Common Assessment April May June 2012

Common summer 2012

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

P r e s e r vat i o n

of

Y o u r C o m m u n i t y A s s o c i at i o n

RECYCLING: MAKing CENTS & saving green page 16 Should they stay or SHOULD THEY GO? page 22 Civility STARTS AT THE TOP page 34 C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

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Sam Dolnick Honored for Years of Service with CAI-CLAC Lifetime Achievement Award

Sam Dolnick and Chapter Executive Director Barbara Ozenbaugh.

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Page 16

Features

Departments

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Preserving Property Values through Preventative Maintenance

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Sam Dolnick Honored

by Jean-Marie Salvia, CCAM, PCAM

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President’s Message

by Louise Stettler

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Platinum Business Partner Spotlight Peters & Freedman, LLP

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Newsstand: Mortgage Matters CAI Secures Important Transfer Fee Victory

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CLAC Donations Honor Roll

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Service Directory

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You Have the Power! Preserving Property Values Through Violation Enforcement

By Deborah M. Kornheiser, Esq. & Craig L. Combs, Esq.

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Recycling – Making Cents and Saving Green

By Jeff Morin, LEED AP, CCAM

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Should They Stay or Should They Go?

by Kerry Beatty, CCAM, PCAM & W. Hudson Harris, Esq.

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Insurance Assurances

by Brian Kalmenson

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The Cure for Condominium Financing Woes

By Donna Graf

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Civility Starts at the Top

by Elizabeth Hensley

New and Renewing Members

Chapter News 8

Chapter Achievement Award

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March 14 & 21 Morning Program Sponsors

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Bowling Tournament

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Managers Celebrating Managers

Page 30

February 1 Trade Show

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

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Common

President’s Message EXECUTIVE COMMITTEE Louise stettler................................................. President Epsten Grinnell & Howell, APC

Strengthening Old Relationships & Building New Ones

T

he Chapter had a busy and productive first quarter! Having Andrew Fortin and Skip Daum come in for our February trade show was a great way to begin. In

March we had our popular Bowling Tournament and first ever Designation Committee manager only event. From the responses we expect many managers to register for PMDP classes and achieve their designations. CAI provides many opportunities for educational advancement through professional designations including: CCAL, RS and CIRMS, and the newest educational offering for Business Partners – Educated Business

If we don’t change, we don’t grow. If we don’t grow, we aren’t really living.

Gail Sheehy

Partner. Please contact the Chapter office for further information.

We launched the new Chapter e-newsletter and updates will be coming

regularly to your inbox for upcoming events and sponsorship opportunities.

The Chapter offers many opportunities for anyone who is looking to volunteer.

We have many committees to assist our Chapter in achieving our vision statement.

They include Education Services, Membership, Public Relations, Magazine Editorial Committee and the Legislative Support Committee. We also host a variety of social events throughout the year organized by our other committees including: Bowling, Monte Carlo Night,

businesses and managers in the community association industry. Look for our second annual Family Night at the

For further information about our Chapter and the services it provides, please contact Barbara Ozenbaugh at 619-299-1376 or email barbara@cai-sd.org.

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Jason Payne...............................................VICE PRESIDENT Payne Pest Management tina rozycki, CMCA......................................... treasurer Curtis Management Elaine Gower.................................................... secretary Homeowner CYNDI KOESTER, PCAM...................................... ex-oFficio Mutual of Omaha Bank/CondoCerts DIRECTORS Kerry Beatty, PCAM........................................................Manager Elizabeth French, Esq. ..............Green, Bryant & French, LLP Co-LEE GREV, PCAM.....................................................Manager Chris Hodge, PCAM............... Elite Community Management Bruce Rosenblatt ................................................... Manager Rick Salpietra, Esq................. Law Offices of Richard Salpietra Shannon smith......................................Reconstruction Experts Jason Stewart............................................ Pinnacle Landscape Karina Tatum . ........................SD Preferred Property Managers CHAPTER Executive DIrector barbara ozenbaugh, CMP 619-299-1376 Managing editor and New & Renewing Advertising sales barbara ozenbaugh, CMP 619-299-1376, barbara@cai-sd.org design & production Kristine GAITAN Rey advertising & design / The Creative Dept.

760-746-8700 Magazine EDITORIAL committee Laurie Poole, ESQ. (CHAIR)............. Peters & Freedman, LLP Lauri Croce, ESQ. ............................ Anderson & Kriger, APC Sam Dolnick.......................................................... Homeowner JEFF French, ESQ....................... Green, Bryant & French, LLP BRIAN KALMENSON, CCAM....Michael Abdou Insurance Agency JODI KONORTI, ESQ. ................ Epsten, Grinnell & Howell, APC CYNDI KOESTER, PCAM..... Mutual of Omaha Bank/CondoCerts kimberly LILLEY, CIRMS........................Berg Insurance Agency Jeff mORIN...........................Global Disposal Reduction Services Jean-Marie Salvia.................................... Walters Management LOUISE Stettler......................... Epsten Grinnell & Howell, APC 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.

Billiards and Golf to promote networking between

Padres on June 23.

Marie Donovan..................................... president elect Homeowner

Louise Stettler has been doing business development for Epsten Grinnell & Howell, APC for more than 12 years and is the 2012 Chapter President.

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

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.” © 2012 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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C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

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By Jean-Marie Salvia, CCAM®, PCAM®

“ if an association does not

take time to plan for the future, it may become a thing of the past. ”

Preserving Property Values through Preventative Maintenance

the daily operations, if an association does not take time to plan for the future, it may become a thing of the past. Considering property value preservation is one of the greatest benefits of living in a common interest development, it is not something we should ignore. Preventative maintenance and pro-active management are the keys to ensuring the community continues to thrive. There are a number of tools available

P

remier Homeowner Association*

looking and major maintenance projects

was constructed in 1974. Over the

began to creep up. Frankly, Premier

years, the board of directors worked

Homeowner Association was no longer

very hard to keep assessments low and respond to community needs. The board

looking very premier.

Property values appeared to be

contracted with landscapers, maintenance

decreasing and the members were forced

companies, street sweepers and electricians

to consider a significant special assessment

to ensure things ran properly. When there

just to get the buildings painted, plumbing

was a plumbing leak, the board responded

upgraded and dry rot repaired. Does this

promptly to minimize damage. However,

sound familiar?

over the years, the community grew tired-

While we may be great at managing

to homeowner associations that, if utilized properly, require very little additional work.

Reserve Studies Reserve studies offer a plethora of useful information for associations. A Reserve Specialist® will review the association’s assets and provide a schedule for longterm maintenance projects based upon industry standards. Often, the schedule will estimate repair and replacement work over a course of a 30 year period so that the association can plan ahead and budget accordingly. Recommendations may include sealing streets, painting buildings, replacing equipment and refurbishing clubhouses.

When a board of directors reviews its reserve study, it is important to look at the items proposed in the near future and create a plan of attack. For example, if street sealing is suggested, make a note to ask a contractor to inspect the streets for repair and sealing recommendations. If the contractor responds that the streets can wait another year, alert the reserve specialist and add it to the next year’s calendar.

When a board of directors utilizes the

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S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

reserve, major repair and replacement items

changes may even save the association

can be planned for well in advance, thus

money in the long run. For example, there

eliminating the element of surprise.

are a variety of plants that can be split and relocated. The association’s landscaper can

Maintenance Manuals and Manufacturer Recommendations Simply, some of us have maintenance

identify such plants and help ensure areas of the community do not become barren

REALITY CHECK

without a large out-of-pocket expense.

Or, consider replacing outdated fixtures,

A large master-planned

manuals and some of us don’t. The benefit

such as lights, with newer, more efficient

of a maintenance manual is that it will often

options. While the association will need to

community in North San Diego

detail the short- and long-term maintenance

purchase and install the new items, these

requirements of each component. The

items typically pay for themselves in energy

County was recently presented

manuals may even come with calendars

savings. Our service providers understand

with the daunting task of

to remind boards when items should

their business and can help us make the

painting nearly fifteen miles of

be inspected or maintained. For those

right choices for our long-term investments.

associations that do not have professional maintenance manuals, manufacturers can often provide recommended maintenance schedules for their equipment. If the board

Creative Thinking and Listening to Others Pay attention to the reports and

fencing. Rather than electing to go with the cheapest option, the board of directors selected a slightly more expensive paint

takes a little time up front organizing

suggestions of others. When a homeowner

maintenance recommendations and

calls to report a problem, we often focus

product with an improved

creating a schedule, it won’t miss a beat (or

on addressing that specific concern. These

warranty. If all goes well, this

a chimney clean-out)!

reports can be clues to an overall need for the association and an opportunity to

Educational Seminars and Industry Events If you haven’t taken the time to browse

option may lengthen the time

enhance the community. For example, if

between maintenance from five

a sign is in disrepair, we often replace it

years to eight years as well as

with the same exact sign. However, it may

reduce the potential number of

trade show booths at a CAI event, you are

not cost much more to redesign the sign

missing out. Companies that specialize in

and replace it with one that is a little more

and understand association maintenance

modern and potentially beautifies the area.

often display their newest and best

Or, if there is a reoccurring problem with

products at industry events. While you may

people walking through the landscaping,

hired to help ensure the

not be in the market for something, it sure

consider adding attractive boulders or a trail

fence repainting project runs

is handy to know you have someone to

to direct foot traffic and enhance the area.

call when the unexpected comes up. Not sure how to handle that major flood or technology failure? Wouldn’t it be nice to know someone who does…

Our service providers are some of the

It can be a daunting task to manage reserve studies, maintenance manuals,

smoothly and in accordance

The end result is a net gain: the association is hoping to

The key is to find a way to manage your

keep the community looking

resources in one location. An annual

fresh while reducing long-

calendar is simple yet effective tool

most innovative and thoughtful people we

for ensuring you don’t miss anything.

know. Schedule regular meetings with your

Include everything on the calendar:

service providers to walk the property and

regular inspections, board meetings,

talk about ways to keep things fresh. There

reserve recommendations, preventative

are usually some inexpensive ways to ensure

maintenance schedules, policy discussions,

the community does not get stale. Some

A project manager was

with the board’s expectations.

Annual Calendars

expert opinions and homeowner requests.

Community Partners and Service Providers

ongoing repairs.

term cost of fence repair and replacement.

Continued on page 8

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

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preserving property values Continued from page 7

forward planning, and so on. Every December Louise Stettler and Barbara Ozenbaugh accept a Chapter Achievement Award at the CAI Annual Conference.

The chapter was recognized for Public Affairs for the BakerDolnick Foundation/ Homeowners Roundtable.

review the calendar for the next year and designate the items that may need to be looked at. Then, each month review and update the calendar to ensure things don’t get missed.

Contrary to popular belief, an association does not need to go into debt or special assess members in order to keep a community looking fresh and ensure the assets are maintaining their value. Furthermore, spending time and a little money in a proactive manner will actually save the association and its members more in the long run.

By utilizing some of the tools available to us and adopting good preventative maintenance habits, we can help ensure a community is considered one of the premier and desirable communities in the area. * Premier is a fictitious name created for this article.

Jean-Marie Salvia, CCAM®, PCAM® is a Regional Manager for Walters Management.

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S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

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C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

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By deborah M. kornheiser, esq. & craig L. combs, ESQ.

demand that all necessary steps be taken to

You Have the Power!

preserve property values.

In the middle with you is the board of directors, and the association budget with nary a penny to spend on non-essential

preserving property values through violation enforcement

items. Raising assessments of responsible owners to pay for the maintenance of irresponsible owners’ homes is rarely palatable, and higher assessments are as much a part of the property valuation calculus as are brown grass and dilapidated vehicles.

The goal, of course, is to compel the owner of the noncompliant home to bring their home up to community standards at no cost to the other owners. The violation may be rectified immediately with a simple violation notice or only after protracted litigation and a court order. At whatever stage the problem is solved – and solved it must be – it is critical that you preserve your community’s rights along the path to resolution.

Rule Clarity Ambiguous rules are difficult to enforce.

Without sufficient notice of what standards are expected and what remedies the community has to enforce those standards, your sharpest compliance tool is blunted.

I

n turbulent economic times, you may

who just don’t care what their home looks

If your community’s rules aren’t on point,

often find yourself pulled by opposing

like and the vacant homes in foreclosure

urge your board to adopt rules which clearly

economic forces. On one side are the

limbo. On the other side are those owners

address the nature of violations to which

cash-strapped owners who can no longer

who (rightfully) expect that the association

your community may be especially prone.

afford to maintain their homes, the owners

is there to protect their investments and

If the board intends to levy fines against

“ At whatever stage the problem is solved – and

solved it must be – it is critical that you preserve your community's rights along the path to resolution. ”

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S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

violators, it is especially important to have a

Ideally, the hearing should be looked at

a non-compliant owner in an attempt to

fine schedule with particular dollar amounts

as a dispute resolution opportunity rather

be neighborly and not appear as tyrannical

assigned to each class of violations.

than just a stepping-stone to issuing a

and unyielding. While it is beneficial to

fine. The board should have an open mind

be open to resolution at any stage of the

Notice and Opportunity It is critical to bear in mind the principles of notice and opportunity. The owner must have notice that the board is

towards resolution. Even difficult owners

enforcement process, it is critical that

can be convinced to comply if treated fairly

the board stick to the script. An offer of

at a board hearing.

leniency that is outside the normal dispute

Of course, some people you just can’t

resolution process may be construed later

considering action to force compliance and

reach. They either appear at the hearing

by a judge as waiver by the association of

have an opportunity to be heard by the

with untenable excuses, refuse to comply,

its enforcement rights.

board before such action is taken.

or they simply fail to show up. If the board

Before issuing a fine (or a non-lien

chooses to discipline the owner and require

Dispute Resolution – Usually Necessary …

assessment, penalty, or other form of

the owner to take action to remedy the

coercive imbursement), the board must

noncompliance, the board must provide

notify the owner in writing, by either

the owner a written notification of the

litigation dispute resolution, both of

personal delivery or first-class mail, at

disciplinary action, by either personal

which should be exercised to preserve the

least 10 days prior to the hearing. The

delivery or first-class mail, within 15 days

association’s right to attorneys’ fees in the

notification must contain, at a minimum,

following the hearing. Any disciplinary

event litigation is necessary to remedy the

the date, time, and place of the hearing,

action is not effective unless the board

non-compliance. It is important to bear

the nature of the violation, and a statement

fulfills this notice requirement.

in mind that judges really, really don’t like having homeowner association cases

that the member has a right to attend and may address the board at the hearing. The board must meet in executive session if requested by the owner.

California law has two levels of pre-

Good Deeds are Often Punished Many times the board will over-indulge

on their dockets. The judge may even throw out the association’s case if dispute Continued on page 12

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

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YOU HAVE THE POWER! Continued from page 11

resolution has not been attempted. You want to be able to present a story that the association has done everything in its power to resolve the dispute informally.

If the issue is not resolved through the disciplinary hearing, the board should offer “Internal Dispute Resolution” (IDR) to the owner pursuant to California Civil Code Section 1363.810, et seq. This is essentially a request that the owner meet with the board or a board designee to informally resolve the dispute. Participation is voluntary for an owner, but mandatory for the association if an owner requests IDR. Should IDR fail to resolve the problem, the next step will be to make a demand for Alternative Dispute Resolution (ADR) pursuant to Civil Code Section 1369.520.

This process is also voluntary for a member to participate. ADR may be accomplished through mediation or arbitration.

Mediation is a process of alternative dispute resolution in which a neutral third party, the mediator, attempts to assist the

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



association and member in negotiating an agreement with respect to the underlying

 

dispute. Mediation is very often successful



in resolving disputes, and can be done at low cost through local mediators.

 

Arbitration is a form of alternative dispute resolution where an unbiased person or panel renders an opinion as

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     

to responsibility for or extent of a loss.

The arbitrator acts as a private judge in a closed and private court. The arbitrator’s final decision is based on the evidence and testimony of all parties provided at a hearing convened by the arbitrator.



 

  



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  

Arbitration can either be “binding” or “non-binding.”

Dispute Resolution – Sometimes Not Necessary …

There are occasions when dispute resolution is not necessary. Classic examples are tenants who create noise disturbances, vicious dogs, and other nuisances that pose an ongoing threat

12

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

to the other project occupants’ peaceful enjoyment of their homes.

In such a case, the board may take the matter to court and seek preliminary injunctive relief to remedy the situation.

Legal fees and costs are supposed to be awarded to the association if they are successful in court, but the board should be aware that judges sometimes apply a discount to the requested attorneys’ fees.

You Have the Power Associations have the power to force an owner’s compliance with the CC&Rs and Rules and Regulations. But with great power comes great responsibility.

It is critical throughout the violation enforcement process to write a story of the association acting in the best interests of the community against a defiant owner who is damaging those interests.

The association must always show that it did everything in its power to resolve the dispute at the violation notice and disciplinary hearing stages, through IDR and through ADR. When a community manager can help write such a story, a happy ending is much more likely.

Deborah M. Kornheiser is a partner in the law firm of Wasserman Kornheiser, LLP, a law practice focused exclusively on the representation of community associations.

Craig L. Combs is an associate attorney with Wasserman Kornheiser and practices community association litigation.

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C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

13

Property Management Banking Division

FOCUS

CAI-SAN DIEGO PLATINUM MARKETING PLAN MEMBER

Seacoast Commerce Bank offers a full range of comprehensive banking and financial services for Homeowner Associations and property management companies.

Active in the common interest

Seacoast Commerce Bank provides our Property Management and Homeowner Association clients the ability to maximize their use of bank services. We understand the unique Banking needs of our Property Management and Association clients, providing industry specific products and customer service that you have grown to expect and deserve. solutions • Depository Services • Cash Management • Remote Deposit Capture • Lockbox Services • ACH Origination • HOA Financing • Online Dues Program

development industry for nearly

energy to shape the laws governing

20 years, the law firm of Peters

common interest developments.

& Freedman, L.L.P. provides

Attorneys provide input to the law

effective resolutions to homeowner

makers in Sacramento regarding

associations’ legal problems.

proposed legislation and monitor Appellate Court opinions. Through

How was the Firm Formed?

David Peters and Simon

Peters & Freedman’s efforts in the past few years, six cases have

Freedman met in the early 1990’s

become published case law in

through a business associate. In

California.

1993, they decided to join forces and launch Peters & Freedman, L.L.P. According to Simon, David’s overriding commitment to his clients

Why Practice This Type of Law? This area of law is challenging

was a key factor in deciding to begin

because it is not well defined from

the partnership.

a statutory or case law standpoint.

The intent was to form a firm

Often, the disputes involve both

that would have a core group of

emotional and legal aspects since

partners and associates committed

the outcome affects the lives of

to providing quality legal advice and

individuals and how they live in their

serving their clients’ needs. Nearly 20

homes. This personal aspect requires

Senior Vice President Property Management Banking Division

years later, through strategic hiring

a more creative approach, rather

of attorneys, paralegals and staff,

than strict interpretation of the law.

the firm has achieved this goal while

760-803-9541 Mobile 760-301-0046 Fax kcarteron@sccombank.com 700 La Terraza Blvd, Suite 110 Escondido, CA 92025

This area of the law is also extremely

maintaining a casual, friendly and

diverse, providing a variety of issues

approachable atmosphere.

on a day-to-day basis.

The Firm’s Approach

Looking to the Future

Ken Carteron

allison disarro Assistant Vice President Property Management Banking Division

619-409-5727 Office 619-988-6708 Mobile 619-476-7770 Fax adisarro@sccombank.com 678 Third Avenue, Suite 101 Chula Vista, CA 91910

14

The firm also devotes time and

The firm’s belief that the “clients’

Peters & Freedman, L.L.P. will

needs comes first” is evident in their

continue to provide cost effective

attorneys’ ability to pursue effective

and responsive advice to their clients

resolutions that truly serve the best

based on two decades of experience

interests of the client. Providing

and understanding of common

responsive answers to questions

interest development law.

posed is a primary objective.

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

Thank you to Peters & Freedman, L.L.P. for their generous support of CAI-San Diego.

Thank You to Our February 1, 2012 Trade Show Exhibitors

Andrew Fortin and Skip Daum, guest speakers at our February 1, Legal Update trade show.

Advanced Painting & Wood Repair

Pacific Western Bank

Animal Pest Management

Payne Pest Management

Arborwell

Premier Roofing Ca, Inc.

Artistic Maintenance, Inc.

Prendiville Insurance

Association Reserves San Diego, LLC

PrimeCo Painting & Construction

Behr Process Corporation

Reconstruction Experts, Inc.

Benchmark Landscape

Renewal by Andersen

Bob Piva Roofing

Rodent Pest Technologies

Christian Brothers Cleaning & Restoration

RSI Roofing

Dunn Edwards Paints

Seacoast Commerce Bank

Epsten Grinnell & Howell, APC

Silldorf & Levine, LLP

Farmers Insurance

Sky Security Services

Fenceworks, Inc.

SR Cornerstone Construction

General Coatings Corp.

Steven Smith Landscape, Inc.

Interiors: By Design

Sullivan Construction Management

LaBahn’s Landscaping

Summit Security

Landsystems

Three Phase Electric, Inc.

Mt. Helix Pest & Termite Control

Tierra Verde Resources, Inc

N.N. Jaeschke, Inc.

Treebeard Landscape

Nautilus General Contractors, Inc.

Universal Protection Service

New Way Landscape & Tree Services

US Bank

O’Connell Landscape Maintenance

Western Towing

Pacific Green Landscape

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C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

15

By JEFF MORIN, LEED, AP, CCAM

“ As board members and managers you can save money

by increasing recycling percentages. The more material into the recycling bin means less material in the trash bin, lowering overall trash bills. ”

RECYCLING: making Cents & $aving green

R

ecycling: it just makes sense, right?

We’re all pretty familiar with the concept, but many of us don’t

integrated waste management board).

A recycled six-pack of aluminum cans could save enough energy to drive a car

bulb for 4 hours (San Diego county office of Education).

Paper – Today, 62,000,000 newspapers

really get into the details. For most of us,

five miles, or, one recycled aluminum can is

will be printed in the U.S., and 44,000,000

recycling involves simply separating glass

equivalent in energy to a half a can full of

will be thrown away, roughly the equivalent

and plastic from the trash and waving

gasoline (bringrecycling.org).

to about 550,000 trees weekly or almost

goodbye when the waste truck drives away with our unwanted materials. However,

Glass – Energy saved from recycling one glass bottle will light a 100 watt light

when you take a moment to dig a little deeper, you can really see how much economic and environmental sense it makes to reuse these valuable commodities.

Saving Energy Through Recycling We all should know recycling is important and we need to try and do our best to buy products with appropriate packaging and dispose of each product correctly. But do we realize how much of an impact we can all make through this simple practice?

A Little Perspective Aluminum – Recycling a soda can saves 96% of the energy used to make a can from ore, produces 95% less air pollution and 97% less water pollution (California 16

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

30,000,000 trees per year (Earthworks Group).

Steel – Americans use 100,000,000 steel cans a day, and enough steel is thrown away every year to build all the new cars made in America (EarthWorks Group).

Saving Money Even if reading the facts on energy savings – like those previously listed – doesn’t get you running home to make a recycling bin, let’s not forget that it saves money too!

There is a value in recyclable waste. Since energy, gas, and resources (MONEY) are used to produce new materials, it makes sense that manufactures would prefer to use recycled materials whenever possible to lower production costs. The waste and recycling companies are able to sell these materials after they pick them up from your curb. This allows these companies to remove recyclable materials at a lower cost than waste. In most cases, the removal cost for recycling is substantially lower than the removal cost for waste! Separating and compacting these recyclable materials to be sold saves tipping fees at a dump.

As board members and managers, you can save money by increasing recycling percentages. The more material in the recycling bin means less material will end up in the trash bin, lowering overall trash bills. If your association has high waste bills, increasing recycling service to decrease waste service can make a huge difference in your monthly waste bill!

What Can We Do as Managers and Board Members?

Some of you may be thinking, “This sounds like a great idea, but I can’t get my residents to park in the right spot, pickup after their pet, or even keep their suits on at the pool. How are we going to get them to recycle more?” Here are a few places to begin: Create Awareness – Continued education and signage can be your best friend for increasing recycling at your Continued on page 18

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

17

A Recycling Success Story

Cut Your Bill by Increasing Your Service

RECYCLING

recycling, (they are out there) and when

Continued from page 17

you find them, work on empowering them.

association. Periodically include recycling

Consider having a recycling committee

educational material in newsletters,

to educate and encourage neighbors.

websites and other media outlets and let

San Diego County has even stated

residents know that recycling is in their best

they have had increased success when

interests as it is one way they can help to

residents sign a recycling pledge form; it’s

decrease association expenses. Articles

a simple no-cost way to get an additional

can be gathered from a number of sites

commitment from someone beyond a

including the county and city websites

verbal “yes”.

along with sites like Earth911.com. San

Treo at Kettner

In almost all cases when you hear about paying

Get Help – Keeping up with

Diego City and County also provide great

and understanding the waste and

examples of clear-cut signage that can be

recycling process at a property can be

used at your project.

a cumbersome job at times, especially

Make Recycling Easy – If you have

when there are 101 other jobs a property

a community with common area waste

manager is expected to keep up with on

locations, consider how easy it is for

any given day. Below are a few ways to

each resident to recycle. Are recycling

make it easier on yourself.

receptacles as available as trash

Contact your waste hauler with

less and actually getting more the immediate

receptacles? Do your residents have

questions on your current recycling

response is “What’s the catch or what’s missing?”

equal opportunity to recycle or do they

program – Use local resources

need to walk further? If it’s inconvenient,

(for example: www.sandiego.gov/

you are losing recyclables. Also, can

environmental-services/recycling/ro/

residents discard recyclable material as it

residential/index.shtml or www.sdcounty.

is produced? Think about locations where

ca.gov/dpw/recycling/multifamily.html).

This is a story about a residential high-rise that was an exception to the rule. Following a free audit conducted by a local waste consulting company, Treo

Consider having your property

at Kettner found there was room to make minor

residents may want an option to recycle.

changes in the waste service at their property.

At the mailboxes, for example, so junk

audited by a waste consultant –

mail can easily be recycled, or recycling

Waste consultants assist in analyzing

bins next to trash bins at the pool and

the property’s waste and recycling for

Following some simple adjustments, the association received a reduction in their monthly waste bill of

park for water bottles and soda cans. Also,

inefficiencies, errors and overages. The

over $1,000 (nearly 1/3 of their total monthly waste

understand that making recycling easy is

best part is, many companies work off

expense). To obtain this savings, the residents of

more of an obligation than a choice. San

savings agreements so you may be able to

the association gave up nothing. Treo increased

Diego City code requires that recycling

have your property’s waste and recycling

in condominium complexes must be

removal process reviewed for local

“adequate” and “convenient” for residents

compliance, waste cost reduction, and

their recycling service by nearly 50% and made slight reductions to certain areas of their waste

to eventually achieve a 50% diversion

recycling opportunity with no money out of

service that would never be noticed by residents

goal. Recycling containers must be next

pocket.

since the newly recommended service was more

to or in the vicinity of each solid waste

than adequate. Following the increases to recycling

container or disposal area. Newly added

service, residents responded with additional waste diversion! Treo worked on improving the resident’s

Public Resources Code Section 42913 (AB 341) requires owners of multifamily

When You Reach Your Goal, Keep on Going!

It’s important to make sure recycling

dwellings consisting of five or more living

remains a priority at your association;

accessibility to disposal options for recyclable

units, to provide recycling services that are

requirements for residential complexes

material and continued to encourage recycling to

appropriate.

will only be more stringent as time goes

their members through publicizing educational recycling material and communicating why recycling

Create a Critical Mass – To get your

on (See AB 341 for the writing on the

residents involved, consider a recycling

wall). Also, keep in mind that “Reduce and

kickoff event and invite local recycling

Reuse” always come before ”Recycle,”

is important and economically beneficial to

experts from the city, county, or waste

so focusing on end results for recycling

residents.

company to attend and help educate.

amounts isn’t the only answer. Consider

Find those residents that do care about

other opportunities to help residents

18

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

reduce waste. For example, being proactive and educating residents on phone book opt

C e l e b r at i n g O u r 3 7 t h Y e a r

out websites or teaching them how to get off junk mail list so needless waste is eliminated before its produced and delivered.

It’s everyone’s responsibility to recycle, but if you’re on a board of directors or manage an association, that obligation increases drastically as your decisions and foresight affect each resident. Make sure you are leading your residents effectively and continue to regularly educate, evaluate and encourage recycling at your property.

We know the difference between getting the job done and getting it done right.

Jeff Morin is a Senior Waste Consultant at Global Disposal Reduction Systems, a San Diego based waste and recycling consulting firm working with homeowner associations throughout Southern California.

Full Service Community Management

800-227-6225 S a n D i e g o • C h u l a V i S ta • C a r l S b a D • m u r r i e ta

www.waltersmanagement.com

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

19

CAI-San Diego’s Family Bowling Night & Tournament Friday, March 2, 2012

2012 Bowling Tournament Awards

20

HIGHEST BOWLING SCORES Men: Angelo Tomiselli, Rodent Pest Technologies

HIGHEST TEAM SCORE First Place: Seacoast Commerce Bank Tom Cheek Zoen Baldwin Rod Bleakley David Cheek

BEST DRESSED First Place: The Paint Dolls from CertaPro Painters Chelsey Chapman Laura Hurtado Tammie Lewko Jessica Ward

Second Place: Varsity Painting Kim Erlenwien De Wayne Frost Johnny Mercado Paul Piggot Roland Thomas

Second Place: The Pin Pals Tierra Verde Resources, Inc. Mimi Cortes Rebecca Soto Lucas Sisneros Josh Steinbock

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

Women: Laurie Poole, Peters & Freedman, LLP

2012 Bowling Tournament Sponsors Strike Anderson & Kriger Pacific Western Bank Seacoast Commerce Bank Summit Security

Spare AV Builder Corp.

Epsten Grinnell & Howell, APC Mutual of Omaha Bank/Condo Certs Nautilus General Contractors, Inc. Rodent Pest Technologies S.D. Preferred Property Management

Drink Bucks Animal Pest Management Clean Earth Restorations Merit Property Management

Mt. Helix Pest & Termite Control Peters & Freedman, LLC ProTec Building Solutions RSI Roofing ValleyCrest Companies Dessert A-1 All American Roofing Company Elite Community Management

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

21

By kerry beatty, CCAM, PCAM & W. Hudson Harris, Esq. By kerry beatty, CCAM, PCAM and W. HudSON HARRIS, ESQ.

W

hat to keep, how to keep and where to keep the association's important

documents – those are the questions.

Consistent and organized records reflect professional management, duty of care for your clients and protect both you and your client. An association’s corporate records can include documents ranging from meeting minutes to contracts and extend as far as maintenance requests and correspondence. As discussed below, using clear file structure will help you organize your documents into manageable and accessible file structures that ensure the correct documents are kept in the right place for the right amount of time.

Associations generally maintain two types of files: permanent files and annual files. The permanent files remain in the file drawer, while the annual files are pulled, organized and archived on an annual basis. This is typically done at

Should they stay or should they go? a guide to document retention for community associations

the close of the calendar year, regardless of the association’s fiscal year. By keeping records in an identical manner, the managing agent will be able to accurately pull appropriate records when needed.

Store permanent files in colored multi-tabbed folders in a consistent location in every manager’s office.

Every client’s files should have the same

“ Associations generally maintain two types of files:

permanent files and annual files. The permanent files remain in the file drawer, while the annual files are pulled, organized and archived on an annually. ” 22

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

Sample File Structure format and flow. Additional folders and files can be added for the specific needs of the community.

While smaller associations can often

Permanent Accounting Files • Articles of Incorporation • Bank Signature Card(s) • Secretary of State • Audit/Tax Returns • Delinquency Policy • Budget Mailing

combine the accounting and general files in a single carton, the typical association will require separate cartons for general and accounting files due to the volume of material. When in doubt, err on the side of thoroughly organizing the records.

As you can see on the Sample File Structure (see inset), there are generally four categories of corporate records: 1) Permanent Accounting Files; 2) Annual Accounting Files; 3) Permanent General Files; and 4) Annual General Files.

Annual Accounting Files • January A/R 2012 • January A/P 2012 • January Financial and G/L 2012 • Duplicate for each month Permanent General Files • HOA Document Files – Articles, Bylaws, CC&Rs, Condo Plan, Rules & Regulations, Architectural Guidelines, Election Rules, Minutes • Financial Files – Copy of all accounting permanent files, plus Full Reserve Study and Insurance Policy.

Annual General Files • Access Control • Annual Meeting • Architectural • Bid Proposals • Boiler • Contracts* • Contracts Terminated • Contracts/Bids Accepted • Correspondence • Delinquency • Elevator • Emergency • Escrow • Fire Protection

• Insurance • Landscape • Legal • Mailings • Patrol • Permits • Pest Control • Plumbing • Pool and Spa • Parking • Roofing • Streets

Electronic Storage Consider an electronic storage/filing system of some kind, particularly for the

Type of Record

Retention Period

frequent use and permanent files.

Electronically storing documents

Corporate documents (e.g., Articles of Incorporation, CC&Rs, Bylaws, Rules, other governing documents and all amendments)

Permanent

Minutes of Meetings

Permanent

transmit them to a director or post

Records of Board Elections, Special Elections, Special Assessment Votes, and Any Other Votes of the Membership (but ballots only need to be kept for one year)

Permanent

certain files to a document website.

Association and Board Policies

Permanent

matches the system in place for

Resolutions of the Board

Permanent

the hard copy files. Today, many

Annual Financial Reports, Audits, Reviews and Documents

Permanent

associations maintain those regular

Association Membership Lists

As Updated

Legal Documents

Permanent

Architectural Applications/Approvals

Permanent

Insurance Policies and Records of Claims Against Insurance Policies

Permanent

Procurement Records (e.g., Purchase Orders, Invoices, Check Requests, Competitive Bidding and Sole Source Documentation)

allows an association to easily

Be sure your electronic filing system

10 years (but 4 years from a contract standpoint is sufficient)

association records (which members are entitled to inspect) on a members-only website. This practice reduces document request costs and allows for easy membership access to documents they may need.

Reserve Studies

10 years

Employee Personnel Records (after termination)

5 years

Employee Expense Records

5 years

Minutes should be kept in

Bank Statements, Deposit Slip, Cancelled Checks (after filing tax returns for that year)

4 years

chronological order in binders

Accounts Receivable and Accounts Payable Records (after filing tax returns for that year)

4 years

Expired Contracts (after expiration)

4 years

General Correspondence

4 years

Minutes

with the most recent session on top. Executive session and regular session minutes require separate binders. Utilize a separate location Continued on page 24

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

23

SHOULD THEY STAY...

association must be permanently retained.

taken lightly. The consequences for poor

Continued from page 23

The current year’s unaudited monthly

record-keeping range from lost clientele

or storage rack to alleviate improper

financial reporrts should be stored in a

to civil penalties. Ensure every one of

distribution of executive session minutes.

binder in the manager’s office for easy

your clients’ files are clean, organized

Additionally, Corporations Code section

reference and for production to the CPA at

and backed-up. If possible, work to have

8320 allows associations to keep minutes

the end of the fiscal year. Documents such

every document scanned and digitized to

electronically.

as tax returns, financial reports and reserve

provide for easy document production and

studies should be kept permanently and

a reduction in paperwork. On page 23 is

preferably digitally backed-up.

a handy – but by no means exhaustive –

Financial Documents Nearly every financial document for the

The maintenance and storage of

guide to document retention.

association records is not a duty to be Kerry Beatty, CCAM, PCAM, has over 15 years’ experience in all phases of common interest developments.

W. Hudson Harris, Esq., is an Associate Attorney at Epsten Grinnell & Howell, APC, attorneys with offices in San Diego, Palm Desert and Temecula.

Professional. Capable. Friendly.

Year after year our list of satisfied, well-managed communities grows. Our team of accredited, certified community managers offers unparalleled credibility and integrity. Call Curtis Management today for the highest caliber, hardest working professionals to manage your community. Toll Free 877.587.9844.

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S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

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 Allana Buick & Bers, Inc................................. 1/12 Barrington Dales General Contracting, Inc..... 2/12 CASA Services, Inc. ........................................3/12 Christina Mercer............................................. 2/12 Creston Fording .............................................1/12 Dave Krishan ...................................................2/12 Don Kerl ..........................................................2/12 Erika Von Der Heyde . ....................................1/12 Eva Brooks ......................................................2/12 First Citizens Bank ..........................................1/12 Holmes Landscape Company .......................1/12 Hunt Eggleston ..............................................3/12

Imperial Paving Company, Inc. . ....................3/12 Ivey Engineering, Inc. . ...................................3/12 Jerry Fike .........................................................1/12 Joanna Power .................................................1/12 Jose Veliz Il . ....................................................2/12 Kathleen Morgan . ..........................................3/12 LandGraphics Landscape & Arborcare Management ..................................................2/12 Laurence Rossi ................................................2/12 LPS Field Services ..........................................1/12 Monique Douglas........................................... 1/12 Multifamily Utility Company ..........................3/12

Rita Petrekova .................................................1/12 So Cal Tree Care & Landscape..................... 2/12 Tara Graviss..................................................... 1/12 Terminix Termite and Pest Control............... 1/12 The Naumann Law Firm . ...............................3/12 Transpacific Management Service ................3/12 Trudy Stambook ............................................ 3/12 Unified Protective Services, Inc. . ..................1/12

RENEWING Members 4-Points Management Agency.........................2004 7 Oaks Mgmt Corp #4..................................... 2005 A-1 All American Roofing ................................1997 Advanced Painting Co., Inc............................. 2007 American Geotechnical, Inc. ...........................1992 American Technologies, Inc. Animal Pest Management Services, Inc. ........2004 Aqua Blue Company........................................ 2010 ARK Management ............................................2010 Asael Sandoval, CMCA, AMS .........................2006 Association Reserves San Diego, LLC ............2008 Associations Insurance Agency, Inc. ...............2009 Atlantic and Pacific Management . .................2011 AV Builder Corp . ..............................................2006 Bald Eagle Security Services, Inc. ...................2009 Black Mountain Plumbing, Inc. .......................2009 Bonney Wikkering ............................................2008 Casitas Del Sol HOA ........................................2009 CINC Systems ...................................................2008 Community Archives, Inc. ................................2008 Cori Shipp, CMCA, AMS................................. 2006 Donald Michaels............................................... 2006 Donna Walters ..................................................2007 Dunn-Edwards Corporation ............................1989 Eagle Glen Master Homeowner's Assn.......... 2009 Ed Roth, CCAM, CMCA, AMS, PCAM........... 1998 Edwin Vitrano . ..................................................2011 Elite Services USA............................................ 2010 Elizabeth Torres-Lindsay ..................................2011 Elliot Katzovitz Insurance Agency ...................2007 Feist, Vetter, Knauf & Loy ................................1978 G.R.G. Management Inc.................................. 2009 Global Disposal Reduction Services............... 2008 Haney Accountants, Inc. ..................................2009 Heaviland Enterprises, Inc............................... 2011 Helen Yakely, CCAM ........................................2006 Hidden Ridge at Carlsbad . .............................2001 Interiors: By Design.......................................... 1996 J & M Keystone Restoration & Cleaning........ 2004 Jamie Kim, CCAM, CMCA, AMS.................... 2007 Janet Wagner, CCAM, CMCA......................... 2006 Janice Liese, CMCA, AMS............................... 2005 Jerry Bice, CMCA .............................................2007 John LeBlanc, CMCA .......................................2010

Karen Medley . ..................................................2009 Karla Coulter .....................................................2011 Katy Camp, CCAM........................................... 2008 La Mesa Colony Homeowners Association.....2007 La Mesa Colony Homeowners Association.....2011 Larry Peterson....................................................2001 Law Office of Laura Kwiatkowski......................1993 Leanne Ardilla, CMCA......................................2008 Lindsay Management Services.........................2012 Lisa Isaacson, PCAM, CCAM............................2007 Lori Graham, CCAM, CMCA, AMS, PCAM.....2006 Mary Minnier, CPA . ..........................................2007 Mary-Anne Monck............................................ 2003 McMillin Lomas Verdes II (320).........................2006 Merit Property Management . .........................2007 MeterNet . .........................................................2011 Mike Lutz ...........................................................2006 Morgan Stanley Smith Barney . .......................1996 Morning View Associates, LLC ........................2006 Mutual of Omaha/Condo Certs ......................2004 N.N. Jaeschke, Inc. . .........................................1976 Nadya Klima CMCA, AMS . .............................2011 Nicholas Brennan .............................................2009 Nina Stanley . ....................................................2008 NK Towing and Road Service . ........................2011 O'Connell Landscape Maintenance ...............1999 Oaks North Villas Condominium Association.........................................................1991 Off Duty Officers, Inc....................................... 2011 Pacific Rim Property Management .................2011 Palm Terrace .....................................................1998 Pamela Kindig................................................... 2010 Park Encinitas.................................................... 2010 Patrick Morrisey, CMCA ...................................2009 PCM of California .............................................1989 Peri Sword......................................................... 2011 Pernicano Realty Management Company .....2000 Peter Penzes, PCAM........................................ 2005 Peter Ruggiero, CMCA.................................... 2008 Pro-Tech Painting Co. ......................................1992 R&D Pest Services, Inc..................................... 2009 Rancho Del Mar Association ...........................2009 Randy Hegwood, CMCA .................................2010 Robert Donaldson.............................................1992

Robin Fennell, CMCA ......................................2009 Rodent Pest Technologies . .............................1998 Roy Palacios Insurance Agency, Inc. ...............2005 RSI Roofing .......................................................2002 Sabrina Afkhami, CCAM, PCAM . ...................2006 Sam Dolnick ......................................................1990 Servpro Industries............................................. 2010 Sharon Fortmueller ..........................................2011 Sheila Brustkern, CMCA ..................................2006 Sigvard Anderson . ..........................................1992 Solana Beach & Tennis Club............................1990 Sue Barnett .......................................................2006 Sunset Hills Terrace HOA ................................2003 Sunset Painting . ...............................................2002 Susan Schwartz................................................. 1990 Suzanne Dixon.................................................. 2007 Tapestry Resorts ...............................................2010 Tina Rozycki, CMCA . .......................................2008 Traci Mays .........................................................2010 Union Bank . ......................................................2008 Uptown District Owners Association ..............1990 Villa Monte Vina HOA . ....................................2010 Village Park Recreation Club #3 . ....................2010 Wayne Hanson, CCAM, PCAM .......................2006 Western Gardens Landscaping, Inc. . .............2006 Western Tree Service .......................................1988 WICR . ................................................................2000 William Stewart, PCAM.................................... 2005 January/February/March 2012

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

25

NewsStand

News from CAI National CAI’s recommendations. FHFA will continue to allow deed-based transfer fees charged by community associations. In addition,

funding to the 11 million housing units, or

FHFA has clarified that any such fee which

49 percent, of all community association

benefits the community in which it is levied

housing that have existing deed-based

will continue to be allowed under the new

Housing Finance Agency (FHFA) issued

transfer fees. Over the past two years, CAI

rules.

its long awaited final rule on transfer fees.

members worked diligently to gather data

FHFA had proposed a federal regulation

on transfer fees, submitted comments

private transfer fees created on or after

which would have banned federally backed

to FHFA and brought the issue to the

February 8, 2011, must provide a direct

mortgages for property in a community

attention of key lawmakers. The final rule

benefit to the properties upon which

association with a deed-based transfer fee.

issued on March 15 shows that those

they are levied. Private, deed-based

As originally drafted, the proposed rule

efforts were an enormous success.

transfer fees that directly benefit property

CAI Secures Important Transfer Fee Victory On March 15, 2012, the Federal

would have cut-off nearly all mortgage

FHFA’s final rule adopted nearly all of

Specifically, FHFA requires that all

are considered “excepted transfer fee covenants” and are allowed under the FHFA rule. An “excepted transfer fee

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covenant” is defined as a covenant that requires payment of a private transfer fee to a covered association and limits the use of such fees exclusively to purposes which provide a direct benefit to the property on which the fee is charged. FHFA also provides guidance on what a direct benefit means under the rule. Allowable uses for the transfer fee funds will include use for maintenance and improvements to the property, administration costs, and acquisitions. Transfer fees will also be able to be used for cultural, educational,

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charitable, recreational, environmental, conservational and other activities provided they are conducted in or protect the community or adjacent property or they are conducted on property that is used primarily by residents of the community.

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The FHFA victory on transfer fees is just part of the story. In 2011 there was model legislation introduced in state legislatures across the country which

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26

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

would have banned any and all transfer

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fees. This would have included all deedbased transfer fees as well as any fees charged by management companies or other business partners in conjunction with the sale of property in a community association. CAI worked with the National Association of Realtors and the American Land Title Association, sponsors of the

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model bill, to amend the language to allow for transfer fees charged by associations and their agents to be exempt from the proposed statutory ban. As a result of this outreach and the hard work of our state legislative action committees, nearly all of the 32 states that enacted transfer fee bans

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have statutory exemptions for community associations and their agents.

It is unprecedented for an organization like CAI to achieve such a clear victory in such a compressed time period across the spectrum of state and federal law, but thanks to the work of CAI and our members, we have achieved a victory that will help ensure the financial health of all community associations.

As part of our ongoing Mortgage Matters program, CAI is working to protect homeowners in community associations and to ensure access to fair and affordable mortgage products for all current and potential community association residents.

You can follow our work and share your thoughts at www.caimortgagematters. org and on Twitter at @CAIGPA. CAI will continue to monitor and participate in shaping changing federal housing policies to ensure the perspective of community associations is heard.

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

27

By BRIAN A. KALMENSON

“ Insurance can certainly go a long way

towards the preservation of property values within a community association.”

financial liability. The various policies that comprise the overall insurance package

Insurance Assurances

will serve to protect the community’s property as well as potential liability from actions of its directors, officers, employees and volunteers. Additionally, having the right insurance coverage in place can allow a community to be eligible for federal

n the current economic climate,

I

lending institutions such as Fannie Mae,

preservation of property value is

Freddie Mac and FHA. This can increase

something on the minds of virtually

property values by broadening the ability

all homeowners. From the perspective

of potential buyers to obtain financing

of community associations, there are

within the community.

many aspects of the community that can be addressed to maintain or further appreciate the value of the properties

many of the minimum coverage limits

within the community. Some

will be specified for the community’s

of these are the tangible

insurance policies. One limit that is never

items, such as aesthetic

numerically defined is the replacement

landscaping, upkeep

cost of a community’s building property,

of the common areas, well-funded reserves, and maintenance of the buildings.

It is intuitive to

as most times it will be required that the community insure for ‘100% of the current replacement cost’ of the association’s property.

A common question asked by

keep an eye on

concerned communities that have

the things that can

insurance coverage for its buildings is:

be physically seen, while inadvertently overlooking those that cannot be seen.

One such intangible item with far-reaching

how do I know my community is insured to value?

In the insurance industry, the standard program used for calculating building

impact for community associations is

replacement cost value is the Marshall

insurance.

& Swift/Boeckh (M&S/B) software. This

Having proper insurance limits is very

28

Between California Civil Code and an association’s governing documents,

software takes into account all site-specific

important for any community, as improper

information in order to predict the actual

limits can expose a community to great

replacement cost of a community’s

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

structure(s). The information that it takes

construction, seeing the report every year

or agent’s day, as it provides the perfect

into account for valuation includes, but is

will provide assurances to the board that

opportunity to flex their professional

not limited to:

the insurance limits are sufficient for 100%

muscles.

• Occupancy Type

replacement.

• Year Built

Insurance can certainly go a long

In addition to obtaining the M&S/B

way towards the preservation of property

• Building Mechanicals

report from the broker or agent, boards

values within a community association. Not

• Construction Type

should obtain the sources of information

only will a properly written policy assist in

• Geographical Location

that the broker or agent used to input into

satisfying eligibility requirements for federal

• Roofing Materials

the program. As there are a great number

lending to broaden the pool of potential

• Square Footage

of variables, the full replacement cost given

purchasers, but it can provide assurances

• Costs of Labor

by the report will only be as accurate as the

that property will exist to have value! After

• Site Preparation

information put into the program by the

all, a building that is rebuilt is far more

• Construction Quality

agent or broker.

valuable than one that is not rebuilt due to

• Costs of Materials

This may appear to be a burdensome

• Building Additions

insufficient limits of insurance.

task, but as a manager or board of directors, it is as simple as saying:

What Should an Association Do with this Information?

Every year, association boards should

“Dear Agent/Broker: Please provide the replacement cost report that you have completed for our property, as well as the

ask their insurance brokers or agents for

sources for the information you have used

a fully completed M&S/B report for their

to ensure a proper valuation.”

community. As the program is continually

or board may very well make a broker

updated to reflect site specific costs of

PETERS ATTORNEYS AT LAW

encinitas office

760 436 3441

Receiving this request from a manager

Brian A. Kalmenson is a Commercial Insurance Specialist for the Michael Abdou Insurance Agency, Inc., which insures over 200 community associations in San Diego County.

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29

W

hether your condominium is designed for entry level buyers, move up buyers or

downsizing retirees, financing will have a significant impact on the market value of individual units and on the pool of potential buyers that are able to qualify for those units. For many condominiums across the country the only financing available is conventional with significant down payments, often as much as 40% being required. In other words, a buyer for a $100,000 condominium would have to have cash of $40,000 just for the down payment. Additionally, funds would be needed for closing costs and prepaid items. In most cases these financial requirements are prohibitive and limit the pool of buyers who can purchase.

If, on the other hand, you were to obtain Federal Housing Administration (FHA) approval for the condominium, the required down payment would be

The Cure for Condominium Financing WOES

example, if the condominium was FHA approved, the $40,000 down payment would be reduced to $3,500. What is the marketing impact of this change?

According to a leading consulting firm who obtains FHA approvals for condominiums across the country, the potential and qualifying buyer pool is dramatically expanded for units with

By donna graf

FHA approval. When the buyer pool

“ The potential and qualifying buyer pool is dramatically expanded for units with FHA Approval. ”

30

significantly decreased. In the above

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

is expanded in this manner the market

FHA has various guidelines for insuring

those seeking to purchase condominiums.

price of the individual units may increase

condominiums.

While traditionally, FHA-insured mortgages

also. It just makes common sense – if

Obtaining FHA approval also provides

played a small role in the housing markets

there are more buyers competing for

potential resale value to your community.

(approximately 5 percent in 2007), that

the same product and that product is

With the recent market changes it has

number has increased significantly and in

limited in numbers, the price paid for that

become very difficult for potential buyers to

2011 was estimated to be between 30 and

commodity, in this case your condominium,

obtain loan approval. With FHA approval,

40 percent of all condominium mortgages.

may increase as well.

buyers have an additional resource that

What is FHA Mortgage Insurance?

FHA mortgage insurance is a policy that

As lenders continue to reexamine and

can be used to purchase a home in your

tighten lending criteria, qualifying for FHA

community.

mortgage insurance provides potential

FHA insurance is important to

buyers with an additional financing

preserving your property values, as it

option and, thus, makes units in your

protects lenders against some or most of

provides a mechanism to recover losses

condominium association marketable to a

the losses on a mortgage if the borrower

associated with default and ensures

larger pool of potential buyers. Additionally,

defaults on the mortgage. FHA insurance

a continuing flow of money into the

many lending institutions may underwrite

is typically required on mortgages where

mortgage markets.

non-FHA loans to FHA standards.

Why Should My Association Care about the FHA Requirements?

How Does the FHA Approval Process Work?

there is less than a 20% down payment. The insurance is funded by a fee on the overall mortgage amount and a small annual levy on the loan amount.

The FHA has insured mortgages on

This is an issue of interest for

With the new guidance issued in 2009, FHA ended the practice of allowing spot

single-family dwellings since 1934. FHA

condominium associations as FHA-insured

loan approvals in existing condominium

insurance protects lenders against losses

mortgages are playing an increasingly

projects and now require that condominium

by reimbursing them if borrowers default.

important role as a financing mechanism for

Continued on page 32

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

31

The cure Continued from page 31

projects apply and receive FHA approval prior to any buyer obtaining a FHA loan in that community.

Of the many types of mortgage insurance offered by FHA.com, FHA Condominium Loans are designed to encourage lenders to extend affordable mortgage credit to those who have non-conventional forms of ownership. The Section 234(c) program insures a loan for 30 years to purchase a unit in a condominium building. The building must contain at least four dwelling units and can be comprised of detached and semidetached units, row houses, walkups, or an elevator structure.

Through this and other types of mortgage

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insurance programs, FHA.com helps low and moderate-income families purchase homes with FHA loans by keeping the initial costs down. By serving as an umbrella under which lenders have the confidence to extend loans to those who

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may not meet conventional loan requirements, FHA loan insurance allows individuals to qualify who may have been previously denied for a home loan by conventional underwriting

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guidelines.

Increasingly, condominium associations are working directly with FHA to obtain approval for their associations or they may utilize an attorney, management company or project approval consultant in this process.

Why Don’t All Condominiums Obtain FHA Approval?

The answer is simple. Many cannot qualify, and many others don’t know that this alternative exists. There are certain requirements that must be met in obtaining FHA approval. There can only be a certain percentage of owners who

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S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

are delinquent on their monthly fees. Investor ownership is limited to a finite number. There are restrictions on rental rules and requirements regarding reserve funding. Visit CAIOnline.org for a complete listing of what is required for your community to become FHA approved.

Donna Graf is President of Graf & Associates, Inc. with offices located in Florida, providing FHA approval process services across the country.

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CAI-San Diego's first ever Managers Only program was a success! Managers learned how to advance their careers through education and obtaining CAI designations.

The next scheduled program will be held August 5. Check the chapter website for more details, www.cai-sd.org.

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33

By elizabeth hensley

“ in an effort to find some element of

calm during board meetings and improve the general communication and overall respect among directors, many boards have started adopting a ‘board member code of conduct’ to help guide the group as a cohesive unit. ”

Civility starts at the top

D

o you ever wonder if it is just you?

I was next in line at the check-out counter

of society, and is often magnified in a

Maybe I wasn’t driving fast enough

because I had turned to talk to my four-

homeowners association. There is no doubt

as I merged onto the freeway and

year-old who was asking for another bag of

that common courtesy must be the rule, not

the obscene gesture just received from

M&Ms. Or, maybe people are just as rude

the exception. Though we try to remember

the hotshot flying past me was somehow

as they seem.

to be cordial to our neighbors, most of us

warranted? Or, maybe it wasn’t obvious that

Incivility is rampant in all sectors

need a refresher on good old fashioned manners. After all, members of an association should be interested in maintaining camaraderie and civility in the community. Still, as we all know, folks get a rise out of torturing each other. What would a board meeting be without a bloodbath? Is it possible to be courteous to your neighbors at a board meeting? Can we effect change, implement a sound business plan and be respectful all at the same time? In society at large, civility starts at the top. Thus, an association’s board of directors should be a model for the entire membership when it

34

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

comes to working together and making the

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community peaceful and enjoyable for all of its residents.

In an effort to find some element of calm during board meetings and improve the general communication and overall respect among directors, many boards have started adopting a board member “Code of Conduct” to help guide the group as a cohesive unit. The Code can also be a useful tool to get the group on the same page, when one or two pesky directors insist on rocking the boat. The Code of Conduct is a simple list of do’s and dont’s that breaks

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down California law regarding fiduciary duties into laymen’s terms.

Jan Hickenbottom

PCAM, CCAM Vice President 4301 MacArthur Blvd.

Newport Beach, CA 92660 (800) 848-6771

Examples of Code of Conduct provisions are as follows: 1) Association board members shall respect the confidentiality of information exchanged in executive sessions. They shall

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Confidentiality is the hallmark duty of a board member, who acts in a fiduciary role with the power and authority to exercise discretion for the benefit of the entire

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group. The information known and received by a director should not fuel gossip or result in judgment of the parties involved.

2) Association board members may not attempt to exercise individual authority over the association. Each Board Member has the right to cast his or her single vote, but must accept the will of the majority of the board

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members.

Board members necessarily bring individual experience and opinions to the table, but must be flexible and gracious enough to listen, learn and adapt when faced with decisions championed by the majority of their peers. Petty squabbling

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diligent board. How many association

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CIVILITY starts at the top Continued from page 35

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3) Association board members shall base their decisions on the merits and substance of the matter at hand, rather than unrelated considerations.

It does not matter if the delinquent owner recently parked a brand new car in their driveway. Maybe it is a company car or a vehicle borrowed from a sibling.

It does not necessarily mean they have money hidden under a mattress and are withholding payment to the association out of spite.

4) Association Board Members shall not take any special advantage of services or opportunities for personal gain that are not available to all Association members.

They shall refrain from accepting any gifts or promises of future benefits which might compromise or give the appearance of compromising their independence of judgment or action.

Along with embezzlement and obvious financial conflicts of interest, personal advantage-taking and putting oneself ahead of ones neighbors are the cardinal sins every board member must take pains to avoid.

5) Association board members are required to abide by the same rules, restrictions, and provisions that apply to all other association members. They shall not receive any kind of special or preferential treatment or deferral of penalties based on their status as board members. At all times board members shall act in a manner which sets a good example for the community, and never act to a manner contrary to the policies, procedures, and rules that govern the association and its members.

Yet, board members are, after all, human, and bring to the board individual perceptions and attitudes which reflect a variety of upbringings, cultural influences and emotions that are sometimes difficult to push aside. The key is for board members to recognize their responsibilities as good neighbors and

36

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

model this behavior for the membership.

Board meetings should include lively debate and an exchange of ideas, not viral personal attacks that spread throughout the community. Board members should respect each other, even if they diametrically disagree. An attitude of compromise is essential to a community’s wellbeing.

After a reoccurring debate about the state of the economy and increasing the association dues, I recently had a very astute board president tell a member, “Do not divide this group.”

Doesn’t that say it all?

Elizabeth Hensley is a community manager at The Helm Management Co. located in La Mesa, California.

SAN DIEGO 2012 CAI-CLAC HONOR ROLL

By Sam Dolnick, CAI-CLAC Delegate-at-Large

The CAI-CLAC Honor Roll is being presented for the third year. All individuals involved in common interest communities, whether they are associations, homeowners, professionals, managers or business partners, who have contributed funds to CAI-CLAC in 2012 to assure that our voice is heard in the halls of the California legislature are to be congratulated. CAI-CLAC monitors legislation regarding common interest developments (condominiums, planned developments, stock cooperatives and community apartment projects) that the legislators are asked to deliberate and vote upon each year.

A heart felt thanks to all contributors. ABSOLUTELY NO FUNDS are given to any political party or to any candidate. All funds are used solely for issue oriented legislation affecting CIDs. However, our legislative advocate must be paid and items like stamps, stationery, phone calls, rent, maintenance of web site and other similar expenses must be paid.

2012 Goal = $25,084 • $500 collected to date. • Only $24,584 to reach goal.

Our thanks to the following contributors from January 1 -31, 2012.

Andalucia Townhomes HOA Anderson & Kriger Carmel Trails HOA Coronado Shores Condo Association #6 Fairfield HOA Fairway Pointe OA il Palio HOA Joel M. Kriger APC La Jolla Soledad West HOA Masters Hill OA Playmor Bernardo HOA Rock Springs East COA Rodent Pest Technologies SBS Lien Services Seacoast Commerce Bank Seven Oaks Management Corp No. 4 Stoneridge Chateaus HOA Vermont Villas Condo HOA Villa Marbella HOA Village Park Townhome Corp #3 Woodbridge Estates HOA

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37

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nchazin@apsmanagement.com

www.apsmanagement.com

Please see our ad on page 36 Curtis Management Company, Inc. Patrick S. Campbell, CCAM....... 877-587-9844

fax 858-587-9972

pcampbell@curtismanagement.com

www.curtismanagement.com

Please see our ad on page 24 S.H.E. Manages Properties, Inc. Karen Martinez, CCAM.....619-291-6300 x 320

fax 619-291-8300

karen@shemanages.com

www.shemanages.com

Please see our ad on page 36 Walters Management Joe Farinelli, PCAM.................. 858-495-0900

fax 858-495-0909

jfarinelli@waltersmanagement.com

www.waltersmanagement.com

Please see our ad on page 18

Consulting Curtis Management Company, Inc. Patrick S. Campbell, CCAM....... 877-587-9844

fax 858-587-9972

pcampbell@curtismanagement.com

www.curtismanagement.com

Please see our ad on page 24

Construction Management Sullivan Construction Management Pat Sullivan................................. 619-722-7580

fax 866-306-6804

pat@patsullivancm.com

Please see our ad on page 12

Curtis Management Company, Inc. Patrick S. Campbell, CCAM....... 877-587-9844

fax 858-587-9972

pcampbell@curtismanagement.com

www.curtismanagement.com

Please see our ad on page 24 First Bank Jan Hickenbottom, PCAM....... 800-848-6771

fax 949-477-0255

Jan.hickenbottom@fbol.com

www.FirstBankHOA.com

Please see our ad on page 35 Mutual of Omaha Bank / CondoCerts Cyndi Koester, PCAM............... 949-235-8498

fax 888-493-1973

ckoester@cabanc.com

www.cabanc.com

Please see our ad on page 8 Pacific Western Bank Tom Cheek................................. 760-432-1335

fax 760-432-1339

tcheek@pwbonline.com

www.pwbonline.com

Please see our ad on page 26 Popular Association Banking Larry Hooper.............................. 714-864-5171

fax 714-864-5190

lhooper@bpop.com

www.bpop.com

Please see our ad on page 37 Seacoast Commerce Bank Ken Carteron............................. 760-803-9541

fax 760-301-0046

kcarteron@sccombank.com

www.sccombank.com

Please see our ad on page 14 Union Bank Michelle Hill, CTP...................... 951-245-1344

fax 800-791-9010

michelle.hill@unionbank.com

www.unionbank.com

Please see our ad on page 5

Fencing/Gates Fenceworks Tom Barrett................................ 760-724-8131

fax 760-724-8483

tbarrett@fenceworks.us

www.fenceworks.us

Please see our ad on page 15

Ward & Hagen, LLP Kirk Yake, Esq............................ 858-847-0505

fax 858-847-0105

kyake@wardhagen.com

www.wardhagen.com

Please see our ad on page 32

38

Financial Services

S U MME R 2 0 1 2 • C o m m o n A s s e s s m e n t Ma g a z i n e

INSURANCE Berg Insurance Agency, Inc. Michael Berg, CIRMS................ 800-989-7990

fax 949-586-9877

michael@berginsurance.com

www.berginsurance.com

Please see our ad on page 39

Landscape Maintenance and/or Construction Pacific Green Landscape, Inc. Heather Collins.......................... 619-390-9962

fax 619-390-0865

heather@pacificgreenlandscape.com

www.pacificgreenlandscape.com

Please see our ad on page 33 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 35 TVRI Mimi Cortes............................... 760-696-0687

mimi@tvri.com

www.tvri.com

Please see our ad on page 12

Roofing

Towing

Premier Roofing Bill Capito.................................. 619-667-4565

fax 619-667-1281

billc@premierroofingca.com

www.premierroofingca.com

Please see our ad on page 13

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

fax 619-296-2822

denisetb@westerntowing.com

www.westerntowing.com

Please see our ad on page 36

Security Services

Water Submetering

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

fax 619-230-6610

dmitriyt@baldeaglesecurity.com

www.baldeaglesecurity.com

Please see our ad on page 32

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

fax 858-571-4470

robert@calsubmeter.com

www.calsubmeter.com

Please see our ad on page 5

Maintenance & Repair ProTec Building Services, Inc. Julie Villelli................................. 858-569-1080

fax 858-569-1088

jvillelli@protecbsi.com

www.goprotec.com

Please see our ad on page 13

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

fax 858-277-2212

jpayne@paynepestmgmt.com

www.paynepestmgmt.com

Please see our ad on page 27

Reserve Studies Association Reserves San Diego LLC Matthew Swain, RS................... 619-567-5239

fax 619-568-3564

mswain@reservestudy.com

www.reservestudy.com

Please see our ad on page 11

Providing Community Associations with Insurance Solutions BERG INSURANCE AGENCY, INC.

23651 Birtcher Dr., Lake Forest, CA 92630 5055 Avenida Encinas, Suite 100, Carlsbad, CA 92008 800.989.7990 phone 949.586.9877 fax

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

fax 858-457-2211

lens@sonnenbergcpas.com

www.sonnenbergcpas.com

Please see our ad on page 27

C o m m o n A s s e s s m e n t Ma g a z i n e • S U MME R 2 0 1 2

39

Marketing Plan Members

Platinum

GOLD Animal Pest Management Bald Eagle Security Clean Earth Restorations Fenceworks

Mutual of Omaha Bank/ CondoCerts Nautilus General Contractors, Inc. Premier Roofing CA, Inc.

RSI Roofing Seacoast Commerce Bank Universal Protection Services Western Towing

BRONZE Arborwell

Law Offices of Richard Salpietra

ProTec Building Services Rodent Pest Technologies

Artistic Maintenance

Mt. Helix Pest & Termite Control

Association Reserves San Diego, LLC

N.N. Jaeschke, Inc.

Sky Security Services

AV Builder Corp

O’Connell Landscape Maintenance

Sullivan Construction Management

Behr Process Corporation

Pacific Green Landscape

Summit Security

Fenton Grant Mayfield Kaneda & Litt, LLP

Payne Pest Management

Union Bank

Popular Association Banking

US Bank

First Bank

Pro-Tech Painting