Journal_12_05

May 2012

A Journal for California Community Association Leaders

echo-ca.org

40th Annual ECHO Seminar June 22–23, 2012 Register Now

ALSO INSIDE THIS ISSUE:

• The Perils of Hidden Damage • Radar Imaging for Tree Risk • Creating Effective Newsletters

Change Service Requested ECHO 1602 The Alameda STE 101 San Jose, CA 95126

PRSRT STD U.S. Postage PAID Sundance Press 85719

2012 Annual Seminar June 22–23 The 40th Annual ECHO Seminar is just around the corner—only six weeks away. Many exciting presentations and outstanding speakers are lined up for this year’s seminar. The theme for 2012 is “Swinging With the Gatsbys.” Reserve your place now for California’s largest and best-known CID conference.

—page 6

C 8

8

14

14

20

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.

The Perils of Hidden Damage

The ECHO membership list is never released to any outside individual or organization.

Radar Imaging for Tree Risk Management

Executive Council of Homeowners, Inc.

During their life trees may develop internal problems not visible by exterior examination. Arborists use many methods to determine the internal condition of a tree; some of these, such as core sampling, drilling or cutting away decay, are invasive. Radar technology makes non-invasive evaluation possible.

1602 The Alameda, Suite 101 San Jose, CA 95126 408-297-3246 Fax: 408-297-3517 www.echo-ca.org info@echo-ca.org

What is a “Request for Proposal”?

Board of Directors and Officers President David Hughes Vice President Karl Lofthouse Treasurer Diane Rossi Secretary Jennifer Allivato Directors Paul Atkins John Garvic Robert Rosenberg Brian Seifert Steven Weil

Jerry L. Bowles David Levy Kurtis Shenefiel Wanden Treanor

Executive Director Brian Kidney

Departments 5

Office Hours: Monday–Friday 9:00 a.m. to 5:00 p.m.

Creating Effective Association Newsletters

A “request for proposal” (RFP) is a document drafted by an owner or association that solicits a bid for material, services, construction or repair of a building. Commonly used to solicit bids on larger projects, RFPs are increasingly being used on smaller jobs as a tool to clarify the work desired. Learn more about RFPs in this article.

20

Copyright 2012 Executive Council of Homeowners, Inc. All rights reserved.

Reproduction, except by written permission of ECHO, is prohibited.

Every association will face several major reconstruction projects in its life. They may be due to anticipated or completely unanticipated problems. This article outlines the perils of hidden damage.

A newsletter that more owners and residents will read can enhance sense of community in a CID. This can make management easier and help to sustain or improve property values. This article, second of a two-part series, examines key elements of association newsletters that achieve these objectives.

28

The ECHO Journal is published monthly by the Executive Council of 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 person should be sought.

Meet ECHO’s New Executive Director

Director of Member Services Jennifer Allivato

31 Legislation at a Glimpse 32 News from ECHO

Communications Coordinator Tyler Coffin

34 Directory Updates

28

35 Events Calendar 36 ECHO Bookstore 38 Understanding the Concept 40 ECHO Volunteers

May 2012

A Journal for California Community Association Leaders

echo-ca.org

40th Annual ECHO Seminar June 23, 2012 Register Now

41 ECHO Marketplace ALSO INSIDE THIS ISSUE:

On the Cover 4

May 2012 | ECHO Journal

Design and Production George O’Hanlon ECHO Mission Statement

41 Advertiser Index

Annual ECHO Seminar—page 6

Legislative Consultant Government Strategies, Inc.

• The Perils of Hidden Damage • Radar Imaging for Tree Risk • Creating Effective Newsletters

The mission of ECHO is to advance the concept, interests and needs of homeowner associations through education and related services to board members, homeowner members, government officials and the professionals in the industry.

Meet ECHO’s New Executive Director rian Kidney joined ECHO as its new Executive Director on March 19. He succeeds Oliver Burford, who presided over the Association for 18 years, and will be missed by all.

Brian brings to ECHO a mix of experiences, having served as principal in consulting firms, CEO of a start-up, COO of a national trade association, and corporate officer for a Fortune 500 company. Leading organizations large and small, with particular relevance re-invigorating a large association with diverse membership, Brian’s charter is to protect and extend the great legacy he inherits here at ECHO. Brian has divided his time between Northern California and Washington, DC over the years. Born in San Francisco, raised in both the City and Palo Alto, and a graduate of the University of California, Davis, Brian is happily settling back in the South Bay. A long time figure in the cellular telecommunications industry, with emphasis in public policy and communications, Brian is eager to translate his skills and experiences to promote ECHO’s growth, prosperity and service to its members.

Brian plans to get out of the office and visit with members to find out what really matters and how ECHO can best support and provide education to homeowner associations across California. If you have ideas or suggestions, he’d like to

B

hear about them; please email Brian at bkidney@echo-ca.org.

Outside of ECHO, Brian can be found at his family’s ranch in Sonoma County riding a tractor or tending grapes, or occasionally tempting fate at Squaw Valley. He has three (terrific) adult children and a passion for sustainable farming and affordable housing.

ECHO Journal | May 2012

5

40th Annual ECHO Seminar June 22–23, 2012

SWINGING WITH THE GATSBYS

6

May 2012 | ECHO Journal

he 40th Annual ECHO Seminar is just around the corner—only six weeks away.

Many exciting presentations and outstanding speakers are lined up for this year’s seminar. Community association board members and professional members have been ordering seminar tickets for the past month, but plenty of space remains. Send in your reservation now for California’s largest CID conference.

The 2012 ECHO Seminar and Trade Show will be an all-new, high-paced event, with most activities packed into a Saturday schedule. This year the event will use the main front lobby of the Santa Clara Convention Center for registration and the adjacent exhibition space. Morning and afternoon educational sessions, the full program book with handouts from all speakers, continental breakfast and an afternoon ice cream social are all included in the Seminar ticket price.

T

Annual Seminar Plan and Special Events Set-up of exhibits for Saturday’s Trade Show is scheduled for Friday afternoon, from 3:00 p.m. to 6:00 p.m. Many of the exhibitors plan to celebrate the “Swinging with the Gatsbys” theme of the seminar in their booths.

The Friday Night Reception to honor exhibitors is open to all members and guests for a $40 fee.

Hors d'oeuvres and light refreshments will be served; cash bars will be available.

The party will recognize our loyal exhibitors and sponsors for their major contributions to the Annual Seminar. Following the reception, ECHO will be honoring Oliver Burford and Dorothy Kopczynski. More information coming soon! Please plan on joining us for this special event.

Registration on Saturday will open at 7:30 a.m. and the Trade Show and refreshments will open at 8:00 a.m.; educational sessions will start at 9:00 a.m. and continue to 4:30 p.m. To give attendees maximum flexibility to allocate their time, the optional Saturday buffet luncheon adjacent to the Trade Show is again available for $40 to those who make advance reservations.

Educational Program HOA University, ECHO’s training course for new directors, will be repeated this year.

A full range of experts will explain the basic responsibilities and duties of homeowner association board members. This series of sessions is a “must” for all new or potential board members and also will provide an excellent review for any board members.

Those who attend this entire track will receive a special certificate, recognizing their participation and completion of the program.

The 2012 Seminar also includes full-day tracks addressing legal and legislative topics, association financial and management, and building maintenance concerns. As usual there will be a presentation and status report on the legislative bills affecting common interest developments that are now moving through the California Legislature.

The full program of educational presentations with speakers can be found on page 43 of this issue.

Summary Don’t delay making reservations for current and future board members, committee members and association members at your association. The 2012 Seminar is the place to get all the up-to-date information about operating your association efficiently and legally; every ECHO member association should participate. You may purchase tickets via a secure link on the ECHO website www.echo-ca.org/annual-seminar. The ticket order form on page 43 may also be completed and mailed or faxed to the ECHO.

ECHO Journal | May 2012

7

By Tyler P. Berding, J.D., Ph.D.

The Perils of Hidden Damage in a Community Association Part I very community association will face a major reconstruction project several times in the life of the development. This may occur because of clearly anticipated problems, such as re-roofing or repainting, but it can also occur because of completely unanticipated, and unreserved-for, problems such as dry rot repair, soil subsidence, or leaks in windows and siding.

California’s Davis-Stirling Act requires only that a community association reserve fund include those components that visual inspections of accessible areas reveal have a useful life of 30 years or less, and makes no allowance whatsoever for reconstruction due to hidden and unknown deterioration. There can be two decidedly different outcomes to any attempt to repair previously unknown damage. The first outcome, the subject of Part I printed in this

E

8

May 2012 | ECHO Journal

ECHO Journal | May 2012

9

issue, is a predictable project that succeeds in repairing the damage within the association’s financial means. Part II, which will be published in next month’s issue, will consider the situation where invisible damage is so unexpected and expensive to repair that it overwhelms the association’s resources.

How to Extract a Successful Outcome from an Unexpected Repair Even during planned or expected repairs, surprises can occur when building components that are not “visible or accessible” are exposed during construction. Normal painting projects can reveal rotted areas due to long-term intrusion of water. A minor deck or siding repair can expose framing components that have allowed water to enter slowly for years without any way to get it out except evaporation. Problems with deteriorating concrete walkways or driveways due to the invasion of roots, or soil subsidence due to unconsolidated fill may develop so slowly that they escape notice. Or there can be a catastrophic event—a spontaneous failure that occurs when someone leans on a rotted balcony railing, for example. Three people in Antioch, California were severely injured recently when such a railing collapsed.

None of these building components would likely be included in the usual reserve account and unless detected by some other means, would not appear in the maintenance budget; yet the association in a typical condominium and in many planned developments, is nevertheless responsible for necessary repairs. Unexpected repairs for which there was no reserve funding. So now you have a collapsed balcony or maybe a lot of rotted framing—what do you do? Follow these steps and you will improve your chances of successfully solving the problem.

ASSOCIATION ASSOCI ATION B BANK ANK KS SERVICES ERVICES UUÊ"«iÀ>Ì }Ê> `Ê,iÃiÀÛiÊ iV } Ê"«iÀ>Ì }Ê> `Ê,iÃiÀÛiÊ iV } Ê ÃÃ V >Ì Ê > Ã UUÊ ÃÃ V >Ì Ê > Ã UUÊ

Ê* >Vi i ÌÊ-iÀÛ Vià Ê

Ê* >Vi i ÌÊ-iÀÛ Vià UUÊ Õà iÃÃÊ" iÊ > } Ê Õà iÃÃÊ" iÊ > } UUÊ,i ÌiÊ i« Ã Ì Ê,i ÌiÊ i« Ã Ì UUÊ ÕÌ >Ìi`Ê V L ÝÊ-iÀÛ ViÃ Ê ÕÌ >Ìi`Ê V L ÝÊ-iÀÛ Vià UUÊ ÕÌ >Ì VÊ ÃÃiÃà i ÌÊ*>Þ i ÌÃÊ Ê ÕÌ >Ì VÊ ÃÃiÃà i ÌÊ*>Þ i ÌÃÊ

Find the Right Expert

UUÊ- « wi`Ê ÃÃ V >Ì Ê- } >ÌÕÀiÊ >À`Ã Ê- « wi`Ê ÃÃ V >Ì Ê- } >ÌÕÀiÊ >À`Ã

Specialized S pecializzed banking for foor community associationss & management professionals prrofessionals ofessioonals V >i Ê i i`Þ]Ê*Àià `i Ì V >i Ê i i`Þ]Ê*Àià `i Ì >Ì iÀ iÊ9 Õ }]Ê-À°Ê6 ViÊ*Àià `i Ì

>Ì iÀ iÊ9 Õ }]Ê-À°Ê6 ViÊ*Àià `i Ì ­­nää®ÊÓää ää£Î nää®ÊÓää ää£Î >À Ê vÌ ÕÃi]Ê-À°Ê6 ViÊ*Àià `i ÌÊ

>À Ê vÌ ÕÃi]Ê-À°Ê6 ViÊ*Àià `i ÌÊ ­­{£x®ÊÓÇÎ Ó䣣 {£x®ÊÓÇÎ Ó䣣

iÀ Ê i i`Þ]Ê6 ViÊ*Àià `i Ì iÀ Ê i i`Þ]Ê6 ViÊ*Àià `i Ì ­­nÈÈ®Ê{ Î näÓÓ nÈÈ®Ê{ Î näÓÓ 10

May 2012 | ECHO Journal

ÃÃ V >Ì > -iÀÛ ViÃJvL °V

ÃÃ V >Ì > -iÀÛ ViÃJvL °V Ü ÜÜÜ° ÀÃÌ > " °V ÜÜ° ÀÃÌ > " °V

First, retain the services of someone who can advise the association on the proper repair. A general contractor, architect, engineer or construction manager—each has specific expertise. Which expert will you need? A lot depends on the complexity and extent of the problem. If, for example, you have a failed balcony support beam—something that has rotted due to years of water intrusion—just replacing the failed beam may not be enough. You don’t want it to happen again. And, just because only one balcony failed this time doesn’t mean that there aren’t others in the same condition.

In the example above, you would retain someone who is a pro with waterproofing.

Would you choose a building consultant, a contractor or an architect? Architects are more expensive, but for a very complex waterproofing issue you want someone who has enough skill and understanding to redesign the system to make it watertight. You would not want to simply replace part of a system that didn’t work. On the other hand, if the basic design is sound, but the materials have failed to do their job, a materials consultant who specializes in waterproof membranes may be the right choice. In our practice, we would start with the architect or an engineer because this particular balcony railing example involves a life-safety issue and because a re-design and/or strength calculations may be necessary.

If the problem is relatively straightforward such that a re-design of the waterproofing system or a re-calculation of the strength of the system isn’t required, and the project simply requires a re-build of the original design, then a building consultant or a general contractor might provide the necessary specifications. But if the basic structure has proven inadequate for other reasons, such as deflection over time, or failed joists or columns due to inadequately sized beams, for example, a structural engineer might be necessary to do the proper calculations and provide a re-design of the structural components. A few hours of an architect’s time will usually be enough to determine the level of expertise required for the project, so if in doubt, hire an architect first. And in any case, if the job is big enough, it may also be wise to consider retaining a construction manager to represent the board throughout the process.

Your expert can also help you determine the extent of the damage—as discussed further below, a sometimes-critical bit of information.

Detect Hidden Damage Destructive testing, where portions of the building’s skin are removed, can reveal a lot and maybe that investigation will identify clear limits to hidden damage. That may also occur in conjunction with a routine repair and expose greater damage. It can also be done randomly in older buildings to attempt to identify problems before they become catastrophic. But even where you collect a lot of data, you may still not know the full extent of the damage beneath the outer skin of a building unless most of that skin is removed.

But by that time, the “investigation” may

become so extensive that replacing what is to be removed to inspect will commit the association to a major repair. There is a tipping point after which further removal for test purposes becomes inefficient. But the Board’s need to know remains.

There are other options for gaining that knowledge without massive destructive testing. An alternative to physical removal of the building’s skin may be using non-destructive testing (NDT) to map the extent of damage—particularly dry rot or moisture. There are companies that use technology to determine the extent of damage in hidden areas.

Infrared cameras that can detect the extent of moisture are one option. Using a small camera inserted through a hole in the skin is another. Discuss with your expert the various NDT options that might be available to help you know the extent of your risk before the project begins.

Another approach to dealing with unexpected damage—negotiating with your contractor for a fixed-price contract or a contract with a price cap, either of which limits the association’s maximum financial commitment to a sum certain. That may be difficult to achieve, however, since any good contractor will also understand the risk involved and will be unlikely to accept it, leaving a thorough expert investigation as the only real option. So where is the tipping point past which further testing to determine the extent of the problem becomes so extensive that you might as well rip off all of the skin? Only a qualified expert can help you decide that.

Each project of course, will be different. But any good expert will tell you to collect as much data as possible, and after analyzing that data can prepare a scope of repair for a contractor to bid.

Bid the Job Once the problem has been analyzed and the plans and specifications for repair have been drawn, the bidding process can start.

Normally a list of preferred bidders is prepared. This preference usually comes from past experience or specialty. For political as well as good business reasons, several bids should be obtained. Even if the board or management favors a particular contractor— perhaps because of a successful project performed earlier—obtain at least three bids to demonstrate due diligence in the bidding process. When the bids are opened it is up to the board, with management’s recommendations, to choose the right contractor. Price may not be everything. Past performance, ECHO Journal | May 2012

11

specialty, and availability may have important roles to play. All of those factors should be considered before the final choice is made.

• Detailed Financial Reporting • Lender Servicing and Collection • Personal Obligation Program

• Short Sale Negotiations • Bankruptcy Monitoring • Online Case Set Up

AND MORE . . .

Phone (408) 363-9600 • Fax (408) 225-8864 • Toll Free (877) 363-9600 • ContactUs@asaspcollect.com

Oh the Things We See!

12

May 2012 | ECHO Journal

Draft the Contract Your attorney can assist in reviewing and negotiating the contract. There are a lot of considerations, and good contract drafting is a skill and topic all its own. But some of the considerations are: (1) is this a cost-plus or a lump sum contract? (2) Does the owner furnish all plans and specifications (and except responsibility for them) or is there an element of “design-build” in the contract? (3) Are there unconscionable provisions—a provision buried in fine print, or a disclaimer of all express or implied warranties? Courts will often not enforce such provisions. (4) What are the payment provisions? Will there be progress payments or a lump sum at the end of the job? Will the owner hold back (retain) a portion of the payment to be sure that all mechanics liens are cleared? (5) What if the project is delayed? Should there be penalties for that? What about incentives for bringing the job in sooner? (6) How are we to deal with changes—an especially important topic for big jobs where the extent of dry rot, for example, can’t be known at the beginning of the job? (7) Who bears the responsibility for misleading drawings or specifications (see 2 above)? (8) What insurance will the contractor carry? (8) What warranties or indemnity will the contractor be required to provide?

(9) What licenses must the contractor have?

(10) Will the owner have the right to stop the work and under what circumstances? (11) What dispute resolution provisions will be included in the contract? We could go on, but you get the idea. There are many questions that must be asked and which can only be answered in the context of the particular job. Your attorney working with your architect or engineer can fashion a contract that is appropriate for the job.

Fund the Project How will the association pay for all of this, especially if it is a job that no one expected?

Generally speaking there are only a few options. If the job is one for which funds are immediately available then there is no problem. But what about those surprise projects— or normal projects where hidden damage is discovered mid-way through the job? For surprise repairs the association can borrow the money—either from a bank or from itself. It can go to its reserves, but generally funds borrowed from reserves must be repaid with-

Painting smiles... at the right price.

5 reasons to consider

Varsity Painting on your painting project 1. Communication – with you and with all residents…every step of the way 2. Guarantee - 5 years on all 2 coat projects 3. Color expertise – transform your community with the help of our color consultants 4. Track Record – 17 years in business, hundreds of communities painted with peace-of-mind 5. Social good -1% of our sales go to fund childrens tumor research

1.888.VARSITY License #809250

in a year. Or it can go to the members for special, or increased monthly, assessments to pay for it.

If the proposed special assessment is no more than five percent of the existing budgeted expenses, or the job requires no more than a 20 percent increase in the regular monthly assessment, the board can simply impose it; otherwise it will have to get the approval of the members, not usually an easy thing to obtain. But a big job can quickly outdistance those statutory maximums and if the member vote does not approve the new assessment, recourse to a bank may be the only option. But banks usually don’t lend without adequate security, and in most cases that security will be the association’s income stream. A bank is not likely to take a deed of trust on the clubhouse! And if the income stream is not big enough to service the loan, then we’re back to raising member assessments and a vote if more than a 20 percent increase is needed.

If all goes well and the job is completed on time and on budget, you are home free. But if the contractor is in breach of his or her contract because they did not complete the job; or is proceeding so slowly that it will not

(reason= www.varsitypainting.com/camille)

be completed on time; or because the work is poor and has been rejected by the inspectors or the construction manager, it may be time to consider termination of the contract. But before that happens, consult with the association’s attorney to be sure that the contract provisions are followed so that the association will not be in breach.

A successful job usually requires that the scope of the job be well understood and defined before the job was started, with only minimal increases in the amount of work discovered later. Small amounts of additional work can usually be accommodated in any funding plan. But what happens if the amount of work discovered after the job starts is not small, that major amounts of damage are discovered after the contractor began working on the building?

Find out in next month in Part II, “What if the cost of repair exceeds all expectations?”

Tyler Berding is a founding partner of Berding|Weil, LLP, a real estate law firm located in Alamo, California. For more information, please see the firm website at www.berding-weil.com.

Find the Answers to your Questions on Condo Ownership

An excellent guide to understanding the rights and responsibilities of condo ownership and homeowner associations operation. 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.

Order today from ECHO! Call 408-297-3246 Fax 408-297-3517 Email: info@echo-ca.org ECHO Journal | May 2012

13

By Robert Booty

Radar Imaging for Tree Risk Management 14

May 2012 | ECHO Journal

s you are traveling home one evening, you notice a consistent dull pain in your lower back. As the weeks pass the pain intensifies and you become increasingly concerned.

You visit your family physician, and after an examination he explains to you your options to determine the

A

source of your pain. He describes how exploratory surgery could provide him with some answers. But he also describes other options including non-invasive ones such as ultra sound, MRI (electromagnetic imaging) or an X-ray. Knowing that complications can develop using explora-

tory surgery, the physician doesn’t take any chances and orders an MRI scan on your lower back.

Trees are somewhat like people; at some time during their life they too will develop internal problems that are not always able to be seen just by an exterior examination.

ECHO Journal | May 2012

15

Figure 1 Tree Trunk Inspection Procedure

Arborists have used all sorts of methods to determine the internal structural condition of a tree and its potential risk to a property.

Some of these methods were very invasive, such as taking core samples, drilling or even cutting away decay within a cavity. Those were the standard methods used at one time, and some continue to be used today. There’s reason to believe that the term “Tree Surgeon” may have been coined as a result of these invasive procedures.

The Value of Using Non-Invasive Testing Methods for Tree Risk Management What benefit is there in using non-invasive diagnostic procedures with trees? Trees can be adversely affected by the methods used to evaluate their health especially using invasive diagnostic procedures that penetrate the outer bark.

The establishment of decay1 in living trees is affected by urban environmental stresses that range from a general weakening of a 16

May 2012 | ECHO Journal

tree’s natural defense system to injuries that allows wood-rotting agents to gain entry through wounds. Trees have an internal protection system that uses a series of four internal walls, all beautifully designed to block the spread of disease causing pathogens within the tree. It’s referred to as CODIT, an acronym for Compartmentalization of Decay in Trees.

However when invasive testing methods such as drilling are used, these four protective walls can be pierced by the drill bit, allowing decay pathogens that at one time may have been localized or contained to spread throughout the tree. One concern many people have always had with these testing methods is the many holes being drilled into a tree that one is trying to save.

When performing tree risk assessments, knowing the internal structural condition of a tree is only one part, but a very vital part, of the process. If this internal data could be col-

lected without drilling or using other invasive methods, and you could just walk away with your data as if you were never there, then it would be a win-win situation for the tree under evaluation.

Use of Radar Technology Today technology has advanced to the point that this non-invasive type of data collection is possible. It is being accomplished by using ground penetrating radar that does not harm the tree being evaluated. The use of radar imaging on trees creates the same type of high- resolution, non-invasive image that a medical professional would utilize in his diagnosis with his patient using MRI imagery. This is the very latest method to 1 Nicolitti, Gonthier, Guglielmo, and Garbelotto, “A Biomolecular Method for the Detection of Wood Decay Fungi: A Focus on Tree Stability Assessment.” Arboriculture & Urban Forestry, Scientific Journal of the International Society of Arboriculture. 2009.

safely evaluate the internal structure of a tree without invasion of the tree itself. Having the ability to create and see an internal image of a tree and then to identify any hidden internal problems fills a critical gap in tree preservation.

How Does Radar Work?

Ground-Penetrating Radar (GPR) is an established technique that has been used worldwide for over 40 years. Radar is an object-detection system that uses electromagnetic waves—specifically radio waves—to identify the range, altitude, direction, or speed of both moving and fixed objects. Its uses today seem endless. When you look at the weather report, you are looking at Doppler weather radar that tells you where the heaviest amounts of rain will fall in your area. The radar, as it passes through the clouds, measures the density of the moisture in them and the speed they are traveling so you can know approximately when it will start raining and how much rain will fall. Radar is used in aviation, automobiles, law enforcement, and locating objects below ground.

When an electromagnetic wave2 emitted from a small surface transmitter antenna encounters a boundary between objects with different electromagnetic properties, it will reflect, refract and diffract from the boundary in a predictable manner. Radar waves or signals are reflected especially well by materials of considerable electrical conductivity.

The radar signals that are reflected back towards the transmitter are the desirable ones that make radar work. An air-filled tree trunk (decayed hollow) or partially air-filled incipient decay zone (early stage) inside a cell wall of a tree are excellent reflectors for detection by GPR systems. Use of GPR instrumentation for internal tree trunk decay detection is one of its latest uses in the field of tree risk assessment.

How does radar imaging distinguish between decayed and healthy wood? Wood decay fungi3 decompose lignified cell walls in living wood tissue by using enzymatic and non-enzymatic systems. This decay creates a microscopically detectable hollow or void within the cell walls of the wood, thereby reducing normal wood strength. Radar imaging can identify these small changes (voids) in the wood composition. It is the loss of the 2 Daniels, D.J. 1996. “Surface-Penetrating Radar.�

The Institute of Electrical Engineers, ISBN 0-85296862-0.

3 Nicolitti et al., Ibid.

COM PA S S

Guiding your HOA in the right direction

MANAGEMENT GROUP

With our growing team of experienced HOA management professionals, Compass has the resources and depth of understanding to resolve the challenges facing your association. We deliver creative solutions, clarity of vision, customized technologies and superior management.

Discover why our clients trust Compass to provide the management guidance and direction for their communities. www.GoCompass.com 408.226.3300 | 510.226.0300 | 650.563.9900 | 831.583.9900

ACE Property Management, Inc. Professional Service Delivered Personally Ć” 3rRIHVVLRQDO &RPPXQLW\ 0DQDJHPHQW VLQFH Ć” &RPSOHWH 0DQDJHPHQW )LQDQFLDO &XVWRPHr 6HUYLFH Ć” (OHFWrRQLF ZRUN RUGHr WUDFNLQJ DQG IROORZ XS Ć” WH VHUYLFH 6DQWD &ODUD 6DQ 0DWHR DQG $ODPHGD &RXQWLHV Ć” 6PDOOHr $VVRFLDWLRQV WHOFRPHG Ć” 2Q &DOO (PHUJHQF\ 6HUYLFH

Management Service ˜ Financial Service ˜ Customer Service ACE Property Management, Inc. ‡ 1625 The Alameda, Suite 917, San Jose, CA 95126 Phone: 408-217-2882 ‡ Fax: 408-886-9474 ‡ Email: Info@acepm.net ECHO Journal | May 2012

17

Color Key for Radar Images Sound Wood Near Surface Decay Advanced Decay Incipient (Early-Stage) Decay Surface Crack or Benign Reflector

Cross Sectional Radar Image

slowly moved around the circumference of the tree. As it travels it sends out radar waves every two-tenths of an inch; with no obstructions these waves penetrate to the center of the tree as the antenna is moved around the trunk.

40-inch Trunk Diameter

Partial Scan

The radar waves in turn are reflected back to the antenna or receiver if decay is encountered anywhere within the tree. The presence of sometimes hundreds of these reflected radar waves creates an internal image of the compromised area that was found inside the tree, measuring the density of the wood and indicating the level of severity of the newly discovered decay.

7 foot elevation

Cross Sectional Radar Image 44-inch Trunk Diameter

Cross Sectional Radar Image 40-inch Trunk Diameter

In the process the remaining solid healthy wood is identified and displayed to the technician and measured in inches. The trained arborist, knowing the diameter of the whole tree section being scanned, can use this resulting image data to determine if the internal decay is sufficient to warrant further concern or action.

The Finished Product, A Case Study

35 inch elevation

This is a live oak tree about 100 years old in front of a hospital. The concern was the open cavities and the general decline in the health of the tree. Since this area is open to the public, hospital management wanted to know their liabilities without further damaging the tree. The radar scan provided information needed to preserve the tree, with continued monitoring of the early stage decay.

16 inch elevation

Figure 2 Trunk Inspection of Case Study The figure shows the locations of cross-sectional radar images of the oak tree at different elevations on the trunk. Decay is indicated by red (near surface) and orange (advanced) areas on the scans.

wood’s mechanical strength caused by these organisms that is inherently linked to hazardous situations, often resulting in significant damage to property or injuries.

Radar imaging is one of the latest forensic technologies used for wood decay analyses; its sensitivity to hollows, internal cracks or voids enables it to detect and create an image 18

May 2012 | ECHO Journal

of these small internal changes in wood density and composition. Incipient or earlystage decay is the very beginning of the biodegradation process of living wood tissue by decay causing pathogens; radar imaging can detect these early changes.

Using the trunk inspection diagram in Figure 1, you can see the radar antenna is

The photograph (Figure 2) shows the completed scan locations on the oak tree as provided to the client. The gray areas on the radar images indicate where the radar antenna lost contact with the bark surface; no data was collected in these areas. The remaining outer solid wood is 7.4 inches in the lower two scans and 7.7 inches at the seven foot elevation. All scan locations contain early-stage decay developing through out the center of the tree. The orange areas on the cross sectional images indicate areas of advanced decay.

Evaluation Without Compromising Tree Health Today arborists have multiple options when making tree risk assessments, but most importantly there are tools available that will not harm the tree under inspection. While radar imaging does not create a picture of the inside of a tree, it does yield an image or likeness that allows for reasonable decisions to be made regarding the future health of the tree.

What does all this mean for homeowner associations and planned communities that may have hundreds of trees on their common areas without knowing which ones have the highest risk of failure? It means that trees that are very valuable to your community and irreplaceable can be safely evaluated for the risk they may pose, without compromising their health in the process. This equates to tree preservation for your community and the retention of real property values.

Trees can be safely evaluated for the risk they may pose without compromising health.

The use of ground penetrating radar has opened up other doors recently in the field of arboriculture. One that has also become valuable in the area of tree protection is below ground root mapping. How many trees are irreparably damaged every year because irrigation trenches are cut across their roots unknowingly? Is that tree root causing that damage to an association’s sidewalks or driveway?

You didn’t know in the past unless you excavated! Now ground penetrating radar is being used to locate and map tree roots below ground non-invasively, without removing the concrete or digging up those roots just to see if they are the nasty ones really damaging the property. Watch for a future article about locating and mapping below ground roots, using ground penetrating radar.

Robert Booty is a consultant at Arborist OnSiteÂŽ Horticultural Consulting Inc. He is a Registered Consulting Arborist and an ISA Certified Arborist.

You can reach him at Robert@arboristonsite.com.

ECHO Journal | May 2012

19

C

By Larry Mesplé

newsletter that more people will read can enhance a sense of community in a common interest development (CID). This interest in the community can make management easier and also help to sustain or improve property values. This article examines key elements of associa-

A

20

May 2012 | ECHO Journal

tion newsletters that achieve these objectives.

Creating a newsletter that CID residents will read can be a challenge to the writer or editor. The following tools and techniques must be mastered: • First, know your readership.

• Second, attract that readership.

• Third, write well, simply, accurately, and avoid jargon.

• Fourth, be direct. Use strong and simple verbs, avoid the passive voice and be specific.

• Fifth, be informative. Give readers information that will be useful to them.

• Sixth, don’t be a nag.

Creat ing E ffectiv e

Associatio n

Newsletters

• Seventh, names make news. • Eighth, graphics and photos add to readability.

Knowing the Readership of a CID Newsletter A CID newsletter is one of the useful voices of the board and association management. To develop read-

able stories the newsletter writer must consider the demographics of the association membership, the configuration of the community, overall location, and history of governance. The perspectives of the board, the association manager or of both can help the writer. Successful boards and managers know their

communities and should be critically important in developing a newsletter that is relevant to readers. A minimum contribution by boards or association managers to the writer can be no more than topic sentences or a bulleted list of ideas for stories.

Many board members don’t like to write or edit, and some association ECHO Journal | May 2012

21

Amazon customers gave it a five-star rating 2012 Condominium Bluebook A Complete Guide to Living in a Condominium Member Price: $17.00 Non-Member Price: $25.00

This well-known compact guide for the 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.

Order today from ECHO! Call 408-297-3246, fax at 408-297-3517 or email: info@echo-ca.org

Reserve Studies You Can Count On! The Helsing Group, Inc. CA Contractor’s License #672692

Request Your Proposal Online!

Helsing.com

Highly Qualified Site Inspectors RS & PRA Professional Designations Color Reports with Photos & Maintenance Suggestions Proprietary Database System for Optimal Accuracy Free Updates Later in the Fiscal Year!

1Ͳ800Ͳ443Ͳ5746 Ⴗ Ⴗ 2000 Crow Canyon Place, Suite 380 Ⴗ Ⴗ San Ramon, CA 94583 Ⴗ Ⴗ reservestudies@helsing.com

22

May 2012 | ECHO Journal

managers are too busy to devote much time to the development of a newsletter—even though most managers know that a good newsletter can be a very helpful tool.

The effective writer of CID newsletter stories must know something about homeowners associations, life in a CID, and be familiar with the typical problems that boards and managers face. Research about the subtleties of maintenance responsibilities and other unique features for a homeowners association can avoid misleading statements. Every CID is different.

Dick Williams, award-winning PR/marketing professional based in Berkeley, states that the “first hurdle” for public relations and advertising to work is to identify your prospects (readers) and direct your efforts primarily to them. This challenge applies in a CID newsletter whether a particular aim is information for the 90 percent of cooperative residents or notices of rules and potential sanctions for the 10 percent who makes problems for the communities.

Attracting Readers Brenda Townsend Hall, a communications consultant, trainer, and course designer, provides the first five of the tools and techniques for a readable newsletter included above. At www.sideroad.com/Business Communication/writing-newsletters.html she urges that newsletter writers and editors pay attention to the appearance of the newsletter by keeping it at an acceptable length and employing style for easier reading. Where appropriate she suggests use of charts, graphs and diagrams to convey information more effectively than may be possible with words.

A useful resource for style is Robin Williams’ The Non-Designers Design Book. This classic, published in 1994 by Peachpit Press in Berkeley, discusses desktop publishing design principles, type, font, importance of “white space,” and includes a useful bibliography. Williams’ four basic principles applicable to any written publication are proper use of contrast, i.e., avoiding the same elements everywhere on the page: the same typeface, color, size, line thickness, shape and spacing.

Another principle is repetition, repeating visual elements to develop the organization and strengthen the unity of a publication.

Alignment is important and provides that nothing be arbitrarily placed on a page.

Every element should have some visual connection with another to create a clean, sophisticated and fresh look. Finally, proxim-

ity is important in that placing several items close to one another makes them into one visual unit rather than several separate units.

This helps, Williams writes, to organize information and reduce clutter on the page.

In a typical CID, the newsletter is hardcopy and arrives in the mail or is left at the door by a delivery volunteer. But everyone gets a lot of mail and most of it is “junk.” The first challenge for an effective newsletter is that the envelope containing it not be tossed into the recycling bag before opening.

Whether an item will be discarded or even opened will depend first on the envelope or newsletter fold. If the newsletter arrives from a source familiar to the resident it’s likely the envelope will be opened. After opening the job of attracting readership is the look, feel, and previous experience with the document including proper application of the design principles noted above.

Who else can say – our account executives know community management backwards and forwards.

Who else can say – our relationship managers speak your language and understand your business.

Who else can say – our technology group has revolutionized the business of association management.

EXPERIENCE )0" #BOLJOH t )0" -PBOT t *OUFSOFU $BTI .BOBHFNFOU 0OMJOF 1BZNFOU 4ZTUFNT t %FEJDBUFE $VTUPNFS 4FSWJDF

Jack V. Brandt CMCA AMS Regional Account Executive

510.921.0124 Toll Free 866.800.4656, ext. 7579 jack.brandt@mutualofomahabank.com

How much will the typical CID reader be willing to stop and read? That may depend on the demographics of the CID. Some residents may be put off by more than one page of text. Others may think the newsletter’s information likely to be useful but decide

mutualofomahabank.com AFN43997_0611 Member FDIC. Equal Housing Lender National Corporate Member of Community Associations Institute.

CACM Affiliate Member

ECHO Journal | May 2012

23

Now serving smaller and self-managed communities with our professional accounting-only services.

New customers enjoy three months free!

Offices in Danville, San Mateo & Campbell

(888)676-3080 www.commoninterest.com

Component Reserve Analysis and Construction Project Management

Pollard Unlimited, Inc. Fire Alarm Systems Fire Sprinkler Systems Testing, Service, Design & Installation

Tele-Entry & Access Control Emergency Exit Lighting Automated Gates Fire-Rated & Rollup Doors For Information please call: 650 988-9508 or 888 988-9508 or e-mail info@statcomm.com Lic # 675521 Underwriters Lab #UUFX.S8915 Diamond Certified

24

May 2012 | ECHO Journal

Professional Service – Competitively Priced

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

that they are too busy to take the time to read more than a couple of pages. A newsletter in a plus 55 homeowners association often includes a community calendar of events or a social column. The clear evidence is that both features are important and eagerly read.

Often, a newsletter may contain necessary forms or inserts regarding special events or association rules. Although yet another page, an insert may be viewed as less daunting than two or more pages of dense text on general association matters. Residents may choose not to read the newsletter at all but reminders and notices in the form of an insert may help increase overall readership.

For boards willing to spend the money a newsletter printed in color on high-quality paper is very attractive to readers. This provides an opportunity for colorful strokes, interestingly boxed text and strong photos.

But even black-only printing can be enhanced with strokes, boxes and other layout features on pre-printed color stock. Use of photos that show well in tints of black can also strengthen a newsletter’s appeal.

Charts and diagrams are useful, especially in presenting financial information. They must be readily understandable and captioned with text large enough to read easily.

Pasting the typical spreadsheet table converted to a chart is not adequate. Preparing charts with professional desktop publishing software such as Adobe Creative Suite’s Illustrator may be necessary to make people want to look at and able to understand a pie, bar, or line chart.

Writing Well, Simply and Without Jargon Topic sentences should break up the columns of copy. The text that follows should illustrate and help the reader understand almost immediately the subject of the paragraph. Sentences need to be kept short. But the writer should not be afraid of semi-colons to expand and illustrate a point without the full stop imposed by a period.

Townsend Hall raises an interesting objection to the use of clichés. She writes that they “…are usually a sign that you haven’t clarified what the message is.” Dick Williams points out, though, that a pithy simile or metaphor joined with a graphic can be very helpful in getting a point across. While most CID newsletters would likely never use it, the slogan “Park in the Red and You’re Dead” with a graphic of a ticking bomb, shotgun, or a stern policeman placed below the slogan is a vivid example. Williams refers to “retina time,” the “mere seconds” that people will

OUR FOCUS IS ON YOU! You might think that a big company would not be able to provide you with the personal service that you are looking for. In reality, you can expect better, more responsive – and yes, more service from us. We haven’t forgotten our small company values. We grew because we kept our promise to provide the best service to our clients.

Learn more at www.massingham.com.

Serving Clients from Offices in: Campbell | Concord | Hayward | Roseville | Signal Hill Tel: (800) 863-6277 | Web: www.massingham.com

usually devote to a message. “People only ‘snap to attention’ when the right …strategies and tactics are used.” For a newsletter to command its fair share of resident attention it had better stand out from the crowd of mail and media notices everyone receives daily.

A newsletter article must contain accurate information. Checking facts with a board member or the association manager is critical. When including an email address or URL, the writer and editor must always test the URL before including it in the newsletter file that goes to the printer. Email addresses should be scrutinized for accuracy. The writer should phone the addressee or test the email address if there’s any uncertainty.

Be Direct!

Association managers are notorious for using indirect and passive construction when they write. They do this deliberately to avoid liability or from pointing too obvious a finger at particular violators of association rules. But in a CID newsletter the writer must keep in mind that he or she is working to support the board and the association manager. Direct language should and can be used in most

cases to give both the board and the manager stronger voices. This balance can be achieved with careful writing.

Use indirect passive voice sentence construction only where absolutely necessary. In all other cases, be direct. “The board knows that visitors are parking in red zones” is preferable to “It has come to the board’s attention that visitors have been parking in red zones.” And stating a board’s intentions and potential sanctions after introducing a problem makes newsletter content more likely to get a reader’s attention as long as it reflects board policy and not one member’s opinion.

Being Informative People like to know what’s going on in their community, even if they don’t participate themselves. A readable newsletter, Townsend Hall says, should be informative.

In a CID, information useful to residents can include the nature, topic, dates and times of upcoming events including board meetings.

A story can also include links to Web sites to expand its scope for authoritative information on recycling, water conservation, Neighborhood Watch, or the other topics

most CID boards and association managers deal with regularly.

One management company owner puts it this way: “If a newsletter is solely an extension of the minutes of board meetings, it loses its long-term potential for informing residents.

Business items need to be balanced with general community items of interest.”

In other words, the CID newsletter should provide information that brings association and community issues home to the reader.

Don’t Be a Nag A newsletter that contains a long list of rules, warnings and potential sanctions for violators will not build readership. Worse, it can undermine development of a sense of community that is important for the livability and maintenance of property values in a CID. Indeed, a newsletter has the responsibility to point out association problems and the board’s options for solutions, but the overall impression of community affairs should be positive and encouraging. If it is to be a positive force in the CID community, praising and explaining and not pointing fingers and nagging should be the motto and the objective of any newsletter.

ECHO Journal | May 2012

25

Names Make News It’s an old rule of journalism that “names make news.” A CID newsletter offers plenty of opportunities to apply this principle.

Articles thanking committee volunteers by name, noting the names of event organizers and then thanking and praising them for their contributions, giving by-lines to residents who write a column or article for the newsletter. These are all opportunities to apply the rule. At the same time, the names of rules violators must be kept out of the newsletter and those of chronic complainers are probably best not put into print. There’s little or no value in giving their negativity any prominence by printing their names and inappropriate complaints.

In all newsletter issues, the names and positions of board members should be included to lend credibility to the publication, add substance to the governance of the association and identify the areas of accountability of members of the board. The name and full contact information for the association manager should also be included in each issue. Nearby should also be appropri26

May 2012 | ECHO Journal

ate contact information and emergency contact information.

Graphics and Photos Add Readability Most people like to look at photos of their community, neighbors and themselves.

Graphics that attract the eye and help illustrate the main point of a story and photos that bring human interest into play enliven text. They are also useful if news is short for a particular issue and space needs filling.

Again, color is especially helpful for graphics and photos but they can still be very effective printed in black and white. Whether legally taken from the Web or photos from a CID event, graphics and photos must have sufficient contrast to show well in a newsletter printed in black. And as noted earlier in this article, don’t forget the impact that a slogan joined with a graphic can have in increasing interest, understanding and readability.

Conclusion To be read and to enhance the sense of community a CID newsletter needs to be more than plain text in the form of a conven-

tional business letter. It requires informative stories that will interest the readership and speak to the typical resident in clear and direct language about people and events of community importance. It requires pages that catch the eye and graphics and photos to spike interest and that explain points that are difficult to articulate only in text. It requires content that is encouraging, explanatory and upbeat rather than stories that are little more than a list of complaints and reports of violations.

Boards and association managers know their communities. The writer and newsletter editor’s job is to absorb as much of that knowledge as possible and then to reach out to the CID reader by using all the principles, tools and techniques for good writing and successful desktop publishing.

Larry Mesplé is president of the Sonoma Greens Condominium Association. He works at Management4HOAs, LLC as newsletter editor for more than 30 homeowner associations in Marin and Sonoma counties. Previously he worked in real estate development for three decades.

Exterior Envelope Repair Servicing the Entire Bay Area

SERVICE Should you need construction help with: Common Development Properties, Single Family Homes, High Rise Building Facilities and Maintenance, CID Repair and Maintenance, Litigation Support, Water Testing, Destructive and Non-destructive Testing utilizing Thermo-Imaging.

Give us a call. Estimates always free.

2021 Las Positas Ct. Suite 151 Livermore, CA 94551 Phone: 925-454-0358 • Fax: 925-271-0210 E-mail: info@btcquality.com

www.btcquality.com

ECHO Journal | May 2012

27

28

May 2012 | ECHO Journal

Ask the Maintenance Experts

By John Schneider

What is a “Request for Proposal”?

UESTION: What is a “request for proposal”? The association to which I belong needs to have some roofing and siding work done, and I’ve been told that the best way to get contractors to bid the job is to provide them with a proposal request. What type of information needs to be in the document?

John Schneider, a member of the ECHO Maintenance Resource Panel, provides the answer to this month’s question.

ANSWER: A “request for proposal” (commonly referred to as RFP) is a document drafted by a building owner or association that formally solicits a bid for material, services,

Q

construction, or repair of a building, system, or component.

Commonly used when soliciting bids on larger projects, RFPs are increasingly being used by associations on smaller jobs as a tool to clarify and detail the work being desired. An RFP usually contains specific information about the services being requested, and the information necessary for a bid proposal to be considered by the association. Along with a scope of work, an RFP can ensure that all contractors bidding on the job are bidding to perform the work in the same manner with the same material.

Repairs to buildings and components of a common interest development are often very specific and must be done on a periodic basis with minimal impact on the residents. Although repairs to a complex may be major (siding or roof replacement) or minor (replacing light fixtures, signage), specifying the needs of the association with how the work is done and what is expected of the contractor will always lead to a better overall project.

Associations are charged with the responsibility to maintain and repair the complex and ensure that the repairs to a complex are

ECHO Journal | May 2012

29

performed by qualified contractors and properly done in an efficient manner. Creating an RFP can be a valuable tool when requesting any repairs or reconstruction. An RFP can be a simple one page document or it can be more detailed upon the size of the work being requested and the needs of the association. The association, a construction consultant or a project manager, can draft it.

As a basic template, an RFP should have two main parts. The first part would contain a summary of the work to be performed, the general expectations of the association during the course of the project, an estimated time frame for the work to be done, a scope of work listing methods of installation and materials to be used, and any special requirements the association may have with regards to access to the units, where material may be stored, and parking of contractor vehicles.

An RFP should have two main parts: a summary of the work and submission requirements for contractors.

The second part of the RFP should detail the submission requirements for contractors presenting proposals. Determine what information you will need from each bidding contractor to ensure that the firm is qualified and capable to do the work. Ask the contractor to describe how the work will be performed and how the contractor will address any special issues associated with the job.

This section should also require contractors to state that they are properly licensed and equipped to perform the work; contact information for the company and foreman on the job; and certificates of insurance for general liability, professional liability, and workers compensation.

The RFP should clearly state the date proposals are to be submitted and the date a decision will be made to award the contract.

Be sure to request a list of at least three previous jobs that closely reflect the work being anticipated. Prior to selecting a bid proposal, someone from the association must inspect the properties listed as a reference to deterContinued on page 33 30

May 2012 | ECHO Journal

Legislation at a Glimpse As of April 13, 2012 Bill No.

Author

Subject

Status

Position

Summary

AB 805

Torres

Davis-Stirling Revision Part 1

Passed Senate Housing.

To Judiciary.

Support

This is the first of two bills from the California Law Revision Commission that restate and clarify the Davis-Stirling Act.

AB 806

Torres

Davis-Stirling Revision Part 2

Passed Senate Housing.

To Judiciary.

Support

This is the second of two bills from the California Law Revision Commission that restate and clarify the Davis-Stirling Act.

AB 1547

Eng

Extend “Blight” Fines

In Assembly Finance.

Support

This bill would remove the sunset provision in a law that allows local municipalities to fine owners of foreclosed units for failing to maintain their properties.

AB 1557

Skinner

Extend “Blight” Fines

In Assembly Finance.

Support

This bill would extend the sunset provision to 2018 for a law that allows local municipalities to fine owners of foreclosed units for failing to maintain their properties.

AB 1720

Torres

Gated Communities

Amended 3/22.

To Consent Calendar.

Support

This bill would require that gated communities grant access to licensed private detectives for the purpose of service of process, provided they produce required documentation.

AB 1726

Allen

Pool Maintenance

In Assembly Oppose Health.

Unless Hearing 4/24. Amended

This bill would require that all public pools (including CID pools) use a “qualified pool operator” as defined by law. The operator must take state-mandated courses.

AB 1838

Calderon

Association Records

Amended 3/22. In Assembly Judiciary.

Existing law prohibits associations from charging fees for providing certain documents to prospective purchasers. This bill would extend those prohibitions to an authorized representative of an association, and would also authorize a penalty for violating the law. The bill also requires that the financial disclosure form be written in at least 10point type.

AB 1963

Huber

Tax on Services In Assembly Watch Taxation.

Hearing 5/14.

This bill would make dramatic changes to California’s tax code. One portion of the bill extends taxes to services.

AB 2273

Wieckowski

Purchaser Information

In Assembly Watch Housing.

Hearing 4/25.

This bill would require that an owner who is selling his or her unit provide information about the purchasing owner to the association.

SB 561

Corbett

Third Party Collections

In Assembly Judiciary.

Hearing cancelled.

Oppose

Would require any third party acting to collect payments or assessments on behalf of an association to comply with the same requirements imposed on the association. Makes statement of legislative intent.

SB 880

Corbett

Electric Vehicle Charging Stations

Signed by the Governor.

Neutral

This bill cleans up problematic sections of last year’s electric vehicle charging station law. The revisions give more oversight and control to the association.

SB 1244

Harman

Foreclosure Procedures

In Senate Judiciary.

Support

This bill eases the notice requirements for units sold in a foreclosure sale. If a unit owner is not able to be served, the bill would, among other requirements, allow the association to post notice in a reasonable location.

Oppose Unless Amended

ECHO Journal | May 2012

31

News from ECHO

The Perils of Hidden Damage Every community association will face a major reconstruction project several times in the life of the development. This may occur because of clearly anticipated problems, such as re-roofing or re-painting, but it can also occur because of completely unanticipated, and unreserved-for, problems such as dry rot repair, soil subsidence, or leaks in windows and siding.

California’s Davis-Stirling Act requires only that a community association reserve fund include those components that visual inspections of accessible areas reveal have a useful life of 30 years or less, and makes no allowance whatsoever for reconstruction due to hidden and unknown deterioration. There can be two decidedly different outcomes to any attempt to repair previously unknown damage. The first outcome is a predictable project that succeeds in repairing the damage within the association’s financial means.

The second outcome is the situation where invisible damage is so unexpected and expensive to repair that it overwhelms the association’s resources.

Even during planned or expected repairs, surprises can 32

May 2012 | ECHO Journal

occur when building components that are not visible or accessible are exposed during construction. Normal painting projects can reveal rotted areas due to long-term intrusion of water. A minor deck or siding repair can expose framing components that have allowed water to enter slowly for years without any way to get it out except evaporation. Problems with deteriorating concrete walkways or driveways due to the invasion of roots or soil subsidence due to unconsolidated fill may develop so slowly that they escape notice.

Or there can be a catastrophic event—a spontaneous failure that occurs when someone leans on a rotted balcony railing, for example. Three people in Antioch, California were severely injured recently when such a railing collapsed.

None of these building components would likely be included in the usual reserve account and unless detected by some other means, would not appear in the maintenance budget; yet the association in a typical condominium and in many planned developments, is nevertheless responsible for necessary repairs—unexpected repairs for which there was no reserve funding. So now you have a collapsed balcony or maybe a lot of rotted framing—what do you do?

Follow these steps and you will improve your chances of successfully solving the problem.

• Find the Right Expert • Detect Hidden Damage • Bid the Job • Draft the Contract • Fund the Project

Creating Effective Association Newsletters A newsletter that more people will read can enhance a sense of community in a common interest development (CID). This interest in the community can make management easier and also help to sustain or improve property values.

Creating a newsletter that CID residents will read can be a challenge to the writer or editor. The following tools and techniques must be mastered: • Know your readership.

• Attract that readership.

• Write well, simply, accurately, and avoid jargon.

• Be direct. Use strong and simple verbs, avoid the passive voice and be specific.

• Be informative. Give readers information that will be useful to them.

• Don’t be a nag.

• Names make news.

• Graphics and photos add to readability.

To be read and to enhance a sense of community a CID newsletter needs to be more than plain text in the form of a conventional business letter. It requires informative stories that will interest the readership and speak to the typical resident in clear and direct language about people and events of community importance. It requires pages that catch the eye and graphics and photos to spike interest and that explain points that are difficult to articulate only in text. It requires content that is encouraging, explanatory and upbeat rather than stories that are little more than a list of complaints and reports of violations.

What is a “Request for Proposal”?

A “request for proposal” (commonly referred to as RFP) is a document drafted by a building owner or association that formally solicits a bid for material, services, construction, or repair of a building, system, or component. Commonly used when soliciting bids on larger projects, RFPs are increasingly being used by associations on smaller jobs as a tool to clarify and detail the work being desired. An RFP usually contains specific information about the services being requested, and the information necessary for a bid proposal to be considered by the association. Along with a scope of work, an RFP can ensure that all contractors bidding on the job are bidding to perform the work in the same manner with the same material.

Associations are charged with the responsibility to maintain and repair the complex and ensure that the repairs to a complex are performed by qualified contractors and properly done in an efficient manner. Creating an RFP can be a valuable tool when requesting any repairs or reconstruction. An RFP can be a simple one-page document or it can be more detailed depending upon the size of the work being requested and the needs of the association. The association, a construction consultant or a project manager, can draft it.

What is a “Request for Proposal”?

Continued from page 30

mine if the quality of the work performed meets with their satisfaction.

Sending out an RFP will inevitably trigger phone calls and questions from bidding contractors and requests for site visits to review the project. Associations should appoint one individual to handle all of the information requests and site visits to ensure each contractor sees and receives the same information. This person could be a committee member, a construction consultant, or project manager and should be familiar with the project and the association’s needs.

It is important to remember that bidding a job takes time and manpower that a contractor normally does not charge for. Reputable contractors will not bid jobs that are poorly defined, and they are hesitant to work with associations that do not appear to be organized, do not have a single point of contact, or cannot make timely decisions. Even in these tough economic times, good contractors will be selective in whom they will work for, and under what conditions. If a request for bids is not clearly stated, it will be harder for an association to determine if the bidding contractors are truly qualified and whether they are actually bidding on the same work.

As a final note, when you do ask contractors to submit proposals for work, it is professional courtesy to notify each of the firms submitting proposals the outcome of the bid review. Whether a contractor is awarded a proposal or not, they have invested a lot of time in preparing the bid and they deserve to be told what the board decided. A proper notice should include the statement that the association has chosen not to accept the contractor’s proposal, and that they appreciated the time and effort the contractor spent in preparing their bid. This can be done via a letter, an email or a simple phone call.

John R. Schneider is a licensed General Building Contractor and certified Code Specialist. Since 1985, he has been president of All About Homes, Inc., an East Bay consulting company that specializes in the investigation of construction related deficiencies, the management of projects, and the facilitation of disputes between owners, associations and vendors. He is a member of the ECHO Maintenance Panel. Questions or comments can be directed to him at jrschneider@allabouthomes.com.

HUGHES GILL COCHRANE, P.C. is pleased to announce the

10-Year Anniversary of the Firm and that

Amy K. Tinetti has been made a Principal of the firm.

Hughes Gill Cochrane will continue its real estate practice with an emphasis in Common Interest Developments and litigation.

HGC

HUGHES GILL COCHRANE P.C. A TTORNEYS A T L AW

1600 South Main Street, Suite 215 Walnut Creek, California 94596 Tel (925) 926-1200 Fax (925) 926-1202

ECHO Journal | May 2012

33

Directory UPDATES Updates for listings in the ECHO Directory of Businesses and Professionals, now available online at www.echo-ca.org.

New Members Custom Exteriors, Inc. 440 Boulder Court # 400 Pleasanton, CA 94566 Tel: 925-249-2280 Fax: 925-249-2288 www.custom-exteriors.com

6(59,1* &20081,7,(6 7+528*+287 1257+(51 &$/,)251,$ 672&.721 +4 ‡ )5(0217 6 (59,1* &20081,7,(6 7+528*+287 1257+(51 &$/,)251,$ 672&.721 +4 ‡ )5(0217 PLEASANTTON ‡ &233(5232/,6 ‡ 02'(672 ‡ 6$17$ &/$5$ PLEASANTON ‡ &233(5232/,6 ‡ 02'(672 ‡ 6$17$ &/$5$

M & C Associa Association tion Management Mana n gement Services Services pr provides ovide es community community association association m anagement and and developer developer services services to to Fremont, Fremont, Pleasanton, Pleasanton, Santa Santa Clara, Clara, Stockton, Stockton, management M odesto, Copperopolis Copperopolis and and the the surrounding surrounding foothills. foothills.

Modesto, Since 1 990, o ur so le focus focu us has been been to to deliver deliver performance performance that enriches enriches 1990, our sole communities proud co mmunities and enhances enhancces the lives lives of the people people we we serve. serve. M & C iiss p roud to to be be Ž Ž Accredited an A ccredited Association Association Management Management Company Company (A (AAMC AAMC )),, w which hich iiss tthe he C Community ommunity Associations Associations Institute’s Institute’s highest GHVLJQDWLRQ DZDUGHG WR PDQDJHPHQW ÀUPV highest GHVLJQDWLRQ DZDUGHG WR PDQDJHPHQW ÀUPV

J.J & J Landscape Management, Inc. 43984 Rosemere Drive Fremont, CA 94539 Tel: 510-304-3199 Fax: 510-438-0968 www.3jlandscape.com Lois K. Vega, CPA 39221 Paseo Padre Parkway, Suite K Fremont, CA 94538 Tel: 510-794-1040 Fax: 510-794-1230 www.loisvegacpa.com Silicon Valley Site Services 481 Auzerais Ave San Jose, CA 95126 Tel: 408-320-0014 Fax: 408-273-6877 www.svsiteservices.com

Become an ECHO Business and Professional Member and receive the many benefits of membership.

3OHDVDQWRQ ‡ )UHPRQW ‡ 6DQWD &ODUD 3OHDVDQWRQ ‡ )UHPRQW ‡ 6DQWD &ODUD Stockton Stockton 209.644.4900 209.644.490 00 ‡ ‡ 0RGHVWR ‡ &RSSHURSROLV 0RGHVWR ‡ &RSSHURSROLV For management pr proposal oposal information, informattion, please visit www www.mccommunities.com w.mccommunitiess.com or email inf info@mccommunities.com fo@mccommunities.com s.com 34

May 2012 | ECHO Journal

To learn more, visit our membership page at www.echo-ca.org

ECHO Events Calendar

Jot these down!

Thursday, May 3 North Bay Resource Panel 11:45 a.m.

Contempo Marin Clubhouse 400 Yosemite Rd, San Rafael

Wednesday, June 6 Maintenance Resource Panel 12:00 Noon ECHO Office, 1602 The Alameda, Suite 101, San Jose

Tuesday, May 8 Central Coast Resource Panel 12:00 Noon Pasatiempo Inn, Santa Cruz

Friday, June 8 East Bay Resource Panel 12:00 Noon Massimo Restaurant 1603 Locust St., Walnut Creek

Monday, May 14 Accountants Resource Panel 6:00 p.m.

Francesco’s Restaurant, Oakland Wednesday, May 16 Wine Country Resource Panel 11:45 a.m.

Eugene Burger Mgmt. Co., Rohnert Park, CA

Wednesday, June 13 South Bay Resource Panel 12:00 Noon Buca Di Beppo 1875 S. Bascom Ave., Campbell Wednesday, June 20 Wine Country Resource Panel 11:45 a.m.

Eugene Burger Mgmt. Co. Rohnert Park, CA

O H C l E a 2 1 u 20 Ann inar 23 m 22, e S e n u J

Friday and Saturday June 22, 23 ECHO Annual Seminar Santa Clara Convention Center Santa Clara

Thursday, July 5 North Bay Resource Panel 11:45 a.m.

Contempo Marin Clubhouse 400 Yosemite Rd, San Rafael Monday, July 9 Accountants Resource Panel 6:00 p.m.

Francesco’s Restaurant Oakland

Tuesday, July 10 Central Coast Resource Panel 12:00 Noon Pasatiempo Inn, Santa Cruz Wednesday, July 18 Wine Country Resource Panel 11:45 a.m.

Eugene Burger Mgmt. Co. Rohnert Park, CA

Regularly Scheduled ECHO Resource Panel Meetings Resource Panel Maintenance North Bay East Bay Accountants Central Coast South Bay Wine Country Legal

Meeting First Wednesday, Even Months First Thursday, Odd Months Second Friday, Even Months Second Monday, Odd Months Second Tuesday, Odd Months Second Wednesday, Even Months Third Wednesday, Monthly Quarterly

Location ECHO Office, San Jose Contempo Marin Clubhouse, San Rafael Massimo Restaurant, Walnut Creek Francesco’s Restaurant, Oakland Pasatiempo Inn, Santa Cruz Buca Di Beppo, Campbell Eugene Burger Management Co., Rohnert Park Varies ECHO Journal | May 2012

35

Netwion Edi

Beyond Privatopia $20.00 Non-Member Price: $25.00 The rise of residential private governance may be the most extensive and dramatic privatization of public life in U.S. history. In Beyond Privatopia, attorney and political science scholar Evan McKenzie explores emerging trends in private governments and competing schools of thought on how to operate them, from state oversight to laissez-faire libertarianism.

Condominium Bluebook 2012 Edition $17.00 Non-Member Price: $25.00

Condos, Townhomes and Homeowner Associations Member Price: $29.00 Non-Member Price: $45.00

Community Association Statute Book—2012 Edition Member Price: $15.00 Non-Member Price: $25.00

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.

Contains the 2011 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.

Robert’s Rules of Order $7.50 Non-Member Price: $12.50

The Board’s Dilemma $10.00 Non-Member Price: $15.00

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.

In this essay, attorney Tyler Berding confronts the growing financial problems for community associations. Mr. Berding addresses board members who are struggling to balance their duty to protect both individual owners and the corporation, and gives answers to associations trying to avoid a funding crisis.

2012 Community Association Treasurer’s Handbook Member Price: $29.00 Non-Member Price: $35.00

This well-known compact guide for operation of common interest develop ments 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.

Netwion Edi

cial e p S rice P

Homeowners Associations— How-to Guide for Leadership Member Price: $15.00 Non-Member Price: $25.00 This well-known guide and reference is written for officers and directors of homeowner associations who want to learn how to manage and operate the affairs of their associations effectively.

FOR Board Members Reserve Fund Specialists Property Managers Unit-Owners, Accountants Lawyers, Builders

NEW

2 CHAP TERS ON OP ERATI BUDGETS NG

The Handbook 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.

RESERVE FUND

ESSENTIALS THIRD EDITION FIFTH PRINTING JONATHAN H.

JUFFS Reserve Fund Specialist

Two experts discuss reserve fund planning and control in a refreshingly readable and exceptionally levelheaded style.

GRAHAM D.

OLIVER Board President (ret.), Reserve Fund Aficionado

INCLUDES RESERVE FUNDS FOR CONDOMINIUMS COMMUNITY ASSOCIATIONS HOAs CO-OPS MEMBER-OWNED PROPERTIES MUNICIPAL FACILITIES

Reserve Fund Essentials Member Price: $18.00 Non-Member Price: $25.00 Questions & Answers About Community Associations Member Price: $18.00 Non-Member Price: $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.

This book is an easy to read, musthave 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 $15.00 Non-Member Price: $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.

2011 ECHO Annual Seminar Program Book $15.00 Non-Member Price: $25.00 This 300+ page reference book contains the presentation outlines, text and handouts from the sessions at the 2011 ECHO Annual Seminar held on June 18, 2011. It also contains vital information for association directors, such as assessment collection policies, internal dispute policies, and much more.

Dispute Resolution in Homeowner Associations Member Price: $20.00 Non-Member Price: $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 Now Order Online at www.echo-ca.org

Bookstore Order Form Board Member’s Guide for Contractor Interviews $20.00 Non-Member Price: $25.00

Executive Council of Homeowners 1602 The Alameda, Suite 101, San Jose, CA 95126 Phone: 408-297-3246 Fax: 408-297-3517 TITLE

QUANTITY

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 8.25%) TOTAL AMOUNT

Yes! Place my order for the items above.

Board Member’s Guide for Management Interviews Member Price: $20.00 Non-Member Price: $25.00 This guide for use by boards for conducting complete and effective interviews with prospective managers takes the guesswork out of the interview process. Over 80 questions covering every management duty and includes answer sheets matched to the questions.

q Check q Visa q MasterCard Credit Card Number Exp. Date

Signature

Name (please print) Association (or company) Address City Daytime Telephone

State

Zip

AMOUNT

By Mary Anne Sayler

Understanding the Concept n the early 60s there was a plethora of senior housing being built. Bay Area developer Gerson Bakar asked himself why one had to wait to be a senior before enjoying such amenities—health clubs, tennis courts, social areas, etc. The result was the flagship of planned communities—the 990 unit Woodlake in San Mateo. The innovative concept resulted in a sense of community where residents felt they mattered. Programs were designed based on resident interests. There developed a cohesive community, many friendships and residents enjoying a wide range of leisure activities, in other words—a neighborhood!

I

Fast forward to 2012. As I look at most community facilities now I find them closed up with minimal or no use of common spaces except for the monthly board meetings and an occasional party rental, a total waste of an amenity that should be working for the community.

38

May 2012 | ECHO Journal

Amenities Will Work Only if the Concept is Understood

The attractiveness of the lifestyle will increase marketability of the units and keep property values competitive.

etc., are the only “interaction” available to us?

A small active group of residents can be the catalyst for events that give the community a cohesive identity. A sports afternoon will result in meeting neighbors, coffee time will allow residents to hear of outside interests that may be shared or explored. The directions must come from the potential participants in order to be successful. Mutual interests create the social bonds that build a cohesive community.

The role of the board of directors is to PROTECT, MAINTAIN AND ENHANCE the property. It is often easy to lose this crucial focus. It may be time to rethink the mission and add the building of a community.

The well being of the residents should be the focus of the board of directors, not only to impart rules and regulations. Is it possible that all communication is limited to the electronic media, and that Facebook, Twitter,

Mary Anne Sayler is the principal at Sayler, Inc. in San Mateo. Sayler, Inc. is a business that develops master design plans for upgrading commercial and multi-unit housing communities.

The utilization of facilities for the benefit of residents will result in many positive rewards. The catalyst for social interaction should be a person, who is trained in offering programs that meet the residents’ interests.

Knowing your neighbor makes for a safer environment, results in minimal or no vandalism and generally a much healthier place in which to live. Residents who have pride in the community in which they live are also the best referral for a community.

New election rules: $500 In today’s economic crisis, there may be some items that associations can cut to reduce costs. ECHO membership is not one. Let’s face it, educated board members are better fiduciaries, which helps them to avoid costly law suits and possibly personal liability.

ECHO is the premier resource in California for board member education. ECHO offers new articles each month with practical and easy to understand advice about current California requirements, and what may be on the horizon. ECHO staff is available by phone or E-mail to answer members’ questions about association problems or to recommend competent professional services when necessary.

And with discounted member rates at more than a dozen educational events throughout the year, ECHO is simply the best educational resource for California homeowners.

Avoid Litigation Each year, as a member benefit, ECHO sends every board member a copy of the updated Community Association Statute book. Every issue of the ECHO Journal and every seminar examine one or more aspects of compliance with association law, because one of the major causes of expensive litigation is ignorance of the law.

Mailing ballots: $200 Make Better Financial Choices Many associations struggle to understand reserve funding requirements and strategies, the benefits and disadvantages of using special assessments, proper collections practices, and even how to determine what components the association is required to maintain.

At a time when wise financial planning is essential, ECHO members have access to a wealth of articles about reserve funding, budgeting, insurance, collections, and much more.

Fight Costly Regulation Every year, Sacramento legislators introduce more legislation that confuses the job of California board members and increases the costs of compliance. ECHO is committed to fighting unnecessary regulation in California and promoting the interests and welfare of common interest developments.

Hire Competent Professionals ECHO offers a variety of articles and publications to help members evaluate their service providers, including questions to ask prospective management firms and contractors. All ECHO Journal articles are available to members at no cost, and publications are sold to members at a discount.

Avoiding a lawsuit: Priceless.

Spend a Little, Get a Lot The cost of ECHO membership is minimal. In a worsening economy, associations are looking to cut big expenses from their budgets. Yet, ECHO membership is as little as 25¢ per unit each month. For that small cost, here’s what every board member receives as part of being a member of ECHO: • A subscription to the ECHO Journal • An annual copy of the current Community Association Statute book • Unlimited access to ECHO’s library of past articles • Telephone consultations with ECHO staff about their problems • Reduced fees for ECHO events • Discounted prices on publications • And much more…

In These Tough Economic Times, ECHO Membership is a Necessity As the only California organization devoted exclusively to board member and homeowner education, ECHO is a one-of-a-kind resource that your association can’t afford to lose.

ECHO Honor Roll

About

ECHO Honors Volunteers Beth Grimm 2011 Volunteer of the Year ECHO Resource Panels Accountant Panel Richard Schneider, CPA 707-576-7070 Central Coast Panel John Allanson 831-685-0101 East Bay Panel Beth Grimm, Esq., 925-746-7177 Mandi Newton, 415-225-9898 Legal Panel Mark Wleklinski, Esq. 925-280-1191 Maintenance Panel Brian Seifert, 831-708-2916 North Bay Panel Diane Kay, CCAM, 415-846-7579 Stephany Charles, CCAM 415-458-3537 San Francisco Panel Jeff Saarman, 415-749-2700 South Bay Panel Toni Rodriguez, 408-848-8118 George Engurasoff, 408-295-7767 Wine Country Panel Maria Birch, CCAM, 707-584-5123

Legislative Committee Paul Atkins Jeffrey Barnett, Esq. Sandra Bonato, Esq. Jerry Bowles Joelyn Carr-Fingerle, CPA Chet Fitzell, CCAM John Garvic, Esq., Chair Geri Kennedy, CCAM Wanden Treanor, Esq.

40

May 2012 | ECHO Journal

SF Luncheon Speakers John Allanson Jeffrey Barnett, Esq. Tyler Berding, Esq. Ronald Block, PhD. Sandra Bonato, Esq. Wendy Buller Doug Christison, PCAM, CCAM Karen Conlon, CCAM Rolf Crocker, CCAM Ross Feinberg, Esq. David Feingold, Esq. Tom Fier, Esq. Kevin Frederick, Esq. John Garvic, Esq. Beverly Gordon, CCAM Sandra Gottlieb, Esq. Beth Grimm, Esq. Brian Hebert, Esq. Roy Helsing Stephen Johnson, CFP Garth Leone Nico March Kerry Mazzoni Thomas Miller, Esq. Larry Pothast Larry Russell, Esq. Steve Saarman Jim Shepherd Nathaniel Sterling, Esq. Debra Warren, PCAM, CCAM Steven Weil, Esq. Mark Wleklinski, Esq. Glenn Youngling, Esq.

Seminar Speakers June 18, 2011 ECHO Annual Seminar Julie Adamen John Allanson Jeffrey Barnett, Esq. Tyler Berding, Esq. Jacquie Berry Sandra Bonato, Esq.

Jeffrey Cereghino, Esq. Timothy Cline Paul P. Cordova, PE Alan Crandall Bradley Epstein, Esq. Lisa Esposito, CCAM John Garvic, Esq. Beverlee Gordon Sandra Gottlieb, Esq. Patrick Holman Linnea Juarez, PCAM, CCAM David Kuivanen, AIA Kerry Mazzoni Evan McKenzie, Esq. Steven Saarman Brian Smith Deon Stein, Esq. Wanden Treanor, Esq. Steven Weil, Esq.

Recent ECHO Journal Contributing Authors February 2012 Jeffrey A. Barnett, Esq. Robert Booty Carl Brown, RCI, RRO Tom Fier, Esq. Steven S. Weil, Esq. March 2012 Julie Adamen David L. Hughes John R. Schneider Kevin Scroggins David C. Swedelson, Esq. Steven S. Weil, Esq. April 2012 Kenneth Carlisle Colletta Ellsworth-Wicker, CMCA, AMS, PCAM Graham Oliver Debra A. Warren, CMCA, PCAM

ECHO What is ECHO? ECHO (Executive Council of Homeowners) is a California non-profit corporation dedicated to assisting community associations. ECHO is an owners’ organization. Founded in San Jose in 1972 with a nucleus of five owner associations, ECHO membership is now 1,525 association members representing over 150,000 homes and 325 business and professional members.

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.

If your company wants to reach decision makers at over 1,450 homeowner associations, you can become an associate member and join 350 other firms serving this important membership.

Benefits of ECHO Membership • Subscription to monthly magazine for every board member • Yearly copy of the Association Statute Book for every board member • Frequent educational seminars • Special prices for CID publications • Legislative advocacy in Sacramento

ECHO Membership Dues HOA Size 2 to 25 units 26 to 50 units 51 to 100 units 101 to 150 units 151 to 200 units 201 or more units Business/Professional

Rate $120 $165 $240 $315 $390 $495 $425

ECHO Journal Subscription Rates Members Non-members/Homeowners Businesses & Professionals

$50 $75 $125

How Do You Join ECHO? Over 1,800 members benefit each year from their membership in ECHO. Find out what they’ve known for years by joining ECHO today. To apply for membership, call ECHO at 408-2973246 or visit the ECHO web site (www.echo-ca.org) to obtain an application form and for more information.

ECHO Marketplace

Advertiser Index

The place to find business and professionals for your association

California’s Premier Reserve Study Provider Offering the same outstanding service, excellence, and expertise for over 20 years!

800-500-8505 · Fax: 800-500-7305 · www.ARA-LLC.com

2 MONTHS management fee for FREE!*

We’ll beat any competitor’s price by 25%.

MORE SERVICE: Calls & Emails returned same day. Work completed by deadline.

*Prorated

Neighborhood Association Management, Inc. (800) 811-0841 x22 Dee@Neighborhoodam.com www.Neighborhoodam.com

Find answers to almost any question about CIDs

Ace Property Management . . . . . . . .17 American Management Services . . .11 Angius & Terry . . . . . . . . . . . . . . . . .3 A.S.A.P. Collection Services . . . . . . .12 Association Reserves . . . . . . . . . . .27 Berding | Weil . . . . . . . . . . . . . . . . .44 Bob Tedrick Construction . . . . . . . .16 Collins Management . . . . . . . . . . . .17 Common Interest Management . . . .24 Community Management Services . .30 Compass Management . . . . . . . . . .17 Cool Pool Service . . . . . . . . . . . . . .22 Cornerstone Community Mgmnt. . . .30 Ekim Painting . . . . . . . . . . . . . . . . .10 Eugene Burger Management Co. . . .26 First Bank Association Bank Srvcs . .10 Flores Painting . . . . . . . . . . . . . . . .34 Helsing Group, The . . . . . . . . . . . . .22 Hughes Gill Cochrane . . . . . . . . . . .33 M & C Association Services . . . . . . .34 Massingham and Associates . . . . . .25 MCM Services . . . . . . . . . . . . . . . .33 Mutual of Omaha Bank . . . . . . . . . .23 PML Management Corp. . . . . . . . . .19 Pollard Unlimited . . . . . . . . . . . . . .24 R. E. Broocker Co. . . . . . . . . . . . . .19 Rebello’s Towing Service . . . . . . . . .23 REMI Company . . . . . . . . . . . . . . . .27 Saarman Construction . . . . . . . . . .12 Statcomm . . . . . . . . . . . . . . . . . . .24 Steve Tingley Painting . . . . . . . . . . . .2 Varsity Painting . . . . . . . . . . . . . . . .13

Questions & Answers About Community Associations Member Price: $18.00 Non-Member Price: $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. Order today from ECHO! Call 408-297-3246, fax at 408-297-3517 or email: info@echo-ca.org ECHO Journal | May 2012

41

SWINGING WITH THE GATSBYS Seminar Sponsors

40th Annual ECHO Seminar The 40th Annual ECHO Seminar is Swinging with the Gatsbys this year. Ask your associates in other common interest developments to join you for a day of education and fun at this important event. They need to hear updates about every important CID responsibility and issue, to see new products and to share in the large number of prizes and favors distributed by 125 trade show exhibitors.

Saturday, June 23, 2012 8:00 a.m.–4:30 p.m.

Santa Clara Convention Center Santa Clara, California Join the Friday Night Reception Join us for hors d'oeuvres, light refreshments and socializing at the Annual Seminar Reception on Friday, June 22, 5:00–6:30 p.m. The cost is $40 to attend.

Special Hotel Rates Don’t miss out on the special room rate of $95 at the Hyatt Regency adjacent to the Santa Clara Convention Center. Call the Hyatt Regency at (800) 2331234 and mention the Executive Council of Homeowners. The special rate is available until June 1, 2012.

Register Online Now is the time for homeowner association board members and professionals to make advance reservations for this event.

Register today by calling ECHO at (408) 297-3246 or online at www.echo-ca.org/annualseminar/.

Educational Sessions SESSION TRACKS

HOA UNIVERSITY Great America J

LEGAL Great America K

Administration Helen Loorya, CCAM

They Are At It Again in Sacramento: 2012 Legislative Update John Garvic, Esq. Kerry Mazzoni

Charging Electric Vehicles in HOAs Larry Russell, Esq.

Hidden Damage and Its Threat to Older HOAs Tyler Berding David Kuivanen

Saturday Morning 10:50 to 12:00

Legal Considerations Kevin Frederick, Esq.

Accessibility and Other ADA Issues Jeffrey Barnett Dawn Anderson, AIA

Nuisances Sandra Gottlieb, Esq.

Who Does What?

Understanding Construction Experts John Schneider

Saturday Afternoon 1:30 to 2:40

Finances David Levy, CPA

Clean Up Your Act: Handling Old CC&R and Rules Violations Sandra Bonato, Esq. Andrea O’Toole, Esq.

Back to the Future: Facing the Email Ban Head-On Steve Weil Ian Brown

Practical HOA Maintenance Part I: Presentations Dick Tippett Brian Seifert

Saturday Afternoon 3:20 to 4:30

Insurance Dean Schibler

Director Recall!

Beth Grimm

Ask The Attorneys Ann Rankin, Esq. Tom Fier, Esq.

Practical HOA Maintenance Part II: Demonstrations Dick Tippett Brian Seifert

Saturday Morning 9:00 to 10:30

MANAGEMENT & FINANCIAL Ballroom G

FACILITIES MANAGEMENT Ballroom H

Registration Form Yes! Please reserve my space at the 2012 ECHO Annual Seminar.

Name _____________________________________________________________ Association/Organization ____________________________________________ Address ___________________________________________________________ City ___________________________________ State _____ Zip____________ Daytime Phone _____________________________________________________ Names of Additional Attendees: 1. ________________________________________________________________ 2. ________________________________________________________________ Visa/MasterCard No. _______________________________________________ Expiration Date_____________________________________________________ Cardholder’s Signature ______________________________________________

Please reserve tickets for the following: Attendees Amount Seminar (members) $75 ____ $________ Seminar (non-members) $90 ____ $________ Buffet Lunch $40 ____ $________ Friday Reception $40 ____ $________ TOTAL $________

Reserve Now Tickets are non-refundable.

Order will not be processed without full payment.

Return with payment to: ECHO 1602 The Alameda, Suite 101 San Jose, CA 95126 Tel: 408-297-3246 Fax: 408-297-3517