Echo Journal September/October 2020 by Echo

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Jacqueline Price jprice@echo-ca.org The Echo Journal is published bi-monthly by the Executive Council of Homeowners (Echo). The views of authors expressed in the articles herein do not necessarily reflect the views of Echo. We assume no responsibility for the statements and opinions advanced by the contributors to the magazine. It is released with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Acceptance of advertising does not constitute any endorsement or recommendation, expressed or implied, of the advertiser or any goods or services offered. We reserve the right to reject any advertising copy or image.

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Features 8

How to Make It Safely Through the Disclosure Minefield

BY DAVID F. FEINGOLD, ESQ. AND

MATTHEW A. HAULK, ESQ.

Davis-Stirling Act Annual Disclosure Checklist

HOA Leadership 102

BY TOM CONNELLY

18 The Self-Managed Association: The Future of Virtual Board Meetings

BY JOHN CLIGNY, AMS, CAMEX, CCAM-HR

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Welcome to the 2020 Echo HOA University & Expo

Track Overview

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The Hidden At-Risk

BY DAVID ZEPPONI

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Index of Advertisers ECHO journal | September/October 2020

EXECUTIVE EXECUTIVE DIRECTOR’S DIRECTOR’S MESSAGE MESSAGE

Raison d’Etre – The Reason for

What a beautiful phrase, raison d’etre (reason for being). It

I Have a Dream, Too... every board member should consider and collectively agree

The Hidden At-RiskThe phrase engenders humanity. The words roll from one’s

This weekend I reflected on the wordsstark of Dr. business loudest, andand not the strategic. It doesn’t of have to senses adds the element humanity t King, Jr.,political, the great American civil be this way. It is precisely because of this unrest that TheMartin stress Luther of our current social, and a board: Strategic planning, execution and evaluation; mis HOA boards can provide a great service to a physical in thiswords, pandemic worldofhas rightssituation leader whose in March 1963, management. The business realities should be reflective of community. These hidden also stressors ofhave our times significantly increased the pressures on all marked the turning point for the civil rights HOA board members should a dream common values of individuals in the community. manifest in association, many ways – often private, society, particularly mostStates. vulnerable and most movement in thethe United Dr. King’s “I for the encapsulated insuch a vision as the late payment of an assessment ormission the susceptible. For them, we hope for the best and Have a Dream” address is so powerful, dynamic statement and executed through its andof huma Communities are imperfect – because they are made manic depression of being cooped-up in a house thatand they are not forgotten. Our hope is for them resilient, that all can learn from and apply operational planning. To be an executive on the using. Humanwith living. Basically, humans b with little or no interaction the outside to receive the support needed to endure.relating. Humans his immortal message in many ways and many board of an HOA means that you can dream, and world. communities There can be other more physicalforget and being human, sometimes that manag contexts to advance HOA communities. you should dream big for your community. treacherous breaks with norms in this abnormal It is the untold millions of others, many living establish norms for a successful community. In a sense, th period. Illness, death, the fear of inconsequence in HOAs, who are of great concern. This large the boards community. Its purpose establish orderNot and eleva So, I have a dream: A dream that all HOA Board members are is theto leaders of the HOA. all can devastate a community. It is important segment of our society is particularly vulnerable have the strength courage to stand up and and only managing mundane but planning progress pace bythis establishing norms constraints to recognize asthe board leaders and to and for to the stressors of theand times since their plight lead hidden because they have Many earned respect of the future respond. of the association. So, if a member is tohardbenefit all. appropriately is often and untold. ofthe these the homeowners and communities they serve; constantly focused onreacts the detail, how can they The way a community to the hidden working families are struggling, businesses are It seems apparent that board leadership must understand a dream which creates meaningful look to the horizon, Dr. King for did,HOA and dream at-risk homeowners is aas challenge facing financial challenges, hate-speak change dominates respectful of and individual rights theowners collectiveinboards. about could be? aand order towhat orchestrate sense of community and g Consider the times the importance media channels, the real fear and of contracting of building community when uncontrollable a deadly disease dominates the voices of society rights of the community. That through clarity of and protect community values. The purpose of a board, ther mount community members. where “news” become arespectful gladiator sport and of pressures vision and has the eloquent, execution Leadership is on about listeningfamily and empowering build community based on common values for the good of Consider the consequences of rigid enforcement homeowners an inconsequential collateral in an authority, all HOA communities thrive. – it’s about having a dream, building a path, often brought on by uncontrollable societal arena of criticism. All this is taking a toll on us It takes time to orchestrate a community. It atakes conquering obstacles and advancing visiontime for to kno stressors. Who imagined that we would be – we the people who form the backbone of our Where is the dream in your community? Doto you Challenging courageous time listenthe tofuture. the voices and times buildrequire a vision reflective of c sheltered in place for more than six months? I society. Those who have invested in homes and sometimes feel that your association and boardyou is will leaders. Let’s pay homage to one of America’s be more effective as a board member and sati families and the American way of life. Continued on page 38 reacting and not leading? It’s an unfortunate greatest leaders and apply “the dream” to your your reason for being on the board. reality of HOA management that laws and risk community. Then you too will have a dream. management often drive agendas. A ECHO volunteer is committed to helping homeowner boards and resid board can easily fall into the illusion of leadership ing and advocacy – this is our “raison d’etre”. by being caught up in the doing, the urgent or the

Good luck and stay safe, Sincerely,

Sincerely,

ECHO ECHO EXECUTIVE EXECUTIVE DIRECTOR DIRECTOR

David Zepponi Executive Director

6 January/February 2020 | ECHO journal September/October 2020 | ECHO journal

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FREE Access to Online Video Conferencing for HOA Board Meetings During the coronavirus isolation, you are not alone. Echo is working hard to build resources to assist you and your HOA during this difficult time. Members can log onto the Echo website and register for FREE Zoom video conferencing for HOA board meetings. Not an Echo member? Join today and have quick access to this easy- to-use service. Look for solutions through the Echo We Care campaign. It was created because at Echo We Care about you! Members can log on to the Echo website to get instant access and schedule a meeting!

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ECHO journal | September/October 2020

What You Need to Know About What They Want to Know BY DAVID F. FEINGOLD, ESQ. AND MATTHEW A. HAULK, ESQ.

HOW TO MAKE IT SAFELY THROUGH THE DISCLOSURE MINEFIELD 8

September/October 2020 | ECHO journal

BY WILLIAM M. SCHERER, ESQ. & LOUIS J. SARMIENTO, JR., ESQ.

Tread lightly. Dealing with annual disclosures to members, and the related disclosures in the purchase and sale of a lot or unit in a common interest development, can be like walking through a minefield. Both must be done very carefully. Community associations are required to make very specific disclosures to their members throughout the calendar year, and to make specified information available to sellers, which is then passed on to prospective purchasers. To make it safely through, it is helpful to know the history of how and why this minefield was created in the first place.

A Brief History The mandatory disclosure obligations predate the adoption of the Davis-Stirling Act (DSA) in 1985. In 1983, an urgency amendment to Civil Code §1360 was sponsored by the California Association of Realtors® (CAR). CAR was reacting to the Raven’s Cove case, which held that directors who were employees of the developer were fiduciaries and, among other things, obligated to fund and maintain proper reserves when the board was controlled by the developer. In support of the bill, CAR argued that most associations had “ignored Continued on page 10

ECHO journal | September/October 2020

How to Make It Safely Through... Continued from page 9

the responsibility to maintain adequate monetary reserves” and that it was therefore important to “establish uniform budgeting disclosure procedures for all homeowners associations.” The bill, as originally drafted, was opposed by none other than the California Department of Real Estate (DRE). Then DRE Commissioner, James Edmonds, Jr. wrote, prophetically, that: The bill would require every common interest subdivision association, whether it be a condominium, stock cooperative, community apartment project, or planned development, whatever may be its size and whatever may be the extent of its common facilities to make identical reports at specific times. Every

homeowners’ association bears a like and onerous burden of reporting. Today, 37 years after the disclosure obligations were first put into place, many believe that the complex one size fits all system of disclosures has replaced one problem with another. Compliance is not easy, and community managers spend a substantial amount of time simply trying to keep up with the requirements. And too often associations, managers, realtors, sellers, and buyers are frustrated, confused – or sued – over a failure to comply with the dizzying array of disclosure obligations. We recommend that boards think of disclosures as a two step process. Step one is complying with the annual disclosures to the members. Step two is complying

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with the disclosure obligations in a purchase and sale transaction. Both steps are important, and both carry the risk of putting your foot down in the wrong place. However, if an association has not complied with the first step, it has little hope of complying with the second step of the disclosure process.

Step One – Annual Disclosures Although often overlooked, one of the most important duties that a board of directors has each year is the duty to review, approve, and then disclose to its members information about the association. See page 13 for a Disclosure Checklist that references the requirements and the timing of the mandatory disclosures, as well as other as-needed disclosures. In 1985 one of the most important disclosures was the “Pro Forma Operating Budget.” Today, that has expanded and is known as the “Annual Budget Report.” (Civil Code Section 5300, et seq). It is known as the Annual Budget Package because it is more package than report – a collection of documents and statements that tell a story about the association: its financial health, the condition of its buildings, and in some respects, whether it is a functional or dysfunctional community. One of the most overlooked requirements in the Annual Budget Report is the requirement found at Section 5300(b) (5), which requires that the association tell members: “…whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will

be required to repair, replace, or restore any major component or to provide adequate reserves therefore. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. This bears repeating. The board must make a statement as to whether it “anticipates” the need to levy a special assessment in the future to make repairs or provide for adequate reserves. On this subject, reasonable minds may differ. For most older associations, the statement should often be something along the lines of “maybe, it depends.” As shown on the accompanying disclosure chart, step one also involves providing members with year-end financial statements, its collection policy, insurance information, and even notices about the right to receive the disclosures.

For any association facing the challenge of underfunded reserves, budget shortfalls, and failing buildings, it is best not to address each purchase and sale on an ad hoc basis.

Who do the volunteer directors look to for guidance in complying with the requirements of annual member disclosures? Their community managers, of course. And while the obligation to provide this service is not only more than likely in the

management contract, and required in the exercise of a manager’s standard of care, in the end it is an association (i.e., a board of directors) responsibility – so all involved must pay attention.

Step Two – Purchase and Sale Disclosures The Step One information finds its way to a prospective buyer through Step Two, found at Civil Code Section 4525, which requires a seller to “as soon as is practicable” provide specified documents and information to the buyer, including: (1) Governing Documents; (2) a statement regarding age restrictions; (3) the Annual Budget Report, aka Package; (4) a statement regarding assessment levels and past due assessments; Continued on page 12

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ECHO journal | September/October 2020

How to Make It Safely Through Continued from page 11

(5) any notices to the Owner regarding unresolved violations; (6) a Section 6100 preliminary list of defects (if any); (7) post-litigation defect correction summary (if any) per §6100; (8) changes in assessments approved but not yet due; (9) a summary of any prohibition on rentals; and (10) upon request, the past 12 months of minutes. The Step Two disclosures have to be delivered to the seller within 10 days of the request, and while fees can be charged, estimates must be provided, and a specified form must be used. A willful failure to comply with Step Two comes with a maximum

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$500 civil penalty, but the real exposure is in a lawsuit for nondisclosure, where a claimant’s damages may include all “actual damages occasioned” by a failure to disclose, and attorney’s fees. For any association facing the challenge of underfunded reserves, budget shortfalls, and failing buildings, it is best not to address each purchase and sale on an ad hoc basis. Rather, consider implementing a standard process, have it approved by the board and the association’s legal counsel, and then make sure it is followed. Look for our recommendation on that process, and a draft resolution on disclosures, in the next issue of the Echo Journal.

Summary The board should take an active role in disclosing important information about the association every year and ensuring that prospective purchasers know the association’s story before they become members. This is especially important in aging associations anticipating extraordinary repairs and special assessments. People can deal with bad news, but they really, really hate surprises. In the next issue, a recommended approach to disclosures in these situations will be discussed.

David F. Feingold, Esq. (left) and Matthew A. Haulk, Esq. (right) practice community association law in the San Francisco Bay Area and are partners in the Marin County law firm of Ragghianti Freitas LLP.

Davis-Stirling Act Annual Disclosure Checklist Annual Budget Report 30 to 90 days Prior to Start of Fiscal Year (Civil Code § 5300) At least 30 days before distributing Annual Budget Report Notify members of their obligation to provide the association with their contact information. (Civil Code § 4041.) 1.

Pro Forma Budget. A full budget or a summary (§5320) showing the estimated revenue and expenses on an accrual basis. (If raising assessments, notify members, not less than 30 nor more than 60 days prior to any increase.)

2. Reserve Summary. A summary of the reserves. 3. Reserve Funding Plan. A summary of the reserve funding plan, unless full report requested. 4. Major Component Repairs. A statement as to whether the board will defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including an explanation. 5. Anticipated Special Assessments. A statement as to whether special assessment(s) may be required to repair, replace, or restore any major component or to provide adequate reserves, and how much and when. 6. Reserve Funding Mechanism. A statement as to the mechanism or mechanisms by which reserves will be funded to repair or replace major components. 7. Procedures for Calculating Reserves. The procedures used for the calculation and establishment of those reserves. 8. Outstanding Loans. A statement as to whether the association has any outstanding loans with an original term of more than one year, with detail. 9. Insurance Summary. Distribute a summary of the association’s insurance. 10. Assessment & Reserve Form. The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Civil Code § 5570. 11. FHA/VA Certification. For condominiums only, must disclose in 10-point font on separate page whether the HOA is or is not certified by the FHA and VA. 12. Charges for Documents Provided. The completed “Charges for Documents Provided” disclosure identified in Civil Code § 4528.

Annual Policy Statement 30 to 90 days Prior to Start of Fiscal Year (Civil Code § 5310) 1.

Designated Recipient. The name and address of the person designated to receive official communications to the association, pursuant to Section 4035.

2. Right to Notice to Two Addresses. A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to subdivision (b) of Civil Code § 4040. 3. General Notice Location. The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Civil Code § 4045. 4. Right to Individual Delivery. Notice of a member’s option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045. 5. Right to Minutes. Notice of a member’s right to receive copies of meeting minutes, pursuant to subdivision (b) of Civil Code § 4950. 6. Collection Policy. A statement of assessment collection policies per Civil Code § 5730. 7. Lien Policy. A statement describing the association’s policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments. 8. Rules Enforcement Policy. A statement describing the association’s discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850. 9. Dispute Resolution Procedures. A summary of dispute resolution procedures, pursuant to Civil Code §§ 5920 and 5965. 10. Architectural. A summary of any requirements for association approval of a physical change to property, pursuant to Civil Code § 4765. 11. Overnight Payments. The mailing address for overnight payment of assessments, pursuant to Civil Code § 5655. 12. Miscellaneous. Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion.

Year End Financial Statements - 120 days after Close of Fiscal Year

Financial Statement. Unless the governing documents impose more stringent standards, a review of the financial statement of the association must be prepared per GAAP by a CPA for any fiscal year in which the gross income to the association exceeds $75,000 and distributed to members. (Civil Code § 5305.) ECHO journal | September/October 2020

HOA Leadership 102 BY THOMAS CONNELLY

As a general rule, most newly elected board members receive training on homeowner association leadership and board member responsibilities via formal training, on-the-job training, mentoring and self-study. This is “HOA Leadership 101”. Newly elected board members quickly learn about the statutory requirements governing HOA leadership and procedure. In California, these are primarily outlined in the Civil Code (The Davis-Stirling Act). They quickly learn how important gaining an understanding of the association’s governing documents and rules are. They also learn how HOA meetings work, how to work with a management company and how to read the association’s financial documents. Missing, however, from most board member training is instruction on the actions that boards, and individual board members, should avoid. This article, “HOA Leadership 102”, examines nine common behaviors and pitfalls that HOA boards and board members should avoid.

September/October 2020 | ECHO journal

PERSONAL AGENDAS DRIVING THE BUS: Sometimes, individuals are motivated to join the HOA board to pursue a personal agenda, or to address a single issue to benefit their personal desires. Effective HOA governance requires that board members prioritize the needs and best interests of the entire community over their own personal desires, thus serving the best interests of the entire community, rather than championing personal agendas or issues unique to them. THE BOARD LACKS VISION OR BEHAVIORAL EXPECTATIONS: Too often, homeowner association

board members attend meetings, make decisions, and handle the day-to-day business of the association without any clear vision, direction, or relational expectations. Effective HOA boards collaborate to develop a clear vision of their purpose, and to develop a set of standards and expectations for conduct, behavior, and interpersonal engagement then communicate that to the entire community.

The board’s vision and behavioral expectations should be memorialized in writing as vision and mission statements, rules of conduct, codes of ethics, behavioral expectations, or board policies. Done in a constructive and professional manner, accountability to the well-developed vision and standards of conduct ensures that the board will be more effective and productive and the community will have a clear understanding of the board’s intentions. FAILURE TO FOLLOW PROCEDURAL MANDATES:

Although this may seem to be effective in many circumstances, it is never okay to operate a homeowner’s board without complying with the laws and regulations that dictate how the board should function and operate, especially related to the conduct of board related business. It only takes one homeowner to notice this and call the board on their failure to comply with proper procedure, which could lead to criticism, ridicule, community upheaval and avoidable litigation. Boards should not put themselves in this position. RULE ENFORCEMENT: Oftentimes, board members perceive that their election to the governing body empowers them to unilaterally act as an enforcer of the rules of the association. While this is very commonplace, in most cases it is not acceptable or effective. If the governing documents don’t specifically dictate this, then the Board’s vision statement should outline how rules enforcement and member discipline will occur and clearly define the board’s role in that process. MAKING DECISIONS OUTSIDE OF BOARD MEETINGS:

Although this may be an efficient way to get things done, in most cases it is not legal. Absent an emergency, board decisions should never be made unilaterally, without involving the entire board and giving the community the opportunity to, at least, observe the decision making process. Community governance is meant to occur during formal board meetings with a maximum level of transparency. While it is tempting for board members to deviate from the proper processes, it is neither legal nor a good leadership practice. DIRECTING THE WORK OF CONTRACTORS AND SERVICE WORKERS: Some board members feel that

it is their role to ensure that work being done in the community is done correctly. Generally, board

members should avoid the inclination to meddle in project supervision and other routine operational activities without the knowledge and authorization from the entire board. In general, the supervision of contractors and projects should be the job of the association manager, a project manager, or some other individual formally identified by the board to perform that function! When individual board members meddle in the work of a contractor or other service provider, even with the best of intentions, they’re wading into dangerous waters. This can lead to a variety of predictable and avoidable outcomes, including confusing the scope of work, unauthorized changes to the project, increased frustration and angst for managers and contractors, and unanticipated costs to the association for work that may not have been properly approved. LOBBYING AND BULLYING: One of the most divisive and harmful things that a board can experience is when an individual, or a sub-group of the board, attempts to impose their wills, wants and personal agendas on other board members. This is not how homeowner boards are intended to operate! Every board member has the right to their opinion on any issue, whether or not it’s the popular or majority opinion, without the fear of being pressured to make a certain decision or ridiculed for not doing so. FAILURE TO SUPPORT BOARD DECISIONS: Board

members will invariably find themselves in the minority on a decision made by the group. After those decisions are made, they are however, always expected to support those decisions, without maligning other board members for their dissenting opinions, especially in a public forum. This tends to undermine board cohesiveness and effectiveness, and leads to the appearance that the board lacks effective leadership. Failure to fulfill fiduciary responsibilities: Board members are required to carry out their tasks responsibly as a fiduciary to the association. Learning their role as a board member, being prepared for board meetings, monitoring the association’s finances, complying with HOA laws, following to the association’s governing documents, acting in the best interest of the entire association, seeing that the association is adequately funded, and ensuring that association assets are effectively maintained Continued on page 16 ECHO journal | September/October 2020

HOA Leadership 102 Continued from page 15

are the main responsibilities of any HOA board. Unless the association is self-managed, the board also supervises the work of a community manager or general manager. Failure to perform these basic fiduciary functions can lead to financial hardship, costly (and possibly avoidable) repairs, expensive litigation, allegations of

malfeasance, and other negative outcomes. As community leaders, each member of the board has a duty to ensure that they fulfill these fiduciary responsibilities to the best of their ability.

What Happens When Things Go Wrong? The five most predictable outcomes when any of these nine

SEE YOU AT EXPO!

pitfalls manifest are: 1. Ineffective board decision making; 2. The boardsâ&#x20AC;&#x2122; actions reflect negatively on the community, both internally and externally; 3. Community relationships become strained, fractured, conflict ridden and unproductive; 4. Conflict, lawsuits, and expensive litigation; 5. Increased operating costs, legal costs, judicial intervention and sanctions, punitive damages, large special assessments, and loss of insurance coverage (just to name the most common). In conclusion, effective homeowner boards must not only follow the laws, rules, processes, and standards that apply to their leadership roles, but they must also avoid the pitfalls that tend to afflict less effective HOA boards. Remember, serving a board is a privilege that requires hard work, commitment, energy, and restraint. When a board works effectively and collaboratively, avoiding the pitfalls, everyone in the community is better off!

Thomas Connelly has been a board member and board president for two community associations in California. He is an active member of ECHO and is the President of Connelly Consulting, providing safety, crime prevention, disaster planning and other consulting services to community associations. 16

September/October 2020 | ECHO journal

SEE YOU AT EXPO!

HOA Premium Reserve Solution Put your funds to work with the leading community association bank.

Competitive rates, secure deposits and a streamlined banking experience. CIT offers a range of solutions to manage and grow HOA funds safely and effectively: • Choose from the Premium Sweep Account, Premium CD, Premium Ladders CD and Premium Money Market • Enjoy the ease of dealing with one bank to serve all your HOA banking needs • Get a competitive rate of return to grow your reserve funds • Access your funds when needed with the flexibility of investment options And with our HOA Premium Reserve Solution, you get the security of knowing your funds are protected and secured by a surety bond.

Let’s get started. Visit cit.com/CABReserves Roxanne Jolicoeur 925.963.9733 | Roxanne.Jolicoeur@cit.com

Premium reserve products are for new money only (money not currently held by CIT Bank, N.A.) Funds in excess of FDIC insurance coverage limits are covered by a third-party issued surety bond. Such excess funds are not subject to FDIC deposit insurance. The surety bond providing excess coverage over FDIC insurance may be cancelled at any time upon 30 days’ written notice. Should a notice of cancellation be given, CIT will contact the client to discuss alternatives to provide for the continued safety of funds. May not be available in every state. ©2020 CIT Group Inc. All rights reserved. CIT and the CIT logo are registered trademarks of CIT Group Inc. Deposit and loan products are offered through CIT Bank, N.A., the FDIC-insured national bank subsidiary of CIT Group Inc. MM#7870

SEE YOU AT EXPO!

ECHO journal | September/October 2020

THE SELF-MANAGED HOA

alifornia’s common interest developments are subject to a minefield of regulations and oversight. HOA boards navigate federal statutes from solar panels to fair debt collection and must conform to California State Statutes for common interest developments, the California corporations code, and their county and local statutes. No wonder, common interest developments are considered the full employment act for attorneys! Against this backdrop, add the significant changes to California HOA election law (SB 323) and the COVID pandemic, and it is a wonder that HOA business gets done at all. HOA board members are volunteers and for the most part, serve their communities with good intent, unselfish motivation, and a desire to see their communities thrive. The COVID pandemic has upended the “typical” activities of community associations. Common area amenities have closed, or are subject to state and county guidelines that are confusing, change often and are hard to oversee. Board and committee meetings have been moved online and social events canceled. Board and committee members face changes in their employment status, are challenged by working from home, and are concerned about their children’s education. Amidst this uncertainly and confusion, HOA thought leaders and board members are asking, “how do we govern our associations?” “What is the best format for our governance activities?” “What will the law allow us to do?” “How do we comply with state law, COVID guidelines, and stay at home orders?” Leadership from state governments and emergency orders can help. Florida issued Emergency Order 2020-04 on March 27, 2020, expanding emergency powers for HOAs during the pandemic. On July 31, 2020 the California Law Revision Commission published Memorandum 18

September/October 2020 | ECHO journal

The Future of Virtu 2020-35 suggesting some “Emergency Related Reforms” for common interest developments that would relax regulations for teleconference board meetings by adding a new article (Article 11) to §4800, Association Governance. Until such time that the Governor signs an emergency order or the legislature passes the suggested language, HOAs are on their own to come up with defensible standards of practice for board meetings so that they can continue their association’s business and governance

BY JOHN CLIGNY, AMS, CAMEx, CCAM-HR

ual Board Meetings obligations during emergencies and stay at home orders. The most powerful tool for HOA boards has been the virtual meeting. Zoom, Skype, and Facetime have become the new clubhouse or meeting room. The adoption of remote meeting access and meeting technologies may be a genie that will not go back in the bottle. Given current COVID guidelines, HOA boards have no option other than to embrace the virtual meeting. This

begs the question when the pandemic is over, and it will be, what will become of the virtual meeting? It may be time to consider the value of virtual board meetings while leaving the legal arguments to the attorneys and state legislators. Proponents of virtual meetings identify three main benefits that may make giving them up after the pandemic a step backward. CONVENIENCE. Most everyone agrees virtual meetings are convenient. HOA board members can meet and provide meeting access to association members easily and with greater flexibility than using clubhouses, meeting rooms, pizza parlors, libraries, board member homes, or rented facilities. The social distancing requirements brought about by the COVID pandemic, have provided board members an opportunity to experience engaging in board business without leaving their home, or office and on any device they choose. Association members wanting to attend board meetings can do so with the same convenience and flexibility of location. This is even a greater benefit for off-site owners and members who have mobility challenges. EFFECTIVENESS. Virtual meetings tend to be more structured and have a shorter duration than on-site attended meetings. This encourages board members to be more focused and engaged. Meeting agendas can be shorter and more focused on top priorities allowing board members to engage in more direct discussion while the virtual format enhances decision making. The virtual meeting environment avoids meeting room distractions and non-verbal influences that can inhibit board discussion and influence decision making. EFFICIENCY. The virtual meeting eliminates board member travel time, parking concerns, weather Continued on page 20 ECHO journal | September/October 2020

The Self-Managed HOA Continued from page 19

interference, and fatigue. There is no need for meeting room setup, tear down and cleaning, and no concern about board members and community members loitering in the meeting room secondguessing decisions after the meeting is adjourned. Virtual meeting opponents and those suspicious or skeptical of HOA governance warn that adoption of enhanced teleconference and virtual meeting formats will lead to board decision making in secret, a loss of board accountability, and disenfranchise community members who lack the equipment or knowledge to participate in virtual meetings. These concerns are justified and before COVID and stay at home orders

resulted in the addition of the Open Meeting Act (§§49004955) to the Common Interest Development Act. Unfortunately, the legislation never contemplated how HOA boards would meet during natural disasters, wildfires, or pandemics. At the very least, the Governor and state legislature should take seriously the suggestions of the California Law Revision Commission’s Memorandum 2020-35, and provide some much-needed direction and relief to HOA boards of directors. Even better, The Open Meeting Act should be reevaluated and revised based on the widespread adoption of virtual meeting technology. Out of necessity, California’s more than 50,000 community associations and more than

(408) 345-4000 http://wm-llp.com We counsel: • Condominium Associations • Planned Unit Developments

• Mixed Use Associations • Commercial Associations

We provide general counsel to Associations including the following services: • Construction Defect and Civil Litigation • Dispute Resolution

• Governing Document Interpretation • Governing Document Revisions • CC&R and Rules Enforcement

SEE YOU AT EXPO!

September/October 2020 | ECHO journal

160,000 board members have embraced virtual meetings to meet the governance needs of their communities and, for the most part, with success. Community association governance and business has continued; decisions are being made, budgets approved, contracts signed, vendors paid, and policies debated and adopted. What will be the future of the virtual meeting after COVID? Will this experience inform public policy and challenge lawmakers to include virtual meeting options in the Open Meeting Act? It’s too soon to tell, but this horse may already be out of the barn.

John Cligny AMS, PCAM, CCAM-HR is a veteran portfolio manager and community association management executive. As co-founder of Association Consulting Group, John is a trusted advisor primarily focused on educating and advising community association board members on effective governance to promote a positive public opinion of homeowner associations and community management. John is a frequent speaker and panelist on a wide range of community association topics and issues.

2020 Echo HOA University & Expo The Managers Lounge SM

Let’s Talk Wine Reception

Welcomes you to the Chapman & Intrieri Managers Lounge!

Ask-the-Attorneys Meet Our Ambassadors

The Managers Lounge is where management companies can connect, chat and answer board member and homeowner questions. DEDICATED SPACE FEATURING MANAGEMENT COMPANIES

$150 INCLUDES 2 TICKETS TO HOA UNIVERSITY & EXPO

EXCLUSIVE OPPORTUNITY FOR ONLY 20 MANAGEMENT FIRMS

After the 2-day live event, your company will still continue to be featured in the Managers Lounge for 28 days post event making a lasting impression!

For $150 your management firm will be able to chat with ANY attendee of our 2-day live Conference. The Managers Lounge will be the place to be!

There are only 20 manager spaces available, so hurry and reserve your space in the Managers Lounge!

Join us virtually...from anywhere! September 25-26, 2020 FREE PARTICIPATION FOR: • Echo Ambassador Management Company Members. An Echo Ambassador is a management company that has 45+ HOA clients that are Echo members. • Management Company Exhibitors See Page 28 for full details!

JOIN US FOR

“Let’s Talk Wine” Reception featuring selected wine from Cuvaison

Friday | September 25 | 3:30 pm

• Management Companies that have 5 or more HOA clients with Echo memberships. • Must be a member in good standing to participate.

Reserve your space today at www.echo-ca.org

A fun, social virtual gathering featuring a grand prize giveaway: a vacation to Hawaii or $1,500 cash, sponsored by Levy, Erlanger & Company LLP. All conference attendees are invited to attend. Must be present to win.

(408) 297-3246 | www.echo-ca.org ECHO journal | September/October 2020

Exp the exp

REG

Learn in an exciting new environment.

Ask-the-Attorneys Question & Answer Forum

Visit 60+ Exhibitors in the Expo Hall

September/October 2020 | ECHO journal

Play games and win

REGISTRATION FEES: HOA Board Member & Hom

plore virtual perience.

Board Member & Homeowner Education

GISTER HERE 34th Annual Managers’ Conference

ECHO HOA BOARD MEMBERS & HOMEOWNER MEMBERS USE PROMO CODE

Visit the Managers Lounge

WHY ATTEND? Learn to run your association better

Have your legal questions answered

WECARE FOR $20 OFF

Learn on-demand when it’s convenient for you

Chat with a manager in the Managers Lounge Get equipped to better understand and evaluate your management firm Free 2020 Treasurer’s Green Book (for manager attendee of Friday’s sessions)

prizes!

meowners $50 | Community Managers $50

Win a trip to Hawaii or $1,500 cash at Friday’s ‘Let’s Talk Wine’ Reception! Must be present to win.

JOIN TODAY & SAVE Not an Echo member? Join today and save $20! ECHO journal | September/October 2020

WELCOME

Hello and welcome to the 2020 Echo HOA University & ExpoSM … A Virtual Experience. This year we are very excited to collaborate with the Levy Erlanger Company 34th Managers’ Conference which allows us to combine the programming of HOA Community Managers with that of our traditional HOA boards and engaged homeowners. We feel this will be an unbelievably positive and dynamic opportunity for the industry to coalesce and share insights and knowledge about how to better manage an association, especially in today’s challenging environment. As you know, the coronavirus has taken its toll on society. Businesses are struggling and our traditional in-person convention and expo has had to “pivot” to a new business model. In the past three months, we have reimagined our event and leveraged technology to create the first online virtual experience for our membership and clients. We hope you’ll enjoy the features of the convention, the opportunities to network, and the fun of engaging with our professional service providers in the Exhibition Hall, learning of their excellent products and services, while, of course accessing outstanding educational programming. This year we are offering 2 days of live programming with speakers responding to questions after pre-recorded courses. You will be able to access the recorded courses up to 28 days after the live sessions (until October 25!). This will allow you to participate in more than 20 separate learning opportunities and to listen and engage with some of the best and most knowledgeable experts in the world of HOAs. Plan your days to participate 24

September/October 2020 | ECHO journal

in your favorite sessions with your favorite speakers and enjoy the opportunity to learn from the comfort of your home. This year take advantage of the following features: • Four tracks of HOA education • An Exhibit Hall with dozens of experienced HOA professional service providers • A Managers Lounge featuring Echo management firms to learn from their experience • An all-day, interactive track designed for you to ask questions in the “Ask-the-Attorney” sessions, and • Enjoy an evening reception with a virtual tasting with the world-class Cuvaison Winery from Napa Valley. And “yes!” we have made special arrangements for you to purchase the wines for the tasting from the winery. • You will be able to participate in Echo’s online scavenger hunt and leaderboard competition for prizes! The piece de resistance is an exotic trip to Hawaii (or cash value) provided by our partner in the event, Levy Erlanger Company LLP. We are excited to bring this new concept in education and expositions to you. Please enjoy your time and if you have any questions whatsoever, we have several staff members and technical advisors available to help you navigate the system and enjoy this new event. Welcome and thank you for your continued support of Echo!

TRACK

OVERVIEW

WHICH TRACK IS RIGHT FOR ME? You’re not required to stay in one track, but it is highly encouraged to get optimal flow of information! If you’re a new or aspiring board member we highly recommend Board Basics. To hear about HOA hot topics log on to Track 3: Legal & Trending Issues. Do you have legal questions that need answers? Track 4: Askthe-Attorneys provides access to HOA attorneys ready to answer questions all day Saturday!

MANAGERS’ CONFERENCE – TRACK ONE – LIVE FRIDAY Get a good look into important issues from a manager’s perspective. New laws, accounting, reserve studies, risk management and other important issues for the management of an HOA will be discussed during Track 1. From 3:30 - 4:30 pm in the “Let’s Talk Wine” Reception, guest speaker Wyatt Clarke will discuss his nationwide study on the Value of HOAs to Society. The reception will also feature selected wine from Cuvaison in Napa Valley, a wine giveaway and a Grand Prize drawing for a trip to Hawaii or $1,500 cash sponsored by Levy, Erlanger & Company LLP. (Must be 21 years of age and present to win.)

BOARD BASICS – TRACK 2 – LIVE SATURDAY This track is geared toward new and seasoned board members alike. Learn the basics on HOA insurance, finances, governance, and law – everything you need to be a successful member of the association’s board. These survey classes are designed to provide useful, immediate information on the essentials for board members. Great as a refresher for seasoned board members as well.

LEGAL & TRENDING –TRACK 3 – LIVE SATURDAY The legal and trending track is taught by our faculty of seasoned attorneys and experts in the HOA industry. You’ll learn about how our system of laws works. What are the priorities, the importance of precedence and how case law affects HOAs. Current issues will be discussed to help you manage your HOA better. Learn about construction costs, new election statutes, balcony inspection laws, board miscues and coping with issues during a new COVID-19 constrained world.

ASK-THE-ATTORNEYS OPEN Q&A – TRACK 4 – LIVE SATURDAY One of the most popular sessions at our in-person events has now become its own virtual track. With no set agenda, twelve law firms will be represented in 25-minute blocks of time throughout the day to answer your questions and enjoy a free-flowing virtual chat with HOA attorneys. Pick a time or pick a law firm and enjoy the experience. We attempt to answer all questions but due to time constraints some questions may not be answered.

ECHO journal | September/October 2020

2020 ECHO HOA UNIVE TRACK 1 Levy Erlanger Managers’ Conference Friday | September 25, 2020

TRACK 2 HOA Board Basics Saturday | September 26, 2020

8:30 am - 9:25 am Case Law

8:30 am - 9:25 am Financial, Tax & Budget Basics

PRESENTED BY MARK WLEKLINSKI, ESQ.

PRESENTED BY DAVID LEVY, CPA, MBA

New FASB Revenue Recognition Accounting Standard

9:25 am - 9:45 am Live Q&A with Speakers

PRESENTED BY DAVID LEVY, CPA, MBA

9:45 am – 10:00 am Visit the Exhibit Hall and the Chapman & Intrieri Managers Lounge!

10:00 am – 10:55 am How to Recognize a Lawsuit PRESENTED BY KEVIN MALLET, ESQ.

Elections

9:45 am – 10:00 am Visit the Exhibit Hall and the Chapman & Intrieri Managers Lounge!

10:00 am – 10:55 am The Value of HOAs to Society PRESENTED BY WYATT CLARKE

You’re on the Board...Now Get to Work! Understanding Your Responsibilities as a Board Member

PRESENTED BY DEON R. STEIN, ESQ.

PRESENTED BY JULIE ADAMEN

Board Meetings & Covid-19

10:55 am - 11:15 am Live Q&A with Speakers

PRESENTED BY JENNIFER M. JACOBSEN, ESQ.

11:15 am – 12:15 pm LUNCH BREAK 12:15 pm – 1:10 pm Reserves & Balcony Inspections PRESENTED BY TYLER BERDING, ESQ. & ROY HELSING

Scary Situations for Managers to Avoid PRESENTED BY ALEX NOLAND, ESQ.

1:30 – 2:00 pm Visit the Exhibit Hall and the Chapman & Intrieri Managers Lounge!

2:00 pm – 2:55 pm Legislative Update

11:15 am – 12:15 pm LUNCH BREAK 12:15 pm – 1:10 pm Mandatory Year-End Packet Items PRESENTED BY DAVID F. FEINGOLD, ESQ.

1:10 pm - 1:30 pm Live Q&A with Speakers 1:30 – 2:00 pm Visit the Exhibit Hall and the Chapman & Intrieri Managers Lounge!

2:00 pm – 3:15 pm Hierarchy of Law and Governing Documents PRESENTED BY WILLIAM M. SCHERER, ESQ. & LOUIS J. SARMIENTO JR., ESQ.

PRESENTED BY NATHAN McGUIRE, ESQ.

Insurance PRESENTED BY CHARLOTTE ALLEN

Federal and California Income Taxes PRESENTED BY WILLIAM ERLANGER, CPA

3:30 pm – 4:30 pm Let’s Talk Wine Reception

September/October 2020 | ECHO journal

Let

ERSITY & EXPO AGENDA TRACK 3 Legal & Trending Issues Saturday | September 26, 2020

TRACK 4 Ask-the-Attorney Open Q&A Saturday | September 26, 2020

8:30am – 9:25 am Coping in a COVID World PRESENTED BY JOHN P. GILL, ESQ. & AMY TINETTI, ESQ.

9:25 am - 9:45 am Live Q&A with Speakers

8:30 – 8:55 am |

MARK T. GUITHUES, ESQ.

8:55 – 9:20 am |

SHARON G. PRATT, ESQ.

9:20 – 9:45 am |

ANDREA L. O’TOOLE, ESQ.

9:45 am – 10:00 am

Visit the Exhibit Hall and the Chapman & Intrieri Managers Lounge!

10:00 am – 10:55 am New Laws, Old Laws & Case Law Shaping California Community Association Operations and Living PRESENTED BY J. SPENCER EDGETT, ESQ. & SANDRA L. GOTTLIEB, ESQ.

11:15 am – 12:15 pm LUNCH BREAK 12:15 pm – 1:10 pm 10 Common Mistakes (and Their Cures) in HOA Board Leadership PRESENTED BY MARK T. GUITHUES, ESQ. & TOM CONNELLY

10:50 – 11:15 am |

JOHN P. GILL, ESQ. KATRINA SOLOMATINA, ESQ.

12:15 – 12:40 pm |

STEVE LIGHTFOOT, ESQ.

12:40 – 1:05 pm |

WILLIAM SCHERER, ESQ & LOUIS SARMIENTO, ESQ.

1:05 pm 1:30– –1:30 2:00 pm|

STEPHEN T. BRINDLE, ESQ.

Visit the Exhibit Hall and the Chapman & Intrieri Managers Lounge!

1:10 pm - 1:30 pm Live Q&A with Speakers

Visit the Exhibit Hall and the Chapman & Intrieri Managers Lounge!

10:25 – 10:50 am |

J. SPENCER EDGETT, ESQ.

11:15 am – 12:15 pm | LUNCH BREAK

10:55 am - 11:15 am Live Q&A with Speakers

1:30 – 2:00 pm

10:00 – 10:25 am |

2:00 – 2:25 pm |

DAVID F. FEINGOLD, ESQ.

2:25 – 2:50 pm |

STEPHEN J. TINNELLY, ESQ.

2:50 – 3:15 pm |

LAURIE S. POOLE, ESQ., CCAL

2:00 pm – 3:15 pm How COVID-19 Impacts Current HOA Construction Projects PRESENTED BY REGAN BROWN & BILL MANN

JOIN US FOR THE

t’s Talk Wine RECEPTION See page 28 for details

Friday | September 25 | 3:30 pm A fun, social virtual gathering featuring a grand prize: a vacation to Hawaii (or $1,500 cash) and a fine wine giveaway!

featuring fine wine selected by ECHO journal | September/October 2020

JOIN US FOR THE

Let’s Talk Wine RECEPTION featuring fine wine selected by

Friday | September 25 | 3:30 pm A fun, social virtual gathering featuring a grand prize: a vacation to Hawaii (or $1,500 cash) and a fine wine giveaway! Join Cuvaison President & CEO Dan Zepponi for a 20 minute immersive experience and taste Cuvaison’s renowned 2018 Estate Chardonnay and 2018 Estate Pinot Noir. If you’re looking to add a classic pairing to your virtual experience, Cuvaison recommends Beemster Gouda and Humboldt Fog cheese to enhance the flavors and explore the complexity of these wines.

CLICK TO PURCHASE THE SUGGESTED WINE PACKAGE

September/October 2020 | ECHO journal

Grand prize giveaway sponsored by Levy, Erlanger & Company LLP. Prize is winner’s choice. Wine giveaway sponsored by Cuvaison. Must be present and a registered HOA University & Expo attendee to win and at least 21 years of age.

MEET OUR FACULTY

TRACK ONE | FRIDAY, SEPTEMBER 25 | MANAGERS’ CONFERENCE Charlotte Allen walked through the doors of Socher Insurance Agency in 2005 and since then has successfully aided in the acquiring and retention of insuring over 2,000 common interest developments. Her commitment remains focused on educating common interest developments and their community leaders in some of the most prevalent issues faced today. In 2018 she earned her designation as a Community Insurance and Risk Management Specialist. Tyler Berding, Esq. founding partner of Berding | Weil LLP, has represented the commercial and residential real estate industry since 1974. Mr. Berding has litigated numerous building product and construction failures. The firm has resolved over 900 complex construction-defect claims in California, Florida, Nevada, Arizona and Hawaii. Mr. Berding is a seasoned trial lawyer who has successfully litigated hundreds of construction defect cases. William S. Erlanger, CPA is a partner with Levy, Erlanger & Company LLP and has been working with California HOAs for more than twenty-five years. Professionally, Bill has spoken at the California CPA Society’s CIRA conferences and was a member of their planning committee. Bill serves on the board of his commercial association. The subject of his MS-Tax thesis was federal and California income taxation of homeowner associations. Roy Helsing is the founder and CEO of The Helsing Group, Inc., a consulting firm specializing in all aspects of California Common Interest Developments. He regularly provides expert testimony concerning reserve funding and adequacy of reserves. Mr. Helsing is a founding member of the Association of Professional Reserve Analysts, holds a designation of Professional Reserve Analyst (PRA), and is a past President of that organization. David H. Levy, CPA, MBA, is the founder and a partner of Levy, Erlanger & Company LLP, CPAs. He received his BS and MBA from the University of California, Berkeley, in accounting. He is a frequent speaker at industry events, and has authored numerous articles and publications (including the Condominium Greenbook). He is also the co-author of the 1990 California Department of Real Estate’s Reserve Study Guidelines for Homeowner Association Budgets. Mr. Levy is a long-time member of the Board of Directors of the Executive Council of Homeowners (Echo).

Kevin Mallet, Esq. and his partner Larry Russell founded Russell & Mallett, LLP in 2000. Kevin has represented clients in civil litigation since 1984 and has represented common interest developments exclusively for the last 20 years. Kevin has served as an arbitrator and a judge pro tem in Contra Costa County. Kevin served as a California Bar Special Master working with criminal courts in Solano, Contra Costa and Alameda Counties since the early 1990s. Kevin has successfully arbitrated in excess of three hundred cases. Nathan McGuire, Esq. has extensive experience providing general counsel services for common interest developments, regularly assisting residential and commercial associations in the interpretation and enforcement of governing documents, amending and restating these governing documents, and counseling boards in keeping compliance with applicable laws. In addition to extensive experience as general counsel to common interest developments, Nathan has broad experience in real estate matters. Alex Noland, Esq. is the founding shareholder of Noland Law PC and manages the firm. He has been practicing California community association law since 2008 and has been based in the San Francisco Bay Area since 2011. Alex regularly speaks at industry educational programs. In 2019 and 2020, Alex was selected to the Northern California Super Lawyers list, an honor reserved for those lawyers who exhibit excellence in practice. Only five percent of attorneys in Northern California receive this distinction. Deon Stein, Esq. is the owner of The Law Offices of Deon R. Stein in Sacramento. He has represented residential and commercial community associations, other non-profit corporations, businesses, individuals and residential and commercial real estate developers throughout California since 1988. Mr. Stein advises boards of directors in the day-to-day operational aspects of common interest development and corporate law. Mark Wleklinski, Esq. serves as general counsel to Community Associations for day to day activities, including Davis Stirling, interpreting governing documents, reviewing proposed contracts, and resolving owner disputes. Mark has focused on Community Associations since 1980, starting his own law firm in 1986. He has also qualified as an expert witness in community association lawsuits. Mark has been the Chair of the Legal Resource Panel for Echo since 2002. He was named Echo’s Volunteer of the Year in 2003. ECHO journal | September/October 2020

MEET OUR FACULTY

TRACK TWO | SATURDAY, SEPTEMBER 26 | BOARD BASICS Julie Adamen is the principal of Adamen Inc., a national consulting and employment firm specializing in the community management industry. She is a recognized and designated expert in community management and, association and management company operations. She is the author and publisher of online classes for community managers and is collaborating with Echo to provide a suite of on-demand courses for HOA Boards and engaged community members. David F. Feingold, Esq. earned his law degree from University of California Hastings College of Law in 1986, one year after the enactment of the Davis-Stirling Act. Since then he has represented community associations, both as general and litigation counsel, throughout the greater Bay Area. He is a partner at Ragghianti Freitas LLP, based in Marin County. He has served as President of the Marin County Bar Association, and has been named a Northern California “Super Lawyer” for the last 15 years. David H. Levy, CPA, MBA, is the founder and a partner of Levy, Erlanger & Company LLP, CPAs. He received his BS and MBA from the University of California, Berkeley, in accounting. He is a frequent speaker at industry events, and has authored numerous articles and publications (including the Condominium Greenbook). He is also the co-author of the 1990 California Department of Real Estate’s Reserve Study Guidelines for Homeowner Association Budgets. Mr. Levy is a long-time member of the Board of Directors of the Executive Council of Homeowners (Echo).

September/October 2020 | ECHO journal

Louis Sarmiento, Esq. is an Associate at Scherer Smith & Kenny LLP, where he advises homeowners associations and other mutual benefit corporations, businesses, and individuals on common interest development, real estate, corporate, and general business matters. Louis advises homeowners association boards and officers on matters including governance, development, and enforcement. Louis also counsels clients on general real estate transnational matters, including leasing, purchases, and sale. Bill Scherer, Esq. applies over 30 years of hands-on experience in law to promote his clients’ goals for success. As the founder of Scherer Smith & Kenny LLP, Bill is trusted counsel who values building long-term relationships. Bill extensively advises clients in all areas of real estate with a unique focus in California common interest development matters. Bill has represented dozens of homeowners’ associations within the Bay Area.

MEET OUR FACULTY

TRACK THREE | SATURDAY, SEPTEMBER 26 | LEGAL & TRENDING ISSUES Regan Brown has been in the HOA industry for 26 years as an owner and CEO of The G.B. Group General Contractors. GBG has successfully provided reconstruction and repair services for all facets of the HOA and tenant occupied communities including high rise, apartments, the legal community and commercial associations. Tom Connelly is a retired police Captain with extensive experience in organizational development and leadership. He has a Bachelor’s degree in organizational management and is a graduate of the International Association of Police Chiefs Leadership Institute. He has been a board member for two community associations over the past eight years, the last four as board president. He is an active member of ECHO and is the owner of Connelly Consulting, providing safety, disaster planning and other consulting services to community associations. Rolf Crocker is Chief Executive Officer and Principal of OMNI Community Management, LLC in Fair Oaks and currently serves on the board of ECHO. Over the last 29 years, Rolf has served in a variety of management capacities in the community association industry, including CEO of M&C Association Management Services (now part of Associa Northern California) and concurrently, National Vice President developing training and education for Associa. J. Spencer Edgett, Esq. is a partner with Chapman & Intrieri, LLP. Since 2004 Mr. Edgett has primarily focused his practice on representing community associations both as general counsel and in successfully litigating and resolving numerous complex multi-million dollar construction defect claims. He also regularly advises and assists community association managers and board members on all aspects of management and operations including fiduciary responsibilities, drafting and revising governing documents, vendor contract negotiations, collection matters and enforcement issues.

Sandra L. Gottlieb, Esq. is a founding partner of the law firm of SwedelsonGottlieb, which was formed in 1987. Sandra began her practice of law in 1978 and began representing and providing legal counsel to community associations in the mid-eighties. As the firm’s Managing Partner, Sandra also leads the transactional team at SwedelsonGottlieb. Sandra’s experience and expertise in representing California community associations allows her to also counsel on the many different matters and issues that impact California homeowner associations. Mark T. Guithues, Esq. is the founder of Community Legal Advisors, Inc. Community Legal Advisors Inc. represents in excess of 500 communities providing assessment collection and general counsel services. Mark was admitted into the practice of law in 1989. For more than 20 years, Mark has provided general counsel and civil litigation services to the firm’s community association clients. Mark has a variety of experience with HOA industry organizations and continues to be an active participant in the industry. Bill Mann began his career in 1979, working in Real estate Development, then later Banking and eventually HOA reconstruction. Currently, Bill is the President at The GB Group, a full-service construction company offering construction and consulting services throughout Northern California and Nevada. His vast experience and education have deemed Bill Mann a recognized expert in Community Association Construction, finance and operations.

John Gill, Esq. is a founding principal of Hughes Gill Cochrane Tinetti P.C., in Walnut Creek. Since 1992, John has represented homeowners associations and property owners in construction defect claims, business litigation, and general transactional and corporate matters. John currently serves on the Echo board of directors.

ECHO journal | September/October 2020

MEET OUR

TRACK FOUR | SATURDAY, SEPTEMB Stephen T. Brindle, Esq. represents and counsels community associations on matters ranging from operations, corporate governance and governing documents, enforcement, short term leasing, assessments, demand letters, dispute resolution and settlement agreements, and general transactional matters. Stephen also has experience with commercial leasing, tax issues as they relate to real estate transactions including Prop 13 and transfers of ownership, easements, and title matters. J. Spencer Edgett is a partner with Chapman & Intrieri, LLP and since 2004 has primarily focused his practice on representing community associations both as general counsel and in successfully litigating and resolving numerous complex multi-million dollar construction defect claims. Mr. Edgett also regularly advises and assists community association managers and HOA board members on all aspects of management and operations. Mr. Edgett has published articles related to common interest development law and community associations and has presented at various industry related educational seminars and workshops. David F. Feingold, Esq. earned his law degree from University of California Hastings College of Law in 1986, one year after the enactment of the Davis-Stirling Act. Since then he has represented community associations, both as general and litigation counsel, throughout the greater Bay Area. He is a partner at Ragghianti Freitas LLP, based in Marin County. He has served as President of the Marin County Bar Association, and has been named a Northern California “Super Lawyer” for the last 15 years. John Gill, Esq. is a founding principal of Hughes Gill Cochrane Tinetti P.C., in Walnut Creek. Since 1992, John has represented homeowners associations and property owners in construction defect claims, business litigation, and general transactional and corporate matters. John currently serves on the Echo board of directors. Mark T. Guithues, Esq. is the founder of Community Legal Advisors, Inc. Community Legal Advisors Inc. represents in excess of 500 communities providing assessment collection and general counsel services. Mark was admitted into the practice of law in 1989. For more than 20 years, Mark has provided general counsel and civil litigation services to the firm’s community association clients. Mark has a variety of experience with HOA industry organizations and continues to be an active participant in the industry. 32

September/October 2020 | ECHO journal

Stephen Lightfoot, Esq. has over 25 years’ experience handling real estate matters. He has represented homeowners’ associations, property managers, residential and commercial landlord and business owners in cases. In addition to his litigation practice, Mr. Lightfoot handles real estate, commercial and construction transactional and corporate governance matters. Andrea O’Toole, Esq. is a principal with Berding | Weil, LLP corporate and business law department. Ms. O’Toole advises community associations in all aspects of their operations and transactions including real property issues and statutory compliance with Davis-Stirling and other statutes applicable to common interest developments. Her work includes advising association clients on financial matters including assessment collection and funding of repair and reconstruction projects of all sizes; governing document interpretation, enforcement and amendment, including operating policies; contract negotiation, drafting, and enforcement; corporate compliance; dispute resolution; title and land use issues; director elections and recalls; and helping boards deal with fair housing issues, parking and towing matters, and implementation of new regulations such as “no smoking” laws. Laurie S. Poole, Esq. has been a California community association attorney for over 27 years. She is a partner with Adams|Stirling, PLC, managing the San Diego, Temecula and Coachella Valley regional offices. Laurie has extensive experience representing common interest developments including master planned communities, large condominium projects, and senior communities. Most of her practice involves interpreting and amending governing documents, advising boards on compliance matters, addressing governance and insurance issues, and enforcement of governing documents. Sharon G. Pratt, Esq. is the founder of the law firm of Pratt & Associates, APC. She has over 30 years of experience specializing in civil litigation, contract review and preparation, CC&R and Rules interpretation and enforcement, construction and architectural review, Fair Housing law, civil restraining orders, financial issues, elections and recalls, corporate governance, and Anti-SLAPP law. She also practices in other areas of real property law such as construction, easements, boundaries, nuisance, premises liability, and neighbor law.

R FACULTY

BER 26 | ASK-THE ATTORNEYS Q&A

Steven J. Tinnelly, Esq. is the Managing Partner of Tinnelly Law Group. Prior to joining Tinnelly Law Group, Mr. Tinnelly worked in the litigation departments of midsize and multi-national corporate law firms. He is known for his exceptional writing, analytical and negotiation skills, and providing general counsel representation to many of the firm’s larger HOA clients throughout the state. Mr. Tinnelly also manages the firm’s overall operations. Mr. Tinnelly is very active within the community association industry and devotes a substantial amount of time to educating homeowners and industry professionals about the legal issues affecting California community associations. Mr. Tinnelly is the Executive Editor of the Tinnelly Law Group newsletter, the “Community Association Update,” publishes the firm’s blog, and is the webmaster for the firm’s online HOA law library found at FindHOALaw.com.

Katrina E. Solomatina, Esq. is a real estate attorney with Hopkins & Carley, a premier Silicon Valley law firm. Katrina represents California homeowners’ associations and counsels members and boards on compliance with association, board, and member duties under the Davis Stirling Common Interest Development Act as well as other state and federal laws; analyzes fiduciary duty, free speech, discrimination, parking, and insurance issues; helps clients address construction needs; and handles CC&Rs and architectural enforcement matters, assists clients facing political challenges, financing large capital improvements, or other projects requiring membership or judicial approval on matters relating to day-to-day operations of your condominium association. Katrina also currently serves on the board of Echo.

ECHO journal | September/October 2020

2020 ECHO HOA UNIVERSITY & EXPO EXHIBITOR & SPONSOR DIRECTORY Chapman & Intrieri, LLP

ACCOUNTANTS/CPAs

ATTORNEYS

CID Consortium, LLC

Angius & Terry, LLP

Adam Haney 919 Reserve Dr. Roseville, CA 95678 888-786-6000 ahaney@cidcllc.us www.cidcllc.com

Levy, Erlanger & Company, CPAs David Levy, MBA, CPA 290 King St., Ste. 12 San Francisco, CA 94107 415-981-9350 x107 david@hoa-cpa.com www.hoa-cpa.com

Aivy Vu 1990 North Carolina Blvd., Ste. 950 Walnut Creek, CA 94596 925-939-9933 avu@angius-terry.com www.angius-terry.com

Berding | Weil, LLP

Morganne Dykeman 2175 N. California Blvd., Ste. 500 Walnut Creek, CA 94596 925-838-2090 mdykeman@berdingweil.com www.berding-weil.com

Seema Ahluwalia 2236 Mariner Square Dr., Ste. 300 Alameda, CA 94501 510-864-3600 seema@cnilawfirm.com www.cnilawfirm.com

Hughes Gill Cochrane Tinetti, P.C. Amy K. Tinetti, Esq., CCAL 2820 Shadelands Dr., Ste. 160 Walnut Creek, CA 94598 925-926-1200 atinetti@hughes-gill.com www.hughes-gill.com

Pratt & Associates

Sharon Glenn Pratt, Esq. 634 N. Santa Cruz Ave., Ste. 204 Los Gatos, CA 95030 408-369-0800 spratt@prattattorneys.com www.prattattorneys.com BRONZE SPONSOR SEE YOU AT EXPO!

Tinnelly Law Group

Ramona Acosta 27101 Puerta Real, Suite 250 Mission Viejo, CA 92691 949-588-0866 ramona@tinnellylaw.com www.tinnellylaw.com

CLEANING SERVICES Dryer Duct Company

Trusted Legal Guidance For Community Associations LITIGATION, ARBITRATION AND MEDIATION CONSTRUCTION DEFECT CLAIMS CORPORATE GOVERNANCE AND TRANSACTIONS

hughes-gill.com

Facebook: @hughesandgill | LinkedIn: @hughes-gill

2820 Shadelands Drive, Suite 160 | Walnut Creek, CA 94598 925.926.1200

September/October 2020 | ECHO journal

Dennis Justus 1538 San Joaquin Way San Jose, CA 95118 408-265-1051 dryerductco@gmail.com www.dryerductco.com

CONSTRUCTION MANAGEMENT CONSULTANTS B2R Consulting Group

Andy Bradvica 1740 West Katella Ave., Ste. L Orange, CA 92867 (619) 920-4049 abradvica@b2rconsultinggroup.com www.b2rconsultinggroup.com

CM Squared, Inc.

Nargis Barez 1101 Marina Village Pkwy., Ste. 201 Alameda, CA 94501 800-262-4047 nargis@gocm2.com www.GoCM2.com

Education and Training Adamen, Inc.

Julie Adamen 360-779-6507 Info@Adamen-Inc.com www.adamen-inc.com

IQV Construction & Roofing

Saarman Construction, Ltd.

Recon360, LLC

TARC Construction, Inc.

Daisy Ortiz 877 Chestnut St. San Jose, CA 95110 408-638-5520 dortiz@iqvinc.com www.iqvinc.com

Thu Anh Nguyen 99 Almaden Blvd., Suite 600 San Jose, CA 95113 (408) 444-9303 thuanh@recon-360.com www.recon-360.com

David Saarman 683 McAllister St. San Francisco, CA 94102 415-749-2700 dsaarman@saarman.com www.saarman.com

Dan Fernandez 3230 Darby Cmn., Suite A Fremont, CA 94539 (408) 224-2154 dan@tarcinc.com www.tarcinc.com

SILVER SPONSOR

FINANCIAL SERVICES CIT

SEE YOU AT EXPO!

Roxanne Jolicoeur, VP 1534 N. Moorpark Rd., Ste. 306 Thousand Oaks, CA 91360 866-800-4656 x7579 roxanne.jolicoeur@mutualofomahabank.com www.cit.com

Heritage Bank of Commerce

Chris Lucas 150 Almaden Boulevard San Jose, CA 95113 408-200-8721 chris.lucas@herbank.com www.heritagebankofcommerce.bank

Your HOA

Banking Specialist

Tri Counties Bank

Sandy Rasmussen, VP 3700 Douglas Blvd., Roseville, CA 95661 (916) 597-3228 sandyrasmussen@tcbk.com www.tcbk.com

GENERAL CONTRACTORS Axis Construction

David L. Hughes 2566 Barrington Court Hayward, CA 94545 510-732-6111 david@axisconstruction.com www.axisconstruction.com

•

Treasury Services

•

Web-Based Payment Portal

•

Integration Services

Operating and Reserve Accounts • Local Lockbox Processing •

HOA Loans • Placement Services for Excess Reserves •

The G.B. Group, Inc.

J.P. Sanchez 8921 Murray Ave. Gilroy, CA 95020 925-595-2864 jp.sanchez@gbgroupinc.com www.gbgroupinc.com

Equal Housing Lender Supporting Member of Equal Housing Lender

A Dedicated HOA Department Here For You

Give us a call today 844.489.0999 www.HeritageBankofCommerce.bank

Equal Housing Lender

Member FDIC

ECHO journal | September/October 2020

COMPREHENSIVE LANDSCAPE MANAGEMENT AUDITORIUM SPONSOR

SEE YOU AT EXPO!

Velocity Construction

Michael Nielsen 4123 Pestana Place Fremont, CA 94538 510-657-6432 michael@velocitycsinc.com www.velocitycsinc.com

Locally owned and operated since 1955

INSURANCE SERVICES

Regular site walks with your account manager 24-Hour customer service & emergency response

Charlotte Allen 1350 Old Bayshore Hwy., Ste. 630 Burlingame, CA 94010 650-312-9300 callen@hoainsurance.net www.hoainsurance.net

Socher Insurance Agency

SERVICES Landscape Maintenance Landscape Construction Water Management Tree Care We proactively address minor issues before they become major problems!

800-891-7710

www.cagwin.com

LANDSCAPE MAINTENANCE Cagwin & Dorward Landscape Contractors Sarah Dunia P.O. Box 1600 Novato, CA 94948 415-798-1796 sarah.dunia@cagwin.com www.cagwin.com

Del Conte’s Landscaping, Inc. Gina Pacini 41900 Boscell Rd. Fremont, CA 94538 510-774-1311 gina@dclandscaping.com www.dclandscaping.com

SILVER SPONSOR

The HOA Alchemy The HOA AlchemyApps and Mobile App is Mobile Websites Mobile is Customizable to Your forApp Homeowners Associations Customizable to Your Association’s Needs.

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Association’s Needs.

Review monthly financial statements, CC&Rs and bylaws www.HOAalchemy.com

www.HOAalchemy.com

Read meeting minutes or annual disclosures

Pay association dues online

We are making Text or call residents or vendors Simplify board, Simplify board, homeowner associations Manage or create inspection homeowner, requests homeowner, simpler, faster and easier resident and vendor to manage. Create service or maintenance resident vendor requests forand pool, landscape, communication. parking, etc. Our platform lowers the costs for associations to run efficiently.

communication. And much more!

September/October 2020 | ECHO journal

Review monthly financial statements, CC&Rs and bylaws

Text or call residents or vendors Manage or create inspection requests Create service or maintenance requests for pool, landscape, parking, etc. And much more!

BRONZE SPONSOR

MANAGEMENT COMPANIES

SEE YOU AT EXPO!

Associa Northern California Cynthia Heskett 4305 Hacienda Drive,Suite 140 Pleasanton, CA 94588 (925) 660-4615 cynthiaheskett@associa.us www.associaonline.com

Common Interest Management Services

Melanie Malik 1682 Novato Blvd., Ste. 204 Novato, CA 94947 415-321-8283 x230 mmalik@commoninterest.com www.commoninterest.com

Christison Company

Dan Christison, CMCA, AMS 7901 Stoneride Dr., Ste. 222 Pleasanton, CA 94588 925-371-5718 dan@christisoncompany.com www.christisoncompany.com

Next Step Community Management

Sonia Wright 1999 S. Bascom Ave., Ste. 700 Campbell, CA 95008 408-495-4695 sonia@nextstepcommunities.com www.nextstepcommunities.com

Shoreline Property Management, Inc.

Diane Rossi 1100 Water Street Suite 1A Santa Cruz, CA 95062 831-426-8013 diane@shorelinepropertymanagement.com www.shorelinepropertymanagement.com

Silvercreek Association Management

David Reese 2950 Buskirk Ave., Ste. 300 Walnut Creek, CA 94957 925-318-1869 dave@sc-manage.com www.sc-manage.com

MANAGEMENT SOFTWARE HOA Alchemy, LLC

Krishna Yalamanchi 2751 Chocolate St. Pleasanton, CA 94588 925-520-5003 krishna@hoaalchemy.com www.hoaalchemy.com

PAINT MANUFACTURERS & CONSULTANTS

TREE SERVICES

Benjamin Moore & Company

Kenji Sweeney 3490 Buskirk Avenue Pleasant Hill, CA 94523 (866) 815-2525 kenji@aplustree.com www.aplustree.com

A Plus Tree, Inc.

Pam Marsh 8350 Pardee Dr. Oakland, CA 94621 415-686-9342 pamela.marsh@benjaminmoore.com www.benjaminmoore.com

RESERVE STUDIES Association Reserves

Lorena Valladares 1278 Indiana St., Ste. 400 San Francisco, CA 94107 415-694-8931 lvalladares@reservestudy.com www.reservestudy.com

TOWING & PARKING SERVICES Rebelloâ&#x20AC;&#x2122;s Towing Services, Inc. Mike Rosas 696 Kings Row San Jose, CA 95112 408-292-8300 x310 mike@rebellos.net www.rebellos.net

Arborwell

Sam Diserens 2337 American Ave. Hayward, CA 94545 (888) 969-8733 sdiserens@arborwell.com www.arborwell.com

WATER & SMOKE REMEDIATION Fire & Water Damage Recovery Maria Neumann 2450 Alvarado St., Building 1 San Leandro, CA 94577 (800) 886-1801 maria@waterdamagerecovery.net www.waterdamagerecovery.net

ECHO journal | September/October 2020

Executive Director’s Message Continued from page 6

urge you to remember the whole. The peace and tranquility of the community is fundamentally an amalgamation of diverse people, now faced with stressors seen and unseen. Leadership imparts wisdom and wisdom is the basic ingredient for building community. As boards, it might be the time to consider strategies outside the norm, befitting with the times, and exercised in wisdom. The world is not black and white, but many shades of differing colors – and like the spectrum of light, we can see much beauty but there is much we cannot see. It is important to be sensitive and caring in this historic period of uncertainty and unrest.

Annual Meeting Notice October 22, 2020 – 9:00 - 9:30 am • Approval of 2019Annual Meeting Minutes • Election • Financial Review The Echo Board of Directors does not anticipate changing of board members due to the Covid-19 Pandemic. If you are interested in applying for a seat on the board, please send your resumé to dzepponi@echo-ca.org and it will be presented to the board for review.

SEE YOU AT EXPO!

INDEX OF JOURNAL ADVERTISERS

Trusted Paints. Quality Results. Benjamin Moore offers a comprehensive lineup of interior and exterior residential products to suit a wide range of needs, specialties and budgets, along with the best selection of color in the business. Homeowners and paint professionals have trusted our unmatched quality and long-term results since 1883.

Ace Property Management.................... 38 AllStar Painting & Maintenance, Inc.... 12 Applied Reserve Analysis........................ 12

Put Benjamin Moore® paints to work for you. Contact Pam Marsh HOA Paint Specialist at 415-686-9342 or pamela.marsh@benjaminmoore.com.

Benjamin Moore Paints............................ 38 Berding | Weil, LLP.................................... 16

17-15869_Echo Journal Ad_5.1875 x 2.312_v2.indd 1

4/12/17 8:39 AM

ACE Property Management, Inc. Professional Service Delivered Personally

• Since 1974 we have provided peace of mind to Board Members, Owners and Residents • Complete Management, Financial and Customer Services • Professional Communication Channels thru Email, Web Pages, etc. • Electronic Records Retention • Assign High Level Professional Community Association Manager • 24/7 Live Response Line • Residential and Commercial Owner Associations welcomed

We serve Santa Clara, San Mateo and Alameda Counties. ACE Property Management, Inc. • 1290 Kifer Road, Suite 309, Sunnyvale, CA 94086 Office: 408-217-2882 • Fax: 408-217-2889

Cagwin & Dorward Landscape Contractors.................................................... 12 CIT Bank.......................................................... 17 Common Interest Management Services........................................................... 17 Heritage Bank of Commerce..................10 IQV Construction & Roofing..................20 Kevin Boland Insurance............................. 11 Levy, Erlanger & Company LLP............39 Rebello’s Towing Services, Inc.................2 White & MacDonald, LLP........................20

September/October 2020 | ECHO journal

8 REASONS TO CHOOSE LEVY, ERLANGER & COMPANY LLP CPAs

Which enables our professional staff of including 6 CPAs and 6 CPA candidates (growing to almost 20 professionals during “tax season” from January to April) to ...

2 100%

Almost of our clients are homeowners associations, planned unit developments, condominiums, condominium conversions, COOPs, tenancies in common and timeshare projects ...

GOLD SPONSOR SEE YOU AT EXPO!

Since 1977 — more than

40 years’ experience ...

150

Working with approximately management companies in Northern California out of a total of 300 serving community associations ...

2,500

Serving more than community associations (3 to 6,700 units) in Northern California out of a total of approximately 17,000 ...

wide range of services

Provide a to community associations including …

• Financial statements • Annual budget reports (pro • Inspector of election and income tax returns forma budget + assessment/ services — audits, reviews and reserve funding summary) • Board and member compilations • Pro forma operating budgets meeting presentations • Comparative 2-year and PUPM assessment • Litigation support financial statements— computations services (developer more meaningful to readers • Assessment and reserve budget adequacy, • Reserve funding plans, funding disclosure summaries fraud investigation, or updates owner complaints, etc.)

Including some

unique publications & services

• 2020 Condominium Greenbook™, the 290-page financial reference book for Association treasurers • 2020 Community Association Financial Survey of over 1,500 associations

• A Management Fee Survey of more than 1,900 associations • ...and numerous other surveys of reserve study practices, percent funded, etc.

As well as more than 40 years of important business contacts to help associations connect with the

BEST.

290 King Street, Suite 12, San Francisco, CA 94107 (415) 981-9350 bill@hoa-cpa.com ECHO journal | September/October 2020

HOA BOARD MEMBERS & HOMEOWNERS $50 COMMUNITY MANAGERS $50

Echo HOA and Individual Members use promo code WECARE for $20 off! FRIDAY & SATURDAY SEPTEMBER 25-26

ATTEND ONLINE FROM ANYWHERE

VIRTUAL EXPO HALL FEATURING 30+ EXHIBITORS

Two-day live event for HOA board members, engaged homeowners and community managers.

Access HOA education, networking opportunities and win prizes from anywhere with an internet connection.

Visit, chat and connect with HOA industry experts and service providers in the Virtual Expo Hall.

Join us virtually from anywhere | September 25-26, 2020 REGISTER HERE

GOLD SPONSOR

E X H I B I T O R S T O D AT E A Plus Tree, Inc.

Dryer Duct

Adamen, Inc.

Fire & Water Damage Recovery

Angius & Terry, LLP

The G.B .Group ,Inc.

Arborwell Tree Management

Heritage Bank of Commerce

A.S.A.P. Collection Services

HOA Alchemy, LLC

Associa Northern California

Hughes Gill Cochrane Tinetti ,PC

Association Reserves

IQV Construction & Roofing

Axis Construction

Levy ,Erlanger & Company LLP

Benjamin Moore & Co.

Next Step Community Management

Berding | Weil, LLP

Pratt & Associates ,APC

Cagwin & Dorward Landscape Contractors

Rebellos Towing Services ,Inc.

Chapman & Intrieri ,LLP

Saarman Construction, Ltd.

Christison Company Association Services

Silvercreek Association Management

CID Consortium ,LLC CIT Bank CM Squared, Inc. Common Interest Management Services Del Conteâ&#x20AC;&#x2122;s Landscaping

SILVER SPONSORS

Recon360

Socher Insurance TARC Construction, Inc. Tinnelly Law Group Tri-Counties Bank Velocity Construction Services ,Inc.

Booth spaces are still available. Contact jprice@echo-ca.org to reserve yours today!

BRONZE SPONSORS

Echo Journal September/October 2020

Articles inside

Exhibitor & Sponsor Directory

Meet Our Faculty

The Self-Managed Association: The Future of Virtual Board Meetings

Track Overview

Visit the Managers Lounge

Let’s Talk Wine Reception

Davis-Stirling Act Annual Disclosure Checklist

HOA Leadership 102

Welcome to the 2020 Echo HOA University & Expo

How to Make It Safely Through the Disclosure Minefield