Common Assessment – April, May, June 2014

Common SUMMER 2014

The professional provider of education, advocacy and resources for Community Associations

The Evolution

of

HOA s

Low on water, HIGH ON BEAUTY page 10 THE FHA impact page 16 Animals in HOA Cs O Mpage M O N 20 ASSESSMENT

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PAGE 28

Features

Departments

6 A New Frontier for Community Associations: Electric Vehicle Charging Stations

4

President’s Message

BY JASON PAYNE

BY JODI A. KONORTI, ESQ.

10

Low on Water, High on Beauty

BY MARLENE ARREDONDO & MIKE SCORSONE

16

The FHA Impact

BY LAURA V. KWIATKOWSKI, ESQ.

20

Animals in HOAs

BY KENNETH H. DILLINGHAM, JR., ESQ.

28

Under Surveillance

BY SUSAN FAKHOURI, CMCA, AMS, PCAM

31

Creating a Community Garden

BY TIMOTHY P. FLANAGAN, ESQ.

34

The Rise of Electronic Cigarettes: To Smoke or Not to Smoke

BY KYLE KRUGER

Good HOA Board Members

Find us on Facebook!

Don’t forget to “like” CAI San Diego!

14 New and Renewing Members

24 NewsStand 30

Marketing Plan Member Spotlight: Pacific Western Painting

Back 2014 Marketing Plan Members Cover

Chapter News 2

Craft Beer Night

13

March 8 Essentials Sponsors

25

March 4 Trade Show

26

Past Presidents’ Lunch

30

33

37

Reverse Trade Show

37

CAI Gives Back

Morning Program Sponsors March 28 CID Law Sponsors

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Common

President’s Message Rolling with the Changes

I

t’s hard to believe that we are more than half way through 2014. During this whirlwind of

a year, the San Diego Chapter has managed to grow to its membership numbers higher than we’ve seen in years. This is a direct result of our Membership Committee continuing to recruit new homeowners, managers and business partners.

Additionally, our Education Committee continues

Jason Payne has been a member of the CAI San Diego Chapter since 2007 serving on the Membership, Marketing/ PR and Monte Carlo Committees. Jason is currently the 2014 Chapter President.

to put together a great slate of speakers and programs month after month.

Our magazine committee has done a tremendous job of preparing some interesting articles on electric vehicle charging, service animals,

electronic cigarettes and more.

As time and people continually change, so do the HOAs you manage.

That’s why CAI San Diego will always be at the forefront of education for community managers.

Rest assured, as HOAs continue to evolve, CAI will too. We will continue to assists our members in establishing and operating successful association

EXECUTIVE COMMITTEE JASON PAYNE....................................................... PRESIDENT Payne Pest Management BRUCE ROSENBLATT............ PRESIDENT-ELECT/TREASURER Manager KARINA TATUM.............................................VICE PRESIDENT Complex Realty BECKY GROENEWOLD, PCAM............................. SECRETARY PCM - Professional Community Management DIRECTORS BRIAN BLACKWELL....................... West Coast Management Firm KRISTINE GAITAN........................................................ Homeowner ELAINE GOWER........................................................... Homeowner JOANNA LABAHN-CORNETT.....................LaBahn’s Landscaping LAURIE S. POOLE, ESQ................................... Peters & Freedman SHANNON SMITH..................................... Reconstruction Experts LOUISE STETTLER..........................Epsten Grinnell & Howell, APC

CHAPTER EXECUTIVE DIRECTOR BARBARA OZENBAUGH, CMP, CAE 619-299-1376 EDITOR IN CHIEF AND NEW & RENEWING ADVERTISING SALES BARBARA OZENBAUGH, CMP, CAE 619-299-1376, barbara@cai-sd.org DESIGN & PRODUCTION KRISTINE GAITAN REY ADVERTISING & DESIGN / THE CREATIVE DEPT. 760-746-8700 MAGAZINE EDITORIAL COMMITTEE LAURIE S. POOLE, ESQ. (CHAIR)......... Peters & Freedman, LLP BRIAN KALMENSON.....Michael Abdou Insurance Agency, Inc. ELAINE GOWER............................................ Naumann Law Firm JEFF FRENCH......................................... Green, Bryant & French JEFF MORIN............... Global Disposal Reduction Services, Inc. JODI KONORTI........................... Epsten, Grinell & Howell, APC LAURI CROCE..................................... Law Office of Lauri Croce LUCAS SISNEROZ................................................. N.N. Jaeschke MELODIE NICKELL....................................Walters Management SUSAN FAKHOURI..........................................................Manager YVETTE HUFFMAN............................DC Property Management RACHEL WILLIAMS.....................................Brad Stoner Painting SANDY WEBSTER-SHYKO.................................... N.N. Jaeschke LAUREN MOLNAR.................................. Reconstruction Experts

communities while providing a national forum for discussing key issues in the association field.

I would like to thank you for being part of one of the finest chapters in the country and look forward to seeing you at our next CAI event!

All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Common Assessment Magazine or the Community Associations Institute – San Diego Chapter.

Information contained within should not be construed as a recommendation for any course of action regarding financial, legal, accounting or other professional services and should not be relied upon without the consultation of your accountant or attorney.

Common Assessment Magazine is the official quarterly publication of the San Diego Chapter of the Community Associations Institute. CAI San Diego Chapter encourages submission of news and articles subject to space limitation and editing. Signed letters to the editor are welcome. All articles submitted for publication become the property of CAI San Diego Chapter. Reproduction of articles or columns published permitted with the following acknowledgement: “Reprinted with permission from Common Assessment Magazine, a publication of the Community Associations Institute San Diego Chapter.” © 2014 CAI - San Diego Chapter

ADVERTISING & CORRESPONDENCE SHOULD BE SENT TO: Common Assessment Magazine CAI - San Diego Chapter 1081 Camino del Rio South, Suite 109, San Diego, CA 92108 619-299-1376 / fax 619-299-1377 / www.cai-sd.org

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COMMON ASSESSMENT MAGAZINE

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SUMMER 2014

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A New Frontier for Community Associations ELECTRIC VEHICLE CHARGING STATIONS

by Jodi A. Konorti, Esq.

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COMMON ASSESSMENT MAGAZINE

G

iven the handful of articles already published on

parking spaces in public parking lots and garages equipped

Civil Code § 4745, which governs an owner’s and

with electric vehicle charging stations. The number of public

community association’s rights and obligations

parking spaces equipped with electric vehicle charging

related to owner-installed electric vehicle charging stations,

stations in San Diego, and beyond, is quickly rising to

this article will take a different approach and shift the focus

accommodate the increasing number of electric vehicles

from Civil Code § 4745 requirements to an alternative electric

on the roads. It is estimated that approximately two million

vehicle charging station option for community associations

electric vehicles navigated U.S. roads in 2012. The rapid

in San Diego to consider. That is, the idea that an association

increase in electric vehicle ownership is no surprise given

may proactively contract with an electric vehicle charging

ballooning gas prices, advances in electric vehicle technology

station provider for the installation of stations throughout

(i.e., more efficient and compact designs, longer-lasting

the community. Upon the request of an owner, a station is

lithium-ion batteries), the fact almost all major automakers

installed by the provider (not the owner).

have, or will soon have, an electric vehicle model on the road,

By now you’ve all probably seen them… specially-marked

and the penchant of the California legislature to promote and Continued on page 8

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owner is for an association to be

A NEW FRONTIER

The owner generally must become

Continued from page 7

proactive and pre-empt the need for

a subscriber to the provider’s services.

encourage the use of electric vehicles

owners to request independently-

The electricity costs to charge the

in this state. These elements, coupled

installed stations. This is done by the

vehicle are paid for by the owner.

with the notion that the increasing

association contracting with an electric

These types of programs are akin

number of electric vehicle drivers

vehicle station provider to install a

to a bulk cable contract for an

inevitably need to park their car at

station in the common area or in an

association: A provider offers electric

home at some point begs the question:

owner’s assigned parking space, upon

vehicle charging station services to

Where can a condominium owner park

the request of an owner. The owner

all requesting owners. If an owner

their electric vehicle at the end of the

then becomes a subscriber to the

would like an electric vehicle charging

day?

station provider.

station and electric vehicle service,

The answer is premised on

What’s notable about this

they contract with the company and

California Civil Code § 4745, which

alternative option is there are various

the company provides and installs

addresses the installation, use and

station providers offering subsidized

the necessary equipment. From

maintenance of electric vehicle

stations, i.e., at little to no cost to

the programs reviewed to date,

charging stations in common interest

the association. Some providers

the programs do not appear to be

developments. Section 4745 outlines

even provide for maintenance of the

exclusive, meaning an owner can still

the requirements and conditions of

equipment at their cost. The basic

independently purchase and install

an owner’s independent installation

set-up is as follows: The community

their own electric vehicle station if they

of an electric vehicle charging station

association contracts with a company

wish, subject to the requirements in

on association property, including but

to install a certain number of stations

Civil Code § 4745.

not limited to, association review and

in common area or in requesting

approval requirements, contractor

owners’ parking spaces. The number

of program is (i) consistency in

license requirements, maintenance and

and location of stations will depend

installation, (ii) transfer of risk related

insurance obligations and electricity

on the parking infrastructure, the

to installation and maintenance,

and repair cost obligations.

space available and electrical capacity,

(iii) lessened architectural review

among other things. Once the

obligations for the association

vehicles on the road translates into a

association has contracted with the

because the acceptable location, size

growing number of owner-requests

electric vehicle station provider, upon

and design of the stations is already

to install electric vehicle charging

the request of an owner, the company

determined by the provider, (iv) low

stations. This is especially true in urban

may provide a charging station, and

or no cost to the association, and (v)

areas. An alternative to leaving the

in some cases, install the station and

less responsibility on the owners to

request and installation of electric

related equipment at the desired/

maintain and repair the electric vehicle

vehicle stations in the hands of each

appropriate location.

stations (although owners remain

The growing number of electric

The benefit of utilizing this type

NRG/eVgo has a “Make-Readies” program and is available to electrify at least 10,000 parking spaces (public and private) within specific areas, including the San Diego Gas and Electric territory.

Whether this program is available to a specific community association depends on the location of the community and existing infrastructure, among other items. The program is four-years long (with the possibility of a one or two year extension), and the program just completed its first year in December 2013.

ChargePoint is another company that provides electric vehicle charging stations to qualified community associations. ChargePoint won a competitive bidding process to help provide over 200 charging stations in multi-dwelling locations in San Diego. Its efforts are backed by the Energy Commission. ChargePoint also operates an expansive network of stations throughout the United States.

Please note, there may be other companies offering similar services to community associations. Please ensure you always check references and fully research any company before retaining them for electric vehicle charging station services.

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COMMON ASSESSMENT MAGAZINE

responsible for damage caused to the electric vehicle charging stations).

Although implementing this type of program will limit an owner’s obligations under Civil Code § 4745 (since the electric vehicle charging station company will assume some of the obligations, such as installation and maintenance), community associations with subsidized electric vehicle charging station programs should nevertheless adopt rules relating to the stations. Such rules could outline the procedures to request an electric vehicle station from the provider, any architectural approval procedures, subscriber obligations, the responsibility for insurance and electricity costs, and the responsibility for damage repairs.

In conclusion, there are a handful of companies in southern California offering these electric vehicle charging station services. The companies range from providing free or lowcost stations with the community association and owners covering all other costs, including installation, maintenance and subscriber costs, to companies that provide free stations and infrastructure, as well as pay for the installation and maintenance costs.

In the end, a community association that voluntarily and proactively offers its owners attractive and varied electric

take that to the bank.

vehicle options is likely more appealing to potential buyers than a community next door that doesn’t. For this

Brendan Concannon Regional Account Executive 619-961-6346 Toll Free 866-800-4656, ext. 7480 brendan.concannon@mutualofomahabank.com

reason, this type of program is worth consideration. Before implementing this type of program, research what is available in your location, as there may be several options available.

Jodi A. Konorti, Esq., is an Associate Attorney at Epsten Grinnell & Howell, APC, attorneys with offices in San Diego, the Inland Empire, and Coachella Valley.

mutualofomahabank.com AFN45863_0813

Member FDIC Equal Housing Lender

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Low on Water, High on B

“R

educe water usage!” This statement can

How does this affect San Diego homeowners

be heard quite often in the community

associations? When a community has made the decision to

association industry and yet, many

replace current landscape with drought tolerant material, it

beautiful landscapes still require a great

is important to develop a landscape plan. The plan should

amount of water to flourish. How can communities keep the

take into consideration the site conditions, such as soil type,

desired landscape beauty while simultaneously reducing

intended use of the area, and grouping of plant material

water usage?

based on watering needs.

All in the Design

Rethink Your Plant Palette

It may not be visible to some, but landscape design is

With many drought tolerant varieties of plant material

ever-changing. This becomes especially apparent when we

becoming popular due to our changing weather conditions,

consider preservation of earth’s resources and environment.

there has never been a better time for communities to start

Drought tolerant plant material has become a recent trend in

rethinking their plant palettes.

California. Rising water costs and current drought concerns have created an interest in replacing existing landscape material with water saving alternatives like drought tolerant plant material and artificial turf.

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Don’t Drought Tolerant Plants Look Dull & Sparse?

Many people expect drought tolerant landscape to be

Beauty

Water Restrictions & Changing Landscape Trends

by Marlene Arredondo & Mike Scorsone

like the desert – dry and sparse. While there are beautiful

blooms with small yellow flowers and grows

“desertscapes” in California, the climate of San Diego

well in areas with poor soil content, but will not

County provides a variety of ways to create lush, colorful

grow taller than two feet.

and tolerant landscape. Selecting a diverse plant palette and

• Carissa Natal Plum ‘Green Carpet’ can be recognized

using proper plant placement will assist in creating a scenic

by its dark green leaves and white pinwheel flowers.

landscape.

This fast growing plant will tolerate salt spray and is

When selecting a plant palette, the foliage color, texture, size and shape should all be taken into consideration.

best purchased as one gallon in greater numbers.

• A wonderful California native, Ceanothus griseus

Choosing plants that have different blooming seasons will

horizontalis is known for its shiny, textured leaves and

help create bursts of color throughout the year.

long lived blue flowers. It is a great plant for coastal gardens where it is exposed to strong winds and salt

What Types of Plants are Considered Drought Tolerant?

Depending on your community, one or more of the plant varieties below may be suitable for your landscape:

• Acacia ‘Desert Carpet’ is great for any slopes

spray, but also works well in coastal valleys.

• The evergreen plant Cistus Rockrose tolerates salty ocean winds, poor soil conditions and heavy desert heat. Recognized for its large, brightly colored flowers and a light green leaf, this plant flowers from spring Continued on page 12

that may exist within your community. This plant COMMON ASSESSMENT MAGAZINE

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LOW ON WATER, HIGH ON BEAUTY

landscape material with a new plant

Continued from page 11

palette. It is surprising how established

Bird of Paradise, Philodendron and

in the materials and techniques used

can also be renovated to fit your

other tropical material will survive in

for drip irrigation. Landscape gardeners

maturing landscape.

drought conditions. Depending on the

are more aware than ever of the

location, many of these plants will use

importance of this natural resource,

growing, ground covering plant

the same water requirements as plants

and how the efficient usage and

that blooms blue, giving off

native to California.

management of water can assist plant

the familiar rosemary smell most enjoy. Take caution when planting this plant as it tends to be a favorite of the bees and may not be appropriate around tot lots or home entryways.

• Rosemary ‘Tuscan Blue’ is a familiar, upright type of plant with a long lasting blue flower.

Commonly used in cooking, many communities use Rosemary around dog stations to help with the odor.

• Tecoma capensis, ‘Cape Honeysuckle,’ has a tubular orange shaped flower and can bloom almost all year long depending on your zone.

This plant is a favorite with hummingbirds and has little to no known pest issues.

Consider incorporating some of

your community’s current tropical 12

Advancements are still being made

into summer. Cistus Rockrose

• Rosemary Prostrate is the low

wind carry, and soil erosion.

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material growth.

Get the Most Out of Your Irrigation System Your irrigation system is the

Lush Lawns: A Thing of the Past?

foundation of your landscape. There

The biggest water offender in

are several new and resourceful ways

landscaped areas will always be turf

to reduce water usage with this water

grass. Everyone loves a green lush

delivery system. Using the correct

lawn, yet that is quickly becoming

nozzles and screens to regulate output

a thing of the past. Residents and

is the easiest and most cost efficient

managers may want to consider

way to reduce water usage. If new

how useful the turf areas are in their

heads are being installed and nozzles

communities. Leaving large useful

are not being changed, chances are

turf areas and eliminating small mow

water is being wasted due to runoff.

strips is a great start. If the turf area

Drip irrigation is quickly becoming

is generally used for specific activities

the standard irrigation method for

such as playing ball or picnicking,

many applications. Drip irrigation

then it can be seen as an asset to

admits water only where it is needed,

the community. Other, non-essential

which can provide communities with

turf areas may be considered for

significant water savings. Using this

renovation.

localized method of watering instead

Removing turf grass and replacing

of overhead spray heads means there

it with synthetic turf is growing

is less chance of run-off, evaporation,

in popularity. This is attributed to

COMMON ASSESSMENT MAGAZINE

recent advancement in technologies and increased awareness of its benefits. The reduced water use and maintenance are the greatest benefits that communities may see. One other

Putting the

“doggie spots.”

unity in

Removal Rebates

community

benefit would be no more unsightly

Get the most out of turf removal.

Exploring sites like SoCal Water Smart’s www.socalwatersmart.com can get you a rebate of $1.00 or more per square foot when you replace turf with California Friendly™ landscape.

Replacing water-intensive plant material with water-saving landscape not only assists with water bill savings

At Walters Management, we believe in creating partnerships with the communities we serve by facilitating open communication and transparency in every aspect of our business.

and reduces landscape maintenance costs, but also shows the community you care about earth’s precious resources.

your community our commitment SAN DIEGO

Mike Scorsone is Artistic Maintenance, Inc.’s Branch Manager of Operations for San Diego County.

•

C H U L A V I S TA

•

CARLSBAD

[800] 227- 6225

•

M U R R I E TA

waltersmanagement.com

dediCated

Marlene Arredondo is the VP of Sales and Marketing at Artistic Maintenance, Inc., a landscape maintenance and construction company serving Southern California.

Our experts understand the needs of community associations.

We can FinanCe your essential projects, including: • Building Repairs

Thank You to Our Essentials Class Sponsors March 8, 2014 Morning Session Brad L. Stoner Painting, Inc. JW Cleaning & Restoration

• Improvement Projects We offer state-of-the-art LoCk Box and CasH ManageMent services, as well as a full array of other depository services.

ContaCt: Larry Hooper, Vice President 714-864-5171 Toll free: 800-233-7164 LHooper@bpop.com www.associationbankers.com

Afternoon Session JW Cleaning & Restoration ©2012 A Division of Banco Popular North America. Member FDIC.

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New & Renewing Members Welcome new chapter members!! Thank you to our chapter members that have renewed their CAI membership. We appreciate your continued support and participation in our chapter.

NEW MEMBERS 360 Community Management....................... 3/14 California Safety Agency................................ 3/14 CiraConnect.................................................... 3/14 Cox Communications..................................... 1/14 Kirk Miller Insurance Agency......................... 3/14 RoofLIFE Management, Inc........................... 1/14 Blostin, Steve.................................................. 2/14 Breedlove, Natasha........................................ 2/14 Colpitts, David................................................ 2/14 Dawson, Robyn.................................................2014 Dmytrenko, Vlady........................................... 2/14 Douglas, Monique.......................................... 3/14 Duponte Nalani.............................................. 2/14

RENEWING MEMBERS 4-Points Management Agency........................2004 Access Professional Systems, Inc....................2013 Aegerter, CMCA, AMS, Alan...........................2006 Afkhami, CCAM, PCAM, Sabrina....................2006 Agricultural Pest Control..................................2002 Albert, Mark.......................................................1983 AlliedBarton Security Services, Inc..................2009 Andrade, Iris......................................................2013 Animal Pest Management Services, Inc.........2008 Antimite Termite and Pest Control.................2012 ARK Management.............................................2010 Association Capital Bank, a Division of Texas Capital Bank....................2011 Association Reserves San Diego, LLC............2008 Associations Insurance Agency, Inc................2009 Aztec Tree Service.............................................2012 Baker, CMCA, Deborah....................................2005 Bald Eagle Security Services, Inc....................2009 BELFOR Property Restoration.........................2013 Beneventi, John................................................1992 Bice, CMCA, AMS, Jerry..................................2007 Brennan, CMCA, Nicholas...............................2009 Brewster, CMCA, AMS, PCAM, Kelley............2009 Brinks Services, Inc............................................2006 Brothwick, Robert..............................................2013 Brustkern, CMCA, Sheila..................................2006 Burns, Gloria......................................................2013 Buzzell, Sue........................................................1979 Camp, Becky......................................................2013 Camp, CCAM, Katy..........................................2008 Casselman, Steven............................................2010 Cavanaugh, Richard..........................................1992 CertaPro Painters, Ltd......................................2003 Champagne, Dorothy.......................................2009 Chavez, Marina..................................................2013 Christian, Susan.................................................2010 CINC Systems....................................................2008 Clark Pest Control.............................................1996 Coobatis, CMCA, Maureen.............................2009 Croft, Ken...........................................................1979 Curtis Management Company, Inc.................1984 Demoranville, David.........................................2013 Design Build Associates...................................2007 Dillingham & Associates .................................2009 Dolnick, Sam......................................................1990 Donaldson, Robert............................................1992 Durst, Ann..........................................................1983 Elliot Katzovitz Insurance Agency...................1999 Emercon Construction, Inc..............................2013 EmpireWorks Reconstruction and Painting...2004 Feist, Vetter, Knauf & Loy.................................1978 Fennell, CMCA, Robin......................................2009 First Citizens Bank.............................................2011 14

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Garcia, Martha................................................ 3/14 Gerner, Jennifer.............................................. 3/14 Hickman, David............................................... 2/14 Kanan, Linda................................................... 2/14 Konstanzer , Arlyn........................................... 2/14 Layman, Nancy................................................ 2/14 Mae, Michael.................................................. 3/14 Mchutchinson, Michelle................................. 2/14 McLaughlin, Therese...................................... 3/14 McMillen, Joe................................................. 3/14 Miller, Floyd..................................................... 2/14 Niles, Walter.................................................... 2/14 Pedraza, Jesus................................................ 1/14 Peterson, Keith............................................... 2/14

Phillips, Ted..................................................... 3/14 Quinn, Terrence.............................................. 2/14 Senske, Jessica............................................... 1/14 Short, Josette.................................................. 1/14 Suarez, Margot................................................ 3/14 Tanjuakio, Katrinia.......................................... 1/14 Thompson, Frank............................................ 2/14 Tillmond, Rita.................................................. 3/14 Tracy, Margaret............................................... 3/14 Ward, Jessica.................................................. 2/14 Whitmore, Maureen....................................... 2/14 Zajaceskowski, Alicia...................................... 3/14

Fortmueller, Sharon..........................................2011 Global Disposal Reduction Services, Inc........2008 Golden State Reserves Studies, LLC..............2013 Goldstein, CMCA, Kami...................................2013 Gonzales, Christine...........................................2013 Graham, CCAM, CMCA, AMS, PCAM, Lori....2006 Graviss, CMCA, AMS, Tara..............................2012 Green Bryant & French, LLP............................2005 GRG Management, Inc....................................2013 Griffiths, CMCA, AMS, Deborah.....................2006 Groenewold, CMCA, AMS, PCAM, Rebecca...2005 GuardTop, LLC..................................................2013 Halliday, Heidi....................................................2007 Haney Accountants, Inc....................................2009 Heaviland Enterprises, Inc...............................2011 Hill, CCAM, CMCA, Linda K............................2007 HOA Elections of California, Inc.....................2006 Hudson, Melanie...............................................2010 Interiors: By Design...........................................1996 Isaacson, CCAM, CMCA, AMS, PCAM, Lisa...2007 Ivey Engineering, Inc........................................2012 Johnson, Glen...................................................2013 Kepler, Chester..................................................2010 Kerl, Don............................................................2012 Kiel, Bill...............................................................1979 Kim, CCAM, CMCA, AMS, Jamie...................2007 Kindig, Pamela..................................................2010 Klima CMCA, AMS, Nadya..............................2006 Korody, Amber..................................................2006 Kownacki, CMCA, Joel.....................................2013 Kriger Law Firm.................................................1984 Landsystems......................................................2002 Lang, CMCA, AMS, Tracy.................................2009 LeBlanc, CMCA, AMS, John............................2010 Levine, CMCA, Aaron.......................................2013 Liese, CMCA, AMS, Janice..............................2006 Lindley, Erin........................................................2013 Lindsay Management Services........................2012 Lloyd, Alicia........................................................1999 Lloyd Pest Control............................................2006 Lutz, Mike...........................................................2006 Mary Minnier, CPA............................................2007 Mays, Traci.........................................................2010 McClure, CMCA, AMS, Clint...........................2006 McKearn, Sharon...............................................1979 McMurray, CMCA, AMS, PCAM, Shannon....2008 McNamara, Patrick............................................1992 Medley, Karen....................................................2009 Mercer, Christina...............................................2012 MeterNet...........................................................2011 Michaels, Donald..............................................2006 Miraglio , Rosemarie.........................................2010 Morgan Stanley Smith Barney.........................1996

Morning View Associates, LLC........................2006 Morrisey, CMCA, Patrick..................................2009 Murphy, Haley....................................................2013 Murrey, CMCA, McKenzie................................2006 Nelson Paving/Goldstar Asphalt.....................2008 Nevarez, CMCA, AMS, Jimmy........................2013 Nickell, Melodie................................................2013 OCBS, Inc...........................................................2006 Osborn, Jim.......................................................2009 Pacific Rim Property Management, AAMC....2011 Patstone, Jennifer.............................................2013 PCM of California, Inc., CMF...........................1989 Penzes, PCAM, Peter........................................2005 Pernicano Realty Management Company.....1997 Personal Touch Cleaning & Maintenance, Inc....2012 Peterson, Thomas.............................................2013 Petrekova, Rita...................................................2012 Platt, Tina...........................................................2013 Popular Association Banking...........................2005 Private Security..................................................2013 R&D Pest Services, Inc......................................2009 Rayco, Inc...........................................................2013 Raymundo, Christian........................................2013 Rice, Louella.......................................................2010 Roy Palacios Insurance Agency, Inc................2005 Runsvold, Erik....................................................2013 S.H.E. Manages Properties .............................2005 San Diego Roof Doctor....................................2011 Sandoval, CMCA, AMS, Asael.........................2006 Seelig, Melanie..................................................2013 Servpro Industries.............................................2010 Sheldon, Andrew...............................................2013 Shipp, CMCA, AMS, Cori.................................2006 Simone, Tom......................................................1979 Smith, Shelley....................................................1983 Stanley, CMCA, AMS, Nina..............................2010 Steven Segal Insurance Agency, Inc...............2003 Stewart, PCAM, William...................................2005 The Forestry Group Tree Care Services.........2012 The Naumann Law Firm, PC............................2012 Transpacific Management Service..................2012 TruGreen LandCare..........................................2002 ValleyCrest Landscape Maintenance .............2011 Vellios, Gerie......................................................2005 Villa Park Landscape.........................................2006 Vista Paint Corporation....................................1991 Vongphosy, Annie.............................................2013 Wagner, CCAM, CMCA, Janet........................2006 Zumbahlen, Michael.........................................1999

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The FHA Impact Do Evolving FHA Certification Requirements Have An Effect On The Marketability And Governance Of Properties In Condominium Developments?

By Laura V. Kwiatkowski, Esq.

16

SUMMER 2014 | COMMON ASSESSMENT MAGAZINE

I

n order to address the impact that the Federal Housing

for the agency to provide its backing. For condominium

Administration’s (FHA) certification requirements have

communities, this is known as “FHA Certification.” Currently,

on condominium developments, we must first start with

an FHA certification for a condominium project is good for

the purpose and role of the FHA. Created in 1934, the FHA’s purpose is to provide

only two years.

FHA minimum eligibility requirements can impact

mortgage insurance on loans made by approved lenders

condominium projects in a significant way. For example, in

throughout the United States. In 1965, the FHA became part

order for a project to be FHA certified, the FHA requires,

of the U.S. Department of Housing and Urban Development

among other things, that at least 50% of the total units in

(“HUD”). The FHA insures certain mortgages on single

the project be owner occupied or sold to owners who intend

family homes, multifamily homes (namely condominiums)

to occupy the units. Also, condominium projects which allow

and even manufactured homes. FHA mortgage insurance is

short term rentals (typically, less than 30 days) and time

designed to protect approved lenders from financial losses

share projects are not eligible for FHA Certification. Another

due to defaults. An FHA-backed loan typically allows buyers

FHA minimum eligibility requirement provides that no more

to purchase a home with a smaller down payment than

than 15% of the total units in the condominium project can

most conventional loans. An FHA-backed loan might also

be more than 60 days past due in paying assessments. The

have a lower interest rate. However, the FHA establishes

current 60 day provision is effective until August 31, 2014

certain minimum eligibility guidelines which must be met

unless otherwise extended by the FHA. Some argue that in today’s market, unless a condominium project has an FHA Certification, sellers are disadvantaged by a smaller pool of potential buyers. They contend that the lack of an FHA Certification could mean fewer sales and a possible decrease in property values within the condominium association. These concerns lead owners to place pressure on their associations’ boards of directors to address the issue. Owners may want to alter their governing documents to meet FHA minimum requirements. This, however, is no simple task.

A common rental restriction sought by owners to meet the FHA’s minimum requirements is a cap on the number of rentals within the community in an attempt to ensure that at least 50% of the units are owner-occupied as required for FHA certification.

This means amending the CC&Rs with the required approval of the membership. Further, under California Civil Code §4740, an owner may not be subject to a rental restriction which became effective on or after January 1, 2012, unless it was in effect at the time the owner purchased his or her unit or the owner voluntarily agrees to be bound by the rental restriction.

Communities with rentals in excess of the cap may have to wait until the rentals’ owners sell their units to see the positive effects of the cap.

Owners must disclose rental restrictions to potential purchasers. This, in turn, could also reduce the pool of potential purchasers. Investor-owners Continued on page 18

COMMON ASSESSMENT MAGAZINE

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SUMMER 2014

17

THE FHA IMPACT

condominium project approval

Continued from page 17

guideline changes and is effective

would be dissuaded from purchasing.

until August 31, 2014 unless otherwise

Even prospective owners who

extended by the FHA.

plan on occupying the unit at the

Specializing In

Water Management For Condominiums Since 1991

“willfully” provide false, fictitious,

about buying: what if their personal

or fraudulent attestations in the

circumstances change and they are

certification may be subject to a

limited in the future from renting their

fine of up to one million dollars

unit?

and/or up to 30 years in prison. In

Consider also that condominium

addition, any person who signs the

associations have little control over

certification may also be exposed

the number of delinquencies in their

to monetary civil liability to HUD

community. While the association

if HUD sustains damages from the

HOA

does have the ability to move forward

person’s actions. Even attorneys are

25%

with the lien process or to initiate

not immune to potential liability or

legal action, the association does not

sanctions. Attorneys who violate

have the ability to stop owners from

these obligations may be disbarred.

falling more than 60 days behind in

As a result, community managers,

their assessments. This is particularly

board members or attorneys might

true when delinquencies are driven

understandably be concerned with

by a poor economy and high

their own potential liability in signing

unemployment.

such a certification.

Wa

ter

s!

y

Goodbye T

o

Sa

Average Savings of

Hog

Reduce Water Usage • Water meter systems, reading, billing & collections

Lastly, the HUD Condominium

are constantly evolving. Associations

(as modified by HUD’s Mortgagee

should always check with their own

Letter 2012-18) currently requires,

legal counsel to verify the most

among other things, that the person

current FHA certification requirements

who submits the application for FHA

prior to deciding on proposed CC&R

Certification must also sign and submit

amendments and whether or not

a Project Certification document. The

to seek FHA Certification or FHA

person signing the Project Certification

Recertification.

document certifies that to the best

How condominium communities

information and statements contained

will respond to FHA certification

in the application are true and correct,

requirements is an evolving process

they have reviewed the application and

based on the varied perspectives of

it meets all current FHA condominium

the association’s board of directors

approval requirements, and they

and the members living within the

have no knowledge of circumstances

community.

or conditions that might have an adverse effect on the project. Some

• Locates costly leaks

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of their knowledge or belief the

examples of such circumstances

• Individuals pay only for their use

FHA certification requirements

Project Approval and Processing Guide

• Maintains lower monthly dues

18

Persons who “knowingly” or

time of purchase might think twice

Project Certification document include, but are not limited to, “. . . defects in construction; substantial operations issues; or litigation, mediation or arbitration issues.” The current FHA Project Certification language was implemented as part of temporary

COMMON ASSESSMENT MAGAZINE

Laura V. Kwiatkowski, Esq. is the owner of the Law Office of Laura Kwiatkowski. The firm has specialized in the representation of common interest developments for over twenty years.

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19

Service Assistance Emotional Support or Companion?

W

ANIM

hat’s the difference between a service animal

However, the FHA is applicable and covers virtually all

and an emotional support animal? Not much,

types of housing, including community

when it comes to having to allow them in

associations, with a few limited

community associations!

exceptions. And, the FHA’s

Consider this scenario: Sally Director receives a

definition of an “assistance

complaint from a resident that a neighbor just moved in

animal” is much broader

with a dog and a bird. A big bird, like a parrot or something.

than the ADA’s.

The complaining party doesn’t have any specifics, but says

So, you can take the

that they had experience years ago with a bird, and birds

exact same scenario

are loud and messy, and they don’t want to live next door

described above, delete

to another one. Sally Director agrees, having been horribly

the word “bird,” and insert

attacked by birds as a child, and since the community

the word “cat,” “dog,”

has a one-pet only restriction, she goes to Marc Manager,

“snake,” or “spider.” Under

and says send a violation letter to Bird Man because birds

the FHA regulations,

aren’t allowed in the community. In response, Bird Man says

the types of permitted

he needs the bird to calm him from his debilitating PTSD

assistance animals are

anxiety attacks.

not limited to dogs.

Can You Get Rid of the Bird?

Sure, you think to yourself, my attorney told me that the Americans with Disabilities Act (ADA) was changed recently so that only trained dogs can be service animals. I can get rid of the bird!

Unfortunately, the answer may be “no.” Under certain circumstances you can’t flip out over the bird, and may have to allow it.

Just like other areas of association governance, there are many laws that apply to animals in community associations.

We’re focusing on one such law here: the Fair Housing Act. The FHA applies to community associations and requires reasonable accommodations in rules and policies to accommodate persons with disabilities.

While it is true that the ADA provisions regarding service animals were changed in 2011 to refer to trained dogs, the ADA is generally not applicable to community associations (because most associations are not places of “public accommodations” or open to the public).

20

SUMMER 2014

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COMMON ASSESSMENT MAGAZINE

Also, names don’t matter. Under the provisions of the FHA, it

MALS IN HOAs

By Kenneth H. Dillingham, Jr., Esq.

doesn’t’ matter whether you call them service animals,

alleviates one or more identified symptoms or effects of a

companion animals, emotional support animals, therapy

person’s disability.”

animals, or working animals. If the animal is there to serve the individual’s disability, it is not a “pet,” and is subject to the FHA’s reasonable accommodation requirement in rules enforcement.

Examples given of such assistance animals include guiding blind individuals, alerting deaf individuals to sounds, providing protection and rescue assistance, pulling wheelchairs, fetching items, providing seizure alerts, or providing emotional support to persons with disabilities who

The following is taken directly from an April 25, 2013, notice produced by the U.S. Department of Housing and Urban Development:

have a disability-related need for such support.

And, while dogs are the most common type of assistance animal, the HUD Notice states that other animals can also be assistance animals.

Finally, for purposes of reasonable accommodation

“An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that

requests under the FHA, there is no requirement that any such animal be individually trained or certified. Even a pound rescue animal can qualify!

So, when faced with the bird, what can you do? Just as with any other disability-related request for reasonable accommodations in rules enforcement, there’s generally only two questions you can ask: (a) Does the person seeking to use and live with the animal have a disability – meaning a physical or mental impairment that substantially limits one or more major life activity? And, you can only ask this if the disability is not obvious or otherwise known to you! (b) Does the person making the request have a disabilityrelated need for an assistance animal? Specifically, does the animal “…work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person’s existing disability.”

If the answers to both questions are “yes,” you likely need to allow the assistance animal.

You can deny a reasonable accommodation request; but do so at your own peril! The HUD Continued on page 22

COMMON ASSESSMENT MAGAZINE

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21

Also, beware about questioning a disability, even when

ANIMALS IN HOAS Continued from page 21

given a reasonable accommodation request. If the person’s

Notice provides four acceptable reasons for denial: 1.

disability is not readily apparent or already known by you,

Accommodating the request would impose an undue

you can ask for reliable documentation of a disability and

financial and administrative burden.

their disability-related need for an assistance animal. If the

2. Accommodating the request would fundamentally alter the nature of the housing provider’s services.

3. The specific assistance animal in question poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation.

person’s disability is readily apparent, you can’t ask. Also, you can’t ask for access to, or copies of, medical records or physician’s names for detailed or extensive information or documentation of a disability.

Just as with any other disability-related request for reasonable accommodation, a request for an assistance

4. The specific assistance animal in question would

animal cannot be unreasonably denied, and you cannot

cause substantial physical damage to the property

require additional fees, deposits or other prerequisites before

of others that cannot be reduced or eliminated by

allowing the assistance animal. Nor can your response to

another reasonable accommodation.

any reasonable accommodation request be unreasonably

Note that direct threats of harm or damage cannot be

delayed. If you do so, any resident who believes they have

based on breed, size or weight. Nor can speculation or fear

been discriminated against may file a complaint with the

be used to justify any denial. Any denial must be based

California Department of Fair Employment and Housing or

on looking at the specific animal in question and must use

the federal Department of Housing and Urban Development.

objective evidence about that animal’s actual conduct.

Then, you’re in trouble!

For example, let’s use an aggressive breed that’s been in the news lately, a pit bull terrier. You cannot use the fear of attacks by pit bulls to justify denying an accommodation to a disabled person’s request to keep their assistance pit

Ken Dillingham is an attorney with Dillingham & Associates, working with homeowner association communities since 1986.

bull. You have to look at the disabled person’s individual pit bull and make your determination based on that objective observation.

Some “Cans” and “Cannots” in Service Animal Investigations When faced with an animal violation what cannot be asked?

• CANNOT ask if there is a disability.

• CANNOT ask about the nature or severity of the disability.

• CANNOT ask anything if the disability is obvious or already known, and • CANNOT ask if the need for the requested accommodation is readily apparent or known.

• CANNOT ask for a pet deposit or fee.

If someone says they have a disability and need an animal, what can I ask?

• CAN ask for information to verify the disability (if it’s not obvious or known).

• CAN ask how the animal addresses the disability (if it’s not obvious or known).

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SUMMER 2014

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COMMON ASSESSMENT MAGAZINE

What types of information can I require?

• Verbal assurances from the requestor.

• Doctor or other medical professional note.

• Note from peer support group or non-medical service agency (think AA or hypnotherapist).

• Note from reliable third party, someone who’s in a position to know about the disability (think commanding officer).

Only get the minimum; you can’t get detailed medical records. Once you’ve established a disability, limit your requests to only the information necessary to evaluate the animal request. Keep all information confidential, unless told otherwise.

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SUMMER 2014

23

NewsStand NEWS FROM CAI NATIONAL

CAI Recognizes Almost 80 Exemplary Board Members Close to 80 community association board members from 20 states and Washington, D.C.—all of them homeowners

protect property values and meet the established expectations of their fellow residents. It’s a challenging, demanding, time-consuming responsibility, but they do it— often year after year.”

who lead their communities as volunteers—have been recognized as part of Community Association Leader Appreciation Month.

Sponsored by Community Associations Institute (CAI), the observance coincides with National Volunteer Month in April.

An estimated 1.7 million Americans serve on boards that govern more than 328,000 homeowners associations, condominiums, cooperatives and other planned communities across the country. These volunteers are typically elected by their homeowner neighbors, some serving year after year after year. Collectively, community association board members contribute time valued at almost $1.5 billion to their communities every year.

The board members honored by CAI were recommended by residents, fellow board members or managers in their communities.

“Imagine volunteers contributing more than 66 million hours of their personal time annually to serve their neighbors and communities,” said CAI Chief Executive Officer Thomas M. Skiba. “The board members recognized by CAI symbolize the commitment of time, energy and expertise provided by literally hundreds of thousands of association volunteers.

While many are supported by community managers and other professionals, board members are ultimately responsible for the well-being of their communities.”

“These leaders and other homeowner volunteers dedicate themselves to building and sustaining their communities,” Skiba says. “They develop and meet budgets, ensure that services are provided, hire and supervise service providers, plan and oversee capital improvement projects, coordinate association activities and so much more.

“But what they really do—what’s most important to homeowners in every community association,” Skiba add, “is preserve the nature and character of their communities, 24

SUMMER 2014

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COMMON ASSESSMENT MAGAZINE

San Diego County HOA Board Members Recognized Include: Nick Anastasopoulos Community Association of Bernardo Heights San Diego, CA

Norm Halus Shadowridge Owners’ Association Vista, CA

Donald Lopez Ocean Hills Country Club Oceanside, CA

Teene Miller Shadowridge Owners’ Association Vista, CA

Ed Philbrick San Elijo Hills Community Association San Marcos, CA

Don Renfro Liberty Station Community Association San Diego, CA

Angela Takemoto Ocean Hills Country Club Oceanside, CA

Doug Weihe Rolling Hills Ranch Community Association Chula Vista, CA

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25

Past Presidents’ Luncheon

Pictured from left to right, seated: Barbara Ozenbaugh, Executive Director, Marie Donovan, Jason Payne, Louise Stettler and Marc Poland.

Pictured from left to right, standing: Jon Epsten, Esq.,, Mike Packard, Cyndi Koester, PCAM, Joel Kriger, Esq., Willie Payne, Pat Sullivan, Kieran Purcell, Esq., Rick Salpietra, Esq. and Len Sonnenberg.

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SUMMER 2014

27

UNDER SURVEILLANCE

UNDER SURV EILLANC E

Using Surveillance Cameras to Capture Criminal Activity

By Susan Fakhouri, CMCA, AMS, PCAM

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SUMMER 2014

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COMMON ASSESSMENT MAGAZINE

A

ssociations generally

factors. Monitoring cameras must

activity has occurred on the property,

are required to maintain

be placed in common areas and the

concerned homeowners often times

the common area. This

association must post signs to indicate

will request to place their own lighting

includes making needed

the presence of these cameras. Most

and/or monitoring devices within

repairs to prevent injuries and to

importantly, the cameras must be

their exclusive use areas. In this case,

prevent potential liability. But what

functioning to prevent a false sense

the board should adopt architectural

if property loss, injury, or even death

of protection by homeowners. A

guidelines to include lighting and

occurs because of an unforeseeable

camera placement by the individual

event? In this case, the unforeseeable

homeowners, especially if past

event is a horrible crime. It is crucial that the board consult with the association’s insurance agent and legal counsel for coverage information and potential liability relating to criminal activity.

Certain criminal activity is on the rise. According to Bert Gines, Security Guard Trainer, with Security First in El Cajon, California, “Since marijuana dispensaries are now everywhere, organized crime has increased dramatically and drug dealers have gone back to burglarizing homes to sell stolen items and to committing robberies for money.”

Additionally Mr. Gines notes, “Criminals like to target community association residents because they typically do not have large dogs or security alarm systems like single family homeowners do. The criminals will often canvass the property

More and more associations are now budgeting for surveillance camera usage in the common area.

beforehand and they work in teams. homeowner may think they do not

burglary ends up as a home invasion.”

need to protect themselves further

Perhaps in response to rising

More and more associations are now budgeting for surveillance camera usage in the common area. Since this budgeted line item is not considered a necessity, board members and homeowners may be in disagreement as to how much should be allocated to monitoring the association. Therefore, it is important that the board understand the monitoring company’s role and what the association is paying for and communicate these facts to the homeowners.

If associations have neighborhood watch program, all volunteers should have background checks prior to involvement, and the board must regularly check on the activities performed. Due to recent issues concerning the operation of neighborhood watch programs in community associations, consult with legal counsel before organizing such a

Sometimes what was supposed to be a

crime, more and more associations

problems exist.

because of a visible camera.

The association should adopt

committee.

Associations cannot guarantee security, so residents must be aware of their surroundings at all

are installing surveillance cameras in

a policy for who can view the

time. Any unusual activity must

their communities. It is important to

surveillance camera footage, such

be communicated to the board,

note that surveillance or monitoring

as the board of directors, or the

community manager, or in some cases

cameras do not prevent crime; these

management company. Associations

to the proper authorities.

cameras do not discriminate and are

should also consider the privacy rights

used to record before, during, and

that are reasonably expected by

after a criminal activity takes place.

members.

Consequently, the surveillance footage

Also, criminals tend to commit

may be used to assist in arresting and

crimes in poorly lit areas; therefore, it

convicting perpetrators.

is the board’s duty to protect residents

Associations considering installing cameras need to consider certain

Susan Fakhouri, CMCA, AMS, PCAM, is the owner of Today’s HOA Consulting and Business Services.

by making sure the common area has sufficient lighting. If prior criminal COMMON ASSESSMENT MAGAZINE

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29

FOCUS

Thank You to Our 2014 Reverse Trade Show Sponsors American Geotechnical Arborwell AV Builder Corp Bald Eagle Security Services Black Diamond Paving CertaPro Painters Dunn-Edwards Corporation Empire Works Painting and Re-Construction Four Seasons Tree Care LaBahn’s Lanscaping Landcare Logic New Way Landscape & Tree Services Pacific Backflow Co., Inc. Pacific Green Landscape, Inc. Pacific Western Painting, Inc. Payne Pest Management Popular Association Banking Premier Roofing CA, Inc. PrimeCo Painting Rayco Inc. Reconstruction Experts RSI Roofing Silldorf & Levine, LLP The Termite Guy Western Towing

30

SUMMER 2014

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CAI-SAN DIEGO GOLD MARKETING PLAN MEMBER

PacWest Painting has been San Diego’s trusted painting company for the past 9 years. Our team at PacWest Painting gives clients and potential customers the satisfaction they deserve with a reputation built around accountability and dedication. PacWest Painting provides interior/exterior painting and wood repair of residential and commercial properties.

From large scale multi-family community projects to cabinetry and interior finishes, we offer a list of services that are affordable and sustainable. With testimonials from entrepreneurs, HOAs, and corporations, we stand behind our work and guarantee a stress free painting project experience.

How does the company instill a sense of team/camaraderie?

Working as a family, no individual is above the team. Keeping each other accountable on the jobsite.

How long have you been a CAI member?

PacWest Painting has been a member of CAI for the past 4 years.

Please share the value that you receive from being a CAI member.

Communicating, networking and sharing with other industry professionals and seeing what homeowners and management companies are looking for in a painting contractor.

What is the most memorable moment or highlight for the Company?

Painting the iconic “HOLLYWOOD” sign in Los Angeles, CA. What advice would you would give to board members, community managers and industry professionals?

When selecting a painting contractor or any other service professional, pay close attention to which company gives the best customer service to the community and the management company.

You are not their only client, but you should feel that way.

What is your top 5 forecast for the San Diego CID industry over the next 10 years?

Needed capital improvements vs. collected association dues will become more of a manageable battle then the war it has been for so long. The housing market has been making a slow but steady comeback since the crash that led to a rapid decline in home prices and record numbers of foreclosures and under water mortgages. We will again see more and more new CID construction over the next few years with the positive changes taking place in housing supply and demand. More than ever homeowners are seeking education and industry expertise which will only continue to strengthen the relationship between communities and quality service providers in the coming years.

Thank you to Pacific Western Painting for their ongoing support of CAI San Diego as a Gold Marketing Plan sponsor for 2014.

COMMON ASSESSMENT MAGAZINE

CREATING A

Community Garden C

BY TIMOTHY P. FLANAGAN, ESQ.

ommunity gardens have

a canyon and out of sight. However, the

increased in popularity over the

board was still concerned about access

past several years as people

to the garden and placing the garden too

have become more aware of

close to the units because of the potential

the positive economic and

increase in foot traffic.

environmental impact of locally grown

After locating a place for garden, it

produce. Plus, they are also a good way to

is recommended that your association

get outside, meet your neighbors and have

contact its legal counsel to review potential

fun. This growing trend has now begun to

legal issues that may arise. These issues

surface in community associations in San

include who may use the garden, rules of

Diego.

use, potential permitting issues, safety, and

Genesee Highlands Community Association, located in the University City

liability concerns.

The community garden at Genesee

neighborhood in San Diego, is one of

Highlands was designed to hold ten

these communities. The board president at

individual plots to be used by ten owners.

Genesee Highlands said that the board had

Initially twenty-five owners applied for a

been entertaining the idea of a community

plot in the garden, so in order to determine

garden, but was not sure how to implement

who could use the garden, the HOA

it.

implemented a lottery system to assign The first hurdle was locating a spot in

the ten available plots. The lottery drawing

the common area to place the community

was conducted during a board meeting

garden. Although community gardens

as an open and fair method of selecting

can be created in all shapes and sizes,

the owners. As a side benefit, the lottery

many communities do not have much

increased community participation. The

land to spare. Also, some owners may find

board had never seen so many people

community gardens to be unsightly, thus it

attend a regular board meeting.

may be desirable to place the garden in an

The people who were chosen were

inconspicuous place. These were not issues

granted a two-year temporary, non-

at Genesee Highlands, where the common

transferable, “right to use� the garden

area is quite large with much of it abutting

and had to sign a contract which outlined Continued on page 32

COMMON ASSESSMENT MAGAZINE | SUMMER 2014

31

ssl_CAI_0210:Layout 1

1/19/10

10:23 AM

Page 1

Improving more than just your property.

CREATING A COMMUNITY GARDEN Continued from page 31

their limited right to use the garden.

A written contract is important for both planned unit developments and condominium associations to ensure

S TEVEN S MITH

that the association retains control over the common area and to define the

L ANDSCAPE I NC .

terms of use.

Additionally, the gardeners had to sign a release and waiver of liability, and had to agree to abide by the community garden rules. These rules included what can and cannot be grown in the garden, what tools may be used, hours the garden was open,

From installation to maintenance, Steven Smith Landscape Inc. provides every landscape need.

Specializing in HOA landscape maintenance, we improve curb appeal and enhance your overall HOA experience. In partnership with management and the Association, we bring clear, concise communication, quick response and project satisfaction.

gardening etiquette, cleaning up and storage of tools and other gardening equipment.

Finally, the board needs to be aware

For your larger landscape needs, our full service construction division can meet your needs.

Our reference list includes Poway Unified School District, City of Escondido, City of Santee, City of San Marcos and U.C.S.D.

of potential costs of constructing and

Call Today For A Professional Proposal

may need to be fenced off to designate

760/745.9916

Lic No. 456160

maintaining the garden. For example, the land may need to be cleared, and its use as a garden. Also, the garden and gardeners will need to have access to water and possibly a place to store gardening tools. These costs can be absorbed by the community gardeners themselves through an annual usage fee.

The bottom line is that a community garden can be a successful and fun endeavor for a community association, and may create a deeper sense of community and environmental awareness.

Timothy P. Flanagan is an associate attorney with Green, Bryant & French, LLP. Green Bryant & French, LLP represents community associations throughout Southern California.

32

SUMMER 2014

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COMMON ASSESSMENT MAGAZINE

Effective General Counsel

Successful Assessment Collection • • • •

Timely Status Reports Responsive Paralegals Collectibility Analysis Judicial or Non-Judicial Foreclosures • Money Judgment Lawsuits • Small Claims Assistance • Post Judgment Recovery

• • • • • • •

ADA & DEFH Compliance Amendments to CC&Rs & Bylaws Architectural Matters Contracts & Insurance Elections & Recalls Employment Law Legal Opinions San Diego: 760.529.5211 • Fax 760.453.2194 Orange County: 949 322 6838 • Fax 949 766 4712 www.AttorneyforHOA.com

THANK YOU TO OUR FEBRUARY MORNING PROGRAM SPONSORS

HOA Banking Solutions Cash Management Solutions · HOA Loans · Innovative Lockbox Processing Capabilities Online Access and Research · Multiple Payment Options

Carlsbad Morning Program Epsten Grinnell & Howell, APC LaBahn’s Landscaping

Responsive.

Experienced.

Creative.

Pacific Backflow Co., Inc. Pacific Green Landscape, Inc. Pacific Western Painting, Inc. Popular Association Banking Rayco Inc. San Diego Morning Program Bald Eagle Security Services Epsten Grinnell & Howell, APC

Susan Abubo

Pacific Backflow Co., Inc.

HOA Manager | (760) 432-1332 | sabubo@pacificwesternbank.com

Rayco Inc.

900 Canterbury Place, Suite 101 Escondido, CA 92025

Reconstruction Experts Servpro Industries Trip Wilson Insurance Agency

Member

FDIC

pacificwesternbank.com COMMON ASSESSMENT MAGAZINE

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SUMMER 2014

33

The Rise of E-Cigarettes Recently, our management

To Smok

by Kyle Kruger

requested on the issue is 10 pages long

flavoring, and propylene glycol,

company was asked to provide

and has no clear cut solution on how

ingredients that are currently used

input regarding the pros and cons of

to resolve secondhand smoke issues.

in everything from cake frosting to

electronic cigarettes (also referred

First, let’s look at the positive

asthma inhalers, as well as many oral,

to as “e-cigs”). Those outside the

aspects of an electronic cigarette.

topical and injectable medications.

community association industry might

What the mainstream media calls

The user, at his or her discretion, can

wonder “what do electronic vaporizers

electronic “cigarettes” are not

choose to add nicotine to the liquid.

have to do with homeowners

cigarettes at all. They are electronic

According the FDA’s website (www.

associations?” For many years,

vaporizers which atomize latent

fda.gov), some who choose not to add

community associations and managers

moisture from the air to produce

nicotine to the electronic vaporizer find

have been dealing with difficult

water vapor. Sometimes referred

that it has kept them from returning to

situations, discussions, and legal

to as “vaping,” using electronic

cigarettes.

issues associated with secondhand

vaporizers does not necessarily

smoke and cigarette use. Every legal

include nicotine. Instead, they contain

by Adrian J. Adams and published

opinion our management company has

vegetable glycerin, FDA approved

on davis-stirling.com, condominiums

34

SUMMER 2014

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COMMON ASSESSMENT MAGAZINE

According to an article written

Landscape Maintenance & Enhancements Irrigation Maintenance & Installation Water Conservation & Management Turf Management Brush Management Tree Care Management

Commit to working smarter, not harder.

Turn over a new leaf and contact us today. www.PacificGreenLandscape.com

800.439.9962 • 619.390.9962

ke or Not to Smoke

have shared walls, ceilings and floors where cigarette smoke can drift into adjoining units. The annoying odors and carcinogens give associations a solid basis for banning smoking inside units, and many already have done so.

The bi-product of burning cigarettes contains as many as 4,000 chemicals and heavy metals, most of which are known to cause cancer, stroke, heart disease, and many other health issues as well as emitting an offensive odor.

The odor and smoke carry through the air and linger for long periods of time.

Continued on page 36 COMMON ASSESSMENT MAGAZINE

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SUMMER 2014

35

THE RISE OF E-CIGARETTES

held in for a long period of time,

adjoining units or cause harm to

Continued from page 35

100% of the vapor is absorbed by the

neighbors.

user and no vapor is released when

Despite the difference from

the user exhales. Additionally, as a

cigarettes, government entities are

water vapor which evaporates quickly,

result of the lack of the offensive odor

taking steps to prohibit use of e-cigs

and currently, has not been proven

and smoke produced by cigarettes,

in public places. Several cities in San

to contain any harmful chemicals

most users are more likely to use an

Diego County, such as Carlsbad and El

other than nicotine added by the end

electronic vaporizer indoors further

Cajon, have banned the use of e-cigs.

user. The odor does not carry and

minimizing the effect on neighboring

Carlsbad prohibits e-cigs from being

the water vapor does not linger. Any

units. Banning e-cigs may be more

used in places where smoking of pipes,

secondhand vapor has a very limited

difficult to justify since they are

cigars and cigarettes are banned by

chance of traveling into another unit

not a fire hazard and their vapors

federal, state and local law. According

before evaporating. If inhaled and

may not create detectible odors in

to documentation provided to the

Electronic vaporizers produce a

Carlsbad City Council in support of the ban, the reasons for banning the devices include concern that the use of

Associated Professional Services The Management Alternative

Providing cost-effective, efficient Accounting Services for: • Self-Managed Homeowners associations • Associations Employing an On-Site Manager • Portfolio Managers

Call Neal Chazin

(619) 299-6899

e-cigs in locations where other types of cigarettes, pipes and cigars are prohibited could cause confusion and uncertainty and make it more difficult to enforce bans on smoking. Other reasons are health concerns, the desire to promote a smoke-free environment and concerns that e-cigs may serve as an introduction to smoking to younger consumers due to the added colors and candy-like flavoring.

As with any new product, additional

Sonnenberg & Company, CPAs A Professional Corporation

5190 Governor Drive #201 San Diego, CA 92122 Phone: (858) 457-5252 Fax: (858) 457-2211

Specializing in Community Associations for 40 years

testing is needed and further research will define the future of the e-cig industry. However, for now, associations will need to research the issue and determine whether e-cigs are a safer, inoffensive alternative that will cause less resident complaints than cigarettes.

We have performed over 8,000 audits/reviews and 6,000 reserve studies, working with almost 100 management companies throughout California.

•

Audits, Reviews & Compilations - Per the AICPA Audit & Accounting Guide for CIRAs. Each audit is supplemented by a Financial Advisory Letter for the Board and Management.

•

Tax - Forms 1120/1120H, 100, 199 - Our goal is to prepare the return that provides the lowest tax with minimal risk.

•

Reserve Cost Studies and Updates - Including three possible funding plans, a 30-year projection and budgetary recommendations, with a simplified summary page suitable for mailing to homeowners.

www.sonnenbergcpas.com 36

SUMMER 2014

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COMMON ASSESSMENT MAGAZINE

Kyle Kruger is a community manager at Lindsay Management.

CAI Gives Back!

Help CAI as we team up with Feeding America to bring meals to needy San Diego families!

On Saturday, July 12,

Organized by CAI-San Diego’s Marketing/Public Relations

2014 from 9:00 am

committee, CAI members, family and friends will gather

- 12:00 pm members

at Feeding America’s warehouse to sort, clean, bag and

of CAI San Diego will

box food before it is distributed to disadvantaged families

be teaming up with

throughout our community. Pastries and coffee will be

Feeding America to

provided to volunteers in the morning and lunch will be

bring meals to needy San Diego families.

460,000 San Diegans don’t know where their next

served at noon.

Don’t miss this great opportunity to make a difference

meal is coming from. Feeding America leads in the fight

in our community while getting to know your fellow CAI

against hunger by distributing 1.5 million pounds of fresh,

members! Sign up today by contacting the Chapter office

nutritious food to disadvantaged children, families, seniors

at 619.299.1376 or download the flyer at www.cai-sd.org. The

and homeless in our community. Feeding America San Diego

first 50 to respond will receive a free t-shirt at the event! We

relies on volunteers to help serve 437,500 different people

hope to see you there!

annually and 73,200 in any given week.

Thank You to Our March 2014 CID Law Seminar Sponsors Berg Insurance Agency

Popular Association Banking

Epsten Grinnell & Howell, APC

Your roof means more to us than today’s bid, tomorrow’s contract and next month’s work; it’s our committment to years of protection for your building, day-in and day-out.

For superior protection against the forces of nature call Premier Roofing CA today.

619.667.4565 Servpro Industries CALIFORNIA CA StAte COntRACtORS LiC. #715677

COMMON ASSESSMENT MAGAZINE

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SUMMER 2014

37

Service Directory Display advertisers receive a complimentary listing in the Service Directory.

ACCOUNTANTS Sonnenberg & Company Leonard Sonnenberg................ 858-457-5252

fax 858-457-2211 lens@sonnenbergcpas.com www.sonnenbergcpas.com

Please see our ad on page 36 Michael J. Ferrara Michael Ferrara......................... 619-698-4291

fax 619-698-3937 mjfcpa@juno.com

Please see our ad on page 39

ATTORNEYS CONTINUED

FINANCIAL SERVICES

Law Offices of Richard Salpietra Rick Salpietra, Esq. .................. 858-756-2233

fax 858-759-9938 rsalpietra@salpietra.com www.salpietra.com

Please see our ad on page 25

Mutual of Omaha Bank / CondoCerts Brendan Concannon................. 619-961-6346

fax 888-493-1973

BACKFLOW Pacific Backflow Company, Inc. Bill Coulter ................................ 800-603-4467

fax 760-639-4005 bill@pacificbackflow.com www.pacificbackflow.com

Please see our ad on page 27

COMMUNITY ASSOCIATION MANAGEMENT Associated Professional Services Neal Chazin......................619-299-6899 x101

fax 619-299-8242 nchazin@apsmanagement.com www.apsmanagement.com

Please see our ad on page 36

ASPHALT REPAIR/PAVING

Curtis Management Company, Inc. AMS Paving Patrick S. Campbell, CCAM....... 877-587-9844 Liz WIlliams................................ 800-357-0711

fax 858-587-9972

fax 888-357-0715 pcampbell@curtismanagement.com liz@amspaving.com www.curtismanagement.com www.amspaving.com

Please see our ad on page 15

Please see our ad on page 26 Walters Management Joe Farinelli, PCAM.................. 858-495-0900 ATTORNEYS

fax 858-495-0909 jfarinelli@waltersmanagement.com Community Legal Advisors Inc. www.waltersmanagement.com Madeline Orey ......................... 760-529-5211

Please see our ad on page 13

fax 760-453-2194 madeline@AttorneyforHOA.com www.AttorneyforHOA.com ELECTION & VOTING SERVICES

Please see our ad on page 33 IntelliVote Epsten Grinnell & Howell, APC Rick Salpietra, Esq..................... 858-759-8855 Jon H. Epsten, Esq. ................. 858-527-0111

fax 858-759-9938

fax 858-527-1531 rick@IntelliVote.net jepsten@epsten.com www.IntelliVote.net www.epsten.com

Please see our ad on page 23

Please see our ad on page 19 Greco Traficante Schulz & Brick, APC Peter Schulz, Esq. ..................... 619-234-3660

fax 619-234-0626 pjs@gtlaw.cc www.gtlaw.cc

Please see our ad on page 5

FENCING/GATES GB’s Fence Co. George Castro........................... 619-585-1184

fax 619-575-1606 gbfence@att.net

Please see our ad on page 9

Kriger Law Firm Janet Wilcox. ............................ 619-589-8800

fax 619-589-2680 jwilcox@KrigerLawFirm.com www.KrigerLawFirm.com

Please see our ad on page 15

38

SUMMER 2014

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COMMON ASSESSMENT MAGAZINE

brendan.concannon@mutualofomahabank.com

www.mutualofomahabank.com

Please see our ad on page 9

Pacific Western Bank Susan Abubo............................. 760-432-1335

fax 760-432-1339 sabubo@pwbonline.com www.pwbonline.com

Please see our ad on page 33 Popular Association Banking Larry Hooper.............................. 714-864-5171

fax 714-864-5190 lhooper@bpop.com www.bpop.com

Please see our ad on page 13 Union Bank HOA Services Tracy Stephens.......................... 866-210-2333

fax 866-401-2911 tracy.stephens@unionbank.com HOAbankers.com/Smartstreet.com

Please see our ad on page 23

INSURANCE Berg Insurance Agency Kimberly Lilley, CMCA, CIRMS

800-989-7990 ext. 230

fax 949-540-0218 kimberly@BergInsurance.com www.BergInsurance.com

Please see our ad on page 32

LANDSCAPE MAINTENANCE and/or CONSTRUCTION Pacific Green Landscape, Inc. Stephanie Lundstrom............... 619-390-9962

fax 619-390-0865 stephanie@pacificgreenlandscape.com www.pacificgreenlandscape.com

Please see our ad on page 35 Steven Smith Landscape Gigi Golden-Smith.................... 760-745-9916

fax 760-745-1982 ggolden@stevensmithlandscape.com www.stevensmithlandscape.com

Please see our ad on page 32

FerraraAd11.5.12_Ferrara Ad 7/8 11/7/12 8:21 AM Page 1

PAINTING CONTRACTORS Pacific Western Commercial & Residential Painting Tony Hady.................................. 760-468-3933

fax 760-645-7200 info@pacwestpainting.com www.pacwestpainting.com

Please see our ad on page 33

PEST CONTROL Mt. Helix Pest & Termite Control Robert Bacon............................. 619-584-6794

fax 619-584-3864 mthelixpc@yahoo.com www.mthelixpestcontrol.com

Please see our ad on page 39

MICHAEL J. FERRARA Certified Public Accountant

✓ Reviews & Audits ■ ✓ Taxes ■ Palomar Professional Building ✓ ■ Reserve Study Updates 615 Aldwych Road • El Cajon, CA 92020 ✓ ■ Budgets 619/ 444-6065 2340 Tampa Avenue • Suite C El Cajon, CA 92020

619 698-4291

American Institute of CPAs

email: mjfcpa@juno.com

CAL Society of CPAs

Payne Pest Management Jason Payne............................... 858-277-2228

fax 858-277-2212 jpayne@paynepestmgmt.com www.paynepestmgmt.com

Please see our ad on page 5

ROOFING

Looking to Improve Your Current Pest Control Program?

Premier Roofing CA, Inc. Sid Scott..................................... 619-667-4565

fax 619-667-1281 sids@premierroofingca.com www.premierroofingca.com

Please see our ad on page 37

SECURITY SERVICES

Competitive pricing with no gimmicks.

Bald Eagle Security Dmitriy Todorov......................... 619-230-0022

fax 619-230-6610 dmitriyt@baldeaglesecurity.com www.baldeaglesecurity.com

Please see our ad on page 27

Just quality, affordable pest and termite control.

TOWING Western Towing Kathy Tighe................................ 619-297-8697

fax 619-296-2822 denisetb@westerntowing.com www.westerntowing.com

Please see our ad on page 35

WATER SUBMETERING California Sub-Meters Robert Anaya............................. 858-571-8999

fax 858-571-4470 robert@calsubmeter.com www.calsubmeter.com

Please see our ad on page 18

REGISTER and SAVE!

(619) 584-6794 www.mthelixpestcontrol.com

Only CAI members get discounted pricing for events and educational opportunities.

Don’t miss out! If you haven’t created a new user name and password for CAI-San Diego’s website, now is the time.

Log on to www.cai-sd.org and click on “Log In” in the upper right corner to get your member discount!

COMMON ASSESSMENT MAGAZINE

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SUMMER 2014

39

2014 CAI SAN DIEGO

GOLD

AV Builder Corp Pacific Western Bank Pacific Western Painting

AMS Paving American Technologies, Inc. Animal Pest Management Arborwell

BRONZE

Scan this code with your smartphone to visit the chapter website.

1081 Camino del Rio South Suite 109 San Diego, CA 92108

PLATINUM

Marketing Plan Members

Berg Insurance Agency Black Diamond Paving

Popular Association Bank Premier Roofing CA, Inc. Rayco Painting

Mt. Helix Pest & Termite Control, Inc. The Naumann Law Firm Pacific Backflow Co., Inc. Pacific Green Landscape, Inc. PrimeCo Painting & Construction

ProTec Building Services EmpireWorks Reconstruction and Painting RSI Roofing Four Seasons Tree Care

Reconstruction Experts

IntelliVote

Seacoast Commerce Bank

Kriger Law Firm

The Termite Guy

LaBahn’s Landscaping

Union Bank HOA Services

Landcare Logic

Western Towing