ECHO Journal - October 2014 by Echo

2014 ECHO Seminars p.6

Itâ&#x20AC;&#x2122;s Your Neighbors Stupid p.10

Smoking Nuisance

p.16

Green Amenities for Your Property

p.22

Board Tips for Disaster and Emergency Events p.28

Serving Community Associations

Who, Not What is an HOA?

A Fungus Among Us!

p.32

October 2014 echo-ca.org

p. 10

ECHO 1960 The Alameda STE 195 San Jose, CA 95126 Change Service Requested

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news from ECHO

News From ECHO October 2014 Fall is a great time for planning. And planting. And partying. Seriously. Your association should be getting your annual budget report and annual policy statement together for 2015, as required by Sections 5300 and 5310 of the Davis-Stirling Act. If you don’t know what is required, go to our website at www.echo-ca.org/law, and click on the “Civil Code—(New) Davis-Stirling Act button; then go to Chapter 6. The lists of required disclosures are long and require precise compliance, or you will not be able to increase assessments without a vote of the membership. We are all hopeful that the drought will be over. Most associations have suffered landscape damage, and now’s the time to put in new planting so roots will take hold over the winter and produce new growth in the spring. Check your trees for disease and have your arborist care for them to keep them healthy. Take an opportunity to enjoy your community. Instead of focusing only on the administrative issues in your association, pause to recognize that “community” means more than a collection of housing units. Associations are really nothing without the people who live in them. Have a party at your clubhouse or in a convenient common area. Celebrate the hard work of your board members and get to know your neighbors better. Fall is also a time for change. I am delighted to announce that our Office Manager Carly Melius has been promoted to Director of Marketing and Membership. See page 31 get to know more about her. She is available to assist you in any way to make sure your membership experience with ECHO is a great one. Email her at cmelius@echo-ca.org, or call her at (408) 297-3246, ext. 2. Next month we will announce our line-up of seminars for 2015, so stay tuned. Thanks for your support for ECHO. Let us know if we can help you or your association. Best,

Brian Kidney Executive Director

October 2014 | ECHO Journal

CONTENTS

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32 4 echo-ca.org

It’s Your Neighbors, Stupid Many owners see the “association” as a faceless antagonist run by people that they don’t know. The reality is different. The “association” may be a corporation but in fact it is all of our neighbors acting in concert under a set of rules.

Smoking Nuisance Because secondhand smoke is injurious to health according to most experts, many condominium associations are adopting or considering the adoption of restrictions or prohibitions on smoking in the common areas, exclusive use common areas such as balconies and patios, and even units.

Green Amenities for Your Property Looking for the next new thing to enhance your property value and show that you have all the newest amenities? Adding plug-in electric vehicle (PEV) chargers should be on your list.

Board Tips: Effective Information Exchange During Disaster and Emergency Events One of the most important, and oftentimes overlooked, parts of any highly efficient disaster response is effective information exchange between information sources, emergency managers and those impacted by the disaster or emergency event.

A Fungus among Us! Did you know that the drought can actually lead to an increase in fungal infections present in the trees in your landscape? Surprised?

The ECHO Journal is published monthly by the Educational Community for Homeowners. The views of authors expressed in the articles herein do not necessarily reflect the views of ECHO. We assume no responsibility for the statements and opinions advanced by the contributors to the magazine. It is released with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Acceptance of advertising does not constitute any endorsement or recommendation, expressed or implied, of the advertiser or any goods or services offered. We reserve the right to reject any advertising copy. Copyright 2014 Educational Community for Homeowners. All rights reserved. Reproduction, except by written permission of ECHO is prohibited. The ECHO membership list is never released to any outside individual or organization. ECHO 1960 The Alameda, Suite 195 San Jose, CA 95126 408-297-3246 Fax: 408-297-3517 www.echo-ca.org info@echo-ca.org Office Hours Monday-Friday 9:00am to 5:00pm Board of Directors and Officers President David Hughes

DEPARTMENTS

News from ECHO

2014 ECHO Educational Calendar

NEW at echo-ca.org

Monterey Educational Seminar

East Bay Educational Seminar

ECHO Bookstore

Advertiser Index

Legislation at a Glimpse

ECHO Event Calendar

ECHO Volunteers

Vice President Karl Lofthouse Treasurer Diane Rossi Secretary Toni Scurti Directors Jerry L. Bowles Stephanie Hayes Robert Rosenberg Brian Seifert Steven Weil

John Garvic David Levy Kurtis Shenefiel Wanden Treanor

Executive Director Brian Kidney Director of Marketing & Membership Toni Scurti Director of Communications Tyler Coffin Legislative Consultant Government Strategies, Inc. Design and Production Design Site ECHO Mission Statement Serving Community Associations

October 2014 | ECHO Journal

2014 ECHO educational calendar

Santa Rosa

Sacramento

ECHO Seminars Now there’s one near you.

Marin

If you’ve ever wished that ECHO would hold a seminar closer to your association, chances are that we’ll be nearby during 2014. Don’t miss an opportunity to get the education you need with guidance from some of California’s top HOA attorneys and professionals. Take a look and mark your calendar. We can’t wait to see you there!

Walnut Creek Oakland San Francisco

San Jose Campbell Santa Cruz

Online: www.echo-ca.org; By Phone: 408.297.3246 Fresno Monterey

Oct. 4

Oct. 18

Monterey Educational Seminar (see page 8)

East Bay Educational Seminar (see page 13)

Embassy Suites Seaside

Pleasant Hill Community Center, Pleasant Hill

echo-ca.org

NEW

at echo-ca.org

New legislation, quick tips, and fresh insights — we’re adding new information to our website every day.

Articles How to Evaluate Your Manager

As part of our ongoing look at boards and management, this article gives boards tips for evaluating managers. Everyone should expect great service, and boards should know what “great service” looks like in a manager. We take out the guesswork: learn how to better manage your manager by understand different services levels, professional standards, ethics, and more. Educational Topic: Manager

Guide to Management Company Services

From small self-managed associations to high-rise towers with an on-site team, every HOA requires different levels of service. Understand how management company service levels work, and choose the right one – or none at all! – for your HOA. Educational Topic: Manager

The Annual Policy Statement & Budget Report

Remember: “budget” packages changed forever with the restatement of the Davis-Stirling Act this year. The usual budget package is now two separate disclosure mailings: associations must prepare an Annual Policy Statement and an Annual Budget Report. Make sure your association’s disclosures are meeting the requirements of the current law. Educational Topic: Annual Disclosures

Emailing Disclosures to HOA Members

Mailing annual disclosure packets to your members is expensive and time-consuming. Email is the obvious solution,

but California law places important restrictions on emailed information. Learn what you can and can’t send electronically, and what you need to do before sending your first email. Educational Topic: Website & Email

New California Laws

The legislative session is now over, and new laws have arrived! While this may not be a cause for celebration, at least you can begin to prepare. Visit our HOA Advocacy pages to find out which bills will be law in 2015, and what they mean for your HOA. Find in: echo-ca.org/advocacy

Facebook Join Our Facebook Community Want to see pictures from our last seminar? Comment on our legislative activity? We only put the latest news up on Facebook, and we’d love to hear from you. Share your experiences, read important and amusing HOA news, and connect with fellow HOA owners on ECHO’s Facebook page. facebook.com/echoorg

ECHO Journal Read the ECHO Journal on the ECHO website before it arrives at your door. We usually post the latest issue on or before the beginning of each month. Log in to browse the latest articles, or read from a huge library of past issues. Find in: echo-ca.org/journal

October 2014 | ECHO Journal

Monterey Educational Seminar Saturday, October 4, 2014 8:30 AM to 12:30 PM

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Phone: Visa/Mastercard No. Exp. Date: Signature: Return with payment to: ECHO, 1960 The Alameda, Ste 195, San Jose, CA 95126 Orders will not be processed without payment in full. Fees for cancelled registrations will not be refunded. Phone: 408-297-3246; Fax: 408-297-3517

Pleasant Hill Community Center 320 Civic Drive , Pleasant Hill, CA 94523 Price $59 – Members, $69 – Nonmember October August June 2014 2014 || ECHO ECHO Journal Journal September

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the anonymity and security that prevent street brawls.

So can we blame the corporation for foreclosures? Sure, but that would

Yet community associations are excoriated for trying to collect assessments. Why? Perhaps because people view associations more like banks, instead of what they really are—your neighbors and fellow homeowners.

There is always room for charity of course, but that can only go so far. Everyone has to pull on the rope. When someone stops pulling, the others have to pull harder. Why is that such a difficult concept to accept? Have you and your neighbors agreed to support other owners who lack the funds to support themselves? Of course not. Other than when assisted by organized charities and government aid programs,

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everyone is expected to pay their own way. Community associations are simply the legal arrangement employed to ensure that the financial load of maintaining the project is distributed equally and fairly. It is the mechanism we use to avoid having individual owners going door to door to pass the hat.

Owners can sue each other directly to enforce the rules but most would rather not do that. It’s messy and expensive and personal. Instead the corporation does it. But that doesn’t change the essential character of the dispute; it just makes it less intimate. Associations, like governments, provide

be a waste of energy. It’s merely what we create to allocate the financial burden fairly among all owners so they don’t have to do it themselves. Can we blame the board of directors for enforcing the rules? For not enforcing the rules? Yes we can and we do, but let’s be honest—aren’t we really saying: “Do this dirty job so that I don’t have to do it?” Do away with community associations and run the project as a committee of the whole? Not likely. That’s anarchy waiting to happen. No, we are stuck with government and we are stuck with community associations, warts and all. They do the messy jobs for us so we can all just be neighbors.

Tyler Berding, JD, PhD, is one of the founding principals at Berding|Weil LLP, providing a wide variety of legal services to homeowners associations. He is past president of the ECHO board of directors and an active contributor to this Journal and speaker at ECHO events.

October 2014 | ECHO Journal

SMOKING R

ecent reports indicate that only 12% of California adults smoke cigarettes. The problem is that they all live in condominiums, or so you would think from all the reports of problems we are receiving relating to complaints from the non-smokers who do not want to smell cigarettes.

By David C. Swedelson, Esq.

16 echo-ca.org

NUISANCE Secondhand Smoke + Condominiums = Trouble

October 2014 | ECHO Journal

nd the issue is not limited to cigarettes; we are hearing a lot of complaints regarding pipes, cigars and marijuana. And marijuana is becoming one of the more difficult issues to deal with, as the smokers are not that considerate, and those with medical marijuana cards think that they are impervious to criticism or the complaints of others. But the fact is that smoke can be a nuisance, and nuisance is prohibited by just about every California community associations’ CC&Rs. Someone saying that their legal right to smoke trumps the rights of the other owners is like saying that an owner can maintain their seeing/emotional support

18 echo-ca.org

animal in violation of the CC&Rs even though the dog barks all night. I trust you get the point that no one can create a nuisance. Because secondhand smoke is injurious to health according to most experts, many states and local governments, even low levels of exposure can be considered a nuisance. Many condominium associations are adopting or considering the adoption of restrictions or prohibitions on smoking in the common areas, exclusive use common areas such as balconies and patios, and even units.

A typical nuisance provision in a condominium association’s CC&Rs will typically provide as follows: “No noisy, hazardous, noxious, illegal or offensive activity shall be allowed on or emanating from any unit or from any portion of the properties, nor shall anything be done or kept in any unit or on the common area which may be or

may become an annoyance, disturbance, nuisance, or safety hazard to the other residents of the association or the neighborhood, or which shall unreasonably interfere with the quiet enjoyment of other residents.” To constitute a nuisance, the invasion of the owner’s interest in the use and enjoyment of his or her property must be substantial, based on significant harm judged by an objective standard (San Diego Gas & Electric v. Superior Court). The legal test for determining whether an owner has suffered unreasonable interference with the use and enjoyment of his or her property is whether the gravity of the harm outweighs the social utility of the offending conduct. At a typical condominium association, the affected owner(s) and the Association have “standing” to enforce the nuisance provision. The question is whether the plaintiff is going to be the association or the affected homeowner.

A number of smoking cases around the country have held that a nuisance can exist where fumes, odors or smoke are reasonably offensive to persons of ordinary sensibilities, even though they do not cause material injury to property or endanger health and safety. So, while an owner does not have to be hypersensitive or allergic to claim a private nuisance, their opinion alone is usually not enough.

Frequently Asked Questions Regarding Smoking at California Community Associations

Can Boards of Directors adopt a no smoking rule? Absolutely. But depending on the association’s CC&Rs, that rule may only apply to smoking in the common area, such as the pool or clubhouse. Depending on the language in the CC&Rs relating the association’s rule making authority, that rule may also apply to the patios or balconies. Because rules can be more easily challenged then CC&Rs, a CC&R amendment prohibiting smoking of any kind is recommended. But if the board believes that the association would not be able to pass a CC&R amendment, then a no smoking rule is the next best thing. But keep in mind that to the extent the smoke is creating a nuisance, then it is prohibited, and this can be “expressed” in the association’s rules.

Should the board amend the CC&Rs with an anti-smoking provision? As discussed above, a CC&R amendment would be the best option for eliminating smoking. Under California law, an amendment to the CC&Rs is presumed reasonable, and there is no requirement that existing smokers be grandfathered. The bigger issue is whether the association would be able to obtain the requisite approval of the owners.

Can and should the board adopt an anti-smoking rule now, pending a CC&R Amendment? Yes, especially if the board determines that immediate October 2014 | ECHO Journal

How Do You Join ECHO? Over 1,700 members benefit each year from their membership in ECHO. Find out what theyâ&#x20AC;&#x2122;ve known for years by joining ECHO today. To apply for the membership, sign up online at www.echo-ca.org. For more information about membership and ECHO, call us at 408-297-3246 or visit the ECHO website.

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action is required and the board does not want to rely only on the nuisance provision in the CC&Rs. Keep in mind that the board must follow the procedures set forth at Civil Code Â§4360 which requires a 30-day comment period and a 15-day notice period following adoption by the board.

Should the Board meet with the complaining owner? Yes, and this is a must. The board (or management for the board) should determine if there is an actual problem and not merely a hypersensitive resident that is complaining. To be a nuisance, the smoke must be substantial and unreasonably offensive to persons of ordinary sensibilities. Some courts have held that 6 cigarettes a day does not constitute a nuisance; others courts have held that 60 cigarettes is a nuisance. The board should have an evaluation made as to whether there are things the complaining owner can or should do to eliminate or lessen the extent of the smoke or odor. In addition, the association should evaluate options that the association could utilize to eliminate gaps in the unit that allow the smoke to intrude. If the Board does not feel qualified to make this determination, then it should consider hiring an expert or consultant to advise the Board on what level of odor is considered unreasonably offensive, what steps the owner can take to mitigate the problem and what steps, if any, the association can take to limit the smoke infiltration.

ecause secondhand smoke is injurious to health according to most experts, many states and local governments, even low levels of exposure can be considered a nuisance. Many condominium associations are adopting or considering the adoption of restrictions or prohibitions on smoking in the common areas, exclusive use common areas such as balconies and patios, and even units.

What about IDRâ&#x20AC;&#x201D;should the Board try to meet with the smoking owners? Yes, if possible. The Board should first verify the fact that there is an actual smoking problem and identify what the problem is (cigarettes, cigars, marijuana). The smoker needs to be educated to the fact that they cannot create a nuisance.

David C. Swedelson, Esq.is a founding principal at Swedelson Gottlieb, serving homeowners associations throughout California. He may be reached at 800-372-2207 or dcs@sghoalaw.com

October 2014 | ECHO Journal

22 echo-ca.org

By Christine Kehoe

Green Amenities for Your Property: Plug-in Electric Vehicle Charging

Looking for the next new thing to enhance your property value and show that you have all the newest amenities? Adding plug-in electric vehicle (PEV) chargers should be on your list. There are nearly 100,000 PEVs in California â&#x20AC;&#x201C; 40 percent of the national PEV market. Homeowners associations (HOAs) have already received requests for charging stations at their property or should expect to get requests soon. This is especially true in regions such as the Bay Area, greater Los Angeles, and San Diego where PEV adoption rates are high and many people live in multi-unit dwellings.

October 2014 | ECHO Journal

ere you can learn more about the PEV market, how to install charging stations, and what to consider for your unique property. The California Plug-In Electric Vehicle Collaborative (PEV Collaborative) has additional resources to help you, including case studies to show you how other properties have been successful in doing this. Why Install Charging?

Installing charging stations on your property reflects a â&#x20AC;&#x153;greenâ&#x20AC;? image that may attract future residents to your community, improves the local air quality and public health, and contributes to Leadership in Energy and Environmental Design (LEED) accreditation. Additionally, there are new and soonto-be-implemented laws that stress the ability to install charging stations at multi-unit dwellings, or MuDs. For example, Senate Bill 880 protects the rights of MuD residents, making it illegal to prohibit or unreasonably restrict the installation of charging equipment in an ownerâ&#x20AC;&#x2122;s designated parking space. Laws like this show that it is increasingly important to plan ahead for the needs of future PEV-owning community members.

What is a PEV? How do they charge? There are two types of PEVs: Battery electric vehicles (BEV) and plug-in hybrid electric vehicles (PHEV).

BEVs operate exclusively on electricity stored in batteries and have an electric motor rather than a gasoline engine.

PHEVs combine both an electric

motor and a gasoline engine in one

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vehicle. The electric motor is battery-powered and can be plugged in to recharge and the gasoline engine can be refueled with gasoline. PEVs need to be charged regularly in order to operate and to maximize their all-electric miles. There are two basic charging options that properties can consider:

Level 1: This level of charging only requires a standard 120-volt three-pronged wall outlet. All PEVs are equipped with a charging cord that plugs into these outlets.

Level 2: This level of charging requires a 208/240-volt power supply (similar to what is needed for a large household appliance like a dryer). Usually a professionally-installed charging unit is used to charge at this level.

Cost Level 2 charging equipment costs more than Level 1, but also charges a PEV faster and may offer additional features such as billing and networking capabilities. In addition to the equipment costs, wiring and installation costs need to be considered. Installation costs vary depending on where parking spaces are located in relation to electrical service, the electrical capacity on-site, and transformer/service capacity available in the community. In some installations, trenching, new meters and electrical capacity upgrades may be necessary in order to successfully complete a project. You should reach out to an electrical contractor to evaluate your site and estimate the cost of installation.

Types of Ownership and Cost Recovery You can decide to own and operate charging stations or have a third party (typically an electric vehicle service provider, or EVSP) own and operate the charging stations at the property. There are typically four ownership models: The HOA installs, manages and operates charging stations on its property. The

HOA charges residents money for use, track energy usage, and manage billing and payments. Users would be charged a flat fee added to the HOA assessment. The HOA chooses equipment and installs it on its property. An EVSP will handle the management and operation of the charging station. Users can pay a monthly flat fee for unlimited use, pay for electricity used, or costs can be allocated through a user’s subscription service or to the management company for periodic billing to the user. The EVSP provides a turnkey service and installs, manages and operates the charging stations for the HOA for a monthly fee. Similar to above, users can pay a monthly flat fee for unlimited use, pay for electricity used, or costs can be allocated through a user’s subscription service, which may encompass the cost of using public charging stations. HOA unit owners contract for their own charging stations at residents’ garages or parking spaces. Not every installation will fit the above ownership scenarios. Multi-unit properties are unique. The property’s characteristics will ultimately inform the type of installation that is most suitable for the property. For more information on this case study and to find additional case studies, visit www.PEVCollaborative.org/MuD.

Getting Your Property Plug-in Ready

1 2

Take a survey of residents and tenants to gauge interest in PEV charging.

Research the different charging options available for you. Visit www.goelectricdrive.org or www.pluginamerica.org/accessories to see which equipment fits your needs.

Contact an electrical contractor to evaluate your site and estimate the cost of installation. October 2014 | ECHO Journal

Building Repair Documents, Decks, Stairs, Settlement, Construction Defects, Expert Witnesses, Forensic Engineers, Moisture Intrusion, Investigations, Drainage, Seismic Retrofit Engineers, Soft Story Specialists.

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Contact your local utility about available electric rates or rate impact for added services. Create a goal for what you hope to accomplish with the project. Determine and revise any policies and procedures to accommodate all the property’s PEV owners with charging options. Inform all your residents about the new chargers installed.

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Resources Available The PEV Collaborative is a public/private organization focused on accelerating the adoption of PEVs to meet California’s economic, energy and environmental goals. The organization has developed the following resources for HOAs to better understand charging station installations:

Plug-in Electric Vehicle Charging Infrastructure Guidelines for Multi-unit Dwellings Plug-in Electric Vehicle Charging Guide for Property Owners, Managers and Homeowner Associations of Multi-unit Dwellings

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How Do Multi-unit Dwellings Become PEV Ready? Order today from ECHO!

Call 408-297-3246, fax at 408-297-3517 or visit us online at store.echo-ca.org

To find all of these resources, visit www.PEVCollaborative.org/MuD Christine Kehoe is Executive Director of the California Plug-In Electric Vehicle Collaborative.

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October 2014 | ECHO Journal

BOARD TIPS:

EFFECTIVE INFORMATIO DURING DISASTER and 28 echo-ca.org

It’s not a luxury, it’s a must!

ON EXCHANGE EMERGENCY EVENTS…. October 2014 | ECHO Journal

anagement of any disaster or emergency event is a complicated and multi-faceted task. One of the most important, and oftentimes overlooked, parts of any highly efficient disaster response is effective information exchange between information sources, emergency managers and those impacted by the disaster or emergency event. Hopefully for you as an HOA board member, management of disaster events is an infrequent responsibility. As a result, however, responding to them in a managerial capacity can be uncomfortable and stressful. The entire disaster management process

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is further complicated when hindered by ineffective information gathering and dissemination.

Assuming that your homeowners association has adopted a comprehensive emergency plan and has conducted adequate

preparation and training exercises, then your response to a disaster or emergency should be coordinated and highly effective. Hopefully, effective communication and information systems are included in that plan.

In 28+ years in law enforcement I personally experienced how

important effective information exchange is during emergency events. I also learned that some type of communication or information exchange failure will be the most predictable problem identified in after-action reviews.

In disaster management, reliable and timely information gathering and exchange from a variety of sources results in more effective decision making at the managerial level. In the case of a

disaster affecting your HOA, the information flowing to emergency managers could be from a variety of sources, such as residents, emergency responders, radio or television news broadcasts, specialized search and evaluation teams, and other emergency management agencies. This inflow of information needs to be reviewed, assimilated, evaluated and prioritized in order to make timely and effective managerial response and recovery decisions.

As important as the flow of information into the managers of any disaster situation is, the flow of information out to emergency responders, residents, search and evaluation teams, other emergency managers and management agencies is critical. Dissemination of timely and credible information can minimize the potential for loss of life and injury, help residents

understand the extent of the emergency, simplify first responders’ tasks, accelerate the recovery phase and minimize the overall impact of the disaster event on the community.

In order to ensure that effective information exchange occurs, planning and training need to occur. Information systems should be

adopted that enhance your board’s ability to receive and disseminate critical event information. Redundancy should also be considered, as system failures always seem to occur when those systems are needed the most!

There are a variety of different information gathering and dissemination options for your board to utilize in emergency situations. The best information

dissemination systems allow for easy communication with a large number of recipients. Websites and other electronic systems tend to work best for this. You should compare the available options with your community’s specific needs. Your property manager or an emergency and disaster response professional may be able to help guide you to the best system alternatives for your community. In closing, whenever an emergency or disaster response plan is adopted one of the most critical considerations should be effective information gathering and dissemination. Breakdowns in communication and information exchange are regularly cited as failures in actual emergency responses. Specific and redundant information systems should be adopted to best fit your specific community needs. An emergency or disaster management professional, or your property manager, may be valuable resources in ensuring that these critical considerations is not missing or deficient in your plans.

Thomas Connelly is the president of Connelly Consulting, a public safety consulting company located in Santa Clara, CA. He is a retired Captain from the Los Altos (CA) Police Department. He was the department’s Operations Division commander and developed the City’s emergency/disaster response plan. He can be contacted via e-mail: tom@connellyconsulting.org or at www.connellyconsulting.org.

Welcome Carly Melius

Carly Melius is ECHOâ&#x20AC;&#x2122;s new Director of Marketing and Membership. Carly has worked her way up through the ranks of ECHO starting as a part-time Office Assistant and more recently Office Manager organizing everything in the ECHO office.

happy and healthy communities. We give you the information and resources to ensure your meetings are productive, your budgets and reserves are adequate, your service providers are qualified, your neighbors are happy, and your association flourishes.

Before ECHO Carly worked and the Northwest YMCA where she was an Administrative Assistant. She has also done Assistant work for Santa Clara County Social Services Agency.

For our professional members, Carly will engage you to identify how we can better serve the ecosystem, and involve you in our programs so your can more easily reach and better serve HOAs. With over 1,300 HOA members and 400 professional members, we can facilitate better understanding and best practice sharing through our website, magazine, and seminars.

On a personal note Carly is a total CrossFit fanatic and has recently been in a competition where she placed in the top 10. She also loves dancing and going to the movies with her friends. Carlyâ&#x20AC;&#x2122;s goal is to make ECHO membership a valuable tool in assisting HOA board members to perform your duties and make your HOAs

Carly is here to help, so please reach out to her. She can be reached at cmelius@echo-ca.org, or on (408) 297-3246, extension 2.

We welcome Carly, and we welcome your involvement with us.

October 2014 | ECHO Journal

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A Fungus Among Us! Fungal Infections and the Drought By Elizabeth Lanham

October 2014 | ECHO Journal

ost people are already currently aware that the state of California is experiencing the worst drought in history, and our savvy followers also know that this has significant implications on both landscaping practices and the health and vigor of landscapes throughout the state. However, did you know that the drought can actually lead to an increase in fungal infections present in the trees in your landscape? Surprised? Keep reading to discover why!

Drought stress is more than just emotional…

Drought stress manifests in trees a few different ways. Direct damage includes drying of leaves, buds, shoots, bark and roots, starting from the tips of the leaves and working inward, and if too prolonged, the tree will stop the uptake of water altogether and will eventually die. Indirect damage includes slowing or complete shut down of the photosynthesis process, which slows plant growth, as well as the inability of the tree to produce defensive chemicals to protect itself from pests and diseases. Most trees are quite hardy and can be resilient to intervals of drought (even if they are not drought-tolerant), but all trees need some water to survive. Trees will seek their own water when none is provided (which is why they have such extensive root systems!) but resources are becoming scarcer than in past years.

Trees weakened by drought stress are at a greater risk of becoming infected, just as a person with a suppressed immune system is more likely to become sick. The tree’s tissues may be more easily invaded than if the tree were in a healthier condition, the tree may not be able to produce its usual defense mechanisms or put on additional growth in order to fight the infection, and some pests that carry infections may be more attracted to the trees when drought stressed. Some examples are Armillaria root rot, Dutch elm disease, Verticillium wilt, and many different cankers.

Some fungal infections have spread rapidly this year due to the late rains. Anthracnose [affects Sycamores (Platanus Spp.), Modesto Ash (Fraxinus velutina ‘Glabra’), Dogwood (Cornus Spp.), Privet (Ligustrum Spp.) and Chinese Elm (Ulmus parvifolia)] and Fireblight [affects Callery and Evergreen Pears (Pyrus calleryana and kawakamii) as well as other select trees in the Rosaceae family] are common throughout the Bay Area, and are worse this year than in past years. Fungal infections thrive in warm and wet

34 echo-ca.org

conditions, and late season rains were the â&#x20AC;&#x153;perfect stormâ&#x20AC;? to promote fungal development.

Well, what can I do about it? Different treatment methods exist for different infections. Some infections can be treated with well-timed fungicide sprays or injections, others require selective pruning, and unfortunately, some cannot be treated and require tree removal. If you are concerned about the health of your trees, Certified Arborists would be happy to help diagnose any pests or diseases and provide recommendations to help keep your urban forest as healthy as possible. By Elizabeth Lanham, Certified Arborist #WE-9234A Serpico Landscaping Tree Care Division

October 2014 | ECHO Journal

BOOKSTORE W NETION I ED

Robert’s Rules of Order Member Price: Non-Member Price:

$7.50 $12.50

A step-by-step guide to the rules for meetings of your association, the current and official manual adopted by most organizations to govern their meetings. This guide will provide many meeting procedures not covered by the association bylaws or other governing documents.

Condominium Bluebook 2014 Edition Member Price: Non-Member Price:

$17.00 $25.00

Member Price: Non-Member Price:

$17.00 $25.00

This companion to the Condominium Bluebook is an in-depth guide to all aspects of association finances, including accounting methods, financial statements, reserves, audits, taxes, investments and much more. Not for the accounting novice, this is a tool for the treasurer or professional looking for specific information about association finances.

Questions & Answers About Community Associations Member Price: Non-Member Price:

$18.00 $25.00

This well-known compact guide for operation of common interest developments in California now includes a comprehensive index of the book and a chapter containing more than 200 frequently-asked questions about associations, along with succinct answers.

For 12 years, Jan Hickenbottom answered homeowners’ questions in her Los Angeles Times column on community associations. Now collected in one volume, readers can find answers to almost any question about CIDs.

Condos, Townhomes and Homeowner Associations

Board Member Handbook

Member Price: Non-Member Price:

$29.00 $45.00

To make these a sustainable investment, new buyers, owners and board members need to understand “best practices basics” of how this form of housing works and have more realistic expectations of this form of “carefree, maintenance free” living.

Community Association Statute Book—2014 Edition Member Price: Non-Member Price:

$15.00 $25.00

Contains the current version of the Davis-Stirling Common Interest Development Act, the Civil Code sections that apply to common interest developments and selected provisions from other codes important to associations.

Home and Condo Defects Member Price: Non-Member Price:

$12.95 $17.95

Construction defect litigation can be confusing, expensive and fraught with legal pitfalls. This eye-opening guide, written by accomplished construction-defect attorneys, is an essential tool for board members who need to understand the legal process.

36 echo-ca.org

2014 Condominium Greenbook

Member Price: Non-Member Price:

$15.00 $25.00

This publication is the essential guidebook for HOA Board members, dealing with governance, finances, insurance and maintenance issues. Revised and updated in June 2012.

Reserve Fund Essentials Member Price: Non-Member Price:

$18.00 $25.00

This book is an easy to read, must-have guide for anyone who wants a clear, thorough explanation of reserve studies and their indispensable role in effective HOA planning. The author gives tips to help board members mold their reserve study into a useful financial tool.

The Condo Owner’s Answer Book Member Price: Non-Member Price:

$15.00 $20.00

An excellent guide to understanding the rights and responsibilities of condo ownership and operation of homeowner associations. The question-and-answer format responds to more than 125 commonly-asked questions in an easy to understand style. A great resource for newcomers and veteran owners.

ciation o s s A unity Book Comm Statute dition 2014 E

Dispute Resolution in Homeowner Associations Member Price: Non-Member Price:

$15.00 $25.00

This publication has been completely revised to reflect new requirements resulting from passage of SB 137.

Publications to answer your questions about common interest developments Order Online at www.echo-ca.org

Bookstore Order Form Board Memberâ&#x20AC;&#x2122;s Guide for Contractor Interviews Member Price: Non-Member Price:

EDUCATIONAL COMMUNITY FOR HOMEOWNERS 1960 THE ALAMEDA, STE 195, SAN JOSE, CA 95126 PHONE: 408-297-3246, FAX: 408-297-3517

TITLE

QUANTITY AMOUNT

$15.00 $25.00

This report is a guide for directors and managers to use for interviews with prospective service contractors. Questions to find out capabilities and willingness of contractors to provide the services being sought are included for most of the contractor skills that associations use.

SUBTOTAL CALIFORNIA SALES TAX (Add 8.625%) TOTAL AMOUNT

Yes! Place my order for the items above. Check

Board Memberâ&#x20AC;&#x2122;s Guide for Management Interviews Member Price: Non-Member Price:

$15.00 $25.00

This guide for use by boards for conducting complete and effective interviews with prosp ective managers takes the guesswork out of the interview process. Over 80 questions covering every management duty and includes answer sheets matched to the questions.

Visa

MasterCard

Credit Card Number Exp. Date

Signature

Name (please print) Association (or company) Email Address City

State

Zip

Daytime Telephone

October 2014 | ECHO Journal

directory updates

All current listings may be found in our Professionals Directory available online at www.echo-ca.org.

New Members Smithâ&#x20AC;&#x2122;s Gopher Trapping Service P.O. Box 112104 Campbell, CA 95011 Contact: Kelly Conway Tel: (408) 871.6988

Morris and Sons 390 E. Gish Rd. San Jose, CA 95112 Contact: Art Amirkhas Tel: (408) 995.6900

CM2 Construction Management 5255-A Mowry Avenue Fremont, CA 94538 Contact: Jeff Kearny Tel: (510) 775.1096

Become an ECHO Professional Member and receive the benefits of membership. To learn more, visit our membership page at www.echo-ca.org

38 echo-ca.org

advertiser index

about ECHO

ACE Property Management.................20 www.acepm.net

Focus Business Bank.............................9 www.focusbusinessbank.com

Angius & Terry......................................15 www.angius-terry.com

GET Insurance......................................27 www.hoacoverage.com

Applied Reserve Analysis....................35 www.appliedreserveanalysis.com

Medallion Landscape...........................21 www.mlmi.com

American Management Services........24 www.amspcam.com

M & C Association Management Services...........................2 www.mccommunities.com

Association Reserves...........................20 www.reservestudy.com Bay Area Property Services.................18 www.bayservice.net Benjamin Moore Paint & Company...21 www.benjaminmoore.com Berding|Weil .........................Back Cover www.berding-weil.com Collins Management............................26 www.collins-mgmt.com Compass Management Group............34 www.gocompass.com Comunity Management Services..........9 www.comunitymanagement.com Cornerstone Community Management.........................................12 www.cornerstonemgt.biz Ekim Painting.......................................25 www.ekimpainting.com Eugene Burger Management..............27 www.ebmc.com Flores Painting & Drywall....................19

Mutual of Omaha Bank.......................35 www.mutualo fomahabank.com Neighborhood Association Management.........................................15 www.neighborhoodam.com Professional Gutter Service.................19 www.guttercleaning.com PML Management................................25 www.pmlmanagement.com Pollard Unlimited.................................30 www.pollardunlimited@comcast.net R.E. Broocker Co...................................27 www.rebroockerco.com Rebello’s Towing..................................14 www.rebellos.net Silicon Valley Civil & Structural Engineers..............................................26 www.Qengineers.com Steve Tingley Painting, Inc..................20 www.tingleypainting.com Union Bank...........................................15 www.HOAbankers.com

WHAT IS ECHO? Serving Homeowners to Build Strong Community Associations The Educational Community for Homeowners (ECHO) is a nonprofit membership corporation dedicated to assisting California homeowner associations. ECHO provides help to homeowner associations on many fronts: finances, legal issues, insurance, maintenance and management. Members receive help through conferences, trade shows, seminars, online education, a monthly full-color magazine and discounted publications.

Who Should Join ECHO? If your association manages condominiums or a planned development, it can become a member of ECHO and receive all of the benefits designated for homeowner associations.

Benefits of Association Membership • Subscription to monthly magazine • Access to members-only online education • Updates to the Association Statute Book • Frequent educational seminars • Special prices for CID publications • Legislative advocacy in Sacramento

ECHO Membership Dues Association Membership HOA 2 to 25 units...........................$130 HOA 26 to 50 units.........................$180 HOA 51 to 100 units.......................$275 HOA 101 to 150 units.....................$375 HOA 151 to 200 units.....................$450 HOA 201 or more units..................$575 Professional Membership.................$499 Association Management Membership.......................................$499 Individual Membership.......................$75

How Do You Join ECHO? Over 1,700 members benefit each year from their membership in ECHO. Find out what they’ve known for years by joining ECHO today. To apply for the membership, sign up online at www. echo-ca.org.

Office 1960 The Alameda, Suite 195 San Jose, CA 95126-2308

For more information about membership and ECHO, call us at 408-297-3246 or visit the ECHO website.

August2014 2013 ||| ECHO ECHOJournal Journal February 2014 ECHO Journal October

39 39

legislation at a glimpse

The 2014 Legislative Session is over. Find out which bills are now California Law. Governor Jerry Brown was required to act on all bills before September 30th. The list below was accurate as of printing, but the status of every bill before the Governor has since changed. Check on the final outcome of each bill on ECHO’s website: www.echo-ca.org/advocacy We are incredibly grateful to the hundreds of ECHO members who wrote to the Governor to support AB 968 and to oppose AB 1738. Your contributions are an essential part of improving the law for California associations. Thank you!

Current Legislation Bill Information

Summary

AB 968

Common Area Maintenance

Support Status: Signed by Governor.

ECHO is sponsoring legislation to clarify who maintains and repairs “exclusive use common area” in associations. Current law is ambiguous about responsibility for repair and replacement, which has caused terrible building practices and unnecessary litigation. Beginning January 2017, this bill will clarify that the association is responsible for repair and replacement of “exclusive use common area” unless the association’s declaration provides otherwise.

AB 1360

Electronic Voting

Support Status: Failed passage.

This bill authorizes an association to conduct elections or other membership balloting by electronic voting. It also requires an association to provide each member with an opportunity to indicate that he or she will be voting electronically and to provide a member who did not indicate so with a paper ballot. The bill also sets forth minimum requirements of an electronic voting system for an association’s election.

AB 1738

Attorneys at Dispute Resolution

Oppose

This bill would require that association dispute resolution procedures, including internal dispute resolution (IDR), permit both the association and members to include their attorney (or another person) to participate in the proceeding. Advance notice is not required. Agreements reached in Dispute Resolution proceedings would be judicially enforceable. Statements made during this process would be admissible in future legal proceedings.

Author: Gordon

Author: Torres

Author: Chau Status: Signed by Governor.

What Do You Think? Read more about HOA legislation on our website or visit our Facebook page and join the discussion. On the web: echo-ca.org/hoa-advocacy, On Facebook: facebook.com/echoorg

40 echo-ca.org

legislation at a glimpse

Current Legislation Bill Information

Summary

AB 2100

Drought and Under-Watering Fines

Support

This bill would prohibit an association from imposing a fine or assessment against a member for reducing or eliminating watering of vegetation or lawns during a declared emergency due to drought. Associations may require that landscaping be safe and otherwise maintained. The bill would take effect immediately.

Author: Campos Status: Signed by Governor.

AB 2104

Water Efficient Landscapes

Neutral

Provides that a provision of the governing documents or of the architectural or landscaping guidelines or policies shall be void and unenforceable if it prohibits low water-using plants as group or as a replacement of existing turf, or if they have the effect of restricting compliance with local water conservation measures.

Author: Gonzalez Status: Passed Legislature. To Governor.

AB 2188

Solar Energy Permits

Oppose

This bill would expedite permits for solar panel installations. This bill would require boards to decide on applications for solar panel installations within 45 days and to notify the applicant in writing.

Author: Muratsuchi Status: Passed Legislature. To Governor.

AB 2430

HOA Transfer Fees and Disclosures

Watch

This bill would require that a seller provide a prospective purchaser with certain current documents that the seller possesses free of charge. It would also require that the seller be responsible for compensating an association, person, or entity for providing documents under these provisions.

Author: Maienschein Status: Signed by Governor.

AB 2561

Backyard Agriculture

Oppose

This bill would require associations to permit personal agriculture in a unit ownerâ&#x20AC;&#x2122;s private backyard, subject to reasonable restrictions. Homeowners associations would not be permitted to restrict the use of pesticides.

Author: Bradford Status: Amended 7/1. Senate third reading.

AB 2565

Electric Vehicle Stations

Support

Subject to certain conditions, this bill would compel a lessor in a common interest development to permit a lessee to install an electric vehicle charging station, provided the lessee agrees in writing to various requirements related to costs, insurance, and potential damages.

Author: Muratsuchi Status: Passed Legislature. To Governor.

SB 992

Drought and Under-Watering Fines

Support

This bill would prohibit an association from imposing a fine for reducing or eliminating watering of vegetation during a declared state of emergency due to drought.

Author: Nielsen Status: Signed by Governor.

SB 1026

Foreclosure Action Notice

Watch

This bill would permit an association to serve an owner or ownerâ&#x20AC;&#x2122;s representative with notice of a foreclosure action to collect delinquent assessments by posting a copy of the notice on the ownerâ&#x20AC;&#x2122;s separate interest in a manner most likely to give actual notice to the party to be served and mailing a copy of the notice, as specified.

Author: Vidak Status: Amended 4/28. In Senate Judiciary. Hearing cancelled.

October 2014 | ECHO Journal

ECHO event calendar

RESOURCE PANEL CALENDAR ECHO Resource Panels meet during lunch on weekdays to enable managers, professionals and board members to hear about important topics presented by experts in the industry, and share experiences and issues. The meetings are open to all ECHO members, and those interested in learning about ECHO, offered in a casual atmosphere where the cost of attendance is the price of your lunch. The sessions last about an hour and a half. Check-in with the ECHO Panel Secretary for details and to register.

Please join us: DATE

PANEL LOGISTICS

PANEL SECRETARY

TOPIC

Oct. 8, 11:45 a.m.

South Bay Resource Panel Buca Di Beppo 1875 S. Bascom Ave, Campbell

Rosalia Tapia, Esq. 408-369-0800, ext. 205

TBD

Oct. 10, 11:45 a.m.

East Bay Resource Panel Massimo Restaurant 1603 Locust St., Walnut Creek

Cindy Wall, PCAM 925-830-4580

TBD

Oct. 15, 11:45 a.m.

Wine Country Resource Panel Serv-Pro 377 Blodgett St., Cotati

Pam Marsh 415-686-9342

Real Estate Economics

Nov. 6, 11:45 a.m.

North Bay Resource Panel Contempo Marin Clubhouse 400 Yosemite Dr., San Rafael

Denise Wolford 415-458-3537

Water Intrusion

Nov. 11, 11:45 a.m.

Central Coast Resource Panel Michael’s on Main 2591 S Main St., Soquel

Ann Thomas 800-537-4098 ext.7530

TBD

Nov. 19, 11:45 a.m.

Wine Country Resource Panel Serv-Pro 377 Blodgett St., Cotati

Pam Marsh 415-686-9342

Law Update

REGULARLY SCHEDULED RESOURCE PANEL MEETINGS Panel

MEETING

location

Maintenance

First Wednesday, Even Months

ECHO Office, San Jose

North Bay

First Thursday, Odd Months

Contempo Marin Clubhouse, San Rafael

East Bay

Second Friday, Even Months

Massimo Restaurant, Walnut Creek

Accountants

Second Monday, Odd months

Scott’s Seafood Restaurant, Oakland

Central Coast

Second Tuesday, Odd months

Michael’s On Main, Soquel

South Bay

Second Wednesday, Even Months

Buca Di Beppo, Campbell

Wine Country

Third Wednesday, Monthly

Serv-Pro, Cotati

Legal

Quarterly

Varies

42 echo-ca.org

ECHO honor roll

ECHO HONORS VOLUNTEERS Resource Panels

Seminar Speakers

Recent Contributing Authors

Accountant Panel Marco Lara, CPA 650-632-4211

Marin David Feingold, Esq. Wanden Treanor, Esq. Glenn Youngling, Esq.

March 2014 Teresa Powell & Brian Seifert Sandra L. Gottlieb, Esq. Marc Dunia Charlotte Allen

Central Coast Panel John Allanson 831-685-0101 East Bay Panel Beth Grimm, Esq. 925-746-7177 Cindy Wall, PCAM, CCAM 925-830-4580 Legal Panel Mark Wleklinski, Esq. 925-280-1191 Maintenance Panel Judy O’Shaughnessy 408-839-6926 North Bay Panel Diane Kay, CCAM 415-846-7579 Stephany Charles, CCAM 415-458-3537 South Bay Panel George Engurasoff 408-295-7767 Wine Country Panel Pam Marsh 415-686-9342 Legislative Committee Paul Atkins Jeffrey Barnett, Esq. Sandra Bonato, Esq. Jerry Bowles Oliver Burford Joelyn Carr-Fingerle, CPA Chet Fitzell, CCAM John Garvic, Esq., Chair Geri Kennedy, CCAM Wanden Treanor, Esq.

Santa Cruz John Allanson Jeffrey Barnett, Esq. Diane Rossi, PCAM Ron Duncan Toby Goddard Piret Harmon South Bay Sharon Pratt, Esq. Rosalia Tapia, Esq. Matthew Harrington, Esq. Terin Reeder Robert P. Hall, Jr., Esq. Stephanie Hayes, Esq. Wine Country Carra Clampitt Bill Gillis, Esq. Steve Lieurance, CCAM Jim MacMillan Michael Cantarutti Paul Schultz, CLCA. San Jose John Allanson Ian Brown, CCAM David Levy, CPA Alex Noland, Esq. Jerry Bowles Bruce Stanton, Esq. Ricky Chu Dave Rosenblatt, CCAM Judy O’Shaughnessy David Kuivanen, AIA Diane Rossi, PCAM Brian Seifert Aaron Majors Dave Langridge Kelly Moss, CCAM Paul Schultz Sandra Gottlieb, Esq. Steven Weil, Esq. Stephanie Hayes, Esq. Bob Burton, CCAM Tyler Berding, JD, PhD Chris Sigler Regan Brown

April 2014 Thomas Connelly Burt Dean Walt Grady, CPA Andrea L. O’Toole, Esq. Emily K. Clark, Esq. Michael Hardy, Esq. May 2014 Scott Sommerfeld Pat Wendleton, Esq. Sharon Glenn Pratt, Esq. Glenn H. Youngling, Esq. Ken Bade, PCAM June 2014 Steven S. Weil, Esq. David Kuivanen, AIA Beth Grimm, Esq. Robert Hall, Esq. Barrett R.P. Schaefer, Esq. July 2014 Ken Kosloff, CSI, CCI Tim Polk Marilyn Lincoln Jeffrey S. Farnsworth, CCAM Paul W. Windust, Esq. August 2014 Bob Gourley Tyler P. Berding, JD, PhD Brian Seifert Steven Saarman Kenneth T. Carlisle September 2014 Matt J. Malone, Esq. Ann Rankin, Esq. Susan Oliver Samuel Anderson Bob Gourley Judy O’Shaughnessy Michael Petite

October 2014 | ECHO Journal