ECHO Journal - September 2017

What You Need To Know About Small Claims Court

Building Community Through Beautification

p.8

p.14

Serving Community Associations

8 Steps To Regain Architectural Control p.18

Is It Time To Retire Your Landscape? p.24

Managing Board Conflict

p.28

September/October 2017 echo-ca.org

Should Your Board Go To Small Claims Court To Recover Funds? p. 8

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news from ECHO

News From ECHO September 2017 Both ECHO and I are entering a new phase in our respective journeys. I am retiring to Sonoma County. And ECHO is now under the leadership of Tyler Coffin, who has been with ECHO for ten years, but brings a next generation perspective and approach to serving Community Associations. ECHO is a terrific organization, with a focused mission and vibrant future. I have been honored to serve as Executive Director for five years, and have enjoyed interacting with many of you. I thank you for your support for ECHO. Best,

Brian Kidney

Dear ECHO Members, I am delighted to introduce myself as the new Executive Director of ECHO. When I joined ECHO a decade ago, I had no idea how much I would come to love and respect this community of volunteers. The opportunity to lead the organization now is humbling and exciting.

I hope to build on 5 years of remarkable work by our outgoing Director, Brian Kidney. Brian lead ECHO with a great deal of skill and care, and I am personally grateful for his contributions and guidance.

Brian and I both believe that ECHO exists to build strong, community-minded homeowner associations. To improve in this critical work, I look forward to expanding ECHO’s online resources and to bringing the ECHO community even closer together: to begin sharing the amazing accomplishments of some of our HOA boards, to find out about your current needs, and to connect our membership so that we can learn from and support each other.

The task of leading an HOA is messy, confusing work. And the struggles that you encounter are why we exist. You, volunteer board members, are the heart of ECHO, and I look forward to continuing my conversations with you. I’m always eager to hear what’s on your mind, so please let me know: tcoffin@echo-ca.org.

Sincerely,

Tyler Coffin Executive Director

September/October 2017 | ECHO Journal

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CONTENTS 8 24 28

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What You Need to Know About Small Claims Court Should your board go to Small Claims Court to recover funds?

It depends on the nature of the dispute. But if you’re headed to Small Claims, you need to know how to file, prepare your claim, and argue the case. Getting it right is important: lost claims are gone forever.

14

Building Community Through Beautification Keeping your association landscaping in tip top shape isn’t easy.

But in one association, occasional community participation in beautification has fostered a sense of pride in the association, creating clean and beautiful grounds while also growing a sense of community.

18

8 Steps to Regain Architectural Control Perhaps past boards have let architectural control slip, and your association has become a patchwork of door colors and window styles. When this happens, how do you begin to enforce longneglected standards? This article offers an 8-step process.

24

Is it Time to Retire Your Landscape?

Are you paying to maintain landscaping that isn’t meeting your expectations? Many associations are preserving landscaping features that are more than 25 years old and at the end of their useful life. Consider whether a replacement might reduce maintenance and irrigation costs and improve property values. Also, adopt a landscape Master Plan to help you plan for the next 25 years, and to maintain consistency through board and management changes.

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Managing Board Conflict This article was written by a manager for managers. But the advice is sound, with insight for boards who want to reduce conflict and to know the role their managers should play.

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

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

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

Copyright 2017 Educational Community for Homeowners. All rights reserved. Reproduction, except by written permission of ECHO is prohibited.

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

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

DEPARTMENTS

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News from ECHO 2017 ECHO Educational Calendar Monterey Seminar — Saturday, October 28th, 2017 ECHO Professional Directory ECHO Volunteers ECHO Event Calendar ECHO Bookstore Advertiser Index Legislation at a Glimpse

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

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Executive Director Tyler Coffin Director of Marketing & Membership Carly Melius Design and Production Design Site ECHO Mission Statement Serving Community Associations

September/October 2017 | ECHO Journal

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2017 ECHO educational calendar

2017 ECHO Educational Seminars If you’ve ever wished that ECHO would hold a seminar closer to your association, chances are that we’ll be nearby during 2017. Don’t miss an opportunity to get the education you need with guidance from some of California’s top HOA attorneys and professionals. Take a look and mark your calendar. We can’t wait to see you there!

Oct. 28 Monterey Educational Seminar (see page 7) Embassy Suites Seaside, CA

Register today!

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By Phone: 408.297.3246 6 echo-ca.org

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What You Need to Know About

Small

Claims Court C

ommunity association Board members frequently ask whether Small Claims Court is an appropriate venue for litigating association disputes, instead of the Civil Superior Courts. There are certain times when small claims court may be appropriate.

Typically, this includes claims against owners for unpaid assessments, fees and/or fines that do not exceed $5,000, which is the limit that an association can recover in small claims court.

By David C. Swedelson, Esq.

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W

hen it comes to assessment collection, we generally recommend Small Claims Court only where the association has already exhausted its other remedies, such as non-judicial foreclosure, and is trying to collect from a former owner who has lost their unit or lot to foreclosure by a senior lienholder/ the bank.

Starting a Small Claims Court Case is Relatively Easy Most, if not all, small claims forms can be completed online or downloaded from on the California Judicial Branch’s website. However, knowing what to allege in the complaint form and how to present the case is not always that easy.

A small claims complaint (form SC-100 for all California Small Claims Courts) requires the association to provide the name(s) and address of the delinquent owner(s) and to briefly describe the nature of the dispute, which typically includes (1) why the owner owes the association money, (2) when the obligation to pay became due, and (3) how the amount was calculated.

Once the association files the case and pays the filing fee, the court will set a trial date. The association then needs to have a process server serve the defendant owner with the complaint and notice of hearing at least 15 days before the trial. The proof of service (form SC-104) must be filed with the court five days in advance of the trial. If a judgment is entered in favor of the association, the association may recover the filing fee and service 10 echo-ca.org

fee. Attorneys can assist community associations in the preparation, filing and service of the small claims lawsuit, and the preparation of a case outline to be used at the trial, along with the organization of the exhibits and other materials in support of the association’s case.

When appearing in small claims court, the association’s representative may be in a position to settle the claim. That person should have settlement authority on behalf of the association (e.g., a board member or manager) and will be encouraged to discuss settlement with the defendant. In fact, the court may have a mediator available to assist with settlement.

If a settlement is reached, be sure to have the court hear and document the terms.

If payments are involved, the court may be willing to continue the trial to a later date to see if the defendant pays per the agreement.

At the trial and when appearing before the Judge or hearing officer, it is important to be prepared with the evidence/trial exhibits and be as clear and concise as possible. The Judge hearing the case will

likely have 20 to 30 cases scheduled that day and a limited time within which to hear them. The Judge will appreciate a party that gets to the point quickly and does not bring in information that is not relevant to the case. Keep in mind that the Judge knows nothing about your case, and you will not have much time to present the association’s case. A few brief statements about who you are, who you represent, what the case is about and why judgment should be entered in favor of the association will give the Judge or hearing officer a thumbnail sketch about what kind of evidence he or she is about to hear and why that evidence is important.

It should be noted that only management or a member of the board of directors has the authority to present the case to the Judge (a homeowner who is not a member of the board of directors does not have such authority).

California Code of Civil Procedure section 116.540(i) authorizes an “agent, management company representative, or bookkeeper” for a community association to appear in small claims court. The person

who will be appearing on behalf of the association will need to fill out form SC-109, which is an Authorization to Appear form and signed declaration under penalty of perjury. Managers should take a copy of the statute to court so that the court will understand that a manager can appear on an association’s behalf.

In presenting the association’s case against the defendant owner (or former owner), the person(s) presenting the association’s case should have the following documents as “evidence” to support the delinquent assessment claim and/or claim for fees or fines:

• The CC&Rs, which grant the association the power to levy and collect assessments and penalties/fees. Bring the entire CC&Rs, and be sure to include the first page showing the recording stamp. You should also tab the sections that deal with assessments, payment and collection for easy reference;

• The association’s collection policy (every California community association is required to have one) if the case is about delinquent assessments; • Letters asking the owner to pay the assessment(s)/penalties/ fines/fees/charges; • An itemized statement of the owner’s account showing the delinquent amounts; • Any other documents related to the association’s prior efforts to collect the delinquent amounts, such as attorney or collection service demand/pre-lien letters, the lien and other collection related documents.

Presenting the association’s case in chronological order will make the most sense to the Judge. Start with a brief

description of the association; tell the Judge where the association is located, how many units or lots are contained within the development, the amount of the monthly assessment or any special assessment and why it was levied, and that the association is governed by a set of CC&Rs which authorize it to charge assessments for the maintenance, repair, and reserves of the association.

Explain to the Judge that under the association’s collection policy (and the Davis-Stirling Common Interest Development Act), an assessment is delinquent if not paid within 15 days of its due date.

You will need to explain that the association is entitled to recover late fees and interest on the delinquent assessments at 12% per Civil Code Section 5650(b)(3) or as provided in the CC&Rs. Be sure to mention to the Judge that when one owner does not pay his or her assessments, the other paying owners are then compelled to make up the deficit added to the maintenance, repair, and reserve obligations.

Next, tell the Judge that the association maintains a statement of account for

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each member (i.e., an account ledger) and provide the same to the judge as an exhibit if the Judge requests. Give the Judge the details on how the account is maintained. For instance, tell the Judge that the payments are received, often directly by the association’s bank, and then imputed into a report that the association uses to keep the statement up to date. Basically, the Judge needs to be able to rely on what the account statement shows as a delinquency. Tell the Judge exactly what is owed, the late fees, and the interest and ask the Judge for judgment in that amount. Explain, if appropriate, that the defendant is no longer an owner having lost their home to their lender through foreclosure.

After you conclude, the defendant will be able to present a defense. Often, the owner will not appear because he or she will have no defense. Owners that have refused to pay because they are unhappy with management or the board likely will appear and argue that they have not paid their assessments because they have not received the services for which they are paying. California cases have held that such an argument is not a good reason to withhold assessment payments. Owners do not have the right to offset their payments because they believe that their association owes them money or is not providing services.

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At the conclusion of the hearing, the Judge may take the matter under submission and rule at a later time or, alternatively, enter a judgment right then and there. If the judgment is in the association’s favor, it can be enforced just like any other money judgment.

Under the law, the judgment is stayed for 30 days, which means it cannot be enforced during that time. The defendant owner has a right during that period to appeal and have a new trial. After 30 days, if there has not been a request for an appeal, the judgment can be recorded (by way of a document that the association will prepare and the court will issue, called an Abstract of Judgment) to create a lien on any property that the owner owns in the county in which the abstract is recorded.

The association can also undertake an execution sale to foreclose on its judgment lien (although this process can be very difficult without legal counsel). The judgment can also be used to levy the owner’s bank accounts or garnish his or her wages. The costs incurred by the association in collecting on its judgment can be recovered from the defendant. It is important to keep in mind, however, that it is often a long and difficult process to collect on a money judgment against delinquent owners who couldn’t even pay their assessments to begin with.

If the Judge rules against the association, there is no opportunity to appeal. However, that does not mean that future assessments are not owed. It only means that the association has not persuaded this Judge in this circumstance. If the judgment is in the association’s favor, the owner may appeal to the Superior Court and request a new trial. In such a case, the association can retain legal counsel to represent it in the trial proceeding.

Small claims court has its advantages.

It is fast and inexpensive. But it is also the “people’s court”, and some small claims court Judges or hearing officers are predisposed to side with the owner.

If the facts are complicated and will take time to present, that may not be the best case to bring in the small claims court.

In many cases, especially when trying to collect against a former owner, the disadvantages are often outweighed by the speed and low cost of this court.

David C. Swedelson, Esq. is a founding principal at Swedelson Gottlieb, serving homeowners associations throughout California. He may be reached at dcs@sghoalaw.com

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Building Community Through Beautification

By Bob Gourley

September/October 2017 | ECHO Journal

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C

ommon interest communities spend a sizeable amount of money year after year on common elements that fall under the classification of Beautification. Everything from grass cutting to flower selection to addition or removal of trees needs to be planned for. Some communities have entire committees dedicated to keeping the grounds of the common area beautiful.

Benefits of beautification efforts include enhanced everyday enjoyment and increased curb appeal to potential buyers. There is little doubt that a community that invests in beautification reaps rewards in many ways.

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How Do You Tell Your Residents About Your Community’s Beautification Efforts?

How can you get them involved in being a part of the ongoing job of keeping the community looking its best? I suggest that you use your condominium newsletter, HOA newsletter, bulletin board, and/ or website to tell the story of the importance of beautification. It is a wonderful opportunity to encourage involvement and build civic pride.

In my community, we hold a Spring Planting Day and also host a small community vegetable garden. Here is a quote I use in the informational flyer every year to help promote involvement:

“Gardens, scholars say, are the first sign of commitment to a community… And by their connection to the land, they are connected to one another.”

– Anne Raver, NY Times Gardening columnist

Not All Communities Allow Residents to Get Involved in Planting Even in communities that encourage involvement, there will be residents who cannot or will not participate in the beautification efforts. I have found that even those that haven’t directly participated have been affected by seeing their neighbors exhibit a certain level of civic pride and involvement in their living space. Maybe they will pick up the stray piece of litter on the property or maybe they will turn the hose on a flower bed that needs a little extra water. The bottom line is that they have become connected to their neighbors by being connected to the land. And as the scholars say, they are showing signs of being committed to their community. Beautification certainly has tangible benefits. As community leaders, we would be foolish to overlook this simple opportunity to make our communities more cohesive. We aren’t just planting gardens; we’re growing communities and cultivating good neighbors.

Bob Gourley, founder of MyEZCondo, has a passion to create “Better Communities Through Better Communication”. Bob produces newsletter and website content material for condominiums and homeowner associations throughout the USA, which may be found at http://myezcondo.com/

July / August 2017 | ECHO Journal

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8 Steps to Regain A

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Architectural Control

By Berding & Weil LLP

September/October 2017 | ECHO Journal

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Once Upon a Time a Beautiful Association Was Born

I

t had rows of houses with gleaming white trim, siding as blue as the sky, sliding doors on the western walls, and picket fences lining the yards—

...but that was seventeen years ago.

Today, that association looks more . . . lived-in. Some houses are still blue, or at least bluish. Others are gray, green, yellow, peach, brown, or indeterminate combinations. The sliding doors have been replaced with French doors on many, but not all, of the lots. Some of the picket fences have fallen down and have not been picked up. Others were replaced with wrought iron fences.

Past boards let architectural control slip, adopting flimsy guidelines, granting many variances and ignoring violations.

Homeowners, including those who recently joined the community, have started to object to haphazard enforcement and the less-than-uniform look of the development. A new board, which shares and is responsive to these concerns, was just elected. Its New Year’s resolution—to regain architectural control. Here’s how:

STEP 1

Notify Your Members/ Seek Their Input While the board is busy planning how to regain architectural control, the members 20 echo-ca.org

are busy planning home improvement projects for the spring. Now is a good time to communicate the board’s concern about prior enforcement of the rules and its intent to re-evaluate architectural policies and enforcement strategies.

The risk in many of these cases is that the member who violates the governing documents will put forth a defense that the board has been lax in enforcing the governing documents and is now singling him or her out. Certainly, such a defense might have merit, if the board were to suddenly decide to start enforcing architectural control, out of the blue, after years of non-enforcement. However, the risk of such a defense succeeding is greatly minimized if the board gives members ample notice that change is on the horizon.

From this point forward, remind your members on a regular basis (e.g., in a newsletter) of the need to submit architectural applications before undertaking alterations to the exteriors of their homes.

Letting your members know that change is in progress should make it easier to implement new policies as they are adopted and offset any impression that the board has engaged in selective enforcement. The chances of securing compliance will also be enhanced if the board or committee seeks input from the membership before new standards and enforcement techniques are adopted.

STEP 2

Adopt Written Architectural Standards The key to architectural control is adopting clear rules and enforcing them consistently. If the board or committee does not have written standards, it is much harder to apply the same standards to each application consistently, particularly as boards and managers change. The standards need not be elaborate; in fact, they can be a simple list of acceptable materials and colors for various improvements. Written standards let your members know in advance, before they start shopping and hiring contractors, what is acceptable in your neighborhood.

Courts will uphold the association’s standards so long as they are not unreasonable, i.e., (a) within the scope of your governing documents; (b) not arbitrary or in violation of public policy, (c) not so burdensome as to dramatically outweigh the benefit to be achieved, and (d) not unreasonable as applied to the community as a whole. For example, if your governing documents require twenty foot set-backs, the board cannot impose a standard that requires fifty foot set-backs—

the standards must be within the scope of the board’s authority as defined by the governing documents. (Sometimes the scope of the board’s authority is not so clear under the governing documents.

If you have questions, consider having the association’s attorney review the standards before problems arise.)

Future standards cannot be newly applied to one property and not to all, nor can they be applied in a way that unlawfully discriminates against a resident on, say, the basis of that resident’s disability. The standards cannot convey little or no benefit to the community when contrasted with the burden they impose.

And last, the standards are to be enforced as applied to the community as a whole, not to how they might or might not impact one individual resident. (Note: federal and/or state law dictates resident-protective rules for individual installations of such things as satellite dishes and antennas, solar energy systems, drought tolerant landscaping, clotheslines, and so on. If you have questions, a good idea would be to have the association’s attorney review the standards before they are approved.)

Similarly, determining how a standard is applied to the community as a whole can be a fuzzy analysis. Often, a question arises when the standards require a specific brand and model of a particular product, e.g., roof tile. A court might find that it is unreasonable for the standards to be so exacting, when some members might be able to find a virtually identical product for less money. To avoid this problem, draft your standards so that they are flexible enough to allow for some variation in members’ tastes and budgets, without compromising the overall goal of architectural harmony.

reviewing old records or interviewing prior directors or committee members.

Where the records are unclear, proving a violation may be difficult and expensive.

Where the violations are longstanding, too much time may have elapsed and a judge might find that the association has “waived” its rights or is “estopped” from pursuing them. In addition, under California law, in general current owners are not responsible for violations attributable to prior owners.

The board should decide which violations are too old to pursue and then consult with the association’s attorney to determine how best to deal with these violations in a way that does not jeopardize the board’s ability to gain control of future violations. Options may include carefully adding a grandfather clause to the new architectural policy, granting variances (sparingly), negotiating an agreement to remove the improvement upon sale of the home, or finding another creative angle to pursue the violation (e.g., failure to maintain).

Regaining control over architectural matters usually will require a board to acknowledge that some longstanding violations cannot be effectively pursued.

In those cases, the board should simply determine that it will not spend time, energy and money on old violations but instead should focus on current and future violations. While it may be unfair to allow some owners to maintain violations while making others conform to new more aggressive enforcement rules and policies, the unfairness will diminish over time and the benefits of taking an active, fair and clear approach to what is acceptable in the community will ultimately serve the association well.

STEP 3

STEP 4

Sift Out The Old Violations

Sift Out The Non-Violations

Walk through your neighborhood and make a list of possible violations. Try to determine whether what now appears to be a violation was actually approved by a prior board; this can be done by

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.

Architectural standards do not apply retroactively. If a prior board or a developer previously approved an application, then it is approved, regardless of whether it meets the association’s standards today.

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STEP 5

Act On The Current Violations The board must comply with the association’s own internal procedures for addressing violations, including providing the owner with notice of the violation and the opportunity to have a hearing before punitive action is taken. In addition, particularly where records are sketchy as to a prior approval of an improvement that has existed for some time, it is generally a good idea to provide the owner with the opportunity to submit an application for retroactive approval of the improvement, in order to fully document the record. In the event that the improvement is retroactively approved, the matter is concluded.

There was a well-known case back in 1986, Ironwood v. Solomon, involving a homeowner who had planted several palm trees in his front yard without applying for architectural approval. After trying unsuccessfully to get the homeowner to

submit an application, the association ultimately filed suit against the owner.

The court found that the association could not prevail unless it demonstrated that it first complied with its own internal procedures and that those procedures were fair. There was no record that the board had ever determined that the trees did not comply with the association’s architectural standards, only that no application had been submitted. To avoid this problem, make sure that the board regularly follows a fair procedure for addressing violations of the architectural standards and documents what has been communicated to the owner, evidence of the violation, conduct of the hearing and other related information.

is obtained (“temporary restraining order”). In addition, the board may wish to have a letter hand-delivered to the member demanding that construction cease at once and spelling out the risks of further construction without approval.

Acting quickly, before the roof (or other expensive improvement) is installed, will save everyone involved time, effort and money.

Sometimes, however, in the interests of time, you must do away with formality.

For example, if a member is in the midst of tearing off his or her old roof and putting on a new roof without architectural approval, the board’s best course of action would be to notify the association’s attorney of the construction immediately. The attorney should be able to advise the board on the costs and benefits of seeking an immediate court order demanding that the member cease construction until architectural approval

Before approving an application, think about whether it makes sense to condition the approval on the owner’s agreement to maintain the improvement. For example, if the association is responsible for maintaining the patios and the owner is installing a new and different material, should the owner be responsible for maintaining the patio? If your answer is yes, then the approval should be conditioned on a maintenance agreement (which should be recorded, to alert future owners). Other issues such as who pays for damage or injury resulting from an installation, who is responsible for removing an improvement when it is time for the association to maintain the area around it, should also be considered and addressed before approval is granted.

STEP 6

Approval

STEP 7

Disapproval When you disapprove an application, state law requires the association to tell the applying member why (and to offer the member “reconsideration” by the

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board if the denial was issued by a separate architectural committee). The denial letter is an opportunity to document the decision-making process, e.g., “the proposed wire mesh fence does not meet the association’s standards which require all fences to be made of redwood or wrought iron.” If a dispute arises, in our experience, judges and arbitrators want to see that the association has adhered to its own procedures and explained to the member why his or her application has been disapproved.

STEP 8

Avoid Variances Save variances for those truly unique situations which justify making an exception to the rule. If you feel you must grant a variance, be sure to have memorialized in the minutes all of the facts that support a finding that it is in the association’s best interest to grant the variance.

Many boards feel trapped by the precedent established by years of non-enforcement. While it is true that such precedent creates obstacles, it is not true that these obstacles are insurmountable. Failing to enforce architectural provisions, exposes directors and their associations to liability based on failure to enforce the governing documents, and leaves a legacy apparent to those who visit the neighborhood that will last for years to come.

Regaining architectural control is a longterm project—but the boards who take charge to regain architectural control reap immediate rewards in liability protection, and long-term rewards by making their neighborhoods more beautiful places to live.

This timeless article was written by attorney Dana S. Marron years ago while an associate at Berding & Weil LLP and has been lightly updated by firm principal and ECHO board member Sandra M. Bonato. Berding & Weil is a longstanding member of ECHO.

September/October 2017 | ECHO Journal

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Is it Time to Retire Your Landscape?

By Cagwin & Dorward

September/October 2017 | ECHO Journal

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A

re you paying for landscape maintenance month after month and wondering why your landscape still is not meeting your expectations? Many view the landscape appearance as a direct reflection of the landscape services, but often this is not the case.

Maybe your landscape has reached the end of its useful life and needs renovation.

The Bay Area experienced a development boom in the 1980’s and 1990’s.

The new construction usually included newly installed landscapes. Many of 26 echo-ca.org

these landscapes are still in place today, with few renovations over the last 25+ years. Just as siding, fences, and other hardscape elements have a lifespan, these landscapes, and the irrigation systems installed at the same time, were never intended to last forever.

Most landscapes will look good for 15 – 25 years, depending on the original plant selection, as well as the quality of the plant installation, the irrigation system, soil health and the maintenance during that same period of time.

Have you ever tried to make a 25 year-old juniper look good?

It is impossible; the plant should be replaced. Tired of paying for endless band-aid irrigation repairs? You will save yourself a headache (and often a lot of water), by investing in a new system.

The good news is there has never been a better time to renovate your landscape.

Landscapers are increasingly good at designing and installing modern land-

scapes that think beyond basic curb appeal to help you reduce water use.

Companies that offer both landscape construction and maintenance departments are well positioned to help you select a low-maintenance plant palate and irrigation system that will be cost effective over the next 15 -25 years.

Is a complete landscape renovation not in your budget at this time? Your landscape contractor can work with you to develop a landscape master plan.

The plan reflects your preferences, goals and budget, and is a useful tool for phased renovation projects, or maintaining a cohesive look as HOA Boards or property managers change.

Cagwin & Dorward is a landscape provider that specializes in homeowner associations and provides service throughout Northern California. They may be found at: www.cagwin.com

CREATING A MASTER PLAN A

Master Plan creates a vision for your landscape, and is used as a guide that reflects your preferences, goals and budget.

Master Plans are useful for longrange planning and maintaining consistency through leadership and management changes.

MASTER PLAN GOALS The Master Plan can be comprehensive, or simple and inexpensive. Digital imaging, conceptual planting plans and plant palettes, help visualize the potential of your landscape.

TURF AREAS

BUDGETING Budget pricing prior to, and in conjunction with plans and design concepts should align with your budget goals.

SUSTAINABLE APPROACH Bay-Friendly guidelines, or other sustainable approaches, can be recommended for the design, installation and maintenance of the property. A horticulturist or sustainability manager is a great resource.

Turf can be reduced in areas not used for recreation.

Replacing turf with low water-use plants and drip irrigation can provide visual interest and reduce water use by up to 70%.

WATER-WISE

RETURN ON INVESTMENT (ROI)

FERTIGATION

Often, upgrades to the landscape and irrigation systems deliver a return on the investment. Savings in water, landscape maintenance and rebates can pay an ROI in as little as 2 years.

MASTER PLANNING The Master Plan may include the following elements to help ensure a uniform and attractive plan for your landscape:

Water-efficient solutions should be recommended at all steps in the process from the plant palette, to renovating the irrigation system.

Automatic fertilizer application through an irrigation system reduces labor, provides a means to apply organic pest control, reduces water-use and creates healthier soil biology through the use of bio-stimulants.

Collaboration with the project stakeholders to create a plan that will guide the renovation and maintenance of your landscape is a must. The suggested improvements can be implemented right away, or as phased-projects over many years.

September/October 2017 | ECHO Journal

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I know it’s a shock, but, there’s a lot of conflict

in community

management.

28 echo-ca.org

MANAGING BOARD CONFLICT

By Julie Adamen

This article was written by a manager for managers. But the advice is sound, with insight for boards who want to reduce conflict and to know the role their managers should play.

September/October 2017 | ECHO Journal

29

S

ome of the most difficult, from a manager's point of view, are those which arise between Board members.

Conflict can be very stressful, particularly when the members try to pull the manager in to long-standing disputes.

Some you can help, but the vast majority of Board conflict is not only rife with danger for the average manager, but can't be solved by them anyway.

Conflict You Should See Coming (and Can Help Resolve) Board Members Don’t Understand Their Role(s) Most folks have no idea what is in store for them when they join a Board of Directors; and they sure don't know what is expected of them, unless someone provides that information. It’s either going to be the manager, a veteran member of the Board, or both. If the Board is savvy, they will require some sort of Board Orientation take place every year, right after the Election of Directors. Orientation gives everyone some knowledge of how the Board operates, how the chain of command works and which office does what.

Lack Of Information As the manager, this is right in your bailiwick: You are the provider and purveyor of information for all things association, communicating early, often and with a smile. Give those Board members the information they need to be 30 echo-ca.org

comfortable with their role (and yours).

Good managers know immediately when there’s missing information, so there's no excuse not to address the uninformed Board member and their concerns right up front and avoid the conflict that will be inevitable otherwise.

The above are likely the only scenarios where the manager can actually mitigate conflict. The other sources of conflict that arise between Board members due to personalities, competing agendas, etc., are issues usually unsolvable due to their personal nature; thus, the only thing you can manage is the stress that conflict induces on a long-term basis. By taking this tack, you manage your mental health, your job, and the account around the conflict.

Short-Term Conflict Management Short-term political conflicts usually consist of issues that Board members

can resolve themselves because the issue is negotiable and the members accommodating. For example, two members of the Board may put their name in for the office of President. The vote is close, but Mark wins out over Kellie. Kellie is very unhappy with the election results. Mark immediately nominates her to become Vice President, negotiating with Kellie by throwing his support behind her for the # 2 slot. She accepts and is a party to the negotiation. The Board votes Kellie in, accepting the negotiation and moves forward. Managers are wise to keep quiet and let these types of situations play out.

Managing Long-Term Board Conflict Long-term conflict between Board members is simply a fact of life. If you are going to survive and manage within these environments, here are some key things to remember:

Remain Impartial You can be empathetic to the conflict, but resist—with a smile—being dragged in to it and on one side or the other.

Taking sides in any conflict where you are the expendable person (i.e., you are an employee) has danger written all over it.

Listen Attentively But Not Too Long If one party to a conflict calls you or drops by your office to complain about the other person, listen politely and attentively, but always find a reason to cut it short. Listening for too long can give the impression that you are sympathetic to their cause and thus on their side.

September/October 2017 | ECHO Journal

31

If the board member persists, firmly but politely decline the invitation to participate. What to say? Think the language of politics and diplomacy: "I see both points of view, and I like both of you, so I am hopeful you can work things out and we can move forward together. I have no opinion on this matter."

Use A Professional Mediator If your community has the budget for occasional experts (and are big thinkers) this is a great way to go: an impartial third party, skilled in dispute resolution, that isn't you. Excellent.

Are You The Cause Of The Conflict?

32 echo-ca.org

If you are the source, or perceived to be the source, of conflict, examine why that is and change your behavior with regard to the issue. Or, go to your executive and ask for help and be honest about your involvement. Sometimes, your relationship with a community has simply run its course. Again, you are the expendable party and when it comes down to you or a homeowner who lives there.

Should a Manager Become Involved In Conflict?

Anytime a Board member knowingly or unknowingly poses risk to themselves or the association the manager should attempt to inform the Board of the risks.

This can be dicey on a good day and dangerous on a bad day. Provide the information in a professional and unbiased manner and allow the Board to come to their own conclusions.

So, What’s Your Job?

1 To Keep The Account For Your Company And

2 To Manage It In A Professional Manner.

These two points are all that matter.

The daily conflicts or long-term conflicts between Board members are just a part of human nature and, as a result, a part of your job. The interplay of board politics and personalities do make our work very interesting. Know that resolving conflict is only some times within your abilities or your purview. For the most part you need to manage around Board conflict as best you can by remaining impartial and resisting every impulse to get involved.

Remember: It’s Their Life And Their Community Conflicts will come and Board members will, eventually, move on. The job of professional administrators is to go the distance with the community and for companies. To do that, we need to avoid the mine fields wherever we can and insert ourselves only when it’s appropriate and when odds are it will have a positive outcome for all involved.

Julie Adamen is president of Adamen Inc., a consulting, education and employment firm specializing in the community management industry. Julie can be reached via email at julie@adamen-inc.com or through her website www.adamen-inc.com.

September/October 2017 | ECHO Journal

33

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.

Yes, reserve ______spaces for the ECHO San Rafael Seminar Amount enclosed: $______(attach additional names) ADDRESS

Name:

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

Email Address: HOA or Firm: Address: City: State:

PRICE 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

34 echo-ca.org

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

ECHO Professional Directory

Need Expert Help? Check Out ECHO’s Directory All of our Professional ECHO Members specialize in services for HOAs. Choose from more than 250 companies in over 50 categories including: 73 MANAGEMENT COMPANIES 30 ATTORNEYS 21 ACCOUNTING FIRMS VISIT THE PROFESSIONAL DIRECTORY ON THE ECHO WEBSITE!

www.echo-ca.org

Accountants/CPAs Animal Control Services Arbitrators & Mediators Architects/Architectural review Asphalt Repair & Paving Assessment Collection Services

Attorneys Banking Services Community Association Consulting Concrete Products & Services Concrete Repair Construction Manage- ment Consultants Consulting Electrical Services Fencing Gates & Doors Financial Services Fire Alarms Fire Sprinklers General Contractors Gutters Insurance Services Janitorial & Cleaning Services

Landscape Design Services Landscape Maintenance Leak Detection Maintenance & Repairs Management Company Services Masonry Other Paint Manufacturer & Consultant Painting Contractors Pest Control Services Plumbing & Boiler Repairs Pool Maintenance & Services Pool Repair & Resurfacing Services

Power Washing & Steam Cleaning Reserve Study Firms Restoration & Remediation Services Retaining Walls Roofing Contractors Roofing Products Security Services & Systems Sprinkler Repair Towing & Parking Services Tree Services Utility Auditors Water Conservation Water Management & Services Waterproofing Window

September/October 2017 | ECHO Journal

35

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

July/August 2016 Joel W. Meskin, Esq., CIRMS Victoria Cohen Mary Anne Sayler Richard Tippett Tom Fier, 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 Judy O’Shaughnessy 408-839-6926 North Bay Panel Kevin Boland 415 898-4370 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

September/October 2016 Sandra L. Gottlieb, Esq. David Swedelson, Esq. Sharon Glenn Pratt, Esq. Glenn H. Youngling, Esq. Berding | Weil Rich Ellenson November/December 2016 Joe Winkler, CMCA Clint McClure, CCAM Cameron Day, Esq. Julie M. Mouser, Esq. Adrian Adams, Esq. Wayne Louvier, Esq. January/February 2017 Sandra L. Gottlieb, Esq., CCAL Burt Dean Cameron Day, Esq. Jo Pope David Levy, MBA, CPA 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

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

Sept 7, 11:45 a.m.

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

Denise Wolford, CCAM 415-458-3537

Insurance

Sept 12, 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

Sept 21, 11:45 a.m.

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

Pam Marsh 415-686-9342

Painting

Oct 11, 11:30 a.m.

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

Tyler Coffin 408-297-3246 x4

TBD

Oct 13, 11:30 a.m.

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

Ann Marquis-Fisher amarquisfisher@yahoo.com

TBD

Nov 2, 11:45 a.m.

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

Denise Wolford, CCAM 415-458-3537

Special Assessments & FHA Updates

Nov 14, 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

Nov 16, 11:45 a.m.

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

Pam Marsh 415-686-9342

Legal Update

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

September/October 2017 | 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.

Home and Condo Defects Member Price: $12.95 Non-Member Price: $17.95 Construction defect litigation can be confusing, expensive and fraught with legal pitfalls. This eye-opening guide, written by accomplished construction-defect attorneys, is an essential tool for board members who need to understand the legal process.

38 echo-ca.org

2017 Condominium Greenbook Member Price: Non-Member Price:

$17.00 $25.00

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

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

Board Member Handbook Member Price: Non-Member Price:

$15.00 $25.00

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

Revised and updated in June 2012.

Construction Defect Claims Member Price: Non-Member Price:

$19.95 $25.00

New buildings can conceal extensive faults.

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

Condominium Bluebook 2017 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.

2017 BOOKS

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

SUBTOTAL CALIFORNIA SALES TAX (Add 8.75%) TOTAL AMOUNT

Yes! Place my order for the items above.

Check

Visa

MasterCard

Credit Card Number Exp. Date

Signature

Name (please print) Association (or company) Email Address City

State

Zip

Daytime Telephone

September/October 2017 | ECHO Journal

39

directory updates

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

New Professional Members Bartlett Tree Experts 15015 Los Gatos Blvd. A Los Gatos, CA 95032 Contact: Frank Bombardier Tel: (408) 358.7888

Elliot Katzovitz Insurance, Inc. 5657 Wishire Blvd. Suite 340 Los Angeles. CA 90036 Contact: Elliot Katzovitz Tel: (310) 945.3000

Bay Area Tree Specialists 541 W. Capitol Expy #287 San Jose, CA 95136 Contact: Mark Pappakostas Tel: (408) 836.9147

California Stone Coating, Inc. 37909 Von Euw Common Fremont, CA 94536 Contact: Adeline Farrer Tel: (510) 284.2554

Broadband Agreements by MFC 4178 Arenzano Way El Dorado Hills, CA 95762 Contact: Morgan Fussell Tel: (916) 939.5026

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

To learn more, visit our membership page at www.echo-ca.org 40 echo-ca.org

advertiser index

about ECHO

WHAT IS ECHO? Ace Property Management..................22 www.acepm.net

Eugene Burger Management Co.........11 www.ebmc.com

Affirmative Management Services.....33 www.thehoamanager.com

Heritage Bank of Commerce. .............33 www.HeritageBankofCommerce.com

Applied Reserve Analysis....................21 www.appliedreserveanalysis.com

Levy, Erlanger & Company..................17 www.hoa-cpa.com

Barcode Automation, inc. ...................13 www.Barcode-Automation.com

PML Management................................31 www.pmlmanagement.com

Benjamin Moore Paint & Company...........................................23 www.benjaminmoore.com

R.E. Broocker Co...................................32 www.rebroockerco.com

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

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

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

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

Cornerstone Community Management.........................................23 www.cornerstonemgt.biz

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

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

How Do You Join ECHO?

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

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

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

August2014 2013 || ECHO ECHO Journal Journal February Sept/Oct 2017 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.

For the most up-to-date information, visit the HOA Advocacy section at the ECHO website: www.echo-ca.org/hoa-advocacy

Current Legislation Bill Information

Summary

AB 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 690

Document Charges & Manager Conflicts of Interest

Watch

If a management company is contracted to facilitate the delivery of documents, this bill would require 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.

Author: Gallagher

Author: Quirk-Silva Status: Signed by Governor

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: Chen Status: In Assembly Appropriations. Held in Committee

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

AB 797

Solar Thermal Systems

Watch

Makes changes concerning a specified program to promote the installation of solar water heating systems in homes, businesses, and buildings or facilities of eligible customer classes receiving natural gas service.

Author: Irwin Status: In Senate Appropriations.

To Suspense File

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

42 echo-ca.org

legislation at a glimpse

Current Legislation (continued) Bill Information

Summary

AB 1239

Building Standards for Electric Vehicle Charging

Watch Status: In Senate Appropriations

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 Status: To Senate Consent Calendar

When an owners fails to provide the required notice of their current mailing address, this bill would authorize the association to use the last address provided in writing by the owner. It would also extend 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.

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: Holden

Author: Choi

Author: Irwin Status: In Assembly Housing & Community Development

SB 407

Owner Noncommercial Solicitations

Oppose Unless Amended Status: Passed Assembly.

To Senate for Concurrence

Would prevent 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. The would also require associations to permit residents to peacefully assemble for purposes relating to activities, and would prohibit 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.

Not Heard

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

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 September/October 2017 | ECHO Journal

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