WINTER 2013 THE VOICE OF CALIFORNIA COMMUNITY MANAGERS
EMERGING TRENDS Dawn of a New Era
Mandating Policy Governance
New Development Builds Model into Governing Docs
Multi-Tasking with Solar
Case Study on Functional, Cost-Saving Solution
Buckle Up
EV Charging Stations Are Here – And It’s Complicated
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EDUCATION & Certification
CALIFORNIA Focus
PROFESSIONAL Networking
BEGUN. A NEW ERA HAS Are you ready?
CAREER Resources
. g Ma nag ers Em pow erin mm uni ties . Enr ich ing Co
Special Center Insert
WINTER 2O13
F e at u r e s
8 Where No Developer Has Gone Before Why a new master-planned community is mandating Policy Governance
By Vicki MacHale, CCAM
14 New Communities Introduce Innovative Concepts
By Susan Sharp, CCAM
18 Multi-Tasking with Solar How one Northern California community got creative with its solar project
By Ken Kosloff
22 Landscape Trends: Considerations, Measurements & ROI
By Matt Davenport and Lori Storm, CCAM
38 Is California Ready for Electronic Elections?
By Sascha Macias
44 Buckle Up: EV Charging Stations Have Arrived The ups and downs of plugging this new legislation into a real-life association
By Dean Jackson, CCAM
50 Is Your Association’s Nonprofit Status At Risk? Increasing income streams and the possible effect on your IRS status
By Lea Countryman
54 Evolution of the Industry
Vision Winter 2013 | www.cacm.org
Professional Standards Committee (PSC) Report
42
Suspended CCAM Roster
43
New Manager & Management Firm Council Members
48
Member News
53
Our Volunteers Are the Best!
58
Thank You to Our Sponsors
By Dean Jackson, CCAM D E PART M ENTS
7
President’s Message
13
From the Roundtable
32 Meet the Board
26
Spotlight on Education
35 New Compensation & Benefits Study in the Works
30
In the Boardroom: Board Leader Tips for Big Picture & End Results
56
Winter Calendar
59
Advertiser Index
news bits
12 New Affiliate Members 28 Congratulations Managers
36 Legislative Trends
4
40
By Karen D. Conlon, CCAM
A Message from the Board
Teresa Powell
We’re a Team of Responsive and Experienced HOA Banking Professionals.
Executive Vice President teresa.powell@focusbusinessbank.com 408.200.8712.
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Service • Payment Solutions • People Revenue Generation • Local Remittance
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Vision
THE VOICE OF CALIFORNIA COMMUNITY MANAGERS
Winter 2013 • vol. 22, no. 4
Effective General Counsel
Successful Assessment Collection • • • •
• ADA & DEFH Compliance • Amendments to CC&Rs & Bylaws • Architectural Matters • Contracts & Insurance • Elections & Recalls • Employment Law • Legal Opinions
Timely Status Reports Responsive Paralegals Collectibility Analysis Judicial or Non-Judicial Foreclosures • Money Judgment Lawsuits • Small Claims Assistance • Post Judgment Recovery
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President & CEO | Karen D. Conlon, CCAM
Vice President | Vicki Hite, CAE, CCAM
Managing Editor | Brenda K. Teter
Assistant Editor | Emily Stegman Advertising | Tabitha Rommens
Editorial Advisory Committee Matt Davenport Monarch Environmental, Inc.
Vicki MacHale, CCAM ARK Management
Bobbie Gaffney, CCAM, PCAM The Gaffney Group, Inc.
Sascha Macias FirstService Residential California, LLC
Patty Garcia, CCAM, PCAM MCM, LLC
Clint McClure, CCAM McClure Management, Inc.
Tara Graviss, CCAM Walters Management, ACMF
Susan Sharp, CCAM J.D. Richardson Company
Dean Jackson, CCAM Pacific Park Plaza HOA
Lori Storm, CCAM FirstService Residential California, LLC
Kay Ladner, CCAM Desert Horizons OA
Vision magazine is published by CACM four times annually to members, affiliates and supporters of the California Association of Community Managers. Magazine content ©2013 CACM. All rights reserved. No part of this publication may be reproduced without written permission from CACM.
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Opinions expressed by authors do not necessarily reflect the policies of CACM. Mention of any product does not constitute an endorsement by CACM. CACM assumes no responsibility for return of photos or art and reserves the right to reject any editorial or advertising materials. CACM does not assume responsibility for the accuracy of articles, events or announcements listed. Please address comments and suggestions to: California Association of Community Managers, Inc. 23461 South Pointe Drive, Ste. 200, Laguna Hills, CA 92653 949.916.2226 • Fax 949.916.5557 • bteter@cacm.org Attn: Brenda K. Teter About CACM Founded in 1991, the California Association of Community Managers, Inc.SM (CACM), is the only organization in California whose membership is comprised entirely of community association managers and association practitioners. CACM empowers a network of community management professionals working in large scale, portfolio, resort and high rise homeowners associations to share and apply California’s most effective community management practices. CACM is the leading resource for California-specific education, events, activities, products, services and networking opportunities to help managers and management companies achieve excellence in the industry. Learn more at www.cacm.org, or email info@cacm.org. Do we know where you are? Attention CACM members: Have you changed jobs or moved to a new location? Go to www.cacm.org and update your profile so you don’t miss your next Vision magazine or any other important CACM communications.
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Vision Winter 2013 | www.cacm.org
Our Future Looks Bright
O
ur annual Emerging Trends issue of Vision magazine is always a favorite of mine: It allows us to reexamine how far the CID industry has come and highlights how essential community managers are to its continued evolution and success. This year is especially exciting. The industry is coming out of a slump of sorts, with new subdivision developments on the rise again and associations and management companies looking to hire full-time professionals (in fact, we’ve seen many exciting job postings over the past few months in our online Career Network). This recent upsurge in industry growth reaffirms that community managers are an integral aspect of sustaining associations now and in the future. Your California-specific training, education, and expertise are key to keeping this industry on an upward climb that will differentiate you from other industry practitioners. In addition, with the development of innovative new products in landscaping, solar energy, election software and other fields, the opportunities to manage smarter and more efficiently are multiplying. For you to be at the forefront of these trends, CACM is your number one resource for California community management education and developments. Our new look reinforces this commitment to supporting your success (read more about our new brand identity in this issue's special insert). After nearly a quarter century of providing career advancements and professional support for community managers, CACM remains committed to supplying you with even more opportunities to demonstrate your value to associations. How are we going to accomplish this? By positioning CACM, your go-to community manager organization, to identify career advancement opportunities, visibility and professional growth (see pgs. 26-27 for information on our new developer course set for release in 2014). Today, career success is about driving your value message around your California training and expertise to a targeted audience looking for specific skills and a track record. CACM is positioned to be your educator, your resource and your champion for the winning opportunities that lie ahead in your future.
Karen D. Conlon, CCAM President & CEO
www.cacm.org | Vision Winter 2013
7
EMERGING
TRENDS
ocated just east of San Juan Capistrano, in unincorporated South Orange County, is the historic 23,000-acre Rancho Mission Viejo – currently home to the region’s last cattle ranch, acres of agricultural fields and forever protected open spaces. It also includes the very first village of what will eventually become one of the largest master-planned communities in the nation. Over the coming years, the new ranch community of Rancho Mission Viejo is envisioned to take shape on about 6,000 acres of the same ranchlands held by the O’Neill-Avery-Moiso family since 1882. A total of 14,000 homes (with up to 6,000 for folks age 55-plus) are planned, as well as sites for new schools, parks and recreational facilities; up to 5 million square feet of commercial uses; and a network of hiking/ biking trails. The remaining 17,000 acres of the family ranch will be combined with additional adjacent open space to form the 21,000-acre Reserve at Rancho Mission Viejo, a protected open space and habitat conservation area. In late June 2013, the new community of Rancho Mission Viejo was transformed from vision to reality with the successful grand opening of its multi-generational village of Sendero. Encompassing nearly 690 acres, Sendero offers 11 different residential neighborhoods crafted by eight different homebuilders, including four neighborhoods of primarily single story 55-plus homes. Now that escrows have begun to close and residents are preparing to move in, the community developer, Rancho Mission Viejo LLC (The Ranch), recently unveiled its new model for community governance, which goes beyond the perimeters of infrastructure and community lifestyle within a Master Maintenance Corporation (MMC). To our knowledge, The Ranch is the first developer to incorporate Policy Governance® as a way of doing business, and this is the first common interest development within the state (and perhaps the nation) to have this style of governance mandated within the documents.
Why a new master-planned community is mandating Policy Governance By Vicki MacHale, CCAM
Making Policy Governance a Priority After attending a new Policy Governance (PG) course developed by CACM and taught by PG guru Bill Charney, The Ranch’s Community Services Director Amaya Genaro, CCAM, was impressed. Genaro incorporated the concept and even recognized additional potential Continued on page 10
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Vision Winter 2013 | www.cacm.org
What Is Policy Governance? Policy Governance provides boards with a framework for success as visionary leaders. The principles, developed by John Carver for nonprofit organizations, guide decisionmaking through four categories of policy: Ends The organizational products and outcomes. These policies succinctly state the “bottom line” for which an organization exists: What results? For whom? At what worth? At what priority? Management Limitations Define the boundaries of latitude and authority the board vests in the CEO and staff. While Policy Governance does not dictate what the degree of delegation is to be, it enables boards to articulate with absolute clarity the CEO’s decision-making authority. As a result, CEOs have clarity about their empowerment, with no confusion as to whether a particular decision is to be made by board or staff. Governance Process The board defines its own tasks and how they will be carried out. All of the collective and individual expectations of directors, officers and board committees are clarified. Board-Management Delegation Prescribes how authority is delegated, and how its proper use is monitored. New to Policy Governance? CACM offers both an introductory and advanced course to help you learn how to implement Policy Governance in your association(s): BDA300 Fundamentals of Effective Governance and BDA500 Effective Governance Principles for Community Associations (prerequisites apply). Learn more at www.cacm.org.
www.cacm.org | Vision Winter 2013
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Where No Developer Has Gone Before Continued from page 9
in moving HOA boards away from a (micro) management structure and into a governance structure. Todd Beebe, CCAM, the former Executive Director for the 4,000-acre community of Ladera Ranch and recently appointed General Manager for Rancho Mission Viejo also attended CACM’s class on PG, and he was instrumental in bringing the concept to Ladera Ranch. With Genaro and Beebe at the helm of the new Rancho Mission Viejo MMC, The Ranch team soon learned about the PG model and was introduced to Charney, who shared how the HOA could flourish under a PG style of leadership. By incorporating the PG model during the development process, Charney says it establishes a set standard and culture for all future boards. The Ranch team embraced the new direction and is holding itself accountable to this form of governance as developer board members. In order to ensure the success of a PG governance structure at Rancho Mission Viejo, The Ranch team knew it 10
Vision Winter 2013 | www.cacm.org
By incorporating the PG model during the development process, it establishes a set standard and culture for all future boards.
was essential to build it into the governing documents. The Ranch management team, its community development team and even its attorneys have been entrenched in creating the governing documents while taking classes themselves to fully understand and incorporate PG into the development. While the governing documents in many ways resemble more traditional versions, the bylaws are where the biggest differences surface; for example: Bylaws 4.3: Board Power to Adopt and Amend Policy Manual The Board has the power to adopt and amend the Policy Manual. The Policy Manual is intended to include governing policies that set forth the Board’s performance expectations for itself, for the Community Manager, and others involved with Rancho MMC governance. The Policy Manual will generally define Rancho MMC governance polices in connection with the following: • Organizational Ends Priorities – strategic priorities that define the results Rancho MMC is to provide for the membership, and thus guide the Directors, officers and management in operational decisions. • Management Parameters – boundaries of decision-making within which the Community Manager is authorized to act between Board meetings. • Board Process – additional standards for the Board’s performance and conduct of its own work, including expectations for Directors and officers. • Board/Management Delegation – how authority is delegated by the Board to the Community Manager, and its use monitored and evaluated.
The Policy Manual includes the mission statement of the community: “Preservation and Enhancement of Rancho Mission Viejo as a Premier Intergenerational Master-Planned Community with results maximizing value for residents.” All end statements and other policies are built around the mission of the corporation. The documents are a “living document” that can be amended as necessary to further define ends, limitations, delegation and process and are intended to evolve as the community grows and its needs and desires are better defined.
are confident that ongoing education for homeowners, board members and staff will be instrumental in successfully implementing a PG model. The fact that members are coming into a community that is already structured under PG should also help make for a smooth transition. From the outside looking in, bringing this concept to life will serve as an example for existing and future developments to watch and emulate. This governance approach will undoubtedly place the new community of Rancho Mission Viejo under a high level of scrutiny not only from the membership, but community association management professionals and forward thinking board members throughout the country … No pressure guys! Good luck, and keep us updated.
Goals and Challenges for the Road Ahead
Article contributions were also made by Kay Ladner, CCAM, Onsite Manager with Desert Resort Management in Palm Desert.
Vicki MacHale, CCAM, is the Executive Director of ARK Management, a subsidiary of Stos Robinson Companies, in Cardiff by the Sea.
While Charney consults with a number of industries, he feels the PG model is a great fit for the common interest development (CID) industry because the emphasis is The PG model is on good governance – not a great fit for the inserting personal positions into day-to-day operations. common interest As a lead consultant with development Rancho Mission Viejo, he industry because is committed to helping the emphasis the association define the is on good authority and accountability of both board and staff governance. and says there are three characteristics of effective delegation: 1. Clarity of expectations 2. Clarity of who is assigned what tasks (delegation should include responsibility and commensurate authority) 3. Verification that the expectations were met, as assigned The goal of this process is to inspire professionals to provide excellent client services, make their boards happy, and to have a clear understanding of their role. Genaro and Beebe believe the biggest challenge will be educating and assimilating homeowner board members who may be more comfortable with the usual approach to governance. However, The Ranch and Beebe
www.cacm.org | Vision Winter 2013
11
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Niki Ghofranian Insurance Agency Dublin | (925) 828-9555 www.ilovemyfarmersagent.com
CBCI Construction, Inc. Irvine | (877) 471-2224 www.cbciconstruction.com
Pacific Landscapes, Inc. Sebastopol | (707) 829-8064 www.pacificlandscapes.com
Cedar Construction Management, LLC Pacifica | (650) 576-4248 www.cedarcm.com
Rain Master Control Systems Riverside | (951) 785-3573 www.rainmaster.com
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Vision Winter 2013 | www.cacm.org
Company San Jose | (408) 825-1362 www.gallaherco.com HF Services Cameron Park | (408) 389-4242
RFI Construction Management, Inc. Danville | (925) 478-7999 Silver Oak Landscaping, Inc. Ontario | (909) 357-2800 www.silveroaklandscaping.com SouthWest Landscape, Inc. Santa Ana | (714) 545-1084 www.southwestlandscapeinc.com Tandus | Centiva Santa Ana | (714) 966-3041 www.tandus.com
Insul-Pro Paints Irvine | (949) 480-7890
Western Municipal Water District Riverside | (951) 571-7100 www.wmwd.com
J. Alexander Weatherproofing Inc. Irvine | (949) 613-0912
WICR Waterproofing and Decking Cathedral City | (714) 526-3581 www.wicr.net
McCarthy & Rubright, LLP Red Bluff | (530) 527-0213 www.mccarthyrubright.com
Yorkshire Roofing of Northern California, Inc. Livermore | (925) 606-6700 www.yorkshireroofing.com
Medallion Landscape Management, Inc. Morgan Hill | (408) 782-7500 www.mlmi.com Mr Window Cleaning Lake Elsinore | (877) 679-4636 www.mrwindow.com New Pipes, Inc. San Jose | (408) 269-1969 www.newpipesinc.com
We are all searching for ways to bring more value to our industry, to our clients, to our members and to each other.
T
he Vision Editorial Advisory Committee and CACM staff work hard to bring forth articles that are timely, topical and pertinent. This edition of the magazine focuses on Emerging Trends – both in the communities we manage and in our industry. These articles bring fresh ideas, helpful tips and insights into our potential future. Over the past few months, you have received numerous updates and information on CACM’s new branding and look – a design that strategically reflects the CACM of today and tomorrow. For the past 23 years, CACM’s logo portrayed stability, professionalism and the values of honesty, integrity and dependability – all attributes that remain vital today. The new logo maintains and reinforces those attributes, while also reflecting a strong commitment to empowering managers and enriching communities. We all recognize there is more to planning for the future of an organization than rebranding and retooling logos and marketing materials. To plan for the future of CACM, the Board of Directors meet each year in late September or early October for an in-depth Strategic Visioning session. A key component
to any strategic planning session is an understanding of those issues and trends that affect the members of the entire organization. Issues and trends impacting our industry include commoditization, increased legislative regulations, higher client expectations, the growing diversity in economic and cultural backgrounds of our clients and members, as well as an unpredictable housing market. Simply put, we are all searching for ways to bring more value to our industry, to our clients, to our members and to each other. For the 2013 Strategic Visioning, the Board will focus on the future vision for CACM: How do we best connect members (you) to CACM? How do we increasingly strengthen the value of your membership? And, for our affiliates – what else should our organization provide to these key members? What can we, as individual board members, contribute to the greater good of CACM? What kind of Board will be necessary to lead CACM into the future? How do we locate, mentor and encourage future board members? We are challenged to bring answers to these questions and others through the remainder of this year. As answers and plans are finalized, we will continue to share our direction with you. And, of course, any suggestions are welcomed and may be sent to us via the CACM Staff. On behalf of the CACM Board, Melinda Young, CCAM, PCAM Board Chair www.cacm.org | Vision Winter 2013
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EMERGING
TRENDS
By Susan Sharp, CCAM
ow that the housing market is starting to move again and new developments are slowly coming back, let’s take a sneak peek at what the building industry was doing during their downtime. While the developers were tucked away in their construction trailers weathering the housing market storm of the economy, they came up with some great new concepts for communities that will be both challenging and exciting to manage. Of course we will have our share of growing pains with some of these new innovative community concepts, but that’s why we manage – because every day is a new adventure! There are so many great things coming our way in the future with the development of communities, along with some challenges we will be enduring. Of course not all of the cool gizmos, gadgets and high tech doodads will be a part of the common area, but they are still great features worth mentioning. With all of the diverse climates and lifestyles our state has to offer, not all components will be seen in each region. However, here are just a few of the items we can expect to see.
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Smart Houses
Flex Spaces Flex spaces are walls that open up to create larger spaces when needed. Glass bi-fold doors and windows can open up the interior and, in some cases, open directly to the outdoors, which creates larger living areas among easily accessible outdoor kitchens and living spaces. Governing documents are already preparing for this new living concept by making provisions for offensive cooking odors and smoke, along with restricting the use of the outdoor living spaces when opened. Hopefully we will get to see these cool flex spaces in our recreation centers as well.
Smart houses are homes that will be pre-wired for integrating mechanical controls for items such as climate and security. We will be able to adjust the climate of our homes remotely, as well as log in and check security cameras while away. Not to mention remotely locking or unlocking the doors! This system can be controlled and accessed via your laptop, smartphone or tablet. No more operating manuals the size of a dictionary and printed in 4-point type to program our thermostats or fumbling for a house key in the dark. Hopefully these innovations will be hitting our common area buildings soon. What would that mean to us? No more driving out to check the club house; we can access it remotely, saving time and energy. Continued on page 16
Tankless Water Heaters Some of us are already seeing tankless water heaters in newer developments, but be prepared to see them in our common areas. Eventually those big tank water heaters will be as obsolete as knob and tube wiring.
Solar Energy Solar panels are getting a makeover, too. No more giant, unsightly boxes or coils on the roofs. The panels are being camouflaged into the roofing material. In addition to being slimmer and flowing with the roof line, the new version of solar panels will be less obtrusive and more aesthetically pleasing to the eye. Some solar panels are also serving a dual purpose, such as being incorporated into a patio cover at the common area pool while simultaneously providing energy to heat said pool (read more about this trend on pg. 18).
LED Lighting This provides us with more directional lighting, a longer lighting life span and better energy efficiency.
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Innovative Concepts Continued from page 15
Electric Vehicles (EV) Be prepared for charging stations because electric vehicles are here to stay! EV charging stations are primarily being incorporated into associations in more densely populated areas, such as San Francisco, Los Angeles and San Diego, but they are also trickling into the less densely populated areas as these vehicles become more mainstream. There’s interesting talk among the legal beagles on how this will be incorporated into our governing documents, monitored and controlled (learn more about the issues surrounding EV charging stations on pg. 44). I’m pretty sure we are going to have some growing pains with this one, so it will be interesting to see how it plays out.
Indoor Amenities Clubhouses are being designed to embody more of a coffee house experience than the traditional fitness club atmosphere. Theater rooms for rent, multimedia rooms for student study groups and gourmet kitchens intended for cooking classes or social gatherings are some of the amenities we can look forward to. So get your fingers warmed up – we have a lot of rules to write! As staying connected becomes a bigger part of our daily lives, expect Wi-Fi to be automatically integrated into everything.
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Outdoor Amenities Communities will be going to the dogs with fewer tot lots and more pet parks. Rumor has it that some will even contain dog washing stations, so be prepared to add poop patrol and flea control to your budgets. In addition, more hiking/walking and equestrian trails are being incorporated into the larger single family developments. Gone are the days of over watering, ice plant and bushes trimmed meticulously into geometric shapes. Landscaping is going back to nature with more native and drought tolerant plant material, underground drip watering and fewer fields of fescue. Most of us remember the scramble to implement the smart irrigation systems. Well, the developers are starting to install the mother of all systems: satellite controlled irrigation. The irrigation will be monitored via satellite transmission to a computer. Rather than calling the irrigation tech out at 2:00 am to fix the break (let’s face it, breaks never happen during normal operating hours), the system will identify where the break is and shut that section of irrigation down. Monday morning your irrigation tech will receive his report and know what parts to take and the exact location of the needed repair. Don’t forget to budget for the monitoring of this system and reserve for system upgrades. Looks like the developers are barking up the right trees with our great outdoors.
Governing Documents
New Developments on the Rise When a developer decides to build a new subdivision, there are an exorbitant amount of regulations to comply with. In most local municipalities, developers are required to include a common interest development (CID) type of subdivision and create the HOA to manage the CID. For the past several years, the community management industry has seen little growth in new communities due to the lackluster economy in the U.S. and in California. However, we’re starting to see a shift and have observed that new communities are coming online. When the developer applies to obtain required disclosure documents with the Bureau of Real Estate (BRE) – formally known as the Department of Real Estate (DRE) – the “filings” identify the county and number of units in the project phase, among other things. For example, they do not represent the number of new communities, but represent multiple phases for one community. The number of filings with the BRE over the past five years indicate that new communities are steadily rising.
Thanks to our building industry for being creative and taking advantage of our practically perfect weather and panoramic views. With their innovative ideas and the implementation of all these cool gadgets, gizmos and high tech devices, it appears the future will be very bright – in an energy efficient way, of course. Smart living is the future for California, giving us back our free time to enjoy. Just another reason why we are called the Golden State! Susan Sharp, CCAM, is the New Development Coordinator/Management Consultant for J.D. Richardson Company in San Diego.
new california communities
(As of August)
Governing documents are seeing changes, too; developers are retaining control of the board longer and inserting precautions. This will ensure their control of the community for longer periods. They are also referencing more Civil Codes rather than spelling out the restrictions. This is allowing the membership more flexibility in developing rules and regulations that can easily be amended to grow and change with the community. Quorum requirements are decreasing, and documents cannot be amended without the developer’s consent while they still own lots. We will also see more clauses regarding construction defect, along with stipulations regarding litigation against the builder and/or their guests. Landscaping restrictions are popping up in the governing documents as well, mainly addressing invasive plant materials.
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EMERGING
TRENDS
Before Construction
Multi-Tasking w
How one Northern California community got creative with its
The 11-year-old Dublin Ranch Golf Course (DRGC) HOA in Dublin, CA, was in a quandary. Utility bills for operating the pumps, filters, and adjacent lighting for their 140,000 gallon commercial pool were topping out at roughly $21,600 a year. They needed relief, but not just from the high cost of energy for operating the pool. The large concrete deck surrounding the pool itself offered no shade from the scorching summer temperatures.
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Solution
By Ken Kosloff
I
n October 2010, Common Interest Management Services shared with the DRGC Board its previous HOA solar project successes and then introduced the board to Ricky Chu of Rayco Energy. Based in Hayward, CA, Rayco Energy is an energy consulting and design/build firm that designs and implements solar photovoltaic and thermal solar retrofit projects for community associations statewide. Among the competitive offerings DRGC considered, Rayco proposed a unique idea for addressing both the need for solar and shade by designing a combination solar shade trellis system. DRGC loved the idea, and the process of design acceptance and building the trellis structures began. Smart Board Decision-Making at Work The project took more than two years of planning, and when the Board and the City of Dublin finally accepted it, the remaining piece was to generate a ballot initiative that was finally approved by the owners. Arun Goel, Board President, and fellow DRGC board members not only played an instrumental role in educating homeowners on the merits of the project to earn their votes, but also proved essential to the management of the project from beginning to end. During Construction
with Solar
Right: New 24 watt LED bollards
s solar project
SMA Inverters with Tigo Panel Optimizing System
Among the many equipment related decisions the Board made was the selection of Sharp 250 watt solar PV as their panel of choice, along with SMA Sunnyboy inverters (the inverters change direct current to an alternating current). Each solar panel was custom made with the Tigo Energy Maximizer, which gives owners the ability to monitor how much energy the panels are producing on a yearly basis, and thus if they are keeping up with expectations. Module-to-module monitoring of the panels themselves is important for HOAs because anything in the common area should have minimal maintenance requirements. The ability to identify which panels are not functioning at their highest output levels allows for easy maintenance, and it is also important in gauging the energy performance of each panel in the array over time. DRGC installed more than 100 solar panels on two separate trellis structures. The panels are warrantied for 25 years, and the warranty states that panels are guaranteed to provide a minimum of 80% of their rated power production capacity over a 25-year period and will be replaced if they fall below that threshold. Again, this is why the ability to monitor panel production on a regular basis is so important. In addition, based on the contract provisions, Rayco Energy covers the material and labor warranty for the first 10 years. After year 10, the product warranty is in effect until year 25, and Rayco provides system maintenance for a nominal annual service fee during that timeframe. In addition to the solar array, DRGC also changed out (as part of the project) the ten bollard lights around the pool to new high efficiency 24 watt LED fixtures that provide better lighting and additional energy savings. In order to fund this project, the DRGC Board of Directors was able to pull from funds set aside in their budget (rather than securing a loan) and still maintain HOA dues at a flat level. The Board also decided that, based on their particular situation and upon advice from their CPA, they were better off to purchase the equipment needed rather than lease it. The payback period for an average association installing solar is typically six to eight years. DRGC’s payback period will be 10 years due to the added cost of installing the two steel trellis structures.
The installation
Board members not only played an instrumental role in educating homeowners on the merits of the project to earn their votes, but also proved essential to the management of the project from beginning to end.
Continued on page 20 www.cacm.org | Vision Winter 2013
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Multi-Tasking with Solar Continued from page 19
With nearly $25,000 per year in savings over the long term, DRGC will have additional funds available to potentially remodel the clubhouse or take on other improvement projects in the community without having to raise monthly assessments.
Dublin Ranch Golf Course HOA Solar Shade Trellis Project Team Association Manager: Michael T. Allen, CCAM Common Interest Management, Danville Design/Construction Contractor: Ricky Chu Rayco Energy Inc., Hayward Attorney: Melissa Ward Berding & Weil, Walnut Creek
When all was said and done, the time and energy invested in this project was worth it! On July 27, 2013, the DRGC HOA unveiled its new solar trellis system in a ribbon cutting ceremony that drew 562 single family owners at Dublin Ranch, as well as several city and state officials. The California Assembly even presented DRGC with a Certificate of Recognition to honor the completion of the project. DRGC is projected to save $17,000 per year (approximately 80%) on their PG&E bills, which were historically around $21,600 per year. And this doesn’t include the added yearly increases in utility fees that have been averaging 3% a year. So, with that factored in, the payback period is potentially even shorter. In retrospect, there were many challenges in designing the project. One of the major challenges was to design an appropriate look for a pool deck that had no previous trellis structures that would also be aesthetically acceptable to the owners. The first step was developing a conceptual sketch that was presented at the initial board meeting. After two rounds of revisions, the design was finalized and the project went to bid, with Rayco as the selected contractor. However, before the $170,000 project could begin, other issues needed to be resolved, such as ensuring compliance with additional state requirements, gaining community approval and support, and addressing the engineering challenges of building a steel trellis on an existing concrete pool deck. Even with these challenges, the DRGC Board succeeded in seeing this project through to completion, and now they will save operating budget funds, pay back the initial cost of the project in 10 years or less, and be left with lots of options after that. With approximately $25,000 per year in savings over the long term, DRGC will have additional funds available to potentially remodel the clubhouse or take on other improvement projects in the community without having to raise monthly assessments. Rayco Energy owner Ricky Chu summed it up perfectly when he stated, “This is one of the largest residential combination solar shade projects in the state of California. Dublin Ranch Golf Club should be considered a pioneering leader for communities everywhere.” Ken Kosloff is Principal/Sr. Construction Consultant of Richard Avelar & Associates in Oakland.
Construction Manager: Richard Avelar & Associates, Oakland After Construction
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Vision Winter 2013 | www.cacm.org
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21
EMERGING
TRENDS
L
andscaping is a major component of most associations’ budgets. The cost of water and landscape maintenance continues to rise as more restrictions on water use are being put into place every year. A warming climate and water scarcity are adding pressure to communities to act now and put solutions into place. New technologies and thoughtful planting choices are bringing solutions into the forefront, and associations are taking the leap into landscape redesigns.
Landscape Upgrades Considerations, Measurements & ROI By Matt Davenport & Lori Storm, CCAM
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But as boards edge toward the decision to make a large investment into an upgrade, they must research the return on investment (ROI) for such a change. They will need to be prepared to answer questions owners bring up with confidence, such as: • What is the start up cost of this change? • How long will it take before the savings pay for the investment? • Is this the best solution for our situation? • Should we wait for the price of technology to drop? • What is the penalty for waiting? Not acting is becoming more costly. Maintaining non-native species takes more water, fertilizer and herbicides than using native plant species – this translates to dollars spent. Water use reduction is mandated throughout California, and some municipalities have even more restrictive water use allowances. Trying to maintain the existing landscape may not be feasible. While the cost of existing resources may be the most significant motiving factor that drives associations to change, improving technology has been the method for shrinking the timeline on the ROI. Technologies include sophisticated drip systems, rain sensors and high-tech climate monitoring stations to manage pinpoint water delivery.
ROI Case Studies Let’s look at two communities that have taken the leap and find out what their ROI has been. Ocean Ranch is a beautiful coastal community in Southern California that began the process of renovation after establishing a baseline. The five-year study showed a steady escalation in landscaperelated costs since 2006. The board of directors implemented a fiveyear plan that included hiring a water manager to develop a strategy to effectively lower consumption on site. The board also hired a landscape architect to develop a design consisting of water thrifty plantings for the common area landscape. The ROI for the water manager, smart timers, high efficiency nozzles, potential rebates and architect were carefully examined prior to implementation. The ROI was projected at seven to 10 years, which was acceptable to the board and the project was implemented shortly thereafter. The results have been a 15 million gallon reduction in water consumption from 2008 to 2012 (75%). The ROI will beat estimates, and the board has now budgeted to implement a turf removal program in 2014. Heather Ridge Condominium Association in Orange County completed a similar process in early 2013. This action-oriented board created a plan to renovate approximately two acres of turf in the common area landscape. The renovation included replacing turf with low water flowering shrubs. The irrigation was also converted from overhead spray to drip irrigation. The community estimated the ROI at 11 years; however, the community was able to participate Continued on page 24 www.cacm.org | Vision Winter 2013
23
Landscape Upgrades Continued from page 23
Helping Community Associations Find Their Way Providing practical legal solutions to common interest developments in: • Governing Document Interpretation and Enforcement • Contract Negotiation and Preparation • General Counsel Service • Litigation, Trial and Appellate Advocacy
Neuland & Whitney, APC (949) 766-4700 www.neulandandwhitney.com 22342-A Avenida Empresa, Ste. 100 • Rancho Santa Margarita, CA 92688
in a fantastic rebate program offered by Moulton Niguel Water District and Municipal Water District of Orange County. The total available rebate totaled $2.50 per square foot, and the cost of the project after this rebate resulted in a projected ROI of 24 months! What do you do first with your own landscape redesign? Talk to a water manager, and request a water audit. Your landscaper can recommend someone who can evaluate what changes can be made, what rebates or incentives may be available and what are the most cost effective changes you can make. (CACM is a great resource for finding consultants who can guide you through this complex undertaking; search for service providers now in the online Affiliate E-Marketplace at www.cacm.org.)
You Can’t Manage What You Can’t Measure Landscaping costs can and should be measured; once the new system is installed there are tools to help get the most out of the investment. New technology like Eco-Note allows contractors and homeowner boards to create a custom watering budget that matches the allocation from the local water district. “The landscaper’s water budget and the water district’s allocation have been out of alignment, often resulting in heavy tiered rate penalty charges for the customers. Eco-Note bridges that gap,” says Eco-Note cofounder Hank Ortiz. Smart Property is another great new product. Smart Property is a unique software application that allows for greater accuracy and immediate access for improved financial decision-making. Founder of Smart Property Damian Esparza believes that the advent of mobile and cloud computing will improve the way HOAs budget and plan for future expenses. These are just two of the many great software solutions to help monitor and measure the cost savings with an upgrade. Tools like these will allow the associations and their contractors to fine tune the systems investments to maximize savings. You can make a big splash by connecting technology experts with your boards and encouraging them to stay ahead of the curve. If you think about the ROI as the impetus to keep everyone moving in the right direction, you can help your boards make wise long-term investments in their communities. Matt Davenport is President of Monarch Environmental, Inc., in Mission Viejo. Lori R. Storm, CCAM, is a community manager with FirstService Residential California, LLC, in Gold River.
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Trust Relationships Results
Angius & Terry LLP has long prided itself on providing superior legal representation to community associations while fostering long-lasting relationships with our clients for over 30 years. In today’s ever-changing real estate and financial markets, community associations can continue to trust Angius & Terry LLP to rise to these new challenges to help them achieve favorable results. Your problems are our problems. Your success is our pride. Angius & Terry LLP: your association’s constant in a changing world.
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www.cacm.org | Vision Winter 2013
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What Can Community Managers Expect from CACM in 2014? Flexibility!
There have never been so many opportunities for you to get the education you need. The abundance of options available to you are all part of CACM’s goal to be your number one source for California-specific community management education.
Pursue the Career Path of Your Choice CACM opens up new career opportunities for you with options to expand your professional knowledge in one or more of the following specialties:
• SPC400 High Rise Community Management
• SPC410 Large Scale Community Management
• SPC420 Active Adult Community Management
• SPC430 Portfolio Management
• SPC440 Developer-Involved Community Management (coming in 2014; read more on page 27)
In addition, CACM offers 20 different post-certification courses for continuing education at four different levels: 200 (Intermediate), 300 (Advanced), 400 (Specialization), and 500 (Master). This variety of course offerings provides you with the professional development you need for every stage of your career.
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Vision Winter 2013 | www.cacm.org
Select Education Options in the Format You Prefer Professional development with CACM gives you the flexibility of learning and earning CEUs in any or all of the following formats:
• Attend courses
• Attend events
• Participate in webinars
• Access Law Journal exams online
• Take online courses (select 200 and 300 level courses will be online in summer 2014!)
• Schedule a Private Offering
Request a Course for Your Region Don’t see a CACM course you’re interested in offered near you on the schedule? Don’t let that prevent you from getting the professional education and CEUs you need! CACM’s Request a Course program allows individual managers to request any CACM course be held in their regional area. We’ve already brought the BAM series and Ethics for Community Managers to Los Angeles and Effective Governance Principles to the Bay Area based off requests from local managers! To make your request, go to www.cacm.org and type “courses come to you” in the site search box; once you’ve made it to the webpage, click on the ”Make
New course in 2014!
Developer-Involved Community Management With home-building in California on the rise, opportunities for community managers are growing. This course prepares community managers to take advantage of those opportunities by providing in-depth education on how CIDs are created and specialized knowledge on transitioning physical assets, the common area, and governance from the builder to the community association. This new course will be available in fall 2014.
your course request here” link.
Tell Us What Topics to Feature As a member-driven organization, CACM knows your input is vital to maintaining a fresh approach to essential education. You can get involved in CACM education and offer your two cents on topics you’d like to see covered at CACM events, including Regional Forums, Law Seminars, and Webinars. To submit your topic ideas, go to www.cacm.org and log in to the Members Only section; proceed to the Manager Members section and click the Suggest a Topic link. We can’t wait to hear your ideas!
Add yourself to the waitlist and be notified when registration is open by filling out our online Request a Course form. To access the form, go to www.cacm.org and type “courses come to you” in the site search box; once you’ve made it to the webpage, click on the “Make your course request here” link.
www.cacm.org | Vision Winter 2013
27
achieving professional excellence
Congratulations Managers
It is with pride that we recognize managers who have taken the next step in their professional career by pursuing advanced educational opportunities. Congratulations to our newest Certified Community Association Manager (CCAM) recipients for the third quarter of 2013.
New CCAMs Eliahu Bar, CCAM
Aaron Levine, CCAM
Kelli M. Smith, CCAM
Grant Belleville, CCAM
Kelly McKelvey, CCAM
Jane A. Spencer, CCAM
Vallie Ann Bennett, CCAM
Marti Mello, CCAM
Carol Steward, CCAM
Kayleigh M. Bodan, CCAM
Ann M. Miller, CCAM
Karen L. Thompson, CCAM
Kevin Burkhardt, CCAM
Masood Matthew Nawabi, CCAM
Eddie Tovar, CCAM
Gregory Cotten, CCAM
Jennifer O'Neil, CCAM
Jennifer H. Treff, CCAM
Laurel Diane Dial, CCAM
Marilyn Parker, CCAM
Kathleen Waite, CCAM
Andrea I. Dunifon, CCAM
Sara Petros, CCAM
Mike S. Goodwin, CCAM
Michelle Randolph, CCAM
David Guzman, CCAM
Carol A. Rogers, CCAM
Lisa M. Hoffman, CCAM
Pamela Sabo, CCAM
John Konjicija, CCAM
Lena-Marie Scott, CCAM
Linda T. Lang, CCAM
Teri L. Seike, CCAM
Kenneth G. Lanza, CCAM
Teresa Sexton, CCAM
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CACM Certification Programs Want to enhance your career and display a competitive edge? CACM offers three credentialing programs for community managers: • Certified Community Association Manager (CCAM) certification • Specialty Certificate Programs • Master of Community Association Management (MCAM) certification Learn more about these programs at www.cacm.org.
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800-543-8670 SAN DIEGO | SAN FRANCISCO | HAWAII | VIRGINIA www.cacm.org | Vision Winter 2013
29
W
hether you are a newly minted board member or a seasoned hand, the
ongoing tasks of the association
Board Leader
tips
BIG
picture
can occupy all your allotted time.
for
You may go to board meetings and find your energy taken up
End Results
with small decisions. But what you really want to do is accomplish something larger. That is why you have volunteered. You can imagine greater things for your community. You have goals you want to realize. How do you ensure that your term in office is as effective as you hope it will be?
Start with the Big Picture Make goal setting with end results a priority. This is the first thing a new board should do. The board sets results-oriented goals based on considered evaluation of what is best for the association now and in the future. Let’s say a major goal that everyone agrees on is to beautify the community; here’s an example of steps needed to accomplish this goal: Beautifying the Community (the end result) 1.
Get yards and driveways cleaned up
2. Renovate the landscaping in common areas 3. Replace outdated street lights 4. Upgrade the exterior of the clubhouse
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By LORI R. STORM, CCAM
Build steps that will move your goals forward. This is
or management company whose responsibility is to
where the board decides on the direction to take to make
manage the day-to-day operations of the community. Let
goals happen. Let’s expand on our beautification example
these people manage. Instead, the board should take on a
above:
more overarching role and set the course.
1.
Owner clean up goal — enforce existing rules or Respect your fellow board members. You may have all
draft effective ones if yours are not up to standard 2. New landscape goal — research what changes are
the time in the world to research every agenda item and
appropriate and offer the most bang for association
immerse yourself in the governing documents. The other
bucks
board members — even though they, too, are dedicated
3. Update light goal — look into forward thinking technology and energy savings 4. Clubhouse upgrade goal — what materials give you
to guiding the association — may not be able to devote as much time. Appreciation and respect are great traits to bring to the meetings.
the best outcome for your vision Authority is wielded as a group — not as individual Now it is time to delegate. This will not be possible
board members. Discussions can be passionate and heated,
unless the board’s expectations are stated and delegated
but once the vote is taken, the board stands behind the
appropriately. Turn to your resources for follow through.
decision as a single entity. Focus on moving forward based
Legal counsel, subject matter experts, municipal authorities
on the board’s direction — speak with a unified voice.
— have them do the legwork and bring potential solutions You won’t please everyone. Being on the board
to you for consideration.
involves responsibility to the welfare of the group and not Monitor progress. Take some time at each meeting to
individuals. This means some will get angry at your actions
check milestones toward your goals. Course correction is
and decisions. There are always some decisions that are
easier if you are keeping a watchful eye on progress.
right, but not popular; it is inevitable. You need to feel confident that the board has made the best decision it can
The Manager Keeps an Eye on Day-to-Day Operations Don’t concentrate on the smaller stuff. Association
based on the facts. Boards can and do achieve big goals while keeping up on operations. As a board, you need to delegate and direct,
operations are not all big picture items. But, while you are
deliberate and decide. Knowing how and where to focus
progressing toward your greater goals, it is the manager’s
your energies will allow you to do it all and look good while
job to oversee daily operations.
you are doing it. Enjoy!
Remember that the board’s job is to govern — not manage. You have hired a professional community manager
Lori R. Storm, CCAM, is a community manager with FirstService Residential California, LLC, in Gold River.
CACM’s “In the Boardroom” feature is intended to provide key trends, tips and practical advice for association board members. For easy sharing, you can also access this and other archived articles online at www.cacm.org.
www.cacm.org | Vision Winter 2013
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Meet the Board |
CACM’s board members share their stats and insights
You learned about some of the CACM Board members in the Fall 2013 issue, and now it’s time to learn more about our other eight members. Board elections are conducted annually. The board members serve three-year terms and are limited to two consecutive terms. Electronic voting for the 2014 election was held December 3 – 17, 2013.
Carra Clampitt, CCAM Eugene Burger Management Corporation In the CID industry for: 29 years CACM Board member for: Newly elected in 2013 Specializes in: Portfolio, large scale and active adult management The most appealing aspect of community management is: The ever changing — yet somewhat the same — aspects of this industry. Where else can one be able to continuously learn about building components, insurance, budgeting, long range planning, legal matters, trees, recreational facilities … the list goes on and on. Not to mention the huge human element of this career — the opportunity to help people achieve the community’s goals, see the positive and the negative in human behavior and continuously work to improve my own interpersonal skills — patience, humility, compassion, leadership, how to provide guidance/suggestions and not take any of the negative reactions as a personal attack. My hobbies include: Playing soccer, vegetable and flower gardening, bicycling, outdoor activities and traveling/exploring new areas and adventures. I am passionate about: Being respectful of others as no one has permission to be rude, condescending or arrogant toward others. My family members care for each other without needing to ask for help. I want to be remembered as: An honest, hardworking, kind, generous and compassionate woman.
exposure to Policy Governance has provided me with an understanding of a process that allows the lay board members to establish policies and procedures that provide a strong and consistent foundation to the governance of their communities. Having the opportunity to train board members and managers in this area has been greatly rewarding. My hobbies include: My husband and I enjoy travel to Kauai and spending time with our two Akitas. Of course spending quality time with our family is always a wonderful event. I am passionate about: Learning and sharing my knowledge with others. I am passionate about establishing strong operational bases in the companies where I am employed. I derive great pleasure from the successes that are enjoyed by those I coach, mentor and support. I want to be remembered as: A CACM board member who constantly participated and brought thoughtful contributions, even if my position was in the minority.
Dan Kocal, CCAM The Management Trust In the CID industry for: 22 years CACM Board member for: 12 years; Chair from 2007-2009; Vice Chair from 2005-2006 The most appealing aspect of community management is: Creating a better sense of community for our clients. My hobbies include: Open water swimming, golf, spending time with family and friends.
Lisa Esposito, CCAM Bay Area Property Services In the CID industry for: 24 years CACM Board member for: 12 years Specializes in: Portfolio and onsite management The most appealing aspect of community management is: I have become a servant leader. My 32
Vision Winter 2013 | www.cacm.org
I am passionate about: A healthy lifestyle. I want to be remembered as: A person who helped others achieve to their highest potential.
Cherié McColley, CCAM CM Consulting In the CID industry for: 28 years CACM Board member for: 9 years Specializes in: I’ve done it all! The most appealing aspect of community management is: Every day there is something new to be learned and a new opportunity to assist someone — a board member, homeowner or employee.
My hobbies include: Traveling (to Hawaii or anywhere with warm, sandy beaches); crosswords; trying new restaurants with good friends. I am passionate about: This industry — to work with the Legislative Committee and Sacramento and to be part of an industry that is constantly evolving. I want to be remembered for: Leaving communities better than when I came, and doing it right — with the highest ethical behavior.
My hobbies include: Reading, gourmet cooking, mixology, traveling to exotic places, jewelry designing. I am passionate about: Assisting others to achieve their goals and dreams and to achieve growth in myself to be the best I can be. I want to be remembered as: Someone who made a difference in this world.
Melinda Young, CCAM, PCAM Walters Management, ACMF In the CID industry for: 29 years CACM Board member for: 5 years; Chair (current) Specializes in: Portfolio and large scale management
Sharon Topping, CCAM FirstService Residential California, LLC In the CID industry for: 7 years CACM Board member for: 4 years Specializes in: Portfolio, high rise, active adult and master planned community management The most appealing aspect of community management is: The people, and there is unlimited opportunity on various paths depending upon your interests and/or skill set. My hobbies include: Formula 1 and Indy Car racing, USC Football, wine collecting, spending time with friends and family, travel, Pilates. I am passionate about: My family and friends, being a good person, and having a positive impact. I want to be remembered as: Someone who cared about others and made a difference in people’s lives.
Mary Walker, CCAM In the CID industry for: 29 years
The most appealing aspect of community management is: In many ways, community management has been the perfect career for me. (It helps that I really respect and enjoy the people with whom I work.) This industry has offered me the opportunity to learn something new every day, to meet interesting people from all walks of life and disciplines, the freedom to get out from behind a desk and to form long lasting relationships with coworkers, industry partners and board members. Sometimes it is too easy to focus on the tough stuff in a customer service business — it has taken me too long to truly recognize the value managers and management companies bring to communities. I always try to remember to be personally committed, but not to take things personally or take myself too seriously. My hobbies include: I’m a sports fan, love nature, like to read, cook, and listen to all sorts of music. I will travel just about anywhere I haven’t been before — love road trips. Truly enjoy friends and simple things. I am passionate about: In terms of my involvement with CACM, educating the public about the importance of certification and education. There are absolutely fabulous individuals in our industry — we need to let those outside our industry know what we truly bring to their communities in terms of our skills, our knowledge and our experience. I want to be remembered as: A woman of substance and integrity who could also practice a little compassion now and then.
CACM Board member for: 13 years; Vice Chair (current) Specializes in: Portfolio and onsite management The most appealing aspect of community management is: Not only is every day a new adventure — our knowledge base has to be extremely broad. You meet the most interesting people! www.cacm.org | Vision Winter 2013
33
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Vision Winter 2013 | www.cacm.org
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W
e are busy crunching the numbers in preparation for the new edition of the CACM Compensation & Benefits Study, scheduled for release in spring 2014. The first edition captured 2011 figures, and now we've gathered 2013 data that will help you determine if your benefits and compensation packages are competitive. This comprehensive, California-based study is prepared specifically for the community management industry and will allow you to reference what your counterparts are earning and what the compensation trends are in your area. Plus, it will include data for six unique job classifications in 11 geographic markets in the state, as well as more than 70 tables of valuable benchmarking statistics.
New Compensation & Benefits Study in the Works
Copies of the new study will be available for purchase in spring 2014, but you can own a copy of the 2011 edition now — a great way to identify how the industry has changed in the past two years once the new guide is released. Contact Cherie Martin at cmartin@cacm.org to order your copy of the 2011 study (CACM Members: $89, Non-Members: $139; survey participants receive a 10% discount).
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www.cacm.org | Vision Winter 2013
35
EMERGING
TRENDS
Legislative Trends By Karen Conlon, CCAM
A
s the leading advocate for
sponsored by CACM and authored
educational requirements, and that
community managers in
by former Assemblymember John
the certification must be annually
Sacramento for the past
Dutra, have had a significant impact
disclosed to consumers. Together
22 years, CACM plays an active role in sponsoring, developing and helping shape sensible legislation to enhance professionalism in the community management industry. By staying ahead of the trends and best
By staying ahead of the trends and best supporting management practitioners in California, CACM has been your fierce advocate on important legislative issues this year and in years past.
supporting management practitioners in California, CACM has been your
on enhancing the professionalism
these bills have provided an on-going
fierce advocate on important
of the community management
standard for certification among
legislative issues this year and in years
industry in California. Both bills were
community managers that requires a
past.
signed into law by Former Governor
minimum of 30 hours of coursework
Gray Davis and mandate that in
and examination on California law and
2000, Assembly Bill 555 (2002) and
order to be considered certified,
accompanying skills.
AB 423 (2003), both written and
managers must meet specific
Of all the bills signed into law since
In addition to advocating for statespecific credentials of community managers, what are recent legislative
Number of Bills Introduced from 2003-2014
trends CACM has monitored on your behalf? Policy issues such as more transparency by HOA boards of directors; dispute resolution; elections; assessments and collections;
3,084
records; and governing document restrictions, to name a few.
2,700
2,799
3,076
3,118
disclosure and reporting; access to
However, in the past three to Sacramento policymakers have
1,781
by introducing bills in areas outside
1,430
1,495
expanded their impact on HOAs
1,580
1,853
1,918
five years we have observed that
of typical housing issues, including
826
electric vehicle (EV) charging stations, the environment, urban runoff, green issues, electronic voting, exclusive common areas, sub-metering, aged persons, affordable housing, building
Assembly Bills
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Senate Bills
codes, swimming pools, energy and water efficiency, and many more.
A recent yet most interesting trend is the number of bills introduced since 2003 (some passed and some not) through the recently ended 2013-2014 legislative session (see graph at left). There are significantly less than in past years. Part of the trend of introducing fewer bills could be a side-effect from changes to the state’s term limit laws made by voters in 2011. Lawmakers voted into office in 2012 were elected under two different sets of rules. Those elected to the
Each year CACM invites our members to express their voice in Sacramento by attending the half-
Mark your calendar now for Tuesday, March 25, 2014, at the Sheraton Sacramento for our annual Legislative Forum. We’ll see you at the Capitol!
Legislature for the first time can serve a maximum of 12 years
day, fly-in Legislative
— but can do so in either house. Those elected prior to 2012
Forum. At this event,
are limited to three two-year terms in the Assembly and two
managers have been instrumental
four-year terms in the Senate, for a total of 14 years. In an LA Times article (“Freshman Sacramento Lawmakers Introducing
in defeating legislation having a
Fewer Bills,” August 22, 2013), Anthony York notes first-time
reprehensible impact on our practices
members carried an average of 5.6 fewer bills than their
(such as not being able to charge fees for
veteran counterparts. For community managers and HOA clients, 2013-2014 saw
services provided). While in Sacramento
a significant reduction in the number of industry specific bills.
attending appointments with legislators,
Except for the effect of the new Davis Stirling Act beginning
attendees also talk with legislators about
in January 2014, the overall impact of new legislative policy
the important impact the community
taking effect in 2014 is not as encumbering as previous years have been. More details about the 2013 bills and recent case law will be available at the 2014 CACM Law Seminar & Expo
manager profession and HOAs have on local government.
events in both Northern and Southern California (see page 2 for details).
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AssociationBankServices.com www.FirstBankHOA.com www.cacm.org | Vision Winter 2013
37
EMERGING
TRENDS
By Sascha Macias
Is California Ready for
s the world we live in continues to evolve, associations are being exposed to more and more electronic communication. With the increasing focus on technology-driven efficiency, it only makes sense that we have seen recent bill introductions regarding electronic voting within associations. In 2013, AB 1360 was introduced by Assemblymember Norma Torres (now Senator Torres). The premise of this bill is to authorize associations to conduct elections through electronic balloting. The bill would also require an
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association to provide each member with an opportunity to choose between ballot voting and electronic voting, as well as modify existing statutes to include a requirement to maintain records the length of time allowed for election dispute. While electronic voting within associations is not currently allowed under California Civil Code, this bill begins to drive the question: Is electronic voting the way of the future? According to Marybeth O. Green, Assistant Vice President of Education with FirstService
Residential California, LLC and chair of CACM’s Legislative Affairs Committee, the answer is “yes” – but how far into the future may be the next question. Industry professionals may recall Senate Bill (SB) 1306 introduced in 2004-2005, which brought electronic meeting attendance for board members under review. This bill was entered into law January 2012 (Civil Code 1363.05), more than seven years after first being introduced. With AB 1360 running into significant opposition and not moving forward this year (it has become a twoyear bill and received opposition from the Secretary of State), we can expect this discussion to continue into the 2014 legislative session. Review of the past reveals, however, that this is not likely to be a quick process. As with any change, we can expect a review of the pros and cons. Looking at electronic voting as a theory, pros might include a greener option for our communities; a cost savings in printing,
materials and postage; a faster and possibly more efficient tally process; and a likely increase in participation rate – particularly if applications become available on smart phone devices. In a world where time is a commodity, simplifying the process
electronically – whether this is proven to be true or not. The threat of discouraging members from participating is also likely the driving force behind the portion of AB 1360 that requires traditional balloting for all members, with the option to vote
In a world where time is a commodity, simplifying the process for a technology-driven generation may encourage them to get involved. for a technology-driven generation may encourage them to get involved. Looking at the cons of this process, one may wonder what legislators are reviewing. Green says that while legislators often look to their constituents for direction, they also shy away from any action that may alienate association members from the opportunity to participate in their elections. In consideration of the senior generation, there is apprehension that they may not be inclined to vote
electronically for those members who opt into that process. Feedback from states like Texas and Washington indicates that an initial start-up of the electronic process may be difficult, but that difficulty will subside over time. However, the biggest challenge appears to be meeting the requirement of conducting both electronic and paper balloting. While this double duty allows members the flexibility of choosing between both methods of voting, it also adds some cons Continued on page 40
®
www.cacm.org | Vision Winter 2013
39
Electronic Elections
Continued from page 39
to the mix, including a lack of cost savings (due to mailing anyway); increased risk for error; additional work for management or volunteers; the need for forming a process to prevent double voting; and the possibility of hackers modifying election results. Every year headlines are brought to our attention revealing flaws in electronic voting; until we begin to see these dissipate, our state may not look to electronic voting for our associations. At the infancy stage AB 1360 is in, it may appear that this step forward is not quite ready to be implemented in California’s community associations. But there is potential for the future, as the pros appear to outweigh the cons. Sascha Macias is a general manager in Santa Clarita for FirstService Residential California, LLC.
Professional Standards Committee (PSC) Report On April 13, 2013, a complaint was lodged against Mr. Peter Drivas, CCAM, member of CACM since March 9, 1999, and certified since September 24, 1999, alleging ethical violations of the CACM Code of Professional Ethics and Standards of Practice, Sections 3.03, 3.04, 3.06, 3.07,3.09 and 3.11 had occurred.* After an extensive investigation and hearings, the Professional Standards Committee voted to terminate the membership and certification of Peter Drivas for violation of Section 3.03 and 3.04 of CACM’s Code of Professional Ethics and Standards of Practice, effective November 7, 2013, with publication of this action. * Please refer to the CACM Code of Professional Ethics and Standards of Practice for specific language and definitions of sections referenced. For information regarding potential violations, please contact Vicki Hite at vhite@cacm.org.
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Heroes of Our Industry For some people, it’s about more than just the bottom line. These companies, leaders in our industry, showed up, stepped up and supported the 9th annual Halloween Bash as we raised, once again, $100,000 for Neurofibromatosis tumor research.
With deepest respect, We thank you Roland & Nicole Thoms Full story: varsitypainting.com/halloween
License #809250 www.cacm.org | Vision Winter 2013
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Suspended CCAM Roster The following individuals have been suspended from the Certified Community Association Manager (CCAM) program between October 1, 2012, and September 30, 2013, for reasons noted below. These individuals are no longer authorized to utilize the CCAM designation after their name or refer to themselves as a Certified Community Association Manager.
RETIRED/LEFT INDUSTRY Ann Andreola Michelle Beazley David Bengtson Brian Cole Robert L. Crane Jr. Dolly Cross George J. Einfeldt Kari Girdick Rachel Groves Carla Hohmann Melissa Layton Paula L. Lial Janice Liese Marsha Pelino Pamela J. Penton Dee Dee Stephens Randy Welch David B. Williams Jolene Yerdon Melissa ZermeĂąo
DID NOT MEET RECERTIFICATION REQUIREMENTS Joseph L. Anderson Nick Arther Joe Bolich Wendy Bucknum Isado Byrd Lynn Marie Contreras Dawn Cooper Rolf M. Crocker Dennis D. D'Amore Deni A. Diedel James H. Ernst Claudia Faison Tina Foust Suzanne Green Robert C. Hyman Gene Jackson John Ko Erika La Rosa Ryan Lancaster Ilze Z. Lemus Kellie Lott Anna Machado Nancy Martin Sharon Massingham Jim Mathews Wayne Metlitz 42
Brian J. Mitchell Justin Palermo Dennis L. Paquette Denis Pariseau Calvin Pratt Eva Ramirez-Orr Linda Reyes Judy Robinson Robert Rosenberg Joel Russo Loretta Saginario Shelly Samples Debra Schaub Ryan Shoemaker Terry Smith Michelle Stanovich Christina Temblador Gary Thomas David Tydeman Raheib Wajid
DID NOT RENEW Victoria Anderson Markus Ashley Roxi Bardwell James A. Beard Sayar Beaty Angela Beck Kathleen Bennett Marc Binenfeld Ana Boone Jerri Boone Aubrey E. Bowman Jeff Brack Megan Brenneman Jill Bronk Sydnee M. Brooks Jennifer M. Brunston Ashley Budelli Elizabeth Bunker Carly Burns Elizabeth W. Cardozo Leon E. Castiaux Jaime Chandler Joanna T. Cockrell Diana Conroy Jane Curtis Joseph D'Agostino Kathy Daigle Cristina David Donna DePledge
Vision Winter 2013 | www.cacm.org
Angela Dhanens Lisa C. Dial David Dickter Beryl Dixon Debra Donado Cathy Dreesman Karen A. Dreher Lori Eppstein Vivian S. FernĂĄndez Donna Ferrell Shelley Fisher Lindsay M. Fox Jean M. Fredericks Eric M. Garcia Biff Geiser Forrest Graef Christine Greengrass Mindy R. Gutierrez Diane Kay Guzman Julie Harris Sheree Marie Harris Peg Hart Ned Heiskell Heather Hoover Tracy Hopper Kelly Howell Michael Huffman Elizabeth Jaeschke de Buenrostro Leslie Johnson Mary Johnson Nancy D. Johnson Stephanie Jones Kenneth Josselyn Rosa Jouldjian Liz Juarez Robert Kaku Brian A. Kalmenson Loit Kaskla Kyle Graham Kruger Christian Ksieski Michael T. Kubas Ernest R. Langston, Sr. Dylan Loebig Jennifer Loorya Eve Lopez Eva Mason Jamie Mayo Sandra M. Meyer Sandi Montez Jaime Moore Ginger Murray
Ellie Ortiz Brooks Sherwood Paine Joanne Pena Ric Perez Barbara Peters Marie Pettitt Donna Picciano Sue Pierce Kathy Piper Davina Poole Yulia Popova Chris Pritchard Daniel Pruett Karyn Raymer Judy Reule Terrin Robertson Peter Ruggiero Nicole Rule Rosanne Rutledge-Schmidt Suzanne T. Sammut Crystalyn Marie Sanders Daniell L. Schaeffer Kenneth A. Shelton Jr. Lucas J. Sisneroz Kathy Small Ashley Smith Monaca Smith Evalyn Smith-Drobnicki Erika Sosa Stacey Speck Josh Steinbock Greg G. Thibodeaux Linda Tietz Terry Tillman Bernadette Tran William J. Turco Lonie Washburn Sandra A. Webster-Shyko Dawnelle Weiler Andrea M. West David Wilson Susan A. Woehl Michael D. Wolcott Scott Woodside Michael S. Yadrick
maintaining high standards
New Manager & Management Firm Council Members
CACM members further their success in the industry and benefit by partnering with colleagues to share new ideas and best practices. Please join us in welcoming these new members from the third quarter of 2013!
Manager Members Dora Acosta Melissa A. Akstinas Douglas J. Alves Lauris Bateman Scott A. Bland Shelley M. Bobitch Brynn J. Booras Irma Breceda Nycole T. Burts Penny A. Carter Jill R. Chambers Mark J. Christopherson Kelly D. Coll Lea Countryman Taylor L. DeLauder RosaLea O. Dodson Greg Felt Catherine Foley Christina N. Forrest-Painter Noel A. Gimbel Rosalba Gonzalez Yelene Griffin Michael J. Hanson Ignacio Hernandez Andrew J. Hertel Barry I. James Ronald Jerue Jill Kelley-Farrell Stevie M. Koller Shannon Krutz
Suzana Larsen Nohemi Leon Aaron Levine, CCAM Ashlee M. Lhotka Arthur Livitz Marni Lopez Patrick J. Magee Janet L. Martell Lee S. McGinn Nancy V. McLennan Annie R. Mendoza Meaghan E. Ogilvie Kathleen Percelle Christine M. Peters John C. Plemons Jr. Steve Raya Warren T. Salmons Cassandra N. Siegman Dawn L. Sims Wendy J. Smith Lisa K. Stewart Christopher P. Stuckey Lucy S. Sulano Katrina M. Tanjuakio Ruby M. Vivas Gloria Vizzini Matthew S. Wagner Douglas A. Ward Victoria S. Wylie Kathleen M. Young
Management Firm Council Members Allen & Associates Palm Springs | (760) 323-7475 www.allenhoa.com E.E.N. Property Management, Inc. Antioch | (925) 778-3366 www.eenpropertymanagementinc.com
www.cacm.org | Vision Winter 2013
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EMERGING
TRENDS
Buck UP
couple of years ago I asked the rhetorical question: “Where are the flying cars?” Well, I still haven’t seen them (though there are a few promising prototypes out there). It seems that the next paradigm shift doesn’t necessarily involve wings … It involves plugs. The California legislature, in a well-meaning, but rather abrupt attempt at embracing and encouraging green technology, enacted Civil Code 1353.9 (renumbered as civil code 4745 beginning January 2014). This The ups and downs of bit of legislation requires HOAs to permit the installation of individually plugging this new legislation owned electric vehicle (EV) charging into a real-life association stations in a homeowner’s exclusive use By DEAN JACKSON, CCAM parking space or, if that is impossible or unreasonably expensive, to license a common area space to the homeowner for that purpose. This required a bit of clean up language, as it didn’t take into account that HOAs aren’t normally permitted to turn common area into exclusive use common area without a vote of the membership. It also requires the owners of the charging stations to carry requisite levels of liability insurance, cover the cost of the installation, and pay for the cost of electricity. I drive a Mustang, a far cry from the green mentality of electric vehicles (but I bought it used, so I guess that can be considered recycling). I like the power and the cool factor and, since I’m well into my 40s, I can justify the midlife crisis. Up until recently, electric cars really didn’t bring the style and panache that make for stellar sales, so there wasn’t a large market. Enter more stylish choices like Tesla, the Nissan Leaf and the Chevy Volt, as well as a legislature running on all cylinders (or lithium ion batteries), and all of a sudden community managers have to get in gear. The message for managers: Buckle up; EVs are here to stay. As we roar into the future (actually, as we quietly purr into the future) community managers are faced with a number of dilemmas, and very little guidance. In the words of “Project Runway” host Tim Gunn, we have to, “Make it work.” (I’m complex; I can drive a Mustang and watch Project Runway.)
Overhaulin’ While I can’t say I ignored the law, I didn’t expressly pursue any methods of addressing the situation. I hadn’t received a lot of requests for information, and there wasn’t necessarily a standard charger, so I took the position that I’d deal with it when there was more of a charging standard. 44
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EV Ch Station Have A
kle
harging ons Arrived
Then I started getting requests from the newer, younger residents who wanted information on whether or not they could install a charging station because the Volt and the Tesla are “really cool.” It was then that I realized a couple of things: 1) our garage wasn’t prepared for charging stations, and 2) neither was I. Not only did I have to permit a charging station upon request, but the law also says individuals have to pay for their own electricity (our electric panels can’t handle the load and we don’t have separate meters) and follow the HOA’s architectural policies (we have no architectural policies concerning EVs). Not to mention the fact that our electric panels sit light years away from where people park, causing all sorts of headaches and cost for running electricity to parking spaces. We’re gonna need to be overhauled! Question is, do I overhaul the garage, the policies, both, neither?
Monster Garage Our garage, housing more than 600 parking spaces on five levels, is a 30-yearold, no-frills kind of space – all poured cement, rebar and post tension cables, very few electrical outlets, and one tiny electrical room tucked neatly out of the way in a dim corner. An enterprising manager could have installed a toll road between the room and the nearest parking space. Running electricity from that room to anywhere in the garage would be a costly prospect (the toll road idea could have some traction to generate some funds). The tiny electric room has no room for additional panels. The post tension construction would make sinking bolts in the floor to anchor a charging station problematic (think of snapping a steel guitar string, but several hundred times bigger), and some spaces Continued on page 46 www.cacm.org | Vision Winter 2013
45
Buckle Up
Continued from page 45
don’t have a wall to hang a charging station on. This garage was not designed to make such an installation easy, cheap, or in some cases even possible. So what is a manager to do when the inevitable request comes? Since I am still in the process of developing architectural policies (more on that later), I have provided folks with a summary of Civil Code 1353.9 (again, renumbered as Civil Code 4745 beginning January 2014), which reads something like this (forgive the paraphrase): “You have to pay for everything; it will be very expensive and time consuming; buy a Prius instead.” This, however, is only a stopgap measure. As a manager, I have to think outside of the large, no-frills, cement box.
Wheeler Dealers Back in the ‘80s Nancy Reagan coined the phrase “Just Say No,” but now that just isn’t an option for community managers (especially with California legislators!). With respect to EV charging stations, the operative phrase should be “Don’t Say No.” With this in mind, I have embarked on the task of drafting architectural policies. It’s a bit of a challenge to formulate policies to permit the installation of charging stations in a space not designed for them. It’s kind of like making a policy to permit a square peg in a round hole. Eventually it may fit, but some corners may be cut. In a nut shell, whether I intended to or not, the policies read very similarly to my summary of Civil Code, i.e. “Expensive, time consuming … buy a Prius.” But I have soldiered on, developing policies that, while permitting the charging apparatus, 1) require the requisite amount of insurance (cha ching!), 2) require a licensed and insured contractor, 3) don’t permit bolting to the floor without an x-ray or ground penetrating radar scan to avoid the rebar and post tension cables (cha ching!), 4) require a separately metered electrical panel at an unfortunate distance from the electrical room and the parking space (cha ching, cha ching, cha ching!), and 5) require that installations don’t interfere with traffic. All of these
items together will likely make the cost of installing a station in the garage too expensive for the average consumer, which leads to the other side of the equation.
Parking Wars The other alternative provided by the forward thinking legislature is licensing a common area parking space for a resident’s individual use and permitting a charging station there. Since their clean-up of the law, there is no longer a CC&R prohibition against doing this, but it is fraught with its own costly endeavors. There are still those architectural policies to consider, as well as separately metered electricity and our nifty electrical room, which is even farther away from the common area parking. Add to that the fact that an attorney (CHA CHING!!!) would have to draft the license agreement, and this arguably would be at the resident’s cost. So, we are left with the very real possibility that, no matter how you cut it, individual EV charging stations may be too expensive, and I’ll be seeing many more Priuses (Preai? Not sure how to pluralize that).
Counting Cars Since our garage panels would blow spectacularly if more than one vehicle was charging at a time, I saw no way to avoid the costly process that I just described. The alternative being that only one lucky resident could charge his or her vehicle at any one time. However, during the course of writing this article I became acquainted with a CACM Affiliate Member company, EverCharge. Residents can contract with them for the installation of charging stations, and then EverCharge manages the power load so that up to 10 times more vehicles can charge without blowing the panels. EverCharge then bills the customer and reimburses the HOA for electricity, and the resident can forego the additional cost of installing their own separately metered panel. Usually this is done at little or no cost to the HOA. Though I’m not working with them at this point and so can’t personally recommend their services, this may prove to be a solution to both the power management issue for the HOA and the cost issue for the individual resident.
Grappling with EV charging station issues in your association? The CACM Discussion Groups are the perfect place to share your struggles and strategies with colleagues. In fact, Dean Jackson (the author of this article) has already started a thread, “EV Charging Stations in California.” Log in to the Members Only section at www.cacm.org to join the online discussion!
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Car Crazy I’ve looked at installing common area charging stations, but in my community the cost (even after rebates) is high and the board nixed the idea of a large expenditure for the benefit of a relatively small number of residents (plus, we’d still need to permit individual stations upon request). Some communities, such as Liberty Station Community Association, a 360-acre masterplanned, mixed-use commercial community in San Diego, have achieved success installing common area charging stations. They have many parking lots, but don’t have the assigned parking spaces common to homeowners associations, so therefore experienced many of the same attendant dilemmas I encountered. Sorry to say, I’m still in the middle of this, and I’m going a bit nuts. Though I don’t have any solutions just yet, as the technology improves and the options grow more plentiful, and as the quietly purring masses increase in size (though probably not in volume), each manager will likely have the opportunity to find their own creative way to address the parking wars that are brewing. Until then, I’ll keep my mustang. For me, fast n’ loud is the way to go.
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Dean Jackson, CCAM, is the General Manager at Pacific Park Plaza HOA in Emeryville. Thanks to Tara Gravis CCAM, community association manager of Liberty Station Community Association, and Mario Landau-Holdsworth, President & CEO of EverCharge, for their contributions to this article.
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www.cacm.org | Vision Winter 2013
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Member News With thousands of members spread out across California, CACM was looking for a way to keep in touch with all of our members’ latest happenings.
T
he Member News page is CACM’s online bulletin board designed to feature our members’ most recent news, both personal and professional. Select stories are also featured in Vision magazine. Here are a few of our latest submissions: September 2013
Tierra Verde Landscape Receives Five Awards from California Landscape Contractors Association For the 13th consecutive year, CACM affiliate member Tierra Verde Landscape, Inc. has been recognized for excellence by the California Landscape Contractors Association (CLCA), Orange County Chapter’s Beautification Awards program. This year the company earned five honors in several categories for their work in Huntington Beach, Newport Beach, Irvine and Long Beach. One award Tierra Verde earned was in the Multi-Unit Residential Landscape Maintenance category for its work at
Spinnaker Bay in Long Beach. Spinnaker Bay is famous for its close proximity to Marine Stadium where homeowners dock watercrafts and enjoy lush green belts, bright flowering beds and a large amount of mature shade trees. The community managers at Spinnaker Bay trust Tierra Verde to maintain plants that are aesthetically pleasing and water conserving. Overall job quality and Tierra Verdes’s strategic partnering with community management teams has made award-winning properties a continual source of pride. For more information on Tierra Verde, visit www.tierraverdelandscape.com.
July 2013
Have some of your own news to share? We are currently seeking submissions for the Member News page, whether it be a recent award, a promotion or new hire, a marriage, or even a birth. If you have some exciting news to share on our online Member News board, send it our way. Submissions should be:
• 150 words or less • Written in paragraph form • New information (no duplicate submissions or re-post requests, please) • If applicable, accompanied by a webfriendly photo or company logo (JPG, GIF or PNG at 72 dpi) • Emailed to communications@cacm.org for consideration
We look forward to hearing what’s new with you!
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Bayside Owners Association Honored for Recycling Efforts Bayside at the Embarcadero, a high rise condominium community in downtown San Diego, has once again been rewarded for their recycling efforts with the Recycler of the Year Award for 2013 from the City of San Diego Environmental Services Department. In a letter to the association, Stephen Grealy, Deputy Environmental Services Director, said, “Bayside is a shining example of what a high-rise multi-family complex can accomplish with the right support system and forward thinking approach.” In four years of existence, the Bayside Owners Association has received a recycling award each year. The association is now the proud recipient of three Recycler of the Year awards and one Directors Award for Recycling. Congratulations to the Bayside Owners Association and its General Manager, Kingsley McLaren, CCAM!
June 2013
Universal Protection Service Acquires Sky Security Services Universal Protection Service announced in May that they acquired Sky Security Services and expanded their nationwide presence to include both Hawaii and Nevada. Since 1992, Sky Security Services was providing security services to condominiums, gated communities, apartments, hotels and resorts. The acquisition of Sky Security Services broadens Universal’s security force and extensive training programs to provide additional security solutions and support for their clients. As they move ahead with their recent expansion, Universal looks forward to continuing to provide their clients with the best security solutions, personalized customer service and unmatched value available.
To read more recent news, log in to the Members Only section at www.cacm.org.
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By Lea Countryman
Is Your Association’s
Nonprofit Status Increasing Income Streams and the Possible Effect on Your IRS status
At Risk?
It’s that time of year again: budget season. And, with budgets come the inevitable discussions of possible increases to assessment fees. Of course everyone’s goal continues to be keeping association assessments as low as possible while paying for ongoing expenses and adequately maintaining reserve funding. Although increases to assessments may appear unavoidable, many associations look at adding additional revenue streams to increase their total income. While this out of the box thinking can be extremely beneficial, additional revenue streams apart from assessment income can pose some challenges. When is the turning point where your IRS nonprofit status could be at risk? What is the effect on the membership?
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W
ith everyday costs on the rise, costs to run a community are also climbing. Community associations have varying access to additional revenue streams. Jose Mejares, a San Diego based CPA specializing in association accounting, has come across many of these additional revenue streams in his 23 years of practice. Some typical revenue sources include laundry facilities; vending machines; community room rentals; storage room rentals; garage parking rentals; sale of non-refundable keys to nonmembers; recreation facilities; transportation vans; dock and boat rentals; golf courses; restaurants; unit-owned rentals; guest fees; resale certificates; punitive damages; and onsite maintenance to homeowners (non common area). Additional sources include cell towers, commercial sections and profit sharing contracts between the association and cable providers. While these revenue streams are innovative and can be beneficial, there are some things to consider when looking at potential options. “These other sources of revenues are beneficial to associations, unless they violate statutes, governing documents or a way of life that most homeowners are accustomed to,” says Mejares. “For example, if homeowners complain that their views are compromised due to a cell tower, this could be a problem for the association.” Furthermore, Mejares adds that these revenue sources Continued on page 52
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51
of assessments and the like. Similarly, 90% of the association’s expenses must be for the purpose of carrying on one or more of its exempt functions. When an association has additional income from sources other than assessments, it is important to consult with experts to verify that the association’s nonprofit status will not be put at risk. Ensuring the revenues help offset expenses is an important focus. As the cost of living continues to increase, there will continue to be added pressure on associations to find additional sources of income to continue paying for upkeep on the property, while simultaneously decreasing the cost burden to owners. As community managers, we have the opportunity to help communities think outside the box while still staying within the existing constraints of the association. Through ample planning and consulting with outside tax professionals, our associations may be able to add an additional revenue source to benefit the community and its pocketbook.
Is Your Association's Nonprofit Status At Risk? Continued from page 51
can be problematic if they limit the association’s ability to serve the community (both association members and non-association members), thus potentially putting the association’s nonprofit status at risk. There are also potential tax impacts associations should be aware of when considering additional income sources. Jeremy Newman, CPA and President of Newman and Associates, Inc. based out of Carlsbad, CA, cautions that associations should be aware of exempt versus non-exempt and member versus nonmember income as they relate to the tax impact of such revenue items on their community. “Typically exempt associations are not precluded from earning income from business activities if the revenue is used for the direct benefit of the community and/or financing the association’s social welfare programs,” Newman says. “The business activity should not however become the association’s primary business activity. The business may require the filing of a federal unrelated business income tax return, which would potentially result in taxes being due.” Mejares says that, since most associations file Form 1120H, it is imperative that the board work with management and an outside tax preparer to continue to meet the 60% income and 90% expenditure test for the potential new income stream. The 60% test states the association’s gross income must be at least 60%
Please note: Consult with the association’s tax professional for guidance specific to your community regarding additional revenue sources.
Lea Countryman is Vice President of MMI - McClure Management Inc. in Carlsbad. Special thanks to Jose Mejares, CPA, and Jeremy Newman, CPA, for their input for this story.
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Our Volunteers are the Best!
CACM has the most amazing volunteers who are dedicated to collaborating, mentoring and sharing knowledge with their colleagues. CACM could not accomplish its goals without them. Thank you to the following volunteers for their dedicated service to CACM and the California community management industry.
Faculty Adrian Adams, Esq. Ané Agostini, CIC, CRM James A. Agostini Denver R. Andrews Jr., Esq. Jeffrey A. Barnett, Esq. Jeffrey A. Beaumont, Esq. Darren M. Bevan, Esq. Sandra Bonato, Esq., CCAM Brian Campisi, CCAM Carra S. Clampitt, CCAM Scott Clements, RS Timothy Cline, CIRMS Karen D. Conlon, CCAM Corinne Crawford, CCAM Lisa Davis-Schwartz Jon H. Epsten, Esq. James H. Ernst Debbie Evans, CCAM Jodi Fischer, CCAM Dirk Foster, CCAM Carol Fulton Stacy Gerowitz, CCAM John P. Gill, Esq. Harris M. Ginyard Jr., CCAM Sandra L. Gottlieb, Esq. Mark T. Guithues, Esq. Wayne Guralnick, Esq. John Hansen, Esq. Stephanie J. Hayes, Esq. Kathryn Henricksen, CCAM Vicki Hite, CCAM, CAE Diane Houston, CCAM Morgan C. Hurlbutt, Esq. Denise Iger, Esq. Jennifer M. Jacobsen, Esq. Betty J. Jones, Esq. Linnea Juarez, CCAM James A. Judge, Esq. John T. Kalas, CCAM Geri Kennedy, CCAM-Emeritus Deborah M. Kornheiser, Esq. Ken Kosloff Keith L. Lavery, CCAM Joan Liberty, CCAM G. Kevin Mallett, Esq. Erin A. Maloney, Esq. Cherié McColley, CCAM Kingsley McLaren, CCAM Randi K. Miller, RS W. Alexander Noland, Esq. Matt D. Ober, Esq.
Andrea O’Toole, Esq. Roy Palacios Tina Palacios, CIRMS Dirk E. Petchul, Esq. Julia Plummer, CCAM Laurie S. Poole, Esq. Janet L.S. Powers, Esq. Bruce Ratliff, CCAM Peggy Redmon, Esq. Robin A. Romo, CCAM Steven A. Roseman, Esq. Larry F. Russell, Esq. Christine Stangeland, CCAM Deon R. Stein, Esq. Margaret G. Wangler, Esq. Steven S. Weil, Esq. Frederick T. Whitney, Esq. Melinda S. Young, CCAM
James R. McCormick, Esq. Julia Plummer, CCAM Peggy Redmond, Esq. Kimberly Streetman, CCAM Ekaterina Strulyov, CCAM David C. Swedelson, Esq. Mary Walker, CCAM
Legal Advisory Steering Committee Dennis M. Burke, Esq. Corinne Crawford, CCAM Lisa Esposito, CCAM David F. Feingold, Esq. Theresa Filicia, Esq. Mark T. Guithues, Esq. Stephanie J. Hayes, Esq. Kendrah Kay, CCAM Deborah M. Kornheiser, Esq. Tiffany Lynch, CCAM W. Alexander Noland, Esq. Andrea O’Toole, Esq. Dirk E. Petchul, Esq. Laurie S. Poole, Esq. Deon R. Stein, Esq. Carrie Timko, Esq. Frederick T. Whitney, Esq.
Professional Standards Committee (PSC) William S. Budd, Esq. Sheldon Chavin, CCAM Patty Garcia, CCAM Sandra L. Gottlieb, Esq. Wayne L. Hanson, CCAM Marla Brower Hemmel, CCAM James A. Judge, Esq. Lindseyann Paine-Yates, CCAM Peter B. Smith Terri Lynn Vaccher, CCAM
Legislative Affairs Committee John Cligny, CCAM Jacqueline J. Dynes, CCAM John P. Gill, Esq. Gina Gorman Marybeth O. Green, CCAM Mark T. Guithues, Esq. Wayne Guralnick, Esq. Phyllis Harkins, CCAM Jake S. Harle, Esq. Roy M. Helsing, CCAM Marla Brower Hemmel, CCAM Mary M. Howell, Esq. Kay Ladner, CCAM
Programs Committee Melissa Hajostek, CCAM Roy M. Helsing, CCAM Brent Kocal, CCAM Cherié McColley, CCAM Elizabeth Ramirez, CCAM Bruce Ratliff, CCAM Patricia J. Smith, CCAM, PCAM Mary Walker, CCAM Melinda S. Young, CCAM, PCAM
Vision Editorial Committee Brian Blackwell, CCAM Matt Davenport Bobbie Gaffney, CCAM, PCAM Patty Garcia, CCAM, PCAM Tara Graviss, CCAM Dean Jackson, CCAM Kay Ladner, CCAM Vicki MacHale, CCAM Sascha Macias Clint McClure, CCAM Susan Sharp, CCAM Lori Storm, CCAM
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Evolution of the Industry 1980s 1970s HOAs: Condominiums and master planned
HOAs: Condominiums Quorum Requirements: 75% Pet Policies: What policy? Basketball Standards: Sure! Make one and attach it to the building. Movies: The Godfather, Jaws, Raiders of the Lost Ark, Star Wars Fashion: Bell-bottoms, mini skirts, go-go boots and leisure suits Music: The Beatles, Rolling Stones, Pink Floyd, The Bee Gees, Elton John Landscaping: Eucalyptus trees, bermuda grass, and tidy bushes shaped like boxes and balls Kids at Play: Asphalt playgrounds, no helmets, roller skates and be home for dinner
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Quorum Requirements: 51% Pet Policies: Household pets Basketball Standards: Maybe, but it has to be a portable stand in the street Movies: Goonies, ET, Animal House, Indiana Jones, Star Wars: The Empire Strikes Back Fashion: Shoulder pads, leg warmers, stirrup pants and neon colors Music: AC/DC, Madonna, Michael Jackson, The Go Go’s, Van Halen Landscaping: Ice plant, Liquid Amber trees, and lots of turf Kids at Play: Sand playgrounds, skateboards, 50/50 on helmets, arcades and be home before the streetlights come on
1990s
2000s
HOAs: Condominiums, master planned and vertical
HOAs: Condominiums, master planned, vertical and mixed use
Quorum Requirements: 25%
Quorum Requirements: 25%
Pet Policies: Normal household pets, such as cats or dogs
Pet Policies: Only four domestic animals; no poultry, livestock or other farm animals (including, without limitation, goats and/or pigs)
Basketball Standards: No way! Play video games and invent social media Movies: Good Fellas, Scent of a Woman, City Slickers, Jurassic Park, another Star Wars Fashion: Worn out jeans, cargo pants, flannel shirts and grandma’s floral dresses Music: Guns N Roses, Red Hot Chili Peppers, Beastie Boys, Britney Spears Landscaping: Water conservation and hydro-weed (a.k.a. hydroseed) Kids at Play: Grass playgrounds, roller blades, helmets, X-Box, no skateboards in the common area and stay where I can see you
Basketball Standards: OK, just make sure it’s put away when not in use Movies: The Dark Knight, Gladiator, Braveheart, and yet another Star Wars Fashion: Recycled vintage clothing styles from the 1940s, 1950s, 1960s and 1980s Music: Eminem, Destiny’s Child, Beyoncé, Lady Gaga, Usher Landscaping: Drought tolerant native plants, succulents, less grass and more non-invasive trees Kids at Play: Playgrounds with spongy stuff (or remove the tot-lot), Wii, helmet laws, recumbent bikes, lock the gate to play in the yard and be sure you have your cell phone
Contributed by Dean Jackson, CCAM, General Manager at Pacific Park Plaza HOA in Emeryville, and Susan Sharp, CCAM, New Development Coordinator/Management Consultant for J.D. Richardson Company in San Diego.
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Northern California
upcoming courses & events Date JANUARy 29 29 30-31
FEBRUARY 26-27
MARCH
Southern California
5-6 25
Date JANUARY
FEBRUARY
12 12 12-13
MARCH
5-6 12 12 13-14 19-20 26-27
Winter Calendar Course/EVENT
Course/Event Code
Location
Ethics for Community Managers Advanced Ethics: Leadership & Decision Making Northern California Law Seminar & Expo
CMM130 LDR500 LSNC
Oakland Oakland Oakland
BAM Series (Modules I-II)
CMM101-CMM102
Concord
California Law Series (Modules I-IV) Legislative Forum
CMM121-CMM124 FRMLEG
Concord Sacramento
Course/Event Code
Location
Assessment Collections Ethics for Community Managers BAM Series (Modules I-II)
FIN210 CMM130 CMM101-CMM102
San Diego San Diego Laguna Hills
BAM Series (Modules I-II) Ethics for Community Managers Advanced Ethics: Leadership & Decision-Making Southern California Law Seminar & Expo California Law Series (Modules I-IV) California Law Series (Modules I-IV)
CMM101-CMM102 CMM130 LDR500 LSSC CMM121-CMM124 CMM121-CMM124
San Diego Anaheim Anaheim Anaheim Laguna Hills San Diego
Course/EVENT None scheduled
HOA Banking Solutions Cash Management Solutions
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Online Access and Research
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Responsive. Experienced. Creative. Fred Sneddon, Senior Vice President (949) 261-3562 Walter Block, Senior Vice President (949) 261-3570 Karen Bouslog, Vice President (949) 261-3569 Member
FDIC 56
Vision Winter 2013 | www.cacm.org
fsneddon@pacificwesternbank.com wblock@pacificwesternbank.com kbouslog@pacificwesternbank.com
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Thank You to Our Sponsors
Thank you to our 2013 third quarter sponsors for their generous contributions. The next time you encounter a CACM sponsor, please join us in acknowledging the work and generosity of these supportive members. 1 Stop Pool Pros, Inc.
Powerful Pest Management
Assurant Specialty Property
Seacoast Commerce Bank
AV Builder Corp
Securitas Security Services USA, Inc.
Beaumont Gitlin Tashjian
The Miller Law Firm
CID Insurance Programs, Inc.
The Perry Law Firm
CommerceWest Bank
ThyssenKrupp Elevator
Epsten Grinnell & Howell, APC
Vista Paint Corporation
Fiore Racobs & Powers, APLC
Yardi Systems, Inc.
Hearn, Law Offices of Michael A. Nautilus General Contractors, Inc. OCBS, Inc. PayLease, Inc. Payne Pest Management Peters & Freedman, LLP
58
Vision Winter 2013 | www.cacm.org
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Advertiser Index
Advertiser
Website/Email Page
A.S.A.P. Collection Services...................................www.asapcollect.com................................. 24 Ameristar Fence Products......................................www.ameristarfence.com........................... 39 AMS Paving, Inc......................................................www.amspaving.com.................................. 49 Angius & Terry LLP..................................................www.angius-terry.com................................ 25 Association Lien Services.......................................www.alslien.com.......................................... 21 ATC Assessment Collection Group.......................www.atccal.com............................................ 5 Barrera & Company, Inc..........................................www.barreraco.com.................................... 29 Berding | Weil..........................................................www.berding-weil.com............................... 47
Need a loaN? We Have Money To Lend To Qualifying Associations. Contact an Association Loan Specialist today for more information!
Berg Insurance Agency, Inc....................................www.berginsurance.com............................ 43 CID Insurance Programs, Inc..................................www.cidinsurance.com............................... 34 Community Legal Advisors Inc..............................www.attorneyforhoa.com............................. 6 First Bank..................................................................www.firstbankhoa.com......................... 37, 59 Focus Business Bank...............................................www.focusbusinessbank.com...................... 5 Heritage Bank of Commerce.................................www.heritagebankofcommerce.com....... 35 Kriger Law Firm.......................................................www.a-khoa.com......................................... 12
Northern California (800) 200-0013 Central Coast (888) 539-9616 Southern California (800) 848-6771 FirstBankHoa.com
LaBarre/Oksnee Insurance.....................................www.hoains.com......................................... 40 Mutual of Omaha Bank..........................................www.mutualofomahabank.com................ 47 Neuland & Whitney, APC.......................................www.neulandandwhitney.com...................CACMVisionAd.indd 24 1
6/2/11 10:36:17 AM
Pacific Utility Audit, Inc...........................................www.pacificutilityaudit.com....................... 52 Pacific Western Bank..............................................www.pacificwesternbank.com................... 56 Peters & Freedman, LLP.........................................www.hoalaw.com........................................ 57 Popular Association Banking.................................www.associationbankers.com................... 12 Proserv Plumbing and Drain..................................www.proservplumbing.com......................... 6 Rankin, Law Offices of Ann....................................www.annrankin.com................................... 43 Reserve Studies Inc.................................................www.reservestudiesinc.com....................... 28 SABER......................................................................www.saberfoundations.com...................... 59 Seabreeze Patio Furniture, Inc...............................www.pool-furniture.com............................. 58 Seacoast Commerce Bank.....................................www.sccombank.com................................. 29 SouthData, Inc.........................................................www.southdata.com..................................... 3 Stagecoach Wireless..............................................www.stagecoach-wireless.com.................. 58 Sunset Landscape Maintenance, Inc....................office@sunset-landscape.com .................. 49 SwedelsonGottlieb.................................................www.lawforhoas.com.................................. 21 ThyssenKrupp Elevator...........................................www.thyssenkruppelevator.com................ 28 TOPS Software........................................................www.topssoft.com...................................... 57 Union Bank...............................................................www.hoabankers.com.................................. 3 Varsity Painting........................................................www.varsitypainting.com........................... 41
www.cacm.org | Vision Winter 2013
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California Association of Community Managers, Inc. 23461 South Pointe Drive, Ste. 200 Laguna Hills, CA 92653
Create Your California-Specific Education Plan CACM’s 2014 Professional Development Catalog is now available!
No matter your career path, CACM empowers you to be the best manager you can be. Surprise yourself this year by doing more, learning more and achieving more in the name of your career. Challenge yourself to take new courses, pursue advanced certification programs and meet new colleagues face-to-face at statewide events. You’ll find everything you need in this catalog to map out a 2014 education plan, including information on CACM’s: Start planning your 2014 education goals now. Access the Professional Development Catalog at www.cacm.org.
Career-enhancing certification programs 26 courses covering a wide range of topics and experience levels Educational events with built-in networking time Convenient distance learning opportunities New offerings, including a Developer-Involved Community Management course, soon to be released online courses, and more