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What’s in Your Paint?
The Easiest Ways to Cut Your Utility Costs in 2017...
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Serving Community Associations
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How to Make Condo Boards Successful: The Ultimate Checklist p.30
Important Tax Law Changes
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March / April 2017 echo-ca.org
ECHO 1960 The Alameda STE 195 San Jose, CA 95126 Change Service Requested
The Art of Maintenance. The Key to Optimum Building Health
PRSRT STD U.S. Postage PAID Modern Litho 210
news from ECHO
News From ECHO March 2017 Is it ever going to stop raining? Between this writing and your reading, we are supposed to enjoy a respite, but the old song says April brings more showers. What to do? This spring we will bring you answers to questions about how your community can weather the whiplash between drought and storm. In this edition of the ECHO Journal, the Saarmans discuss the Art of Maintenance, and Dunn Edwards describes What’s in Your Paint. Get ready because the time for repairing what’s damaged or worn is coming, and you need to be ahead of the game to achieve the best results. We are also bringing you answers at our seminars in: Santa Cruz, Wine Country, East Bay, San Francisco, and our Annual Seminar. Check out the line-up for each on pages: 7, 14, 25, 34 and 43. We have a fantastic array of speakers and topics, and there’s nothing like hearing from experts first hand and asking them your questions directly. For those who can’t wait, or prefer to get information online, please visit our website at www.echo-ca.org for access to previous editions of the ECHO Journal, web sized articles on diverse topics, and a searchable version of statutes that govern common interest developments in California. Finally, if there’s anything we can do to make your membership experience better, please let me know.
Best,
Brian Kidney Executive Director
March/ April 2017 | ECHO Journal
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CONTENTS 8 26 35 IMPORTANT
TAX LAW CHANGES 30 20 Successful Condo Boards
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The Art of Maintenance. The Key to Optimum Building Health Maintenance is the essential proactive step necessary to keep the building envelope functioning, to stop water infiltration and, thereby, to postpone nature from turning our homes into good compost.
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What’s In Your Paint? The variety of paint products offered can be overwhelming. And with each variety of paint offering different properties that affect the outcome of a design project, understanding what's in a can of paint is key to success.
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The Easiest Ways to Cut Your Utility Costs in 2017.... By understanding what utility tariffs are and which ones are available, residents can unlock a new way to save more money in less time.
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How to Make Condo Boards Successful: The Ultimate Checklist One of the questions I’m often asked is what makes a condo board successful. I’ve been in the thick of things as President of my condo board, and I’ve spoken to people involved with dozens of other condo boards. From that experience, I’ve compiled the ultimate checklist of best practices for condo boards to make them stand out from the rest.
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Important Tax Law Changes Believe it or not, there have actually been a number of recent federal tax law changes that effect homeowner associations and they mostly have to do with filing dates.
The ECHO Journal is published bi-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 2017 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 Adam Haney Treasurer Diane Rossi
DEPARTMENTS
3 6 7 14 25 34 36 37 38 41 42 43
News from ECHO 2016 ECHO Educational Calendar Santa Cruz Educational Seminar — March 11th, 2017 Wine Country Educational Seminar — March 25th, 2017 East Bay Regional Seminar — April 29th, 2017 San Francisco Evening Seminar — May 16th, 2017 ECHO Volunteers ECHO Event Calendar ECHO Bookstore Advertiser Index Legislation at a Glimpse ECHO Annual Seminar — June 10th, 2017
Secretary Carly Melius Directors Sandra Bonato Jerry L. Bowles Rolf Crocker John Gill David Levy
Karl Lofthouse Robert Rosenberg Jeffrey Saarman Brian Seifert Wanden Treanor
Executive Director Brian Kidney Director of Marketing & Membership Carly Melius Director of Communications Tyler Coffin Design and Production Design Site ECHO Mission Statement Serving Community Associations
March/ April 2017 | ECHO Journal
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2017 ECHO educational calendar
2017 ECHO Educational Seminars
San Rafael
If you’ve ever wished that ECHO would hold a seminar closer to your association, chances are that we’ll be nearby during 2017. 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!
San Francisco
Mar. 11
Mar. 25
Apr. 29
Santa Cruz Educational Seminar (see page 7)
Wine Country Educational Seminar (see page 14)
East Bay Regional Seminar (see page 25)
Hotel Paradox Santa Cruz, CA
DoubleTree Rohnert Park, CA
Concord Hilton Concord
DATE
EVENT
May 16
San Francisco Evening Seminar (See page 34)
June 10
ECHO Annual Seminar (See page 43)
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Register today! Online: www.echo-ca.org; By Phone: 408.297.3246
FREE Attendance for ECHO HOA Members!
Santa Cruz Educational Seminar Save the Date! Saturday, March 11th, 2016 8:30 AM to 12:30 PM /
Yes, reserve ______spaces for the Santa Cruz Seminar. Amount enclosed: $______(attach additional names) Name: Email Address:
TOPIC
SPEAKER
Roofs and Rain Aging in Place Fair Housing
Brian Seifert Diane Rossi, PCAM Emily Clark, Esq.
HOA or Firm: 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/ April 2017 | ECHO Journal
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The Art of Maintenance The Key to Optimum Building Health
I
n today’s environmentally conscious society, recycling is a way of preserving resources for our future. Decomposition is nature’s way of recycling nutrients for the health of our planet. Most of our homes are built of wood and, in the presence of water, they will naturally decompose. This is fine for nature but not for our homes, especially at the accelerated rate we often see in poor construction or repair work. Maintenance is the essential proactive step necessary to keep the building envelope functioning, to stop water infiltration and, thereby, to postpone nature from turning our homes into good compost.
By Steven Saarman Revised by Jeff Saarman & David Saarman
March/ April 2017 | ECHO Journal
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What is the building envelope? The exterior shell of a building is comprised of interrelated building component systems forming the building “waterproof� envelope. It is intended to form a protective shield from the elements. The building envelope encompasses the roofing system, the exterior wall system including all penetrations and attachments (i.e. stairs, fire escapes, wood decks, doors, windows, etc.), the waterproofing of any horizontal surfaces (i.e. membrane decks, plaza, shelves etc.) and the waterproofing of below grade structures (i.e. garages, storage areas, etc.).
Building Testing
Building Envelope
When these systems are correctly integrated together, a building can function in a superior fashion. To achieve the full life expectancy of each building component and to prevent premature failure, timely maintenance is the key ingredient, and the key to great maintenance programs is attention to the details. Broad stroke, generalized maintenance programs aimed at aesthetic satisfaction often give a false sense of security, until the day the guillotine drops and extensive decay is encountered. When a premature special assessment is necessary, everyone asks, “How could this happen? Everything looks so great.�
Collapsed Deck
Unfortunately, maintenance is an art that needs to be carefully planned and executed. Its success hinges on execution with attention to the details. This approach does cost incrementally more money, but it preserves the maintenance investment you are making. You achieve a much greater life expectancy of your building components and great savings overall. When creating a maintenance program, each common interest development is
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unique and therefore requires a customized program. There are numerous product choices for every building component, each with its own performance, maintenance and life cycle characteristics. Also, each building within a development will experience different environmental microclimates that alter individual building envelope component performance (i.e. magnetic orientation, sunny side, windy side, rain exposure, tree and shade coverage, etc.) A true matrix of all variances can become daunting. Therefore, it is inevitable some broad stroke guidelines will be necessary in any maintenance program, especially if the development is large with multiple buildings.
Maintenance is comprised of four subcategories:
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Routine Maintenance Preventative Maintenance Programs
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Deferred Maintenance
Emergency Maintenance
Routine maintenance involves the day-to day activities necessary to maintain cleanliness, safety and support the upkeep of the property. This program must be in line with the all-encompassing preventative maintenance program. Unskilled routine building upkeep has the potential to be very destructive and costly, because it inherently favors band aid fixes, which can unknowingly severely damage building envelope components. For example, strategically applied caulk is good, but a lot is not necessarily better! Preventative maintenance programs are inherently proactive. Their goal is to anticipate and prudently maximize the life expectancy of building envelope components, HVAC and mechanical systems, common site elements, landscaping, drainage and plumbing systems.
Building Decay
These programs are designed around the “Big picture.” They function generally on multiple year intervals for most components and not on the day-today issues. They anticipate that between years 20 to 25 most of the building envelope components will probably need to be replaced. These programs are intimately linked with reserve studies. Hopefully mid-life crisis is experienced with the coffers full and value motivated decisions can be made. A maintenance history over 15 to 20 years should reveal which components worked well and which didn’t on your specific site. Then come the questions-do you replace in-kind or do you re-design and select alternate materials? These become particularly tough financial decisions when the component(s) in question have not failed over 100 percent of all areas. How do you integrate the old with the new and do you even want to continue using the original material? Many associations face this dilemma, particularly with their siding and roofing material options. Deferred maintenance is a position taken by some associations to postpone maintenance on specific components. This decision is often based on contractor availability, seasonal timing or lack of adequate funds. Considerations that must be taken into account when maintenance is deferred include:
• Will other building components be adversely affected? • Will there be additional costs incurred (i.e. decay, structural damage, etc.)? • Are any health or safety issues being compromised? In general, costs always increase with time; deferring maintenance is generally very costly. Emergency maintenance is unforeseen and requires immediate attention. It is rarely funded in reserve studies. A small contingency allocation to handle just such occurrences is prudent in your reserves. It should take into consideration age of existing components, past 12 echo-ca.org
FREE Attendance for ECHO HOA Members!
Wine Country Educational Seminar Save the Date! Saturday, March 25th, 2017 8:30 AM to 12:30 PM /
Yes, reserve _____spaces for the ECHO Wine Country Seminar Amount enclosed: $______(attach additional names)
TOPIC
SPEAKER
HOA Banking Management Essentials Legal Update
Geri Kennedy Carra Clampitt, CCAM Barrett Schaefer, Esq.
Name: Email Address:
ADDRESS
HOA or Firm: Address: City: State:
Zip:
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
DoubleTree Sonoma Wine Country, One Doubletree Drive, Rohnert Park, California, 94928, USA PRICE
FREE for Pre-registered ECHO HOA Members $50 Nonmembers and Walk-ins. January/ February 2017 | ECHO Journal
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history of problems and some potential move-out costs for owners. Setting up an effective maintenance program requires time, knowledge and expertise to assess the existing conditions of the site and buildings and to define the scope requirements adequately. This information must then be integrated with the association’s maintenance goals and their acceptable quality standards, which have a direct impact on costs. It is a good long-term idea to standardize reconstruction details, (i.e.; decks, landing, trim, etc.) and materials to be used (i.e.; windows, grades of lumber, etc.) for all present and future repair work. Such a program allows for continuity and uniformity of details to flow through the changing of boards of directors. This process has both aesthetic and efficiency components. Remember, this program is dynamic and should be modified as appropriate with time. In looking at the life expectancy of individual building envelope components, in light of a proactive maintenance program, the exterior siding component is first on the list of repair cost importance.
This component has the greatest potential for major financial impact if it is not maintained properly.
Roofing, windows, decks, landscaping, and foundations can be maintained, repaired or replaced individually with only a small (or no) impact on the exterior siding. Conversely, when work is performed on the exterior siding, all the other building components are tied into the repairs to some degree. For this reason, we will review some good practice procedures and manufacturers’ guidelines for maintenance of common siding products used in residential housing.
Wood shingles, plywood siding and hardboard siding are all wood products. As such, there are certain maintenance standards that apply universally as well as product-specific guidelines to be followed.
Maintenance inspections should be done at least twice a year, once in the spring and once in the fall. Spring inspections will reveal areas where winter conditions have accelerated paint film deterioration or siding damage. Fall inspections will reveal how the intensity of longer daily sun exposure, heat and greater temperature variations have affected the siding and the trim. Siding tune-ups including resetting loose nails (which actually funnel water into your building when protruding), caulking, and spot-painting should be implemented now in preparation for winter. Fall weather conditions are still favorable enough to perform these maintenance procedures.
Some basic guidelines for all wood siding are listed below. Periodically wash painted surfaces with water and mild detergent to remove accumulated dirt and air contaminants. Frequency will be location dependent. But beware-high-pressure water cleaning can cause damage to paint and wood substrates and is not recommended, particularly with Masonite siding.
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Periodically check landscape sprinklers so that water does not spray the siding. Landscape foliage should be cut back at least 12 inches away from siding. This helps reduce mildew accumulation and surface abrasion during windy conditions. Divert drainage water from the roofs away from the siding with diverters or gutters. It is bad practice to allow roof water to run down siding or to free fall from the eaves and back-splash your siding. If there are any open areas in your siding, you’ve increased the chances of water intrusion. Back-splashed water hits siding at its most vulnerable lower drip edge and often carries dirt that can stain siding and elevate moisture levels on the siding, which is a firm “no-no.” Maintain at least 6 inches of clearance from the bottom edge of your siding above finished landscape grade. Two inches clearance is generally recommended to horizontal surfaces such as decks and sidewalks. Note: Masonite guidelines recommend 6-inch clearance at all times. Never allow siding or trim to stand in water, be in direct contact with concrete or masonry without specific backside protection or be in continual contact with moist or wet surfaces. When wood stays moist and its water content exceeds 19 percent, wood decay, molds and mildew will flourish. This is when decomposition of your building starts, just as nature intended. Masonite hardwood siding has some product-specific recommendations. A high quality paint, both primer and topcoat applied per the same manufacturers’ specifications, is recommended. Satin/ semi-gloss or full gloss exterior acrylic latex or oil-based paints offer the best results. Replace any loose or cracked caulk with an exterior acrylic latex caulk or equal. Do not use hard setting caulks. After your surface has been properly prepared, spot prime as necessary or fully prime if the existing paint has eroded enough for the substrate to show through. A total field-applied dry film thickness of at least 2.5 mils is required on Masonite siding. This requires the application of two or more untwined topcoats. Application by brush is recommended over roller and spraying because it tends to apply the most paint per coat. Spraying tends to apply the least paint 16 echo-ca.org
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per coat. Repainting costs will follow the same gradient in coverage, with hand brushing as the most costly. Shakertown panel shingles, as most true individually laid shingles, are made of western red cedar. It is a highly durable product and can be left unfinished. When left unfinished, the weather-exposed side of the shingles erodes with time until there is no wood left. Stains, both semi-transparent and full-bodied, are the recommended top finish and will extend the useful life of the shingles. Greater pigment increases UV protection; therefore, there is less wear on your shingles. The downside of higher pigment content is that it covers up the natural beauty of the wood. Unlike paints, stains allow natural moisture to escape without causing blistering and cracking of the surface film coating. If a thicker coating than a full-bodied stain provides is required, an exterior latex paint may be used; it is recommended over an oil-based paint because it is more porous and will allow moisture to escape. For optimum· shingle performance, a yearly fall inspection is recommended to prepare for winter. As shingles age and weather, they will naturally cup and crack. Cracking increases with age. Replacing missing shingles or refastening loose portions of shingles is good winter preparation. If your shingles have been stained, anticipate the lead time to get a contractor to do your work before the rains start. Plywood sidings are generally stained or painted and rarely left untreated. Because they generally offer structural reinforcement to buildings, their wear surface is not sacrificial, like a shingle. As with all painted surfaces, spring and fall inspections are recommended; these inspections are meant to detect problems before they become serious. One of the greatest problems with plywood panel siding is the use of belly bands to cover the horizontal joint between vertically stacked panels. This inherently traps moisture against the siding, promoting conditions favorable to decay. Worse yet, this decay condition will affect the perimeter nailing area of two separate panels. Shear strength is achieved in plywood primarily through perimeter edge nailing. This condition
can only be rectified through a redesign of the existing condition, which is costly.
In general, the lowest annual maintenance cost is achieved by choosing the highest quality paint system specified to meet individual site conditions. Follow this up with timely inspections and spot-priming all potential problem areas. This will increase the service life of the current paint job by reducing the frequency of complete repainting jobs and offer the best protection to the siding substrate.
Normally, when inspecting any exterior siding, look for areas of water staining, discoloration or warping. These are all indications that water is getting in
behind the siding. Remember, water always runs downhill; so look above signs of distress for the source of water infiltration. Suspect areas are always penetrations in the siding (i.e. windows, doors, etc.), points of attachment to the siding that require special flashings to accommodate transitions in plane (i.e., guardrails, handrails, decks, shelves, etc.) and where the siding interfaces with another building envelope component. Keen, observant eyes, a good proactive maintenance program and a commitment to make a difference will save an association frustration and money. Money saved and not needlessly spent collects interest. Vote “Yes” on commitment and “No” on building compost!m
Original article by Steven Saarman and now edited by Jeffrey Saarman and David Saarman. Jeffrey Saarman is a member of the ECHO Board of Directors.They can be reached at www.saarman.com.
March/ April 2017 | ECHO Journal
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What’s
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By Dave Heiligenthal
In Your Paint?
March/ April 2017 | ECHO Journal
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n our educational series on paint and color technology, we begin with a review of one of the basics – what’s in paint. The variety of paint products offered can be overwhelming. And with each variety of paint offering different properties that affect the outcome of a design project, understanding what’s in a can of paint is key to success.
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.
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All paints generally have four main ingredients — pigments, binders, solvents (liquids) and additives. Pigments provide color and hide, while binders work to “bind” the pigment together and create the paint film. Solvents are the liquids that suspend the ingredients and allow you to place the paint on the surfaces, and additives are ingredients that provide specific paint properties such as mildew resistance. All four ingredients combine to provide paint that meets your specific design needs. To begin...
PIGMENTS Provide Color, Hide and Bulk Pigments are finely ground particles that are dispensed into paint and provide color and hiding properties. There are two primary types of pigment — prime pigments and extender pigments. Prime pigments are those that contribute to both wet and dry hide in paint. Titanium dioxide (TiO2 ) is the most costly pigment and it contributes directly to a paint’s wet hide, while providing whiteness. Colorants are prime pigments that provide the actual color within the can. There are two main types - organic and inorganic.
• Organic colorants provide the brighter colors, and examples of these pigments include hansa yellow and phthalo blue. These are not very durable for exterior paint application. • Inorganic colorants are the duller, earthy colors and are more durable for exterior paint application. Examples of these kinds of pigments include red oxide, yellow ochre and umber. Extender pigments are lower cost pigments that give extra weight or bulk to the paint. These types of pigments contribute only to a paint’s dry hide, but are necessary in order to control gloss. Some extender pigments also provide additional film performance in the areas of scrub or abrasion resistance. Commonly used extenders include clay, silica, diatomaceous silica, calcium carbonate, talc and zinc oxide.
• Clay: Used mainly in interior paints, clay provides hiding power. • Silica: Provides enhanced durability in exterior paints as well as scrub and abrasion resistance. • Diatomaceous silica: Consisting of fossilized organisms, this form
of silica is used to control sheen levels. • Calcium Carbonate: Used in both interior and exterior paints, calcium carbonate, also called chalk, is a general purpose, low cost, low hide pigment. • Talc: Also called magnesium silicate, talc is a soft, general purpose extender pigment. • Zinc oxide: Used primarily in primers and exterior paints, zinc oxide provides mildew resistance, corrosion inhibition and stain blocking support.
BINDERS Provide Performance and Support for Dry Paint Film Binders are ingredients that provide a binding effect that holds the pigments together to create a dry film on the surface. A paints binder is the key ingredient that directly relates to a paint’s performance, including adhesion, washability, scrub resistance, fade resistance or gloss retention.
Alkyd (oil) based binders are made from various oil derivatives such as linseed oil, tung oil, and soya oil. Traditional alkyd paints dry to a very hard finish and provide superior adhesion and flow and leveling; however, they will yellow in light colors and are prone to oxidation and chalking when used on exterior surfaces. As technology and VOC restrictions have changed
over the years, fewer paints today are made with traditional alkyd binders. A newer technology based on modified oil binders is available; alkyd emulsion. This type of hybrid binder gives you oil-like performance with the ease of soap and water clean-up. Alkyd-emulsion paints dry harder, flow more smoothly than typical latex paints; however, they may still yellow in lighter colors. If used on exterior surfaces
subjected to UV exposure, alkyd-emulsion paints may eventually oxidize, and chalk over time. Latex binders are used in water-based paints. There are various types of latex binders available, such as 100% acrylic, styrene acrylic or vinyl acrylic, each providing specific performance characteristics. March/ April 2017 | ECHO Journal
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• 100% Acrylic binders: often used in exterior paints as the benefits include adhesion (both wet and dry), fade resistance, alkali and efflorescence resistance. 100% acrylic binders are typically regarded as the best overall performing. Adhesion under wet conditions allow for greater performance in blister, cracking and peeling resistance. UV fade resistance allows the painted surface to retain its color and sheen longer. Alkali resistance means the paint is less likely to “burn” over fresh concrete or masonry. • Vinyl acrylic, also called PVA, binders: often used in interior paints as the benefits include scrub resistance and washability. • Styrenated acrylic binders: often used in masonry primer/ sealers and top coats due to its resistance to alkali burn and efflorescence,
SOLVENTS (LIQUIDS) Provides a vehicle for the pigment and binder to get from the can onto the surface Solvents, or liquids, are the vehicle for allowing paint to get from the can to the surfaces and these types of liquids differ depending on the type of paint. Combining the pigments and binders, considered solids, with the liquids, creates the paint coating you see in the paint can.
• Oil-based and alkyd paints: the liquid is typically paint thinner or other type of solvent.
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• Latex paints: the liquid is primarily water. Higher-quality paints allow for more solids, typically 35-40%, depending on gloss level. Solids by volume indicate how much paint will remain on the surface after the liquids have evaporated. The overall paint performance is directly attributable to the make-up of the solids. Just because a paint has high solids by volume does not always translate to a high quality product.
ADDITIVES Provide additional property enhancements Additives are used in paints to create additional performance properties and the most commonly used are:
• Thickening agents: provides “viscosity” or additional thickness so the paint can be applied properly; also allows for better “flow and leveling” and resists a splatter effect when rolling out the paint • • Surfactants or soaps: provides paint stability so the paint won’t separate; also keeps the pigments
dispersed in the liquid to allow for better hiding power and additional assurance for color accuracy • Biocides: in latex paints, there are two types of biocides used – a preservative to keep bacteria from growing; and a mildewcide to discourage mildew growth • Defoamers: provides a way to break bubbles as they are formed during the paint manufacturing process, when paint is shaken at the tint center and when paint is applied onto a surface • Co-solvents: provides additional liquids to the water and can assist the binders in forming a good film when applied in cold temperatures and assists brushing properties so paint has time to be applied before drying All four ingredients are key to creating the foundation for a top-quality paint. Happy painting!
Dave Heiligenthal is a Product Manager for Dunn-Edwards paints, an ECHO member firm. All images by Dunn-Edwards Paints® and courtesy Rohm & Haas
FREE Attendance for ECHO HOA Members!
EAST BAY REGIONAL SEMINAR Saturday, April 29, 2017
HOA University covers the basics
Choose from two presentation tracks
Hot Topics includes two lawyers and a banker
Learn how to interpret your key financial documents
Bring your Insurance questions!!
Join other HOA owners and ECHO members at the Concord Hilton for a half-day seminar with two separate tracks of professional speakers, a room full of exhibitors to answer your questions, and continental breakfast.
YOUR REGISTRATION INCUDES: N
Complete event details and online registration is available at our website: www.echo-ca.org/events
• Access to professional exhibitors
• Continental Breakfast • In-depth instruction • Members-only board training course; a certificate will be issued to those participating in all three sessions.
Visit the ECHO website for complete event details: www.echo-ca.org/events
March/ April 2017 | ECHO Journal
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The Easiest Cut Your Ut in 2017‌ Many residential consumers are currently unaware of one of the easiest ways to reduce their cost of living. By Erin Kelly
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Ways to tility Costs
March/ April 2017 | ECHO Journal
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S
ome residential consumers spend hours researching different smartphone data plans and cable services to save only a few dollars a month. By understanding what utility tariffs are and which ones are available, residents can unlock a new way to save more money in less time.
What Are Utility Tariffs?
A utility tariff is a pricing structure that an energy provider charges a customer for energy usage. In other words, it is a set schedule of fees often expressed in dollars per kilowatt-hour (kWh) determined by the utility company in conjunction with local government regulation. Typically, tariffs consist of two parts: a fixed charge for the supply of energy to a location and the variable charge based on actual energy consumption.
Types of Tariffs
Consumers should choose a tariff that best matches their behaviors, lifestyle, and preferences. Some tariffs provide a flat rate, meaning the price of electricity is constant throughout the day, while others incorporate time of day and season into their configurations. Combinations of rate types may also be available. Below are some of the most common tariffs offered to residents by their utility providers.
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Standard Rate: This tariff is a simple rate plan that is comprised of a base charge and a consistent price per kilowatt-hour regardless of the time of day or day of the year. It is typically best for those who want to lock into one price and need to use energy in the middle of the day from Monday to Friday.
Flat Bill Rate: Some utilities offer a tariff that levels out monthly payments by calculating a consumer’s average bill over a 12-month period and charging this amount each month. This option helps reduce fluctuation in monthly payments that may result from variations in weather.
Time-of-Use Rate: The time-of-use rate is based on the amount of energy used during specific times of the day or year. For instance, during on-peak hours, when energy demand is high and the utility grid is at or near capacity, the price of electricity may be 25 cents per kWh, whereas during off-peak hours, the price may only be 6 cents per kWh. Some rates may also or only differentiate by on and off-peak seasons.
Tiered Rate: A tiered rate is one that charges a baseline price for the first stated quantity of electricity with pricing that progressively increases as the consumer hits the second, third, and fourth tiers.
EV Rate: Owners of electric vehicles may be able to enroll in a rate plan that allows them to charge their cars at night at a significantly lower price.
Feed-in Rate: This policy applies to those generating on-site renewable energy and is based on the amount of energy customers can inject back into the grid. In this case, the utility provider pays the customers in alignment with how much energy they produce, the size of their systems, and the type of technology in place.
How Your Utility Tariff Options Are Determined A plethora of factors plays into the different types of tariffs a utility offers and the specific prices associated with those tariffs.
Utility Costs: One component includes the utility’s cost of operating and maintaining its facilities. Generally, the more the utility must pay to supply energy, the more it will charge its customers, unless it receives government subsidies. The price of raw materials and type of electricity generation (e.g. coal, gas, oil, nuclear, wind, solar) can drive utility costs up or down as well.
Seasonal Shifts in Temperature: Seasonal shifts in temperature also impact rate structures. In climates with a larger range of temperatures, consumer demand for heating and cooling is likely higher, which can drive up energy prices. However, some utilities actually decrease prices during the peak demand season to avoid inflicting extra financial burdens on their customers.
Government Regulations: Local governments can distort competitive market pricing by dictating what prices a utility can charge. Sometimes, governments will give subsidies to utilities that provide energy to sparsely populated areas to make it economically viable. Additionally, governments can assign markets as either regulated or unregulated, affecting a utility company’s ability to price its own energy.
Switching Utility Tariffs Can Save Your Money
Switching to the optimal tariff can save a consumer hundreds of dollars a year. In order to choose the right tariff, a consumer must consider his sensitivity to price fluctuation and unpredictability, his current energy consumption behavior, and his willingness to shift energy usage to different times. Customers who pay close attention to what appliances are running when should likely pick a different tariff than customers who are mainly concerned with seeing consistency in their billing. Many utility companies have rate calculators on their websites that ask questions to help customers identify their best rate plan.
How To Request a Different Tariff Customers can request a different tariff either by filling out a form online on their utility’s website, which may involve a wait period and electronic signature, or by calling their utility provider directly. No cost is typically attached to a tariff change. The utility often requires its customers to agree to a one or two-year contract with the new rate structure.
The Takeaway Saving money on utility bills does not always stem from using less energy. By tracking energy consumption and understanding the breadth of tariffs that are available, residential consumers can easily reduce monthly spending without the hassle of switching providers. Erin Kelly is the Director of Operations for Pacific Utility Audit, Inc. March/ April 2017 | ECHO Journal
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How to Make Con Successful: The U
30 echo-ca.org
ndo Boards
4
ltimate Checklist
By Pat Crosscombe
O
ne of the questions I’m often asked is what makes a condo board successful. I’ve been in the thick of things as President of my condo board, and I’ve spoken to people involved with dozens of other condo boards. From that experience, I’ve compiled the ultimate checklist of best practices for condo boards to make them stand out from the rest. In no particular order, here are my top suggestions:
Introduce sound policies Good governance begins with good policies. Every condo board needs to have policies in place for governance, finances, and communication. Check out the links for more details on each category!
Aim for a balance of director expertise Condo boards don’t get to handpick their directors, but every board can strive for a balance of skills and expertise. For example, it can be helpful to have a director that understands the legal side of things and another with a background in financial management or accounting.
Add officers to bring in needed skill sets Officers do not vote and are not elected, so there is much more freedom with their selection. Once the board is elected, the directors can appoint officers to fill any 32 echo-ca.org
gaps in expertise. Being an officer for a year or so is also valuable training before becoming a director. Adding officers lightens the overall work load of the board and when specific skills are needed their knowledge can be extremely valuable.
Create committees Anyone can be on a committee. I’ve seen many condo boards that have created committees for things like organizing social events, looking after gardens, and writing newsletters. Because committee members don’t have to be official board members, this is also a fantastic way to get new people involved. I recommend including a board member or officer on each committee, to liaise between the board and the committee. If this isn’t possible, consider asking the committee chair to attend board meetings whenever an update is required.
Have written job descriptions for director positions Current or potential directors may not know what is required of a President or a Treasurer. Giving every director a clearly defined role results in a board that understands their respective responsibilities.
Don’t leave positions vacant Appointing a new director as soon as a position becomes vacant is a good practice. It is not easy to find a new director but the sooner a replacement is appointed the better. There is always a concern that the remaining directors will be overworked (and then also leave the board) because too much is expected of them. Directors are volunteers and are already making a significant time commitment to serve on the board.
Make documents available before being asked Make all relevant documents available to everyone. Transparency is key.
Keep corporate records organized and accessible Condo records – like meeting minutes and financial statements – are crucial to a condo corporation. These records must be organized, up-to-date, and easily accessible to everyone who needs them. Directors must remember to start saving corporate records as soon as they join the board – if they wait until they leave the board, it will be too late.
Practice consistent and reasonable rule enforcement Condos have lots and lots of rules. Enforcing all these rules is not so easy. Rule enforcement requires two key aspects. Be consistent and be reasonable. Being consistent means that rules are applied equally with all the owners. No one is granted special permission to ignore a rule. Being reasonable means that after an owner is informed of a rule violation, he or she is given a reasonable amount of time to fix the problem before the board takes the next step.
Commit to proactive maintenance It pays to be proactive. Maintaining building systems proactively identifies small problems before they becoming giant disasters. Conducting annual inspections of major building systems costs money in the short-term but pays off in the long run. I know of a board of high-rise tower that replaces all the unit
furnace filters on an annual basis. Replacing filters improves furnace efficiency and prevents damage to more expensive parts. As the saying goes, an ounce of prevention is worth a pound of cure. Overall, condo boards should strive for balance, proactivity, and transparency. Having the proper balance of skills and understanding ensures that the board is knowledgeable and able to get the
job done. Proactivity and transparency keeps minor issues from becoming more significant. By following this checklist, every condo can be successful. Pat Crosscombe is the founder and CEO of BoardSpace, a company that provides software for condo boards and property managers. She is back on her condo board as president after a three-year break. She can be reached at 613-790-0225 or pat@boardspace.ca. March/ April 2017 | ECHO Journal
33
FREE Attendance for ECHO HOA Members!
Join us at the San Francisco Evening Seminar Tuesday, May 16, 2017
/
5:30 PM to 7:30 PM
Register online at www.echo-ca.org or fill out the form below.
Yes, reserve ______spaces for the ECHO SF Evening Seminar Amount enclosed: $______(attach additional names)
SAVE THE DATE
Name:
Hear from lawyers about your fiduciary duty and how to deal with pesky problems in your association.
Email Address:
Light snacks and refreshments will be served.
HOA or Firm:
ADDRESS
Address: City: State:
Zip:
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
Fort Mason 2 Marina Boulevard, San Francisco, CA 941 23
PRICE Free for Pre-registered ECHO HOA Members. $50 Nonmembers and Walk-ins.
IMPORTANT TAX LAW CHANGES Believe it or not, there have actually been a number of recent federal tax law changes that affect homeowner associations and they mostly have to do with filing dates: 1. Form 1120/1120-H. Beginning with yearends of December 31, 2016, the due date is going to be April 15 and no longer March 15. The extended due date will be October 15. There are similar, but not exact, filing and extended due date changes for other yearends. It is likely that California will follow the federal changes. 2. Form 990. Beginning with yearends of December 31, 2016, filing extensions of 6 months will be allowed rather than the current 3 month extension and then, after 3 more months have passed, another 3 month extension needs to be filed. 3. Form 1099-MISC and W2s. Beginning with the 2016 year, the due date for filing with the IRS/ SSA is going to be the same as that for sending to the employee/individual: January 31, 2017.
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ECHO honor roll
ECHO HONORS VOLUNTEERS Resource Panel Chairs
Seminar Speakers
Recent Contributing Authors
Accountant Panel Adam Haney, CPA 888-786-6000 x317
East Bay Marion Aaron, Esq. Charlotte Allen William Countner Marc Dunia Stephanie Hayes, Esq. David Hughes David Levy, CPA Alex Noland, Esq. Jordan O’Brien, Esq.
Nov/Dec 2015 Beth A. Grimm, Attorney Karl lofthouse James H. Ernst, CPA, MS-Tax Tim Polk Julie Mouser, Esq.
Central Coast Panel John Allanson 831-685-0101 East Bay Panel Brian Kidney 408-297-3246 Legal Panel Mark Wleklinski, Esq. 925-280-1191 Maintenance Panel Judy O’Shaughnessy 408-839-6926 North Bay Panel Kevin Boland 415 898-4370 South Bay Panel Brian Kidney 408-297-3246 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 Roy Helsing Geri Kennedy, CCAM Wanden Treanor, Esq.
Annual Seminar Julie Adamen John Allanson Tyler Berding, JD, PhD William Countner Rolf Crocker Marc Dunia Lisa Esposito John Garvic, Esq. Sandra Gottlieb, Esq. David Hughes Michael Hughes, Esq. David Levy, CPA Julie Mouser, Esq. Sharon Pratt, Esq. Ann Rankin, Esq. Rob Rosenberg Deon Stein, Esq. Steven Weil, Esq.
Jan/Feb 2016 Beth A. Grimm, Attorney Matt Haulk, Esq. Larry J. Pothast, PCAM, CCAM David J. Larsen, Esq. Jeffrey A. Barnett, Esq. March/April 2016 Julie Adamen Neal Back, CPA Harvey Radin David Kuivanen, AIA Joel Meskin, Esq., CIRMS, CCAL May/June 2016 Steven S. Weil, Esq. Graham Oliver Wayne Scott Steve Saarman Jordan M. O’Brien July/August 2016 Joel W. Meskin, Esq., CIRMS Victoria Cohen Mary Anne Sayler Richard Tippett Tom Fier, Esq. September/October 2016 Sandra L. Gottlieb, Esq. David Swedelson, Esq. Sharon Glenn Pratt, Esq. Glenn H. Youngling, Esq. Berding | Weil Rich Ellenson November/December 2016 Joe Winkler, CMCA Clint McClure, CCAM Cameron Day, Esq. Julie M. Mouser, Esq. Adrian Adams, Esq. Wayne Louvier, Esq. January/February 2017 Sandra L. Gottlieb, Esq., CCAL Burt Dean Cameron Day, Esq. Jo Pope David Levy, MBA, CPA
36 echo-ca.org
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 2, 11:45 a.m.
North Bay Resource Panel Contempo Marin Clubhouse 400 Yosemite Dr., San Rafael
Denise Wolford, CCAM 415-458-3537
Landscaping and Ordinances
March 7, 11:45 a.m.
Central Coast Resource Panel The Back Nine Grill, 555 Hwy 17 (Pasatiempo Exit), Santa Cruz
Anne Thomas 800-537-4098 ext.7530
TBD
March 16, 11:45 a.m.
Wine Country Resource Panel Serv-Pro 377 Blodgett St., Cotati
Pam Marsh 415-686-9342
Landscaping and Fire Protection
April 12, 11:45 a.m.
South Bay Resource Panel ECHO Office, 1960 The Alameda San Jose
Brian Kidney 408-297-3246
TBD
April 14, 11:45 a.m.
East Bay Resource Panel Massimo Restaurant 1604 Locust St., Walnut Creek
Brian Kidney 408-297-3246
TBD
May 4, 11:45 a.m.
North Bay Resource Panel Contempo Marin Clubhouse 400 Yosemite Dr., San Rafael
Denise Wolford, CCAM 415-458-3537
Short Term Rentals and Drones
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
The Back Nine Grill, Santa Cruz
South Bay
Second Wednesday, Even Months
TBD
Wine Country
Third Thursday, Odd months
Serv-Pro, Cotati
Legal
Quarterly
Varies
March/ April 2017 | ECHO Journal
37
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.
NEW ON TI I D E
Robert’s Rules of Order Member Price: $7.50 Non-Member Price: $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.
Home and Condo Defects Member Price: $12.95 Non-Member Price: $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
2016 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.
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.
Construction Defect Claims Member Price: Non-Member Price:
$19.95 $25.00
New buildings can conceal extensive faults. It’s a board’s worst nightmare—rainstorms damage buildings and bring owner complaints. Is legal action necessary? With this new book, you’ll learn about the resolution process for construction problems, and how to handle complex claims.
Condominium Bluebook 2016 Edition Member Price: $17.00 Non-Member Price: $19.95 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 frequentlyasked questions about associations, along with succinct answers.
ciation o s s A unity Book Comm Statute dition 2014 E
Publications to answer your questions about common interest developments Order Online at www.echo-ca.org
Bookstore Order Form
EDUCATIONAL COMMUNITY FOR HOMEOWNERS 1960 THE ALAMEDA, STE 195, SAN JOSE, CA 95126 PHONE: 408-297-3246, FAX: 408-297-3517
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March/ April 2017 | ECHO Journal
39
directory updates
All current listings may be found in our Professionals Directory available online at www.echo-ca.org.
New Members Bryzek CPA 3461 Castro Valley Blvd. Castro Valley, CA 94546 Contact: Ian Bryzek, CPA Tel: (510) 538.6014
US Metro Bank 1055 N. Tustin Ave. Anaheim, CA 92807 Contact: Claudia Benight Tel: (714) 399.0007
Dagizmo 565 Ortega Ave. #6 Mountain View, CA 94040 Contact: Dani Jordan Tel: (214) 587.0254
Wyman Property Management 2010 Jefferson St. Napa, CA 94559 Contact: Brad Bowles Tel: (707) 224.0400
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
Applied Reserve Analysis....................22 www.appliedreserveanalysis.com
Levy, Erlanger & Company..................18 www.hoa-cpa.com
Barcode Automation, inc. ...................13 www.Barcode-Automation.com
Malarkey Roofing Products.................17 www.malarkeyroofing.com
Benjamin Moore Paint & Company...........................................16 www.benjaminmoore.com
Morris & Sons Towing..........................35
Berding Weil.............. 2, and Back Cover www.berding-weil.com The Bridgeport Company....................16 www.bridgeportco.com Cornerstone Community Management.........................................33 www.cornerstonemgt.biz Eugene Burger Management..............15 www.ebmc.com Heritage Bank of Commerce...............11 www.heritagebankofcommerce.com IQV Construction & Roofing, Inc. .......33 www.iqvinc.com
Pacific Utility Audit, Inc.......................23 www.pacificutilityaudit.com PML Management................................19 www.pmlmanagement.com R.E. Broocker Co...................................32 www.rebroockerco.com Rebello’s Towing...................................29 www.rebellos.net Silicon Valley Civil & Structural Engineers............................32 www.Qengineers.com White & MacDonald, LLP....................29 www.wm-llp.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 bi-monthly magazine • 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.................$500 Association Management Membership.......................................$500 Individual Membership.......................$75 Journal Subscription............................$15
How Do You Join ECHO?
Office 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 ECHOJournal Journal February 2014 ECHO Journal March/ April 2017
41 41
legislation at a glimpse
Sacramento’s 2017 Legislative Session has begun! The selections below are highlights from our first review of thousands of bills introduced in Sacramento this year. The complete list is available on our website. That list – and the impact of each bill – will change as authors amend the language in their bills. For the most up-to-date information, visit the HOA Advocacy section at the ECHO website: www.echo-ca.org/hoa-advocacy
Current Legislation Bill Information
Summary
AB 494
Renting Accessory Dwelling Units
Author: Bloom Status: Introduced
Current law requires ministerial, nondiscretionary approval of building permits for accessory dwelling units. This bill would specify that the unit may be rented separately from the main housing structure, and introduces other rules related to these units.
AB 690
Manager Conflicts of Interest
Author: Quirk-Silva Status: Introduced
Would require that managers disclose whether or not they receive referral fees for specified documents. Additionally requires the association to disclose any conflicts of interest regarding the manager or management company.
AB 1412
Personal Liability for Volunteer Officers
Author: Choi Status: Introduced
Would extend the current limitation on the personal liability of directors to volunteer officers or directors in mixed use developments if they do not own more than two residential units.
AB 1426
Uncontested Elections
Author: Irwin Status: Introduced
Would provide an exception to current HOA election requirements when the number of directors running for the board does not exceed the number of available positions. Provides procedures to ensure that members may run for the board, and to declare the election uncontested.
SB 407
Owner Noncommercial Solicitation
Author: Wieckowski
Would prevent an association from prohibiting an owner from contacting any other owner or resident for the purpose of providing information about a candidate for public office, or for an office within the association, or on any issue that is the subject of a public or association election or pending public or association legislation or rulemaking.
Status: Introduced
SB 451
Liability for Harassment
Author: Stone Status: Introduced
Would prevent an association from being liable for the harassment of a member by another member where the association’s governing documents do not contain a provision to authorize the association to stop the harassment.
SB 721
Deck & Balcony Inspection Requirement
Author: Hill
Requires the inspection of certain decks, balconies, and elevated walkways by a person licensed to perform these inspections by the Department of Consumer Affairs.
Status: Introduced
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 42 echo-ca.org
Half Price for ECHO HOA Members!
ECHO ANNUAL SEMINAR 45th Annual Seminar & Trade Show Saturday, June 10, 2017 TOPICS WILL INCLUDE:
HOA University: Legal, Finance, Insurance, Management Election Rules; Marijuana; HOA Banking; Communications Software; Legislation; Reserve Studies
The Annual Seminar is now half price for ECHO HOA Members! We’re returning to the Santa Clara Convention Center for our 45th Annual Seminar. Take advantage of all the resources available to your HOA at the Annual Seminar: • 12 classes featuring top industry experts. • Members-only HOA University & Certificate. • Hundreds of fellow board members and HOA professionals. • Up-to-the-minute information on new legislation and drought restrictions. ECHO’s Annual Seminar is the only educational trade show designed for HOA Boards of Directors. Get your information straight from the source, and build a strong, healthy community.
Visit the ECHO website or call ECHO for complete event details: Online www.echo-ca.org/events Phone 408.297.3246