ECHO Journal - March 2015 by Echo

Serving

p.18

The HOA Was Sued and We Should Tenderâ&#x20AC;&#x201D; What Does That Mean? p.24

Community Associations

Reserve Study Results, What to Expect p.28

Association Internet Communications p.34

March 2015 echo-ca.org

What is Fiduciary Duty? p. 8

PRSRT STD U.S. Postage PAID Modern Litho 210

p.8

Is Your Homeowners Association Engaging in Prohibited Discrimination?

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

Board Member Fiduciary Duty

news from ECHO

News From ECHO March 2015 This year, we will host our Annual Seminar on June 20 at the Santa Clara Convention Center. You will be offered three concurrent tracks of presentations on the most important issues that affect your associations. There will also be over 100 professionals from every discipline serving community associations, available to answer your questions. You will enjoy lunch on the exhibit floor included in your registration. For those of you who can’t make it to Santa Clara, we are also hosting a 2/3 day seminar in Concord on May 9. We’ll have two concurrent presentation tracks, with the ever popular HOA University available for ECHO HOA Members only. There will be plenty of vendors to talk with, and we’ll provide lunch. Mark your calendars, and join us May 9 and/or June 20. This month’s Journal tackles five thorny issues, in an attempt to make clearer, and more practical, your responsibilities as an association board member. Volunteer boards are asked to do many things, chief among which is maintaining the assets of the association. It is your Fiduciary Duty, and how you carry out your duty is critically important to your association. Our next article investigates the nuances of discrimination in community associations, a very serious matter for boards, disabled persons and their neighbors. Know your rights and responsibilities. Insurance is complicated, but the first thing to know is when to tender. Then, learn what to expect from your reserve study. And finally, some thoughts on Internet Communications. We honor and share with you on page 31 our heartfelt sense of loss at the passing of Dorothy Kopczynski. She was a great and gracious lady, and will be missed by many. We invite you to share with us your thoughts or remembrances.

Best,

Brian Kidney Executive Director

March 2015 | ECHO Journal

CONTENTS

34 8

4 echo-ca.org

Board Member Fiduciary Duty The board of directors, and each individual board member, must act in the best interests of the corporation (not in the interests of any minority group of owners who may have elected them), must act in the same manner as an ordinarily prudent person would act under like circumstances, and must only act after reasonable inquiry.

Is Your Homeowners Association Unknowingly Engaging in Prohibited Discrimination? Homeowner associations are subject to the discrimination prohibitions of the Federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA). Know your responsibilities.

The HOA was Sued and We Should Tender— What Does That Mean? It is not uncommon for a condo association or HOA to become embroiled in some sort of dispute or litigation as a defendant, having been named in a lawsuit by a disgruntled owner. The lawsuit comes in, and after being evaluated to determine if it is a case that should be defended by the Association’s insurance carrier, it is tendered to the carrier.

Reserve Study Results—What to Expect Every Reserve Study gives you three key pieces of information, useful for annual budget planning and owners disclosure purposes. Knowing what to look for will save you time and allow you to more effectively communicate those results to others.

Advantages and Challenges of Internet Communications in Community Associations Whether it takes the form of well written letters, memos, emails, or even an old-fashioned conversation, the ability to communicate effectively is often the difference between having an impact on your audience and having your message simply fall upon deaf ears.

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 2015 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 Vice President Karl Lofthouse Treasurer Diane Rossi

DEPARTMENTS

News from ECHO

2015 ECHO Educational Calendar

NEW at echo-ca.org

Secretary Carly Melius Directors Jerry L. Bowles John Garvic Adam Haney Stephanie Hayes David Levy

Robert Rosenberg Brian Seifert Wanden Treanor Steven Weil

San Francisco Evening Seminar – Wednesday, March 4th.

Santa Cruz Educational Seminar – Saturday, March 7th.

In Memoriam, Dorothy Kopczynski

Director of Marketing & Membership Carly Melius

Wine Country Educational Seminar – Saturday, March 21st.

ECHO Bookstore

Director of Communications Tyler Coffin

Advertiser Index

ECHO Event Calendar

ECHO Volunteers

Executive Director Brian Kidney

Legislative Consultant Mazzoni and Associates Design and Production Design Site ECHO Mission Statement Serving Community Associations

March 2015 | ECHO Journal

2015 ECHO educational calendar

San Francisco

March 4

March 7

March 21

San Francisco Evening Seminar (see page 15)

Santa Cruz Educational Seminar (see page 23)

Wine Country Educational Seminar (see page 33)

Fort Mason Conference Center, San Francisco

Hotel Paradox, Santa Cruz

DoubleTree Sonoma Wine Country Rohnert Park, CA

echo-ca.org

NEW

at echo-ca.org

Quick tips and fresh insights – explore a wealth of information on our website.

Articles HOA Records Security: Homeowner Personal Information

Information security is a big deal. If you are on the board, you might not think about how much personal information the association retains for each owner – but it can be substantial. Just as associations should take reasonable steps to keep members physically safe, they should also safeguard their personal information. Educational Topic: Liability

Receivership: What Happens when an Association Fails All of the board members have resigned. Nobody wants to run for the board. Assessments are uncollected, bills unpaid, and the lawn is brown. What happens? This article describes the worst-case-scenario of “receivership,” and why your association should avoid it at all costs. Educational Topic: Lawsuits

Legislation

Is it March already? Find out what the Legislature is cooking up for us in 2015. We’ve added several new bills to our website, and we will identify several more before the month is over. Concerned about any particular bill? Let us know by contacting us through the website. Visit: echo-ca.org/hoa-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

How to Protect Your Trees from Uprooting

Drought followed by stormy weather can be rough on trees. And during a storm, improperly pruned trees can overwhelm weakened root structures and increase the likelihood of a catastrophic failure. Find out how to protect your trees through better care. Educational Topic: Trees

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

March 2015 | ECHO Journal

echo-ca.org

BOARD MEMBER FIDUCIARY DUTY A Nuts and Bolts Approach By Paul P. Terry, Jr., Esq.

March 2015 | ECHO Journal

hat is Fiduciary Duty? Although fiduciary duty and its application to the boards of directors of homeowners associations is discussed in many court cases, the basic principles are set out in a statute in the California Corporations Code Section 7231(a) defines “fiduciary duty.” It provides: A director shall perform the duties of a director, including duties as a member of any committee of the board upon which the director may serve, in good faith, in a manner such director believes to be in the best interests of the corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. This definition contains three basic prongs which a director must satisfy. First, a director must act in the best interests of the association. Second, a director must act as an ordinarily prudent person would act. Third, a director must act only after reasonable inquiry. We will examine each of these prongs in turn.

“The Best Interests of the Corporation”

Although board members are elected to serve on the board of directors, a homeowners association is not a representative form of government. Rather, it is a non-profit corporation and is governed by the rules and principles that govern all non-profit corporations. This distinction has a profound practical impact. A director does not represent a 10 echo-ca.org

constituency in the manner our elected representatives in government do. Instead, a board member must act in the best interests of the homeowners association as a whole, and can be held liable by any member of the homeowners association for acting in the interests of the minority interests which elected him or her, rather than the interests of the whole association. This does not mean, of course, that reasonable minds cannot disagree on what is in the bests interests of the association. It does mean that favoring a minority interest over the interests of the association as a whole can get a director into trouble.

above those of the association, that board member will be personally liable for any damage caused to the association. In addition, individuals elected to the board of directors by the builder may not be afforded any of the protections in California Civil Code §5800 that protect volunteer directors and probably are not covered under the association’s directors and officers liability insurance. Thus, board members elected by the builder should be especially assiduous in meeting the three prongs of the fiduciary duty standard.

This is a particularly thorny problem for individuals who are elected to the board of directors by the builder at the outset of a project. Understandably, these individuals feel an obligation to protect the builder’s interests, and it is appropriate for the builder elected board members to prevent unwarranted obstructions in the sales of the builder’s units. Indeed, this is why the Department of Real Estate permits a builder to own a separate class of membership votes that allows the builder to control the board of directors until the project is 75% sold out. But any obligation to protect the builder’s interest in selling the units is overridden by the fiduciary duty which the individual board members owe to the association, regardless of who elected them. See Raven’s Cove Townhomes, Inc. v. Knuppe Development Co. (1981) 114 Cal.App.3d 783, 797-801. If any individual board member puts the interests of the builder

“Ordinary Prudent Person”

The second prong of the fiduciary duty standard is that the director must act as an ordinarily prudent person would act in a like position under similar circumstances. Obviously, this is a somewhat vague standard. How do you judge what some other theoretical person might do under similar circumstances? Fortunately, one clear direction is contained in this standard. A director must act as a “prudent” person would. That means that the director must act in a conservative manner. Note that the standard is not that of an extremely prudent person or very prudent person, but of an ordinarily prudent person. In other words,

although a director must act in a conservative manner, it is not necessary to go overboard and always choose the most conservative alternative in every instance. A director should merely seek to avoid risk where possible while still achieving satisfactory results.

“Reasonable Inquiry”

A director must act only after reasonable inquiry. This is the standard which directors violate more than any other. Surprisingly, it is the standard which can be most easily and certainly satisfied. What does a “reasonable inquiry” mean? It means that you have to ask questions before you make a decision. We see this principle applied in numerous statutes affecting common interest developments. For example, Civil Code §5500 requires that the board of directors review, on at least a quarterly basis, a current reconciliation of the association’s bank account and reserve status. Similarly, under Civil

Code §5550, the directors are obligated to cause a study of the reserve account requirements every three years and to review that study at least annually. These statutory provisions are merely specific applications of the more general principle that a director, to fulfill his or her fiduciary duties, must make reasonable inquiry.

The Fiduciary Duty Standard in Practice In order to provide some context for these standards, we will now look a common situation affecting the board of directors of most associations at one time or another construction defects. The issue of construction defects can face any association, regardless of its age. For newer associations, the issue of construction defects usually involves potential claims against the builder. For older associations, a claim for construction defects could involve a roofing contractor who has completed a large re-roofing project, a contractor who replaces or upgrades siding, or perhaps a painter.

The situation usually begins with the most common of complaints - there is water leaking into the unit or units of homeowners. When faced with this situation, what should the board of directors do to satisfy their fiduciary obligations? Should the board hire an attorney and file a lawsuit? Should be board simply fix the leak and forget about it? Or should the board avoid spending money at all costs and ignore the situation? Looking to the standards set forth above, the first question ought to be: What are the interests of the association? In other words, regardless of how the individual board members may feel about the plight of a particular owner, what are the association’s responsibilities? If the project is a condominium, and water is leaking in through windows, siding or roofs, it would be likely that it is the THE PROPERTY LINE association’s responsibility to address the problem in some manner. On the other hand, if the project is a planned development in which the owners own the land and the structures, and the association is only responsible for maintenance of common recreational facilities, the association may have no responsibility.

March 2015 | ECHO Journal

Assuming the association has some responsibility, the next issue is what an ordinarily prudent person would do. Would an ordinarily prudent person ignore water leaking through one window into an owners unit? Probably not. An ordinarily prudent person probably would make arrangements to have the water leak fixed by a local contractor. If two owners experienced water leaks, would an ordinarily prudent person do something different? Still, probably not. However, if four or five unit owners experienced the same problem, a prudent person would become concerned. At this point, the board of directors, consistent with their fiduciary obligations, are concerned about water leakage. What does the board do now, remembering, of course, that they must act as reasonably prudent people would act. Here, we turn to the third prong of the fiduciary duty standard-reasonable inquiry. How does a board of directors conduct a reasonable inquiry?

“Reasonable Inquiry and the Safe Harbor”

Frequently, when the law imposes obligations on people, the law will also create what is commonly called a “safe harbor.” A safe harbor is typically a set of guidelines that an individual can follow, and, if followed, will protect that person from liability. The fiduciary duty statute includes such a safe harbor. It is contained in Corporations Code §7231(b), which states: “In performing the duties of a director, a director shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by:

1. One or more officers or employees of the corporation whom the director believes to be reliable and competent in the matters presented; 2. Counsel, independent accountants or other persons as to matters which the director believes to be within such 12 echo-ca.org

person’s professional or expert competence; or 3. A committee upon which the director does not serve that is composed exclusively of any or any combination of directors, persons described in paragraph (1), or persons described in paragraph (2), as to matters within the committee’s designated authority, which committee the director believes to merit confidence, so long as, in any such case, the director acts in good faith, after reasonable inquiry when the need therefor is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted.” Basically, the safe harbor allows the board of directors to rely on the advice of knowledgeable experts. Turning back to our example, when the board of directors, acting as ordinarily prudent people, developed a level of concern because four or five owners experienced the same leak, the board became obligated to conduct a reasonable inquiry. Because most directors have very little personal knowledge regarding construction, the board should operate within the safe harbor, and retain some kind of consultant knowledgeable about construction, to make that inquiry. Here we must add a warning that a director can only rely upon the opinions of experts “as to matters which the director believes to be within such person’s professional or expert competence.” This means that a director cannot act upon the statements of another director who says his brother-in-law used to be involved in construction and says that all windows leak. In such an instance, the board could have no reasonable belief regarding the brother-in-law’s professional or expert competence. A professional community manager can be of a great value in assisting a board in identifying an appropriate professional or expert. Now, because a consultant has been retained to conduct an inquiry into the nature of this problem, does that mean that the association, acting through its

board, can or should pursue litigation? Answering this question is premature. There are a number of other questions which the board should ask, satisfying its duty of reasonable inquiry, before answering the litigation question. Once the consultant has conducted a reasonable level of investigation, the consultant should report back to the board. The board should then question the consultant on a variety of topics, including:

1. Does the expert have an opinion as to the cause of the problem? 2. Does the expert have an opinion as to how pervasive the problem might be? (In other words, does this problem affect only four or five owners, or is it likely to affect the whole project?) 3. What is the cost to correct this problem?

4. Does more investigation need to be done in order to answer any of the above questions? Even after obtaining answers to these questions, the association in still not in a position to decide whether or not to pursue litigation. For example, if the project is fifteen years old and the water leakage relates to the installation of the original roof, any claim may very well be beyond the statute of limitations. The board must, again, conducting a reasonable inquiry as a reasonably prudent person would do, consult with its legal counsel. The same kinds of questions should be asked of counsel. (Frequently, the association’s counsel is involved in selecting a construction consultant and advising the association in connection with that consultant. Here, we have separated the two inquiries for the purposes of clarifying the process.) The questions to the association’s counsel should include:

1. How much is the association likely to recover if it proceeds

with litigation? 2. How much is it likely to cost to obtain that recovery? 3. How long is the litigation likely to last? 4. What would be the effect of the litigation on property values? 5. What would be the effect on property values if the association elects not to proceed with litigation? 6. What is the likelihood of success if the association pursues litigation? 7. Are there any statute of limitation issues that would preclude the association from pursuing recovery if it elects to proceed with litigation?

Component Reserve Analysis and Construction Project Management

Pollard Unlimited, Inc

Professional Service – Competitively Priced

Roger Pollard President Office: (209) 879-9113 Fax: (209) 879-9252 Email: pollardunlimited@comcast.net

March 2015 | ECHO Journal

Armed with these answers, both from a construction consultant and the association’s counsel, the association is now in a position to make a decision about whether to proceed with litigation. It is important to note that in determining whether the board met its fiduciary duty, the board’s ultimate decision is far less important than whether the board went through the process outlined above.

The Business Judgment Rule This brings us to what is known as the “business judgment rule.” The business judgment rule, as it pertains to homeowner associations, is set out in Corporations Code 7231(c) and provides: “A person who performs the duties of a director in accordance with subdivisions (a) and (b) shall have no liability based upon any alleged failure to discharge the person’s obligations as a director, including, without limiting the generality of the foregoing, any actions or omissions which exceed or defeat a public or

14 echo-ca.org

charitable purpose to which assets held by a corporation are dedicated.” Essentially, what the business judgment rule says is that if a director acts in what he or she believes to be the best interests of the corporation, in an ordinarily prudent manner, and after reasonable inquiry, that director is not liable, even if the decision turns out to have been an unwise one. In other words, a court will not allow the association to second guess the decision of its directors as long as its directors have gone through the process outlined above. The protection afforded by the business judgment rule highlights the importance of documenting in the board’s minutes the steps taken by the board to conduct the reasonable inquiry. For example, following our hypothetical situation in which four or five owners have complained of window leaks, the association might hire a consulting architect to investigate. Based on that investigation, the architect might report back to the board that without opening up the wall, he or she is unable to determine the cause of the water leakage.

The architect might also report that in the ten other windows at which he or she looked, at least half of them showed some indication that they might be leaking. Presented with this information, the board should authorize the architect to open up the walls around two or more of the windows, perhaps one of the windows known to be leaking, and one of the windows suspected to be leaking. The board might also consider a survey of all the members to determine how many owners have an indication of water leakage around their windows. Once the source of the water leakage and some basic information about how frequently the problem may exist in the project have been determined, the board should determine the cost of correcting the problem. The cost or repair should be compared against information provided by the association’s counsel as to the likely recovery in litigation, the cost of obtaining that recovery, and how long the process might take. The board is now in a position to make an informed decision. As ordinarily prudent people would do, the board

New For 2015, FREE Attendance for HOA Members!

Join us at the San Francisco Evening Seminar Wednesday, March 4th, 2015 5:00 PM to 7:45 PM Light refreshments and buffet dinner provided. /

SPONSORS

SPEAKERS

Yes, reserve ______spaces for the ECHO SF Evening Seminar Name:

• Michael Hughes, Esq. • David Levy, CPA • Steve Weil, Esq.

Email Address:

Agenda

HOA or Firm:

• Getting the Most Out of Your Manager, Lawyer, and CPA. • What Not To Do If You Are On a Board of Directors. • Understanding Contracts. • How To Deal With Apathy in Owners and/Board Members. • Which San Francisco Taxes — Parking, Gross Receipts, Payroll, Business Registration, Might You Be Subject To? • Is Your Annual Budget Report California Law Compliant?

Address: City: State:

Zip:

Phone: Signature: Return to: ECHO, 1960 The Alameda, Ste 195, San Jose, CA 95126 Phone: 408-297-3246; Fax: 408-297-3517

ADDRESS Golden Gate Room, Fort Mason Conference Center 2 Marina Boulevard, San Francisco, CA 94123 March 2015 | ECHO Journal

has not ignored the problem, but rather taken steps to determine the nature and magnitude of the problem and the available association’s options. The board has made a reasonable inquiry, and it has relied on information supplied to it by individuals whom the board believes to be reasonably knowledgeable and competent within their area of expertise. As long as the board acts in good faith, under these circumstances the board should be well within the scope of the business judgment rule, whether or not it elects to go forward with litigation. Again, the board’s consideration of each of the factors outlined above should be reflected in the board’s minutes so that the board will be able to establish to any future claimant that it satisfied its fiduciary obligations and the business judgment rule. (The reader should be aware that there are several statutes that set forth specific steps an association considering litigation against a builder must satisfy. A discussion of these statutes and their interplay with the board’s fiduciary duty is beyond the scope of this article.)

Conclusion

Amazon customers gave it a five-star rating 2015 Condominium Bluebook A Complete Guide to Condominium Living

Member Price: $17.00 Non-Member Price: $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.

16 echo-ca.org

Order today from ECHO!

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

Although the proceeding discussion uses a hypothetical construction defect problem to illustrate the three prongs of the fiduciary duty standard, the same analysis could be applied to any of a variety of situations which face boards of directors on a regular basis. The important factors to keep in mind are that the board of directors, and each individual board member, must act in the best interests of the corporat ion (not in the interests of any minority group of owners who may have elected them), must act in the same manner as an ordinarily prudent person would act under like circumstances, and must only act after reasonable inquiry. Not only will meeting all three prongs satisfy a director’s fiduciary obligations to the association, it is a practical approach to problem solving that will inevitably lead to positive results. Paul P. Terry, Jr., Esq., is a founding Partnerl of Angius & Terry, LLP. Mr. Terry specializes in construction, community association and insurance law. He can be reached at pterry@angius-terry.com.

February 2015 | ECHO Journal

Is Your Homeowners Association Unknowingly Engaging in...

Prohibited Discrimination? By Patricia Wendleton 18

echo-ca.org

March 2015 | ECHO Journal

o any of these situations sound familiar? A resident of the association is so obsessed with association rules that he or she engages in unauthorized policing of the association property. A resident is hypersensitive to noise, such as children at play in the common area, and constantly complains. One of the residents hears sounds which no else does or which could not have possibly been made. An owner comes to board meetings with complaints, suggestions or information that does not really make sense given the surrounding facts. A resident is usually

20 echo-ca.org

explosive in response to encounters with other residents or concerning perceived disrespectful responses from other residents. A residentâ&#x20AC;&#x2122;s behavior is simply bizarre. A residentâ&#x20AC;&#x2122;s maintenance of his or her unit or exclusive use common area is creating an unhealthy situation.

If any of these situations strike a chord, your association might have a disabled resident for which accommodations need to be made. Before coming down hard on the resident in responding to complaints, the association should consider whether the source of the conduct is a mental disability requiring the association to approach the situation with a knowledge of the applicable fair housing law.

Homeowner associations are subject to the discrimination prohibitions of the Federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA). And, you might be surprised to learn that homeowner associations are also subject to the Unruh Act, which is usually thought to apply only to commercial business enterprises. 1 The FHA was passed by the United States congress in 1968. Discrimination under the FHA occurs when:

1. an individual suffers a handicap as defined by the act, 2. the individual has a record of an impairment or being regarded as having such an impairment, 3. reasonable accommodation of the handicap may be necessary to afford an equal opportunity to use and enjoy the dwelling; and

4. the association fails to make an accommodation. The FHA defines a handicap as a physical or mental impairment which substantially limits one or more of such per sonâ&#x20AC;&#x2122;s major life activities. The FEHA was developed to provide at least the protection of the federal law, but is independent of the federal law and is applied more liberally. Like the FHA, FEHA violations occur if :

1. the individual suffers a disability as defined by FEHA, 2. the Association knew or reasonably should have known of the disability, 3. an accommodation of the disability is necessary to afford an equal opportunity to use and enjoy the dwelling; and 4. the association failed to make such accommodation. Prior to both the FHA and FEHA, the California Unruh Act was enacted in 1959. Like FEHA, violations of the Unruh Act occur when:

1. an individual suffers from a disability as defined by FEHA, 2. the individual is perceived to have a disability by the association, 3. an accommodation of the disability is necessary to afford an equal opportunity to use and enjoy the dwelling; and 4. the association refused to make such accommodation. Generally speaking, it is not difficult for an association to know when an individual has a physical disability. The bigger March 2015 | ECHO Journal

physical or mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling.

learning disabilities, that limits a major life activity. For the purposes of this section: a. ‘Limits’ shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.

challenge for an association occurs when an individual has a mental disability. As set forth above, the disabled person need not necessarily advise the association of the disability. FEHA imputes knowledge of the disability to the association if it reasonably should have known of the disability. The Unruh Act can be triggered if the association or its members perceive the individual to have a mental disability. California broadly defines a mental disability. Both the Unruh Act and FEHA rely on the definition of a mental disability provided in Government Code section 12926(j). This section of the Government Code defines a mental disability, in part, as follows: “‘Mental disability’ includes, but is not limited to, all of the following:

1. Having any mental or psychological disorder or condition, such as an intellectual disability, organic brain syndrome, emotional or mental illness, or specific

b. A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. c. Major life activities’ shall be broadly construed and shall include physical, mental, and social activities and working.” (Emphasis added.) 2 Government Code section 12926.1 provides, in part: “The Legislature finds and declares as follows:

b. The law of this state contains broad definitions of physical disability, mental disability, and medical condition. It is the intent of the Legislature that the definitions of physical disability and mental disability be construed so that applicants and employees are protected from discrimination due to an actual or perceived

c. Physical and mental disabilities include, but are not limited to, chronic or episodic conditions such as ... clinical depression, bipolar disorder... In addition, the Legislature has determined that the definitions of ‘physical disability’ and ‘mental disability’ under the law of this state require a ‘limitation’ upon a major life activity, but do not require, as does the federal Americans with Disabilities Act of 1990, a ‘substantial limitation.’’’ (Emphasis added.) These broad definitions can easily create a trap for an association dealing with an odd, difficult or demanding individual. The association is likely to react adversely to this individual. The association might even go so far as to sanction the person in some manner. Yet, when the odd, offensive or demanding behavior arises out of a mental disability, the association is required to reasonably accommodate the behavior. What is required to accommodate the mental disability is never an off-the-shelf solution. The association will need to be flexible, open-minded and possibly creative in approaching a reasonable accommodation. Business establishment has been held to include a homeowners association. O’Connor v. Village Green Owners Association (1983) 44 Cal.3d 790. 1

A plaintiff ’s inability to perform a specific type of position is a limitation on the major life activity of “working’ as defined under the FEHA, notwithstanding plaintiff ’s ability to perform other jobs. Bryan v. United Parcel Service, 307 F.Supp.2d 1108, 1115 (N.D. Cal. 2004.)

Patricia Wendleton of Pratt & Associates in San Jose, CA, specializes in civil litigation, with substantial experience in community association, construction defects and transactional law. She can be reached at 408-369-0800, or pwendleton@prattattorneys. 22 echo-ca.org

New For 2015, FREE Attendance for ECHO HOA Members!

Santa Cruz Educational Seminar Saturday, March 7th, 2015 8:30 AM to 12:30 PM /

SPEAKERS • Diane Rossi, PCAM, CCAM • Nora Brink, CMCA, CCAM • Brian Seifert • Jeffrey Barnett, Esq.

Yes, reserve ______spaces for the Santa Cruz Seminar. Amount enclosed: $______(attach additional names) Name: Email Address: HOA or Firm:

TOPICS • Manager Versus Board Member Roles. • Construction Best Practices. • 2014 legislation and Case Law Update.

SAVE THE DATE!

Visit echo-ca.org/events for the latest information and online registration. ADDRESS

Address: City: State:

Zip:

Phone:

Hotel Paradox 611 Ocean Street Santa Cruz, CA 95060

Visa/Mastercard No. Exp. Date:

Price

Signature:

FREE for Pre-registered ECHO HOA Members $50 – Nonmembers and Walk-ins

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

March 2015 | ECHO Journal

The HOA Was Sued and We Should Tender â&#x20AC;&#x201C;

What Does That Mean? By David Swedelson, Esq.

March 2015 | ECHO Journal

t is not uncommon for a condo association or HOA to become embroiled in some sort of dispute or litigation as a defendant, having been named in a lawsuit by a disgruntled owner. The lawsuit comes in, and after being evaluated to determine if it is a case that should be defended by the Association’s insurance carrier, it is tendered to the carrier. The fact that the Association has been named in the lawsuit raises several questions:

What does “tendering the lawsuit” mean? “Tendering the lawsuit” means that the lawsuit is sent over to the association’s insurance carriers for defense. The insurance company’s obligations to provide indemnity or defense to the lawsuit is triggered by the tender. The tender is usually made by the association’s management, legal counsel or the board of directors and is usually accomplished by sending the lawsuit paperwork (the summons and complaint) to the association’s insurance broker/agent or carrier, as the case may be.

Should the board tender the lawsuit? Yes! While there should be an evaluation made as to whether the claim is likely to be covered by the association’s insurance carrier for defense, if the lawsuit has been filed by a homeowner against the association, in most cases, the lawsuit should be tendered to the carriers that provide general liability and D&O (directors and officers) coverage. If the lawsuit has been filed by a vendor 26 echo-ca.org

against the association for nonpayment of the contract price, even if the association has a defense, those claims are almost always not defended or indemnified by the association’s insurance carrier. There may be an occasion where the association does not want to tender the case. For example, a lawsuit filed by a homeowner where it is clear that there is no actual case. But failing to tender can be risky.

Which carrier will defend the association? Associations almost always have general liability and D&O liability insurance. If the lawsuit involves personal injury or property damage claims, and if the claims are covered by the policy (and not all are), the lawsuit will be defended by the general liability carrier. If the lawsuit makes claims other than personal injury or property damage, than it may be covered by the association’s D&O liability insurance.

What is meant by “indemnity and defense”? The two primary obligations that an insurance carrier has with respect to what is called a “third party” claim (to be differentiated by a first party claim made by the association itself ) is the obligation to defend and indemnify the association, the board members and perhaps committee members that have been named in that lawsuit. In this context, a “defense” means to provide legal counsel and/or pay for attorney fees and costs that are incurred in defending the lawsuit. “Indemnity” means paying the amount of any judgment or award that is given to the plaintiff.

Who selects the lawyer to defend the lawsuit?

Once the lawsuit has been tendered to the association’s insurance carrier, the insurance carrier usually selects the attorney. While there may be the rare occasion when the association gets to select its own attorney, for the most part, the insurance carrier will send the lawsuit to its “panel” counsel to represent and defend the association in the lawsuit.

What is “panel counsel”? Insurance carriers typically have “panel counsel” which is a selected attorney or attorneys who typically provide insurance defense services for that carrier. Sometimes, the panel counsel is an in-house law firm or attorney. Often, it is a separate law firm. And sometimes, the carrier does not have local panel counsel, and they will allow the association’s legal counsel to defend the lawsuit (but this is a rare occurrence).

What is a “Reservation of Rights” letter? Almost always, an insurance company will issue a letter regarding the extent of coverage that will be provided by the insurance carrier for the lawsuit. The letter is typically referred to as their “Reservation of Rights” letter (or ROR letter), as the letter will define the claim and the coverage under the policy and will set forth certain “reservations” as to the insurance company’s obligation to indemnify the association. If any of the claims in the lawsuit are covered, the insurance company will most likely be obligated to provide a defense to all claims. The letter may say that in the event that there are any damages awarded to the plaintiff and against the association which are not covered by the policy, the insurance carrier reserves the right not to pay those damages. Often, the reservation letter will also say that the carrier may decide to withdraw all obligations to defend and indemnify, depending on the facts that are

determined through the lawsuit process. These reservation letters should be reviewed by the association’s legal counsel, and the board should be aware of the limitations on the coverage provided by the carrier. In some cases, the insurance carrier may even have the right to seek reimbursement for some of the fees they paid for the defense for uncovered and “reserved” claims.

What is “Cumis” counsel? Under certain circumstances, an association may be able to appoint its own counsel to defend the association in a lawsuit. That independent counsel is typically referred to as Cumis counsel. Cumis was an individual who sued his own insurance carrier, claiming that there was a conflict of interest between the insurance carrier and Cumis, and Cumis did not believe that the insurance carrier’s assigned defense attorney would adequately protect his rights. The court agreed, and in those situations

where the insurance carrier does reserve rights, the court determined that the insured may be entitled to select its own defense attorney. The holding in that case has been further defined, and the extent to which an association may be entitled to a defense by counsel of its choosing has been limited by the legislature. Now, the reservation which would trigger Cumis counsel must be what is called “outcome determinative”. That means that if the insurance defense attorney would have the ability (not to say that they would) to direct the case so that it would be decided against the association as an uncovered claim versus a covered claim, then under that limited situation (which is often difficult to establish), the association may be entitled to its own independent counsel.

Should the association’s own counsel be involved in the lawsuit?

Under The answer is sometimes, and it depends. These days, there are many exclusions in insurance policies which may limit what the insurance carrier will pay as part of its indemnity obligation. For example, if there is mold involved in the claim, it is likely that the carrier will not pay for any of the costs relating to the removal of the mold. In some cases, it may even affect the carrier’s obligation to defend. And there may be issues relating to what needs to be repaired, and the carrier may look to the association to make certain common area repairs. Under these circumstances, it is wise for the association to have their own counsel involved in monitoring the lawsuit and perhaps attending certain key meetings or conferences with the carrier and/or defense counsel. David Swedelson is a community association legal expert. He can be contacted via email: dcs@sghoalaw.com

March 2015 | ECHO Journal

Reserve Study Results

echo-ca.org

What to Expect By Robert M. Nordlund, PE, RS

March 2015 | ECHO Journal

very Reserve Study gives you three key pieces of information, useful for annual budget planning and owners disclosure purposes. Knowing what to look for will save you time and allow you to more effectively communicate those results to others. The three results are:

• What you are reserving for, • Strength of the Reserve •

Fund, and Recommended Funding Plan

FIRST The first is the Reserve Component List. While different Reserve Study Levels of Service (Full, With-Site-Visit Update, No-Site-Visit Update) differ in how thorough the Reserve Component list was assembled (created entirely “from scratch”, a site inspection updating information from a prior analysis, or an update without a site visit), the Reserve Component List defines the Reserve obligations of the association. The list of your Reserve Components should 30 echo-ca.org

remain relatively stable from year to year, with the only changes being adjustments to Useful Life, Remaining Useful Life, and Current Replacement Cost.

SECOND Second is a presentation of the Reserve Fund Strength, one of two calculations performed on the Reserve Component List. Reserve Fund strength is typically reported in terms of Percent Funded, the result of a comparison between actual Reserve Fund cash and the computed deterioration of your Reserve Components (called the Fully Funded Balance). While it is important for the owners to be told the actual cash balance in their Reserve Fund, it’s also important for owners to be told the adequacy of their Reserves! This is because $100,000 or $500,000 might sound like a lot of cash, but it may be woefully inadequate based on upcoming expenses projected at the association.

THIRD Third and finally is a recommended Reserve contribution rate, often called the Reserve Funding Plan. While the first two results are disclosures, this result is a recommendation for action, designed to

In Memoriam, Dorothy Kopczynski Dear ECHO Members, It is with great sadness that we must share the news of the passing of our friend Dorothy Kopczynski. For over 33 years Dorothy worked at the heart of ECHO as a steadfast employee and a wonderful and loving friend to all who knew her. Dorothy began her career at ECHO in 1979 when ECHO and the idea of Homeowners Associations were very new. Originally, she worked from home managing the office and her household. At the same time she was raising two sons, Jan and Mark, whom she loved dearly. In 1992 ECHO moved into offices and Dorothy followed, bringing her gentle nature, a tireless work ethic, and a remarkable skill for working with people. During her 33 years with ECHO, Dorothy created community gently by building friendships with unwavering patience and understanding. In an industry where conflict sometimes seems to be a constant, Dorothy’s warmth softened divisions and helped mold our unique community. She provided consistently quiet guidance to Executive Directors and board members alike while building relationships between our HOA and professional members.

In 2012 Dorothy retired to spend time with her family and her grandchildren whom she adored. While Dorothy avoided the camera and public recognition. You would be hard-pressed to find her on a podium or in the pages of the Journal. She was present at every event and meeting and was ECHO’s unmistakable voice. Many of you may recall her voice on the phone, always one of sincere and effortless kindness. We all welcomed her warmhearted words which greeted every member, every event attendee, and every volunteer for more than three decades. We are reminded of her presence every day in the community that she helped to build, and by our members who still call and ask for her either by name, or for “the kind lady from the South.” ECHO’s staff, our Board of Directors, and our long-time members are immensely grateful for Dorothy’s work and for her friendship. Dorothy believed in family and she made us feel like a part of hers. We are lucky to have had her in our lives and we appreciate what she did for ECHO — but we loved her for who she was. We miss her dearly.

Please share your special memories of Dorothy with the ECHO community. You may email them to us at tcoffin@echo-ca.org. We also have a post on our Facebook page where you can share a comment or story: facebook.com/echoorg March 2015 | ECHO Journal

take the Reserve Fund from its current condition (result #2 above) to the association’s chosen Funding Objective. The Funding Plan is therefore highly influenced by the Funding Objective and the current Reserve Fund Status. A conservative “Full Funding” objective will result in contributions (only) a few percentage points higher than contributions pursuing an aggressive “Baseline Funding” objective. And remember that any Funding Plan that begins at a weak starting point will have higher Reserve contributions than if the association had a strong starting point.

CONCLUSION Simply summarized, look first for “what you are reserving for”, “where you are now” and “where to go from here”! Robert M. Nordlund, PE, RS, is President, Association Reserves—Los Angeles. Association Reserves is a recognized industry authority in preparing reserve studies for community associations. Robert can be reached at rnordlund@reservestudy.com.

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

32 echo-ca.org

New For 2015, FREE Attendance for ECHO HOA Members!

Wine Country Educational Seminar Saturday, March 21st, 2015 8:30 AM to 12:30 PM /

TOPICS and speakers • Management Best Practices: Carra Clampitt, CCAM, and Jeff Farnsworth, CCAM • Insurance Necessities: Christi Spina • Legal Update: Barrett Schaefer, Esq.

Yes, reserve _____spaces for the ECHO Wine Country Seminar Amount enclosed: $______(attach additional names) Name: Email Address: HOA or Firm:

SAVE THE DATE!

Visit echo-ca.org/events for the latest information and online registration. ADDRESS

Address: City: State:

Zip:

Phone:

DoubleTree, Sonoma Wine Country One DoubleTree Drive, Rohnert Park, CA 94928

Visa/Mastercard No. Exp. Date:

Price

Signature:

FREE for Pre-registered ECHO HOA Members $50 – Nonmembers and Walk-ins

March 2015 | ECHO Journal

Internet Communications 34 echo-ca.org

in Community Associations By Bob Gourley March 2015 | ECHO Journal

36 echo-ca.org

hether it takes the form of well written letters, memos, emails, or even an old-fashioned conversation, the ability to communicate effectively is often the difference between having an impact on your audience and having your message simply fall upon deaf ears. Community websites, email, and social media outlets such as Facebook and Twitter have added yet another level of complexity to the communication skills needed to run a successful community association. This article will discuss the advantages and challenges of these new communication tools for the successful community association.

can be left unopened as Inboxes are stuffed with all sorts of emails. While it is still a solid option, email is not as effective as it once was.

The primary advantages of using the internet to convey your message are speed and cost. The primary advantage is that delivery is practically instantaneous and the cost is usually free. The challenges include the ability to manage all aspects of the communication process, including potentially damaging comments from participants. The advantages and challenges need to be weighed carefully by a community’s Board of Directors before a full internet communication campaign is deployed. Let’s look at the most common examples.

Facebook and Twitter are the most common forms of social media used by consumers. The popularity of these free and easy to use communication tools has made them dominant in their field. While both can be useful for communicating with community association members, neither is without its drawbacks. Facebook, the more popular of the two, is designed to create interaction amongst members. Since you can’t control the interaction between members, Facebook postings could give troublemakers a forum to cause problems. Twitter is a bit easier to control by allowing posted stories to be viewed only. However, that doesn’t stop a reader from reposting the story and adding their own spin.

Email Email is the most commonly used internet communication tool. It has evolved over the years and its primary advantage is that it allows all residents with email addresses on file to be reached with the same message at the same time. The challenge is getting the email read and responded to in timely fashion. Email

Community Websites If you already have a community website, you know the value of having a virtual community at the disposal of residents 24 hours per day, 7 days per week, and 365 days per year. Many simple tasks can be handled through a community website. Everything from clubhouse hours to community rules can be posted for all to see. The primary challenge of a community website is keeping the content fresh and interesting for website users. Fresh content is the key to getting community members to use the site on a regular basis. You will need a Website Committee or a paid third party to keep your content fresh.

Social Media

Other Factors Internet communications may or may not satisfy communication requirements between an association and its members. I have always advised my clients

to publish all communications on paper and to allow for an “opt-in” measure for allowing members who prefer to receive their communications via the internet to do so. Printed communications that have been properly delivered should satisfy notification requirements in the event a problem or lawsuit were to occur. Printed and mailed communications simply better protect the association.

Conclusions Mailed communications are still considered the gold standard when it comes to keeping association members informed. It also satisfies the legal requirements for providing proper notice for important items like Annual Meetings and budgets. Email and community websites are a close second as they offer the best options for controlling the message that is delivered. I generally advise against social media for community associations as I have found that the disadvantages of giving a forum to potential troublemakers outweigh the benefits of a “free” communication tool. Bob Gourley is Founder of MyEZCondo, a communications firm that produces newsletter and website content material for condominiums and homeowner associations throughout the USA. He also serves as Board President of his local HOA. As originally appeared in CondoManagement Magazine. March 2015 | ECHO Journal

BOOKSTORE The ECHO Bookstore is your source for publications providing essential information for HOA Board Member service obligations. Order online at echo-ca.org or fill out form on the facing page. 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.

Condos, Townhomes and Homeowner Associations 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.

38 echo-ca.org

2014 Condominium Greenbook 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

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.

Board Member Handbook 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

March 2015 | ECHO Journal

directory updates

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

New Members Onyx Protective Services 1999 South Bascom Ave. 7th Floor Campbell, CA 95008 Contact: Kyle Madej Tel: (408) 429.8013

Insight Community Management Solutions, Inc. P.O Box 2700 Granite Bay, CA 95746 Contact: Judith Nixon Tel: (916) 342.5320

Sevpro of Petaluma & Rohnert Park 373 Blodgett St. Cotati, CA 94931 Contact: Joshua Wikoff Tel: (707) 588.8226

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

40 echo-ca.org

advertiser index

about ECHO

American Management Services........11 www.acepm.net

Focus Business Bank www.focusbusinessbank.com............27

A.S.A.P. Collection Services.................32 www.asapcollect.com

GET Insurance......................................22 email: getinsurance4u@aol.com

Associa Northern California M & C Association Management Services...........................2 www.mccommunities.com

Malarkey Roofing.................................17 www.malarkeyroofing.com

Berding Weil..........................Back Cover www.berding-weil.com Collins Management............................32 www.collins-mgmt.com Compass Management Group............21 www.gocompass.com Cornerstone Community Management.........................................32 www.cornerstonemgt.biz Eugene Burger Management Co.........12 www.ebmc.com Flores Painting & Drywall....................21 Email: FPDinc@sbcglobal.net

Mutual of Omaha Bank.......................16 www.mutualofomahabank.com Neighborhood Association Management.........................................30 www.neighborhoodam.com Pollard Unlimited.................................13 www.Pollardunlimited@comcast.net R.E. Broocker Co...................................13 www.rebroockerco.com Rebello’s Towing..................................14 www.rebellos.net Silicon Valley Civil & Structural Engineers................11 www.Qengineers.com Union Bank...........................................20 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

Office

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.................$500 Association Management Membership.......................................$500 Individual Membership.......................$75

How Do You Join ECHO? 1960 The Alameda, Suite 195 San Jose, CA 95126-2308

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

August 2013 ECHO Journal Journal February March 2014 2015 || ECHO Journal

41 41 41

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

March 5, 11:45 a.m.

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

Denise Wolford 415-458-3537

Insurance Claims

March 10, 11:45 a.m.

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

Ann Thomas 800-537-4098 ext.7530

Overview of

March 18, 11:45 a.m.

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

Pam Marsh 415-686-9342

Dispute Resolution

April 8, 11:45 a.m.

South Bay Resource Panel Flames Eatery 88 S. 4th Street, San Jose

Geri Kennedy 408-398-4227

TBD

April 10, 11:45 a.m.

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

Cindy Wall, PCAM 925-830-4580

TBD

April 15, 11:45 a.m.

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

Pam Marsh 415-686-9342

Bending the Board

NFPA 25 & 72

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

Flames Eatery, San Jose

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 Adam Haney, CPA 888-786-6000 x317

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

August 2014 Bob Gourley Tyler P. Berding, JD, PhD Brian Seifert Steven Saarman Kenneth T. Carlisle

Central Coast Panel John Allanson 831-685-0101 East Bay Panel 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 Susan Hoffman, PCAM 510-683-8614 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

September 2014 Matt J. Malone, Esq. Ann Rankin, Esq. Susan Oliver Samuel Anderson Bob Gourley Judy O’Shaughnessy Michael Petite October 2014 Tyler Berding, JD, PhD. David C. Swedelson, Esq. Christine Kehoe Thomas Connelly Elizabeth Lanham November 2014 Sean Andersen, RS Jeffrey A. Barnett, Esq. Tom Fier Colletta Ellsworth-Wicker, PCAM Richard Tippett December 2014 Sandra M. Bonato, Esq. Tom Fier Sara McLean Paul Schultz January 2015 Tyler Coffin Sara Montecino Stephanie J. Hayes, Esq. Steven S. Weil, Esq. February 2015 Tyler Berding, Esq. David Levy, CPA Carra S. Clampitt, CCAM Shelly L. Coleman, Esq. Regan Brown Robert E. Aune, Esq.

March 2015 | ECHO Journal