Focus L.A.’s Premier Source of Information for Community Associations As Rumors Surface How to “SLAPP” a Meritless Lawsuit (Not Your Opponent) in the PlanningElevatorFaceModernizationProcess SAVE THE DATE: “An NovemberCasinowithEveningtheStars”Night2 Renovation Modernization& May/June 2013
You won’t want to miss this hilarious evening of summer fun! Friday, July 12, 2013 5:00 p.m. – 9:00 p.m. The CenterPointe Club • 6200 Playa Vista Drive, Playa Vista 90094 • Scavenger Hunt • Speed Networking • Karaoke $50 per person includes: taco bar and one drink ticket • Sign Up for Speed-Networking • Get Ready for the Human Scavenger Hunt • Warblers — Come for Karaoke Join us for… StarGameSearchNight!!!! 3 Games, Margaritas, Taco Bar, Great Prizes! Visit www.cai-glac.org to sign up for sponsorships and this event. SCAVENGER HUNT SPONSORS Nautilus General Contractors, Inc. Pacific Western Bank Seacoast Commerce Bank KARAOKE SPONSORS CommerceWest Bank Marina Landscape, Inc. ServiceMaster by Eddie Steven G. Segal Insurance Agency, Inc. TACO BAR SPONSOR Hi Tech Painting & Decorating, Inc. NAPKIN SPONSOR South Shore Building Services, Inc.
Larry
Michael Lewis, CCAM®, CMCA®, AMS®, PCAM® Concept Seven, LLC, 310-622-7012
Hooper, Popular Association Banking MEDIATION SERVICES Matthew Grode, Esq., Gibbs, Giden, Locher, Turner & Senet, LLP PROGRAMS/LUNCHEONS Linda Healey, PCAM®, The Californian on Willshire PUBLIC RELATIONS Darin Sherlock, Marina Landscape PUBLICATIONS Matthew Gardner, Esq., Richardson Harman Ober PC FOCUS Magazine Sherry Branson, Kevin Davis Insurance Services Membership Directory Stephen S. Grane, Alante/MCS Insurance Services Web Site Lynne Collmann, CMCA®, AMS®, Savoy Community Association SATELLITE PROGRAMS Gail Jones, CCAM®, CMCA®, AMS®, PCAM®, Valencia Management Group Craig Phillips, CCAM®, CMCA®, AMS®, PCAM®, International Tower Owners Assn. SOCIAL Donald Campbell, CCAM®, CMCA®, AMS®, Torrance-Windemere HOA Angel Fuerte, FRESHCO Painters WINE NIGHT Katy Krupp, Fenton Grant Mayfield Kaneda & Litt, LLP Jolen Zeroski, CMCA®, Union Bank
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STAY CONNECTED: NEWSWORTHY 4 As Rumors Surface 8 How to “SLAPP” a Meritless Lawsuit (Not Your Opponent) in the Face 10 California Community Associations May Be Required to Provide the Owners Email Addresses as Part of an Owners Request for Addresses 12 Elevator Modernization Planning Process 16 Highlights from the Homeowners Association Marketplace 20 NEWS FROM SACRAMENTO: Legislation News 26 Annual Legislative Day at the Capitol 27 Meet Phyllis Cheng 28 A Motion for Sanctions is an Effective Tool to Defeat Frivolous & Bad Faith Lawsuits CHAPTER UPDATE 2 Note From the Editor’s Desk 3 President’s Message NOTEWORTHY 3 Essentials of Community Leadership Workshop 22 Chapter Receives National CAI Achievement Award at National Conference 23 Lisa Tashjian, Esq. Receives 2012 CAI-CLAC Volunteer of the Year Award 24 Concept Seven, LLC Receives AAMC® Designation from CAI 25 Dick Pruess Receives National CAI Award of Excellence in Government and Public Affairs FYI 32 2013 Upcoming Events 32 Advertisers Index 32 Advertising Information SAVE THE DATE: “An Evening with the Stars” Casino Night November 2 On the Cover The CenterPointe Club, Playa Vista Photo Courtesy of Forrest Graef, Facility Manager for Playa Vista Parks & Landscape Corporation
Joanne Pena, CMCA®, AMS®, PCAM®, Secretary Horizon Management Company, 310-543-1995 Gregg Lotane, CCAM®, PCAM®, Treasurer The Wilshire Condominiums, 310-446-5333
2013 COMMITTEE CHAIRS COMMUNITY OUTREACH Meigan Everett, CMCA®, Gold Coast Property Pros EDUCATION Gregg Lotane, CCAM®, PCAM®, The Wilshire Condominiums FINANCE Jolen Zeroski, CMCA®, Union Bank GOLF TOURNAMENT Teresa Agnew, Roseman & Associates, APC Daisy Vasquez, Securitas Security Services USA, Inc. LEGISLATIVE ACTION Lisa
OFFICERS Matt D. Ober, Esq., President Richardson Harman Ober, PC, 626-449-5577
Beaumont Gitlin Tashjian MARKETPLACE Alan Denison, Stay
CHAPTER
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 1 2013 BOARD OF DIRECTORS
Inc. MEMBERSHIP
Lynn WarnerRugerClub Villas HOA, 818-703-7090 David C. Swedelson, Esq. Swedelson & Gottlieb, 310-207-2207 EXECUTIVE DIRECTOR Joan Urbaniak, MBA, CMCA® Tashjian, Esq., Green
Katy Krupp, Vice President Fenton, Grant, Mayfield, Kaneda & Litt, LLP, 949-435-3800
Robert Ridley, Esq. Castlegate HOA, 213-626-0291
This publication seeks to provide CAI-GLAC’s Authors are responsible for developing the logic of their expressed opinions and for the authenticity of all facts presented in articles. CAI-GLAC does not necessarily endorse or approve statements of fact or opinion made in these pages and assumes no responsibility for those statements. By submission of editorial content to CAI-GLAC, the author acknowledges and agrees to abide by the editorial and policy guidelines. Copyright © 2013. All rights reserved. Reproduction in whole or in part without written permission is prohibited. CAI is a national, not-for-profit association created in 1973 to educate and represent America’s residential community association industry. Office Address: 6402 Arlington Blvd. #500, Falls Church, VA 22042 Tel: 888/224-4321 • Web Site: http://www.caionline.org 130 N. Brand Blvd., Ste. 305 Glendale, CA 91203 Office: 818-500-8636 Fax: 818-500-8638
Pamella De Armas SAX Insurance Agency, 310-740-4274
DIRECTORS Jeffrey A. Beaumont, Esq. Beaumont Gitlin Tashjian, 818-884-9998 Carol Brockhouse, AMS® Rockpointe HOA, 818-341-8860 Tina Chu, Esq. Adams Kessler, PLC, 310-945-0280
membership with information on community association issues.
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2 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter SUMMER IS ARRIVING THIS MONTH and as we reach the halfway point of the year, I wonder where the first half of the year went? The forecast is for a long, hot summer and, as we head out to the barbeques, pools, and summer vacations, there are lots of changes and things taking place in the community association world. Pools will be in high gear this summer, and it’s the perfect time for an article on what is actually required when it comes to pool code enforcement. Dirk Foster, CCAM®, CMCA®, AMS®, PCAM®, writes an article which clears the air on what is required to be done when an older pool needs to be updated to meet the current pool code requirements and what is needed for new pool construction as well. When an association faces any type of lawsuit, it can spend lots of precious time and money dealing with it. A law which helps associations deal with frivolous lawsuits, called the “SLAPP 2013 SuperCAI-GLACSponsors PLATINUM Animal & Insect Pest Management, Inc. Farmers Insurance Group—Steven G. Segal Insurance Agency, Inc. General Pavement Management, Inc. Pacific Western Bank Payne Pest Management Preferred Commercial Painting, Inc. R.W. Stein Painting, Inc. Seacoast Commerce Bank Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP GOLD Beaumont Gitlin Tashjian Behr Paint Corp/THE HOME DEPOT USA Best Alliance Foreclosure and Lien Services Fenceworks, Inc. Fenton, Grant, Mayfield, Kaneda & Litt, LLP Ferris Painting, Inc. First Bank Hi Tech Painting & Decorating, Inc. Nautilus General Contractors, Inc. Popular Association Banking Securitas Security Services USA, Inc. Select Painting Union Bank SILVER Adco Roofing, Inc. Association Reserves, Inc. Berg Insurance Agency, Inc. CommerceWest Bank Milstein Adelman, LLP Mutual of Omaha Bank/CondoCerts Orange Coast Building Services, Inc.
TimothySwedelsonGottliebInc.ClineInsurance Agency, Inc.
Reserve Studies Incorporated S.B.S. Lien Services SAX Insurance Agency ServiceMaster by Eddie South Shore Building Services, Inc.
NOTE CAI-GLAC does not necessarily endorse or approve statements of fact or opinion made in these pages and assumes no responsibility for those statements. Authors are responsible for developing the logic of their expressed opinions and for the authenticity of all facts presented in articles. Motion to Strike” law, nips these lawsuits in the bud. Brian Moreno, Esq. writes an article on the topic which can help save your association valuable time, energy and money. Electronic communication has become the norm for most everyone. With email such a popular and accepted form of communicating the issue of whether an association needs to provide email addresses along with physical addresses is the topic of an article by David Swedelson, Esq. Have you ever been stuck in an elevator? It’s not a nice feeling! Chuck Morphew writes a very informative article about modernizing elevators and making sure the equipment and parts are up-to-date. To keep us current on happenings in Sacramento, Skip Daum covers the latest legislation being discussed, including the topic of electronic ballots. On another legal note, David Bernardoni, Esq. educates us on how to use a motion for sanctions to compel a plaintiff to voluntarily dismiss a lawsuit which lacks legal and/or factual merit. Enjoy the start to summer and stay safe!
— Sherry Branson Editor
Richardson Harman Ober PC Silldorf & Levine, LLP Stonemark Construction Management The Termite Guy Three Phase Electric U.S. ValleyCrestBank Landscape Maintenance We thank our 2013 sponsors who have made a substantial contribution to ensure our continued success this year. Contact the Chapter Office at 818-500-8636 to sponsor a program or an event.
FROM THE EDITOR’S DESK
QwikResponse Restoration & Construction Reconstruction Experts, Inc.
Bethco Builders Boyd & Associates DM Construction Services Dunn-Edwards Paints Horizon Management Company Mission Landscape Services
Pacific Premier Bank PCW Contracting Services, Inc. Poindexter and Company, CPAs Professional Services Construction, Inc.
On a lighter side, I have to say to all of you in this unique field of community association management to keep enduring. To my PMDP M-100 students and candidates for jobs with Valencia Management Group, I have been known to quip, “In this industry, you will need to know the migratory habits of gophers, have the ability to identify alligator cracking in asphalt, understand the effect of water evaporation rates on landscaping, negotiate compliance issues with diplomacy, and explain bad debt in layperson’s terms.” What a strange and wonderful calling you answered. And someday, somehow, you will be greatly rewarded for embracing the roles you’ve played in making communities better. I regret to miss the chance to say goodbye personally to all of those who I have come to know so well, but I hope you know that I will fondly remember each of you. You have enriched my life beyond measure.
FROM THE PRESIDENT MESSAGE The Importance of Leadership through Service
As we all settle into what hopefully will be a memorable, rejuvenating (and likely fast) summer, I want to let you know that I am honored to step in to lead the Chapter at a time when there is so much positive growth and development, not only in our own CAI-GLAC, but also in the community association industry as a whole. While I was sorry that Cathy Gemind had to leave us so soon for greener pastures, I know that Idaho will be as happy to have her as we were. In her short tenure, Cathy brought us a renewed focus on our Chapter’s strengths and the importance of Leadership through Service, in whatever way we serve. As you read again Cathy’s parting words, know that we will continue to bring to you the very best of what our industry has to offer in leadership, education, community outreach, and we will have a little fun as well. Very truly yours, Matt D. Ober, Esq. 2013 Chapter President May 9, 2013 Dear Members of CAI-GLAC, This will be my last letter as President, as I am resigning because my husband and I are moving out of California and into a new chapter in our lives. I am passing the presidential torch to Matt Ober, a man I greatly admire and count among my friends. His leadership, I’m confident, will take CAI-GLAC to even higher ground.
My journey as a community association management professional has been altogether challenging and rewarding, but I was never in it alone.
In closing, let me make one request. I ask that you promise to continually support CAI-GLAC and continue on the journey toward a destination of greatness. My fondest farewell, Catherine A. Gemind, CMCA®, AMS®, PCAM®
Always accompanying me were dynamic individuals who shared in my successes and helped me learn from my failures. Please allow me to be rather personal for a moment as I reflect on the relationships and experiences I gained in this industry, all of which have become so precious to me, and to thank a number of people for their hard work and dedication.
In particular, I’d like to thank our Executive Director, Joan Urbaniak, for all her support and encouragement during my term on the Board and during my presidency. She is an integral part of the foundation of our success, and I will forever admire her drive and enthusiasm. And to all the members of the Executive Committee and the Board of Directors for their dedication, service, and leadership, I extend my deepest appreciation. You are a class act. Also well deserving of my gratitude are the true heroes of the Greater Los Angeles Chapter, our dedicated committee chairs and volunteer members. Your undying commitment and passion for the work you do has transformed our Chapter into a leader amongst the greats of CAI. I value each of you, even if I haven’t said so in person.
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 3
4 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter Your reserve study says it’s due to be done in the coming year and so does your pool technician, so you begin to schedule re-plastering of your pool and spa. You check how much you have set aside in reserves and update an old re-plaster RFP template that you happen to have set aside. Much to the chagrin of your pool maintenance company, you then seek a requisite number of proposals to take to your board of directors. As you meet the various companies on-site, however, each of them, including your current company, adds to the scope of work you have provided and starts to tell you about additional work that must be performed to bring your pool up to code. You know that all your board will see are the dollar signs, and you ask yourself how this could have happened. Then you ask your current service contractor the same thing, and they tell you that a re-plaster is one of the triggers for enforcement of new codes. Your heart sinks, and you wish you would have known this was going to be the case before hand… for so many Communityreasons.associations and community association managers in Los Angeles have understood for several years now that many of the changes to pool code for new construction would be enforced against them when conducting various renovation work projects like re-plastering or applying fiberglass coatings, or even when switching from a chlorine system to a saline one. If they didn’t know before the Virginia Graeme Baker Pool Safety Act went into effect, they found out as they had the mandated safety equipment installed. Most of us in Los Angeles knew that things like installing contrasting tiles at 4½' depth, placing depth markers along the pool edge (and even installing new handrails) all had certain triggers during pool renovations, but we have also understood that associations would not be subject to the more cost-prohibitive changes like reconfiguring stairs. As surrounding counties gear up for similar enforcement measures to those we have endured here in Los Angeles for quite a while, some rumors have begun floating around that have managers and boards in our industry quite concerned. E-mail was recently sent to CAI’s Greater Los Angeles
Pondering the money issue for a bit and then thinking about how many insurance policies have code compliance upgrades built in, I asked Jose Glez, CIRMS®, Vice President at Timothy Cline Insurance Agency, if an association’s insurance could somehow help make up the cash flow differences when they were confronted with unbudgeted additional costs that were By Dirk Foster, CCAM®, CMCA®, AMS®, PCAM®
GETTING TO THE BOTTOM OF POOL CODE ENFORCEMENT
>>>
Rumors Surface CONTINUED ON PAGE 6 BEFOREAFTER
Chapter office warning about the enforcement of such code changes, including costly ones like stair reconfiguration, so we decided to dive into the matter and even play a bit of Marco Polo (Q&A) with some managers in the area.
As
Knowing that Christopher Pettis, CCAM®, General Manager of Doheny West Towers, had recently navigated the switch from chlorine to saline, I was sure he had been confronted with this dilemma, so I gave him a call to ask him how it affected his project. Surprisingly, Chris told me that he “had no idea this was happening” and that, while he had to bring his handrails up to code during the project, he wasn’t required to make any changes to steps. He went on to tell me that had he been required to do so, his entire spa would have needed to be rebuilt due to its size and that would have been a show stopper for his board. I admitted to Chris that I was just at the beginning of my research and that I was only checking to see if some of my fellow managers had experienced what I had only heard rumored. Chris responded that he would really like for Los Angeles County to be more proactive in getting such information out, and he cited the changes to pool signage as an example of something many of us only found out about during industry law seminars this year, months after the rule went into effect in L.A. He added that if such costly changes are to be required, he believed that many re-plaster projects would be sidelined due to budgetary constraints and that, at the very least, an additional level of convincing would be needed to get boards to agree to such projects. Tracy Wolin, CCAM®, CMCA®, AMS®, PCAM®, General Manager at the Wilshire Corridor’s Diplomat echoed Chris’s concerns and added one of her own—that if the rumors were true, unless it was a safety issue, boards may begin to wait to have any pool renovation work done that could trigger costly added work, until they received a County notice to do so—and that could come with additional problems like fines and closures.
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 5 CMYCYMYCMYMCK Ross Morgan Full Page Ad - 3-2012 AH.pdf 1 3/22/2012 1:29:49 PM
As Rumors Surface about to implement new procedures and managers who have to deal with codes from multiple counties not being able to get straight answers from anyone. For this reason, I asked Al to not only tell me what he knew, but get me copies of the current requirements for Los Angeles… and that’s exactly what he did. To clear the water, there are exactly 22 categories of requirements with which an association must comply under L.A. County’s Pool and Spa Renovation Requirements that went into effect on September 1, 2012. Besides the Virginia Graeme Baker Pool Safety Act, there are seven other categories that required immediate compliance as of that date, and the sign category alone has nine individual requirements. The good news is that the rest all have specific renovation triggers; most are fairly easy to comply with; and none of the requirements include drowning us in stair reconfiguration.
Dirk Foster, CCAM®, CMCA®, AMS®, PCAM® is the general manager of Two Eleven Spalding Condominium Association in Beverly Hills. He can be reached at bh211spalding@ sbcglobal.net.
For more information and a complete list of requirements for both renovations (Swimming/Spa Pool Plan Approval Requirements for Renovation/Replastering/Equipment Changes) and new pool installations you can go to the County Health Department site at gov/eh/EP/rw/rw_plans.htm.http://www.publichealth.lacounty.
6 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter Insects Bees, Wasps, Ants, Spiders Rodents Gophers, Mice, Rats, Ground Squirrels Trapping Raccoons, Coyotes, Skunks, Opossums Specialty Birds,Rabbits,Bats Call Today For a FREE Consultation 888 344 6567 Solve Your Damaging Pest Problems with Guaranteed Results. Animal & Insect Pest Management Inc., has a team of experts to help you manage all your pest problems large or small. All of our Urban Wildlife Professionals are State Certified Pesticide Applicators, extensively trained in pest identification, damage recognition, management methods and safety. In addition, our Biologist develops precision pest management programs that ensure the most humane, ecologically sound and legal methods are used to guarantee results Visit us online www.animalinsectpm.com Questions? info@animalinsectpm.com code-related. I could tell right away that the answer was not going to be favorable—he hates to give bad news. Jose told me that, unless there was a peril involved, the association would not be covered for code upgrades, meaning that, unless there was policy covered damage to your pool, you could not tap into insurance. At this point I just had to know the real skinny [dip?]. What does the County of Los Angeles actually require during pool renovations? Instead of calling the County though, I called Al Rotter, the owner of West Los Angeles-based Apollo Pools. Al has worked in the pool and spa industry longer than anyone I’ve ever met (actually about 60 years) and has served on several State boards and committees for his industry. In fact, he started Apollo, the second pool company he has owned, in the 1970’s and has been operating it out of Los Angeles ever since. If there was anyone that could bring the facts to the surface, it was Al. Not only did speaking with him clear everything up rather quickly, but it also helped me understand how the various murky rumors got floated. The confusion seems to mainly be the result of several large pool construction companies that provide service to multiple counties not being able to differentiate between the rumors they are hearing from the various County Health Departments CONTINUED FROM PAGE 4
tile (#6) z
| Ensure a 4' clear zone around edge — no carpet, mats etc. (#10)
Coping | Ensure extension into the
&
(#9) z
is
| Install Automatic Chlorinator if current size is 3 lbs./10,000 gal. (#13) In Los Angeles, community association pools and spas are considered public as far as the Health Department is concerned. Because of this, Community Associations are held to the same standards as public pools; and if you plan to build a new public pool or spa, or make renovations to an existing one, you are required to submit plans to the County of Los Angeles Department of Public Health for approval. This is where some Associations make mistakes and end up with unauthorized renovations and/or code violations. In addition many people don’t realize that as of September 1, 2012 there are several changes to the County’s requirements, especially for renovations and equipment replacements, and certain triggers that require certain code upgrades to be made. For this reason, the list above was provided showing the various triggers for additional work during various renovation projects. While the majority of the listed additional work will only be required when applying for one of the associated triggers, please don’t be fooled the category entitled Immediately Required, which includes items the County Health Inspector will be looking for during annual inspections. So, if your renovation happens before your inspection, these upgrades will be required with any application for renovation submitted; but if your inspection comes first, you will be in violation if you are not in compliance with any of the items listed. Also, please get copies of the complete list of requirements at the L.A. County Health Department website eh/EP/rw/rw_plans.htm.http://www.publichealth.lacounty.gov/
L.A. RENOVATIONCOUNTY TRIGGERS
When Replastering/Resurfacing logo-free white shell/liner Straight line of 4½' width of any step-edge When Replacing pool between 1" 2" When Replacing Deck
z When Replacing Chlorinator
| Install
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 7 z Immediately Required | Install an Influent Pressure Gauge (#11) | Install a Flowmeter (#12) | Install Automatic Chlorinator if current size is 2 lbs./10,000 gal. (#13) | Terminate any direct connection of pool or recirculating system to sanitary sewers, storm drains, and deck drains (#14) | Protect each hose bibb located at site with approved backflow device (#15) | Life Ring with attached rope is required except for spas and wading pools (#16) | Life Ring rope must be as long as the maximum width of the pool; spas and wading pools are exempt (#17) | Ensure the following Signs are posted and compliant with September 1, 2012 Guidelines (#18) Pool Capacity No Diving No ArtificialLifeguardRespiration and CPR EmergencySpaEmergencyWarningShut-Off Switch Keep DiarrheaClosedNotice | Changes to Plumbing, Suction Drains, Split Drains, Skimmers, etc. must comply with Current Guidelines outlined in L.A. County’s New Swimming Pool Plan Requirements, dated September 1, 2012 (#20) | Comply with Virginia Graeme Baker Safety Act and specific L.A. County approved equipment list (#21) | Pool Lights must be GFI protected (#22) | County evaluates Diving Boards for compliance with September 1, 2012 Guidelines (#23) | Direction of flow must be marked on recirculation equipment (#24) z When Recirculation Pump is Replaced | Install a Vacuum Gauge (#11) z When drained for any Reason | Depth Markers Installed (#5) | Ladder installed at Deep End (#7) | Comply with new rail requirements (#8) z
tile installed at
(#4) | Check
(#3) |
Those for Construction are entitled New Swimming Pool Plan Requirements, while those for renovations are entitled Swimming/Spa Pool Plan Approval Requirements for Renovation/Replastering/Equipment Changes. The list above references the numbered renovation requirement in parentheses after each truncated description.
8 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter
The types of claims that fall within the purview of the antiSLAPP statutes are continuing to broaden. The association’s legal counsel should scrutinize the particular lawsuit and determine whether any of the claims can be attacked by an anti-SLAPP motion, which can offer numerous benefits to a community association faced with the prospect of having to defend a costly lawsuit.
ATTORNEY FEES RECOVERY
(1) A lawsuit that seeks to prevent the community association or its board members from performing duties or obligations; (2) A lawsuit that seeks to stop or prevent the continuation of a board election or recall election; (3) A lawsuit that seeks damages relative to political communications made before, during or in connection with an election or meeting; (4) A lawsuit that seeks damages or injunctive relief in relation to assessment collection activities or an assessment lien; (5) A claim or lawsuit that seeks damages relative to community governance and/or decisions made by the board of directors or managers.
In addition, the attorney fees and costs award becomes an immediate judgment in favor of the moving party. Therefore, the plaintiff has immediate exposure to a significant attorney fees award at the very beginning of the lawsuit. This may go a long way in getting the lawsuit resolved amicably or prevailing entirely in the case.
BY BRIAN D. MORENO, ESQ. ■ IN THE CONTEXT OF COMMUNITY ASSOCIATION LITIGATION, WHO WOULD HAVE EVER IMAGINED THAT YOU COULD LEGALLY “SLAPP” YOUR OPPONENT? WELL, TO CLARIFY, PHYSICAL CONTACT MAY NOT BE ALLOWED, but “SLAPP”ing your opponent’s lawsuit is permitted and can be extremely advantageous to a community trying to fend off a frivolous lawsuit. Litigants desiring to sue community associations, board members, and property managers are becoming more savvy in terms of the types of frivolous claims they attempt to advance. At the same time, California courts are continuing to expand the reach of the types of claims that fall subject to the anti-SLAPP statutes. This is great news for community associations facing the prospect of defending an expensive lawsuit—that while meritless, has the potential of costing the association thousands and thousands of dollars. Among the many other defensive strategies available, a community association (in consultation with its legal counsel) should consider filing what is called a “Special (anti-SLAPP) Motion to Strike.” The term S.L.A.P.P. is an acronym for Strategic Lawsuit Against Public Participation, and it provides parties a special right to attack meritless claims from the very beginning of the case. This article will teach you how to “SLAPP” your opponent’s meritless lawsuit and recover your legal fees incurred in connection with the motion.
For example, community associations’ legal counsel should look for the following types of claims when deciding whether to file an anti-SLAPP motion to strike:
A community association that prevails in an anti-SLAPP motion —even if only one claim is stricken—is entitled to reimbursement of its attorney fees and costs relative to pursuing the motion. This feature becomes a powerful tool for a community association because it puts the association on the offensive and provides an immediate opportunity for the recovery of attorney fees and costs incurred in defending the lawsuit.
THE ANTI-SLAPP STATUTES OFFER PROTECTION TO A WIDE RANGE OF LEGAL CLAIMS An anti-SLAPP motion may be filed in response to a meritless lawsuit whose allegations meet certain requirements. In general, a “SLAPP” lawsuit is one that seeks to chill, affect or prevent a party from exercising free speech rights. Community associations are continuing to be characterized as quasi-governmental entities that are subject to the antiSLAPP protections. Indeed, a number of different types of claims fall within the ambit of the anti-SLAPP protections.
HOW TO “SLAPP” A MERITLESS LAWSUIT (NOT YOUR OPPONENT) IN THE FACE
Oftentimes when a lawsuit is filed, the plaintiff has the opportunity to revise and supplement his or her claims throughout the course of the lawsuit. This rule exists to afford plaintiffs a full opportunity to revise and amend their claims so that all potential claims and arguments are heard by the court before a decision is reached. Conversely, a lawsuit that is met with an anti-SLAPP motion may not be amended. In fact, the plaintiff is prohibited from making any revisions to the lawsuit once the anti-SLAPP motion is filed. This feature puts the association in the driver’s seat, especially if the attorney who filed the lawsuit neglected to properly draft the complaint or failed to put sufficient thought into the claims being alleged. The plaintiff becomes “stuck with” how the lawsuit was drafted—no matter how poorly.
PLAINTIFF MUST HAVE PROOF In many lawsuits, the claimant may decide to file the complaint without proof and trust that he or she will be able to acquire sufficient evidence during the course of discovery. In general, the anti-SLAPP statutes prohibit a plaintiff from conducting discovery after the anti-SLAPP motion is filed. Therefore, persons desiring to file lawsuits subject to the anti-SLAPP laws better have sufficient proof to support their claims, before they file the lawsuit. If not, the plaintiff’s lawsuit could be “SLAPP”’ed and attorney fees will be awarded in favor of the association. Ultimately, your community association’s litigation counsel should be well-informed about the anti-SLAPP statutes and the numerous benefits and protections afforded to parties that qualify to file such a motion. Community associations can aggressively defeat frivolous and meritless lawsuits that are filed against them and their Board members and managers. If successful, the association (or board member or manager) can be reimbursed for the attorney fees and costs incurred in connection with the pursuit of such motions. Associations (and their agents) have the ability to aggressively “SLAPP” these frivolous lawsuits right in the face, at a very early stage. Such defensive measures may defeat the lawsuit or place the association in a great position for early resolution. The “SLAPP” motion could result in significant cost savings for the community.
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 9
Brian D. Moreno, Esq. is a senior associate with Richardson Harman Ober PC, an attorney firm specializing in common interest development law with offices in Pasadena, Costa Mesa and Riverside. He can be reached at bmoreno@rhopc.com.
NO AMENDMENTS ALLOWED
Specializing in: Exterior Painting & Waterproofing of Condominium Complexes, Apartment Buildings, Office Buildings & Large Commercial Buildings Fax: 661-268-0900
Disgruntled homeowners association members often want to share their “issues” with the other owners hoping to garner sympathy. They ask for the names and addresses for all owners, which the association will likely have to provide. But more and more we are seeing owners ask for the other owners’ email addresses as well. Neither the Davis-Stirling Act nor the Corporations Code provides much guidance to associations regarding whether they are required to provide the email addresses of the members in response to another members’ request. However, a 2010 California appellate court case, Worldmark, the Club v. Wyndham Resort Development Corp. comes very close to answering that question.
■ BY DAVID SWEDELSON, ESQ.
There are two statutes that apply to disclosure by an association of members’ contact information. Civil Code §1365.2(a), which lists the association records that the board is required to provide to individual members upon request, includes “[m] embership lists, including name, property address, and mailing address” so long as the homeowner is requesting that information for purposes related to that homeowner’s interest as a member, and excluding the membership information for any members who have opted out of sharing their information. Like many provisions of the Davis-Stirling Act, there is some overlap with the Corporations Code, which, at Section 8330, provides that unless the corporation “provides a reasonable alternative”, it is required to provide its members a list of “all of the members’ names, addresses and voting rights”, again, only if the request is related to membership purposes. Neither of these statutes mentions anything about email addresses. So, does that mean that an association has no obligation to provide a list of members’ email addresses upon a member’s request? Not exactly. According to the Worldmark case, which only addressed the Corporations Code requirement, corporations may be required to share email addresses, even though the Corporations Code (and the corporation’s governing documents) don’t explicitly require it. Worldmark, the defendant/appellant in this case, is a California corporation that owns vacation time resorts, which its members then have rights to use. (Note: Worldmark is not considered a homeowners association, and therefore the Davis-Stirling Act does not apply.)
CALIFORNIA COMMUNITY ASSOCIATIONS MAY BE REQUIRED TO PROVIDE THE OWNERS EMAIL ADDRESSES AS PART OF AN OWNERS’ REQUEST FOR ADDRESSES
The member made two arguments in support of his demand for the email addresses. First, he argued that the requirement to provide “addresses” in the Corporations Code included email addresses. Second, he did not think that the alternative of mailing the petition was “reasonable” because it would have been extremely expensive to mail the petition to all of the corporation’s members (the court calculated the cost as being over $20,000), and because the time that it would take to mail the petition would prevent him from circulating it prior to the upcoming board meeting, which was only two months away when he first made his request, but only eight days from the date that Worldmark proposed the alternative of using a mailing house. In the Worldmark case, the court agreed with the member, and held that the word “address” is sufficiently broad so as to include email addresses. Further, the court held that the use of a mailing house was not a reasonable alternative, focusing on the fact that the cost of physically mailing a petition to 260,000 people was prohibitively high, but also mentioning that it was less time-efficient. The member prevailed, and the court ordered Worldmark to provide him with a list of all other members’ email addresses. Does this holding apply to homeowners associations? Probably, although associations have to consider both the Corporations Code requirements as well as the Davis-Stirling Act. The court’s finding that the word “address” includes email addresses is important. The Davis-Stirling Act refers to the “property address” and “mailing address” rather than simply “addresses” (in the Corporations Code). Based on the court’s discussion of the definition of an “address,” if a member provides an email address as an alternative to their physical property address, this would likely be considered a “mailing address.” As the Davis-Stirling Act does not allow an
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CA I-Greater Los Angeles Chapter association to provide a reasonable alternative in
One of Worldmark’s over 260,000 members requested an email list of all of the members of the corporation to distribute a petition to amend the corporation’s bylaws. Worldmark refused, pointing out that Corporations Code § 8330 does not require the distribution of email addresses, and offered the alternative of allowing the member to distribute the petition by mail using a mailing house.
Of course, all of this assumes that the association does maintain an email list. If the association (or its management company) doesn’t have a list of owner emails, it doesn’t have any obligation to provide what it does not have… and merely because the manager of or some board members may have some members’ email addresses does not mean that the association maintains an email list. While some association members may be put off by the fact that the association may be required to share their email addresses (really, who needs more unsolicited emails?), this can be viewed as an overall positive step. Clearly, the legislature is going to take a while to incorporate new technology into the Civil and Corporations Codes, and this case indicates that California courts may also be willing to allow certain uses of technology that aren’t specifically provided for in the applicable statute.
David Swedelson, Esq. is a founding partner at SwedelsonGottlieb, a law firm which specializes in representing community associations throughout California. He can be reached at dcs@sghoalaw.com.
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 11 lieu of the requested information (as the Corporations Code does), the association could only withhold email addresses if the members specifically opted out of having their email addresses shared. An association would have an argument that “mailing address” is more specific than just an “address,” and that therefore, the Davis-Stirling Act does not require distribution of email addresses. In that case, the Corporations Code may apply (assuming the association was incorporated). Because most associations have a much smaller number of members, providing physical mailing addresses would generally be a reasonable alternative. However, if an association chose to take this position, it may find itself in the position of having to defend it. Rather than taking on this fight, we suggest that the association prepare in advance for this situation. There are some precautions that associations can take to make sure that this does not become an issue. For example, if your association maintains an email list as part of the other contact information maintained regarding the owners, you may consider sending a notice to the homeowners that the association may be legally required to distribute the members’ email addresses in response to certain member requests, but that homeowners can opt out of having their email addresses and/or physical mailing addresses shared. The association can even provide a form for those homeowners who want to opt out to submit to the board. This way, the association can share the email addresses without having to worry about whether the members whose email addresses are distributed will be upset that the association gave out this information.
Other considerations in the development of plan:
Once it is determined that an elevator modernization is in fact needed to resolve one or all of the above conditions, a plan is needed to move the process forward. Modernization is a major undertaking in an occupied building and should be planned carefully to minimize disruption of the daily activities of tenants. What’s more, the planning process is fraught with other complexities: determining the appropriate scope of equipment replacement or reconditioning, understanding the current code issues associated with modernization, preparing the necessary specifications, bidding and negotiating the modernization contract, and managing the modernization process. Taking into account all those considerations to complete a successful modernization requires in-depth knowledge and attention to detail. The first step is to evaluate building use and current and projected tenant requirements. Part of this step includes evaluating competitive properties in the area to have a basis of comparison. Evaluating building use and tenant requirements is the first critical step in planning, as a modernization project represents a significant capital expenditure to the property. Proper analysis and planning at this stage ensures the proper selection of elevator equipment and, in particular, the proper elevator control and drive systems to ensure the long-term leaseability and enhance the asset value of the property.
1. If you have a solid working relationship with your elevator maintenance provider, they can work hand-in-hand in the development of a modernization program, scope of work, etc.
An elevator modernization should be considered based upon one or more of the Equipmentfollowing:is20+ years old, and:
ELEVATOR MODERNIZATION
2. If you do not have a preferred elevator partner, then perhaps an Elevator Consultant will be required. This does add cost to the overall project, which can be substantial. To provide a scope of work and manage the project, consultant costs can run between $5,000 for a single unit, to $15,000$20,000+ for multiple-unit projects.
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CONTINUED ON PAGE 14
ELEVATORISFROMDIFFERENTIATEOWNERSUNITBETWEENBUILDINGSABOUTOFCOMMUNITYINBYPROCESSPLANNINGCHUCKMORPHEWTODAY’SECONOMICENVIRONMENT,MANAGERSANDBOARDSDIRECTORSAREDOINGJUSTALLTHEYCANTOKEEPTHEIRATTRACTIVE.COMPETITIONBUILDINGSFORPROSPECTIVESALESISENCOURAGINGTOLOOKFORWAYSTOTHEIRBUILDINGSTHECOMPETITION.ONEWAYBYMODERNIZINGTHEIREXISTINGSYSTEMS.
1. Equipment dependability is less than acceptable. Outages and malfunctions occur at a rate that is not acceptable to ownership, tenants, etc.
2. Equipment is no longer capable of efficiently handling passenger traffic demands. Longer than normal or unacceptable wait times occur at lobby and/or other floors.
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 13 REPRESENTING COMMUNITY ASSOCIATIONS IN ALL AREAS OF REAL ESTATE LAW • Drafting and enforcement of Bylaws and CC&Rs • General litigation, including mediation and arbitration of disputes with owners • Construction defect litigation • Insurance bad faith litigation • Collection of delinquent assessments • Providing general business advice to homeowners associations. 11400 West Olympic Boulevard Ninth Floor • Los Angeles, CA 90064 (PH.) 310.478.4100 • (FAX) www.wrslawyers.com310.478.6363
The second component, aesthetic considerations, can have a major impact on the selection of equipment for modernization. It is important to examine the condition of the elevator lobbies and the interior finishes of elevator cabs. Replacement of the cab interior finishes provides visual reinforcement to the existing tenants that any reduced-service levels during the extensive modernization process resulted in substantial improvements to the elevator systems. Additionally, new aesthetically-pleasing cabs enhance the building’s image and, therefore, can help improve tenant retention and be a good selling point to prospective tenants. Depending on the size of the building and the number of elevators to be modernized, the modernization process can take a substantial amount of time, often in excess of a year, to complete. Prior to the start of the modernization and during the modernization, it is suggested that owner communication about the modernization and the benefits they will experience upon completion can significantly reduce frustration caused by the temporary reduction in elevator service. Taking a “proactive” approach to an elevator modernization project can save money, time and reduce tenant inconvenience and frustrations.
3. Press the Alarm or Help Button, and Use Any Available Communication Systems Push the alarm button and wait for someone to respond to you. In newer elevators, there will be a HELP button instead of an alarm button. This will place a call to a party that is trained to take action (i.e. elevator company, alarm company, etc.). It will give the exact location of the building and elevator you are in. Trained emergency personnel will answer the call for service within several minutes. Some elevators have a two-way speaker system or telephone that will allow for communication between you and the building or rescue
WHAT TO DO IF YOU ARE STUCK IN ELEVATOR:AN
1. Push the "Door Open" Button If you are near the landing the door could open. You can slowly and carefully step out of the elevator. Be sure to watch your step as the elevator floor may, or may not, be level with the landing.
3. Once a direction has been established, a scope of work needs to be developed. Your elevator preferred provider and/or the consultant can provide expertise in the development of a specification. There can be two components of a modernization project. One component is the mechanical side, which can comprise the controller, door package, fixtures, motors, pumps, etc… This, of course, depends on the type of elevator or elevators involved (ie. hydraulic vs. traction). This mechanical component is by far the most important because it addresses the dependability and traffichandling capabilities.
CONTINUED FROM PAGE 12 ELEVATOR MODERNIZATION PLANNING PROCESS
YOU MAY BE INCONVENIENCED BUT YOU ARE SAFE is plenty of air circulating in the elevator and its shaft way.
Chuck Morphew, President of 5Star Elevator Service in Orange, has been in the elevator industry for more than 40 years. He can be reached at morphew@5starelevator.com.chuck.
14 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter
4. Relax, and DO NOT try to extract yourself from the elevator. NEVER try to exit a stalled elevator car. It is extremely dangerous. ALWAYS wait for trained emergency personnel. Your best course of action is to relax, get comfortable, and wait for professional assistance.
2. Remain Calm If the door does not open, you are still safe. Do not try to exit the elevator. You never know when an elevator may go into motion again. Wait for trained emergency personnel to arrive. Even if the air temperature feels warm, there personnel. Do not be alarmed if you cannot be heard or if the phone does not work. Some phones are designed to only receive calls. Trained personnel should call when they arrive at the building.
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 15 allison disarro Vice President HOA Banking Division 619-988-6708 Mobile 858-312-7030 adisarro@sccombank.comFax PROPERTY MANAGEMENT & HOA BANKING Seacoast Commerce Bank provides our Property Management and Homeowner Association clients the ability to maximize their use of bank services. We understand the unique Banking needs of our Property Management and Association clients, providing industry specific products and customer service that you have grown to expect and deserve. ManageMentProPerty & Hoa Banking solutions • Depository Services • Cash Management • Remote Deposit Capture • Lockbox Services • ACH Origination • HOA Financing • Online Dues Program 11939 Rancho Bernardo Rd, Suite 200 San Diego CA www.sccombank.com92127 Seacoast Commerce Bank offers a full range of comprehensive banking and financial services for Homeowner Associations and property management companies. AnAnthe Stars E SAVE THE DATE! CASINO NIGHT Hollywood Roosevelt Hotel 7000 Hollywood Blvd., Hollywood 6:00 p.m. Hosted Cocktails 7:00 p.m. Dinner 8:00 p.m. Gaming & Dancing 10:45 p.m. Raffle TICKETS: $125 per person or $1,250 Table of 10 PLAYING CARDS Seacoast Commerce Bank WINE General Pavement Management, Inc. VALET Hi Tech Painting & Decorating, Inc. QUEEN Pacific Western Bank Preferred Commercial Painting, Inc. JACK Fenton Grant Mayfield Kaneda & Litt, MutualLLPofOmaha Bank/CondoCerts November 2, 2013 Sign up for a sponsorship and tickets at www.cai-glac.org. CURRENT SPONSORS Come in costume as yourfavorite Hollywood icon!
Learning Centers Open with Meet & Greet 7:00
Out of Court” Speakers: Sandra Gottlieb, Esq. BeaumontSwedelsonGottliebLisaTashjian,Esq.GitlinTashjian • Meet & Greet • Learning Centers • HOA Industry Experts on hand • Complimentary Hors d’oeuvres • Opportunity to win one of five (5) $100 Cash Prizes during Meet & Greet (Must be present to win) • Raffle Prizes New This Year! Complimentary Dinner with Educational Presentation, following Meet & Greet for HOA Boards & Managers Admission and Self Parking is complimentary for HOA Board Members and Managers Advance Registration enters you in the Special Prize Drawing awarded at the Dinner (Must be present to win) RESERVATIONS – HOA BOARD MEMBERS & MANAGERS: COMPLIMENTARY* *HOA Member Guests will pay a discounted price of $20 pp for dinner Please RSVP before April 26 – Dinner Capacity Limited Phone: 818.500.8636 • Online: www.cai-glac.org • E-mail: joan@cai-glac.org • Fax: 818.500.8638 Association/ManagementName: Company: Phone:Address: E-mail: Are you planning to attend the Dinner and Educational Presentation? yes no Event Sponsors HIGHLIGHTS EVENT SPONSORS Anthony Elliot Insurance Agency, Inc. Collins Builders, Inc. Pacific Premier Bank Roseman & Associates APC Securitas Security Services USA, Inc. Stay Green Inc. W.C. Service Company, Inc. PARKING SPONSOR Heritage Construction, Inc. GRAND PRIZE SPONSORS CertaPro Painters Ltd. Marina Landscape, Inc. TABLE WINE SPONSORS Beaumont Gitlin SwedelsonGottliebTashjian DESSERT SPONSOR Pacific Western Bank BAG SPONSOR Gifted — creative marketing solutions Thanks to Our Sponsors and Exhibitors EXHIBITORS Accurate Termite & Pest Control Adco Roofing, Inc. Allied Waterproofing Systems, Inc. Behr Paint Corp./THE HOME DEPOT USA CAM CenturionServicesGroup (A Private Security Company) CommerceWest Bank Design Build FentonFenceworks,Dunn-EdwardsAssociatesPaintsInc.GrantMayfieldKaneda & Litt, LLP Ferris Painting, Inc. FHA Review a|v|s First Citizens Bank General Pavement Management, Inc. Mutual of Omaha Bank/CondoCerts Nautilus General Contractors P.W. Stephens Environmental, Inc. PCW Contracting Services, Inc. Preferred Commercial Painting, Inc. R.W. Stein Painting, Inc. Reconstruction Experts, Inc. Reserve Studies Incorporated S.B.S. Lien Services Scott Litman Insurance Agency, Inc. Select ServiceMasterPaintingby Eddie The Judge Law Firm The Termite Guy Timothy Cline Insurance Agency, Inc. ValleyCrest Landscape Maintenance Verizon Enhanced Communities West One|Janitorial Services WICR Waterproofing & Building Services, Inc. Witkin & Neal, Inc. CAI-Greater Los Angeles Chapter presents
More than 125 HOA board members and managers attended our May 2 Homeowners Association Marketplace at the Crowne Plaza LAX. This was the first of three regional events planned this year to provide an opportunity for local managers and boards to first network with service providers in a new, relaxed Meet and Greet reception, and then attend a hosted dinner and educational presentation. Guest Speakers Sandra Gottlieb, Esq. (Swedelson & Gottlieb) and Lisa Tashjian, Esq. (Beaumont Gitlin Tashjian) gave an excellent presentation on “How to Keep Your HOA Out of Court.” sincerely appreciate the ingenuity and hard work of our HOA Marketplace Committee members who planned this event: Committee Chair Alan Denison (Stay Green Inc.), Michael Huffman (Management Professionals, Inc. AAMC), Dori Kagan (Pacific Premier Bank), Sascha Macias (Seabreeze Management Company AAMC), Mike Roberts (ValleyCrest Landscape Maintenance) and Rickey Teems (Securitas Security Services USA, Inc.) p.m. p.m. HOA
We
Dinner with Educational Presentation “How to Keep Your
CAI-Greater Los Angeles Chapter presents CROWNE PLAZA LAX 5985 W. Century Blvd., Los Angeles 90045 SCHEDULE 5:00
16 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 17 Highlights from the Homeowners Association Marketplace
18 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter More Fun at the Homeowners Association Marketplace
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 19 Industry Friends Come Together
Thanks to hundreds of our members who phoned the Assembly Housing Committee, the legislators were encouraged to vote in favor of our Assembly Bill 1360 (Torres) despite strong opposition from an “anti-HOA” group that accused us of subverting the HOA election process in favor of board incumbents.
20 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter
Our fight now moves to all 80 Assembly Members, and I am asking that you stay in the battle with us. Look for our next grassroots alert. Remember, “It’s never over until it’s over!”
A second HOA election bill is AB 968 (Gordon) and we support it. This bill allows inperson voting in HOAs with 15 or fewer units. This is also an opt-in bill that requires the votes to be secretly cast.
A third measure is SB 391 (DeSaulnier) which requires that a $75 fee be paid for all recorded documents except those that are sales-transaction related. The language in the bill is vague and will cost HOAs a lot of money. We oppose this bill. Please share this information with your colleagues and clients. You can gather more information on our Hot Bills Blog at www.caiclac.wordpress.com, and be sure to sign up on our Web site www.caiclac.com to receive CLAC-TRAC e-mail alerts. Skip Daum is our veteran Legislative Advocate for CAI's California Legistlative Committee and may be reached at caiclac@aol.com.
FROM SACRAMENTO NEWS National Corporate Member of Community Associations Institute CACM Affiliate Member How will you fund your next community project? Get the job done right with the Community Association Loan toolkit. You’ll get custom financing that’s perfect for your budget and your community. Your Community Association Loan toolkit includes: • Competitive interest rates • Flexible payment plans • Innovative loan structures • Fixed rate loans • Non-revolving lines of credit Get the cash you need today. Lisa Ann Rea VP/Regional Account Executive 805.907.8452 Toll Free 866.800.4656, ext. 7500 lisa.rea@mutualofomahabank.com AFN45330 Member FDIC • Equal Housing Lender Equal Housing Lender Community Association Loans All the right tools for your next project.
Please know that our bill allows HOA members to opt-in to electronic balloting while preserving the secrecy of each member’s vote. It provides more accurate vote tabulation and retains members’ rights to challenge the election results. The bill allows e-balloting for all HOA elections.
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 21 826 2nd Street HOA 2050 Artesia HOA 2641 4th Street HOA 11767 Sunset Blvd. Assn. ALI Condo OA Bodger Park Condo HOA Budlong Villas HOA Inc. Cardiff Court O.A. Inc. Casa de Oro Condo HOA Casa De Valley View OA, Inc. Chalmers/Wooster Plaza HOA Chateau Goshen HOA Culver Centrale HOA Del Mar Terrace HOA Galaxy GorhamHOAPark HOA Inc. Hayworth OA Hillcrest Meadows OA Hillcrest Rolling Hills HOA Idaho Villas HOA Kelton Arms COA Lawford HOA Marine Village HOA Oak Hill Condo HOA Oak Street HOA Park Crest HOA Parkview Manor-Lockland Inc. Polynesian SeascapeRancho-GlenOAHOA–Redondo HOA Inc. Silver Spur Court HOA Silverview Townhomes HOA Inc. South Bay Estates HOA South Hermosa Townhomes HOA Inc. South Shore Mediterranean HOA Textile Building OA The Vista Pacifica HOA V.I.P. Goshen Assn. Inc. Villa Pacifica T.C. HOA Villa Serena C.A. Inc. Westgate Townhomes COA Westside Townhomes HOA Wilshire Selby Towers East C.A. Inc. Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLPTOTAL:CONTRIBUTIONCURRENT$9,666 GOAL: $23,081 of35%goal as of 4/30/13 OUR THANKS TO 2013 CLAC CONTRIBUTORS JANUARY 1 – APRIL 30, 2013
22 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter Condominium Exterior High - Rise Commercial H.O.A. Commercial Exterior Apartment CondominiumExteriorExterior Commercial Exterior Commercial Exterior Commercial Exterior Commercial Exterior H.O.A. Exterior H.O.A. Exterior H.O.A. ShoppingExteriorMall Tennis Court HI-TECH Painting and Water Proofing 1-800-750-8423 www.hitechpainting.com Lic. # B, C-33 866801 E thexperience D FREE ESTIMATE 1-800-750-8423 We were recognized with a national CAI Achievement Award for Leadership at the CAI National Conference in April for presenting the educational program “Drawing the Line Between Community Living and Assisted Living.” This program started the conversation about one of the most important issues facing HOAs in the next 2030 years with aging baby boomers. The goal of this luncheon program was to meet the educational needs of our community managers and HOA boards who are guiding communities with aging populations. Many of these owners would prefer to age in-place in their homes but are on the borderline of being able to live independently. Managers had expressed that the expectations of some owners included services that generally would be provided in assisted-living facilities. In the opinion of managers and board members, these services were beyond the scope of their own and their staff’s duties. These expectations which were beyond the capacity of a community had led to Chapter Receives National CAI Achievement Award at National Conference THE GREATER LOS ANGELES CHAPTER IS BECOMING RECOGNIZED AS A CID INDUSTRY LEADER AND THE “GO-TO” RESOURCE ON HOA ISSUES IN THE LOS ANGELES AREA BECAUSE WE GET IN FRONT OF TRENDS AND PREPARE OUR MANAGERS AND HOA BOARDS NOW FOR THE FUTURE. Pictured left to right: CAI President Dennis Abbott, Chapter Executive Director Joan Urbaniak, Chapter President (and Program Speaker) Matt Ober, Esq. and CAI Chief Executive Officer Tom Skiba.
Judy Remley, Vice President 2797 Agoura Rd., Westlake Village, CA 91361 (888) 539-9616
2012 CAI-CLAC Volunteer of the Year Award
Lisa led the charge at year-end by committing her company to a CAI-CLAC donation and then challenging other business partners, management companies and associations to meet or exceed it. She put her personal and business reputation on the line by writing letters, sending e-mails and making phone calls to colleagues and encouraging them to make a contribution. During that drive, 26 business partners from various business types, individual members, community associations and management companies donated a total of $8,816!
complaints and demands from residents and their families. There was a question of legal obligation vs. legal exposure.
CONGRATULATIONS to Lisa Tashjian, Esq. of Beaumont Gitlin Tashjian for winning the coveted 2012 “Volunteer of the Year” award, presented by Community Association Institute’s California Legislative Action Committee (CAI-CLAC) at our 20th Annual Legislative Day at the Capitol in Sacramento, on April 29. Lisa was instrumental in helping the Greater Los Angeles Chapter reach its 2012 financial goal in support of CAI-CLAC. She diligently organized contribution collections at every luncheon, delivered the “CLAC Moment” updates, which resulted in an increased awareness of CAI-CLAC, and she has been a huge proponent of the Legislative Day at the Capitol, encouraging our chapter members to attend.
Most recently, as a Management Analyst for the City of Los Angeles Department of Aging, Rochelle had many resources within the City of Los Angeles to offer the group.
Receives
The Programs Committee felt this was a “must-do” topic — and of interest not only to managers and boards, but also to our business partners, many of whom are facing their own personal challenges with aging parents.
Theresident.Programs Committee invited Matt Ober, Esq. of Richardson Harman Ober, PC to speak. Matt is an attorney who is well-versed in the legal aspects of managing the challenge of an aging population. He was joined by Rochelle LeBlanc, MPA, a trained gerontologist with expertise in the analysis, administration and management of aging services.
Lisa Tashjian, Esq.
www.FirstBankHOA.comJudy.Remley@fbol.com Specialized banking for community associations & management professionals • Operating and Reserve Checking • Association Loans • CD Placement Services • Business Online Banking • Remote Deposit • Automated Lockbox Services • Automatic Assessment Payments • Simplified Association Signature Cards AssociAtion BAnk seRVices 2011HOAad-35x475.indd 1 12/22/11 7:26 AM
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 23
Managers and HOA boards see a trend of families who do not live locally counting on the condo complex services to fill the gaps of their own under-involvement… an expectation of responsibility. Our managers and HOA board members needed guidance. Managers and boards were becoming concerned as to what action they could or should take when obvious debilitating changes were occurring with an aging
Aberdeen Management Company, Inc. Accell Property Management Concept Seven, LLC Management Professionals, Inc. Ross Morgan & Company, Inc. Seabreeze Management Company, Inc. Valencia Management Group
24 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter
Concept Seven, LLC has been an active CAI member since 2005 with CEO Mike Lewis, PCAM®, being a current CAIGLAC Board Member and Finance Committee Co-Chair.
Concept Seven, LLC Receives AAMC® Designation from CAI
MANAGEMENTAAMC-ACCREDITEDCOMPANIES IN THE GREATER LOS ANGELES CHAPTER
This is the only “Company” designation of distinction in our industry. They are the seventh company in the Greater Los Angeles area and one of only nineteenth companies in California to receive this national designation.
CONGRATULATIONS TO CONCEPT SEVEN, LLC. THE FULL-SERVICE TORRANCE MANAGEMENT COMPANY HAS BEEN AWARDED THE ACCREDITED ASSOCIATION MANAGEMENT COMPANY (AAMC®) DESIGNATION FROM CAI. companies must commit to continuing education for all management staff and adhere to CAI’s Professional Code of Ethics. Only 207 management companies in the United States have earned the highest level of professional recognition in the community association field.
To earn the accreditation, companies must meet financial management and reporting requirements for client associations’ bank accounts, reserve funds, budgets and expenditures, and must maintain fidelity, liability and workers compensation insurance. The company must have three years of experience managing client community associations, and at least seventy-five percent of the company’s qualifying managers must hold a PCAM®, AMS®, CMCA® or Certified Property Manager (CPM®) credential. AAMC-accredited
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 25 WE ARE VERY PROUD OF DICK PRUESS, OUR PAST CHAPTER PRESIDENT AND PAST CHAIR OF THE CALIFORNIA LEGISLATIVE ACTION COMMITTEE, WHO WAS HONORED AT THE RECENT CAI NATIONAL CONFERENCE IN SAN DIEGO. HE RECEIVED THE AWARD OF EXCELLENCE IN GOVERNMENT AND PUBLIC AFFAIRS, WHICH IS PRESENTED TO AN INDIVIDUAL WHO HAS ADVANCED THE GOVERNMENT AND PUBLIC AFFAIRS INITIATIVES OF CAI AND ITS MEMBERSHIP.
DICK PRUESS is a community association volunteer leader who led CAI’s California Legislative Action Committee (CLAC) in 2012, a year in which CLAC had tremendous success. Dick gave a significant amount of his personal time to lead CLAC and support, whenever asked, federal issues. He attended countless meetings of the California Law Revision Commission in Sacramento at his own expense and was instrumental in influencing positive improvements made to the DavisStirling Act. Dick also serves on the
Dick Pruess Receives National CAI Award of Excellence in Government and Public Affairs board of his community association, which has experienced financial difficulties due to foreclosures. He took his story to a federal hearing in Chicago to testify on behalf of CAI to help federal regulators understand the crisis affecting community associations around the country and educate them on the importance of taking into consideration the effects of laws and regulations on associations. His efforts on behalf of CAI and the industry made Dick an obvious choice to receive this award.
The day was successful in other ways as well. Eighty CAI members met with legislators from Sacramento to San Diego, and with key legislative staffers. CLAC’s advocate, Skip Daum, spoke on pending bills. Attendees also received a report from CAI’s senior vice president for governmental and public affairs, Dawn Bauman, CAE, regarding CAI’s national advocacy efforts. CLAC presented Assemblymember Bob Wieckowski its Legislator of the Year Award for 2012. Legislative Day generated a lot of energy for CAI and for the concerns of community associations in California. at Capitol
the
Annual Legislative Day
26 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter Our dedicated experts understand the needs of associations. We can Finance your essential projects, including: • Building Repairs • Improvement Projects Contact Larry 714-864-5171Hooper lhooper@bpop.com Imagine a bank that enhances and protects the financial health of your community association. ©2010 A Division of Banco Popular North America. Member FDIC. associationbankers.com We offer state-of-the-art Lock Box services as well as a full array of other depository services.
The Community Association Institute’s California Legislative Action Committee held its 20th Annual Legislative Day at the Capitol on April 28 and 29. Homeowners, community association managers, and business partners that serve community associations convened for a day of education. They met with their legislators the following day, to explain the benefits of CLAC-sponsored bill AB 1360, which would allow community associations the option to use electronic voting, just like all other non-profit corporations in California. Attendees also discussed CLAC’s positions on AB 968, which would simplify the voting process, while maintaining the secret ballot, for very small associations; and SB 391, which would have the unintended consequence of burdening the same financially-challenged homeowners it seeks to help.
CLAC’s efforts have borne fruit already – the Assembly Housing Committee approved AB 1360 without a single “no” vote on May 1, and the bill is on its way to the Assembly floor.
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 27 CBI – Collins Builders, Inc 18342 Gothard St. Huntington Beach, CA 92648 www.collinsbuilders.com ca license 525783 TOLL FREE 800•699•1644 TEL 714•842•9600 FAX 714•842•6911 EMAIL info@collinsbuilders.comWEBcollinsbuilders.com CONSTRUCTION SERVICES DESIGN BUILD EXPERTS DECK COATING & RECONSTRUCTIONWATERPROOFING&RENOVATIONSTRUCTURALREPAIRSOLUTIONS REMODELING SPECIALISTS HARDI SIDING RATED Quality Construction Since 1959 CMYCYMYCMYMCK CB Ad - 2-2013 AH.pdf 1 2/7/2013 8:29:00 AM Meet ChengPhyllis Guest Speakers Phyllis Cheng, Executive Director of the Department of Fair Employment & Housing (DFEH), and Kelly Richardson, Esq. of Richardson Harman Ober PC spoke to more than 140 CAI members and guests at the April 24 Educational Luncheon about how associations can be affected by the DFEH—including housing discrimination, sexual harassment issues and disability violations.
Alawsuit filed against a homeowners association, even when frivolous and brought in bad faith, can have a devastating effect on an association’s limited funds. When a frivolous or bad faith lawsuit is filed, a homeowners association should consider the use of a motion for sanctions under California’s Code of Civil Procedure (“CCP”) section 128.7. This statute was enacted to protect against abuses of the legal system, and can be a highly effective tool to compel a plaintiff to voluntarily dismiss a lawsuit which lacks legal and/or factual merit.
In California, every attorney or unrepresented party who signs his or her name on a complaint filed in the Superior Court makes an implied “certification” as to its legal and factual merit. Among other things, the person signing the complaint is certifying that (1) it is not being presented primarily for an improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of litigation, (2) the claims or other legal contentions asserted are warranted by existing law or by a nonfrivolous argument for the extension or change in existing law, and (3) the factual contentions have “evidentiary support” or are likely to have evidentiary support after reasonable opportunity for further investigation or discovery. An attorney or unrepresented party who violates this certification is subject to both monetary and nonmonetary sanctions.
By David A. Bernardoni, Esq.
An example of a frivolous or bad faith lawsuit could be one filed by an individual who seeks to enforce the governing
28 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter
A MOTION FOR SANCTIONS IS AN EFFECTIVE TOOL TO DEFEAT FRIVOLOUS & BAD LAWSUITSFAITH
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 29 Experience professional delinquentrecovery.assessment 888-845-8808 www.witkinandneal.com 1/28/13 5:04 PM Page 1 documents, allegedly as a member of the association, but in fact, is not a member. In this situation, there is a factual dispute as to membership, which could be very time consuming and expensive to defeat. Under CCP section 128.7, the association could seek sanctions against the offending attorney or unrepresented party utilizing a two-step procedure.
David Bernardoni is an attorney with the law firm Kulik Gottesman & Siegel LLP in Sherman Oaks, CA. He can be contacted at dbernardoni@kgslaw.com.
If the court determines the CCP section 128.7 certification has been violated, the court may impose an “appropriate” sanction upon the attorney, the law firm, or the parties responsible for the violation. What is “appropriate” will depend upon the facts of the specific case. Examples of nonmonetary sanctions the court could impose include striking the offending complaint, remanding the offending attorney and/or party, requiring an attorney to participate in continuing legal education programs, or referring the attorney to disciplinary authorities. Examples of monetary sanctions include imposing fines or penalties payable to the court, or awarding the moving party its attorneys’ fees and/or other expenses incurred as a direct result of the violation. Interestingly, the statute provides that “absent exceptional circumstances,” a law firm must be held jointly responsible for violations by its partners, associates, and employees, and sanctioned accordingly. The threat of monetary sanctions is a strong deterrent, especially to attorneys, to filing frivolous or bad faith lawsuits. If a strong argument can be made that CCP section 128.7 has been violated, often times providing the offending attorney with informal notice of the violation will prompt corrective action, which may include dismissing the lawsuit. However, if the argument for a violation of CCP section 128.7 is not strong, the moving party must be mindful that if the court finds the motion for sanctions was brought for an improper purpose, such as to harass or to cause unnecessary delay or increase the cost of litigation, then the party or the party’s attorney filing the motion could itself be subject to a motion for Notsanctions.onlycan a sanctions motion be brought under CCP section 128.7 for offending complaints, but it can also be brought for offending cross-complaints, answers, demurrers, or other motions. While situations warranting the filing of such a motion for sanctions is uncommon, it is a powerful and effective motion which can save a homeowners association valuable time and money when utilized correctly.
The first step is to serve the sanctions motion without filing it. The statute provides that the opposing party then has 21 days to “withdraw the pleading” to avoid sanctions (referred to as the “safe harbor” waiting period). If the complaint has not been “withdrawn” (i.e., dismissed or amended) at the end of the waiting period, then the second step is to file the motion.
30 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter NEW CAI-GLAC MEMBERS! WELCOME AS OF MAY 31, 2013 BUSINESS PROFESSIONALS RE CRUITER FPK Security, Inc. CA I National GS Specialties CA I National iNx Building Maintenance Solutions Michelle Urbina Outfit Manny Diaz, CMCA®, AMS® Richard Stewart Painting Ray Echlin MANAGEMENT COMPANIES Valley Association Management, Inc. CA I National Wall Street Realty Property Management CA I National COMMUNITY ASSOCIATIONS College Avenue Townhomes HOA CA I National COMMUNITY MANAGERS Jennifer Brunston Ramona Acosta, CMCA®, Ontrack Asset Management AMS®, PCAM® David Bucks Jim Bucks, CMCA® Valley Association Management, Inc. Brian Fleming Sh anne Ho, CCAM®, PCAM® Tara Hill HOA Linda Lorraine Ireland CA I National Ernesto “Duke” Moreno Diane Lortie-Dudasik Bali Management Group, Inc. Matthew Freeman Quinn CA I National Tara Hill HOA Christine Vanderbeck-Alfieri, CMCA®, AMS® CAI National RMI Management, LLC COMMUNITY ASSOCIATION LEADERS Peggy Daughtry Michelle Sestos David Pozzi CA I National Chapter Members and Friends Enjoy Dinner Together During CAI National Conference in San Diego
CAI-Greater Los Angeles Chapter May/June 2013 | www.cai-glac.org 31 TO RENEWING MEMBERS! OUR THANKS AS OF APRIL 30, 2013 BUSINESS PROFESSIONALS Adams Kessler, PLC Aeroscopic Environmental, Inc. Allstate Landscape Services, Inc. Anderson Group International Antis Roofing & Waterproofing, Inc. Aqua GibbsFirstEmpireDunn-EdwardsDesignBELFORAssociationStudies.comCreationsPropertyRestorationBuildAssociatesCorporationPainting&ConstructionBankGidenLocherTurnerSenet & Wittbrodt, Gifted…creativeLLPmarketing solutions Jeffrey Hall Financial & Insurance KevinServicesDavis Insurance Services McCaffery Reserve Consulting MPM Waterproofing & Building Services, Inc. NorthStar Moving Corporation Nu Air Services, Inc. Reconstruction Experts, Inc. Reserve Studies Incorporated Ross Mediation Services Scott Litman Insurance Agency, Inc. Select ServproPaintingofBurbank, Chatsworth, Van Nuys & Crescenta Valley Servpro of Santa Clarita TimothySunwestPalmdale/Acton/LancasterValley/BankClineInsuranceAgency, Inc. TruGreen Landcare Unified Protection Services, Inc. West One Janitorial Services COMMUNITY ASSOCIATIONS 12000 S. Broadway HOA 4277 Coldwater Canyon HOA Bridgeport Community Association Del Prado HOA Harbor Terrace HOA Miraleste Canyon Estates HOA Nine-Fourteen Lincoln Blvd. HOA Raintree Mutual Corporation Rancho Glenbrook HOA Royal Palms Association Tara Hill HOA Village Court Del Amo HOA Warner Village III HOA Woodley Village HOA COMMUNITY MANAGEMENT COMPANIES Action Property Management, Inc. Campion and Company Classic Property Management, Inc. WestcomVillefortTandemOptimumMcCabeJenkinsJHOACTCommunityCoastManagement.netPropertyManagementPropManagement,Inc.Organizers,Inc.&NRealty,Inc.PropertiesManagementCompany,Inc.PropertyManagement,Inc.ProfessionalPropertyManagement,Inc.PropertyManagement&AssociatesPropertyServices,Inc. COMMUNITY MANAGERS Cecil Barber, CMCA®, AMS® Ross Morgan & Company, Inc., AAMC Omar Bayter Village Northridge HOA Terry Brewer Promenade Owners Association Jennifer Cleveland Gold Coast Property Pros Lisa Frasquillo HarborPlace Tower HOA Tammy Gamblin, CMCA®, AMS® Ross Morgan & Company, Inc., AAMC Sandra Levinson, CMCA®, AMS®, PCAM® The Colony at Westwood HOA Ann Parhms, CMCA® Raintree Mutual Corporation Joanne Pena, CMCA®, AMS®, PCAM® Horizon Management Company Richard Perry, CMCA® CoastManagement.net Craig Phillips, CCAM®, CMCA®, AMS®, PCAM® International Tower Owners Association Francesca Prillwitz Horn Plaza HOA Robert Sides, CCAM®, PCAM® Regatta Seaside HOA Cheryle Stites, CMCA® Bali Management Croup, Inc. Sharon Topping, CCAM® Merit Property Management Denise Valdes Miraleste Canyon Estates HOA Vida Vescera Royce Property Management Jeanne Waal, CMCA® Massingham & Associates COMMUNITY ASSOCIATION LEADERS Jan BarbaraBartholomewJeanHodges
32 www.cai-glac.org | May/June 2013 CA I-Greater Los Angeles Chapter ADVERTISING INFORMATION Dimensions & Rates: Artwork must not exceed the exact dimensions of that size ad. For more information, call the Chapter office: 818-500-8636. Ad Size Ad Dimensions MembersNon-Members ⅛ page 3½" wide x 2" (Horizontal)high $200 $400 ¼ page 3½" wide x 4¾" high (Vertical) $300 $600 ½ page 7½" wide x 4¾" (Horizontal)high $425 $850 Full Page 7½" wide x 10" high (Vertical) $800$1,400 Payment: Rates are subject to change without notice. By credit card, check or cash. Minimum three-insertion contract. Rates subject to change without notice. Advertising Sales: Please contact the Chapter office for advertising specifications and deadline information at: 818-500-8636. ADVERTISERS INDEX 6 Animal & Insect Pest Management, Inc. 20 Association Reserves, Inc. 23 Berg Insurance Agency 28 Cacho MaintenanceLandscapeCo.,Inc. 27 Collins Builders, Inc. 21 Farmers Insurance Group –Steven G. InsuranceSegalAgency, Inc. 29 Ferris Painting, Inc. 23 First Bank 31 First Bank 32 Gayle G. Gould, CPA 22 Hi Tech Painting & Decorating 26 Milstein Adelman, LLP 20 Mutual of Omaha Bank/ CondoCerts 32 Poindexter & Company, CPAs 26 Popular Association Banking 28 P referred Commercial Painting 25 R.W. Stein Painting, Inc. 30 Reserve Studies Inc. 5 Ross Morgan & Company, Inc. 24 Sandra Macdonald Insurance 15 Seacoast Commerce Bank 9 Select Painting 11 SwedelsonGottlieb 29 Witkin & Neal, Inc. 13 Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP JUNE 2013 04 Westside Evening Program for HOA Boards and Managers –7:00 p.m. Regatta Seaside HOA, Marina del Rey 10 Annual Golf Tournament – 8:00 a.m. Woodland Hills Country Club, Woodland Hills 14 Chapter Board of Directors Meeting – 8:30 a.m. Chapter Office, Glendale 19 Luncheon Program for HOA Boards and Managers – 11:30 a.m. Skirball Cultural Center, Los Angeles 26 Valencia Educational Breakfast for HOA Boards and Managers –8:30 a.m. Bridgeport HOA Clubhouse, Valencia JULY 2013 12 Game Night – 5:00 p.m. CenterPointe Club, Playa Vista 19 Chapter Board of Directors Meeting – 8:30 a.m. Chapter Office, Glendale 20 Essentials of Community Leadership Workshop – 8:15 a.m. Regatta Seaside HOA, Marina del Rey AUGUST 2013 16 Chapter Board of Directors Meeting – 8:30 a.m. Chapter Office, Glendale 17 Wine Night – 5:00 p.m. Rosenthal Wine Tasting Room Garden, Malibu 22 Luncheon Program for HOA Boards and Managers – 11:30 a.m. Skirball Cultural Center, Los Angeles 2013 UPCOMING EVENTS
CURRENT SPONSORS: AMARR Studios, Inc.
The member who has recruited the most new memberships in the previous month will be recognized at the next luncheon and awarded a FREE LUNCH. In the case of a tie, a random drawing will determine the winner.
GRAND PRIZE 3-day/2-night Weekend Getaway
The Build CAI-GLAC Recruiter Contest runs for 12 months and is designed so that current CAI members can earn valuable prizes for sharing the benefits of CAI membership with friends and colleagues.
Concrete Hazard SolutionsDM Construction Services Ronald S. Stone, CPA PhD Professional Services Construction, Inc.
Help BUILD CAI-GLAC And Reward Yourself by Recruiting New Members in 2012 Grand Prize 3-day/2-night Weekend Getaway on the Central California Coast Build CAI-GLAC Recruiter Contest runs for 12 months and is designed so that current CAI members can earn valuable prizes for sharing the benefits of CAI membership with friends and colleagues.
Participating members will receive: ★ One (1) point for each business partner member recruited in a category already existing in the 2013 Membership Directory, ★ Two (2) points for a business partner in a sector of business not yet represented in the Chapter, ★ Two (2) points for an individual HOA board member or community manager, and Three(3) points for recruiting a management company.
GRAND PRIZE ($1,000 value) Member with the highest number of points as of December 31, 2013 wilI receive the Grand Prize. In cases where there are two or more members with equal points, those names will be put into a bowl and randomly drawn to determine the winner. Points will accrue from January 1 through December 31, 2013 for the Grand Prize. Members earn points based on the membership category.
All completed applications and membership dues for qualified applicants must be received at CAI between January 1, 2012 and December 31, 2012. to be counted toward the Grand Prize.
Participating members will receive: One(1) point for each business partner member recruited in a category already existing in the 2012 Membership Directory, Two(2) points for a business partner in a sector of business not yet represented in the Chapter, Two(2) points for an individual HOA board member or community manager, and Three(3) points for recruiting a management company.
THREE CONTESTS … THREE PRIZES
RECRUITER-OF-THE-MONTH
• SLIDING SCALE POINT SYSTEM CAN GIVE YOU AN EDGE.
To receive credit, you must be listed as the CAI member responsible for recruitment on the printed application form submitted, or be identified through CAI National membership reports.
RECRUITER-OF-THE-MONTH
RULES
RECRUITER RAFFLE All 2013 recruiters (except the Grand Prize winner) will go into a raffle drawing held in early January 2014 (when all the 2013 results are in) to win an Evening Out on the Town ($500 value). Help BUILD CAI-GLAC And Reward Yourself by Recruiting New Members in 2013
The member who has recruited the most new memberships in the previous month will be recognized at the next luncheon and awarded a FREE LUNCH. In the case of a tie, a random drawing will determine the winner.
RECRUITER RAFFLE All 2012 recruiters (except the Grand Prize winner) will go into a raffle drawing held in early January 2013 (when all the 2012 results are in) to win an Evening Out on the Town ($500 value)
• Members in good standing can compete to recruit new members and earn points toward the Grand Prize.
• All completed applications and membership dues for qualified applicants must be received at CAI between January 1, 2013 and December 31, 2013 to be counted toward the Grand Prize.
The following rules apply to the campaign:
The following rules apply to the campaign: Members in good standing can compete to recruit new members and earn points toward the Grand Prize.
THREE CONTESTS...THREE PRIZES
• To receive credit, you must be listed as the CAI member responsible for recruitment on the printed application form submitted, or be identified through CAI National membership reports.
GRAND PRIZE ($1,000 value) Member with the highest number of points as of December 31, 2012 wilI receive the Grand Prize. In cases where there are two or more members with equal points, those names will be put into a bowl and randomly drawn to determine the winner. Points will accrue from January 1 through December 31, 2012 for the Grand Prize. Members earn points based on the membership category.
SLIDING SCALE POINT SYSTEM CAN GIVE YOU AN EDGE.
CAI-GLAC 130 N. Brand Blvd., Ste. 305 Glendale, CA 91203 Change Service Requested PRSRT STD U.S. POSTAGE PAID SAN BERNARDINO, CA PERMIT #1 Order Your 2013 Condominium Bluebook Today! Price: $26.00 per copy, tax and shipping included. Order copies online at: www.cai-glac.org. Have you just been elected to your board of directors or are contemplating running for a board seat? You can now access our Community Leadership Series online by subject. Learn the basics that you need to govern your community association more effectively and efficiently — anywhere at your own pace and time. From the time you register online, you will have two weeks to view the class. If you are unable to finish it in one sitting, you can log back in anytime within the two-week period through your account in the Members Only area. Chapter Introduces Online Learning for Community Association Boards and Managers! Classes are available to CAI-GLAC members and non-members. $25 for chapter members • $35 for non-members Modules Online Fiduciary Duties and Responsibilities Steven A. Roseman, Esq., Roseman & Associates, APC Rules and Regulations: Adoption & Enforcement Kelly G. Richardson, Esq., Richardson Harman Ober, PC Learn more and register now at www.cai-glac.org
