan causes you some anxiety or creates worry on your behalf, please reach out to me through email of call us at the office to talk through everything. We truly appreciate your support and will do everything in our power to make sure you are satisfied with the outcome. A list of 5 helpful tips to staying connected to CAI-GRIE during these difficult times can be found on the inside back-cover of this issue. You will find the Chapter’s social media accounts, website URL and contact information.
While we may be slowed by the coronavirus, we are not stopping. We would like to thank our business partners for their support and
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PANDEMIC AFTERMATH COMMON FACILITIES BY: MR. A.J. JAHANIAN, ESQ., BEAUMONT TASHJIAN
I
t is no secret that the novel coronavirus (COVID-19) pandemic has thrusted our community into the throes of an unprecedented situation, forcing community leaders to make timely, sweeping, and in many cases, inconvenient decisions.
On the heels of California Governor Gavin Newsom’s Executive Order N-33-20, which ordered all California residents to stay at home and practice safe social distancing to help “flatten the curve,” many managers and board members worked together to take immediate action and heed the directives of public health officials. This included effectively shutting down access to all association common facilities, such as fitness centers, parks, pools and spas, screening rooms, etc. As we have progressed through the pandemic and seen some state and local municipality officials suggest re-opening certain aspects of society to the public, community association residents may be taking note, wondering when their common area facilities will re-open as well. Re-opening facilities may be of particular concern, in light of the impending summer weather. At the outset, any re-opening plan for the community should proceed with extreme caution and take into consideration the demographics and structure of the community. A community with a particularly highrisk population (i.e., 55+ age restricted communities) that is especially susceptible to the worst side effects of the virus, may determine that re-opening the facilities is premature, absent the development of a vaccine or data/literature suggesting a low or lower mortality rate of the virus.
Further, a decision to re-open should be made, based upon the recommendations of local, state and national health experts. However, even with a complete relinquishment of stay at home orders by state and/or local officials, boards should exercise caution to mitigate the risk of unnecessary liability or exposure. For example, social distancing protocols and respiratory etiquette (i.e., wearing face coverings) are the new norm, at least in the immediate future. Re-opening the facilities therefore, requires a calculated, phased approach, depending on the circumstances. Enforcing social distancing at a community pool, for example, may be more difficult (hence why many county health officers have ordered the closing of all public pools) than in other facilities, where residents can be asked to schedule access in advance, one at a time. Boards may decide to open only those facilities or areas, at this time, where it can best ensure, or at least increase the likelihood of maintaining the Center for Disease Control’s (“CDC”) and other’s health guidelines (i.e., social distancing). If prudent, parks or other large open spaces may be opened for use by individuals or members of the same household. Fitness centers on the other hand, which are often harbors of germs, should remain closed at this time, unless strict enforcement measures can be implemented (i.e., one-hour pre-scheduled reservations for a single resident [depending on size of the facility] with intermittent cleaning, etc.). These general rules of thumb may also apply to other common area facilities such as tennis courts, CONTINUED ON PAGE 16
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PANDEMIC AFTERMATH: CONTINUED FROM PAGE 15
pickleball courts, basketball courts and pools and spas. The key items to consider, again, are the demographics and structure of the community, current state and local health officials’ guidance and recommendations, and the nature of the common area facility in relation to the association’s ability to enforce/promote social distancing and other protocols. Tennis, for example, is a sport that requires social distancing by nature. Basketball and swimming on the other hand, encourage greater person-to-person contact. However, in the latter instances, if the board determines that there is significant value of opening these facilities to the community, compared to the potential for risk and exposure, and the ability to ensure social distancing, etc., the board may make a determination to re-open. Likewise, a decision to re-open any common area facilities should be voiced to the community through individual notice, which outlines precise guidelines for use of the facility. For example, use of the facility should still be subject to social distancing rules, as defined by the CDC’s guidelines (i.e., maintaining a distance of at least six [6] feet), wearing of facial coverings, exercising respiratory etiquette, etc. Similarly, the community swimming pool may be opened, subject to restrictions against gatherings, total removal or at least rearrangement of furniture (to promote social distancing and discourage gatherings, minimize surfaces for the virus to survive on, etc.), occupancy and use limitations, frequent cleaning of appurtenant restrooms, increased inspections of pool cleanliness/chlorine chemistry, etc. If the facility will be limited to use by reservation only, the procedures for reserving should be described therein as well. Reservations should be limited to use by a single individual or members from the same household only (again, depending on the size and nature of the facility and other circumstances) and take into consideration the board’s ability to enforce the rules, ensure social distancing, and clean/sanitize the area between uses, if necessary. Finally, prior to re-opening a particular facility and subsequent use, boards should consider having residents sign off on waivers which state that the association cannot be held responsible if a resident contracts the virus in connection with their use of the facility. Ultimately, these issues are to be ironed out on a case-by-case basis, with consideration for the unique structure and needs of each community, as well as the nature of each specific common area amenity. If ever unsure, community leaders are strongly encouraged to consult with legal counsel, to determine how best to navigate this uncharted territory. We are all in this together, striving to break through to the other side of this pandemic as a stronger, better prepared, and more unified community. A.J. Jahanian, Esq. is an associate attorney with Beaumont Tashjian, where he devotes his time servicing the unique needs of the Firm’s clients throughout California. His devotion to residential and commercial common interest developments for the entirety of his career make him specialized to advise boards and management in the preparation and enforcement of governing documents and contracts, risk management, dispute resolution, fair housing compliance, and all other issues impacting community associations. Mr. Jahanian also handles matters related to the levying and collection of assessments.
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CONNECT MAGAZINE • ISSUE TWO 2020
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fter 6 weeks of working to flatten the curve, Californians are eager, yet anxious, to resume some sense of their former routines. Although Governor Newsom gave no firm timeline for an end to the “Stay at Home” Order, he acknowledged that it is a matter of days and not weeks before California starts to reopen. The CDC recommends three steps before businesses resume operation: 1. Develop a Plan 2. Implement Your Plan 3. Maintain and Revise Your Plan
Owners and boards who are ready can start planning a phased reopening for their communities. Boards should not reopen their communities until they have considered their basic needs, and have a plan in place to address essential elements. Below are a few ideas to help communities and boards begin the planning process. Staffing Management of High-Rise and Planned Development communities usually require staff to monitor services. Communities that provide onsite services may need to be sensitive to requests for a return of larger groups of employees/management/ vendors onto the property. Both owners and employees should continue practicing appropriate social distancing to reduce transmission. Staggered employment shifts may be required to maintain safety for owners and employees. Since employees will most likely be required to wear masks for the short term, think about how you can provide adequate gear and accommodations. Priority Warmer weather means a desire to utilize outside courts, playgrounds, pools, and picnic areas. However, boards still have to balance safety of the owners and compliance with state law. Communities should work with their management companies and legal counsel to prioritize which amenities pose the lowest risk and highest benefit to the owners. Can 18 |
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you ensure required level of social distancing? Can you minimize the risk of transmission? Consider whether reopening also requires elevated staffing to effectively operate.
Maintenance and Delivery After an extended absence in use, amenities may need associations to do some basic maintenance to get them user-ready. Don’t wait until the Governor officially reopens California to investigate what that requires, including: removal of outdoor furniture, new spacing in gyms and community rooms, or additional cleaning supplies and masks. Once the flood of owners return, an association may experience greater wear and tear than normal. Associations may need to work with management on an increased maintenance plan moving forward. As owners begin to return to common areas, there will be more contact with vendors and delivery people. The association may need to limit owner access when vendors are on site and consider having a designated area where vendors and Owners can receive delivery of food or other supplies. Although we may be moving away from “Stay In Place” orders, communities will still need to maintain appropriate safeguards for all employees and owners. Budget The more common areas and amenities in a community, the greater the cost of reopening and maintenance. Although some owners may believe costs have decreased, many communities may experience increased cleaning and vendor costs due to the current pandemic. The association may need to purchase additional cleaning supplies and masks for use by the owners and employees in shared Common Areas. Determine what the association is prepared to spend to ensure continued safe use of reopened areas. Communities that need to clean after contact with an infected individual can expect costs between $3,000 and $7,000 depending on the surface. The board may need to revisit the original budget and reallocate resources appropriately.
Local Guidance Governor Newsom has urged a cautious strategy for California. But not all counties and communities are on board. Some counties are deciding to reopen or remain in place based on county health and wellness trends. But even neighboring cities within the same county could see different standards at work. Ultimately, your community may look at your city, county, or even neighboring communities and see widely different decisions. Make sure that your community works within local requirements and coordinates with legal counsel on the latest orders, which in some cases are changing on a daily basis. Risk Finally, a decision to reopen any amenity comes with deciding your community’s tolerance for risk. Often associations maintain insurance to cover risks associated with routine operation. While it is unlikely that individuals could trace their illness to association property, it is equally unlikely that your insurance policy will cover risks associated with disease transmission. Take into account your community demographics, number of amenities, and appetite for risk before deciding that any amenity is ready for use. Unfortunately, there is no simple strategy to guarantee an easy opening. Every community needs to look at its budget, its owners, and its amenities to decide when it is right to safely transition. Once the association has basic planning underway and a good strategy in place, boards can look at slowly opening the community and protecting the owners and their interests. Matthew Gardner, is a partner of Richardson|Ober|DeNichilo who works with community associations, homeowners and HOA boards of directors to amend governing documents, resolve homeowner/ member disputes, manage assessment delinquency matters and provide leadership training to volunteers and community members.
OWNER S AN D B OA R DS W H O A R E R E A DY CAN START P L A N N I N G A P H ASE D R E O PEN IN G FOR T HE I R C O M M UN I TIE S.
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ANIMAL INSTINCT INSIGHT ON COVID-19 PEST ACTIVITY BY: MR. ANGELO TOMISELLI, RODENT PEST TECHNOLOGIES, INC.
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s 2020 approached everyone was anticipatory with what the year would bring. Little could we know or suspect the plague that was about to come upon us. As concerns and fears grew and local, state and federal government lockdowns began reducing human activity as much as 85% in some areas. Before we dive deep into what this all meant, we need to explore what human activity has on animal populations, their activity including the pests. Our presence has a twofold effect, some animals will be driven away from man, they will retreat and try to maintain as much of their secret life as possible. The flip side to that, other animals will begin to associate man with food and draw closer and even grow to depend on us for sustainability. In the case with rodents our presence is actually beneficial to them. When people move into an area, the environment and what occurs can and does change drastically. The natural ebb and flow of pest populations is allowed to take on a more even rise and fall, our presence if I may steal the term, flattens the curve. So, when times of drought or lack of food are occurring naturally which would in turn result in a declining pest population, because we provide habitat, food
and water their populations don’t fall as they would in nature. In fact, quite the opposite, they are allowed to grow because of the availability of these items. Our homes, landscape, irrigation and trash are all contributing factors to pest population growth even during hard times. As for predators, while even under ideal conditions predatory populations aren’t a controlling factor in pest populations. Most pests breed at a rate higher than the predatory animals can feed on them. Take owls for instance, in the past several years I’ve received many questions and even requests for installing owl boxes in communities to help control rats and populations. While this sounds ideal, he math on a natural predator heling to control a natural pest, doesn’t quite add up. Rats for example can produce over a thousand descendants in a years’ time, conditions will contribute to this number being higher or lower but as an average. Even the hungriest of Owls will consume, let’s be optimistic, 3 rats a week, which is a consumption rate of 156 rats in a year. For a predatory animal to be considered a CONTINUED ON PAGE 22
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natural means of control, they will have to consume or deplete the pest population by 70%. Its just not possible in most cases. So, now that we know we are part of the pest issue let’s look into the flip side of what human inactivity is doing to the pest populations, mainly due to the COVID-19 quarantine. Human activity (or in this case, a lack therefore of) has a ripple effect on many things. Pest activity isn’t one of the first things that come to mind, but it should. A side effect that is often talked about in pest control circles but gets little attention outside of the industry is the result of people feeding the animals. We are seeing the result of that with the lockdowns across the globe. As quarantines began and travel was restricted along with it the tourists many people began to see the effect on local animal populations that, well grew accustomed to man’s presence but were now presented a dramatic decrease in those activities. Since I can remember when I have always tried to educate people on the fact that feeding animals doesn’t help them, it hurts them. We have seen this play itself out on global stage in areas where animals have grown accustom to have tourists feed them. In Nara Park in Japan the deer expect that tourists will come, buy the rice crackers and get a well-deserved meal after bowing. In Thailand a scene that was on tv that was somewhat disconcerting was the large numbers of monkeys, macaques that were fighting each other over crumbs. Even in India a rare Civit was seen walking down the street, an animal that was once believed to be extinct and is rarely ever seen, literally strolling down the street. This is why feeding animals actually does them more harm than good. Animals that are or once were used to searching and finding their own food have no longer do. They feed on a diet of whatever we give them which is usually more harmful to them and starts to diminish their desire and ability to feed themselves. Remember Newtons Third law of Motion; For every action there is an equal and opposite reaction. Feeding of animals allows us to get closer to them observe them and take in their beauty. It is breaks down and, in some cases, completely erases their suspicions of man. This is not a desired effect that we want to have in our wildlife. They should and needs to remain wild. This is not just for our benefit, but mostly theirs, once an animal loses its natural fear of man it begins to act outside of its natural instincts, this
usually results in behavior that is not welcomed. Animals will become more aggressive because they expect a meal and when they don’t get what they want or need their behavior can be greatly affected. Rodent populations that were dependent on this food supply began to compete and their food sources all but dried up. With less human activity animals and especially rodents began to venture as they felt more at ease by the lack of our presence. This is happening in some unusual ways, businesses like car lots have seen an increase in rodent damage to their vehicles. Going through this pandemic has shown us many things, it has allowed us in the pest control industry to see what we’ve known for years play out in real time, that humans effect and contribute to pest populations and activity. We’ve always known and seen what our presence contributes in the way of food, water and harborage for pests and now we are seeing what that looks like when our presence is almost fully removed from the situation. With a whole scale reduction in our movement and use of facilities we have seen that pests will quickly move into those areas, not because they weren’t always there but because we no longer are. Angelo Tomiselli is the owner of Rodent Pest Technologies, Inc. He has been in the pest control industry for over 30 years. He holds a QAL, Operator branch 2 and trapping license which allows his company to provide a wide variety of services to over 800 communities throughout Southern Ca. Rodent Pest Technologies Inc is a full-service company providing inspections and treatments ranging from insects and termites to animal trapping and bird exclusion. He is a member of CAI in the Orange, San Diego, and Inland Empire.
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