The Law Journal, Summer 2019

Page 1

Preparation for HOA Summer Activities

IN THIS ISSUE H2O LAWS: Four new bills passed last year that will impact associations and owners. SHORT-TERM RENTALS: Tips for managing the challenges they bring to boards and managers. SUMMER EVENTS PRIMER: Minimizing liability while maximizing fun. POOL CONSIDERATIONS: How to keep cool when the pool gets busy.

SUMMER 2019

Alcohol in the Common Area Where It Does and Does Not Mix BY SANDRA L. GOTTLIEB, ESQ. – SWEDELSONGOTTLIEB

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ummertime in California is a great time to gather together with friends, family and neighbors. There is no shortage of block parties and barbecues. For community associations hosting neighborhood get togethers or renting community rooms for others to host, serving alcohol can bring substantial liability. Understanding what triggers these liabilities is crucial to assisting association clients in developing rules and policies concerning events where alcohol will be sold or served.

Liquor License Required Businesses, including community associations, are required to have a liquor license to serve alcohol. There are two types of liquor licenses an association could obtain from the California Department of Alcoholic Beverage Control (ABC): permanent and special event licenses. For a permanent liquor license, an association must be currently operating a restaurant or bar on the property, or be defined as a “club.” To obtain a special event liquor license, an association must

be formed as a 501c3. Associations should consult their general counsel to determine if they meet these criterion. A majority of community associations will not qualify to obtain either of these licenses to serve alcohol. Therefore, to serve alcohol, these associations must hire an ABC licensed caterer to serve at the event and the caterer must obtain a special event permit for the event (ABC 218). 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 | www.cacm.org

2019 CACM LAW SEMINAR ADVISORY COMMITTEE CHIEF EDITOR Fred Whitney, Esq. Whitney | Petchul

ATTORNEY GUEST EDITOR Alex Sohal, Esq. Adams Stirling, PLC

COMMITTEE MEMBERS Zer Iyer, Esq. Angius & Terry, LLP Dyanne Peters, Esq. Delphi Law Group, LLP Kumar Raja, Esq. Tinnelly Law Group Ian McDonald, CCAM Action Property Management, Inc., ACMC Jill Morgan, CCAM Allure Total Management Zayra Yves, CCAM-HR Northpoint HOA 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. The information contained in these articles is of a general nature and not intended as legal advice. If you have any questions, please discuss them with your association’s legal counsel.

Alcohol in the Common Area.. Continued from Front Page

Individual residents are required to have a license to sell alcohol, however, in accordance with the California Business and Professions Code (BPC) §23399.1, as part of the Alcoholic Beverage Control Act, a liquor license is not required for social hosts when all of the following conditions are met: 1. There is no sale of an alcoholic beverage, including indirect sales such as: • Entrance fees charged, donations requested • Serving as an enticement for attendance (i.e. annual meeting) fundraising 2. The premises are not open to the general public during the time alcoholic beverages are served or consumed. 3. The premises are not maintained for the purpose of keeping, serving, consuming or otherwise disposing of alcoholic beverages, i.e. not a restaurant or bar.

Liability for Serving Alcohol

Courses Come to You! If your schedule doesn’t mesh with our schedule, bring a CACM course to your area. Individual managers can join a wait list through our Request a Course program, and management businesses can organize a private offering. Learn more at www.cacm.org. 2  The Law Journal | www.cacm.org

Dram Shop liability is the liability for the sale or serving of alcohol. In California, Dram Shop is codified in Civil Code §1714 and BPC §25602, which bar civil liability for selling or serving alcohol to persons of legal drinking age. The exceptions to this code are when serving adults of legal drinking age who are overtly intoxicated or known habitual drunks or serving or allowing continued consumption between 2 a.m. and 6 a.m. These actions can result in a criminal misdemeanor, fines, community service and even jail time of up to one year. An association would only be subject to this liability when it is hosting the event, not for owner’s parties. In California, an association will not be held liable to the guests of an owner hosting a party in the common area. Employers can be held liable for employees that drink during work functions; after work, but on the premises; or off premises while operating in their function as an employee, knowing that the employee would be driving home. Associations that employ independent contractors should consult their corporate counsel to determine whether those people could be classified as employees.


Associations could also be liable for injuries when there is a dangerous condition on the property, where both the dangerous condition and the alcohol are proximate causes of the injuries. Last but not least, an association or resident social host that serves a minor is subject to fines and minimum jail time of six months AND can be found civilly liable if an obviously intoxicated minor is served and subsequently is injured, dies or injures another as the result of intoxication. If a jury finds that an obviously intoxicated minor was served, there is no cap on the liability. Victims will be awarded damages for medical expenses from the incident, loss of wages, property damage, pain and suffering, future impact on wages and future expenses resulting from the incident. Anytime there is an incident, there will always be an effort, on behalf of those harmed, to go after the deepest pockets. Associations can limit this risk with good rules and proper insurance.

Insurance Considerations Although an association’s general liability policy may cover the association serving alcohol, exclusions may apply, and there will not be an extension of coverage if the association engages in the sale of alcohol. No insurance policy will cover illegal acts. Therefore, insurance will not cover injuries caused by serving to minors. Associations should discuss insurance options with their agent.

Rules and Policies for Serving Alcohol An association board has a fiduciary duty to protect the association from liability. Where serving alcohol is concerned, there are only two options: prohibit alcohol or carefully develop rules and policies, such as: • Educate owners about their liability in the rental agreement. • Prohibit serving alcohol to minors or intoxicated guests.

• Require residents to purchase host liquor liability insurance and list the common area as a location insured. • Require an ABC licensed caterer for selling alcohol, with liquor liability insurance, review exclusions. • Require guests to show ID. • Require liability waivers, indemnity agreement. • Post Prop. 65 warning signs where alcohol is served. Cheers!

ABOUT THE AUTHOR Sandra L. Gottlieb, Esq., is an attorney with SwedelsonGottlieb with offices in Los Angeles, San Francisco, Palm Desert and Newport Beach. She specializes in community association litigation. She has been serving the community association industry for 32 years.

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How to Keep Cool When The Pool Gets Busy BY KATRINA E. SOLOMATINA, ESQ. – BERDING | WEIL, LLP

ith summer days approaching, association residents are getting ready to jump in the pool. This article will help you navigate the pool issues. Let’s call it “Everything you wanted to know about the HOA pools but were afraid to ask.” To begin with, let’s get our feet wet with a few basics. Yes, it is true, HOA pools, even though they are located within private residential developments, are considered “public pools” under California Health and Safety Code – no exceptions. With this come increased maintenance requirements. California law requires HOAs with 25 or more separate interests (lots or condominium units) to follow daily and monthly testing requirements for the pool water. Associations with less than 25 separate interests still have to test at least two times per week and at intervals no greater than four days apart. Daily testing may be performed “using a properly calibrated automatic chemical monitoring and control system” if allowed by local enforcing authorities. Otherwise, the manual test results must be maintained onsite as part of the association’s written records for at least a two-year period. Such records must be submitted to the local enforcing authorities upon request. Continued on page 4 www.cacm.org | The Law Journal 3


How to Keep Cool When the Pool Gets Busy... Continued from page 3

Best Practices for HOA Pools

ADA COMPLIANCE. The latest Americans with Disabilities Act (ADA) requirements went into effect in 2012. Pools constructed before that date have different (and looser) requirements than those built after. Knowing the construction date will help understand what requirements apply to the communities you manage. And, you also need to find out if your pool area requires an automated external defibrillator (AED) unit on hand to deal with cardiac emergencies.

OPERATING PERMIT. Find out if your pool is required to have an operating permit. If so, appoint a board member to deal with applying for and obtaining the necessary permit. POOL MAINTENANCE. All good things do not last long. Keep in mind if the pool surface is allowed to go too long it could cost a lot of money to fix. Keep up to date on the condition of the pool’s floor and walls, as well as the last time the surface was refinished. Stay on top of these maintenance issues to keep your expenses down over the long run and keep people from suffering injuries while swimming in the pool. Also make sure your drain covers are strong, fit properly, and are in good shape to prevent injuries, death, and the potential legal liabilities.

RESERVING FOR POOL MAINTENANCE. The swimming pool itself and the water that goes inside is no small expense. But there is so much more for which you need to budget. Your list of essential expenses should include chlorine, test kits, reagents, first aid kits, flex tubes, and more. On top of that, there is annual upkeep, cleaning equipment, insurance policies, and other maintenance issues. Please make sure you allow for adequate reserve funding for the pool maintenance. You have to keep on top of all of these, and if your community association board has not budgeted correctly, you will be left out to dry.

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Another thing to remember is the installation and maintenance of safety and first aid equipment, which, at a minimum, should include a rescue pole and a 17-inch minimum diameter life ring with a 3/16-inch diameter throw rope attached. Yes, it is true that previous regulations prohibited persons with diarrhea from using the pool. Now, pool access must be denied to any person, including pool monitors, that have symptoms “such as a cough, cold sore, or nasal or ear discharge or when wearing bandages.” For developments with life guards, this might require them to actively demand someone exit a pool; without lifeguards, signage would probably be needed. Also be aware that there are specific requirements mandating at least one pool enclosure which allows for egress, without a key, for emergency purposes. If all gates for egress allow for keyless exit, no special signage is necessary, but if not, then the non-key exit gate must have signage, in four-inch letters which states “Emergency Exit.” Yes, most association swimming pools have them: a laminated poster displayed prominently listing a number of rules and regulations for use of the pool. Examples of such rules include “no diving”, “no running”, “no horseplay”, “no glass containers”, and “no children under the age of 18 permitted without adult supervision.” Yes, it is true the Fair Housing Act (FHA), a federal anti-discrimination law which is applicable to homeowners associations prohibits discrimination based on “familial status.” Yes, rules requiring adult supervision, adult-only swim times, and no-children areas, could violate the Fair Housing Act. Associations should therefore exercise caution when adopting and enforcing pool rules. Rules which limit conduct to individuals of certain ages (for example children age 10, or 14, or 18) are facially discriminatory, and should be avoided. Rules should address conduct, not age or status – and constitute the least restrictive means to meet a compelling business necessity (such as safety and peaceful enjoyment). A good rule of thumb – pool rules should be intended to keep children safe – not to keep them out. And lastly, create pool rules, make sure they are followed and keep swimming.

ABOUT THE AUTHOR Katrina E. Solomatina, Esq. is an attorney at Berding | Weil, LLP in Walnut Creek. She specializes in HOA general counsel and construction defects and has been practicing for six years.


Summer is here and warm weather and long days bring a unique set of issues for associations to handle. In this issue, we wanted to focus on how managers can ensure that members safely enjoy summer recreation without facing disciplinary

Movie and Music Nights

issues. You will find articles covering

Ensuring Everyone Enjoys Summer Community Events

requirements, alcohol in common areas,

swimming pools and safety movie and music nights, as well as

BY BRITTANY A. KETCHUM, ESQ. – BEAUMONT TASHJIAN

water conservation and short-term

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rental issues.

he social event of the summer is about to begin. You take a deep breath, inhaling the scents of fresh cut grass and barbecue wafting through the air, and hope all your hard work will culminate with a successful community event. Instead of fretting over potential complaints, injuries or lawsuits, the prudent manager will have taken reasonable steps to help protect the association from liability, while guaranteeing a good time for residents and their guests. Events involving movies or music (e.g., concerts, musicals, theater acts or other similar performances) expose associations to copyright infringement liability. Movies and musical works are intellectual property protected by federal law; specifically, the U.S. Copyright Act. To avoid copyright infringement, associations must have permission to perform copyrighted works publicly. The Copyright Act defines “publicly” to include performance of a copyrighted work at a place “open to the public or gathering of substantial number of persons outside of a normal circle of a family and its social acquaintances.” (17 USC Section 101.) Courts have found associations and other similar “private” clubs liable for copyright infringement. (Hinton v. Mainlands of Tamarac, 611 F. Supp. 494 (SD Fla. 1985);

Fermata Int’l Melodies, Inc. v. Champions Golf Club, Inc., 712 F. Supp. 1257 (S.D. Texas 1989).) Courts have also held that association board meetings are “public” forums. (Damon v. Ocean Hills Journalism Club, 85 Cal. App. 4th 468 (2000).) Therefore, even if your association is not open to the public, your event may still be deemed “public” under the Copyright Act. To protect your association from liability, consult the association’s legal counsel regarding this difficult issue. Otherwise, a license may be obtained from a copyright licensing agency for permission to perform the specific copyrighted work your association intends to perform or display. To further protect the association from liability, keep your event private. This will help minimize exposure to liability, such as discrimination and accessibility related claims under the Americans with Disabilities Act. Attendees should only be association members, residents and their guests. Admission to the event should be free and alcohol should not be sold. If alcohol is served, ensure the association purchases and maintains appropriate insurance and consider hiring a third party vendor that specializes in hospitality events to best protect the association and management. Such vendors often implement

These articles take a common sense approach to some tricky issues and provide managers with some key takeaways that can be applied beyond the summer months. Many of these topics are extremely nuanced, but we hope the information within can provide you with some basic tools and discussion points when working with your associations. Your role in preparing boards for these issues cannot be overstated and we hope this edition of the Law Journal can help you and your associations enjoy a warm and safe summer.

Alex Sohal, Esq. is with the law firm Adams Stirling PLC in the Northern California Area. He has served as general counsel in the area of common interest developments for the past five years.

Continued on page 8

www.cacm.org | The Law Journal 5


New Water Laws and What They Mean for HOAs BY JAMES A. JUDGE, ESQ. & DAVID MANGIKIAN, ESQ. – THE JUDGE LAW FIRM

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his article examines four pieces of legislation passed in 2018 that will, directly or indirectly, affect associations and owners in the (hopefully) wetter days ahead.

AB 1668/SB 606: Water Management Planning Assembly Bill 1668, in its preamble, recites the list of current laws related to water conservation, which include the following: • A 20% reduction in urban per capita water use by December 31, 2020; • The requirement for urban areas to set water use targets consistent with this mandate; • Other existing laws unrelated to common interest developments. Assembly Bill 1668, in amending and adding numerous provisions to the California Water Code, will require the Department of Water Resources, by certain dates, to adopt long term standards for water usage, conduct studies, and recommend further legislation, among other things. The bill establishes 55 gallons per day as the standard for residential water use, with lower proposed levels after 2025. The bill would also require the Department to adopt contingency plans in rural areas with small water suppliers in the event of a water shortage. There are other provisions in the bill, but they are not applicable to this article. Senate Bill 606 is the companion bill to AB 1668. It also amends and adds sections of the California Water Code. But rather than focusing on the statewide Department of Water Resources, SB 606 focuses on local water suppliers, reinforcing existing planning, research and reporting requirements. But the bill goes further to require local water suppliers research and prepare, among other things “water management plans,” and amendments thereto, as well as “water shortage contingency plans,” which would be presumably available to the public and 6  The Law Journal | www.cacm.org

which would be used for various purposes, among them future legislation and in connection with water company request for rate hikes in the cost of water. It also contains further information on a local water supplier declaring a “water shortage emergency,” and requires coordination between the local government and the water supplier in such event. The manager takeaway from this legislation, as sometimes occurs with cumbersome and wordy bills from the State Assembly and Senate, might be a little unclear at first glance. But the essence is there will be more sources of information for managers and their communities to evaluate water issues in the future, and that is never a bad thing. The required reports and analysis from the local water suppliers will be great tools in terms of water usage planning in the years to come.

AB 2371: Water Conservation by Licensed Landscapers This bill would require that the California Contractors License Board determine, in consultation with designated entities, whether changes need to be made to the examination for a landscaper’s license to test for knowledge of water conservation. It also identifies certain specifics to be included in a home inspection by a qualified inspector related to any underground irrigation system. The legislature posits that this increased knowledge by landscapers and consumers who periodically commission inspections of their properties will lead to better or at least more informed choices by consumers about “efficient and sustainable landscape materials that would benefit California and help water use standards in the future.” The manager takeaway from this legislation is a little elusive. It may be informational only. But it does remind us that in selecting landscaping vendors we should do our best to make sure the advice they give in the selection of materials is consistent with each community’s own

water standards and water usage plan.

SB 966 (effective 2021): Onsite Treated Non-Potable Water Systems Senate Bill 966 should be of keen interest to every manager of a community that uses treated non-potable water systems for irrigation. The legislation requires the state Water Resources Control Board, in consultation with other agencies, to adopt risk-based water quality standards for such systems aimed at the reduction of pathogens. Certain designated local jurisdictions will also be required to adopt ordinances consistent with the standards. Various specific items, detailed in the bill, are required to be addressed in the standards. The idea is to identify and reduce the risk of pathogens in such nonpotable water systems. Managers who manage communities with onsite treated non-potable water systems should keep in touch with the Water Resources Control Board and their local municipalities and water districts for more details on future changes in law that may impose additional requirements and restrictions on such systems. The goal date for accomplishing the mandates in the legislation is December 1, 2022, so nothing will happen immediately. But to be forewarned is to be forearmed, so the diligent manager will keep an eye out for this important new development. ABOUT THE AUTHORS James A. Judge, Esq., of The Judge Law Firm in Irvine. His focus is homeowner associations and collecting debt; bankruptcy. He has worked in the industry for 27 years.

David Mangikian, Esq., also of The Judge Law Firm, focuses on HOA collections/litigation. He has served at the firm for two years.


Tips for Managing Vacation and Short-Term Rentals BY MARK ALLEN WILSON, ESQ. & MARK G. GUITHUES, ESQ. – COMMUNITY LEGAL ADVISORS

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eekend and shortterm rentals can pose immense challenges for community associations. For managers and their boards, higher maintenance costs and upkeep of the common areas abound due to short-term renters’ intense use of amenities, like barbecue areas, pools, lakes, and fitness and community centers. For communities in desirable vacation locales, short-term renters may dominate the common areas with increased vehicles and parking demands, more water toys, and boisterous behavior. Short-terms renters are often on vacation and out to have fun, which doesn’t make it any easier on managers faced with the havoc of increased security issues, enforcement problems, higher supervision, and increased administrative costs. Here are some tools and ideas that can help.

Create a Fee Menu to Cover Costs Managers can document expenses related to short-term renters and advise their boards to adopt a fee schedule and levy reasonable fees on owners who rent short-term. A recent short-term rental case held that courts should defer to associations’ boards on decisions related to maintenance and management of the common areas. Watts v. Oak Shores Community Assn. (2015) 235 Cal.App.4th 466. Boards can adopt and

impose mandatory daily or weekly fees on short-term renters (i.e. boat/watercraft fees or trash collection fees, etc.) to offset increased common area maintenance costs. Managers can also guide their boards to impose a reasonable annual fee on absentee owners renting shortterm (e.g. in Watts, a $325 annual fee was imposed). The adopted annual fee should be based on findings supporting the need to offset increased short-term rental costs, like increased security, landscaping, damage to common areas, cleaning, etc. (i.e. the association in Watts investigated and discovered $900 in increased costs per short-term renter per year). Because Civil Code § 5600(b) prohibits associations from charging a fee in excess of their costs, all fees should be backed by supporting data. Helpfully, the Watts case held that a reasonable, good faith estimate will suffice where precise figures are impractical. If the annual fee is challenged in court, the burden is on the owner to prove the challenged fee is unreasonable.

Adopt Reasonable Restrictions Managers can guide boards to create effective rules and regulations (“Rules”) to restrict vacation and shortterm rentals. California courts allow reasonable rules restricting short-term rentals, and managers can guide

boards to create and adopt Rules imposing minimum seven-day rental terms to combat the turnover headaches caused by weekend rentals. Managers can assure their boards that adopting a rule restricting rental terms to no less than 30 days, without amending the CC&Rs, has been held by courts to be reasonable (see Mission Shores v. Pheil (2008) 166 Cal.App.4th 789). Boards may also create and adopt Rules limiting the number of automobiles, boats or other vehicles to offset heavy parking needs of shortterm renters. Remember, Rules must be based on provisions in the CC&Rs, and common CC&R provisions that support short-term rental restrictions in Rules include nuisance provisions, prohibitions on hotel-like operations and business or commercial use, and those limiting units to residential-use only.

Managers should also have legal counsel review their city’s municipal code for a “transient or hotel-use” tax provision (e.g. Oceanside Municipal Code has a transient/hotel-use tax – Municipal Code § 34.14 – that is commonly levied on owners of short-term rentals). An owner’s payment of the transient-use tax can be used to restrict short-term rentals by establishing “commercial use” of a unit in violation of the CC&Rs. Managers can then issue violations and fines on owners based on their association’s Rules and violations/fines schedule.

But Wait …There’s More! If an adopted Rule restricting short-term rentals is challenged in court, the association has the burden to prove the Rule is reasonable. Managers can combat this by advising boards to amend the CC&Rs to provide stronger and Continued on page 8

www.cacm.org | The Law Journal 7


Music & Movie Nights Continued from page 5

During the event, rules must be enforced. Consider enlisting the help of SUMMER EVENT security guards to patrol the event. Gate best practices (e.g., wristbands affixed by CHECKLIST check attendants ensure only residents association personnel upon display of valid and their guests are permitted entry and • Keep your event private. driver’s license proving the person is 21or persons do not bring contraband items, older, procedures to cut off anyone who • Obtain a license for movie or music such as outside alcohol. appears to be overserved, serving only beer night or consult your legal counsel. After the event, discipline may be and wine, use of two free drink tickets per imposed against members whose • Manage expectations by providing person upon registration, etc.). notice of rules and/or adopting new residents or guests violate duly Ensuring everyone has a good time rules. promulgated rules or cause damage to requires managing expectations. Residents the common area. Depending on the and their guests should know what to • If alcohol is served, association’s governing documents, consider hiring a expect at the event, and conduct during a third party discipline may include levying monetary community event in the common area can vendor. penalties (if the board has adopted a fine and should be regulated via rules and schedule per Civil Code Section 5850) regulations. • Consider hiring and/or suspension of membership security and/or Appropriate topics for rules include gate check privileges (e.g., use of common area prohibiting outside alcohol, smoking attendants. facilities, voting rights, etc.). (tobacco and marijuana) and pets. Of Before any fine or reimbursement course, service animals are not considered • Consult your assessment may be imposed, and before insurance agent. pets and should not be banned from membership rights may be suspended, community events, provided the service the member must be provided notice animal is a reasonable accommodation to and an opportunity to be heard before the board as required by afford a person with a disability the equal opportunity to enjoy the Civil Code § 5855. event. Last, but certainly not least, the association’s insurance carrier Rules should also address whether dancing will be permitted must be consulted to confirm that the event and potential accidents and, if so, where dancing is allowed. Boards should also consider will be covered by the association’s commercial general liability addressing quiet hours in the rules; specifically, event attendees policy. should be required to leave by the start of quiet hours to avoid nuisance complaints. Notice of the association’s existing rules should be provided along with notice of the event. In addition, consider posting signage at the event to emphasize pertinent rules. If such rules are not already in place, the board should consider adopting rules in anticipation of the event. The board must formally adopt such rules following the 28-day member comment procedures described in Civil Code §§ 4340 et seq.

Tips for Managing Vacation & Short Term Rentals Continued from page 7

more effective short-term rental restrictions, even prohibitions on shortterm rentals. One caveat is that owners who acquired title prior to an amended CC&R provision that prohibits rentals in a community association are not subject to the provision (Civil Code § 4740). Effective CC&R provisions include restricting rental terms (i.e. no less than 6 months, etc.) and owner-occupied unit requirements (i.e. must be more than 55% owner-occupied, etc.). CC&Rs amendments are more expensive, difficult, and time-consuming to enact versus adopting a Rule, yet the enormous benefits to managing short-term 8  The Law Journal | www.cacm.org

ABOUT THE AUTHOR Brittany Ketchum. Esq., is an attorney at Beaumont Tashjian in Laguna Hills. She has been providing general legal counsel services to community associations for the past eight years.

rentals within community associations well outweigh any negatives. Also, HOA’s in “Coastal Zones” are subject to the Coastal Commission. Community managers with associations in coastal cities should first check with counsel before attempting to limit shortterm rentals, as several recent cases prohibit community associations in designated “coastal zones” from regulating and limiting short term rentals. (See Greenfield v. Mandalay Shores Community Association (2018) 230 Cal.3d 827; and Johnston v. City of Hermosa Beach, [Unpublished] (2018) B278424)

ABOUT THE AUTHORS Mark Allen Wilson, Esq. is an attorney with the law firm Community Legal Advisors, Inc. Mr. Wilson has been serving as general counsel to common interest developments for one year, in addition to practicing as a civil litigator in real property law matters since 2011. Mark G. Guithues, Esq. is an attorney and founding partner with the law firm Community Legal Advisors, Inc., with offices in Orange County and Oceanside. Mr. Guithues has been serving as general counsel to common interest developments for 25 years.


2019

LEGAL

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Steven J. Tinnelly, Esq.

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Community Legal Advisors Inc. GENERAL COUNSEL & ASSESSMENT COLLECTIONS

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Janet L.S. Powers, Esq., Peter E. Racobs, Esq. & “Gen” Wangler, Esq.

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Guralnick & Gilliland, LLP ASSOCIATION LAW, ASSESSMENT COLLECTIONS, GENERAL COUNSEL

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Hickey & Associates, P.C. 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

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 www.cacm.org | The Law Journal 9


2019

LEGAL

DIRECTORY

The Judge Law Firm, ALC

Law Offices of Ann Rankin

COMMUNITY ASSOCIATION LAW, GENERAL COUNSEL, COLLECTIONS

COMMUNITY ASSOCIATION LAW & CONSTRUCTION DEFECT LITIGATION

James A. Judge, Esq.

Ann Rankin, Esq. & Hanh T. Pham, 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

Prompt, affordable service to common interest communities for 32 years 3911 Harrison St., Oakland, CA 94611-4536 (510) 653-8886 • Fax (510) 653-8889 arankin@annrankin.com • www.annrankin.com

Kriger Law Firm

Richardson│Ober

COMMUNITY ASSOCIATION LAW, GENERAL COUNSEL

COMMUNITY ASSOCIATION LAW, ASSESSMENT COLLECTIONS

Joel M. Kriger, Esq.

Kelly G. Richardson, Esq. and Matt D. Ober, Esq.

8220 University Ave., Ste. 100, La Mesa, CA 91942 (619) 589-8800 • Fax (619) 589-2680 jwilcox@krigerlawfirm.com • www.krigerlawfirm.com

Pasadena | Costa Mesa | Riverside 234 E. Colorado Blvd., Suite 800, Pasadena, CA 91101-2208 (877) 446-2529 • Fax (626) 449-5572 kelly@richardsonober.com • www.richardsonober.com

Loewenthal, Hillshafer & Carter, LLP COMMUNITY ASSOCIATION LAW, CONSTRUCTION DEFECT & GENERAL COUNSEL

Riley Pasek Canty, LLP

David A. Loewenthal, Robert D. Hillshafer & Kevin P. Carter

CONSTRUCTION DEFECT LITIGATION

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

Richard Riley, Melissa Pasek & Kevin Canty

Massie-Berman, APC

Servicing All of California 780 San Ramon Valley Blvd., Danville, CA 94526 (844) 775-5000 • Fax (925) 718-8144 rriley@rileypasek.com • www.rileypasek.com

FULL SERVICE COMMUNITY ASSOCIATION LAW

Russell & Mallett, LLP

Jonathan D. Massie, Esq. & Andrew E. Berman, Esq.

COMMUNITY ASSOCIATION LAW & CONSTRUCTION DEFECT LITIGATION

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

Larry F. Russell, Esq. & G. Kevin Mallett, Esq.

Myers, Widders, Gibson, Jones & Feingold, LLP

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

COMMUNITY ASSOCIATION LAW, CONSTRUCTION DEFECT LITIGATION, GENERAL COUNSEL

SwedelsonGottlieb

Kelton Lee Gibson

COMMUNITY ASSOCIATION LAW, CONSTRUCTION DEFECT, ASSESSMENT COLLECTION

Ventura, Valencia, & Mammoth Lakes 5425 Everglades Street, Ventura, CA 93003 (805) 644-7188 • Fax (805) 644-7390 kgibson@mwgjlaw.com • www.mwgjlaw.com

David C. Swedelson, Esq. & Sandra L. Gottlieb, Esq., CCAL

Nordberg│DeNichilo, LLP COMMUNITY ASSOCIATION LAW, GENERAL COUNSEL

Robert M. DeNichilo

Expertise & Professionalism When Your Association Needs It Most 4000 Barranca Pkwy., Ste. 250, Irvine, CA 92604 (949) 654-1510 robert@ndhoalaw.com • www.ndhoalaw.com

Ragghianti Freitas LLP COMMUNITY ASSOCIATION LAW, CONSTRUCTION DEFECTS & MEDIATION

David F. Feingold, Esq. & Matthew A. Haulk, Esq.

Serving Bay Area Communities since 1986 1101 Fifth Ave., Ste. 100, San Rafael, CA 94901-3246 (415) 453-9433 • Fax (415) 453-8269 dfeingold@rflawllp.com • www.rflawllp.com

10  The Law Journal | www.cacm.org

Los Angeles | Orange County | Ventura | San Diego | San Francisco 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


2019

Whitney | Petchul GENERAL COUNSEL, LITIGATION, CC&R ENFORCEMENT & CONTRACT LAW

Fred Whitney, Esq. & Dirk Petchul, Esq.

Gathering More Than A Century of Association Expertise 22342-A Ave.Empresa, Ste. 100, Rancho Santa Margarita, CA 92688 (949) 766-4700 fredwhitney@WhitneyPetchul.com • www.WhitneyPetchul.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) 479-1422 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, Ste. 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 Miller Law Firm

LEGAL

DIRECTORY

Election Administration The Inspectors of Election ELECTION ADMINISTRATION

Kurtis Peterson

2794 Loker Ave. W, Suite 104, Carlsbad, CA 92010 (888) 211-5332 info@theinspectorsofelection.com • www.theinspectorsofelection.com

Reserve Study Firms Association Reserves RESERVE STUDY FIRM

Carol Serrano

Reserve Studies for Community Associations 5000 N. Parkway Calabasas, Ste. 308, Calabasas, CA 91302 (800) 733-1365 • Fax (800) 733-1581 cserrano@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

SCT Reserve Consultants RESERVE STUDIES

Mike Graves, RS

California Civil Code Compliant Reserve Studies PO Box 890129, Temecula, CA 92589 (951) 296-3520 • Fax (951) 296-5038 mike.g@sctreserve.com • www.sctreserve.com

SB 800 AND CONSTRUCTION DEFECT CLAIMS

Thomas E. Miller, Rachel M. Miller & Matthew T. Miller

Serving Homeowner Associations Statewide for Over 40 Years San Francisco • San Jose • Oakland • LA • Newport Beach • San Diego (800) 403-3332 rachel@constructiondefects.com • www.constructiondefects.com

The Naumann Law Firm, PC 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

Riley Pasek Canty, LLP CONSTRUCTION DEFECT LITIGATION

Richard Riley, Melissa Pasek & Kevin Canty

Servicing All of California 780 San Ramon Valley Boulevard, Danville, CA 94526 (844) 775-5000 • Fax (925) 718-8144 rriley@rileypasek.com • www.rileypasek.com

Vendor Compliance Association Services Network VENDOR COMPLIANCE

David Jeranko

Collect – Vet – Asset Protect 24000 Alicia Pkwy., Ste. 17-442, Mission Viejo, CA 92691 (949) 300-3702 davidj@asn4hoa.com • www.asn4hoa.com

Save the Date! October 28, 2019 Oak Creek Golf Club Irvine, CA More details coming soon!

www.cacm.org | The Law Journal 11


PRESORTED STANDARD U.S. POSTAGE

PAID

SANTA ANA, CA PERMIT NO. 92

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

Law Journal Summer 2019

Preparation for HOA Summer Activities

CACM Fall Regional Forums Let’s face it. Being in the people business has its challenges. You must remain calm and professional under pressure in all encounters whether they be in person, via phone or online. From successfully handling the needs of yellers and screamers to online bullies, these personalities sometimes require super human strength.

JUST ANNOUNCED: MCAMs, CCAMs & CAFMs Earn 3 CEUs!*

HIGHLY RECOMMENDED FOR MANAGEMENT COMPANY TEAMS!

Join CACM, our facilitators and industry colleagues who share similar challenges for this interactive and empowering forum. Come away with actionable steps that can help you navigate problematic encounters and soar! *If you are seeking CEUs, remember to complete the post-event survey.

STRONG & FEARLESS! Soaring Above Problematic Encounters

Register today at www.cacm.org October 15

Sacramento Breakfast Marriott Rancho Cordova

October 17

South Bay Luncheon San Jose Country Club

October 16

East Bay Luncheon Hilton Concord

October 22

Los Angeles Breakfast Luskin Conference Center

October 23

Pomona Luncheon Mountain Meadows Golf Course

October 24

Bakersfield Luncheon Stockdale Country Club

October 29

San Francisco To Be Announced

October 31

Orange County Luncheon Avenue of the Arts

October 30

San Diego Luncheon Hilton Mission Valley

November 13 Coachella Valley Breakfast Classic Club Golf Dates and locations subject to change.


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