The Law Journal, Fall 2017

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IN THIS ISSUE AFTER THE DROUGHT: Governor Brown has rescinded the state’s drought emergency in all but a few counties. Can we now go back to enforcing landscaping rules exactly as we did before? Not completely. See page 1. WHAT ARE THEY SMOKING? Smoking is an evolving issue in California. Housing is becoming increasingly smoke-free, and the courts indicate it is an issue that associations should consider. Local laws can be used as a model, and legal counsel can assist associations regarding the right mechanism and language for enacting those restrictions. See page 5.

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Enforcing Landscaping Rules After a Drought Emergency BY NANCY MICHAEL, ESQ. & ANNE RAWLINSON, ESQ. - NEULAND, WHITNEY & MICHAEL APC

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hen Governor Brown declared a statewide drought emergency in January 2014, CIDs had to figure out how this affected their power to require owners to water landscaping. The state legislature then approved amendments to Civil Code 4735 making it clear that CIDs could do very little. Just when we

were beginning to get used to this situation, California had its wettest year in more than a century. On April 7, 2017, Governor Brown rescinded the state’s drought emergency in all but a few counties. Can we now go back to enforcing landscaping rules exactly as we did before? Not completely. CIDs again

may penalize owners who fail to water landscaping, but other laws encouraging waterefficient landscaping remain in place. Before we explain, however, you should first see if your local water agency is still under a drought emergency. Under Civil Code 4735(c), CIDs may not penalize owners who fail to water landscaping as long

as either the state or the relevant local agency has a drought emergency declaration in effect. As long as there is no drought emergency in effect on either the state or local level, a CID may impose fines and other penalties for landscaping violations caused by an owner’s failure to water. To ensure Continued on page 2


THE

Law Journal

A Practical Review of Community Management Law Published by

SM

California Association of Community Managers, Inc. 23461 South Pointe Dr., Ste. 200 • Laguna Hills, CA 92653 949.916.2226 • 800.363.9771 Fax: 949.916.5557 • www.cacm.org

2017-2018 CACM LEGAL ADVISORY STEERING COMMITTEE CHAIR Susan Janowicz, CAMEx, CCAM-LS East Lake Village Community Assn.

TAKE-AWAYS Check to see if your local water board is still under a drought emergency before resuming enforcement of landscaping violations caused by a failure to water. Don’t use a heavy hand when resuming enforcement of landscaping rules that require watering. Consider first conducting an education campaign to inform owners that the recent drought emergency has ended, and that they must now bring unmaintained landscaping into compliance. Monitor both California’s state drought website (www.drought.ca.gov) and the local water agency for future drought emergency declarations.

EDITORS David Zepponi President & CEO, CACM Frederick T. Whitney, Esq. Neuland, Whitney & Michael, APC

GUEST EDITORS Roger Grant, Esq. Fenton Grant Mayfield Kaneda & Litt, LLP Karen Martinez, CAMEx, CCAM ASPM-San Diego

COMMITTEE MEMBERS Frank Alioto III, CCAM Community Management Services, Inc. Jeffrey Beaumont, Esq. Beaumont Gitlin Tashjian Gene Bicksler, CCAM Bicksler & Associates Chris Bonkowski. Iger Wankel & Bonkowski, LLP Cecilia Brennan, Esq. The Perry Law Firm Corinne Crawford, CAMEx, CCAM-ND The Management Trust - Southern California, ACMB Zer Iyer, Esq. Angius & Terry LLP Jennifer Jacobsen, Esq. Baydaline & Jacobsen LLP Tina Jackson-Walda, CCAM Alliance HOA Management, LLC Brian Moreno, Esq. SwedelsonGottlieb Kelly Moss, CCAM-PM Eugene Burger Management Corporation W. Alexander Noland, Esq. Noland Law PC Andrea O'Toole, Esq. Berding | Weil LLP Joseph Price, CAMEx, CCAM RealManage Darren Shaw, CAMEx, MCAM-LS.AA DC Ranch Association Margaret Wangler, Esq. Fiore Racobs & Powers, A PLC Melissa Ward, Esq. Hughes Gill Cochrane, PC The CACM Law Journal is distributed four times annually to members, affiliates and supporters of the California Association of Community Managers. DISCLAIMER: CACM does not assume responsibility for the accuracy of articles, events or announcements listed. Please be advised that the opinions of the authors who contribute to the Law Journal are those of the author only, and do not necessarily reflect the opinions of CACM and other industry attorneys. Please note that in a constantly evolving industry there are frequently multiple interpretations of the controlling statutes and case law. If you have any questions, please discuss them with your association’s legal counsel.

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Enforcing Landscaping Rules after a Drought Emergency Continued from page 1

compliance with Civil Code § 4735(c), make sure that violations are based only on documentation showing that the landscaping violation existed after all drought emergencies were lifted. In addition, under Civil Code § 4736, CIDs and owners may again pressure-wash if this is permitted in the governing documents. However, some laws have changed permanently. Even when there is no drought emergency in effect, CIDs may not: • Penalize owners retroactively for past landscaping violations caused by a failure to water when either a state or local drought emergency was in effect (Civil Code § 4735[c]); • Require owners to undo water-efficient landscaping installed during the drought emergency (Civil Code § 4735[e]); • Prohibit the use of artificial turf or drought-tolerant plants (Civil Code § 4735[a]); or • Enforce landscaping rules that conflict with water restriction regulations or drought-tolerant landscaping ordinances (Civil Code § 4735[a]). CIDs that violate these laws risk penalties of up to $500 per day under State Water Board regulations. (Water Code § 1058.5[d]) Given the state’s focus on permanent water conservation measures and the likelihood that water districts will continue to penalize excessive water use, CIDs should make long-term plans that anticipate future droughts. As stated in the Governor’s April 2017 proclamation, “…our changing climate requires California to continue to adopt and adhere to permanent changes to use water more wisely and to prepare for more frequent and persistent periods of limited water supply.” Rules and practices should anticipate “more frequent and persistent periods of limited water supply” (to quote the April 2017 proclamation again). ABOUT THE AUTHORS Nancy Michael is a shareholder in the law firm Neuland, Whitney & Michael, APC located in Rancho Santa Margarita. She has focused her practice for the past 13 years in homeowner s association matters and business and civil litigation. Anne Rawlinson is an associate in the law firm Neuland, Whitney & Michael, APC located in Rancho Santa Margarita. Her practice focuses on providing general counsel services to homeowner associations.


Discriminatory Leasing Practices in Community Associations BY SANDRA L. GOTTLIEB, ESQ. AND NICHOLAS MARFORI, ESQ. - SWEDELSONGOTTLIEB

I

n February 2017, a young woman was driving through a snowstorm to her Airbnb rental near Big Bear, California, when she received the following text message from her Airbnb host: “I wouldn’t rent to u if u were the last person on earth. One word says it all. Asian.” Fast forward five months: the California Department of Fair Employment and Housing (DFEH) announced a settlement agreement with the Airbnb host requiring, among other things, the host to pay monetary damages to the complainant in the amount of $5,000. You might be asking why or how this relates to or affects community associations and community management. After all, associations themselves are not Airbnb hosts and responding to reservation

questions would not normally be part of your management contract or employee duties. Here’s why. In October 2016, the U.S. Department of Housing and Urban Development (HUD) amended its federal housing regulations to formalize standards for a housing provider’s (e.g., a community association) liability for housing discrimination based on race, color, religion, national origin, sex, familial status and disability. Less than one month later, the DFEH announced that it would follow suit by adopting similar regulations for the state. One of those new regulations solidifies an association’s liability for the discriminatory housing practices by a third party – for instance, an owner. Title VIII of the Civil Rights Act of 1968, also known as the Fair Housing Act (“FHA”), is a

federal law that prohibits housing discrimination based on seven protected classifications: race, color, religion, sex, national origin, disability and familial status. Because the FHA applies to entities that set terms and conditions for housing and provide services and facilities in connection with housing, it applies to homeowners associations and other community associations. Although there remains a debate as to whether the FHA applies to short-term rentals, the Airbnb case above previews how community associations can be held liable for discriminatory housing practices by a third party, e.g., a homeowner who engages in discriminatory conduct when renting out his/her unit(s). To further illustrate, suppose that homeowner Hank rents out

several units he owns at Happy High-Rise Condominiums. Manager Megan is contacted by a prospective renter asking about Hank’s online advertisement, which says, “This is a Muslim free complex. If you are Muslim, do NOT apply.” How should Megan respond? Is Hank engaging in discriminatory conduct? Absolutely. Can Happy HighRise Condominium Association be held liable for Hank’s conduct? Maybe. One of the new HUD regulations clarifies that an association is “directly liable” for “[f]ailing to take prompt action to correct and end a discriminatory housing practice by a third-party, where the person [here the association through its board] knew or should have known of the Continued on page 4

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We are pleased to present the Fall issue of the Law Journal. In addition to community governance issues involving architectural review and quorum dilemmas, this issue focuses on some current, cutting edge topics involving smoking, post drought procedures and changes in the Fair Housing Act. The articles will provide some general guidance as well as specific tools and best practices for your daily efforts toward ensuring legal compliance while maintaining harmony within your associations. Thanks to all of the authors for their insightful contributions and hard work in drafting their articles. Thanks also to our Editor-in-Chief Fred Whitney, and of course CACM for producing this issue and for their ongoing dedication to our industry. Karen Martinez is the CEO of ASPM-San Diego which serves more than 10,000 condominium units from over 80 management, accounting, janitorial and maintenance personnel.

Roger J. Grant, Esq. is an attorney with Fenton Grant Law Firm and has been representing community associations in construction defect and general counsel matters since 1998.

Discriminatory Leasing Practices Continued from page 3

discriminatory conduct and had the power to correct it.” (24 C.F.R. § 100.7(iii), emphasis added.) In other words, an association can be held liable when:

(1) An owner’s conduct constitutes a housing practice that discriminates based on race, color, religion, sex, national origin, disability or familial status; (2) the association knew or should have known of the conduct; (3) the association had the power to correct and end the conduct; and (4) the association failed to take prompt action to correct and/or end the conduct.

As applied to our example, homeowner Hank’s online posting expressly discriminates against persons based on their religion in providing a housing accommodation (i.e, the rental unit). But 4    The Law Journal | www.cacm.org

did the association know about the discriminatory conduct? Yes. Although the prospective renter contacted manager Megan about the posting and not a board member, Megan’s knowledge can be imputed to the board/association when a manager acts as an agent of the association. Even if the association itself did not have actual knowledge of Hank’s posting, the association should have known about the posting by virtue of Megan’s knowledge of the same. The more complex question tends to be whether the association had the power to correct or end the discriminatory conduct, and whether the association failed to promptly do so. As explained by HUD, “a community association generally has the power to respond to third-party [discriminatory] harassment by imposing conditions authorized by the association’s CC&Rs or by other legal authority.” As applied to our example, if the Happy-High-Rise CC&Rs gives the board power to regulate the leasing of units, then it follows that the association would have the power to adopt rules against discriminatory rental practices by its owners. The association may also have the power, either itself or through legal counsel, to send a written demand to Hank to take down his discriminatory online posting, and impose violation fines or suspend his leasing privileges (after a noticed hearing before the board) until he ends his discriminatory conduct. Whether an association would be liable for the discriminatory conduct of one of its owners is a difficult, fact-intensive question that will require the advice of legal counsel. But one thing is certain—an association board must take some action to address any alleged discriminatory practices by owners, residents, or other people within its authority. At the very least, the board should conduct a reasonable investigation of the matter by contacting the offending person and the alleged victim and participate in a meet and confer to obtain information and documentation regarding the allegations. The board should immediately seek advice from legal counsel once it learns of a claim to determine whether the owner’s conduct constitutes a discriminatory housing practice and whether the association has the power to correct such practice. Note that if a board member is the one engaging in discriminatory conduct, that board member must, of course, be kept out of any executive decisions relating to the discrimination complaint. If the board member does not voluntarily recuse him/herself, the board can establish an executive committee of the board to handle same.

ABOUT THE AUTHORS Sandra L. Gottlieb, Esq. is the managing partner and head of the transactional division of SwedelsonGottlieb, a law firm that exclusively represents community associations throughout California. Nicholas Marfori, Esq. is an associate with SwedelsonGottlieb working with clients on transactional and litigation matters.


What Are They Smoking? New Trends in Smoking and How to Respond BY JOHN D. HANSEN, ESQ. - BAYDALINE & JACOBSEN LLP

S

moking is an evolving issue in California. We smoke less and in fewer locations, but more products are available, from vape products to marijuana. Marijuana is legal recreationally and medically, but the age to purchase tobacco products is now 21. Municipalities are banning smoking in certain public places and multi-unit housing. For example, in Contra Costa County (unincorporated areas), smoking is prohibited in: (i) common indoor and outdoor areas of multi-unit housing residences of four or more units; (ii) all balconies, patios, decks and carports for existing and new multi-unit housing; (iii) all areas within 20 feet of doors, windows, air ducts and ventilation systems of multi-unit housing residences, except while walking from one destination to another, and (iv) in 100 percent of all dwelling units of multi-unit housing residences that receive a building permit after January 1, 2011. Additionally, Civil Code §1947.5 gives landlords of multi-unit dwellings the authority to restrict or prohibit smoking within residential tenancies. As of June 2016, individuals must be 21 to purchase “tobacco products,” which now include electronic devices or e-cigarettes and other vaporizing devices. This also means e-cigarettes are banned from the same places as

cigarettes. By categorizing e-cigarettes as “tobacco products,” the same issues surrounding traditional tobacco apply to these new forms of smoking. Countering the growth in restrictions is the rise in the availability of products to smoke, such as e-cigarettes, and more prominently marijuana with California state legalization. However, when it comes to associations, the rise in these products only has relevance when it comes to the need to consider restrictions.

The same principles that have always applied to regulating smoking still apply. In Birke v. Oakwood Worldwide (2009) 169 Cal. App.4th 1540, the Court of Appeal indicated that secondhand smoke was a nuisance, and that a tenant had the right to bring suit against a landlord for permitting smoking on common areas. In Frances T. v. Village Green Owners Association (1986) 42 Cal.3d 490, the California Supreme Court held that

associations are functionally “landlords” with respect to common area and must exercise due care for health and safety of owners. These cases indicate that smoking is an issue that associations should consider, and potentially take action on. The growing body of medical information on the impacts of secondhand smoke, as well as the growing trend in the law, supports the position that secondhand smoke is generally considered a nuisance. Continued on page 8

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Architectural Review – Common Pitfalls and Suggestions BY MARY M. HOWELL, ESQ. – EPSTEN GRINELL & HOWELL, APC

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ne of the most common paths to association hell is via the architectural review process. This article identifies several of the most common recurring issues and provides suggestions about how to avoid mistakes. PROCEDURAL ISSUES.

Nearly every set of declarations (and/or rules) outlines a procedure to be followed, including required elements of submittals, neighbor notification requirements, and timelines for committee review and approval or denial. One of the most common errors is simply failing to calendar the submittal and confirm submission of all required items. Mark the pages sequentially (“1 of 6”, “2 of 6”, etc.) and as reviewed, initial each page of the submission. Failure to follow that process can result in the loss of an otherwise “slam dunk” suit. See Ironwood Owners Association v. Solomon (1986) 178 CA3d 766. Keep (or microfiche) copies of the approvals permanently. CONDITIONAL APPROVALS. I say “no.”

Owners frequently misunderstand what has, and has not, been approved, and build in error. A better practice is denial, with a request to resubmit an appropriate application. And remember that when the committee rejects an application, it must state in its rejection each and every reason for the rejection (Civil Code § 4765), and it must include in its

rejection the process for appealing a committee's rejection to the board. GOOD GUIDELINES. One often hears that a committee may not reject an application on any basis not specifically set forth in the CC&Rs or the rules. Technically, that is not true (see Clark v. Rancho Santa Fe (1989) 216 CA3d 606), but

applicant is telling the truth? Perhaps a good solution is requiring neighbor notification, but allowing the committee to receive and rule on the application in the absence of proof of notification, provided the applicant offers a reasonable explanation for not notifying one or more neighbors.

Well thought-out and reasonable rules and attention to detail and calendars are the best predictors of success in architectural issues. it is good policy to establish guidelines which cover most of the recurring concerns (height, color, materials, slope preservation, drainage, setbacks), while adding that the committee may take into account other factors it reasonably concludes are relevant to the proposed improvement. NEIGHBOR ISSUES. Most associations call for notification by the applicant to neighbors. This can be very problematic. Which neighbors? Adjoining? Nearby? How nearby? Better define “neighbor” in your rule, if you are going to require notification. Also, what about a situation where the applicant claims his neighbor is unavailable, or refuses to talk with him? Do we simply ignore the requirement of notification, trusting that the

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VIEWS. Please remember

that there is no statutory or common law right to a view in California. If that right exists, it has to be in the governing documents – and some associations inadvertently add that right by setting forth in the rules a requirement that the committee take “view” into account. Which view? The view when the developer walked away? The view when the neighbor bought? The view for which the neighbor claims he paid extra on purchase? If an association is going to create a view when no such right existed before, go the extra mile and define in the rules what view is going to be considered “protected.” ERRONEOUS APPROVALS. Sometimes the courts will bail the association and its committee out, particularly

when the homeowner who is building based on erroneous approval is himself the bad actor, or was aware of a mistake by the committee when it approved the application. See Escondido Woodbridge Townhomes v. Nielsen (2003) 130 CA4th 559; Nellie Gail Ranch Owners Assn. v. McMullin (2016) 4 CA5th 982. But if you detect an association error, act quickly. Go to the owner, set forth the error, offer to make it right – and do that in writing. The court will be much more sympathetic to the association’s case.

Conclusions Well thought-out and reasonable rules and attention to detail and calendars are the best predictors of success in architectural issues. Don’t skim over submissions – mistakes will be made. Hire experts if you need them, and inspect the site periodically as work proceeds. Good luck!

ABOUT THE AUTHOR Mary M. Howell, Esq. has been representing CIDs for the past 39 years. She is with the law firm Epsten Grinnell & Howell APC, which maintains offices in San Diego and Coachella Valley.


Avoiding Sisyphus: The Dilemmas of Quorum and Leadership Transition BY JAMES E. PERERO, ESQ. – MYERS, WIDDERS, GIBSON, JONES & FEINGOLD, LLP

T

here is an ancient Greek legend about Sisyphus. Zeus, the king of the gods, punished Sisyphus for his misdeeds by forcing him to roll a boulder up a hill, only to watch it roll back and hit him. He was condemned to repeat this for eternity. For some, working to install a new board each year approximates the task of Sisyphus. Candidate nominations are few. Ballots pour out, but trickle back. The annual meeting comes and goes without a quorum. After the election fails, directors dutifully continue to serve. Each year, the cycle repeats. To break this pattern, a manager must understand quorum requirements and be able to address owner apathy. Quorum is a legal matter. Know the law, then you know your options. Apathy is a leadership

challenge requiring a little more creativity. Although the Corporations Code sets quorum for a member meeting at one-third of an association’s voting power, the bylaws may raise or lower the number. (§ 7512(a).) When a quorum is achieved, magic happens: the affirmative vote of the voting power at the meeting is an “act of the members,” which means directors are elected at the annual meeting. (Ibid.) In practice, many association bylaws set quorum at a majority of the total voting power. There is a simple solution – with a catch. An association can amend its bylaws to set a lower quorum. But this means holding a vote, which (you guessed it) requires a quorum. While this may be tough, the prospect of lowering quorum to zero – which is permissible for the

election of directors – may energize a get-out-the-vote effort. In the meantime, board member terms can expire. Often, those board members continue to serve. But is this legal? According to the Corporations Code, yes. Unless the bylaws or articles say otherwise, a sitting board member continues to serve until his or her term expires and a successor is elected and qualified. (Corp. Code § 7220(b).) In the absence of a member vote, there are two ways off the board: a declaration of vacancy or resignation. Under limited circumstances, the board may declare a seat vacant. (See Corp. Code § 7221.) Or a board member may resign. (Corp. Code § 7224(c).) In either case, the vacant seat may be filled by board action without a member

election. (See Corp. Code § 7224(a).) Now for the leadership challenge: apathy. On the bylaws side, approving an amendment to lower the quorum takes work, but is not complicated. Many members must be persuaded to make a small commitment: vote to amend the bylaws. Recruiting board members is trickier. Avoid the temptation to twist arms. Try this instead. Six months before the election, hold a meeting to explain board service. Advertise and serve quality food and drinks. Keep it short. Afterwards, board members send handwritten thank-you notes to attendees. Then, board members meet face-to-face with promising potential candidates. They ask questions and listen. They work to identify what motivates the Continued on page 8

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Avoiding Sisyphus: The Dilemmas of Quorum and Leadership Transition Continued from page 7

What Are They Smoking? Continued from page 3

person’s interest in board service. It may be altruistic: a sense of duty. Or it may be self-interest: well-run communities have higher property values. Board members share personally about the benefits of board service. And they describe training and support resources, like those available through industry-association groups. Even the best leaders have difficulty motivating people to act. But over time, building relationships and sharing information pays dividends. Sisyphus may still be dealing with his boulder, but you are not destined to share his fate. Put the insights in this article to work, and soon you may know the satisfaction of managing associations with good board candidates and regular annual elections.

Marijuana can be regulated like tobacco, and legalization has not changed that. The same applies to vaping. Most sets of CC&Rs prohibit nuisances, and an association could take the position secondhand smoke is a nuisance and prepare consistent rules pursuant to Civil Code §§ 4340-4360. This would depend upon the language in the CC&Rs. Alternatively, CC&Rs could be amended to regulate smoking, which would ensure the support of the membership and provide more strength to the restriction. Local laws can be used for a model, or smoking could be prohibited altogether. What about reasonable accommodations? Associations generally have to grant variances from regulations to accommodate a person with a disability. However, that does not mean an owner who uses medical marijuana must be allowed to smoke, or grow, marijuana if it would be otherwise prohibited. It is still a federal crime, so a housing provider does not need to permit use even with a disability. (www.dfeh.ca.gov/resources/frequently-asked-questions/ housing-faqs/) In conclusion, housing is becoming increasingly smoke-free, and the courts indicate it is an issue that associations should consider. Local laws can be used as a model, and legal counsel can assist associations regarding the right mechanism and language for enacting those restrictions.

ABOUT THE AUTHOR James E. Perero, Esq. is an associate with the law firm Myers, Widders, Gibson, Jones & Feingold, LLP in Ventura. His practice focuses primarily on the needs of businesses, property owners, and community associations.

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Alterra Assessment Recovery ASSESSMENT COLLECTION Steven J. Tinnelly, Esq. Your Association's Assessment Collection Partner 27101 Puerta Real, Ste. 250, Mission Viejo, CA 92691 (888) 818-5949 ramona@tinnellylaw.com • www.alterracollections.com

Feldsott Lee Pagano & Canfield COMMUNITY ASSOCIATION LAW Stanley Feldsott, Esq., Jacqueline Pagano, Esq., Eric S. Canfield, Esq. Laguna Hills | San Diego 23161 Mill Creek Dr., Ste. 300, Laguna Hills, CA 92653 (949) 729-8002 • Fax (949) 729-8012 ecanfield@cahoalaw.com • www.cahoalaw.com

Richardson Harman Ober PC COMMUNITY ASSOCIATION LAW Matt D. Ober, Esq.; Kelly G. Richardson, Esq. Pasadena | Orange County | Inland Empire (877) 446-2529 mober@rhopc.com • www.rhopc.com

Roseman & Associates, APC COMMUNITY ASSOCIATION LAW & DELINQUENT ASSESSMENT COLLECTION Steven A. Roseman, Esq. OC | LA | Palm Desert | Inland Empire | Ventura 21650 Oxnard St., Ste. 2000, Woodland Hills, CA 91367 (866) 839-9400 • Fax (818) 380-6710 agnew@raattorneys.com • www.RAattorneys.com

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DIRECTORY Angius & Terry LLP CONSTRUCTION DEFECT LITIGATION & GENERAL COUNSEL Bradley J. Epstein Esq. & Julie M. Mouser Esq. Walnut Creek | Roseville | Manteca | Fresno 1990 N. California Blvd., Ste. 950, Walnut Creek, CA 94596 (925) 939-9933 • Fax (925) 939-9934 jmouser@angius-terry.com • www.angius-terry.com

Berding | Weil LLP COMMUNITY ASSOCIATION COUNSEL | CONSTRUCTION DEFECT LITIGATION Tyler Berding | Steve Weil | Chad Thomas | Andrea O'Toole Community Association Counsel | Construction Defect Litigation 2175 N. California Blvd., Ste. 500, Walnut Creek, CA 94596 (925) 838-2090 • Fax (925) 820-5592 aotoole@berdingweil.com • www.berding-weil.com

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Chapman & Intrieri, LLP GENERAL COUNSEL & CONSTRUCTION DEFECT LITIGATION John W. Chapman, Esq. 2236 Mariner Square Dr., Ste. 300, Alameda, CA 94501-6468 (510) 864-3600 • Fax (510) 864-3601 jchapman@chapmanandintrieri.com • www.chapmanandintrieri.com

Community Legal Advisors Inc. GENERAL COUNSEL & ASSESSMENT COLLECTION Mark Guithues, Esq. & Edward Burns, Esq. Inland Empire | Orange County | San Diego 509 N. Coast Hwy., Oceanside, CA 92054 (760) 529-5211 • Fax (760) 453-2194 mark@attorneyforhoa.com • www.attorneyforhoa.com

Epsten Grinnell & Howell, APC COMMUNITY ASSOCIATION LAW, CONSTRUCTION DEFECT, LITIGATION & ASSESSMENT RECOVERY Jon Epsten, Esq., & Susan Hawks McClintic, Esq. San Diego | Inland Empire | Coachella Valley 10200 Willow Creek Rd., Ste. 100, San Diego, CA 92131 (858) 527-0111 • Fax (858) 527-1531 jepsten@epsten.com • www.epsten.com

Feldsott Lee Pagano & Canfield COMMUNITY ASSOCIATION LAW Stanley Feldsott, Esq., Jacqueline Pagano, Esq., Eric S. Canfield, Esq. Laguna Hills | San Diego 23161 Mill Creek Dr., Ste. 300, Laguna Hills, CA 92653 (949) 729-8002 • Fax (949) 729-8012 ecanfield@cahoalaw.com • www.cahoalaw.com

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2017

LEGAL

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COMMUNITY ASSOCIATION LAW AND ASSESSMENT COLLECTIONS Janet L.S. Powers, Esq., Peter E. Racobs, Esq. & "Gen" Wangler, Esq. The Recognized Authority in Community Association Law Orange County | Inland Empire | Coachella Valley (877) 31F-IORE • Fax (949) 727-3311 jpowers@fiorelaw.com • www.fiorelaw.com

COMMUNITY ASSOCIATION LAW, CONSTRUCTION DEFECT LITIGATION, GENERAL COUNSEL Kelton Lee Gibson, Esq. Ventura, Thousand Oaks, Valencia, San Luis Obispo & Mammoth Lakes 5425 Everglades Street, Ventura, CA 93003 (805) 644-7188 • Fax (805) 644-7390 kgibson@mwgjlaw.com • www.mwgjlaw.com

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ASSOCIATION LAW, ASSESSMENT COLLECTIONS, GENERAL COUNSEL Wayne S. Guralnick, Robert J. Gilliland Jr., Michael C. Knighten Serving Community Associations for Over 30 Years 40004 Cook St., Ste. 3, Palm Desert, CA 92211 (760) 340-1515 • Fax (760) 568-3053 wayneg@gghoalaw.com • www.gghoalaw.com

BOARD CONSULTATION, LITIGATION, ENFORCEMENT & CONTRACT REVIEW Fred Whitney, Esq. & Nancy Michael, Esq. Helping Community Associations Find Their Way 22342-A Ave.Empresa, Ste. 100, Rancho Santa Margarita, CA 92688 (949) 766-4700 • Fax (949) 766-4712 fredwhitney@nwmapc.com • www.nwmapc.com

Hickey & Associates, P.C.

Peters & Freedman, L.L.P.

COMMUNITY ASSOCIATION LAW David E. Hickey, Esq. 6 Jenner, Suite 290, Irvine, CA 92618 (949) 614-1550 • Fax (949) 748-3990 dhickey@hickeyassociates.net • www.hickeyassociates.net

COMMUNITY ASSOCIATION LAW, GENERAL COUNSEL, COLLECTIONS, CONSTRUCTION DEFECT David Peters, James McCormick Jr., Stephen Kirkland & Christina DeJardin San Diego County | Inland Empire | Coachella Valley | Orange County 191 Calle Magdalena, Ste. 220, Encinitas, CA 92024-3798 (760) 436-3441 • Fax (760) 436-3442 smcknight@hoalaw.com • www.HOALAW.com

Hughes Gill Cochrane Tinetti, P.C. COMMUNITY ASSOCIATION & CONSTRUCTION DEFECT LAW Michael J. Hughes, Esq., John P. Gill, Esq., Amy K. Tinetti, Esq. Complete representation of community associations 2820 Shadelands Dr., Ste. 160, Walnut Creek, CA 94598 (925) 926-1200 • Fax (925) 926-1202 atinetti@hughes-gill.com • www.hughes-gill.com

The Judge Law Firm, ALC

Law Offices of Ann Rankin COMMUNITY ASSOCIATION LAW & CONSTRUCTION DEFECT LITIGATION Ann Rankin, Esq. & Hanh T. Pham, Esq. Prompt, affordable service to common interest communities for 31 years 3911 Harrison St., Oakland, CA 94611-4536 (510) 653-8886 • Fax (510) 653-8889 arankin@annrankin.com • www.annrankin.com

COMMUNITY ASSOCIATION LAW, GENERAL COUNSEL, COLLECTIONS James A. Judge, Esq. Orange County HOA Attorneys at Law 18881 Von Karman Ave., 15th Fl., Ste. 1500, Irvine, CA 92612 (949) 833-8633 • Fax (949) 833-0154 info@thejudgefirm.com • www.thejudgefirm.com

Richardson Harman Ober PC

Kriger Law Firm

Riley Pasek LLP

COMMUNITY ASSOCIATION LAW, GENERAL COUNSEL Joel M. Kriger, Esq. 8220 University Ave., Ste. 100, La Mesa, CA 91942 (619) 589-8800 • Fax (619) 589-2680 jwilcox@krigerlawfirm.com • www.krigerlawfirm.com

Loewenthal, Hillshafer & Carter, LLP COMMUNITY ASSOCIATION LAW, CONSTRUCTION DEFECT & GENERAL COUNSEL David A. Loewenthal, Esq., Robert D. Hillshafer, Esq. & Kevin P. Carter Woodland Hills | Santa Barbara | Westlake Village | San Luis Obispo 5700 Canoga Ave., Ste. 160, Woodland Hills, CA 91367-6579 (866) 474-5529 • Fax (818) 905-6372 info@lhclawyers.net • www.lhclawyers.net

Massie-Berman, APC FULL SERVICE COMMUNITY ASSOCIATION LAW Jonathan D. Massie, Esq., & Andrew E. Berman, Esq. Full Service Community Association Law Firm 3588 4th Ave., Ste. 200, San Diego, CA 92103-4940 (619) 260-9010 • Fax (619) 260-9016 jmassie@massieberman.com • www.massieberman.com 10   The Law Journal | www.cacm.org

COMMUNITY ASSOCIATION LAW Kelly G. Richardson, Esq., Matt D. Ober, Esq. Pasadena | Orange County | Inland Empire (877) 446-2529 krichardson@rhopc.com • www.rhopc.com CONSTRUCTION DEFECT LITIGATION Richard P. Riley, Esq., Melissa A. Pasek, Esq. Serving All of California 1255 Treat Blvd., Ste. 300, Walnut Creek, CA 94597 (844) 775-5000 • Fax (415) 482-9939 rriley@rileypasek.com • www.rileypasek.com

Roseman & Associates, APC COMMUNITY ASSOCIATION LAW & CONSTRUCTION DEFECT LITIGATION Steven A. Roseman, Esq. OC | LA | Palm Desert | Inland Empire | Ventura 21650 Oxnard St., Ste. 2000, Woodland Hills, CA 91367 (866) 839-9400 • Fax (818) 380-6710 agnew@raattorneys.com • www.RAattorneys.com


2017

LEGAL

DIRECTORY

Russell & Mallett, LLP

The Miller Law Firm

COMMUNITY ASSOCIATION LAW & CONSTRUCTION DEFECT LITIGATION Larry F. Russell, Esq. & G. Kevin Mallett, Esq. All of your association's legal needs | Governing Docs | Enforcement | Litigation 1225 Alpine Road, Ste. 204, Walnut Creek, CA 94596-4400 (925) 947-4915 • Fax (925) 947-4920 larry@russell-mallett.com • www.russell-mallett.com

SB 800 AND CONSTRUCTION DEFECT CLAIMS Thomas E. Miller, Rachel M. Miller & Matthew T. Miller A 40 Year Legacy of Construction Defect Claims – Serving all of California (800) 403-3332 rachel@constructiondefects.com • www.constructiondefects.com

SwedelsonGottlieb

CONSTRUCTION DEFECT LITIGATION William H. Naumann, Esq. Los Angeles | Orange County | San Diego | Riverside 10200 Willow Creek Road, Ste. 150, San Diego, CA 92131 (844) 492-7474 • Fax (858) 564-9380 elaine@naumannlegal.com • www.naumannlegal.com

COMMUNITY ASSOCIATION LAW, CONSTRUCTION DEFECT, ASSESSMENT COLLECTION David C. Swedelson, Esq. & Sandra L. Gottlieb, Esq., CCAL Los Angeles | San Francisco | Orange County | Ventura | San Diego 11900 W. Olympic Blvd., Ste. 700, Los Angeles, CA 90064-1045 (800) 372-2207 • Fax (310) 207-2115 info@sghoalaw.com • www.lawforhoas.com

Tinnelly Law Group COMMUNITY ASSOCIATION LAW Richard A. Tinnelly, Esq., Steven J. Tinnelly, Esq. Orange County | Los Angeles | Palm Desert | San Francisco | San Diego 27101 Puerta Real, Ste. 250, Mission Viejo, CA 92691 (949) 588-0866 • Fax (949) 588-5993 ramona@tinnellylaw.com • www.tinnellylaw.com

White & MacDonald, LLP COMMUNITY ASSOCIATION LAW, CONSTRUCTION DEFECT LAW Steven M. White, Esq., Rob D. MacDonald, Esq. & James P. Hillman, Esq. COST EFFECTIVE SOLUTIONS BASED ON EXPERIENCE 1530 The Alameda, Ste. 215, San Jose, CA 95126 (408) 345-4000 • Fax (408) 345-4020 info@wm-llp.com • www.wm-llp.com

Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP COMMUNITY ASSOCIATION LAW Daniel C. Shapiro, Esq., & Michael W. Rabkin, Esq. 11400 W. Olympic Blvd., 9th Fl., Los Angeles, CA 90064-1582 (310) 478-4100 • Fax (310) 478-6363 dshapiro@wrslawyers.com • www.wrslawyers.com

CONSTRUCTION DEFECT ANALYSIS Fenton Grant Mayfield Kaneda & Litt, LLP CONSTRUCTION DEFECT LITIGATION & CID EDUCATION Charles R. Fenton, Esq. & Joseph Kaneda, Esq. California & Nevada 2030 Main Street, Suite 550, Irvine, CA 92614 (877) 520-3455 • Fax (949) 435-3801 cfenton@fentongrant.com • www.fentongrant.com

McKenzie Rhody, LLP CONSTRUCTION DEFECT ANALYSIS Daniel R. Ryan, Esq. Construction Defect Attorneys – Serving All of California 11620 Wilshire Blvd., 9th Fl., Los Angeles, CA 90025 (415) 637-4859 dryan@mrcdlaw.com • www.mrcdlaw.com

The Naumann Law Firm, PC

Roseman & Associates, APC COMMUNITY ASSOCIATION LAW & CONSTRUCTION DEFECT LITIGATION Steven A. Roseman, Esq. OC | LA | Palm Desert | Inland Empire | Ventura 21650 Oxnard St., Ste. 2000, Woodland Hills, CA 91367 (866) 839-9400 • Fax (818) 380-6710 agnew@raattorneys.com • www.RAattorneys.com

RESERVE STUDY FIRMS Association Reserves RESERVE STUDY FIRM Paige Daniels Reserve Studies for Community Associations 5000 N. Parkway Calabasas, Ste. 308, Calabasas, CA 91302 (800) 733-1365 • Fax (800) 733-1581 pdaniels@reservestudy.com • www.reservestudy.com

The Helsing Group, Inc. RESERVE STUDY FIRM Ryan Leptien Serving All of California 4000 Executive Pkwy., Ste. 100, San Ramon, CA 94583 (925) 355-2100 • Fax (925) 355-9600 reservestudies@helsing.com • www.helsing.com

VENDOR COMPLIANCE Association Services Network VENDOR COMPLIANCE David Jeranko Collect – Vett – Asset Protect 24000 Alicia Pkwy., Ste. 17-442, Mission Viejo, CA 92691 (949) 300-3702 davidj@asn4hoa.com • www.asn4hoa.com

www.cacm.org | The Law Journal    11


23461 South Pointe Drive, Ste. 200 Laguna Hills, CA 92653

Law Journal Meetings & Governance Issue Fall 2017 LEARN & EARN 2 C EUs AT A CAC M FA LL REGI ONA L F OR UM • REGI STER TODAY & SAVE!

Attend one of CACM’s conveniently located Regional Forums and get off to a fast start on understanding how recently passed legislation and new case law will impact both you as a manager and your association clients.

Get a Head Start on New California HOA Law

EXPLORE the latest HOT TOPICS including new mandatory business disclosures, solar power, freedom of speech within your community and personal liability issues for volunteer officers and directors. LEARN the latest on the pending SB 721, the Structural Defects Law, and understand what is being done to avoid the financial and administrative challenges it could create. DISCOVER what CACM is doing behind the scenes to defeat bad legislation in support of you and your association. TAKE AWAY examples of policies to help you comply with AB634, Solar Panel legislation. CONNECT with leading service providers at the Mini Trade Show that leads off the program.

Register today at www.cacm.org

Sacramento Breakfast Sacramento Marriott Rancho Cordova October 17, 8:30 am – 11 am East Bay Luncheon Casa Real at Ruby Hill Winery Pleasanton October 18, 11 am – 1:30 pm Los Angeles Luncheon Holiday Inn Los Angeles Gateway – Torrance October 24, 11 am – 1:30 pm Ventura Luncheon Wedgewood at Sterling Hills Camarillo October 25, 11 am – 1:30 pm Orange County Luncheon Alta Vista Country Club Placentia November 1, 11 am – 1:30 pm San Diego Luncheon Hilton San Diego, Mission Valley November 7, 11 am – 1:30 pm Coachella Valley Breakfast Bellatrix/Classic Club, Palm Desert November 14, 8:30 am – 11 am


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