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Common WINTER 2009

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

C r e at i n g B a l a n c e & W e l l b e i n g

in

Your Life

THE IMPACT of trees pg. 6 2009 GOLF CLASSIC pg. 26 IRONMAN and beyond pg. 40 Common Assessment Magazine • Winter 2009

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2010 EVENT CALENDAR All dates, times and locations subject to change. Please visit our website, www.cai-sd.org, for an updated calendar.

J A N U A RY

JULY

21-23 21-23

21

PMDP M-100 Course CA Law Seminar – Tucson, AZ

F E B R U ARY 5 27

Trade Show DoubleTree Hotel Mission Valley Legal Update 2010 Essentials of Community Association Volunteer Leadership

AUGUST TBA 27

Day at the Races Del Mar Trade Show DoubleTree Hotel Emergency Preparedness

MARCH

SEPTEMBER

TBA 3 26

10 17 22-23 22-25

Billiards Tournament Jolt ‘n Joes La Mesa Morning Educational Program Topic TBA CID Law Course Courtyard by Marriott

12 Legislative Day in the Capitol Sacramento, CA 16 Educational Conference & Trade Show DoubleTree Hotel Topics TBA 28-May 1 CAI National Conference Las Vegas, NV

1 TBA 9 14-15 29

APRIL

Morning Educational Program Topic TBA CAI San Diego Golf Classic Coronado Golf Club PCAM Case Study Large Scale Managers Workshop Reston, VA

OCTOBER

M AY

CID Law Course Courtyard by Marriott Trade Show Topic & Location TBA Essentials of Community Association Volunteer Leadership M-320 – High Rise Management Statewide CAI Law Conference Location TBA

TBA 21

Monte Carlo Night Kona Kai Resort Morning Educational Program Topic TBA

2

Trade Show Topic TBA DoubleTree Hotel

DECEMBER

24-26

CEO-MC Retreat Location TBA

3

JUNE

2

Morning Educational Program Getting the Most Out of Your CAI Membership Courtyard By Marriott

Winter 2009 • Common Assessment Magazine

NOVEMBER 5

Morning Educational Program Topic TBA Courtyard by Marriott

18-19

PMDP M-203 Course

Holiday Award Banquet Luncheon & Trade Show DoubleTree Hotel Mission Valley


Contents Page 6

Features 6 The Impact of Trees

BY JEAN-MARIE SALVIA, CCAM, CMCA, AMS

BY DR. PIA MARTIN, DC

12 Creating Balance and Wellbeing in Your Life 16 Time Well Spent

20 Regulating the Use of the Fitness Room

BY JAMES F. DANOW, ESQ.

BY JASON GOLEC, BS, MBA

BY ELAINE GOWER

24 Choosing the Right Fit for Fitness 31 Ironman and Beyond 36 Top 10 Secrets to Total Unfitness

BY CHRISTINE BURKE, CPT, LWMC

40 Building Community

46 Beautiful Skin In No Time

BY DEBORAH BENNETT

Departments 2 2010 Chapter Event Calendar 4 President’s Message

BY RICHARD SALPIETRA, ESQ.

23 New and Renewing Members 30 Homeowners Corner: Difficulties Amending the Declarations?

Help May be Available

BY SAM DOLNICK

34 Newsstand

50 What’s New in San Diego?

Chapter News

26 September 2009 Annual Golf Classic at Coronado 51 August 2009 Day at the Races 51 August 2009 Trade Show

38 CLAC Donations Honor Roll 48 Service Directory

Page 26

BY CINDY COLLINS, CCAM, PCAM

Page 36

Common Assessment Magazine • Winter 2009

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PRESIDEN T ’ S

M E S S AG E

Common

EXECUTIVE COMMITTEE

So Long, Farewell, Goodbye...

RICK SALPIETRA, ESQ........................................................... PRESIDENT Law Offices of Richard Salpietra CHRIS HODGE, PCAM................................................ PRESIDENT ELECT Elite Community Management LOUISE STETTLER......................................................... VICE PRESIDENT Epsten Grinnell & Howell, APC

Richard Salpietra is an attorney whose law firm’s emphasis is community association law, real estate and construction law. He is a member of the College of Community Association Lawyers (CCAL). He is also a licensed architect in the States of California, Nevada and Florida, and is a licensed general contractor in California. Mr. Salpietra is the 2009 President of the CAI San Diego Chapter. He previously served on the Board of Directors for six years and was the President in 2003. He has served on various committees, and has been a presenter at many chapter events. He is also a director of the Baker/Dolnick Education Foundation. Mr. Salpietra has been awarded the CAI–San Diego Chapter's Sam Dolnick Lifetime Achievement Award for his extensive service to the Chapter.

This is my last message as President of CAI, and it is bittersweet. A lot has happened over the past year, and I would like to thank those responsible. First, thank you to Barbara Ozenbaugh, our Executive Director, and April Baldwin, her assistant. Barbara, your tireless support and organizational skills helped make this year a resounding success in many ways. April’s efforts must be recognized as well. Thank you to each member of the Board of Directors. We have accomplished many things with the professionalism and proficiency of which we should all be proud. Thank you to our committee chairs and their members. Without their effort and dedication to CAI, nothing would get done. I would like to express a special thank you to all those who sponsored and supported the programs and events throughout the year. This year, CAI has increased its membership and held a very respectable retention rate. We have had more sponsors support more programs than past years, even in the midst of challenging economic times. Our events have raised enough money to put us on very solid financial ground which will sustain the viability of CAI-San Diego Chapter. We have also been very successful in increasing our manager and homeowner participation in events and programs. As my presidency ends, I now hand the baton to Chris Hodge as next year’s president. I am confident he will be an outstanding leader. Although I may not be in the boardroom or at the podium anymore, I plan to support CAI and its programs for a long time to come. I’ll see you at the next event... so long, farewell, goodbye.

CYNDI KOESTER, PCAM...................................................... TREASURER Community Association Banc MARIE DONOVAN................................................................SECRETARY Homeowner DIRECTORS DAVE ABRAMS.......................Community Association Manager Member JIM FRAKER, PCAM...........................Professional Community Management ELIZABETH FRENCH, ESQ................................. Green, Bryant & French, LLP ELAINE GOWER....................................................................... Homeowner KIMBERLY LILLEY.............................................. Berg Insurance Agency, Inc. JASON PAYNE.................................................. Payne Pest Management TINA ROZYCKI.........................................................Curtis Management KARINA TATUM.........................................SD Preferred Property Managers RAY WAITE.............................................................................. Homeowner

CHAPTER EXECUTIVE DIRECTOR BARBARA OZENBAUGH, CMP 619-299-1376 MANAGING EDITOR BARBARA OZENBAUGH, CMP 619-299-1376 NEW & RENEWING ADVERTISING SALES BARBARA OZENBAUGH, CMP 619-299-1376 DESIGN & PRODUCTION KRISTINE GAITAN REY ADVERTISING & DESIGN 760-746-8700 MAGAZINE EDITORIAL COMMITTEE CYNDI KOESTER, PCAM, CCAM, CHAIR......Community Association Banc KIMBERLY LILLEY................................................ Berg Insurance Agency JIM DANOW, ESQ.....................................Epsten Grinnell & Howell, APC SAM DOLNICK.................................................................... Homeowner JEFF FRENCH, ESQ...................................... Green, Bryant & French, LLP LAURIE POOLE, ESQ........................................... Peters & Freedman, LLP BARBARA OZENBAUGH, CMP....................... Chapter Executive Director TINA ROZYCKI.........................................................Curtis 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. 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.”

© 2009 CAI - San Diego Chapter

ADVERTISING & CORRESPONDENCE SHOULD BE SENT TO: Common Assessment Magazine CAI - San Diego Chapter 1081 Camino Del Rio South, Suite 207 San Diego, CA 92108 619-299-1376 / fax 619-299-1377 / www.cai-sd.org

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Winter 2009 • Common Assessment Magazine


merit Property management We’ve Grown. We’ve Moved. We remain a small company at heart delivering professional services, locally. Our San Diego office is now more centrally located to better serve all clients within San Diego County. 5473 Kearny Villa Road, Suite 200, San Diego, CA 92123 Phone: (858) 457-0200 or toll free at (800) 527-3914 MERIT is built on a foundation of providing personalized service for the communities we serve, no matter how small or large. We design our services to fit your needs, from the complex to the simple. Serving the San Diego community for over 25 years. Managing master planned, single family home/condominiums, active adult, and urban high- and mid-rise communities.

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Common Assessment Magazine • Winter 2009

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The Impact of

By Jean-Marie Salvia, CCAM®, CMCA®, AMS®

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Winter 2009 • Common Assessment Magazine


If a tree falls in a homeowners association, and no one is around to hear it, does it make a sound? Most communities in Southern California have views, whether they are ocean, golf course, hillside, city lights or desert vistas. There are premiums associated with these views, and in today’s market, homeowners are doing what they can to preserve home values and enjoy their living environment. Unfortunately, the problems that arise from preserving views are multifold. Views are subjective. One person’s beautiful tree is another’s view obstruction. Homeowners often rely on others to preserve their views, and when it comes to the role of the homeowners association, the board of directors must be careful to make decisions that are not in conflict with the documents that govern the association. As a result, when the issue of trees vs. views arise in a community, emotions rise, the community divides, and the board ends up stuck somewhere in the middle. A DIVIDED COMMUNITY When it comes to trees and views, there are community members who want to remove trees to preserve views while others rely on the same trees for privacy. The strong opinions and emotional ties to trees and views often lead to bullying tactics, fears, and desperate actions. Residents have been known to cut down trees in the middle of the night or point to the trees as fire hazards. Interestingly, these homeowners may have fire hazards within their own yards, but they

are confident that if the one tree that happens to block their view was removed, their home would be safe from any threat of fire. And, while the person on the top of the hill is poisoning, topping and removing trees, the neighbors below are demanding the trespasser is dragged off to a holding cell until a punishment that suits the crime can be established (this really happens!). As the community divides, the actions of the board and manager can have a significant impact. They either bring the group back together or create a lasting rift. THE ROLE OF THE BOARD As with all association-related issues, the board of directors must be prudent and thoughtful in its actions. When considering the impact of views and tree removals: • Be familiar with the documents. CC&Rs often prohibit the association from preserving views while others may protect views for certain lots, such as those adjacent to golf courses and water. If the board is unsure when reviewing the documents, consult with legal counsel. • Confirm that a proposed policy to address view concerns is not in conflict with the CC&Rs or original city approvals for the community. • Be as objective as possible and rely on the documents for the association as well Continued on page 8

Common Assessment Magazine • Winter 2009

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The Impact of Trees Continued from page 7

as government agencies and industry experts. It is much easier to support a decision to remove a tree if the fire department requested it or if an arborist reported it was infested. • Be consistent when enforcing restrictions and following up with alleged violations. Consider an enforcement and fine policy that is specific for trespassing and altering common area. The threat of a $50 fine may motivate a homeowner to drag those empty trash cans into the garage, but a $50 fine for removing a tree from the common area is a small price to pay to preserve a $100,000 view premium. Simply put, the punishment should fit the crime. • Focus on association–related issues and not neighbor-to-neighbor disputes. It is not the board’s responsibility to intervene on a

dispute between two adjacent lots if there is not a violation of the association’s governing documents. THE ROLE OF THE MANAGER Both the board of directors and the individual community members rely on the manager to facilitate the discussions and actions related to community issues. When an emotional issue arises, the manager may be the only objective party initially involved. Tips for managers include: • Do not choose sides or openly share personal opinions regarding the issue. • Be sensitive to the emotional impact the issue has on the board and community members while encouraging them to rely on the governing documents and legal restrictions for the community. • Take time to listen to both sides of the issue and offer suggestions to diffuse disputes. Encourage neighbors to talk with each other

Accept No Substitutes

and ask them to be part of the solution. • Document all violations related to the issue with details and photographs. Follow-up with homeowners and the board as soon as an alleged violation presents itself. • Ensure that any safety issues are addressed by confirming all brush management requirements are met and landscaping is properly maintained. If appropriate, consider inviting the fire marshal to inspect the common areas and provide a report that confirms the association is meeting all fire code restrictions. • Encourage the board to solicit support from experts, including legal counsel, landscape architects, arborists and safety engineers. WORKING TOGETHER It is important that both the board and the manager acknowledge the Continued on page 10

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Winter 2009 • Common Assessment Magazine

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The laws pertaining to common interest developments are constantly changing. You either keep afloat or you sink in a turbulent sea of legislative change. Epsten Grinnell & Howell makes it a practice to throw a lifeline to Community Association Managers and Board Members by keeping them constantly informed through learning tools such as these: • Community Association Legal Resource Book • Annual Symposium • Seminars • Client Advisories • Boot Camp for Board Members • Authored Articles for Industry Publications and more. We work hard to provide our clients a safe harbor. If your Association is in need of a lifeline, we’re prepared to come to its rescue.

San Diego County • Greater Inland Empire • Imperial Valley Coachella Valley • Southern Orange County Continued on page 10 Common Assessment Magazine • Winter 2009

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The Impact of Trees Continued from page 8

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concerns of the community and take action that helps diffuse disputes and encourages members to be an effective part of the solution. Consider the following: • Hold a special meeting that is focused on listening to concerns and brainstorming solutions regarding the issue at hand. • Appoint a new committee to address the tree and/or fire safety issue. This action sends a message that the issue is important to the association and encourages members to actively participate in resolving it. • Distribute educational articles to help keep members informed on the role of the association, the bounds of the governing documents and the actions the board is taking. • Schedule public forums with government agencies, such as the fire department, to address and disseminate information regarding safety concerns. Rather than dividing a community, a hot topic such as trees and views can present an opportunity to bring the community together and remind members of the benefits of living in a homeowners association. So, if a tree falls down in a homeowners association, does it make a sound? If the tree doesn’t impact a view, then maybe not. But if it does, the board and manager can work together to validate concerns and maintain unity. You are not always able to protect a view, but the value of community is just as important. And that’s a sound worth waiting for. Jean-Marie Salvia, CCAM®, CMCA®, AMS® is a Regional Manager for Walters Management.

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Winter 2009 • Common Assessment Magazine


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Common Assessment Magazine • Winter 2009

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By DR. PIA MARTIN, DC

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Winter 2009 • Common Assessment Magazine


THE BEST WAY TO RESPOND TO LIFE’S STRESSORS IS to keep OUR LIves IN BALANCE. Life is full of things we call stressors. They can range from challenges at work, our relationships, our family circumstances, commutes to and from work, our health, the environment and finally the stressor that is affecting all of us during these present times, our finances. One thing is certain: life’s stressors will more than likely keep coming at us, however we do have control over how we respond. The best way to respond is by keeping our lives in balance. So what does that mean? Imagine if you had a wheel and the wheel had eight spokes and inside each of these spokes was a segment of your overall well-being. If in any one of these segments you had a challenge or struggles it can throw off the balance of the entire wheel of wellness. Slowly and over time an imbalance can start to affect other areas of your life, and the by-product is chronic stress and adverse health problems. The secret to maintaining a balanced and healthy life is that you need to do a little healthy maintenance in all areas of your life everyday. That way when life comes at you hard you are in the best shape to handle it. THE EIGHT WELLNESS PRINCIPLES FOR CREATING BALANCE AND OPTIMAL HEALTH Eat Well – Start the day with a healthy breakfast. Eat plenty of fresh fruit in the morning and fresh vegetables at every meal. Eat lean, free range or wild protein. Good choices are: Wild Atlantic salmon, organic sources of chicken and eggs. Aim to eliminate all packaged or processed foods from your diet. The body needs nutrients it recognizes to repair and rejuvenate. Enjoy a variety of whole foods so that you have a balance of nutrients. Drink Continued on page 14

Common Assessment Magazine • Winter 2009

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brings. Use this sense of peace and understanding when you have an angry homeowner who has a short fuse and know that they want to just be heard. Try not to take it personally. Sleep well – The body needs to repair and regenerate. Aim to get 7-8 hours of restful sleep everyday. Make your bedroom a place of rest and peace. If you are going to bed late, aim to go to bed one-half hour earlier each night until you are getting 7 to 8 hours sleep. The bedroom is for sex and sleep!

plenty of water. Most people do not drink enough! Cut out sodas, as they have no nutritional value and add plenty of calories to our daily intake. Work Well – Are you excited and ready to go to work each day? Does your job satisfy you? Do you feel like you make a contribution? Are you are workaholic or do you live paycheck to paycheck? If you answered yes to any of the above you need to make changes. It is difficult in these times to be positive I know, but don’t buy into it. If you decide to, you can view everything from the perspective of the glass is half full. Make it a goal to be best and what you do everyday. If you can’t change your situation right now, make a plan and take baby steps, like enrolling in a course, or paying down debt etc. Don’t 14

let these times paralyze you, take action! Love Well – It is so important to your well being to have meaningful relationships in your life. Tell people you care for that you love them and tell them often. It’s the little things each and every day that make your relationships special not the big grand gestures. Call people that you haven’t spoken to in a while and reconnect. Loving well also means to love you. If you always put yourself last on the list, put your self back on top of the list and make yourself a priority. Pray Well – A spiritual influence in your life grounds you when things are out of control. Your spiritual connection could be church on Sundays, meditation, or daily affirmations. Enjoy the sense of peace and purpose the connection

Winter 2009 • Common Assessment Magazine

Move well – Physical inactivity has been associated with a number of debilitating medical conditions the world over. Exercise appears to be especially effective in improving your health status in six disease specific areas: heart disease, hypertension, obesity, diabetes, osteoporosis, depression and anxiety. Regular exercise is a great way to burn calories, release endorphins and help to maintain or lose weight. Great ways to exercise are walking, jogging, swimming, climbing and biking. To make exercise more enjoyable and a part of your daily routine, invite a friend along, listen to music, or include your family. Aim to get 45 minutes of exercise at least 5 days a week, It can be walking, dancing, yoga, running, martial arts, etc. Do stretch well after your workouts to avoid stiffness and injury. Moving well keeps the body running like a well-oiled machine. Motion brings fresh blood and oxygen to the joints and ligaments, and being strong and flexible is best antiaging treatment there is! Well Adjusted – Stress and the effects of stress kill more people than anything else. One of the coping mechanisms is a properly functioning nervous system. The nervous system affects every cell in your body and the best person to help you get your health back on track is your chiropractor.


Think Well – Is your inner dialogue positive? Is the glass half full? Are you open to new ideas and experiences? Do you look in the mirror before you blame others or events? If you said yes to the above you are doing great. If not, your wellness wheel is out of balance. This is often the most difficult section of the wheel to keep in balance. The good news is that if you move well, sleep well, eat well, love well, work well, pray well, and think well you have a better chance of handling what life throws at you. Learn from our current economic woes and know that everything you do today affects your tomorrow. Take control and be in the driver’s seat, invest in yourself and your wellbeing so you can enjoy the health you deserve. Dr. Pia Martin DC, is the owner of Cre8wellness. She writes health-related articles for various outlets and continually adds new information to her website, www.cre8wellness.com

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Common Assessment Magazine • Winter 2009

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time

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well

Winter 2009 • Common Assessment Magazine

spent


SPEND TIME PLANNING AND ORGANIZING. Using time to think and plan is time wellspent. In fact, if you fail to take time for planning, you are, in effect, planning to fail. Organize in a way that makes sense to you. If you need color and pictures, use a lot on your calendar or planning book. Some people need to have papers filed away; others get their creative energy from their piles. So forget the “shoulds” and organize your way. SET GOALS Goals give your life, and the way you spend your time, direction. When asked the secret to amassing such a fortune, one of the famous Hunt brothers from Texas replied: “First you’ve got to decide what you want.” Set goals which are specific, measurable, realistic and achievable. Your optimum goals are those which cause you to “stretch” but not “break” as you strive for achievement. Goals can give creative people a much-needed sense of direction. PRIORITIZE Use the 80-20 Rule originally stated by the Italian economist Vilfredo Pareto who noted that 80 percent of the reward comes from 20 percent of the effort. The trick to prioritizing is to isolate and identify that valuable 20 percent. Once identified, prioritize time to concentrate your work on those items with the greatest reward.

Prioritize by color, number or letter — whichever method makes the most sense to you. Flagging items with a deadline is another idea for helping you stick to your priorities. USE A TO DO LIST Some people thrive using a daily To Do list which they construct either the last thing the previous day or first thing in the morning. Such people may combine a To Do list with a calendar or schedule. Others prefer a “running” To Do list which is continuously being updated. Or, you may prefer a combination of the two previously described To Do lists. Whatever method works is best for you. Don’t be afraid to try a new system — you just might find one that works even better than your present one! BE FLEXIBLE Allow time for interruptions and distractions. Time management experts often suggest planning for just 50 percent or less of one’s time. With only 50 percent of your time planned, you will have the flexibility to handle interruptions and the unplanned “emergency.” When you expect to be interrupted, schedule routine tasks. Save (or make) larger blocks of time for your priorities. When interrupted, ask Alan Lakein’s crucial question, “What is the most important thing I can be doing with my time right now?” to help you get back on track fast. Continued on page 18

Common Assessment Magazine • Winter 2009

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Time Well Spent Continued from page 17

CONSIDER YOUR BIOLOGICAL PRIME TIME That’s the time of day when you are at your best. Are you a morning person, a night owl or a late afternoon whiz? Knowing when your best time is and planning to use that time of day for your priorities (if possible) is effective time management.

DO THE RIGHT THING RIGHT Noted management expert Peter Drucker says “doing the right thing is more important than doing things right.” Doing the right thing is effectiveness; doing things right is efficiency. Focus first on effectiveness (identifying what is the right thing to do), then concentrate on efficiency (doing it right).

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Winter 2009 • Common Assessment Magazine

ELIMINATE THE URGENT Urgent tasks have short-term consequences while important tasks are those with long-term, goal-related implications. Work towards reducing the urgent things you must do so you’ll have time for your important priorities. Flagging or highlighting items on your To Do list or attaching a deadline to each item may help keep important items from becoming urgent emergencies. PRACTICE THE ART OF INTELLIGENT NEGLECT Eliminate from your life trivial tasks or those tasks which do not have longterm consequences for you. Can you delegate or eliminate any of your To Do list? Work on those tasks which you alone can do. AVOID BEING A PERFECTIONIST In the Malaysian culture, only the gods are considered capable of producing anything perfect. Whenever something is made, a flaw is left on purpose so the gods will not be offended. Yes, some things need to be closer to perfect than others, but perfectionism, paying unnecessary attention to detail, can be a form of procrastination. CONQUER PROCRASTINATION One technique to try is the “Swiss cheese” method described by Alan Lakein. When you are avoiding something, break it into smaller tasks and do just one of the smaller tasks or set a timer and work on the big task for just 15 minutes. By doing a little at a time, eventually you’ll reach a point where you’ll want to finish. LEARN TO SAY “NO.” Such a small word — and so hard to say. Focusing on your goals may help. Blocking time for important, but often not scheduled, priorities such as family and friends can also help.


But first you must be convinced that you and your priorities are important — that seems to be the hardest part in learning to say “no.” Once convinced of their importance, saying “no” to the unimportant in life gets easier. REWARD YOURSELF Even for small successes, celebrate achievement of goals. Promise yourself a reward for completing each task, or finishing the total job. Then keep your promise to yourself and indulge in your reward. Doing so will help you maintain the necessary balance in life between work and play. As Ann McGee-Cooper says, “If we learn to balance excellence in work with excellence in play, fun, and relaxation, our lives become happier, healthier, and a great deal more creative.”

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Common Assessment Magazine • Winter 2009

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fitness room

REGULATING THE

USE OF THE

By james F. Danow, Esq.

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Winter 2009 • Common Assessment Magazine


SINCE SAFETY IS IMPORTANT, USE OF THE FACILITIES SHOULD BE LIMITED TO PERSONS WHO CAN USE THEM IN AN APPROPRIATE MANNER.

If your association has a weight or fitness room, or something similar which is not appropriate for everyone, then it will be important that your rules and regulations are carefully selected. The objective is to both ensure the safety of the residents, yet also provide everyone with a fair opportunity to use the facilities. Strenuous exercise is not appropriate for everyone. Accordingly, it is advisable to “recommend” that all persons using the facilities first consult with their physician to ensure that it is appropriate to use such facilities. Some may well be advised not to use such facilities. Since safety is important, use of the facilities should be limited to persons who can use them in an appropriate manner. For example, the following restriction might be appropriate: “All persons using the fitness room must demonstrate they are capable of using it in a safe,

responsible and appropriate manner, or are accompanied by a person capable of assuming full responsibility for their safety and activities.” This will hopefully keep out persons who are unfamiliar with the use of fitness equipment, and therefore more likely to be injured. As most people familiar with community association law know, it is not legal to discriminate against children. There are, however, express exceptions concerning swimming pools and spas. If you arbitrarily choose an age, and prohibit everyone under that age from using certain equipment, you risk a challenge to your rule on the grounds of discrimination. Both the state and federal governments have agencies which investigate charges of discrimination. That is why it is better, whenever the law is not entirely clear, to use criteria other than age for your rules on who may use the facilities. By using the language Continued on page 22

Common Assessment Magazine • Winter 2009

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Regulating the Use of the Fitness Room Continued from page 21.

in the proceeding paragraph, you will exclude anyone, regardless of age, who should not be using the equipment. Other precautions to consider include: signage warning of the dangers and asking each person to learn how to use the equipment before they attempt to do so; implementing an inspection and maintenance program to ensure the equipment is always safe and in good operating order; and attempting to shift risk onto the users by either asking persons to sign a release of liability, or by posting a conspicuous waiver and release of liability in the fitness room. For those seeking more information on protecting the members of the association from injury and liability, we recommend speaking to those who install, maintain and teach the use of fitness equipment. James F. Danow, Esq. is an attorney with Epsten Grinnell & Howell, APC.

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Winter 2009 • Common Assessment Magazine


N E W

M E M B E R S

We welcome our new chapter members. We look forward to your involvement in our local chapter! Veronica Karna........................................................... 8/1/2009 Tawny Tallinghast, CMCA ...........................................8/1/2009 Building Resource Management, Inc ...........................8/1/2009 Dicks Coglianese, Lipson & Shuquem ....................................... Dillingham and Associates.......................................... 8/1/2009 Peri Urvek ...................................................................8/1/2009 Gafcon, Inc. . ..............................................................7/1/2009 Gianni at 4S Ranch HOA ............................................8/1/2009 Martha Perkins ...........................................................7/1/2009 Kingsley McLaren .......................................................8/1/2009 Susan Armijo.............................................................. 7/1/2009

RE N E W I N G

Pioneer Security Services, Inc ......................................7/1/2009 Pool Surfacing 2000 ...................................................8/1/2009 Retrofit Landscapes ....................................................7/1/2009 Safeguard Info Services/Quickpass.............................. 7/1/2009 Service Master ............................................................8/1/2009 Teserra . ......................................................................7/1/2009 Rachal Langen ............................................................9/1/2009 West Coast Management Firm.....................................7/1/2009

M E M B E R S

Thank you to our chapter members that have renewed their CAI membership. We appreciate your continued support and participation in CAI-San Diego. Pat Baker............................................................................. 1998 Richard Ball.......................................................................... 1990 Albert Schnepf..................................................................... 2001 Ann Weatherby................................................................... 2008 Artistic Maintenance, Inc..................................................... 2005 Aztec Landscaping, Inc....................................................... 2001 Richard Shannon ................................................................ 2007 Shari Wiedrich .................................................................... 2007 Kimberly Johnson, CMCA . ................................................. 2005 Commercial & Industrial Roofing Co. .................................. 1996 Larry Peterson . ................................................................... 2001 Dennis Brokaw, AMS .......................................................... 1994 Cortina Owners Association . .............................................. 2008 DM Construction Services . ................................................. 2006 Dynamix Painting, Inc. ........................................................ 1999 East Lake l Community Association..................................... 1990 Dawn Walters, CMCA, AMS ............................................... 2005 Escondido Village HOA ....................................................... 2006 Four Seasons Tree Care, Inc. ............................................... 2007 G4S Wackenhut-San Diego.................................................. 2006 Garden Villas Association . .................................................. 2002 General Coatings Corporation ............................................ 1995 Robert Griswold, PCAM . .................................................... 2006 Hersum Construction, Inc. .................................................. 2006 Konecki Insurance Brokerage .............................................. 2008 La Costa Cay HOA . ............................................................ 2008 Will Smyth . ........................................................................ 1981 Denton Honodel ................................................................. 2007 Lopez La Paloma . ............................................................... 2005 Landscapes USA, Inc. . ........................................................ 2001 Landsystems ....................................................................... 2002 Law Offices of Luis E. Ventura ............................................ 2009 Le Parc Chateau ................................................................. 1999 M & M Builders and Son .................................................... 2003 Mailboxes R Us ................................................................... 2009 Quentin Yates, CCAM, PCAM ............................................ 2005 Merino Landscape, Inc. . ..................................................... 2008 Cindy Collins, CMCA, AMS, PCAM .................................... 2005 Mission Village Condo Assoc. ............................................. 1996 David Hughes ..................................................................... 2006 Mt. Helix Pest & Termite Control . ....................................... 2000 N.C. Dundas and Associates ............................................... 1992 Gina Falcon-Heneghan ....................................................... 2007 NCB- National Cooperative Bank ........................................ 2004 New Way Landscape & Tree Services, Inc. ........................... 1993 Pacific Western Bank.......................................................... 2004 Charles Mullins ................................................................... 2006

Nancy Unfried..................................................................... 2006 Park West HOA................................................................... 2008 Larry Demry, CCAM, CMCA, AMS . .................................... 2005 Premier Roofing CA, Inc..................................................... 1994 Prendiville Insurance Agency ............................................... 2006 Becky Groenewold, CCAM, CMCA, AMS........................... 1987 Dee Dee Stephens .............................................................. 2006 Professional HOA Consultants, Inc. ..................................... 1988 Teresa Prescher, CMCA ....................................................... 2005 Property Management Consultants, Inc. ............................. 1989 Hugh Maynard, CMCA ....................................................... 2005 Rancho La Cima Estates H.O.A., Inc. . ................................. 1991 Tina Baldwin, CMCA .......................................................... 1988 Carol Johnson .................................................................... 2008 Renaissance La Jolla Comm. Assn. ...................................... 2002 Leonard O’Reilly, CMCA, AMS ............................................ 2005 Salviati HOA ....................................................................... 2001 San Elijo Hills Community Association . ............................... 2002 San Miguel IV ..................................................................... 2008 Sea Point Townhomes Community Association ................... 1979 ServiceMaster Clean Absolute Water & Fire Damage Services ........................ 2007 Site Plan Advantage . .......................................................... 1993 Steven Smith Landscape, Inc. . ............................................ 1996 Maria Armas . ..................................................................... 2008 Lauren DeGuzman . ............................................................ 2008 The Bridges Community Assoc............................................. 2001 The Landing HOA ............................................................... 1995 Debra Weikel, CMCA, AMS, PCAM .................................... 2005 The Prescott Companies ..................................................... 1992 The Villas of Calavera Hills .................................................. 2007 Top Notch Construction & Maintenance, Inc. . .................... 2004 TruGreen Landcare ............................................................. 2002 Wendy Leicht ..................................................................... 2008 US Bank ............................................................................. 1990 Barry Burzo, CCAM, PCAM ................................................ 2005 Liza DeJesus, CMCA........................................................... 2007 Walters Management ......................................................... 1976 Joseph Farinelli, CPM, CCAM, PCAM ................................. 2008 Lee Leibenson, CMCA, PCAM ............................................ 2005 Teresa Petro, CMCA ........................................................... 2006 Jean-Marie Salvia, CCAM, CMCA, AMS ............................. 2005 Kittie Smith, CCAM, CMCA ............................................... 2005 Melinda Young, CCAM, PCAM . ......................................... 2005 Warner Springs Estates HOA .............................................. 2001 West Amber Ridge.............................................................. 2007 West Santa Rosa . ............................................................... 2007

Common Assessment Magazine • Winter 2009

23


right fit

CHOOSING THE

FOR FITNESS

By jason GOLEC, MS, MBA

24

Winter 2009 • Common Assessment Magazine


KNOWING THE RIGHT KINDS OF PRODUCTS TO PUT INTO YOUR FITNESS CENTER CAN BE A GREAT CHALLENGE. The goal of this article is to bring an understanding as to what level of equipment to pick and why. Further, what to look out for to lower liabilities, total cost of ownership, and product down time. The ultimate goal of a fitness center should be to create an exceptional fitness experience for your residents and owners that is safe and easy to maintain. If this is achieved it will increase property sales, keep residents happy, improve lease-ups and retention rates. There are three categories of equipment to be aware of, and within those categories several different levels of products to look at. The three categories as follows: retail, light commercial and full commercial. RETAIL FITNESS PRODUCTS This is an area that commonly gets commercial customers in trouble as the low price tag is very enticing and the sales associates can be misleading. In the long run it will cost you less to pay a little more up front and get the right fit for your facility. Here is what you need to know about considering retail fitness equipment for your multi-family facility. Stick with commercial products. Once you put retail product into a commercial setting you lose your warranty completely (this is typically

not explained correctly at the time of sale). The facility at that point takes all the liability if a resident is injured. Most retail products will need service in the first 6 months, and it may be more cost effective to replace them within the first 1-2 years with Light or Full Commercial grade products. And remember: there is no resale value for retail product when it is time to replace with the commercial graded products. Considering these facts, it is far better and more cost effective in the long run to purchase the right equipment for your facility the first time, and stick with commercial companies and products. LIGHT COMMERCIAL FITNESS PRODUCTS These products are designed for use between 4-6 hours per day with most manufacturers. They are a great consideration for multi-family facilities that fall under or around the 180 unit mark. Here are some facts to know about light commercial: • Light commercial is the right fit for most multi-family settings. • Bearings, motors, and other components are typically higher-grade than the retail products Average life span for light commercial Continued on page 28

Common Assessment Magazine • Winter 2009

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Winter 2009 • Common Assessment Magazine


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Choosing the Right Fit for Fitness Continued from page 25.

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products that are maintained properly are as follows: • Treadmills/Ellipticals: 3 to 4 years • Bikes and Steppers: 4 to 5 years • Placing light commercial products in a full commercial setting can bring these numbers down by about two years in most cases, and the cost of ownership will increase. • If not maintained well, take up to a year off the average numbers. • The warranty for light commercial fitness equipment is typically two years parts and one year labor, but be sure to read the fine print. Some product warranties can be misleading in what is actually covered. • Most manufacturers offer personal viewing screens, i-pod adapters and other features to add a “wow factor” to your facility. • If products are maintained with a

maintenance agreement, then the manufacturer takes the majority of the liability with light commercial products. • There can be up to 3 different product options within this category, ranging in price. The difference is the number of features such as programs and entertainment. • Light commercial has a moderate resale value. If sold in 3-4 years, expect a 10-20% return if the equipment has been maintained well and is the right brand. • Some companies offer extended warranties. FULL COMMERCIAL FITNESS PRODUCTS These products are graded for continuous duty — over 6 hours a day. These products can handle a higher level of use than light commercial. This is the same level of product that is found

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Winter 2009 • Common Assessment Magazine


in membership-based health clubs. They are best suited for communities with over 180+ units. For high-end communities that want an elite status, full commercial products are a must. Here are some key factors to consider: • Average life span for full commercial products when placed in the right setting and maintained properly: treadmills/ellipticals: 4-6 years; bikes/steppers: 5-7 years. • If not well maintained, the lifespan of the equipment can be shortened by up to two years, as well as create a higher rate of down time. • Most warranties on full commercial products are the same as light commercial. Usually two years parts and one year labor, but again, be sure to read the fine print. • Full commercial products have a higher resale value (10-25% in the

first 3-4 years) if well maintained and of the right brand. • Full commercial products offer the best options in entertainment. For example: personal TV’s (embedded touch screens with some manufactures), iPods and more. • There are up to 4 different levels within the full commercial family. The difference is typically the features included, such as programs and entertainment. • Full commercial products are a great fit for facilities that can only have one treadmill or elliptical to take all of the use. • Some companies offer extended warranties. Before buying full commercial products, make sure it is the right fit and includes features to satisfy your communities needs. Consider the value of the extra features versus the cost expenditure, because they do not always

add up. You should now have a better understanding of the differences between retail, light commercial and full commercial fitness equipment. Remember – by making the right choices you will save thousands of dollars while keeping your community, owners and residents safe. Talk with a professional fitness consultant if you are not sure what is right for you. Fitness centers are considered one of the top three amenities in a multi-family community. If you follow these rules, the value of your fitness offering will go up, and your owners and residents will have a safe and enjoyable fitness experience. Jason Golec, BS, MBA, is a Key Accounts Manager for Advantage Fitness Products

Common Assessment Magazine • Winter 2009

29


HOM E OW N E R S ’

C O R N E R

Difficulties Amending the Declarations? HELP MAY BE AVAILABLE!

A Readers of this column are encouraged to send their opinions on the above and suggestions for future columns to Sam Dolnick, c/o CAISan Diego Chapter, 1081 Camino Del Rio South, San Diego, CA 92108. Sam Dolnick has served as president of his association is a former homeowner representative of the San Diego Chapter Board of Directors and former homeowner trustee of CAI National. He is currently homeowners’ delegate on the California Legislative Action Committee, Secretary of the CAI Foundation for Community Association Research and president of the Baker/ Dolnick Education Foundation. Guest articles are always welcome!

ny association that has attempted to amend its Declarations of Covenants, Conditions and Restrictions (CC&Rs) knows how difficult it is. A prime example may be found in the Seven Oaks Senior Community in Rancho Bernardo. From 2005-2008 several boards of directors worked on revisions to the CC&Rs to incorporate many changes of federal and state laws, as well as appellate and supreme court decisions, into the revised documents. Yet, the “yes” votes failed to reach 51% of the voting power of the association, thus the association could not take advantage of Civil Code §1356. This after approximately $26,000 was spent. Most CC&Rs require either 67% or 75% affirmative votes (a supermajority) of the entire membership for the amendments to be effective. Associations also have difficulty in obtaining a quorum (usually 50% of the voting power of the membership) at their annual membership meetings. Without a quorum business cannot be conducted and the meeting may be adjourned. The adjourned meeting usually requires a quorum of 25% of

the membership. However, calling an adjourned meeting increases the expenses that the association must pay. In trying to amend the CC&Rs this becomes particularly frustrating. Hiring an attorney to properly amend the CC&Rs may cost anywhere from $2,500 to $10,000. Then there are the costs associated with printing the amended documents, providing ballots with double envelopes per Civil Code §1363.03, (Election and Voting Procedures) postage, etc., which can cost between $250 and thousands of dollars depending upon the number of separate interests in the common interest development (CID). Civil Code §1356 offers help when a quorum is present and the number of affirmative votes exceeds 51% but is less than the required number of “Yes” votes as required in the Declaration. Civil Code §1356 is entitled Amendment of Declaration by Court Petition; Contents of Petition; Grounds for Granting or Denying Petition. In order to petition the Court the details in Civil Code §1356 must be followed exactly. The importance of following provisions of Civil

Code §1356 exactly are evident in two appellate court cases decided in 2008. Both cases were in the Court of Appeal, Fourth Appellate District. The first case, #D042976, affirmed on 1-4-08, was in Division One, Fourth La Costa Condominium Association v. Barbara Seith and the second case, affirmed on 9-508, was in Division Two, Case #E043932, Mission Shores Association v. David Pheil. In the first case, Barbara Seith appealed “…an order the trial court entered that reduced the percentage of votes necessary to amend the Fourth La Costa Condominium Owner’s Association (Owners Association) Declaration of Covenants, Conditions and Restrictions (CC&Rs) (Civ. Code §1356) and Bylaws (Corp. Code §7515).” The trial court found, in addition to other items, that balloting by mail was authorized; that the Owners Association made reasonable efforts so that all eligible voters had an opportunity to vote; that notice for written notice to the lenders was adequate [more on this later]; that the proposed amendments were reasonable; and that the Continued on page 32

30

Winter 2009 • Common Assessment Magazine


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ho says you can’t do an Ironman?! Matt Hoover, winner of the “Biggest Loser“ in 2005 will be racing at the Hawaii Ironman World Championships this October. If he can do it, so can you! It all started in 1998 when I thought it would be a great idea to run a marathon before my 40th birthday. I decided to run the Inaugural Rock n Roll Marathon. So, off I went and joined Team in Training to train for the marathon while raising funds for my friend’s three-yea-old son who had been diagnosed with Lymphoma. He is now in remission and doing great. It was a tough year of training. I was working in Orange County commuting from San Diego, working on my marketing degree at UCSD and training and raising funds for the Leukemia Society all at the same time. But I still managed it. I was ready to run. The race was to begin at 7:00 am but was delayed for various reasons – so at 7:40 we finally started. I felt good at the start, ready to get it over and done with. It was very hot – 90º – and there was not enough water along the grueling 26.2 miles. Spectators along the course came out of their homes with hoses and water for the runners. After a very long, hot run I finished in 5 hours

and 40 minutes. As I approached the finish line at Broadway, I said to myself “Never again. This is torture.” By the end of the day after a big cheeseburger, mug of beer and an Epsom salt bath I regained my senses. Now I was saying, “When’s the next one?” I ran the Rock-n-Roll Marathon again in 1999 in 5 hours and 2 minutes. I was happy taking 48 minutes off my time. The running was becoming monotonous. I wanted more. So when Team in Training started their first Triathlon Team, myself and some of the other marathon team mentors and training buddies thought why not, we can run, how hard can it be to swim and bike? For myself, swimming and biking were completely new sports. Needless to say, another year of tough training. We trained diligently with our wonderful Triathlon Coach Gurujan Dourson. He was a wealth of information and helped us swim from one end of the pool to the other, showed us how to shift gears and change tires and taught us all of the ABC’s of triathlon. Our first race as a tri-team was the Pacific Grove Triathlon; an Olympic distance race consisting of a 1500-meter swim (cold 53º water Continued on page 44

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Homeowners' Corner Continued from page 30.

reduction in percentage of votes required to amend did not unconstitutionally impair contract rights. The Court of Appeals affirmed all the findings of the trial court and the appellate decision acknowledged the purpose of Civil Code §1356 by stating “The purpose of the statute allowing petitions to superior court to reduce percentage of affirmative votes required to amend condominium association’s declaration of covenants, conditions, and restrictions is to give a proper owners’ association the ability to amend its governing documents when because of voter apathy or other reasons, important amendments cannot be approved by a super-majority vote required by the normal procedures authorized by the declaration.” Another extremely important finding in this case is that the HOA properly attempted to obtain lenders’ written

32

consent of 75% of the lenders. The court opined that “Letters were sent via Certified Mail, Return Receipt Requested, (‘RRR’) and the letter informed the Mortgagees that the signature on the RRR would be deemed consent of the proposed [amended] CC&Rs, unless the ballot was returned within thirty days… over 75% of the mortgagees had signed the RRR.” Thus, the Appellate Court upheld the finding of the trial court that written consent of the lenders was obtained. The second case involved a proposal by the association to amend the CC&Rs so that rental leases would have a minimum term of 30 days in addition to some of the items in the first case. More than 51% of the owners voted for the amendment, but this was less than the percentage provided for in the CC&Rs. The association petitioned the court, under Civil Code §1356, to approve the amendment. Approval by the trial court was given after finding that the

Winter 2009 • Common Assessment Magazine

association fulfilled the conditions of the civil code. Mr. Pheil appealed the decision and the appellate court upheld the trial court’s decision stating that the amendment was reasonable; that the balloting did conform to the CC&Rs requirements; and that there was no impairment to the security interest of the mortgagees. What can be deduced from these two cases? First, is the fact that it costs money to amend the CC&Rs and success is not guaranteed; second, even if more than 51% of the membership vote yes, but this is less than what the CC&Rs require, it costs money to petition the court for a decision, and if the trial court approves the amendment it may cost the association more money if at least one homeowner challenges the decision in the appellate court. Since the validity of Civil Code §1356 has been approved by the two cases cited above, a suggestion is being offered to associations to amend the Declaration requiring a supermajority of affirmative votes of the entire membership. In the Fourth La Costa Association decision, the Appellate Court used the terms “because of voter apathy and other reasons” for upholding the trial court’s decision of a lesser amount. The suggestion is that the declaration be amended to state “that once a quorum has been established, the declaration may be amended by the affirmative votes of 67% (75%) of those members who cast votes either in person or by proxy.” Since voter apathy and the large number of non-resident owners do not vote, they should not be the persons who determine the will of those who are not apathetic and are interested in voting. In all elections in the public arena, issues are approved or disapproved by the percent of people who actually vote, not by the percent of the people who are entitled to vote. Since CIDs have been determined to be quasi-governments, the same rules should apply. Also, Civil Code §1363.03,


CAI-SD_Innovative.pdf

3/10/2009

10:46:52 AM

Election laws, with the two ballot voting system, parallels the voting procedures that are followed by the County Registrars’ offices. An amendment involving the mortgagees (lenders) is also being suggested. The following wording is paraphrased from the Seith case. Written notice of the proposed amendment is to be sent to all lenders and a written consent should be obtained from 67% (75%) of the lenders holding the beneficial interests in any Mortgages or Trust Deeds of record as valid liens against said project or any portion thereof, provided, however, that the lender shall not unreasonably withhold their consents. Letters and ballots shall be sent via Certified Mail, Return Receipt Requested (RRR). The letter shall inform the lender that the signature on the RRR would be deemed consent of the proposed amendment unless the enclosed ballot is returned within thirty days. As noted above, relief in amending the declaration is possible. Since the author of this column IS NOT an attorney, please be sure to confer with legal counsel if you intend to make use of the contents of this column.

Common Assessment Magazine • Winter 2009

33


NewsStand CAI Launches Board Member Education Curriculum Community Associations Institute (CAI) has launched an online learning program that gives community association board members and other homeowners the information, guidance and perspective they need to govern their communities effectively and responsibly. Free for CAI members and nonmembers, Board Member Basics consists of six online elements, each developed to inspire thoughtful, informed and enlightened association governance. The program is ideal for current association board and committee members, those who aspire to community leadership positions and residents who want to understand how associations can and should function.

The information is applicable to leaders in virtually any common-interest community, including homeowner and condominium associations. More than 60 million Americans live in an estimated 300,000 associationgoverned communities. At least 1.8 million homeowner volunteer leaders serve on the elected boards that govern these associations. Hundreds of thousands more support their associations in other ways, including serving on committees, writing newsletters and maintaining community websites. “Virtually all associationgoverned communities share common characteristics and core principles,” says CAI President Edward D. Thomas, CMCA, AMS, PCAM. “Basic standards and best practices apply to any

association and every homeowner leader. Homeowner leaders who complete this learning program take with them a better understanding of how associations should function and the knowledge and perspective to help them lead their communities.” Developed under the auspices of CAI’s Center for Community Association Volunteers (CCAV), Board Member Basics consists of the following elements: • Model Code of Ethics for Community Association Board Members – a new CAI resource that addresses board authority, decision-making, conflicts of interest, elections, confidentiality, professional relationships, harassment and more. • Community Association Fundamentals – a primer

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Winter 2009 • Common Assessment Magazine


developed to help homeowners, association leaders, realtors and others better understand the basic nature of common-interest communities. • Rights and Responsibilities for Better Communities – 42 principles and practices designed to help promote a sustained sense of community by reducing conflict and promoting responsible citizenship and effective leadership. • Community Association Governance Guidelines – 12 principles that address many of the most potentially contentious components of association management and governance, including rules, grievances and appeals, assessments, elections and foreclosure. The unit also includes levels 1 and 2 of CAI’s Community Volunteer Leadership Development Program:

• An Introduction to Community Association Living – a two-hour program that addresses the roles and functions of community associations, such as providing services, managing physical assets, working with association governing documents and advocating for fellow homeowners. • The Fundamentals of Community Volunteer Leadership – an online course that covers operations, association management, roles and responsibilities, contracting, meetings and more. “With all of their inherent advantages, common-interest communities can face complicated issues,” says Marilyn Brainard, chair of CAI’s Community Association Volunteers Committee. “Serving on an association board is a challenging responsibility with

infinite opportunities for mistakes and missteps. This education program will help board members avoid situations that often create discontent, strife and, in some cases, costly litigation.” Adds CAI Chief Executive Officer Thomas M. Skiba, CAE: “We believe associations can and should exceed the expectations of their residents. Our vision is reflected in community associations that become better – even preferred – places to call home.” Homeowners who complete the unit can print a “Statement of Completion” from the CAI website to show they have taken this important step to educate themselves. However, individuals who represent they have studied and understand this information do so on the honor system, since CAI cannot verify that the entire curriculum has been reviewed.

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Common Assessment Magazine • Winter 2009

35


total unfitness

THE TOP 10 SECRETS TO

By Christine Burke, CPT, LWMC

36

Winter 2009 • Common Assessment Magazine


THESE DAYS, IT’S HARD TO MISS THE MESSAGE THAT A FIT, HEALTHY LIFESTYLE IS GOOD FOR YOU. IT’S IN ALL THE MEDIA, YOUR DOCTOR MAY TELL YOU THAT YOU COULD STAND TO LOSE A FEW, AND THAT ANNOYINGLY CHEERFUL TRAINER AT YOUR GYM KEEPS INSISTING THAT YOU’LL BE MUCH HAPPIER IF YOU SWEAT A LOT. But, really, isn’t the stress of staying healthy just too much? And it’s SO time-consuming! Why not skip all that and go for TOTAL UNFITNESS? Here are the top 10 thoroughly researched, tested, and proven secrets to an unfit lifestyle: KEEP “LOSE WEIGHT & BE HEALTHY” AS YOUR GOAL! If someone asks about your fitness goals, just say “I’d like to lose some weight and be healthy.” Almost everyone uses this as a fitness goal for years and years without ever changing it, and you can, too! The beauty is that it sounds like a great goal without committing you to anything! Don’t waste time by making it more specific, checking if your plans are realistic, or writing it down. NEVER SCHEDULE TIME FOR BASIC HEALTH! Pay as little attention as you can to bothersome basics like nutrition, exercise, and rest. Counting calories, menu planning, and packing meals are so tedious. Why bother, when the vending machine and the drive-through are your best friends? And why schedule regular exercise when you can always squeeze in a quick workout tomorrow? You’ll just wake up an hour

earlier or stop at the gym right after work. Just like you planned yesterday! As for sleep and rest, that’s what caffeine is for! Besides, you can easily get by with giving in when exhaustion forces you. Sure, these basics will keep your energy up and immune system strong, but you can catch up on all that when you get sick! NEVER PRIORITIZE BASIC HEALTH! During your day, be sure to give your health and fitness the absolute lowest priority. Before exercising or sleeping, always take one more phone call, check email one more time, find one more work thing to do, read one more web site, AND take care of one more friend or family member. You can save time by doing these activities during meals (conveniently provided by the vending machine, see above), too. Also, you should ALWAYS CANCEL WORKOUTS to solve important problems for friends, family members, and coworkers. They certainly can’t solve them without you. IGNORE HEALTH BENEFITS! Whatever you do, don’t think too hard about why you want to be fit and healthy. Don’t think about how nice it would be to have confidence Continued on page 38

Common Assessment Magazine • Winter 2009

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Total Unfitness

SAN DIEGO 2009 CAI-CLAC HONOR ROLL By Sam Dolnick, CAI-CLAC Delegate-at-Large

Various associations, individuals, professionals, managers and business partners in the San Diego Chapter have contributed funds to CAI-CLAC on behalf of common interest communities to assure that our voice is heard in the halls of the California legislature. CAICLAC monitors legislation regarding common interest developments (condominiums, planned developments, stock cooperatives and community apartment projects) that the legislators are called to deliberate and vote upon each year. Each issue of Common Assessment features the names of the contributors and those individuals responsible for the contribution. 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, stationary, phone, rent, maintenance of web site and other similar expenses must be paid.

Our congratulations and thanks to the following contributors from January 1 to September 30, 2009. 2009 Goal = $30,277.00 Amount collected = $26, 614.00 Andalucia Townhomes HOA Lisa Isaacson AMS CCAM Association Reserves AV Builder Corp. Roger & Laurie Benham Berg Insurance Agency, Inc. Kimberly LIlley, CMCA Brookfield HOA Victoria Williamson CAI San Diego Chapter Barbara Ozenbaugh, CMP Victoria Cohen Carlsbad Woodbridge HOA Sara Streicher Coronado Shores Condo Assn #36 Jim Liese, CMCA, AMS, CCAM, CMI

Interiors By Design Geri Musser

The Highlands Maintenance Corp.

La Jolla Soledad West HOA Lisa Isaacson, AMC, CCAM

Three Phase Electric Jeff Locher

La Mesa Colony HOA Alicia Lloyd

Union Bank Pam Hazard

Lake Park Condo Association Zelma Hall CMCA

Urban Tree Care

MC Painting Meridian Residential Association Morning View Associates LLC Judith Stadler Ocean Hills Summit HOA Mike Mazur

Pacific Green Landscape, Inc.

Villa Park Townhome Corp. #3

Pacific Western Bank Ken Carteron

Wells Fargo Bank Mark Durazo

Payne Pest Management Willie Payne

Westturf Landscape Management

Premier Roofing CA, Inc. Tom Pigeon

Eastview RB Duplex Elite Community Management

Pro-Tech Painting Roman Bernal

Emerald Paving

Rock Springs East C.O.A. Dawn Walters

Heartland Maintenance Corp. Ginger Murray il Palio HOA Lisa Isaacson, AMS, CCAM

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Villa Marbella HOA Robert Donaldson Villa Trieste at Del Oro Hills Professional Community Management

Presidio Place HOA Dennis Beebe

Epsten Grinnell & Howell, APC

Villa Antigua HOA Diane Pew

Ocean Terrace/Spinnaker Ridge Frank Lombardi

Sam Dolnick

Encinitas Corp. Center OA Equity Management

Vermont Villas Condo HOA Dawn Walters

Saddleback Fence & Vinyl Products Sea Vista HOA Seven Oaks Mgmt. Corp. No. 4 Geraldine Vellios Southern California Tree Care

Winter 2009 • Common Assessment Magazine

Woodbridge Estates HOA Lisa Isaacson, AMS, CCAM

Continued from page 37.

for work or personal relationships, and don’t think about feeling energetic and attractive. You might get motivated, and then you’d miss out on all the timesaving benefits of TOTAL UNFITNESS. IGNORE CONSEQUENCES OF BEING UNFIT! Furthermore, don’t think about the nasty consequences of careless eating and sedentary habits, like dying of a heart attack or type 2 diabetes. And don’t concern yourself about the inevitable years of chronic pain, fatigue, and limited mobility to come. These thoughts are simply upsetting, and you owe it to your mental state to put them out of your mind. You should waste no time realizing that negative consequences are all completely avoidable. DWELL ON THE PAIN! Be sure to dwell on all the excruciating pain you’ve ever felt from exercising, especially how you hate being hot and sweaty for 30 minutes. Remember all the injuries you’ve had, and it will perfectly justify your not trying anything new. Finally, think about how sore you were the last time you went to the gym, and conclude that you need to avoid exercises completely rather than adjusting the exercises to your level. REFUSE TO TRACK PROGRESS! Just say no to tracking any sort of progress! Why weigh yourself or measure your body parts when all those big numbers stay the same or go up? It’s depressing, and your fragile self-esteem will thank you for not dealing with it at all. It’s all such a pain and inconvenient anyway. BLAME YOUR GENES! Blame your weight entirely on your metabolism and genes. For sure, it can’t be the “one or two, well maybe three glasses” of wine you have with dinner every night, or that one big meal you eat


at 9pm. And it certainly can’t be all those “healthy” pizzas and cookies you found at the health food store. After all, they’re all organic and whole grain! ANTICIPATE YOUR FITNESS PROGRAM! In preparation for a fitness or nutrition program, be sure to eat, in large quantities, everything you anticipate giving up. Get in plenty of sedentary behavior while you’re at it. The holidays are a perfect opportunity for this before you start working on your New Year’s Resolution. In addition, clean out your pantry of temptations by eating up all the chips, candies, Girl Scout cookies, and the macaroni and cheese. Then buy another piece of home gym equipment. And join an exclusive gym. BE PERFECT OR NOTHING! Don’t start any fitness or nutrition program until you know you’ve got the perfect plan, and you know you can execute it flawlessly. It’s definitely better to get NONE of it done, rather than something!

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Willie Payne 858-277-2228 Fax 858-277-2212 www.paynepestmgmt.com

Christine Burke, CPT, LWMC is a speaker, writer, fitness trainer and coach at Christine Burke Fitness. Find out more about her light-hearted approach to fitness at LightHeartedFitness.com

CORRECTION in the Fall 2009 issue of Common Assessment an article authored by Julie Adamen was published with a revised title and an incomplete byline. The title the author prefers for her article is “Top Traits of Great Boards of Directors.” Her complete byline is below. CAI-San Diego Chapter regrets the error. Julie Adamen is president of Adamen Inc., a consulting and placement firm specializing in the community management industry. Julie can be reached via email at julie@adamen-inc.com or through her website www.adamen-inc.com. Common Assessment Magazine • Winter 2009

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community

BUILDING

By cindy collins, ccam, pcam

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Winter 2009 • Common Assessment Magazine


BUILDING A SENSE OF COMMUNITY HAS ALWAYS BEEN A BALANCING ACT, HOWEVER DUE TO THE CURRENT ECONOMIC CLIMATE IT IS NOW EVEN MORE CHALLENGING.

Times have changed dramatically in the last few years and for some homeowners the American dream has turned into a nightmare from which they feel they can’t wake up. Many people have lost their jobs, are on the verge of losing their homes or could even be dealing with deteriorating communities due to short sales and foreclosures. Whatever the particular nightmare, you can be sure it is emotional. People are emotional beings and community associations are comprised of people, not just buildings and amenities. All of these factors affect the building of a sense community, and the creation of neighborhoods. There are a variety of reasons that people come together in a community including building relationships, protecting property values and enhancing their community. However, building a cohesive community is not possible without hard work, courage and personal sacrifice. Describing the action and instances that damage a sense of community is easy, but instead we need to focus on the positive aspects of building communities and what we can all do to create and encourage positive environments.

The term community has a different meaning to people based on their experiences, feelings and present life conditions. We cannot possibly create the ideal, perfect community based on all the possible variables, but we can approach it with the human element at the forefront of our decisions, plans and interactions with residents. We need to connect with people on various levels, and we need to make those experiences as positive as possible. Community managers have the opportunity to build communities through leading and communicating effectively, being proactive, engaging residents and recognizing their efforts and making the most of community facilities. LEAD AND COMMUNICATE EFFECTIVELY As the economy has changed around us, we must welcome new challenges and be prepared to be leaders of change. Therefore, effective communication has never been more important in community living. We need to listen and not just hear owner concerns regarding community affairs and assess the root of the issue. We need to get past the Continued on page 42

Common Assessment Magazine • Winter 2009

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Building Community Continued from page 41.

words and focus on the motivations and emotions at play. For example, recently a resident criticized the process of signing in at the community pool with their name and address. This resident didn’t want to write their name and address on the log because it would be seen by others checking in to the pool. The procedure was explained and while the resident understood the reason for the procedure, it did not solve the resident’s problem. The resident persisted pointing out some of the stark societal realities we are faced with today including child abduction, teen violence and crime to explain why it is not safe to have a name, child’s name and address in plain sight for all residents to see. This example illustrates that while we cannot changes these realities, we can change our approach to certain rules and be willing to alter our processes and procedures if deemed necessary.

BE PROACTIVE AND ASK FOR RESIDENT FEEDBACK It is important to problem solve to help break down obstacles that a community may be facing. This does not mean that you should not enforce the rules or CC&Rs of a community, but simply try to understand community member’s needs through not only suggesting ways to resolve issues but also asking for feedback and suggestions. The more people you ask for ideas and solutions to any given problem, the more opportunities you will have to help solve the problem. Bounce situations and ideas off your colleagues and most importantly the residents themselves. Ask for their ideas on a resolution and you may find they have a workable idea. When people feel a sense of ownership for a solution they become more supportive and receptive. Through this approach you can solve the issue and at the same time win an ally in the community.

ENGAGE RESIDENTS AND RECOGNIZE THEIR CONTRIBUTIONS Involve interested residents by forming committees on relevant topics and encourage their input and ideas to explore and provide information to the board. As an example, you may have a few residents that want to ‘Go Green’ and install solar panels, while board members offer resistance due to concerns of the initial cost. Establish an ad hoc committee of residents to do the leg work and present their findings to the board and homeowners via a special meeting. The board may not always agree with their conclusions and may not take recommended actions, but it is critical that residents get involved to build a sense of community. Make sure that the residents feel appreciated as no one wants to feel they wasted their time or that their efforts have no value. Recognize your community volunteers, often and publicly. If you have a newsletter,

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Winter 2009 • Common Assessment Magazine

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spotlight a community volunteer each issue. At your annual meeting, take time to introduce the volunteers and thank them for their commitment, maybe with raffle gifts donated by surrounding merchants. Remember that local merchants are struggling in this economy and may welcome a sponsorship opportunity within the community. USE COMMUNITY AMENITIES TO YOUR BENEFIT What interests the residents in your community? If the community has a clubhouse or a meeting room, use it to invite people to speak on subjects of interest to the residents in the community. Examples of these topics could include workshops to discuss water conservation, drought tolerant/native landscaping or even neighborhood watch and crime prevention programs. You can find experts within your community to speak from the city and county of your community as well as your vendors, who would welcome the opportunity to speak in front of your community members. Workshops get neighbors talking to each other about their neighborhood and the changes they would like to see to make things better. In conclusion, be creative and get people involved to develop their unique sense of community. Shared enthusiasm generates more enthusiasm, so keep it positive and always remember at the end of the day you are dealing with people. Listen and communicate effectively. Of course, our main job is to keep things running smoothly and to maintain and protect property values, but your time should also be spent promoting and building a strong and positive sense of community. If you do, you will see a difference in your community.

Contact Michael Lewis for a free quote!

760-599-8000 • fax 760-599-8775 Cindy Collins, CCAM, PCAM is an Executive Director at Merit Property Management Inc.

e-mail: michael@mc-painting.com • www.mc-painting.com

Common Assessment Magazine • Winter 2009

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Ironman & Beyond

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

top to bottom pool plastering & remodeling

Plastering • Plumbing • Equipment • Decking • Solar Gardner Pool PlasterinG Serving the San Diego Area 44

Winter 2009 • Common Assessment Magazine

800-246-POOL

www.gardnerpoolplastering.com

Continued from page 31.

and kelp), 40k bike ride and a 10k run. As race day neared, I realized my swimming was not where it needed to be. With disappointment I dropped down to the sprint distance so I would have a shorter swim. I completed my first Triathlon! From that day on I was addicted. My first Ironman experience came as a volunteer at the California Ironman in May of 2000. It was a dark, cold and long day. We started at 5 a.m. and ended at 10:00 pm. We did body marking, served food and drinks, cheered for the participants and cleaned up the mess. It was hard work. I thought I’d rather do the race. It would be easier than volunteering. So off I went and signed up for my first Ironman. I had one year to get ready for my first Ironman. How was I going to swim 2.4 miles, bike 112 miles and run 26.2 miles? I knew the ins and outs of a triathlon but Ironman was a whole new animal. The training was grueling: 3 swims per week consisting of 30004000 yards, 4-6 hour bike rides, track practice and long runs. Getting enough rest and adequate nutrition is key. So how was I going to manage it all? I went to bed at 10 p.m. and got up at 4 a.m. everyday. I would sometimes work out 2 - 3 times per day. I learned to manage my time and get my workouts done everyday. Family support was an immense help and motivator. At this time I also switched my focus to another charity, the Challenged Athletes Foundation (CAF). CAF is a non-profit organization that provides grants to physically challenged athletes such as amputees so they can participate in sports. They provide prosthetics, wheelchairs, travel and other accommodations. Recently I also became very involved in Operation Rebound, a division of CAF that works with wounded soldiers returning from combat to help them get back into


sports and lead an active lifestyle. I trained hard, and while training for Ironman also participated in various sprint, Olympic and long course triathlons. In May of 2001 I completed my first Ironman in 15 hours and 15 minutes! It was the most exciting thing I had ever done!! Since 2001 I have completed eight Ironmans and many half Ironmans Olympic, sprints and long distance races. I have won a few medals for placing in my age group. My friends have declared me the “Godmother of Ironman.” I love the sport and everything about the people who surround me in the sport. When people find out about my triathlon career they are usually awestruck. I work full time and am “an age grouper” as us non-professional athletes are called. I tell people I have a great passion for the sport and try to get as many people involved as possible. It is rewarding to be a part of a sport that is healthy and fun while raising money for my favorite charity and helping others. When I share my Ironman experiences the most common things I hear are: 1. “You are kidding me? I can’t swim.” 2. “I can’t ride around the block” 3. “I can’t run more than 50 yards let alone a marathon” 4. “I’m too fat and too lazy.” My first comment is “if I can do it, so can you.” Remember I started off not knowing how to swim or ride a bike. Anyone can train for an Ironman – there are young, old, skinny and fat people doing triathlons. Desire, determination, hard work and training are what you need to get you to the start and finish line! Happy Training! Elaine Gower is the Godmother of Ironman, a CAI-San Diego Board member, a member on various CAI committees and the Business Development Liaison for DIcks, Coglianese, Lipson & Shuquem. Common Assessment Magazine • Winter 2009

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Menas. realty co

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Beautiful Skin In No Time by Deborah Bennett, Licensed Esthetician

I

t seems we are all running on a fast track these days. From the moment we get out of bed in the morning until we finally get to put our heads on that lovely and most welcomed pillow at the end of the day we are in constant motion. Our days are filled with meetings, phone calls, project deadlines and taking care of the family. Somehow we are supposed to squeeze in 30 minutes a day for a walk and strength exercises, too! It’s no wonder my clients tell me they don’t have the time or energy to take proper care of their skin. Well, I am here to give you Skincare 101 on how you can do just that in only 5 minutes. Here are the basic steps anyone can follow and then enjoy all the compliments you will receive on your beautiful complexion.

Morning Step one: Cleanse - you can do this in the shower since you were more than likely going to be there anyway. Step two: Apply a Vitamin C cream or serum - this will fight those nasty freeradicals in your skin that are responsible for wrinkles and skin cancer. Everyone over the age of 25 needs a Vitamin C product. These products come in several different strengths. Start with 10% and build up to 15 or 20% over time. Step three: Eye cream – apply sparingly. Because the skin around the eye is so much thinner, you must use a cream that is specifically formulated not to clog pores or make the eyes look puffy.

Winter 2009 • Common Assessment Magazine


Step four: Moisturizer/sunscreen – We’re trying to save steps here so look for a sunscreen that has hydraters in it, such as nayad or hyalauronic acid, which will moisturize your skin while protecting it from the sun’s harmful rays. That’s it and it only took 5 minutes!

Evening Your evening skin regimen can be even more streamlined. Step one: Cleanse Step two: Use a night cream that contains retinol or an exfoliant such as glycolic, salicyticor any number of other acids that are easily found in products today. This will improve your skin texture and give you a healthy glow. These products come in various percentages of active ingredients and, therefore, give varied results. Step three: Eye cream This is a routine that can be done by anyone no matter how crunched you are for time. Being consistent is the most important key to great skin. If you want to step up your results, you can always apply an appropriate mask once a week. Cosmetic packaging is designed to sell products. Seeing a skin care specialist is the most effective way to ensure you are buying and properly using the best products for your skin type.

Deborah Bennett is a licensed esthetician with 27 years of experience. She is the owner of Future Faces Skin Care, located in The Cardiff Medical Spa, Cardiff, California. Contact her at debbennett@roadrunner.com

Common Assessment Magazine • Winter 2009

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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

ATTORNEYS Anderson & Kriger Janet Wilcox....................... 619-589-8800 fax 619-464-5414

Epsten Grinnell & Howell, APC Jon Epsten, Esq................... 858-527-0111 fax 858-527-1531 epsten.com

Menas Realty Co.

First California Bank

Julie Menas.............. 858-270-7870 xt. 31 fax 858-270-9780 jmenas@menas.com

Michelle Martinez............... 800-745-9190 fax 760-745-9513 mmartinez@fcbank.com fcbank.com

Merit Property Management Any Ferrell.......................... 800-428-5588 aferrell@meritpm.com meritpm.com

Karen Martinez, CCAM.... 619-291-6300 ext.13 fax 619-291-8300 shemanages.com

Summit Property Management John Kiss............................ 619-296-7232 fax 619-296-7011 summitpropmgt@yahoo.com

Walters Management Joe Farinelli......................... 858-495-0900 fax 858-495-0909 waltersmanagement.com

Curtis Management Company

Katy Krupp......................... 949-554-0700 fax 949-554-0707 kkrupp@feinberggrant.com

DECKING/DECK COATING

Peters & Freedman, LLP David M. Peters.................. 760-436-3441 fax 760-436-3442 hoalaw.com

COMMUNITY ASSOCIATION MANAGEMENT Associated Professional Services Neal Chazin.......... 619-299-6899 xt. 2101 fax 619-299-8242 nchazin@apsmanagement.com

Patrick S. Campbell, CCAM....858-587-9844 fax 858-587-9972 pcampbell@curtismanagement.com

Best Rate Repair Co., Inc. Brenda Bibler...................... 760-740-9696 fax 760-740-9413 best-rate-repair.com

EMERGENCY RESTORATION SERVICES Clean Earth Restorations

Seacoast Commerce Bank Jon Enochs......................... 619-409-5711 Fax 619-618-4637 e-mail: jenochs@sccombank.com sccombacnk.com

U.S. Bank John Smith......................... 800-866-1108 fax 877-239-9350 john.smith1@usbank.com

GENERAL CONTRACTORS Del Mar Pacific Julie Villelli.......................... 858-792-1500 fax 858-792-0076 delmarpacific.com

INSURANCE Berg Insurance Agency Kimberly Lilley.................... 800-989-7990 fax 949-586-9877 kimberly@berginsurance.com

LANDSCAPE MAINTENANCE KR Landscape, Inc.

Rachel Roberts................... 619-284-4239 fax 619-284-4279 rachel@cleanearthrestorations.com

Shaunmarie Daly................ 760-295-9720 fax 760-295-9730 sdaly@krlandscapeinc.com krlandscapeinc.com

FINANCIAL SERVICES

LaBahn’s Landscaping

Alliance Association Financial Services Kathy Beaulne.................... 888-734-4567 kbeaulne@aafin.com

Cyndi Koester..................... 949-235-8498 fax 888-493-1973

First Bank Betina Schessow................. 800-200-0013 fax 888-411-0013 betina.schessow@fbol.com

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Larry Hooper...................... 714-864-5171 fax 714-864-519 lhooper@bpop.com

Community Association Banc Curtis Management Company

Popular Association Banking

CONSULTING

Feinberg Grant Mayfield Kaneda & Litt

Peter Schulz........................ 619-234-3660 Fax 619-234-0626 e-mail: pjs@gtlaw.cc gtlaw.com

Ken Carteron...................... 760-432-1335 fax 760-432-1339 kcarteron@pwbonline.com

S.H.E. Manages Properties, Inc.

Patrick S. Campbell, CCAM....858-587-9844 fax 858-587-9972 pcampbell@curtismanagement.com

Greco Traficante Schulz & Brick

Pacific Western Bank

Winter 2009 • Common Assessment Magazine

Joanna LaBahn................... 619-579-9151 fax 619-461-0814 labahns.com

New Way Landscape & Tree Services, Inc. Randy Newhard................. 858-505-8300 fax 858-505-8305 newwaypro.com

Pacific Green Landscape, Inc Zoen Baldwin..................... 800-439-9962 fax 619-390-0865 pacificgreenlandscape.com


Steven Smith Landscape Gigi Golden-Smith.............. 760-745-9916 fax 760-745-1982

Westturf Landscape Heather Collins................... 760-650-3120 fax 760-650-3125 heather@westturf.com

ROOFING

TOWING

ARC Roofing

Western Towing

Noel Gaul........................... 619-588-2000 fax 619-588-2021 arcroof.com

Kathy Tighe........................ 619-297-8697 fax 619-296-2822 kathyt@westerntowing.com

Premier Roofing CA Bill Capito........................... 619-667-4565 fax 619-667-1281 billc@premierroofing.com

PAINTING CONTRACTORS MC Painting Kerry Lewis...............................760-599-8000 fax 760-599-8775 kerry@mc-painting.com

Pro-Tech Painting Chris Cena.......................... 858-527-0200 fax 858-527-0220 chris@pro-techpainting.com

PEST CONTROL Payne Pest Management Willie Payne....................... 858-277-2227 fax 858-277-2212 wpayne@paynepestmgmt.com

POOLS/SPAS Gardner Pool Plastering, Inc. Tom Cox............................. 619-583-8880 fax 619-593-8886 info@gardnerpoolplastering.com

Poolscape Unlimited, Inc. Kirk Chapman.................... 619-561-0555 fax 619-561-1633 kirk@poolscapeunlimited.com

RESERVE STUDIES Association Reserves San Diego LLC Matthew Swain, RS............ 619-567-5239 fax 619-568-3564 mswain@reservestudy.com

Sonnenberg & Company Leonard Sonnenberg.......... 858-457-5252 fax 858-457-2211 lens@sonnenbergcpas.com

Common Assessment Magazine • Winter 2009

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W H AT ’ S

N E W

I N

S A N

D I E G O ?

OH BABY! Congratulations to Kieran Purcell, of Epsten Grinnell & Howell, APC and his wife Kathy on the birth of their daughter, Riley. Riley was born on July 17 at 5:35 p.m., was 17 1/2 inches long and weighed in at 4 lbs., 11 oz. Congratulations Kieran and Kathy! Congratulations to Angelo Tomiselli, Rodent Pest Technologies, and his wife Brandi on the birth of their son, Michael Joseph. Michael was born in August 15 at 5:11 a.m., and weighed 8 lbs., 8 oz. and was 19 inches long. Welcome baby Michael!

PROMOTIONS AND ADDITIONS Professional Community Management of California, Inc. (PCM), one of the nation’s largest property management firms, announced the promotion of Chuck Holland to Chief Information Officer. As a 12 year veteran of the PCM’s information technology team, Holland has played an integral role in the development of innovative information systems that support client services.  PrimeCo Painting is very pleased to announce that Jason Pearson has joined the company as Construction Manager and will head up their construction team. Pearson has a 21-year background in construction experience including hands-on carpentry work as well as project management and supervision. He will be responsible for managing the construction division of PrimeCo, including training, staff development as well as estimating and bidding. He will interact with community managers and HOA board members to offer wood replacement services as a prerequisite to painting. RSI Roofing has announced that Chris Sawaya has joined their company. Chris is a San Diego native and is well known throughout the industry in San Diego. He is married and has 5 children.

HITCHED Barbara Ozenbaugh, Chapter Executive Director, married her fiance, Master Sergeant Brian Goniotakis in a seaside ceremony on August 13, 2009. Congratulations Barbara and Brian!

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Winter 2009 • Common Assessment Magazine


2009 Day at the Races

August 28 Tradeshow & Luncheon Advanced Painting & Wood Repair Agricultural Pest Control Services American Geotechnical Animal Pest Management Services, Inc. Arborwell Artistic Maintenance Association Reserves San Diego, LLC AV Builder Corp. Bald Eagle Security Services Inc Brinks Services/Curaflo California Sub-Meters CertaPro Painters Community Association Banc/Condo Certs Elliot Katzovitz Insurance Emerald Paving Co. Epsten Grinnell & Howell, APC First California Bank Four Seasons Tree Care Inc Global Disposal Reduction Services Interiors: By Design LaBahn’s Landscaping Landsystems Mailboxes R Us Mt. Helix Pest & Termite Control

Nautilus General Contractors Nu Flow America Inc O’Connell Landscape Pacific Green Landscape Pacific Western Bank Paul Davis Restoration Payne Pest Management Peters & Freedman, LLP Popular Association Banking Premier Roofing CA, Inc. PrimeCo Painting Service Master by Rapid Response ServPro of Carlsbad Summit Security Three Phase Electric TruGreen Landcare Union Bank Wells Fargo Western Towing Westturf Landscape

WIN Four Seasons Tree Care Law Offices of Richard Salpietra MC Painting Mission Association Financial Saddleback Fence & Vinyl Products ServPro of La Jolla

PLACE Anderson & Kriger Animal Pest Management Arborwell Artistic Maintenance Association Reserves San Diego, LLC AV Builder Corp Best-Rate Repair Company, Inc. Community Association Banc/CondoCerts Dapa Services, Inc. G4S Wackenhut KR Landscape Maintenance Peters & Freedman LLP Steven Smith Landscape, Inc. Sunset Painting TruGreen LandCare Urban Tree Care Western Towing

Above l-R: Tina Rozycki, Louise Stettler, Cyndy Koester and Julie Hudson-Blattler. Below left: Willie and Kathy Payne enjoy the buffet. Below right: Who won the trifecta?

THANK YOU TO OUR TRADE SHOW EXHIBITORS

THANK YOU TO OUR 2009 DAY AT THE RACES SPONSORS

SHOW Epsten Grinnell & Howell, APC Landscapes USA Paul Davis Restoration & Remodeling Payne Pest Management Pro-Tech Painting Company Reconstruction Experts S.D. Preferred Property Managers, Inc. Sullivan Construction Management Summit Security Wells Fargo

Above: Program Coordinator Elaine Gower and Speaker Eddie Villavicencio, San Diego Fire Department. Left: Speaker Mary Howell, Epsten Grinnell & Howell, APC

Common Assessment Magazine • Winter 2009

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2009

CAI-SAN DIEGO Marketing Plan Members

Platinum Community AssoCiAtion bAnC/Condo Certs epsten grinnell & Howell, ApC Bronze Anderson & Kriger lAw offiCes of riCHArd sAlpietrA Arborwell pAyne pest mAnAgement AV builder Corp Gold AnimAl pest mAnAgement AssoCiAtion reserVes – sAn diego, llC ArtistiC mAintenAnCe CleAn eArtH restorAtions mC pAinting pACifiC western bAnK peters & freedmAn, llp premier roofing CA, inC. urbAn tree CAre us bAnK

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Winter 2009 • Common Assessment Magazine

berg insurAnCe AgenCy best rAte repAir CompAny, inC. CertApro pAinters del mAr pACifiC generAl ContrACtors, inC. emerAld pAVing Co. feinberg, grAnt, mAyfield, KAnedA & litt, llp first CAliforniA bAnK globAl disposAl reduCtion serViCes interiors: by design mt. Helix pest & termite Control new wAy lAndsCApe And tree serViCe pACifiC green lAndsCApe, inC. pAul dAVis restorAtion & remodeling pro-teCH pAinting CompAny rsi roofing sAddlebACK fenCe & Vinyl produCts serViCemAster CleAn in lemon groVe tHree pHAse eleCtriC trugreen lAndCAre union bAnK wells fArgo western towing westturf lAndsCApe


Common Assessment Winter 2009