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Connect
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 President Ms. Jackie Fromdahl, Painting Unlimited, Inc. President-Elect Mr. Nick Mokhlessin, BrightView Landscape Services, Inc. Vice President Mr. Robert Serdoz, Elite Pest Management, Inc. Secretary Mr. Eric Zarr, CMCA, AMS, FirstService Residential, AAMC Treasurer Ms. Lana Hamadej, PCAM, Avalon Management Group, Inc., AAMC Past-President Mr. Adam Armit, Andre Landscape Service, Inc.
BOARD DIRECTORS Ms. Mitzi Jimenez, CMCA, AMS, Associa-PCM, AAMC Mr. Robert Riddick, CMCA, Sunnymead Ranch PCA Ms. Gina Roldan, ProTec Building Services Ms. Jessica Sedgwick, CMCA, AMS, Associa Equity Management & Realty Services, AAMC
COMMUNICATIONS COMMITTEE Committee Chair and Editor in Chief Mr. A.J. Jahanian, Esq., Beaumont Tashjian Committee Co-Chair Ms. Kimberly Lilley, CMCA, CIRMS, Berg Insurance Agency
TABLE
of CONTE NTS
2 INSIDE FRONT COVER: Education Expo Update 5 President’s Message
Ms. Jackie Fromdahl
5 Member Designations Updates 6 Duck, Duck, Turtle Mr. Pat Simmsgeiger, CLM
12 Best Practices: COVID-19 How Does Disinfectant Cleaning Work in the Fight Against Covid-19?
Mr. Vinod Vullikanti
15 Reserves and Civil Code 5551
Mr. Kevin Leonard, RS
16 Pearls of Wisdom: Celebrating 30 Years
8 Editor’s Link
18 The How-To’s Community Association Insurance Claim Process
Mr. A.J. Jahanian, Esq.
9 CAI-NATIONAL SPOTLIGHT: COVID-19 Redefines Best Practices For Community Managers
Mr. Tim O’Keefe
10 Director’s Message Mr. A.J. Keefe
11 CAI-GRIE Event Health and Safety Precautions
Mr. Jon H. Epsten, Esq.
Mr. Joel W. Meskin, Esq.
21 CAI-GRIE Homeowner Leader Education CAI-GRIE Education Committee. 22 CLAC UPDATE: Buck-A-Door Fundraiser
Committee Member Mr. Eric Zarr, CMCA, AMS, FirstService Residential, AAMC
CHAPTER STAFF Executive Director Mr. AJ Keefe, CAI-Greater Inland Empire Director of Marketing and Design/Production Mr. Sean Floody, CAI-Greater Inland Empire Administrative Assistant Ms. Elda Pfitzinger-Thomas, CAI-Greater Inland Empire 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.
CONTACT Advertising, Articles or Correspondence CAI-GRIE Chapter Headquarters 5029 La Mart, Suite A • Riverside, CA 92507-5978 (951) 784-8613 / info@cai-grie.org CAI-GRIE Chapter Website: CAI-GRIE.org
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LANDSCAPE DEVELOPMENT
CONNECT MAGAZINE • ISSUE THREE 2020
LANDSCAPE MAINTENANCE
TREE CARE
WATER MANAGEMENT
LANDSCAPE 360
PRESIDENT’S MESSAGE MS. JACKIE FROMDAHL PAINTING UNLIMITED, INC.
F
rom the beginning of this pandemic until now, we have wanted to set ourselves apart from the other chapters by offering our membership something MORE! We continue to do so by maintaining free education virtually for all Manager as well as Homeowner Leaders, hosting in-person events and creating new value for our members. Please take us up on these opportunities! It is a top priority to keep everyone safe and comfortable as we continue to push forward. I also truly value the trust you have in us to take the necessary protective measures to keep our events well attended, but more importantly stay in compliance with current CDC guidelines. Your safety and comfort are of the upmost importance to me, the chapter staff as well as the Board of Directors. For the remainder of the year, there is a plan in place for hosting the remaining EEE’s, the golf tournament, regularly scheduled events with a subtle twist, and some new in-person, socially distanced, family-friendly events. We have so many fantastic volunteers, generous business partners, and dedicated leaders that really place us in great hands. Please stay tuned for what’s next and we look forward to you joining us! I miss each and every one of you and can’t wait until we are able to emerge from this COVD crisis and get back to a little bit of normalcy. Everyone stay safe and thank you again for your continued support on all fronts!
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Duck, Duck,Turtle BY: MR. PAT SIMMSGEIGER, CLM, DIVERSIFIED WATERSCAPES
I
remember my mother refusing to get a turtle for me as a pet. She understood that turtles transmitted salmonella, but she probably had no idea baby turtles also transmitted hepatitis-B. She told me not to touch the ducks in the neighborhood lake. She probably heard they hosted alpha-herpes virus, which caused high mortality rates in ducks, geese and swans. This disease first appeared in Long Island in 1967, transmitted from European flocks. In the last 50 years, these health threats have spread worldwide and normalized in the public mind. There is emerging evidence that turtles, ducks and geese, adapted to the diseases they carry, spread antibioticresistant bacteria. As an aquatic expert, what keeps me awake some nights is the possibility these bacterial strains could transfer their resistance to water algae.
Ducks and turtles are as ubiquitous to water environments as shells on a beach. These water species excrete waste with bacterium, which settles into soil already laced with antibiotic run-off from human activity. This long-term buildup becomes a habitat for new generations of bacteria. In a scientific study of a meat duck farm conducted in 2017, the data indicated that the deeper the excrement layers, and the longer these layers went without removal, the more numerous the antibiotic-resistant bacterial species, plus the greater number of antibiotics to which these species showed resistance. These bacteria also evolved resistance to zinc, copper and cadmium. Copper is the primary element used to control algae and cyanobacteria in water. A Harmful Algal Bloom(HAB) is the result of runaway algae and cyanobacteria growth when heat and nutrient loading are 6 |
CONNECT MAGAZINE • ISSUE THREE 2020
abundant, and eco-diversity is low. HABs can be extremely toxic. Could algae learn antibiotic and copper resistance from bacteria? Algae are in every environment on the Earth, having emerged as a simpler species about 1.7 billion years ago. Bacteria existed a couple billion years before that. Cyanobacteria preceded these by about 1 billion years, being the first life on this planet. Clearly these species learned or stole abilities from each other, then continued to evolve to the present day. It would be very unlikely that this adaptive behavior has suddenly come to a stop. More likely, these microorganisms are reacting to human activity, feeding on modern waste, adapting to our chemicals, while they continue to compete and learn from one another. Microorganisms comprise the vast majority of biomass, which has
always been true and will probably always be true; humans are a recent experiment. Algae colonies cannot be completely eliminated, only limited in size and reproduction. Not only are there immense varieties of microorganisms adapted to every environment, but each cell has the capability to create a daughter with adapted characteristics. There are about one trillion species of microbes on Earth, and 99.99 % of them have yet to be classified. Clearly, microorganisms have no problem evolving, with the new species consuming abundant nutrients while resisting threats that limited the mother cell. What is the possibility this new algae strain would move out of its home pond? Birds move from lake to lake, visiting all the water features in their territory. Turtles have a capacity to travel as well. The wind plays a large role in transporting microorganisms over long distances. The entire Earth is covered by microorganisms well-suited to each set of conditions. ‘Survival of the Fittest’ is the rule, so there is every reason to believe that once a species can resist local defenses, it will find a way to spread to every nutrient source available. For aquatics, copper is the active control ingredient when other measures fail. Although antibiotic resistance is a problem all its own,
it is algae’s resistance to copper that presents major concerns. But what can be done; is this inevitable? Human runoff into streams and lakes should be reduced, but this solution is beyond the scope of aquatic managers. Next is the cleaning of muck layers from lakes and ponds. This step is commonly delayed for decades for budget reasons. The last solution is the control of bird and turtle populations, which is socially and politically difficult to carry out. Reducing animal populations runs into regulatory issues, having nothing to do with The Endangered Species Act of 1973, but rather from public opinion. A complicated permit process is the bane of property managers. Restrictions on turtle, bird and fish removal defeats even a permitted refurbishment plan. A San Francisco property requires humane fish euthanizing, beginning with a gentle capture, then freezing, and finally a chemical soft-wash. After many years they are still looking for a contractor. Most water features in the United States are decades beyond their life-span for refurbishment. This delay in cleaning exacerbates the biologic risks while limiting water health. Recent events have demonstrated how quickly the status-quo can change. In 1967, Avian Infectious Bronchitis Virus was studied as a crossover vector for human bronchitis, the same year dead flocks were found in Long Island. Today, we may be ignoring signs of a larger problem, where algae could incorporate resistance from bacteria, vectored through birds and turtles which densely populate water features. Even recognizing the signs, our hands remain tied by sentiment for these adorable creatures, many of which we encourage to live in underserved lakes. Pat Simmsgeiger is the President of DWI, a Certified Lake Management company and manufacturer of aquatic product. He is one of the few individuals in the industry that is an expert in all stages of aquatic treatment, from product development and manufacturing to application and treatment with over 40 years of experience throughout California, the US, and internationally.
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EDITOR’S LINK MR. A.J. JAHANIAN, ESQ. BEAUMONT TASH JIAN
W
ith this third issue of CAI-GRIE Connect magazine for 2020, we continue to embark through a confusing and trying year, with helpful tips to make sense of these uncertain times. While new information about the novel coronavirus (“COVID-19”) is discovered, it tends to influence “stay at home” orders and other governmental mandates in often confusing and unclear ways. Keeping this in mind, we hope that Connect can continue to provide you with helpful guidance and varying perspectives from our knowledgeable authors, to help you navigate these unchartered territories. This issue provides additional tips and tricks for not just dealing with COVID-19 and pandemic related issues, but other relevant community association matters which may have been forgotten during such an unprecedented year. As always, it is a pleasure to serve as your Editor of Connect magazine for the year 2020.
COVID-19 RELATED RESOURCES AVAILABLE AT CAI-GRIE.ORG
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CONNECT MAGAZINE • ISSUE THREE 2020
NATIONAL SPOTLIGHT
THGILTOPS
COVID-19 REDEFINES BEST PRACTICES FOR COMMUNITY MANAGERS BY: MR.TIM O’KEEFE
S
ince the onset of the COVID-19 pandemic, community managers have moved quickly to implement best practices to keep residents and staff safe and healthy. COVID-19 will remain top of mind in the coming months, and many measures taken now are going to become a permanent part of our community operations. From using virtual technology to conduct association board meetings and connect with residents to new, necessary common area disinfecting procedures, emergency coronavirus response tactics can be implemented as regular tools for community managers to leverage going forward. Modifying how board meetings and elections are conducted. During the COVID-19 pandemic, many associations started using virtual meeting platforms to host regularly scheduled board meetings and elections, and have critical conversations about protecting residents. Some boards broadcasted virtual meetings—or replayed them—on closed-circuit television stations in their communities to keep residents informed. For elections, associations allowed mail-in votes to be cast and required ballot handlers to wear protective gloves. The next election
season will be here before we know it, and associations could use a similar approach out of an abundance of caution. Handling packages and food deliveries. The days of package drop-offs at the front desk could permanently give way to all packages being left at designated receiving areas to minimize the number of people entering communities. Staff members can sanitize package surfaces or recommend to residents that they do so before opening or immediately after touching the surface. Isolating food deliveries to a designated area, instead of allowing deliveries to be taken on elevators up to individual units, is a prudent measure with or without a major health crisis. Keeping common areas and amenities clean and safe. As associations closed nonessential common areas like pools and clubhouses, they limited the number of people entering essential areas like mail rooms and elevators. It is hard to imagine a scenario where associations immediately remove sanitizer stations and tell cleaning crews that they do not have to clean as often. Communities have learned so much about proper disinfecting techniques to minimize
the spread of germs that residents will expect it to remain a top priority. Reinforcing the importance of reserves. Approaches to reserves vary from association to association. Some operate with little to no reserves and rely on special assessments in emergency situations. Associations located in areas prone to hurricanes and other natural disasters will look to further supplement their coffers to account for infectious disease outbreaks. There is a silver lining to this crisis. It has given us the opportunity to learn from each new challenge and rely on our ingenuity and resilience to find new ways and solutions to deliver exceptional service to the communities we serve. _________________________________ 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. CDC has not reviewed, approved, or endorsed CAI’s Healthy Communities guide.
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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
R
isk management is one of those buzz words that you are always seeing pop up at conferences and seminars placing it firmly on your radar. Well this year the risks have jumped to the next level and in some cases the only way to manage them is by not having events. However, in our financial situation it became apparent fairly quickly that we were not going to have the luxury of taking that route. We sprang into action and tried to take precautions for every possible scenario in order to provide safe events for you, the membership. First, we are huge proponents of wearing masks at every one of our events. There are a multitude of factors that can make this difficult but at the end of the day we would like to make sure everybody returns home in good health. Second, we will set up events with social distance in mind. At expos you will see chairs spread apart, vendors staying behind their tables and one-way traffic on the expo floor. Next, we provide multiple sanitizing opportunities and masks are also available for folks who may have forgotten them. Last, we ask that if you are experiencing any symptoms that you stay home and get well so we do not put others at risk. Knowing this, we hope you feel safe and eager to participate! We will also keep some virtual events on our calendar because we know that in-person meetings are not for everybody. Either way, we look forward to interacting with you in the near future.
Photo of the socially distanced exhibitor booths during the expo portion of the CAI-GRIE Education Expo on August 10, 2020.
Photo of the socially distanced education portion of the CAI-GRIE Education Expo that was held at Big League Dreams: Riverside on August 10, 2020.
Greg Borzilleri of Accurate Termite & Pest Control showing off his mask at the check-in area for the CAI-GRIE Education Expo on August 10, 2020.
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CONNECT MAGAZINE • ISSUE THREE 2020
CAI- GRIE HE A LT H AND S AFETY PR ECAU TION S SYMPTOMATIC = STAY HOME
For the safety of all, we ask that any attendees experiencing symptoms related to COVID-19 to please stay home and join us another time when it’s safe for them to do so.
MASKS REQUIRED In accordance with the guidelines set by our local government, masks will be required to be worn by all attendees. Masks are available for those who may have forgotten one.
SANITIZE HANDS
Thanks to the CAI-GRIE 2020 Platinum and Gold level sponsors, hand sanitizing stations are available throughout the event in an effort to keep our Chapter healthy.
SOCIALLY DISTANCE In accordance with the guidelines set by our local government, all attendees are asked to practice social distancing of 6ft while networking with others.
SEATED DISTANCE
All the seating for the education portion of the event is placed in accordance with the 6ft social distancing requirements. We politely ask attendees not to move the chairs.
EXHIBITOR DISTANCE
Exhibitors are asked to remain behind their exhibit table and attendees are asked to keep a 6ft social distance, unless invited closer by the exhibitor. ISSUE THREE 2020 • CONNECT MAGAZINE
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BEST PRACTICES: COVID-19
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CONNECT MAGAZINE • ISSUE THREE 2020
HOW DOES DISINFECTANT CLEANING WORK IN THE FIGHT AGAINST COVID-19? BY: MR. VINOD VULLIKANTI, COMPLETESERVICES.COM.SG
T
here’s that old saying that cleanliness comes next to godliness. The notion that the human race has a moral obligation to keep ourselves, our homes and our workspaces clean couldn’t get a more resounding yes than in today’s context of COVID-19. That’s right. The “C” word has taken over the world with masks, hand sanitizers and stay home orders becoming the norm. But how much do we know about the cleaning disinfectant process that could be applied at three different phases; while seeking general peace of mind and safeguard against COVID-19, where there has been a transient case of COVID-19 or where there has been a confirmed case of COVID-19? Being a professional cleaning company, we break it down for you. Here’s what you need to know about how disinfectant cleaning works and please don’t try this at home yourself. There are three main aspects to disinfectant cleaning in the fight against COVID-19. The first is the type of cleaning agents and disinfectants that are being used. Be sure to inquire and confirm that the cleaning company you have hired is using disinfectant products with the active ingredient Benzalkonium Chloride (also known as Alkylbenzyldimethylammonium Chloride). This helps in the fight against the COVID-19 virus. Bleach products can also be used and should carry the active ingredient Sodium Hypochlorite. Now comes Protective Personal Equipment (PPE). Cleaning crew hired to carry out disinfectant cleaning undergo specialized training. This includes learning how to be dressed for the occasion with the correct PPE attire. Hair cover, face shield, N95 mask, surgical gown and gloves, and shoe cover are all must-haves when it comes to being in the right PPE outfit. And then the real work begins. If there has been a confirmed case of COVID-19, the cleaning company should firstly seal off all areas that the confirmed COVID-19 case individual may have visited or come into contact with. This is to limit and prevent any further exposure and spread to other unsuspecting individuals. Next step is to open up windows, if there are any, to allow ventilation while the cleaning crew is carrying out the disinfecting. The cleaning crew will fog the area using a specialized Ultra-Low Volume (UVL) fogging machine. The disinfectant chemical is released as a fog or mist that is dispersed and covers every corner of the site. Once
the site is supersaturated with the disinfectant chemical dispersed through the fogging method as fog or mist, allow 45 minutes to an hour for the disinfectant droplets to settle down onto all surfaces. The cleaning crew then proceeds to mop the floor area with bleach and wipe down all frequently touched areas such as hand rails, door knobs, arm rests, seat backs, tables, keyboards and more. The bleach can also be used to wipe down walls of up to 3 meters in height and blinds. Once a thorough cleaning wipe down of the site has been carried out, it is just as important to discard the cleaning material in a correct manner. All cleaning material made of cloth and absorbent material such as mop heads, wiping cloths etc should be disposed into a biohazard bag. The cleaning crew should then wear a new pair of gloves to fasten and double-bag the biohazard bag with a cable tie before properly discarding it. These are the key steps to carrying out a professional and thorough disinfectant cleaning service, if you or someone you know have come into contact with a transient or confirmed case of COVID-19 and are looking to disinfect the place. That said, it doesn’t hurt to carry out a one time disinfectant cleaning of your home or office if you are simply looking for some peace of mind. We hope this blog article has been useful as we continue the fight against COVID-19 one disinfectant cleaning at a time. Stay well and stay safe everyone! Vinod Vullikanti is with CompleteServices.com.sg and is a freelance writer for ExineArticles.com (Source: http://EzineArticles.com/10285189)
...IT DOESN’T HURT TO CARRY OUT A ONE TIME DISINFECTANT CLE ANING OF YOUR HOME OR OFFICE IF YOU ARE SIMPLY LOOKING FOR SOME PE ACE OF MIND. ISSUE THREE 2020 • CONNECT MAGAZINE
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CONNECT MAGAZINE • ISSUE THREE 2020
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RESERVES AND CIVIL CODE 5551 BY: MR. KEVIN LEONARD, RS, ASSOCIATION RESERVES
2
019 brought about a new legislative requirement that will affect many communities across California. When Governor Newsom signed SB 326 into law last year, a new, significant expense and inspection became a requirement for a large number (but not all!) of California communities that are organized as condominiums.
California Civil Code 5551, which went into effect January 1, 2020 only applies to communities that fit all of the following criteria: 1. Organized as a California condominium; 2. Association contains three or more multifamily dwelling units; and 3. Association areas of maintenance or repair responsibility must include exterior elevated structures (decks, balconies, stairs, walkways and their railings) that: a. Extend beyond the exterior walls of the building; b. Have a walking surface six or more feet above ground; c. Are designed for human occupancy or use; and d. Are supported in whole or in substantial part by wood or woodbased products. If your community has determined it fits the criteria, then a qualified inspector must be hired to conduct an inspection. The Code defines the inspector as a licensed structural engineer or architect. The inspector is required to inspect a random and statistically significant sample of elements that fit the criteria noted earlier. “Statistically significant” is defined specifically by the Code as a “sufficient number of units inspected to provide 95 percent confidence that the results from the sample are reflective of the whole, with a margin of error of no greater than plus or minus 5 percent.” The inspection is to be completed of “load-bearing components together with their associated waterproofing systems” by the “least intrusive method necessary”. This inspection may involve removing a portion of the building envelope to access the structural elements. Additionally, the Code references the possible use of
moisture meters, borescopes and infrared technology as possible tools to use in conjunction with the visual inspection. Depending on the observations made, the inspector may need to conduct a more intrusive investigation to ensure 95 percent confidence can be achieved. This inspection is not to be confused with California Civil Code Section 5550’s requirement for a “reasonably competent and diligent visual inspection” which is for budgetary planning purposes (a part of Reserve Study & budgeting process). The requirement under Section5551 is is intended for generally identifying whether the structural elements are safe or not. Both inspections are important pieces in the operation of a condominium association, but they are conducted by different professionals for different purposes. The report that is then produced by the licensed structural engineer or architect to comply with Civil Code Section 5551 will include the following information: 1. Identification of what elements fit the criteria to be inspected at the association; 2. Report on physical condition of the elements, including any “immediate threat to the health and safety of the residents”; 3. Anticipated life span remaining of the structural elements & waterproofing systems; and 4. Recommendations for any repairs or replacements of structural elements & waterproofing systems. CONTINUED ON PAGE 16 ISSUE THREE 2020 • CONNECT MAGAZINE
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PANDEMIC AFTERMATH: CONTINUED FROM PAGE 15
This report is then to be stamped or signed by the inspector, presented to the board, and incorporated into the association’s Reserve Study (so be sure to provide a copy to your Reserve Study provider to be incorporated into your next update!). Additionally, if any immediate threats to health and safety are identified: 1. The inspector is directed by the Code to provide a copy of the report: a. Immediately to the association upon completion; and b. Within 15 days of completion to local code enforcement agency (typically a city or county office) 2. The association must take immediate action to prevent people from accessing the area of concern until areas of concern have been repaired and subsequently inspected & approved by the local enforcement agency. The association’s first inspection, which must be repeated every nine years (to coincide with every third with-site-visit Reserve Study update) must be completed before January 1, 2025. For a new building, where the building permit application was submitted after January 1, 2020, the first inspection must be completed no later than six years after certificate of occupancy. All Civil Code Section 5551 inspection reports are to be maintained for two inspection cycles by the association. This law is not intended to limit the role or responsibility of associations in their maintenance, repair, inspection and replacement responsibilities. It is intended to supplement normal maintenance and Reserve Study inspections, provide an additional step by a skilled individual to minimize the growth of (expensive) undetected deterioration and ensure safe communities. Costs for this service (inspection & report ONLY) do not typically include costs for potential repairs to structure and/or waterproofing that may be identified in the inspection process.. Associations are strongly encouraged to obtain estimates from qualified vendors now, so that Reserve budgets can be adjusted to accommodate this significant “every nine year” cost, which needs to be performed in advance of your next Reserve Study with-site-visit update. Becoming compliant will be an additional expense, but inspections will be early ways to detect and avoid costly common area deferred maintenance and identify problems (hopefully) while they are still small. So, in addition to promoting safety, these inspections may actually provide long-term net cost-savings for associations. Kevin Leonard, RS is the President of Association ReservesInland Empire, LLC. Kevin is responsible for serving the Reserve planning needs of the Inland Empire and Coachella Valley areas.
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CONNECT MAGAZINE • ISSUE THREE 2020
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The How-To’ s COMMUNITY ASSOCIATION
INSURANCE CLAIM PROCESS BY: MR. JOEL W. MESKIN, ESQ., MCGOWAN PROGRAM ADMINISTRATORS
I.
The Claim Process begins before insurance is purchased! a. Shop for a Community Association Insurance Professional not the Policy. b. Purchase the best Coverage; avoid the seduction of the cheapest price. c. Beware of the Insurance professional selling price and not coverage. d. Require the Insurance Professional to explain their claim role. e. Insist that you receive complete copies of every policy and a schedule of Insurance.
II.
When do you tender (submit) a matter to an Insurer(s) for defense and indemnity? a. Tip: If you are asking the question, you have answered the question. b. The “CAM” or the Insured(s) should submit it to the Association’s insurance professional. If you have no CAM, designate a single board member to be the contact with the Insurance Professional? c. The Insurance Professional should advise if a matter should be submitted to the insurer, and if so, which insurer(s). d. The insurance Professional or Attorney advice received MUST be confirmed in “writing!”
III.
If the claim is a “liability claim” also contact the association’s attorney. a. Is there an insurance policy that should pay for the defense and or indemnity of the association, board, employee, volunteer or CAM (collectively “Insured(s)”)? b. Is there a third party that is responsible for the association’s defense and or indemnity notwithstanding the insurance (i.e. contractor, professional, or another entity agreeing to indemnify in a contract)? c. Make sure all the association’s insurance policies, contracts and governing documents, minutes and rules are in order to give expeditious access to your association counsel, or the insurer appointed attorney. d. Caution: as a general rule, no insurer is required to provide coverage, including defense fees, until it has given written consent to the Insured(s). Accordingly, do not assume corporate counsel will be reimbursed for any pre-tender fees.
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CONNECT MAGAZINE • ISSUE THREE 2020
IV.
When a Claim is received, the Insured(s) MUST protects the association’s interest. a. Insured(s) should not discuss ANYTHING about the Claim between and amongst themselves, or anyone else (including a spouse) other than the timing of an attorney meeting! If you do, there will be no privilege to protect those communications. These discussions MUST only be discussed with counsel in preparation of litigation or defense of a Claim. Otherwise, these discussions are discoverable. b. There is NO “board member privilege.” There is NO “pillow talk” privilege. c. Board members MUST NOT communicate between and amongst one another by e-mail or any other form of electronic communication. This type of board communication should never occur, especially in light of litigation. These are all discoverable, and may constitute an unauthorized board meeting. d. Do not edit or massage the information you provide your attorney or insurer. It will do nothing other than sabotage the claim. The facts are the facts.
V.
The Claim Representative is your friend; your Insurance Professional is your Advocate. a. Claim Reps want to pay your claim! Treat them as a partner. Board members are fiduciaries tasked with protecting the association’s interest. Treating a claim rep as an adversary is not in the association’s interest. Psychologically, people (claims reps included) want to help Insured(s) who are nice and civil. b. Claim Reps are creatures of audit. They must document the claim file to support any payment. Accordingly, make their job easier and provide the documents and information they request. c. Every insurance policy has a “Cooperation Clause.” Failing to cooperate may impact the adjustment of a claim and the rights and coverage in the policy. Joel W. Meskin, Esq., has been intimately involved with the community association industry, and community and property manager industry for many years, insuring community associations, involved in producing insurance policy products and is engaged in risk management.
Community Legal Advisors Inc. COMMUNITY ASSOCIATION ATTORNEYS
Serving Orange County, San Diego County, Inland Empire and Coachella Valley
Toll Free 833.938.1877 AttorneyforHOA.com
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E X P E R I E N C E • I N T E G R I T Y • V I S I O N
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CAI-GRIE HOMEOWNER LEADER EDUCATION BY: CAI-GRIE EDUCATION COMMITTEE
T
he mission of this CAI Chapter is to advance the community association industry through positive image, professionalism, advocacy, education, and networking. Education is one of the cornerstones of our organization, and the goal of the Education Committee is to bring you education that serves to advance not only the community association industry as a whole, but your community and your experience within your community. With the current crisis, we have had to be more creative in the ways we hold our education opportunities for our members so that we can do so in a safe manner,. We know how much our members value their education opportunities, so below is a list of education that we think would be accessible to, and helpful for, a Manager or Homeowner Leader who wants to continue to grow and develop their skills as a leader. If you want more information on ANY of these classes, please check out the “Education & Expos” tab on our new website, cai-grie.org unless otherwise directed. Monday, September 14–Friday September 18, 2020: CAI Legal Forum California O N L I N E CAI’s eight California Chapters have come together to host the first ever statewide virtual event. Anyone who lives in, works for or provides services to a California community association will leave the event more informed, more engaged and better able to contribute to a successful community. Join us on this new and exciting journey. Let’s discover new possibilities together. To register for this event, go to the “Events” tab on cai-grie.org. Thursday, September 24, 2020: Educational EXPO at Big League Dreams, Perris, CA O R I G I N A L L Y AT P E C H A N G A This Educational EXPO will be held in an open-air arena at the Big League Dreams: Perris facility and as always, will begin with the education. We have gathered knowledgeable and amazing speakers come to share tips, tricks and inspiration that can change how you approach your job during the current crisis. Afterward, attendees have a chance to safely visit socially distanced exhibiting business partners during the EXPO portion of the dat to hear more about the latest trends, and then be treated to a delicious lunch! Thursday, October 8, 2020: Educational EXPO at the SilverLakes Sports Complex, Norco, CA This Educational EXPO will be held in an open-air area at the SilverLakes Sports Complex facility in Norco and as always, will begin with the education. We have gathered knowledgeable and amazing speakers come to share tips, tricks and inspiration that can change how you approach your job during the current crisis. Afterward, attendees have a chance to safely visit socially distanced exhibiting business partners during the EXPO portion of the dat to hear more about the latest trends, and then be treated to a delicious lunch! If you have some good ideas about the kind of education that would help Homeowner Leaders, we would be thrilled to have you join us for our monthly Education Committee meetings. Just contact the chapter office at info@cai-grie.org to get more information. ISSUE THREE 2020 • CONNECT MAGAZINE
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5029 La Mart, Suite A Riverside, CA 92507-5978 info@CAI-GRIE.org www.CAI-GRIE.org
