MAGAZINE
Connect
2 0 2 1 I S S U E T H R E E • T H E P U B L I C AT I O N O F C A I - G R E AT E R I N L A N D E M P I R E
MAGAZINE
Connect
T H E P U B L I C AT I O N O F C A I - G R E AT E R I N L A N D E M P I R E
W W W. C A I - G R I E . O R G
TABLE
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of CONTE NTS
Advertiser’s Index
EXECUTIVE COMMITTEE
5 President’s Message
President Mr. Nick Mokhlessin, BrightView Landscape Services, Inc.
President-Elect Ms. Gina Roldan, ProTec Building Services
6 Decluttering as Self-Nurturing
Vice President Mr. Ty Jaglowski, Environmental Concepts Landscape Management, Inc. Secretary Ms. Jessica Sedgwick, CMCA, AMS, Associa-PCM, AAMC Treasurer Ms. Lana Hamadej, PCAM, Avalon Management Group, Inc., AAMC Past-President Ms. Jackie Fromdahl, Painting Unlimited, Inc.
BOARD DIRECTORS Mr. Adam Armit, Andre Landscape Service, Inc. Mr. Patrick Gabriele, Estates at Canyon Crest Riverside, Inc. Ms. Mitzi Jimenez, CMCA, AMS, Associa-PCM, AAMC Mr. Tim Peckham, CMCA, AMS, PCAM, Powerstone Property Management Mr. Robert Riddick, CMCA, Sunnymead Ranch PCA Mr. Robert Serdoz, Elite Pest Management, Inc.
COMMUNICATIONS COMMITTEE
Mr. Nick Mokhlessin
Ms. Kelley Grimes, M.S.W.
8 Editor’s Link
Mr. A.J. Jahanian, Esq.
10 Emerging From The Shadows—Let There Be Solar: Establishing Policies for Solar Energy System Installation Requests
Mr. Jonathan R. Davis, Esq.
13 Director’s Message Mr. A.J. Keefe
15 CAI-CLAC Legislative Update: July 2021 Mr. Louie Brown, Jr.
17 CAI-CLAC Buck-A-Door Update as of June 30 2021 18 Facilities: How Strategic Planning Drives Facility Planning Mr. William P. McMahon, Sr., AIA
20 NATIONAL SPOTLIGHT Peace of the Puzzle: The path to avoiding conflict in your community begins with a proactive and intentional approach. Put the peace together today. Mr. Edward Hoffman Jr., Esq.
23 I NSIDE BACK COVER 2021 CAI-GRIE Events Calendar Update
Committee Co-Chair and Editor in Chief Mr. A.J. Jahanian, Esq., Beaumont Tashjian Committee Co-Chair Ms. Kimberly Lilley, CMCA, CIRMS Berg Insurance Agency 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 © 1998–2021 CAI-Greater Inland Empire Chapter.
CONTACT Advertising, Articles or Correspondence CAI-GRIE Chapter Headquarters 5029 La Mart Dr, Ste A • Riverside, CA 92507-5978 (951) 784-8613 • info@cai-grie.org CAI-GRIE Chapter CAI-GRIE.org
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Volunteer Today!
CAI–GREATER INLAND EMPIRE The CAI–Greater Inland Empire (GRIE) Chapter hosts educational, business and social events that provide the Chapter’s Business Partners various opportunities to promote their companies’ products and services to Community Association owners and managers serving the Community Association Industry. It is expected that all participants in Chapter events – whether they be educational, business or social – will conduct themselves in a professional manner representative of their business or service organization so as not to detract from the experience of others seeking to benefit from their membership in the Chapter. For more information, visit cai-grie.org
Advertisers Listed Alphabetically by Company Company
Page/Location
AMS Paving Inc................................................................................................................................................................................... 4 Berding | Weil ..................................................................................................................................................................................... 5 CAI CLAC .......................................................................................................................................................................................... 17 Delphi Law Group, LLP...................................................................................................................................................................... 16 Elias Bros. Contractors, Inc................................................................................................................................................................ 12 Fiore, Racobs & Powers, A PLC ........................................................................................................................................................... 8 The Naumann Law Firm, PC ................................................................................................................................................................ 3 Weldon L Brown Company, Inc. ......................................................................................................................................................... 16
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PRESIDENT’S MESSAGE MR. NICK MOKHLESSIN
BRIGH TVIE W L ANDSCAPE SERVICES, INC.
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hat a year it is turning out to be. With the committees and chapter staff working harder than ever the last few events have been a resounding success. The chapter is no longer just planning on success, we are seeing it. The membership is participating and engaging in new sponsorships bringing fun, educational and in person events and even recruiting new members. In the next few months we can look forward to meeting more of our chapter goals and seeing each other at some great events. Upcoming CAI-GRIE Events: Aug 13 – Bowling – Pins n’ Pockets – Lake Elsinore Aug 18–21 – CAI National – Caesars - Las Vegas Sep 14 – Education Expo – Pechanga – Temecula Sep 23 – IE Olympics – Dave & Busters – Ontario As always, remember to take a second and look around. We are currently on the Journey to the Top but appreciating your surroundings on your ascent is what makes it all worth it.
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DECLUTTERING AS SELF-NURTURING BY: MS. KELLEY GRIMES, M.S.W. COUNSELOR, AUTHOR & SPEAKER
When home feels out of control, no matter what the reason, unsettledness and anxiety can seep in, and then the chaos becomes internal as well as external. - Myquillyn Smith
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hen we are under stress, clutter can amplify our stress response. When there is disorder and chaos around us our amygdala goes into high gear and we typically feel more anxious. When we are more anxious, we may have difficulty sleeping, become easily over stimulated, and feel more overwhelmed by stress in our lives. This is particularly challenging currently as we have been living through a pandemic and most of us have been in a chronic state of stress. And with stay at home orders, we are spending more time in our homes than ever and thus we can’t escape the clutter.
Often times, our internal state is expressed in our external surroundings. The more stressed we feel, the harder it may be to maintain order in our homes. Unfortunately this is a self-sustaining cycle and the more anxious and chaotic we feel, the more clutter we see in our lives. Research shows that clutter impacts your brain, your body, and your overall health and wellbeing. If you are wondering how clutter affects you, pause for a minute and reflect on how you feel when you walk into a room with a lot of clutter. Tune into how your body feels, what thoughts come to mind, and notice your emotions. There is so much wisdom within us if we only listen.
so they do not clutter the top of the table and it feels much more peaceful now to enter my home.
each other, to rest, and to truly savor life with all our hearts, minds, and spirits.” -Emily Ley
You can then move to the kitchen or bathroom and address a drawer, cabinet, and/ or counter to feel a sense of accomplishment. Again each time you declutter check in with yourself and notice the difference it makes. If you feel more calm and centered with less clutter around you, your motivation will be fed and more decluttering will be possible.
Decluttering our lives can include our homes, our schedules, our email inboxes, our responsibilities, our negative thoughts, the beliefs that no longer serve us or anything that is not supporting us.
What I think is fabulous about decluttering is that you can feel success and competence right away and more order creates more trust and a feeling of safety. In a time when so much is uncertain, cultivating more confidence, trust, and safety is profoundly nurturing. And my experience is that you can feel your anxiety lower as you declutter and experience more clarity as you create calm in your surroundings. You can think of decluttering as a way to highlight what is important to you as you let go of those items that are not being used or as Marie Kondo, the organizing guru says, sparks joy. When you create orderliness and spaciousness, there is more room for calm and joy. “A simplified life means that what has to get done will get done. And when we pare down life to its simplest, most beautifully basic parts, we’re left with room to enjoy
The practice of intentionally letting go of things that are not supporting us is empowering and provides us an opportunity to calm our nervous systems and make space for what we value – all deeply self-nurturing! What will you declutter to bring more peace and calm into your life? Joshua Becker’s wise words encourage me to continue decluttering, “The first step in crafting the life you want is to get rid of everything you don’t.” May you be inspired to declutter your life as an act of self-nurturing as you nurture peace in the world from the inside out! Kelley is a counselor, bestselling author, self-nurturing expert, and founder of Cultivating Peace and Joy. She is passionate about empowering people to live with more peace, joy and meaning through the practice of self-nurturing and is dedicated to cultivating a more peaceful world.
So how can we declutter our lives? In a time when so much feels out of our control, decluttering may be the wisest selfnurturing strategy that the whole family can participate in. There are many organizing experts to inspire us to declutter and one show I have enjoyed watching recently is the Home Edit on Netflix. Most experts remind us to start small and focus on one area at a time. You may begin by decluttering around your door and notice the difference you feel. Creating more ease and order when you come in and out of your home can be liberating and encourage you to do more decluttering. I recently placed a table with two drawers near my door to hold our masks, sunglasses, flashlights, mail, etc ISSUE THREE 2021 • CONNECT MAGAZINE
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EDITOR’S LINK MR. A.J. JAHANIAN, ESQ. BEAUMONT TASH JIAN
O
ur Journey to the Top in 2021 continues with this issue of Connect, as we hope to provide our chapter’s leaders with more tips and tricks for effective community management. Through this issue, you will read from esteemed professionals about everything from effective facility planning and broadscale management, to day-to-day operations, managing conflict and fielding solar energy system installation requests. As always, our volunteer contributors and their unique perspectives, combined with the insights of CAI-GRIE’s community leaders, continue to lead our chapter through the path of sustained success.
The outpouring of volunteerism and participation in our collective push towards normalcy truly demonstrates the resilience of our chapter. It goes without saying that I am honored to continue to serve as your Editor of Connect magazine this year. What is more, I look forward to seeing you all at the upcoming chapter events this August, September and beyond, which you will see described in this issue. A.J. Jahanian, Esq. is an associate attorney with Beaumont Tashjian who devotes his career to serving common interest developments. He can be reached at ajahanian@HOAattorneys.com
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EMERGING FROM THE SHADOWS— LET THERE BE SOLAR ESTABLISHING POLICIES FOR SOLAR ENERGY SYSTEM INSTALLATION REQUESTS BY: MR. JONATHAN R. DAVIS, ESQ., RICHARDSON|OBER|DENICHILO
A
fter many months of shutdowns, stay-at-home orders, and quarantines brought on by the COVID-19 pandemic, Americans have been forced to use their homes increasingly and in different ways. This fueled a boom in home improvement projects, including solar energy installations. In 2020 alone, such installations reached a record high in the United States, growing 43% over the prior year, according to CNBC. That massive growth is projected to accelerate as our society emerges from the pandemic. The expected growth in solar energy installations aligns with falling costs for solar panels, which have dropped 70% since 2014, per U.S. Dept. of Energy statistics. A recent report by the Solar Energy Industries Association and Wood Mackenzie also attributes such expected growth to economic stimulus packages associated with the pandemic, including a recent two-year extension of the investment tax credit (ITC), which was extended in December 2020 as part of the United States’ coronavirus relief and government spending package. Additional government incentives to encourage the use of solar energy systems are expected. California has expressed in Civil Code sections 714 and 714.1 a policy of promoting and encouraging the use of solar energy systems and removing obstacles
to installation, which policy is reflected in the Davis-Stirling Act at Civil Code sections 4700(b) and 4746. Consequently, California associations should expect to see solar installation requests continue to increase, including requests for installation in common areas. As such, association managers and directors must be prepared to navigate such requests in compliance with California law, while also protecting the association’s interests. California bars associations from imposing requirements that effectively prohibit or restrict the installation or use of solar energy systems; associations cannot cause a reduction in their efficiency by more than 10% or increase their costs by more than $1,000. (Civil Code §714.). Nonetheless, associations may still impose reasonable restrictions on solar energy systems, such as rules requiring the systems to meet applicable health and safety standards and state and local permit requirements. Associations violating these laws may be held liable to the applicant for damages and, where the violations have been deemed willful, required to pay a civil penalty up to $1,000. (Civil Code §714(f).) The prevailing party in any action to enforce compliance with these statutes is also able
to recover reasonable attorney fees. (Civil Code §714(g).) As such, it is extremely important that associations have policies in place to respond to member requests to install solar energy systems, with particular emphasis on requests for installation in common area. As a starting point, an association’s policies should address the Civil Code section 4746 language pertaining to installation of solar energy systems in common area - typically roofs, garages, and carports. The policy should include a requirement that applicants notify each owner of a unit in the building on which the solar energy system will be located and that the applicant and each successive owner maintain liability insurance coverage at all times. (Civil Code §4746(a).) Similarly, an association’s policies for rooftop solar installations should consider reasonable provisions that (1) require the applicant to submit a solar site survey showing the placement of the solar energy system prepared by a licensed contractor or registered salespersons [this survey cost is not deemed part of the “cost” of the system for the purposes of determining if the requirements increase the cost by CONTINUED ON PAGE 12
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more than $1,000]; and (2); the solar site survey include a determination of an equitable allocation of the usable solar roof area of all owners sharing the same roof, garage, or carport. (Civil Code §4746(b).) Moreover, an association’s solar energy system policies should address the owner’s installation responsibilities. This might include a maintenance and indemnity agreement requiring the owner and successive owners to be responsible for (1) costs for damage to the common area and/or separate interests resulting from the installation, maintenance, repair, removal and replacement of the system; (2) costs for ongoing maintenance, repair, and replacement of the system until such time as it has been removed and the common area and/or separate interests are restored; and (3) disclosure to subsequent owners of such obligations. Establishing these policies early should help smooth the process as associations deal with inevitable inquiries about solar energy system installation. If the pandemic has taught us anything, it is that we can never be too prepared. Jonathan R. Davis Esq. is a Senior Associate attorney with Richardson|Ober|DeNichilo, serving common interest developments throughout California.
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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 P TER
I
n wake of surfside tragedy I wanted to share what our national office has made available as a resource for our members. We here at CAI-GRIE send our heartfelt condolences to the families that suffered any loss throughout that tragedy. Guidance includes questions condo unit owners should ask about structural integrity, maintenance, and reserves. June 30, 2021 – Falls Church, VA – Condominium association residents and volunteer board members around the world understandably have questions about the safety of their own communities and are wondering how to protect their buildings after the tragic collapse of Champlain Tower South in Surfside, FL. Community Associations Institute (CAI), the leading international authority in community association education, governance, and management, is providing information and resources to help concerned residents and board members understand structural integrity, maintenance, and reserves. Condominium residents should ask the community’s board members and community association manager the following questions: • Is our building safe? • What is being done to protect our health, safety, and investment? • Does our community have a reserve study to plan for the repair and replacement of major components owned by the community? When was this reserve study last updated? • Does our community have a plan to fund the repair and replacement of major components owned by the community? • Does our building need an inspection by a professional engineer to evaluate the structural integrity of the building? • Are critical components in the building such as structure, balconies, stairwells, etc., included in the reserve study? • Will a special assessment be required to fund the repair and replacement of any components that are not included in the reserve study?
Condominium owners also can take several steps to protect themselves and their investment: • Know your rights and responsibilities as a homeowner. • Attend board meetings. • Read communication from your community. • Ask questions and participate in your community meetings and events. • Regularly pay community association assessments. • Agree to fund reserves for repair and replacement of major components. Condominium association board members have a fiduciary duty to protect their community. There are several steps board members can take to ensure the community is safe: • Determine if an inspection is needed. • Determine if there are any signs of structural concerns that need to be addressed. • Determine whether your building is safe. • Conduct or review your reserve plan using best practices. • Review your reserve funding plan and fund accordingly. • Have a conversation with your community homeowners about reserve study/plan/schedule and funding. • Take actions required in the reserve plan. • Maintain frequent communication with residents/homeowners about these important issues. • Be transparent with homeowners about how much repairs might cost and whether a special assessment may be necessary.
More than 73 million Americans live in community associations, also known as condominiums, housing cooperatives, and homeowners associations. Reserve study laws for condominiums vary by state. Reserve studies or reserve schedules are required in California, Colorado, Delaware, Florida, Hawaii, Nevada, Oregon, Utah, Virginia, and Wisconsin. Washington state statutorily encourages associations to have a reserve study performed every three years unless doing so would impose an unreasonable hardship. In most states, there are several points at which homeowners are made aware of reserves, including: • Initial point of sale/public offering statement where many states have laws requiring the declarant to provide the buyer with information about whether there is funding (reserves) for future repair and replacement of major components. • Disclosure of funds budgeted for future repair and replacement of major components during resale of a unit to a new owner. • Annual budget adoption. For additional resources on this topic, visit CAIOnline.org/CondoSafety. CAI subject matter experts are available for interviews. Interested media should contact Amy Repke at arepke@caionline.org and (703) 624-2179.
“CAI is devastated by the tragedy in Surfside, FL. Members of CAI lived in and worked at Champlain Tower South, and our entire membership is reeling,” says Thomas M. Skiba, CAE, CAI’s chief executive officer. “We have been closely following the news coming out of Surfside, and we continue to have hope in the rescue efforts. The resources and information we share today can help communities take steps to prevent this type of disaster from ever occurring again. ISSUE THREE 2021 • CONNECT MAGAZINE
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CAI-CLAC
LEGISLATIVE Update JULY 2021 BY: MR. LOUIE BROWN, JR. CAI-CLAC’S LEGISLATIVE ADVOCATE
Visit CAI-GRIE.org/Legislative to download a copy of this Legislative update and more!
H
appy New Fiscal Year! July 1 is the start of the State’s fiscal year and the Governor has signed the largest State budget in history. The Legislature is working to wrap up policy committees before leaving on Summer Recess which begins July 16.
move election by acclamation have always stalled in this committee, so these negotiations are critical. Keep your fingers crossed! AB 1101 (Irwin) is our CAI-CLAC sponsored bill to provide greater clarity to the financial protections placed in law three years ago. It has passed the Senate Housing and Judiciary Committee on unanimous votes and will be headed to the Senate Floor for a vote very soon.
Our CAI-CLAC legislative priorities continue to move. Here’s an update on where we stand:
AB 1584 (Housing Committee) is the omnibus housing bill which includes language drafted by CAI-CLAC to allow associations to amend their documents without a membership vote in order to comply with the rental provisions in AB 3182 from last year. This bill also extends the time to make those changes to July 1, 2022. The bill is scheduled to be heard in the Senate Housing Committee this month.
AB 502 (Davies) would provide for election by acclamation for all associations. The bill passed the Senate Housing Committee on a 7-1 vote. It will be heard in early July in the Senate Judiciary Committee. Negotiations with committee staff continue in earnest to find a pathway for this bill to continue to move. Our past efforts to
SB 9 (Atkins) is the lot splitting bill. We continue to work with a coalition in an effort to get a statement in writing from the author making it clear her intent is not to impact Common Interest Developments (CIDs). She CONTINUED ON PAGE 16 has made this statement multiple ISSUE THREE 2021 • CONNECT MAGAZINE
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times when presenting the bill. The bill has received bipartisan support and has passed the Assembly Housing and Local Government Committees. SB 10 (Wiener) is the bill that would allow lots to be rezoned for multifamily buildings of 4 – 10 units. The bill included language prohibiting governing documents from restricting the building provided for in the bill, but that language was deleted in the Assembly. This is HUGE victory for our communities. SB 391 (Min) is the bill to provide for videoconferencing of Association meetings. CAI-CLAC has been principally involved with this bill since introduction and it has moved through the policy committees with little issue. Unfortunately, the Governor’s office has expressed concern about the breadth of the bill and it will now be amended to limit its application to only those emergencies that make meeting in person impossible. The bill will create the proverbial ‘foot in the door’ and provide us the opportunity to expand on it in future legislative sessions.
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SB 432 (Wieckowski) has been amended to address a number of the vagaries in the election bill from a couple years ago, including how a recall election can proceed under the timelines set forth in SB 323. The bill has passed the Assembly Housing and Judiciary Committees and is now on the Assembly Floor. Thank you to everyone who has engaged on our priority issues this year. Without your support and engagement, we would not have achieved the success we have seen so far. Louie A. Brown, Jr. is CAICLAC’s legislative advocate in Sacramento and specializes in maneuvering through California’s complex legislative and administrative process. Louie’s expertise is a true asset to CAI-CLAC, which resulted in several 2018 Legislative Accomplishments and continues to inform our legislative priorities.
SUPPORT CLAC WITH THE BUCK-A-DOOR CAMPAIGN The California Legislative Action Committee (CLAC) is a volunteer committee of the Community Associations Institute (CAI), consisting of homeowners and professionals serving homeowner associations (HOAs). We safeguard and improve the community association lifestyle and your property values. The legislation we monitor, support, or oppose has a direct impact on the communities you live in, work with or manage. The Buck-ADoor campaign allows community association residents to have a voice at the State Capitol.
WHY WE NEED YOUR HELP. In any given year, there are several pieces of legislation introduced that impact California community associations. This year, there are many poorly written bills being considered by legislators that will worsen the statewide housing affordability crisis by: • Making elections more expensive • Increasing the likelihood of lawsuits • Prohibiting local control We need your help now to continue to educate legislators and build positive relationships on your behalf. Last year we were successful in defeating S.B. 1265 (Wieckowski), and we must do the same for S.B. 323. In order to maintain our success, we rely on your support. Your donation makes our legislative advocacy and outreach efforts possible. Please consider donating a $1 per door (or more) so we can represent your community voice at the Capitol.
Thank You TO THE GENEROUS
CAI-GRIE DONORS LIST AS 6/30/2021
Morgan Hill HOA — Wolf Creek Maintenance Corp
CAI–GRIE CHAPTER HEADQUARTERS 5029 LA MART DRIVE, SUITE A, RIVERSIDE, CA 92507 951.784.8613 | CAI-GRIE.ORG ISSUE THREE 2021 • CONNECT MAGAZINE
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HOW STRATEGIC PLANNING DRIVES FACILITY PLANNING BY: MR. WILLIAM P. MCMAHON, SR., AIA, MCMAHON GROUP, INC.
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ith community facilities, inclusive of amenities, being amongst every community’s most expensive contributors to operating costs, it only makes sense to build and operate only what a community needs. Blindly building facilities without a strategic reason to have them is a waste of valuable resources and lost opportunity to achieve far greater community success. STRATEGIC PLAN FIRST – THE ONE-DAY EXERCISE FOR STARTING FACILITY PLANNING. So when a community is at a point where it needs to make facility upgrades or additions, start by doing a little strategic planning on what the community’s mission (purpose) is. • • • •
Who does it serve (young, old, families, etc.)? What services and amenities should the community provide? What quality level should be attained? What would make the community unique and of great value to its residents?
Once these strategic questions are answered by the association and its board of directors, they provide an understanding of what is truly needed for facility and amenity upgrades. SURVEY THE RESIDENTS Now it is time to survey the residents by testing the strategic issues and learning what the entire community wants in facility and operating improvements. This important step in communications involves all residents and builds consensus on what to do, how to do it and how to pay for it. This is called “making the plan the residents’ plan,” and it is very important. PLAN THE FACILITIES WITH ALL THE FACTS Then with the strategic plan and residents’ survey clearly pointing the way for future facility needs, the community is ready to proceed with planning improvements that are supported by the association board and the great majority of residents. It takes a little longer to do facility planning this way, but it pays off in big ways of project success and community harmony.
Blindly building facilities without a strategic reason to have them is a waste of valuable resources and lost opportunity to achieve far greater community success. Mr. McMahon is an operational, financial and architectural planning consultant to clubs throughout North America and the world. He established McMahon Club Planners in 1983 as an affiliate of the architectural firm his family has operated since 1906. Mr. McMahon is unique among club consultants in providing an integrated strategic planning approach to solving club problems.
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NATIONAL SPOTLIGHT
Peace
OF THE PUZZLE
THE PATH TO AVOIDING CONFLICT IN YOUR COMMUNITY BEGINS WITH A PROACTIVE AND INTENTIONAL APPROACH. PUT THE PEACE TOGETHER TODAY. BY: MR. EDWARD HOFFMAN JR., ESQ., HOFFMAN LAW, LLC AND CAI KEYSTONE CHAPTER
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D
ave Mason’s 1977 soft rock hit “We Just Disagree” has a message that should resonate for community association board members and managers. You might laugh, cringe, have no idea what I’m talking about, or get the song stuck in your head, but the chorus goes: “So let’s leave it alone ‘cause we can’t see eye to eye. There ain’t no good guy, there ain’t no bad guy, There’s only you and me and we just disagree.” It’s true. Residents in community associations won’t always see eye to eye on every issue, and that’s OK. We simply aren’t wired to agree on everything. However, sometimes, a simple disagreement rises to the level of conflict, which can impact the entire community. As a community association attorney and litigator, I believe the path to reducing conflict in associations begins with proactively and intentionally acting to avoid the disagreements, issues, and other frustrations that ultimately lead to conflict. These best practices should help. CONSISTENTLY AND UNIFORMLY ENFORCE In every community association, the board has a fiduciary duty to enforce the rules and regulations for the benefit of every member. This responsibility is not voluntary. Frequently encountered enforcement issues include pools, trash, outdoor elements (architectural control), parking, pets/animals, curtains, outdoor storage, maintenance, and playgrounds. Enforcing the governing documents with consistency and uniformity— regardless of the owner who is the subject of the enforcement— will greatly reduce the possibility of conflict in the community as well as potential liability for the association. How does an association do this?
Actually enforce the rules and regulations. It seems too obvious, but several communities ignore their documents and enforcement actions. Don’t play favorites. A board must enforce its rules and regulations equally against every owner. It doesn’t matter whether the owner in violation is the nicest person in the community or a bully. Picking and choosing some, but not
all, owners as it relates to enforcement will certainly lead to conflict.
and the tree didn’t have to come down, conflict would likely follow.
Avoid bad decisions. Let’s not sugarcoat it. Some community leaders make bad decisions that lead to inconsistent enforcement. If a bad decision has already been made, a board should recognize it and reverse course. Boards should adopt and implement an enforcement policy and stick to it.
Boards must be cognizant of the propensity for this type of activity and must properly educate and train all community leaders and volunteers to stop unofficial enforcement.
Ensure due process is provided. In Pennsylvania and many other jurisdictions, the statutes provide an association with the power to levy reasonable fines for violations of the declaration, bylaws, rules, and regulations after notice and an opportunity to be heard are provided. Fining an owner or engaging in a related enforcement action prior to providing him or her with notice and an opportunity to be heard may lead to a successful lack of due process. Stop unofficial enforcement. A board member, committee member, or some other person with actual or apparent authority to act on behalf of the association should not tell an owner to do something as it relates to the rules and regulations without the consent (vote) of the entire board of directors. For example, a landscaping committee member cannot unilaterally advise an owner to remove a tree because the committee member believes the tree is in violation of the covenants. The owner might perceive that the committee member has the proper authority. If the owner actually removed the tree as a result of the committee member’s directive,
PRACTICE GOOD GOVERNANCE Good governance means that the board makes good decisions for the benefit of the community and that it undertakes this process correctly. To clarify a bit, in Pennsylvania and many other jurisdictions, the business judgment rule provides that board members must make decisions within the scope of their given authority, in good faith, using ordinary care, and in the best interest of the association (i.e., not in their own best interests). The simple process of making decisions correctly will likely serve to reduce conflict. Owners will be less apt to contest board actions and initiate litigation. COMMUNICATE WITH RESIDENTS An issue that has always caused strife and conflict involves owners feeling that the board doesn’t listen to them on issues big or small. Boards should make considerable effort to listen to owners. Sometimes, they just want to be heard, and sometimes, they bring great perspective that boards need to consider. CONTINUED ON PAGE 22
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In jurisdictions that don’t require open board meetings, such as Pennsylvania (absent requirements in the governing documents, of course), my recommendation would be to make some of the board meetings open to owners. For example, if there is a board meeting every month, the board could offer to make 25% of the meetings (three per year) open (even if they are virtual). This step goes a long way toward the board and owners actually getting to know one another, which will likely lead to reduced conflict. TAKE NEIGHBOR DISPUTES SERIOUSLY We’ve discussed conflict between the association and owners. What about conflict between owners? Neighbor against neighbor disputes have been around since people have actually lived next to one another. An association may choose to act as an intermediary between owners to facilitate harmony, avoid conflict, and perhaps reach a potential resolution. In fact, these steps may be necessary under the Department of Housing and Urban Development’s 2016 rule entitled, “Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing Act.” The rule explains that “(w)hether unwelcome conduct is sufficiently severe or pervasive as to create a hostile environment is evaluated from the perspective of a reasonable person in the aggrieved person’s position.” In the association world, this means that a run-ofthe-mill neighbor against neighbor dispute also may trigger alleged violations of the Fair Housing Act so long as a member of a protected class (i.e., race, color, national origin, religion, sex, gender, familial status, or individuals with disabilities) is making the claims against his or her neighbor. An association’s Achilles heel as it relates to this issue is the fact that the rule was revised to clarify that a housing provider (including a community association) is liable under the Fair Housing Act for third-party conduct (including the conduct of a unit owner) if the housing provider knew or should have known of the discriminatory conduct, has the power to correct it, and failed to do so. The rule provides that a community association would be liable for negligence for failing to take prompt action to correct and end a discriminatory housing practice by a 22 |
third-party of which it knows or should have known was occurring. HUD explains that a community association generally has the power to respond to thirdparty harassment by imposing conditions authorized by the association’s documents or by other legal authority. HUD further explains that community associations regularly require residents to comply with bylaws and rules through notices of violations, threats of fines, and fines. HUD submits that it “understands” that community associations may not always have the ability to deny an owner access to his or her dwelling and that the rule “merely requires the community association to take whatever actions it legally can take to end the harassing conduct.” Thus, if an owner allegedly harasses another who is a member of a protected class under the Fair Housing Act, and the owner who is the subject of the alleged harassment advises the association, the community appears to have a duty to investigate the issue and affirmatively get involved in some manner to try and stop the harassing conduct. If the association fails to do so, it may face liability for violating the Fair Housing Act.
In every community association, the board has a fiduciary duty to enforce the rules and regulations for the benefit of every member. This responsibility is not voluntary. GOVERN WITH EMPATHY One thing we’ve learned about the COVID-19 pandemic is that real people face real struggles in life. People were, and still are, on edge. In an association, the pandemic impacted owners’ jobs, which impacted their ability to pay assessments. Other examples of COVID-19-related impacts include owners’ delay or inability to maintain their properties due to financial issues, and seemingly every association’s tough decisions related to running, operating, and opening amenities such as pools, gyms, tennis courts, lakes, and clubhouses.
CONNECT MAGAZINE • ISSUE THREE 2021
When speaking to my clients about these issues, I advise that they should govern with empathy and utilize emotional intelligence, in addition to good faith and due diligence. I often repeat the mantra, “Don’t leave empathy at the door when making important decisions.” Many associations take that advice to heart. I believe that COVID-19 and all of the challenging events of 2020 changed our outlook on the concept of community.” I also believe that we took “community” for granted. I know I see it, and I believe that you do as well. Community begins at home, and we had a year at home to closely examine this concept in our own lives. We are all in this together. We must realize that we don’t live on an island by ourselves, and, in 2021, we should prioritize creating a safe and peaceful “community” where we treat others as we want to be treated and where we love our neighbors as we love ourselves. Finally, if boards govern with some level of empathy during this time period, it will serve to avoid conflict now and set the tone for when we get through this difficult time. I believe we’ll see a renewed concept of “community” in our associations. Edward Hoffman Jr. is the founder of Hoffman Law LLC, a community association law firm with offices in Pennsylvania. He is a fellow in CAI’s College of Community Association Lawyers, the current chair of the CAI Keystone Chapter’s Legislative Action Committee, and is a member of the Chapter’s Poconos Regional Council. He is licensed to practice law in Pennsylvania and New Jersey. ed@hoffmanhoalaw.com
2021 CAI-GRIE EVENTS CALENDAR JUNE
AUGUST
8
| COMMUNICATIONS COMMITTEE MEETING
AUG
15
| SPECIAL EVENTS COMMITTEE MEETING
AUG
16
| AMBASSADOR/MEMBERSHIP COMMITTEE MEETING
AUG
17
| LEGISLATIVE SUPPORT COMMITTEE MEETING
22
|
JUN
JUN
JUN
JUN
JUN
23
JUN
24
JUN
25
JUN
HELD VIRTUALLY ON ZOOM
CAI-GRIE CHAPTER OFFICE AND ZOOM
HELD VIRTUALLY ON ZOOM
HELD VIRTUALLY ON ZOOM
EDUCATION COMMITTEE MEETING HELD VIRTUALLY ON ZOOM
| MONTE CARLO COMMITTEE MEETING CAI-GRIE CHAPTER OFFICE AND ZOOM
| LONGSHADOW RANCH WINERY COUNTRY FAIRE TEMECULA, CA
|
CONNECT MAGAZINE: Q3 AD/EDITORIAL DEADLINE
JULY
| EDUCATION COMMITTEE MEETING
NOV
| MONTE CARLO COMMITTEE MEETING
NOV
25
SEP
14
| COMMUNICATIONS COMMITTEE MEETING
16
| LEGISLATIVE SUPPORT COMMITTEE MEETING
NOV
21
|
21
| AMBASSADOR/MEMBERSHIP COMMITTEE MEETING
22
| MONTE CARLO COMMITTEE MEETING
DEC
23
|
DEC
SEP
SEP
ONLINE EDUCATION COURSE HELD VIRTUALLY ON ZOOM
24
| EDUCATION COMMITTEE MEETING
27
JUL
HELD VIRTUALLY ON ZOOM
SEP
SEP
|
|
ONLINE EDUCATION COURSE BASIC ESSENTIALS : FINANCIALS
- COLUMBUS DAY | HOLIDAY CHAPTER OFFICE CLOSED
12
|
19
| SPECIAL EVENTS COMMITTEE MEETING
OCT
OCT
MAGAZINE: Q3 | CONNECT SHIP DATE
OCT
10
| COMMUNICATIONS COMMITTEE MEETING
OCT
13
| PINS N POCKETS
OCT
17
| SPECIAL EVENTS COMMITTEE MEETING
OCT
17
| AMBASSADOR/MEMBERSHIP COMMITTEE MEETING
OCT
| CAESARS PALACE
OCT
AUG
AUG
AUG
AUG
18-21 AUG
HELD VIRTUALLY ON ZOOM
BOWLING TOURNAMENT LAKE ELSINORE, CA
CAI-GRIE CHAPTER OFFICE AND ZOOM
HELD VIRTUALLY ON ZOOM
CAI-NATIONAL CONFERENCE LAS VEGAS, NV
HELD VIRTUALLY ON ZOOM
HELD VIRTUALLY ON ZOOM
- THANKSGIVING | HOLIDAY CHAPTER OFFICE CLOSED 2021 TOPS NOMINATIONS | CAI-GRIE NOMINATIONS CLOSE
14
| COMMUNICATIONS COMMITTEE MEETING
16
| LEGISLATIVE SUPPORT COMMITTEE MEETING
21
| SPECIAL EVENTS COMMITTEE MEETING
16
| AMBASSADOR/MEMBERSHIP COMMITTEE MEETING
23
| EDUCATION COMMITTEE MEETING
25-31 DEC
TBD
TEMECULA, CA
CLAREMONT, CA
DECEMBER
DEC
MONTE CARLO PECHANGA RESORT CASINO
11
OCT
2
AUG
HELD VIRTUALLY ON ZOOM
2
|
HELD VIRTUALLY ON ZOOM
ONTARIO, CA
2021 TOPS NOMINATIONS | CAI-GRIE NOMINATIONS OPEN
28
AUGUST
IE OLYMPICS DAVE AND BUSTERS
1
ONLINE EDUCATION COURSE BASIC ESSENTIALS : INSURANCE
29
CAI-GRIE CHAPTER OFFICE AND ZOOM
OCTOBER
|
JUL
HELD VIRTUALLY ON ZOOM
30
SEP
DEC
OCT
HELD VIRTUALLY ON ZOOM
NOV
CAI-GRIE CHAPTER OFFICE AND ZOOM
THANKSGIVING COOKING CLASS: 2
| EDUCATION COMMITTEE MEETING
25-26
SPECIAL EVENTS COMMITTEE MEETING
HELD VIRTUALLY ON ZOOM
23
| EDUCATION COMMITTEE MEETING
MONTE CARLO COMMITTEE MEETING
JUL
HELD VIRTUALLY ON ZOOM
CAI-GRIE CHAPTER OFFICE AND ZOOM
| LEGISLATIVE SUPPORT COMMITTEE MEETING
28
28
JUL
HELD VIRTUALLY ON ZOOM
HELD VIRTUALLY ON ZOOM
18
DEC
|
CAI-GRIE CHAPTER OFFICE AND ZOOM
TEMECULA, CA
MAGAZINE: Q4 | CONNECT AD/EDITORIAL DEADLINE
OCT
TEMECULA, CA
EDUCATION EXPO
24
EDUCATION EXPO PECHANGA RESORT CASINO
JUL
| CLAREMONT CHEFS ACADEMY
NOV
| BASIC ESSENTIALS : MANAGER
21
16
| PECHANGA RESORT CASINO
14
SEP
SEP
JUL
HELD VIRTUALLY ON ZOOM
NOV
| BASIC ESSENTIALS : LEGAL HELD VIRTUALLY ON ZOOM
| AMBASSADOR/MEMBERSHIP COMMITTEE MEETING
|
8
SEP
ONLINE EDUCATION COURSE
16
NOV
| AMBASSADOR/MEMBERSHIP COMMITTEE MEETING
20
| SPECIAL EVENTS COMMITTEE MEETING
ONLINE EDUCATION COURSE ADVANCED ESSENTIALS : PART 2
20
JUL
16
|
SEP
HELD VIRTUALLY ON ZOOM
- VETERANS DAY | HOLIDAY CHAPTER OFFICE CLOSED
7
| SPECIAL EVENTS COMMITTEE MEETING
JUL
11
NOV
HELD VIRTUALLY ON ZOOM
CLAREMONT, CA
| COMMUNICATIONS COMMITTEE MEETING
ONLINE EDUCATION COURSE ADVANCED ESSENTIALS : PART 1
SEP
THANKSGIVING COOKING CLASS: 1
9
- LABOR DAY | HOLIDAY CHAPTER OFFICE CLOSED
20
CAI-GRIE CHAPTER OFFICE AND ZOOM
CAI-GRIE CHAPTER OFFICE AND ZOOM
6
SEP
SEP
JUL
HELD VIRTUALLY ON ZOOM
NOV
| LEGISLATIVE SUPPORT COMMITTEE MEETING HELD VIRTUALLY ON ZOOM
HELD VIRTUALLY ON ZOOM
SEPTEMBER
15
JUL
| CLAREMONT CHEFS ACADEMY
24
|
HELD VIRTUALLY ON ZOOM
2
NOV
13
JUL
MAGAZINE: Q4 | CONNECT SHIP DATE
| LEGISLATIVE SUPPORT COMMITTEE MEETING
- 4TH OF JULY OBSERVED | HOLIDAY CHAPTER OFFICE CLOSED COMMUNICATIONS COMMITTEE MEETING
1
19
5
JUL
NOVEMBER
CONTINUED
DEC
HELD VIRTUALLY ON ZOOM
HELD VIRTUALLY ON ZOOM
CAI-GRIE CHAPTER OFFICE AND ZOOM
HELD VIRTUALLY ON ZOOM
HELD VIRTUALLY ON ZOOM
OBSERVED | HOLIDAYS CHAPTER OFFICE CLOSED
| VICTORIA GARDENS CULTURAL EVENTS CENTER EDUCATION EXPO
RANCHO CUCAMONGA, CA
JANUARY 2022
COMMUNICATIONS COMMITTEE MEETING HELD VIRTUALLY ON ZOOM
1-3
OBSERVED | HOLIDAYS CHAPTER OFFICE CLOSED
TBD
| PECHANGA RESORT CASINO
JAN
CAI-GRIE CHAPTER OFFICE AND ZOOM
JAN
2021 TOPS EVENING GALA TEMECULA, CA
19
| AMBASSADOR/MEMBERSHIP COMMITTEE MEETING
21
| LEGISLATIVE SUPPORT COMMITTEE MEETING
IN-PERSON EVENTS
22
| SOLARIS BEER & BLENDING
VIRTUALLY EDUCATION
26
| EDUCATION COMMITTEE MEETING
OTHER ITEMS
27
| MONTE CARLO COMMITTEE MEETING
28
| RIVERSIDE CONVENTION CENTER
HELD VIRTUALLY ON ZOOM
HELD VIRTUALLY ON ZOOM
OCTOBERFEST MURRIETA, CA
HELD VIRTUALLY ON ZOOM
CAI-GRIE CHAPTER OFFICE AND ZOOM
EDUCATION EXPO & GEN. MEMBERSHIP MEETING
Dates and locations are subject to c h a n g e. Fo r a c u r re n t c a l e n d a r, visit CAI-GRIE.org/Calendar
RIVERSIDE, CA
ISSUE THREE 2021 • CONNECT MAGAZINE
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