ECHO Journal - January 2018

Board Meeting Basics p.8

When Politics Come to the Clubhouse

p.14

Solar Energy Systems are Coming to Condominium Roofs p.20

Serving Community Associations

Winter Thoughts for Spring

p.24

A Conflict of Circumstance

p.28

January /February 2018 echo-ca.org

How to Run an Effective Board Meeting p. 8

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

PRSRT STD U.S. Postage PAID Modern Litho 210

Call: 408-292-8300 x2

Private property towing specialists

THE REBELLO’S DIFFERENCE • 24 Hours / 7 days a week • 20 Minute response time • Uniformed, polite, professionals • Licensed with indemnity insurance • Fire lane tour and tow • Parking permit enforcement • Insurance compliant with - Compliance depot - Registry monitoring • Customized parking permits • We have a city business license, and a special use permit to perform private property towing.

Our Drivers: • Are licensed with the city of San Jose • Are licensed by Bureau of Security and Investigation • Are paid hourly and never a commission • Must pass a rigorous three month training program • They must pass traffic incident management training

Free to Qualified Property Managers: •

•

•

Fire lane painting and maintenance Parking permits to go with your parking program Omadi login, on our website, for instant access to tow info and pictures

Ask Us How To Reduce Risk, Minimize Complaints and Eliminate Aggressive Towing

www.rebellos.net service@rebellos.net

696 Kings Row, San Jose, CA 95112 696 Kings Row, San Jose, Phone: 408-292-8300 x2 CA 95112 408-292-8300 x2

news from ECHO

News From ECHO January 2018 Happy New Year!

I’m excited to begin my first new year as ECHO’s executive director. And I want to thank all of you for welcoming me into the position. Your phone calls, emails, and participation in ECHO’s panels and programs are a happy reminder that this a wonderful and dedicated community.

I’d like to bring three important items to your attention: First, in the coming year, I’m working to improve ECHO’s training by offering more resources online. Please make sure to update your membership information and to provide your email – we keep it private. Just send an email to our office: info@echo-ca.org.

Next, ECHO’s Annual Meeting of Members and election of directors will be held on February 8th at 9:00 am at the ECHO office: 1960 The Alameda, Suite 195, San Jose, CA 95126. I invite you to join us. Please be sure to return the ballot recently sent to your Board President so that your association’s vote is counted.

Finally, as you read about some of the new laws, please consider including the optional HOA Advocacy Support contribution in your membership renewal. With the support of ECHO’s board of directors, I am committed to using ECHO’s influence to advocate for California’s HOAs in Sacramento.

2017 was an ugly year for HOA legislation, and your contribution allows us to push back.

Thank you for all that you do. I’m excited to get to work, and I hope you’ll let me know how ECHO can help.

Sincerely,

Tyler Coffin Executive Director

January/February 2018 | ECHO Journal

3

CONTENTS

14 8

24

28

4 echo-ca.org

20

8

Board Meeting Basics What can a board do to conduct meetings in an efficient manner that allows all the appropriate discussion to take place and allow the board to consider its work in an orderly fashion?

A few guidelines, and knowledge of basic parliamentary procedure, can go a long way.

14

When Politics Come to the Clubhouse In California, owners and tenants are allowed to use common area spaces to hold events related to “matters of public interest.”

The association cannot charge a fee or require insurance, and must generally approve these events. This law is potentially dangerous, and the article suggests possible protections.

20

AB 634 – Solar Energy Systems Are Coming to Condominium Roofs The legislature has long encouraged solar panels in planned developments (often single family homes). But as of January 1st, the law requires associations to allow panels on common area roofs, including carports. Fortunately, the association can take a number of steps to reduce conflict and liability.

24

Winter Thoughts for Spring Spring may feel far away, but it isn’t – at least not where your landscaping is concerned. Preparing your landscaping for spring can save you time and expense when everything finally starts to bloom. This article offers winter recommendations for irrigation, existing plants, and new plantings.

28

A Conflict of Circumstance You’ve heard of a conflict of interest, but what about a conflict of circumstance? Every board member has one: as a fiduciary and an owner, you are in charge of financial decisions that affect you personally. That’s a conflict! But it’s not your fault. What do you do?

The ECHO Journal is published bi-monthly by the Educational Community for Homeowners. The views of authors expressed in the articles herein do not necessarily reflect the views of ECHO. We assume no responsibility for the statements and opinions advanced by the contributors to the magazine. It is released with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service.

If legal advice or other expert assistance is required, the services of a competent professional should be sought.

Acceptance of advertising does not constitute any endorsement or recommendation, expressed or implied, of the advertiser or any goods or services offered. We reserve the right to reject any advertising copy.

Copyright 2018 Educational Community for Homeowners. All rights reserved. Reproduction, except by written permission of ECHO is prohibited.

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

ECHO 1960 The Alameda, Suite 195 San Jose, CA 95126 408-297-3246 Fax: 408-297-3517 www.echo-ca.org info@echo-ca.org Office Hours Monday-Friday 9:00am to 5:00pm BOARD OF DIRECTORS AND OFFICERS President David Hughes Vice President Adam Haney Treasurer Diane Rossi Secretary Carly Melius

DEPARTMENTS

3 6 7 31 32 33 34 36 37 38 41 42

News from ECHO 2017 ECHO Educational Calendar San Rafael Seminar — Saturday, February 3rd, 2018 Santa Cruz Seminar — Saturday, March 10th, 2018 Wine Country Seminar — Saturday, March 24th, 2018 Association Awards Check Out a Resource Panel!

ECHO Volunteers ECHO Event Calendar ECHO Bookstore Advertiser Index Legislation at a Glimpse

Directors Sandra Bonato Karl Lofthouse Jerry L. Bowles Jeffrey Saarman Rolf Crocker Brian Seifert John Gill

Wanden Treanor David Levy

Executive Director Tyler Coffin Membership and Events Manager Carly Melius Design and Production Design Site ECHO Mission Statement Fostering a better quality of life in community associations through education, advocacy, and networking.

January/February 2018 | ECHO Journal

5

2018 ECHO educational calendar

2018 ECHO Educational Seminars

San Rafael

If you’ve ever wished that ECHO would hold a seminar closer to your association, chances are that we’ll be nearby during 2018. Don’t miss an opportunity to get the education you need with guidance from some of California’s top HOA attorneys and professionals. Take a look and mark your calendar. We can’t wait to see you there!

Feb. 3

Mar. 10

Mar. 24

San Rafael Educational Seminar (see page 7)

Santa Cruz Educational Seminar (see page 31)

Wine Country Educational Seminar (see page 32)

Embassy Suites San Rafael, CA

Hotel Paradox Santa Cruz, CA

DoubleTree Hotel Rohnert Park, CA

Register today!

Online: www.echo-ca.org;

By Phone: 408.297.3246 6 echo-ca.org

San Francisco

FREE Attendance for ECHO HOA Members!

Join us at the San Rafael Educational Seminar Saturday, February 3rd, 2018

/

8:30 AM to 12:30 PM

Register online at www.echo-ca.org or fill out the form below.

TOPICS • New HOA Law for 2018 • Strategy & Vision: Plan for More than Maintenance • Gaining Compliance through Great Communication • Preparing for Disaster Recovery

Yes, reserve ______spaces for the ECHO San Rafael Seminar Amount enclosed: $______(attach additional names) Name: Email Address: HOA or Firm:

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

ADDRESS

Embassy Suites San Rafael 101 McInnis Parkway San Rafael, CA 94903 PRICE

Address: City: State:

SPEAKERS

Zip:

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

Phone: Visa/Mastercard No. Exp. Date:

THANKS TO OUR SEMINAR SPONSORS

Signature: Return with payment to: ECHO, 1960 The Alameda, Ste 195, San Jose, CA 95126 Orders will not be processed without payment in full. Fees for cancelled registrations will not be refunded. Phone: 408-297-3246; Fax: 408-297-3517

7 echo-ca.org

January/February 2018 | ECHO Journal

7

8 echo-ca.org

BOARD MEETING

BASICS W

hat can a board do to conduct meetings in an efficient manner that allows all the appropriate discussion to take place and allow the board to consider its work in an orderly fashion? The first step in effectively running a board meeting is to adopt and use procedures that assist the board to efficiently run and control its meeting. A board meeting which is organized will run smoothly and conduct the business of the association and yet effectively communicate the position of the association on various matters to the membership.

By Robert DeNichilo, Esq

January/February 2018 | ECHO Journal

9

A

challenging aspect of community association board meetings is how to actually conduct the meeting. Generally speaking, there is little statutory guidance or document-specific provisions explaining how a board should run a meeting.

As a result some boards struggle with this aspect of association management, either not meeting frequently enough, or allowing too much discussion (by both board members and homeowners) so that a meeting, convened to allow the board to conduct the business of the association, effectively turns into a town hall meeting which lasts far too long into the evening.

So what can a board do to conduct meetings in an efficient manner that allows all the appropriate discussion to take place and allow the board to consider its work in an orderly fashion?

The first step in effectively running a board meeting is to adopt and use procedures that assist the board to efficiently run and control its meeting.

A board meeting which is organized will run smoothly and conduct the business of the association and yet effectively communicate the position of the association on various matters to the membership. Here are some tips and suggestions to make board meetings run more smoothly and efficiently:

Prepare and Stick to an Agenda 10 echo-ca.org

Planning and conducting an effective board meeting starts with a good meeting agenda. The agenda is the “road map” of the meeting and is a useful and powerful tool to keep both board members and homeowners on topic and in control. In fact, the agenda must be part of the notice of a meeting which is given to the members. A good agenda will facilitate a smooth, efficient and effective board meeting.

Choose a Form of Parliamentary Procedure There are many ways to conduct an effective board meeting. Some boards

choose to follow Robert’s Rules of Order.

Some Boards like to follow standard “Parliamentary Procedure,” but, boards generally have the ability to choose any form of parliamentary procedure to conduct their meetings. Even though boards are required to follow parliamentary procedures most boards will apply a relaxed version of these procedures and will still meet their duty in conducting the meeting.

Not only is a board required to run a meeting with some form of parliamentary procedure in California, but using parliamentary procedure, like Robert’s Rules of Order, assists boards in conducting “business-like” board meetings with official sounding “motions” made by directors, which require a “second” vote before all the directors vote either for or against the issue.

While most boards attempt to follow a form of parliamentary procedure,

unless a parliamentarian is a board member who can ensure that Roberts Rules of Order are implemented with strict compliance, it is likely that the board is not strictly following true parliamentary procedure in its meetings.

These rules are complicated, complex and outdated. Many directors of boards believe they are applying Roberts Rules of Order in conducting business but would find otherwise if they closely scrutinized their actions in light of the rules. Therefore, it is likely that prior board business believed to be conducted pursuant to Roberts Rules of Order was not conducted in strict accordance to these rules. In any case, strict accordance with Robert’s Rules is not the ultimate goal. Rather than worrying whether the board members are strictly complying with parliamentary procedure, directors should focus on conducting the board’s business in a “business-like manner” without attempting to preclude a director’s votes for failure to strictly comply with parliamentary procedures.

The key to running a meeting with some semblance of parliamentary procedure

is to choose a procedure that works for your individual board. As a baseline, it is always helpful to have a standard procedure which focuses on addressing and voting on issues. For example, if the board is deciding to hire a landscaping contractor (e.g., “Green Thumb Landscaping”), the board might use the following procedure: Board President: “Is there a motion to hire Green Thumb Landscaping?”

Board member 1: “I make a motion to hire Green Thumb Landscaping.”

Board President: “Is there a second?”

Board member 2: “I second.”

Board President: “Is there any discussion concerning this contractor before we take a vote?”

Board President: “Since there is no more to discuss concerning this issue, I call for a vote. All those in favor say ‘Aye’.

All those opposed, ‘Nay’.

(Vote is taken among 5 board members: 3 Aye votes and 2 Nay votes.)

Board President: “Motion passes.”

Create a Board Room Setting While Association Board meetings are not the same as government meetings, they are important events to ensure the community is properly managed and that decisions which are important to the community are made and action taken. While they may often be run through an informal parliamentary process, a sense of informality can often create difficulties for a board when dealing with difficult issues, especially if the community is divided over an issue.

There are steps a board can take in such circumstances which can go a long way towards creating a formal meeting setting while allowing a board to conduct business in an efficient manner. Below are some steps a board and management can take to create a more formal setting for a meeting:

January/February 2018 | ECHO Journal

11

• Establish a code of conduct for board meetings;

• Require members to sign in at board meetings before they can address the board at open forum; • Have board members sit on one side of the table and set up chairs across the room, away from the table, for members to watch the board conduct business; • Keep in mind that, other than in limited circumstances, the board cannot act on items not already on the agenda, and not all homeowner inquiries should be answered in homeowner forum.

Members addressing the board can be advised that the “Board is aware of the issue” or that “the members should contact Management with their question and that to the extent possible Management will respond to their inquiry in the coming days”; • Remember to always keep private matters private.

Conclusion By adopting and sticking to an agenda, choosing a method of parliamentary procedure that works for the board, and creating a formal meeting room setting, a board will go a long way towards keeping meetings on track, orderly, and not lasting longer than needed to accomplish the board’s job. This, in turn, will help the board effectively manage the needs of the association.

Robert DeNichilo, Esq. is a partner in the law firm Nordberg | DeNichilo, LLP., specializing in the representation of community associations throughout California. For more information, please visit his web site at NDHOALaw.com.

12 echo-ca.org

14 echo-ca.org

When Politics Come to the Clubhouse AB 634 says you can’t stop political gatherings in common areas.

By John P. Gill, Esq.

January/February 2018 | ECHO Journal

15

meet with members, residents and their invitees or guests and to speak on matters of public interest; • Using the common area, including the community or recreation hall or clubhouse, or (with the member’s consent) the member’s separate interest, for an assembly or meeting described above when that facility or separate interest is not otherwise in use; • Canvasing and petitioning the members, the board of directors, and residents for the activities described above at reasonable hours and in a reasonable manner; OR • Distributing or circulating, without prior permission, information about common interest development living, association elections, legislation, election to public office, or the initiative, referendum or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.

On September 11, 2017, Governor Brown approved SB 407 which significantly affects the rights of homeowners associations to regulate (1) assemblies and/or non-association meetings within common interest developments, (2) the use of common area meeting spaces, and (3) access to the common interest development for purposes related to matters of association business or matters of general public interest. SB 407 creates a new Civil Code Section 4515, specifically to entitle members and residents of common interest developments to peacefully assemble and freely communicate with one another and with others with respect to common interest development living or for social, political or educational purposes.

NEW CIVIL CODE SECTION 4515 16 echo-ca.org

Effective January 1, 2018, Civil Code Section 4515 requires the following:

1. The association’s governing documents (including its CC&Rs, Bylaws and operating rules) shall not prohibit a member or a resident from doing any of the following: • Peacefully assembling or meeting with members, residents, and their invitees or guests during reasonable hours and in a reasonable manner for purposes relating to common interest development living, association elections, legislation, election to public office, or the initiative, referendum or recall processes;

• Inviting public officials, candidates for public office, or representatives of homeowner organizations to

2. A member or resident cannot be required to pay a fee, make a deposit, obtain liability insurance, or pay the premium or deductible on the association’s insurance policy, in order to use a common area facility for any activity described above.

3. A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described above may bring a civil or small claims court action to enjoin the enforcement of a governing document that violates the provisions above. In addition, the court may assess a civil penalty of up to than $500 for each violation.

EFFECT OF SB 407

July / August 2017 | ECHO Journal

21

members or residents from contacting other residents directly, at reasonable hours, to discuss and distribute information regarding matters unrelated to association business.

While free speech and free assembly are fundamental rights, SB 407 now elevates their importance above private property rights and exposes associations and their members to significant financial, security and property damage risks.

After witnessing escalations of violence and significant property damage in public places within the past year arising from political gatherings that did not have adequate security or regulation, the timing of SB407 – and the burdens that it places on associations related to private property use without the ability to regulate it in traditional ways – is rather ironic and troubling.

POTENTIAL OPTIONS FOR REGULATION

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

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

18 echo-ca.org

Essentially, SB 407 is a broad expansion of previous legislation that requires homeowners associations to ensure access to any common area meeting space during an association voting campaign, at no cost, to candidates and to members advocating a point of view.

Civil Code Section 4515 now requires that the common area facilities and a member's separate interest be made available, at no cost and with no insurance protection, to members and to non-member residents, guests and invitees for gatherings related to non-association business matters defined broadly as “matters of public interest.” Legitimate concerns exist that, in the absence of clear operating rules to the contrary, “guests and invitees” could be interpreted to include members of the public generally, which could inadvertently subject associations to the Americans with Disabilities Act (“ADA”) in communities where the ADA would not otherwise be applicable. In any event, this legislative expansion of mandated access and use of common area facilities is unprecedented. Similarly, associations no longer can employ “no solicitation” rules to prevent

While SB 407 largely prevents associations from prohibiting certain gatherings and activities altogether, several possibilities remain for protecting an association's interests, protecting against property damage, and protecting members and residents from gatherings that otherwise could expose the association and its members to the risk of harm. Board members should consult immediately with their association's attorney regarding the development of operating rules related to common area facilities use and related behavior, which could include the following types of protections:

• The prior identification of the number of and identity of all guests and invitees for any planned gathering in the common area, to avoid the implication of a “public” gathering and for security purposes;

• Requiring a member or resident to provide adequate security in a fashion that is appropriate for the size and nature of any planned common area gathering;

• A limitation of the size of any gathering in a common area facility, consistent with local fire codes and other codes and ordinances designed to protect against injury or other harm; • A prohibition against the invitation of the general public to a common area gathering (e.g. by the posting of a flyer/invitation at the local library);

• Prohibition of alcohol consumption in common area facilities; • Sound/noise restrictions (e.g., prohibition of microphones or bullhorns in common areas); • The imposition of responsibility on members and/or residents sponsoring any common area gathering for any damage resulting from the gathering; and • Regulation of "reasonable" hours of common area gatherings.

Regardless of reasonable efforts to transfer some risks and burdens back onto members and residents sponsoring a common area gathering, an association will still be obligated to take its own reasonable steps to protect its members, residents and the common area from foreseeable risks of harm. An association cannot abdicate its own responsibilities to protect the community.

Consequently, the ability to obtain as much advance notification of (and information about) any planned gathering in the common area is essential to an association's ability to protect the community and its facilities. These and other considerations should be discussed candidly with legal counsel so that Board members are able to comply with their fiduciary duties in a reasonable and defensible manner.

John P. Gill, Esq. is a principal with Hughes Gill Cochrane Tinetti LLP in Walnut Creek. He is a frequent speaker and writer on CID issues, and a current member of the ECHO Board of Directors.

January/February 2018 | ECHO Journal

19

AB 634 AND SOLAR E

COMING TO A CONDOMIN 20 echo-ca.org

By John P. Gill, Esq.

ENERGY SYSTEMS –

NIUM ROOF NEAR YOU

S

olar energy systems have been fixtures in planned developments for several years, with the rights of owners to install such systems on their separate interest property protected by California law. Civil Code Sections 714 and 714.1 have regulated the installation and use of solar energy systems in planned developments in several ways:

• An association’s governing documents cannot prohibit the installation of solar energy systems in planned developments;

• Solar energy systems can be subject to an application for architectural approval in a planned development, with a 45-day automatic approval if such an application is not denied within that time; • Associations governing planned developments can impose reasonable restrictions related to the installation and maintenance of solar energy systems that do not unreasonably increase the cost or significantly decrease the efficiency or specified performance of such systems; and • Associations governing planned developments can impose reasonable restrictions related to the maintenance, repair or replacement of roofs or other building components, and may require installers of solar energy systems to provide indemnity or reimbursement for damage.

Effective January 1, 2018, solar energy systems now also cannot be prohibited in condominium developments. AB 634 identifies a number of provisions that 22 echo-ca.org

entitle association members, in many instances, to install rooftop solar energy systems on common area condominium roofs, while authorizing condominium associations to regulate the installation, maintenance and repair of such systems and related roofs in ways that protect the property rights of the association and all other members.

system on a roof shared by multiple homeowners, associations shall require the following:

ADDITIONS TO CIVIL CODE SECTION 714.1

• The applying owner and each successive owner must maintain homeowner liability insurance for the rooftop solar energy system and must provide the association with a certificate of insurance within 14 days of approval and annually thereafter.

AB 634 makes clear that a condominium association no longer may establish a general policy prohibiting the installation or use of a rooftop solar energy system, for household purposes, on either the roof of the building in which the owner resides (a common area condominium roof ) or on the garage or carport adjacent to the building assigned to the owner for “exclusive use.” To ensure that the installation of rooftop solar energy systems in condominium developments is not subjected to the whims of the other members, Civil Code Section 714.1 now makes clear that an association shall not require membership approval for the installation of a rooftop solar energy system on the applying owner's common area roof or on an exclusive use garage or carport roof.

NEW CIVIL CODE SECTION 4746 Recognizing the significant need for architectural approval and regulation of solar energy systems on shared common area roofs, AB 634 creates a new Civil Code Section 4746 to identify several requirements related to applications for architectural approval and an association’s consideration of such applications.

1. Notice and Insurance Requirements When considering an architectural approval request to install a solar energy

• The applicant must notify each other unit owner within the building of the application to install a rooftop solar energy system; and

2. Solar Site Survey In addition to the above mandatory conditions, an association also may require an applicant to submit a solar site survey that

• shows the placement of the solar energy system on the roofing surface; • is prepared by a licensed contractor or registered salesperson knowledgeable in solar energy system installation; and • identifies the usable solar roof area on the roof in question.

If the association requires such a solar site survey, the survey itself must include a determination of the "equitable allocation of the usable solar roof area among all owners sharing the same roof, garage or carport."

While Civil Code Section 4746 does not require such a solar site survey as part of an architectural application, the adoption of an operating rule that requires such a survey is a critical, common sense protection designed to enable an association to give all members within the same

building (under a shared roof ) equal access to the roof for solar energy purposes. In the absence of such a solar site survey requirement, an individual member who happens to submit the first application to install a rooftop solar energy system effectively could hoard the entirety of the usable roof surface, to the exclusion of all other members living under the same common area roof.

Requiring a solar site survey, therefore, would give the board of directors a powerful tool to ensure that all members within a single building are treated fairly and equally.

In addition, the submission of a solar site survey by an applying member would not necessarily compel an association to agree with the applicant's determination of the "equitable allocation" of the usable solar roof area. To protect its own interests and the rights of other members, associations should consider retaining their own independent consultants to evaluate member applications for installation of solar energy systems and the accompanying solar site surveys.

3. Other Optional Protections Finally, Civil Code Section 4746 also empowers (but does not mandate) associations to require the applying owner and each successive owner of a rooftop solar energy system to be responsible for the following:

• Costs to repair damage resulting from the installation, maintenance, repair, removal or replacement of the solar energy system; • The cost of maintenance, repair or replacement of the system; • The cost of restoration of common area, exclusive use common area, or separate interests after removal; and • The obligation to disclose to prospective buyers the existence

of the rooftop solar energy system and the prospective buyer’s obligations related to such a system if the prospective buyer purchases the condominium in question.

IMPORTANCE OF OPERATING RULES AND/OR SOLAR POLICIES The rights, responsibilities and options available to associations within AB 634 necessarily will require the careful evaluation and modification of governing documents, including architectural approval requirements in CC&Rs and operating rules related to architectural applications generally and the installation of rooftop solar energy systems specifically. Recognizing the importance of the property rights of all members, coupled with the foreseeable impact of rooftop solar energy installations on common area roofs, it is critical that boards of directors in condominium associations immediately consult with legal counsel to evaluate the association’s existing governing documents, the impact of AB 634 on the community, and the specific needs of the community that must be addressed within the governing documents.

Because each community has unique architectural features and needs, there is no "one-size-fits-all" solution to the challenges imposed by AB 634. In-depth discussions with legal counsel to analyze each association's need and available enforcement options are essential. In addition, associations should consider retaining a solar energy system consultant and/or an architectural (roofing) consultant to evaluate applications for the installation of rooftop solar energy systems.

John P. Gill, Esq. is a principal with Hughes Gill Cochrane Tinetti LLP in Walnut Creek.

He is a frequent speaker and writer on CID issues, and a current member of the ECHO Board of Directors.

January/February 2018 | ECHO Journal

23

Winter Though Landscapes

24 echo-ca.org

hts for Spring

By Oliver Diaz

January/February 2018 | ECHO Journal

25

T

he weather is cold and frosty, and those warm summer evenings and fall leaves are a distant memory.

Spring feels very far away, but is actually just around the corner. In a few short weeks, trees will begin to bloom, and daffodils and tulips will poke their heads up after the long winter.

What should you be doing now to prepare your landscape for spring?

Irrigation System Start early by making sure that your irrigation system is up for the demands of spring and summer. Plan to check your irrigation system for proper operation. Check for the following:

• Ensure the irrigation controller is operating properly.

• Check that all irrigation valves are operating automatically from the controller.

• Check each irrigation sprinkler for proper coverage and ensure none are clogged.

• Check for broken or leaking pipes, valves or irrigation heads/nozzles.

• Trim any shrubs or ground cover that might block the sprinkler coverage.

• Replace any components that are not working properly.

• Set your controller with “a spring time program”. One day per week 26 echo-ca.org

with two start times should do it.

• Replace the battery for back-up operation.

This should do it! Once the system has been checked and components repaired or replaced, just switch the controller on in the spring and you are ready to grow!

Existing Plantings Your landscape probably looks dormant right now. The cold weather and short days slow plant growth and can make some landscaping appear dead. But it isn’t! Here are a few things you can do to help your landscape weather the winter:

• Your irrigation system should be turned off. The rain in most northern California micro-climates should be enough to sustain your plantings over the winter season.

• Make sure all old bloom and dead wood are trimmed away.

This will lead to healthier fuller growth come spring.

• Review the shape and size of the plant, as early spring is a good time to use natural pruning techniques to reshape woody shrubs and reduce plant “legginess.”

• Watch the overnight low temperatures and (if feasible) try to cover and plants that are sensitive to the cold. Succulents, citrus and hydrangeas are common plants that don’t do well in low temperatures.

• Consider adding mulch to your planting beds. A 3 – 4 inch layer of mulch can act as insulation, protecting plant roots from extreme temperatures.

New Plantings

Now is a good time to review the plants in your landscaping. You may want to replace poorly-performing or aging plants in the spring with better varieties or to augment your existing landscape.

Depending on your personal horticultural skills, you may want to consult your landscaper or your local nursery for recommendations. Planting in spring will give the plants time to acclimate prior to the hot weather. It will also allow the rain to help water the plants, rather than just relying on the irrigation system. The following are considerations to increase the success of your new plantings:

• Plant size at maturity is critical to avoid overcrowding in the future.

• Group plants by sun and water requirements to allow for efficient irrigation programming when plants reach maturity.

• Use plants with varying foliage color such as variegated or purple leaves. For example, light colored foliage will stand out in shady places!

• Try to plant in groups of 3, 5 or 7.

This design trick makes the planting look purposeful.

When considering new plants, remember that California native plants will help your landscape look great in all seasons.

Natives do well in our soil types and climate, usually with less water and fertilizer required. Some of our favorite varieties include:

• Monkeyflower – several varieties available. A fast-growing small shrub. It grows 2-3 feet tall with narrow leaves and showy, twolipped pale yellow or orange flowers that attract bees.

• Yarrow – These plants can be used to cover a large territory with sage-scented ferny foliage that dies back in winter. Six inch to foot high flowering stalks carry flattopped clusters of tiny white pink daisies from late spring to summer.

• Matilija poppy (Romenya Coulteri) - Perennial that can grow to over 6 feet tall. Bluish – green leaves and huge flowers with crumpled white petals and golden stamens makes a stunning addition to any garden. It blooms from early summer to fall and is attractive to bees.

• Hummingird fuchsia (Epilobium canum, and E. septentrionale) – Fuchsia-like blossoms are attractive to hummingbirds, grows about 3 feet high. Gray to bright green leaves and arrow trumpet shaped scarlet flowers that bloom from August to late Fall.

• California wild rose (Rosa californica) – This lovely shrub has comund leaves and stems without prickles.

Flat-topped clusters of fragrant, pink, single rose flowers appear throughout the summer. Bright red hips attract wildlife in fall.

Taking these steps now will ensure your irrigation system and landscape are in great shape come spring.

Oliver Diaz is a senior account manager at Cagwin & Dorward, a full service landscaping company serving northern California.

November/December January/February 2018 2017 | ECHO Journal

27

A Conflict of Circumstance

By Rolf Crocker

28 echo-ca.org

January/February 2018 | ECHO Journal

29

I

n HOA World, the term “conflict of interest” is thrown around a lot, usually in the context of a VendorManager, or Vendor-Board member relationship. I believe there is another type of conflict that goes unrecognized, something I call a “conflict of circumstance.”

This type of conflict affects every interaction, every decision and every outcome of community association decisions. From this conflict, there is no escape. escape.

Let’s start with the premise that Board members are really trustees. It’s an important distinction. A trustee is “somebody who is given legal authority to manage money or property on behalf of someone else.” This term brings home the true gravity of the role of Board member. With that in mind, here are the basic elements that make up a “conflict of circumstance”:

1. The trustee procures the services that they receive You are a board member and, by necessity, an owner. When you are personally receiving benefit from the HOA’s services, there is an unavoidable cloud on objectivity in relation to the needs of the whole. This isn't insidious or devious it’s the position defined and delegated to you through the governing documents.

2. The trustee helps to fund those services 30 echo-ca.org

It’s not just the receipt of services; as a trustee, you also authorize payment for those services. The level of subjectivity involved in this work is very difficult to overcome. However, this is not the most significant driver of subjective decision-making in HOAs. See below.

3. The trustee is a peer As a board member, you are also a member of the organization of which you are a trustee. You have to make the “big chair” decisions for the community, yet come home to explain to neighbor Jack at the mailbox why the budget must increase 15%. And you get to do this in the context of wanting to come home at night and have some modicum of a normal life.

This conflict cannot be eliminated, only managed. Here are a few steps that can help you walk your board member peers and yourself through this minefield:

Have empathy for your fellow Board Members and owners Put yourself in their shoes - a volunteer who is completely responsible for the outcome of an asset that typically represents the single most significant financial investment of the individual owners. Difficult at best for the most civic-minded among us.

Seek to have your members’ “eyes and ears” This takes point #1 from thought to action. Genuinely seek solutions which may be markedly different from what you would do if the outcome did not affect you directly. They may not be the best "objective" solutions but, as we've already discussed, this business is anything but objective from the perspective of the trustee.

Have empathy for yourself While your manager gets to go home at night, away from the association’s boiling pot of politics, you do not. The pressure you feel is constant and unyielding. Keep this in mind when your board meeting goes badly, because people are almost always reacting to the circumstance, not to you personally.

Board members are HOMEOWNERS first and foremost Board service comes and goes but ownership and everything it represents is for the duration. Even as a trustee, your first reaction is likely to be as an owner. That’s ok. But as you learn to recognize this in yourself and in your peers, you’ll be able to give yourself the grace, place and space to process that knowledge and act as a trustee: what must you do in the best interest of the whole?

Someone once said that community associations are "an experiment that became an institution." I believe this to be true. And as a manager, I’ve seen this reflected in our industry. The technical aspects of management and governance are not necessarily arduous, but the human aspects is ALWAYS arduous.

Therein lies the true Art of Governance.

The degree to which you can understand the nature of this “conflict of circumstance” will equal in every way the degree to which your association will be successful. But more importantly, it will allow you to make a difference a real, positive and lasting difference, a difference of incomparable value.

Rolf Crocker, AMS, CCAM, CAMEx is a member of the ECHO Board of Directors. He is CEO/ Principal of OMNI Communty Management, LLC and can be reached at rolf.crocker@ omnicommunities.com.

FREE Attendance for ECHO HOA Members!

Santa Cruz Educational Seminar Save the Date!

Saturday, March 10th, 2018 8:30 AM to 12:30 /

Yes, reserve ______spaces for the Santa Cruz Seminar.

Amount enclosed: $______(attach additional names) Name: Email Address:

TOPIC

New Laws for 2018 How to Run a Professional Board Meeting Final Topic To Be Announced

HOA or Firm: Address:

ADDRESS

City: State:

Zip:

Phone:

Hotel Paradox 611 Ocean Street, Santa Cruz, CA 95060

Visa/Mastercard No. Exp. Date:

PRICE

Signature:

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

Return with payment to: ECHO, 1960 The Alameda, Ste 195, San Jose, CA 95126 Orders will not be processed without payment in full. Fees for cancelled registrations will not be refunded. Phone: 408-297-3246; Fax: 408-297-3517

January/February 2018 | ECHO Journal

31 31

FREE Attendance for ECHO HOA Members!

Wine Country Educational Seminar Save the Date!

Saturday, March 24th, 2018 8:30 AM to 12:30 PM /

TOPIC

New Laws for 2018 More Topics To Be Announced

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

ADDRESS

DoubleTree Sonoma Wine Country, One Doubletree Drive, Rohnert Park, California, 94928, USA PRICE

Email Address:

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

HOA or Firm: Address: City: State:

Zip:

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

THANKS TO OUR SEMINAR SPONSORS

2017 Homeowner Association of the Year THE VILLAGES ASSOCIATION

2017 Board Member of the Year ANN MARQUIS-FISHER

2018 Association Awards We’re accepting nominations for ECHO’s 2018 Association Awards. Do you know an amazing board member or association? Tell us! ECHO will announce the 2018 Association Awards winners at the ECHO Annual Seminar on June 14th.

individual board member who demonstrates outstanding leadership in his or her HOA community, commitment to education, and works actively to support ECHO's mission.

The Homeowner Association of the Year award recognizes an outstanding ECHO Member Association whose board demonstrates continuing commitment to education and excellence in governance.

2017 HOMEOWNER ASSOCIATION OF THE YEAR The Villages Association

The Board Member of the Year Award recognizes an

Visit the ECHO Blog to find the online nominations form. All nominations are due by May 1st. echo-ca.org/blogs

2017 BOARD MEMBER OF THE YEAR Ann Marquis-Fisher President, Deer Oak Association

January/February 2018 | ECHO Journal

33

Check out a Resource Panel!

ECHO Panels are informal meetings of ECHO members and industry professionals who share experiences and find ways to improve life for California associations. Check out upcoming Panel meetings on ECHO’s event page, or read more about past ones on our blog.

2

1

1. East Bay Resource Panel

3. Monterey Seminar

How to Analyze Your Budget

Starting Your Painting Project Now

At our meeting in October, we talked about how to understand the central Annual Budget Report documents and to identify possible problems. Adam Haney, a CPA and owner of CID Consortium (and an ECHO Board Member), together with Linnea Juarez of Condominium Financial Management lead the discussion. Both speakers talked about the key numbers in sample financial documents: the pro forma budget, the balance sheet, and the income and expense statement. They invited attendees to help interpret the numbers and had an excellent discussion about financial document reviews.

It wasn’t a panel, but we had a great time in Monterey.

Our amazing speakers addressed new laws, hoarding, nuisances, and insuring for disasters. Thank you to the 80 board members who came out, asked questions, and made this event a blast. And thanks to Janet (pictured) for showing off her 20 Year ECHO Membership pin!

2. Wine Country & Central Coast Panels New Law Preparation

Thank you to the boards and professionals who came to our Wine Country and Central Coast meetings. With so much interest, we’re looking for more space! Both groups met to talk about two new laws: AB 634 and SB 407 (see pages 41 & 42). Both laws are going to be a big deal for associations in 2018, and our groups focused on concerns about liability, the possible application of the ADA, and potential unrest. Attorney Jeffrey Barnett of Adams-Stirling led the Central Coast Panel discussion, and attorney Barbara Zimmerman addressed the Wine Country Panel.

34 echo-ca.org

4. Maintenance Resource Panel Annual Holiday Party

The Maintenance Panel met in December to celebrate the end of the year. ECHO is grateful to this group of professionals and their unfailing support of ECHO’s mission. Also, they’re a lot of fun. This month, Judy O’Shaughnessy of Kelly Moore Paints stepped down as Panel Chair after doing an incredible job for the last several years. But we’re excited to welcome Cassidy Rajkovich of Brook Construction Management as the new chair.

Join us! See page 37 for Panel information and contacts. Or contact the ECHO Office: info@echo-ca.org.

2

3

John Garvic, Esq.

4

4

2

ECHO honor roll

ECHO HONORS VOLUNTEERS Resource Panel Chairs

Seminar Speakers

Recent Contributing Authors

Accountant Panel Adam Haney, CPA 888-786-6000 x317

East Bay Sandy Bonato, Esq. Geri Kennedy David Levy, CPA Melissa Ward, Esq. Wendy Weber

November/December 2016 Joe Winkler, CMCA Clint McClure, CCAM Cameron Day, Esq. Julie M. Mouser, Esq. Adrian Adams, Esq. Wayne Louvier, Esq.

Central Coast Panel John Allanson 831-685-0101 East Bay Panel Ann Marquis-Fisher amarquisfisher@yahoo.com Legal Panel Mark Wleklinski, Esq. 925-280-1191 Maintenance Panel Cassidy Rajkovich cassidy@brookcm.com North Bay Panel Stephanie Charles & Diane Kay (415) 458-3537 South Bay Panel Tyler Coffin 408-297-3246 x4 Wine Country Panel Pam Marsh 415-686-9342 Legislative Committee Paul Atkins Jeffrey Barnett, Esq. Sandra Bonato, Esq. Jerry Bowles Oliver Burford Joelyn Carr-Fingerle, CPA Chet Fitzell, CCAM John Garvic, Esq., Chair Roy Helsing Geri Kennedy, CCAM Wanden Treanor, Esq.

Annual Seminar Jeffrey Barnett, Esq. Tyler Berding, JD, PhD. Tyler Coffin Alan Crandall Rolf Crocker, CCAM Derek Eckert, RS John Garvic, Esq. John Gill, Esq. Sandra Gottlieb, Esq. David Levy, CPA Alex Noland, Esq. Deon Stein, Esq. Amy Tinetti, Esq. Wendy Weber Krishna Yalamanchi Monterey Sandra Bonato, Esq. Melissa Ward, Esq. Wendy Weber

January/February 2017 Sandra L. Gottlieb, Esq., CCAL Burt Dean Cameron Day, Esq. Jo Pope David Levy, MBA, CPA Wayne Louvier, Esq. March/April 2017 Steven Saarman, Jeff Saarman, and David Saarman Dave Heiligenthal Erin Kelly Pat Crosscombe May/June 2017 Brian Seifert Robert M. Nordlund, PE, RS Colletta Ellsworth-Wicker, PCAM Tim Bosveld Richard Tippett July/August 2017 David Kuivanen, AIA Pat Crosscombe Sandra M. Bonato, Esq. Steven S. Weil, Esq. Steven T. O’Brien September/October 2017 David C. Swedelson, Esq. Bob Gourley Berding & Weil LLP Cagwin & Dorward Julie Adamen November/December 2017 Debra Warren Joelyn Carr-Fingerle Wendy Weber Sandra L. Gottlieb, Esq., CCAL

36 echo-ca.org

ECHO event calendar

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

Please join us: DATE

LOCATION

RSVP

TOPIC

Jan 4, 11:45 a.m.

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

Denise Wolford, CCAM 415-458-3537

TBD

Jan 9, 11:45 a.m.

Central Coast Resource Panel The Back Nine Grill, 555 Hwy 17 (Pasatiempo Exit), Santa Cruz

Anne Thomas 800-537-4098 ext.7530

TBD

Jan 18, 11:45 a.m.

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

Pam Marsh 415-686-9342

TBD

Feb 9, 11:30 a.m.

East Bay Resource Panel Massimo Restaurant 1604 Locust St., Walnut Creek

Ann Marquis-Fisher amarquisfisher@yahoo.com

TBD

Feb 14, 11:30 a.m.

South Bay Resource Panel ECHO Office, 1960 The Alameda San Jose

Tyler Coffin 408-297-3246 x4

TBD

Mar 1, 11:45 a.m.

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

Denise Wolford, CCAM 415-458-3537

TBD

Mar 13, 12:00 a.m.

Central Coast Resource Panel The Back Nine Grill, 555 Hwy 17 (Pasatiempo Exit), Santa Cruz

Anne Thomas 800-537-4098 ext.7530

TBD

Mar 15, 11:45 a.m.

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

Pam Marsh 415-686-9342

TBD

REGULARLY SCHEDULED RESOURCE PANEL MEETINGS PANEL

MEETING

LOCATION

Maintenance

First Wednesday, Even Months

ECHO Office, San Jose

North Bay

First Thursday, Odd Months

Contempo Marin Clubhouse, San Rafael

East Bay

Second Friday, Even Months

Massimo Restaurant, Walnut Creek

Accountants

Second Monday, Odd months

Scott’s Seafood Restaurant, Oakland

Central Coast

Second Tuesday, Odd months

The Back Nine Grill, Santa Cruz

South Bay

Second Wednesday, Even Months

TBD

Wine Country

Third Thursday, Odd months

Serv-Pro, Cotati

Legal

Quarterly

Varies

January/February 2018 | ECHO Journal

37

BOOKSTORE The ECHO Bookstore is your source for great information on the duties of HOA Board Members.

Order online or fill out the form on the facing page.

Robert’s Rules of Order Member Price: $7.50 Non-Member Price: $12.50 A step-by-step guide to the rules for meetings of your association, the current and official manual adopted by most organizations to govern their meetings. This guide will provide many meeting procedures not covered by the association bylaws or other governing documents.

2018

2018 Condominium Greenbook Member Price: Non-Member Price:

This companion to the Condominium Bluebook is an in-depth guide to all aspects of association finances, including accounting methods, financial statements, reserves, audits, taxes, investments and much more.

Not for the accounting novice, this is a tool for the treasurer or professional looking for specific information about association finances.

Board Member Handbook Member Price: Non-Member Price:

Non-Member Price: $17.95 Construction defect litigation can be confusing, expensive and fraught with legal pitfalls. This eye-opening guide, written by accomplished construction-defect attorneys, is an essential tool for board members who need to understand the legal process.

38 echo-ca.org

$15.00 $25.00

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

Revised and updated in June 2012.

Construction Defect Claims Member Price: Non-Member Price:

$19.95 $25.00

New buildings can conceal extensive faults.

It’s a board’s worst nightmare—rainstorms damage buildings and bring owner complaints. Is legal action necessary? With this new book, you’ll learn about the resolution process for construction problems, and how to handle complex claims.

Home and Condo Defects Member Price: $12.95

$17.00 $25.00

2018

Condominium Bluebook 2018 Edition Member Price: $17.00 Non-Member Price: $25.00 This well-known compact guide for operation of common interest developments in California now includes a comprehensive index of the book and a chapter containing more than 200 frequentlyasked questions about associations, along with succinct answers.

2018 Digital Downloads Free for ECHO Members

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

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

Bookstore Order Form

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

TITLE

QUANTITY AMOUNT

2017 Statute Book Board Member Handbook Owner Information Form SUBTOTAL

Clubhouse Usage Policy

CALIFORNIA SALES TAX (Add 8.75%)

and Reservation Form HOA Investment Policy

TOTAL AMOUNT

Yes! Place my order for the items above.

Check

Board Code of Ethics

Visa

MasterCard

Credit Card Number Exp. Date

Consent to Electronic

Name (please print)

Transmission

Association (or company)

Log in to download from our online store. Don’t have an account? Email us: account@echo-ca.org

Signature

Email Address City

State

Zip

Daytime Telephone

January/February 2018 | ECHO Journal

39

new professional members

Welcome to our

NEW PROFESSIONAL MEMBERS

Barrerra & Company Barrera & Co is a second-generation, family-owned company specializing in Reserve Studies for over three decades. They’ve worked with communities of every size, who value collaboration to provide the best customer service possible. Barrera’s mission is to provide the most accurate study, for the best price and the least amount of time.

Contact: Damian Esparza • Tel: (800) 543.8670 Email: info@barreraco.com • Web: www.barreraco.com

Brook Construction Management Brook Construction Management provides consulting & construction management services for Homeowner's Associations (HOAs). Our goal is to work for your HOA to make the construction process effortless & smooth by providing the following services: develop a comprehensive project scope of work; create competitive bidding with licensed & qualified contractors; regular & detailed communication between the HOA & the contractor; monitor construction costs & schedule; conduct regular inspections for quality control; obtain lien releases & warranties from contractors; prepare project closeout folders for HOA archives.

Contact: Cassidy Rajkovich • Tel: (408) 398.6421 Email: cassidy@brookcm.com • Web: www.brookcm.com

Sail Internet Sail Internet is bringing fast, fiber-caliber internet at an affordable price to condominium complexes in the Silicon Valley. Sail will have your condominium complex up and running with blazing fast internet within 30 to 45 days. Sail Internet was founded on the premise that everyone should have the freedom to choose the best internet service available that fits their needs without hassles or limitations.

Contact: Javier Quezadah • Tel: (844) 438-8484 Web: www.sailinternet.com

Weathermatic Weathermatic is the world's leading provider of smart irrigation and water management products and services since 1945.

Driven by a simple purpose of saving water, our SmartLink platform is the most intelligent, affordable, cloud-based irrigation system that dramatically reduces water usage, maximizes landscape beauty and increases property values.

With over 450,000 installations across 85 countries, Weathermatic is the solution of choice for communities, businesses and schools. Our commitment to sustainability extends beyond water conversation solutions with our Save Water I Give Life initiative that gives back one gallon of water for every gallon saved to improve lives around the world.

Contact: Jamie Hahn • Tel: (888) 484.3776 Web: www.weathermatic.com

Find all of ECHO’s Professional Members Online.

Visit our Professionals Directory at www.echo-ca.org.

40 echo-ca.org

advertiser index

about ECHO

WHAT IS ECHO? Ace Property Management..................27 www.acepm.net Affirmative Management Services.....19 www.thehoamanager.com Applied Reserve Analysis....................23 www.appliedreserveanalysis.com Barcode Automation, inc. ...................13 www.Barcode-Automation.com Benjamin Moore Paint & Company...........................................27 www.benjaminmoore.com

Cornerstone Community Management.........................................12 www.cornerstonemgt.biz Eugene Burger Management Co.........11 www.ebmc.com Heritage Bank of Commerce. .............19 www.HeritageBankofCommerce.com Levy, Erlanger & Company..................17 www.hoa-cpa.com R.E. Broocker Co...................................23 www.rebroockerco.com

Berding Weil..........................Back Cover www.berding-weil.com

Rebello’s Towing....... Inside Front Cover www.rebellos.net

Common Interest .................................16 www.commoninterest.com

Satellite Painting, Inc. .........................12 maurizio@satpainting.xom

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

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

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

ECHO Membership Dues Association Membership HOA 2 to 25 units...........................$130 HOA 26 to 50 units.........................$180 HOA 51 to 100 units.......................$275 HOA 101 to 150 units.....................$375 HOA 151 to 200 units.....................$450 HOA 201 or more units..................$575 Professional Membership.................$500 Association Management Membership.......................................$500 Individual Membership.......................$75 Journal Subscription............................$15

How Do You Join ECHO?

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

Over 1,400 members benefit each year from their membership in ECHO. Find out what they’ve known for years by joining ECHO today. To apply for the membership, sign up online at www. echo-ca.org.

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

August2014 2013 || ECHO ECHOJournal Journal February Journal

41 41 41

legislation at a glimpse

The HOA-related selections below come from our review of thousands of bills introduced in Sacramento this year.

The complete list is available on our website. That list – and the impact of each bill – will change as authors amend the language in their bills. www.echo-ca.org/hoa-advocacy

Current Legislation Bill Information

Summary

AB 534

Mechanics Liens on HOA Owners

Watch Status: Signed by Governor

In a common interest development, would prohibit a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs.

AB 634

Solar Energy System Placement

Oppose

Specifies that an association may not establish a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use. This bill would allow a single owner to control the roof space over multiple units.

Author: Gallagher

Author: Eggman Status: Signed by Governor

AB 690

Document Charges & Manager Conflicts of Interest

Watch

Position

If a management company is contracted to facilitate the delivery of documents, requires the company to inform a seller that he or she is not required to purchase all of the documents on a specified form. Additionally requires the association to disclose any conflicts of interest, as defined.

AB 731

Tax Deduction for HOA Assessments

Watch

This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2023, would allow a deduction in computing adjusted gross income for an amount paid or incurred by the qualified taxpayer during the taxable year, not to exceed $3,000, for qualified homeowners’ association assessments.

Author: Quirk-Silva Status: Signed by Governor

Author: Chen Status: In Assembly Appropriations.

Two-year bill.

AB 786

Statements of Information – Online Filing

Support

Would allow common interest developments to submit the biennial statements of information to the Secretary of State online.

Author: Kiley Status: In Assembly Banking & Finance.

Two-year bill.

AB 1079

Annual Policy Statement Deadlines

Watch

Current law requires requires the association to distribute an annual policy statement between 30 to 90 days before the end of the fiscal year. This bill would change the time requirements for distribution to be within 31 to 91 days before the end of the fiscal year.

Author: Cunningham Status: Introduced. Two-year bill.

42 echo-ca.org

legislation at a glimpse

Current Legislation (continued) Bill Information

Summary

AB 1239

Building Standards for Electric Vehicle Charging

Watch Status: Vetoed

Requires the Department of Housing and Community Development and the Building Standards Commission to research, propose, and adopt mandatory building standards regarding electric vehicle capable parking spaces for multifamily housing.

AB 1412

Address Disclosure & Personal Liability for Volunteer Officers

Support

When an owners fails to provide the required notice of their current mailing address, this bill authorizes the association to use the last address provided in writing by the owner. It also extends the current limitation on the personal liability of directors to volunteer officers or directors in mixed use developments when they are a tenant of a residential separate interest or own no more than 2 separate interests and their ownership in the common interest development consists exclusively of residential separate interests.

Author: Holden

Author: Choi Status: Signed by Governor

AB 1426

Uncontested Elections

Support

Would provide an exception to current HOA election requirements when the number of directors running for the board does not exceed the number of available positions. Provides procedures to ensure that members may run for the board, and to declare the election uncontested.

Author: Irwin Status: In Assembly Housing & Community Development .

Two-year bill.

SB 407

Owner Noncommercial Solicitations

Oppose Unless Amended Status: Signed by Governor.

Prevents an association from prohibiting a member or resident from contacting any other owner or resident for the purpose of providing information about a candidate for public office, or for an office within the association, or on any issue that is the subject of a public or association election or pending public or association legislation or rulemaking. Requires associations to permit residents to peacefully assemble for purposes relating to activities, and prohibits the association from requiring a fee, deposit, or liability insurance, or to pay the premium or deductible on the association’s insurance policy to use the association’s common area for these activities.

SB 451

Liability for Harassment

Watch

Would prevent an association from being liable for the harassment of a member by another member where the association’s governing documents do not contain a provision to authorize the association to stop the harassment.

Author: Wieckowski

Author: Stone Status: In Senate Judiciary.

Two-year bill.

SB 721

Deck & Balcony Inspection Requirement

Oppose Unless Amended

Requires an inspection of building assemblies and associated waterproofing elements, including decks and balconies, for buildings with more than a certain number of multifamily dwelling units by a licensed architect, civil or structural engineer, or building inspector or official at certain intervals.

Requires certain notifications. Imposes requirements on boards of directors of common interest development.

Author: Hill Status: In Senate Judiciary.

Two-year bill.

What Do You Think?

Read more about HOA legislation on our website or visit our Facebook page and join the discussion.

On the web: echo-ca.org/hoa-advocacy, On Facebook: facebook.com/echoorg January/February 2018 | ECHO Journal

43