Focus Magazine - November/December 2014

Focus

November/December 2014

L.A.’s Premier Source of Information for Community Associations

Mediation: The Best Alternative for Resolution Understanding the Stages of a Mediation Always Expect the Unexpected

SAVE THE DATE:

Ponies, Prizes, & Play Santa Anita Park March 21

Mediation

CAI‐GLAC OUTREACH COMMITTEE SEASON OF GIVING

JOIN US! ‘Tis the Season of Giving here at

CAI-GLAC. Please join us in helping our community during the holiday season.

CALENDAR

Toy Collection/Food Collection Friday, December 5 CAI-GLAC Holiday Happy Hour Bel Air Crest Master Association **See amazon.com & toysRus.com wish lists for CAI-GLAC. On Toys-R-Us site, use CAI-GLAC as last name.** Stuff -a-Bus Toy Delivery Friday, December 12 5:00 a.m.

Meet at Starbucks at 5:00 a.m.

22815 Victory Blvd., West Hills 91307 818-883-0567 We will decorate our cars and deliver the toys to Garth Kemp (ABC7) at the Westfield Topanga Mall. Dress up and bring garlands, lights, etc. to decorate your car for the caravan!!

Volunteer at the LA Food Bank Saturday, December 13 1734 E. 41st Street, Los Angeles 90058 8:30 a.m.—12 noon Registrations and waivers must be done electronically this year, please sign up on the CAI Website and follow waiver instructions www.cai-glac.org.

STUFF-a-BUS!!! Let’s get enough toys to caravan on TV!!! Join us as we dress up and deliver the toys to Garth Kemp & ABC 7’s Stuff-a-Bus event!

2014 BOARD OF DIRECTORS OFFICERS Matt D. Ober, Esq., President Richardson Harman Ober, PC, 626-449-5577 Katy Krupp, President Elect Fenton, Grant, Mayfield, Kaneda & Litt, LLP, 949-435-3800 Michael Lewis, CCAM®, CMCA®, AMS®, PCAM®, Vice President Concept Seven, LLC, 310-622-7012 Joanne Peña, CMCA®, AMS®, PCAM®, Secretary Horizon Management Company, 310-543-1995 Gregg Lotane, CCAM®, PCAM®, Treasurer The Wilshire Condominiums, 310-446-5333 DIRECTORS Carol Brockhouse, AMS® CoastManagement.net Donald Campbell, CCAM®,CMCA®, AMS® Wilshire Regent HOA Tina Chu, Esq. Adams Kessler, PLC, 310-945-0280 Pamella De Armas SAX Insurance Agency, 310-740-4274 Robert Ridley, Esq. Castlegate HOA, 213-626-0291 Lynn Ruger Warner Club Villas HOA, 818-703-7090 Lisa Tashjian, Esq. Beaumont Gitlin Tashjian, 866-788-9998

CHAPTER EXECUTIVE DIRECTOR Joan Urbaniak, MBA, CMCA®

2014 COMMITTEE CHAIRS AWARDS Katy Krupp, Fenton, Grant, Mayfield, Kaneda & Litt, LLP COMMUNITY OUTREACH Meigan Everett, CMCA®, PCAM®, Gold Coast Property Pros EDUCATION Gerry Suenram, CCAM®, PCAM®, Action Property Management FINANCE Jolen Zeroski, CMCA®, Union Bank HOA Services GOLF TOURNAMENT Teresa Agnew, Roseman & Associates, APC LEGISLATIVE ACTION Lisa Tashjian, Esq., Beaumont Gitlin Tashjian MARKETPLACE Alan Denison, Stay Green Inc. MEDIATION SERVICES Matthew Grode, Esq., Gibbs, Giden, Locher, Turner, Senet & Wittbrodt, LLP PROGRAMS/LUNCHEONS Linda Healey, CCAM®, PCAM®, The Californian on Willshire

NEWSWORTHY 4 Mediation – The Best Alternative for Resolution of Common HOA Disputes 6 Understanding the Stages of a Mediation from a Mediator’s Perspective 8 Always Expect the Unexpected 10 Getting Past Emotional Barriers in Homeowner Mediation 12 The Art of Negotiation 14 Changes to IDR Procedures 18 Take Advantage of CAI-GLAC’s Low-Cost Mediation Service 22 Summary of New Legislation - 2014 28 NEWS FROM SACRAMENTO

CHAPTER UPDATE 2 Note from the Editor’s Desk 3 Message from the President

NOTEWORTHY 3 Essentials of Community Leadership Workshop 5 PMP Receives AAMC® Designation from CAI 16 Homeowners Association Marketplace Oktoberfest Highlights 20 Homeowners Association Marketplace Salute To Our Veterans Highlights On the Cover

FYI 31 32 32 32

Oakhurst Homeowners Association

CAI-GLAC Membership News 2015 Upcoming Events Advertisers Index Advertising Information

PUBLICATIONS Matthew Gardner, Esq., Richardson Harman Ober PC FOCUS Magazine Matthew Gardner, Esq., Richardson Harman Ober PC Jacklyn Wolf, Stonemark Construction Management Membership Directory Stephen S. Grane, Alante/MCS Insurance Services Web Site Lynne Collmann, CMCA®, AMS®, Savoy Community Association SATELLITE PROGRAMS Ruth Moffitt, CMCA®, AMS®, PCAM®, Valencia Management Group Craig Phillips, CCAM®, CMCA®, AMS®, PCAM®, International Tower Owners Assn.

This publication seeks to provide CAI-GLAC’s membership with information on community association issues. 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 © 2014.

SOCIAL Donald Campbell, CCAM®, CMCA®, AMS®, Wilshire Regent HOA Angel Fuerte, FRESHCO Painters Inc.

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.

WINE NIGHT Joanne Peña, CMCA®, AMS®, PCAM®, Horizon Management Company Jolen Zeroski, CMCA®, Union Bank HOA Services

National Office Address: 6402 Arlington Blvd. #500, Falls Church, VA 22042 Tel: 888/224-4321 • Web Site: http://www.caionline.org

CAI-Greater Los Angeles Chapter

SAVE THE DATE: Ponies, Prizes, & Play Santa Anita Park March 21

STAY CONNECTED:

130 N. Brand Blvd., Ste. 305 Glendale, CA 91203 Office: 818-500-8636 Fax: 818-500-8638

November/December 2014 | www.cai-glac.org

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Mediation

always surprises. In her experience, a good mediator must be ready to handle any situation that arises with patience, flexibility and a sense of humor.

W

Wendy Fassberg, Esq. dives directly into the heart of conflict, discussing how emotions are one of the greatest impediments to successful conflict resolution. Lisa Ann Rea’s article focuses on basic negotiation fundamentals as a way to strategize success and achieve your goal.

HEN THE PUBLICATIONS COMMITTEE decided to tackle the topic of Mediation, we also had an ulterior motive: to promote our chapter’s Low Cost Mediation Service. We are extremely fortunate to count as Chapter members several experienced mediators who have contributed excellent articles for this

When a homeowner has a dispute with his or her association involving their rights, duties, or liabilities under the Davis-Stirling Act, an association is required to provide “internal dispute resolution (IDR).”

Denise Iger, Esq. explains when and why IDR should FROM THE EDITOR’S DESK be used, the impact of Assembly Bill 1728, and why issue. As you read them, we hope you associations should take a critical look will appreciate the mediation process at their IDR polices. and consider it as a positive course of resolution for your next dispute.

Wow! It’s impossible to read these articles and not be impressed by how We lead off with a mediation overview skillful a good mediator must be.

by Barry Ross, Esq. Mr. Ross explains Hopefully, you are also thinking that how the mediation process, with an mediation could be a positive experience. impartial neutral party as mediator, can So where do you sign up? See “Take be instrumental in resolving common Advantage of CAI-GLAC’s Low-Cost HOA-related disputes and bringing a Mediation Service” for details. community back into harmony. I wish we would all adopt Barry’s perspective Since FOCUS always closes out its that, through mediation, participants publishing calendar with a legislative can create better attitudes towards one update, Michael Rabkin, Esq. another while creating thoughtful, summarizes new 2014 laws which will mutually-acceptable solutions, with a affect all HOAs. harmonious outcome.

Whether you are in an uncomfortable Debra Sheppard, Esq. then leads board meeting or having a strained us through the progressive steps of conversation with your neighbor, the a mediation and emphasizes how guidelines for mediation in this issue valuable good preparation is to the are practical tools for communicating outcome. She discusses the role that effectively while maintaining positive expectations and attitudes play in relations. Good luck practicing your resolving disputes. Laura Snoke, Esq. new skills! offers great mediation advice: expect Warm regards, the unexpected because there are — Jacklyn Wolf, Editor

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.

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2014 CAI-GLAC Super Sponsors PLATINUM

Accurate Termite & Pest Control Fenceworks, Inc. Fenton, Grant, Mayfield, Kaneda & Litt, LLP Ferris Painting, Inc. Guard-Systems, Inc. Hi Tech Painting & Decorating, Inc. Pacific Western Bank Payne Pest Management Popular Association Banking Preferred Commercial Painting, Inc. R.W. Stein Painting, Inc. S.B.S. Lien Services Securitas Security Services USA, Inc. Steven G. Segal Insurance Agency, Inc. Union Bank HOA Services GOLD A.ALLBRIGHT 1-(800)-PAINTING

Adco Roofing and Waterproofing Animal & Insect Pest Management, Inc. Best Alliance Foreclosure & Lien Services Select Painting SILVER Association Reserves, Inc. Beaumont Gitlin Tashjian Berg Insurance Agency, Inc. California Waters Critter Busters, Inc. General Pavement Management, Inc. Marina Landscape, Inc. Milstein Adelman, LLP Mutual of Omaha Bank/CondoCerts PCW Contracting Services, Inc. Reserve Studies Incorporated SAX Insurance Agency Seacoast Commerce Bank State Restoration, Inc. Stonemark Construction Management SwedelsonGottlieb Timothy Cline Insurance Agency, Inc. ValleyCrest Landscape Maintenance Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP

BRONZE Accell Property Management, Inc., AAMC Action Duct Cleaning Cleaning Co., Inc. California Safety Agency Cardinal Property Management, AAMC/ACMF CBI-Collins Builders, Inc. CommerceWest Bank FRESHCO Painters Inc. International Realty & Investments MeterNet Sub-Metering & Billing Solutions Mission Landscape Services Poindexter and Company, CPAs Richardson Harman Ober PC Rose Paving Company, Inc. Silldorf & Levine, LLP South Shore Building Services, Inc. The Termite Guy & IRC Services Three Phase Electric We thank our 2014 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.

CAI-Greater Los Angeles Chapter

MESSAGE

FROM THE PRESIDENT

MOVING FORWARD

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S MUCH AS IT HAS BEEN AN HONOR to guide this Chapter as President for the past year, I look forward with great anticipation to passing the torch to Katy Krupp and her impressive Chapter Executive Committee of the Board that includes Lisa Tashjian as President Elect, Mike Lewis as Vice President, Joanne Peña continuing as Secretary, and Meigan Everett as Treasurer (and of course “yours truly” will join this esteemed group as Past President!). Stay tuned for great things to come.

The Executive Committee and Chapter Board of Directors will be guided by the goals set at the Chapter’s recent Strategic Planning meeting during which a select group of Chapter Leaders met and developed an action plan that will carry the Chapter into 2015. We started by reviewing the Chapter’s 2014 accomplishments, which included: 1) increased use of technology and social media to better connect with existing and potential members; 2) increased presence in regional locations to encourage member involvement in outlying areas of Los Angeles County; 3) membership enhancement in terms of our numbers and demographics— evening out the manager-to-business partner ratio; and 4) acknowledgement of the contributions of our volunteers through annual industry excellence awards and recognition for service throughout the year.

Moving forward, we will continue increasing our use of social media

CAI-Greater Los Angeles Chapter

and finding more ways to encourage members to connect with the chapter.

In addition, we will expand our regional presence by holding educational lunch programs in regional locations in addition to continuing our regional HOA Marketplaces. And finally, we will look at ways to increase membership value and benefits by offering programs and services based on generational characteristics, looking at what is of interest to our different demographic membership groups and how each prefers to engage, to learn, to connect.

Of course, we will continue to attract new members wherever and whenever possible, but not merely for the sake of becoming a larger Chapter. Our growth

will be measured and meaningful, focused on developing our core by improving on the programs and services — “the value” that Chapter membership provides. And since it’s “all about you” our members, we look forward to your input in all matters. Look for greater opportunities to tell us what you think and how we’re doing through committees, focus groups, educational workshops and social media and, of course, faceto-face communication. We can only improve your Chapter if you tell us what you want. We’re listening.

On behalf of the 2014 Chapter Board of Directors, I wish you a meaningful Holiday Season with family, friends and colleagues, and a most successful beginning to 2015.

—Matt D. Ober, Esq. Chapter President 1-877-446-2529

To learn more about CAl’s newest service and how mediation can benefit you, call the Chapter Office at 818-500-8636.

November/December 2014 | www.cai-glac.org

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MEDIATION – The Best Alternative for Resolution of Common HOA Disputes >>> By Barry Ross, Esq.

I

t has often been said, “Good fences make good neighbors.”

Fences can bring peace, or conveniently isolate or separate people when disagreements flare. But in the case of neighbors bound together in a community association relationship who are in a dispute, neighbors cannot easily isolate themselves from each other and the community of which they are members and share common ownership. There are no “fences,” figuratively speaking, in an HOA situation, to reduce tensions or block out problems. So problems must be confronted and handled quickly to bring peace amongst neighbors and restore equilibrium to the community at large.

In the past, the old cry “Litigate!” was often heard in an effort to resolve conflicts within a community association neighborhood. However, today many HOA boards and community members facing disputes are electing to go the “mediation route” instead of litigation. Mediation is the facilitated dialogue and negotiation of disputes where the parties are at cause over the outcome. This is done by utilizing

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the services and expertise of a trained “neutral” called a mediator. Mediation, a form of Alternative Dispute Resolution (ADR), can be instrumental in resolving common HOA-related disputes and bringing a community back into harmony.

The mediator is called a “neutral” because he or she is impartial and unrelated to the parties, the dispute and the HOA, and does not have a stake in the outcome other than the success of the process.

In mediation, the mediator renders no decision, but helps the participants reach a mutually agreeable decision. The mediator simply assists the participants, along with their respective legal counsel, to personally take on the responsibility of solving their disagreement themselves, without a judge or jury.

A good mediator does this by acting as a prism, inspiring participants to causatively dissect and examine their disagreements, find common ground and new, previously unseen paths to resolution. The participants are encouraged to innovate, discover and share a variety of fresh, enlightened viewpoints in a more comfortable, less formal setting than a court room.

Therefore, mediation is most often far less expensive and is faster than litigation, and usually leads to a satisfying, collaborative resolution in a confidential setting.

Mediation is effectively used in a variety of HOA-related disputes such as disputes between neighbors, matters regarding HOA fines, penalties, and violations, disagreements over governing documents, architectural review committee issues, assessments and dues, voting rights and privileges, association elections, pet, smoking and noise matters, signs and flag disagreements, construction defect litigation, and even third party vendor disputes with contractors, architects, and other HOA vendors.

In a recent dispute I helped resolve between a homeowner and an HOA in a condominium complex, the HOA had claimed the homeowner was not properly maintaining his balcony which was exclusive use common area, thus causing water damage to the neighbor’s unit below. The homeowner, on the other hand, claimed that the damage was due to a construction defect.

Both sides had become entrenched in their positions over time prior to opening a constructive dialogue in mediation. But as a result of the mediation, after each side was invited to calmly listen to one another and their experts, discuss options and consider the possibility of the cost and potential outcomes of a trial, both parties became motivated to work together for a common solution. The HOA and homeowner then decided CAI-Greater Los Angeles Chapter

to share repair costs and open better communication lines between each other to ensure the repairs were done correctly and to more quickly mitigate any future disagreements.

Similar to a goal often sought by participants in family mediation, one of the key purposes of community association mediation should be to protect and preserve community association relationships. Like family bonds that need to be preserved for future collaboration, community association members also need to guard their relationships that invariably will continue long after the dispute has ended. By working together with the mediator and their respective counsel in a team effort, the participants can create better attitudes towards one another while creating thoughtful, mutuallyacceptable solutions, rather than feeling left in the upset and resentment of a contentious trial.

Mediation is collaborative in nature, with a goal of a harmonious outcome. It is the perfect venue for HOA-related participants to dissipate rancor and put disputes behind them so they can enjoy living together within their community environment once more.

Barry Ross, Esq. is a full-time mediator based in Los Angeles with more than 40-years of experience in the real estate and community association fields. He can be reached at barryross@ROSSmediation.com. © 2014 Barry Ross, Esq. All Rights Reserved.

PMP RECEIVES AAMC® DESIGNATION FROM CAI Congratulations to Property Management Professionals, LLC. This full-service management company with offices in Valencia, Los Angeles and Westlake has been awarded the Accredited Association Management Company (AAMC®) designation from CAI. This is the only “Company” designation of distinction in our industry. It is the ninth company in the Greater Los Angeles area to receive this national designation.

PMP has been an active CAI member since 2009. The company’s portfolio of association clients number more than seventy throughout the Los Angeles area.

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 fifty percent of the company’s qualifying managers must hold a PCAM®, AMS®, CMCA® or Certified Property Manager (CPM®) credential. AAMS-accredited companies must commit to continuing education for all management staff and adhere to CAI’s Professional Code of Ethics. Less than 300 management companies in the United States have earned the highest level of professional recognition in the community association field.

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CAI-Greater Los Angeles Chapter

Tonya Guyot Vice Vice President | (310) 996-9106 Assistant President | (310) 996-9106 tguyot@pacificwesternbank.com tguyot@pacificwesternbank.com

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November/December 2014 | www.cai-glac.org

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 By Debra L. Sheppard, Esq.

UNDERSTANDING THE STAGES OF A MEDIATION FROM A MEDIATOR’S PERSPECTIVE The mediation process requires the parties to a dispute to go through various stages of emotions in order to arrive at a settlement. All disputes are emotion-driven and when the mediator can determine what emotions are driving the dispute, there is a good chance of settling the dispute.

Will the party have his or her position validated by receiving money?

Does the party want some kind of action from the other party?

THE FIRST STAGE is for each party to express their feelings and initial position about the dispute. A resolution cannot be reached if the parties fail to divulge their thoughts of and emotions concerning the dispute. Sometimes this stage does not end and a resolution cannot be achieved.

THE NEXT STAGE is presenting options for resolving the dispute. Preparation by the parties is paramount. The parties should be prepared to present information about the cost of various options. For example, if the dispute is about hardwood floors maintained in a unit which drive the owner or resident below crazy, the parties should be prepared to discuss options for other flooring and the cost of the alternative option.

Additionally, there may be an option to insulate the ceiling and the cost of that should be explored before the mediation.

If possible, the parties should have an expert measure or determine the sound rating of these various options. If the parties are not prepared with this information, it is unlikely that the parties will resolve their dispute.

As the mediation progresses, the parties should begin to fine tune their most important demands and what is acceptable and what is not acceptable. The parties should settle in to realistic expectations and demands. For example, it is unrealistic and illegal to expect a neighbor who has five

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children to keep the children inside all of the time. It is realistic to require that the children be instructed not to throw rocks at windows and not to engage in other nuisance conduct. If the parties are unable to focus on their primary goals in resolving the dispute and focus on minutiae or continually change the provisions of the agreement they are negotiating, the other party may dig in his or her heels, go back to stage one, and walk away.

THE LAST STAGE OF MEDIATION IS ACCEPTANCE. The parties have agreed in principle to promises they feel they can live with. Settlement agreements should not be unduly complicated but should attempt to cover various scenarios because humans are involved and circumstances change.

The agreement should be in writing, concise and not too long or involve too many steps or contingencies to accomplish the desired result. The agreement should be signed by both parties at the conclusion of the mediation. If the parties leave the mediation without signing an agreement, the dispute will most likely not be resolved because the parties may go back to a previous stage and be unable to move forward toward resolution.

Debra L. Sheppard, Esq. is the principal of Debra L. Sheppard & Associates A PLC, a full-service law firm, located in Woodland Hills, which handles all aspects of community association representation. Debra can be reached at dsheppard@sheppard-law.com.

CAI-Greater Los Angeles Chapter

CAI-Greater Los Angeles Chapter

November/December 2014 | www.cai-glac.org

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s an attorney and mediator for many years, I have learned the most important lesson for mediation: always expect the unexpected. Whether the parties send formal, lengthy briefs, replete with numerous citations to both facts and legal authorities, or whether they simply show up at the mandated start time, there are always surprises. A good mediator must be ready to handle any situation that arises with patience, flexibility and a sense of humor. Ideally, the participants in the mediation should also exhibit these qualities to insure a successful outcome.

I have been on the mediation panel for CAI since its inception.

I recently mediated a case through the CAI program involving a complaint from an owner that second-hand smoke was permeating her unit from the unit next door, causing detrimental health effects and generally causing a nuisance.

With the understanding that second-hand smoke is a declared carcinogen by the State of California, and knowing that many community associations and even entire cities have banned smoking completely, I assumed that the parties might consider forming a smoke-free complex as a way to resolve the dispute.

I was wrong. The complex happened to be composed of many smokers and others who took the “don’t tread on me” slogan to heart and did not believe anyone had the right to take away another’s right to smoke. The board of directors’ position reflected the sense of the community.

In addition to confronting an unusual and emphatic pro-smoking community, I was unprepared for the onslaught of people who attended the mediation. The participants included all 5 members of the board of directors, the association’s

attorney, the complaining homeowner, her attorney, and 3 other homeowners who were her allies, the smoker, her attorney, her property manager, and her two grown children, for a total of 16 participants! While I knew I would be faced with 3 parties, and had arranged for rooms for them, I did not anticipate the need for so many additional people.

In mediation, the facilities are extremely important. All sides to the dispute must be able to state their positions without being rushed, and feel that their positions are heard. Since discussions among the separate parties are to remain confidential, the facilities must allow for each side to have their own space. They must also be comfortable. The sheer number of participants in this mediation presented a challenge; finding enough chairs alone took some time. I was ultimately able to find an empty office, use of an alternate coffee room, and the necessary number of chairs to allow all sides to be able to have their comfort and their privacy.

There was a great deal of acrimony and all sides needed to express their positions, many vehemently. However, despite all of the heated feelings, none of the parties had considered whether modifications to the buildings could solve the problem.

Once all the parties had the opportunity to have their positions heard, the dispute was ultimately resolved. The association agreed to investigate ways to insulate the non-smoker’s unit, and the smoker agreed to pay a portion of the cost of the insulation.

Another interesting mediation involved an individual who owned many condominium units throughout Southern California. This owner was using the units for short-term rentals and as hotel rooms. He also had an airport pick-up business, to transport his tenants either to their “hotel” rooms in the units he owned in various condominium complexes, or

Always Expect the Unexpected  By Laura J. Snoke, Esq.

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CAI-Greater Los Angeles Chapter

to one of his units which served as a temporary way-station until their other, more traditional lodging was available.

The board of directors of one of the associations in which the owner was conducting this business was fed up, and demanded that the owner comply with the CC&Rs which prohibited use of units for transient or hotel purposes.

While the facilities for this mediation were appropriate, with each side having their own private, comfortable space, unexpectedly, some of the parties did not speak English, which led to difficulty in communication. All mediators will agree that the ability to communicate is instrumental in mediation and essential toward achieving a resolution of the dispute. Fortunately, one of the participants did speak both languages, and was an unexpectedly good interpreter.

Often the most difficult stage in achieving resolution of a conflict is at the end of the process. When parties see that the conflict is on the way toward resolution, they sometimes have trouble letting go. The mediator’s job is to facilitate the parties’ ability to let go and see another, better way to interact.

In this case, the board had issued a multitude of fines for many months against the owner for using his unit as a hotel, but had not attempted to collect the fines which had risen to many thousands of dollars. Early in the mediation, the board told me that the fines were not important: what was important was obtaining the owner’s compliance, and they agreed to waive the

fines. However, when all of the other issues had been resolved, the board then changed its mind and wanted to collect 100% of the fines. This could have derailed the resolution of this conflict, but after discussion with both sides, I recommended a solution that both parties agreed to, and the dispute was resolved.

Both of these mediations had unexpected twists and turns on the way towards resolution. In the first example, I was forced to respond quickly to accommodate the sheer number of participants and put aside my initial assumptions to accommodate their prosmoking position. In the second, either one of the challenges — the inability of some of the key participants to speak English, and the 11th hour refusal of the board to compromise on the issue of the fines—could have jeopardized the mediation altogether. In both cases, I was able to adjust to the circumstances, keep the parties engaged, and facilitate a resolution.

Some people believe that a successful mediation ends where both sides are unhappy, but forced to live with their compromise. I choose to strive for a resolution that leaves both sides satisfied with the result, and pleased that the conflict is over. In my experience, when the parties feel their positions are heard and given respect, and are a part of the solution, they end up satisfied with the outcome.

Laura J. Snoke is an attorney and mediator, a longstanding member of CAI and a member of the CAI panel of mediators.

Laura can be reached at lsnoke@snokelaw.com.

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Getting Past Emotional Barriers in Homeowner Mediation DISPUTES ROUTINELY ARISE BETWEEN NEIGHBORS in common interest developments, whether they are condominium communities, gated communities, mixed use developments, or single family residences. So often, disputes that involve homeowners are emotionally-charged. The parties come to the table angry, resentful, hurt, fearful, or feeling vengeful. Paradoxically, since these emotions can be present even in a purely business, market relationship, they are understandably a factor in many homeowner disputes where the issues are typically very personal.

One of the greatest impediments to the successful resolution of conflict is emotion. Under a behaviorist approach, it is posited that because the parties are in conflict, they are so embroiled in that conflict that they experience a high level of stress, which causes them to put blinders on and to hyper-focus only on the conflict. They have no peripheral vision which would allow them to see how this conflict integrates into the rest of their lives. They have the selectivity of considering only their own position, often consulting family and friends for opinions that are, of course, guaranteed to boost their sense of confidence.

This leads to an inflated sense of power. And sometimes the attorneys get just as invested in the conflict as their clients.

But, if there is so much emotion involved, can mediation actually be effective in connection with these disputes? There are several ways that emotion-laden parties can improve the chances of resolving their dispute at mediation. The first is to recognize when emotion rather than reason is directing their actions. Once having acknowledged this important fact, there needs to be an understanding that when trying to resolve a dispute, the existence of emotion as a driving factor generally works against one’s own interests. Therefore, ideally emotions

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➥ Wendy J. Fassberg, Esq.

should be checked at the door before entering the mediation.

This can be accomplished by stepping back from the controversy, and thinking through the ramifications of moving forward with litigation or other similarly costly alternatives.

Sometimes parties can do this on their own before mediation, and sometimes they need help. The mediator is hired to be the one who is not in a state of conflict, and who is charged with remaining clear and mindful of the big picture. Under these circumstances it is the mediator’s job to help shift and change the parties’ thought process. This includes working to bring the parties to the understanding that there are emotions present and how those emotions affect their decision making.

The mediator must then coax the participants back to a place where they can rationally evaluate their options and their alternatives. For example, because mediation is conducted in a somewhat informal setting relative to arbitration and litigation, but one which is nonetheless overseen by a mediator, the parties can feel free to express their emotions during mediation. This can sometimes provide a path toward rational decision making. It is the ability of a party to “let it all out” that clears the way for them to compromise and reach a settlement.

Sometimes people just want to be heard. Some are satisfied to tell their story and vent to the mediator, and some demand that the other parties hear what they have to say. Once having been heard, these parties are often ready to ramp down and look at practical solutions.

Timing can also play an important role in getting past emotional barriers in mediation. If it is convened prematurely, and one or both parties’ emotions are still raw and exposed, the mediation can fail to yield a settlement. On the other hand, given just a little time and space, and an intuitive mediator who

CAI-Greater Los Angeles Chapter

understands the dynamic of the situation and who recognizes very quickly the frame of mind of each party, most of these disputes can be resolved. Another common problem with parties who enter mediation emotionally charged is that they are constantly “looking sideways.” Looking sideways is where a party is more interested in how the other side is benefiting than in whether their own interests are being met. This can serve as a severe obstacle to settlement. It is important when this happens for the mediator to get the party to step back and focus on their own portion of the settlement, and how they will benefit from resolution.

At the end of the day the dispute belongs to the parties.

Assuming that they want to resolve their dispute, it is incumbent upon those parties to do everything they can, including controlling their emotions, to try to achieve a resolution that best satisfies their interests taking into account all of the relevant circumstances. But it is up to the mediator to read the situation and to utilize the most appropriate tools with which to help the parties to get past their emotional barriers and to make rational, informed decisions.

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She can be reached at wfassberg@fassbergmediation.com. ©2013 Banco Popular North America. Member FDIC.

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11

ARE YOU LOOKING FOR A BETTER WAY TO NEGOTIATE WITHOUT GIVING AWAY YOUR HAND UP FRONT? DO YOU HAVE A GOOD POKER FACE OR DO YOU PUT YOUR CARDS OUT ON THE TABLE WITH NO WIGGLE ROOM? YOU MAY NEED SOME HELPFUL HINTS ON THE ART OF NEGOTIATION.

The Art of Negotiation

 By Lisa Ann Rea

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ID YOU KNOW THAT NEGOTIATION IS ABOUT ART RATHER THAN SCIENCE? Science is fact driven, while art is interpretive or how you feel, rather than looking at the facts presented. If you play blackjack, do you always hit on 16 as the books (science) say or do you go with how you feel (interpretive) and vary on whether you hit or not.

What is a negotiation? It is a bargaining (give and take) process between two or more parties (each with its own aims, needs and viewpoints) seeking to discover a common ground and reach an agreement to settle a matter of mutual interest or resolve a conflict.

The typical negotiation experience is about someone waiting on you to tip your hand. Are they getting impatient, are they upset; do they want what they want right now?

According to college professors, there are two types of strategies when talking about negotiation. They are: DISTRIBUTIVE STRATEGY: win-lose, competitive negotiation, where a long-term relationship is not important —typically attributed to the male gender.

INTEGRATIVE STRATEGY: win-win, competitive negotiation, where a long-term relationship is important— typically attributed to the female gender.

This can explain some of the differences in the negotiation style between men and women. Each excels in his/her own way.

These following terms are used when discussing negotiation techniques and are a good reminder of what we are looking for in a negotiation:

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BATNA – Best Alternative To a Negotiated Agreement What is the best action if negotiations fail? How do you respond to a negotiation you did not “win?” Are you willing to revisit? Have you learned from this particular “loss” for future negotiations?

ZOPA – Zone of Possible Agreement Goals parties have in common. Is there an agreement on both sides with both parties feeling like they “won?”

As many of you probably already know, sales trainers talk about learning to flinch and recognize the flinch in the party with whom you are negotiating. He who flinches first loses the deal. Work on that poker face and find out what the other person is seeking.

What good is the theory/ technique if you do not have an understanding of the basic fundamentals to negotiate?

Why do negotiations fail?

•

Inflexibility of one or both parties.

•

Unreasonableness of one or more parties

•

Incompatible goals

•

Ineffective communication

Some of these failures may be caused by the following barriers: cultural norms, self-esteem and ego, personality disorders, age, gender, language.

In the world of emails, texts and new languages being created and words or phrasing having different meanings, the age of the parties can make communication more difficult. For instance, what do you think of when you hear the phrase “hook up?” The

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baby boomers will think get together (lunch/dinner) or attach a trailer to a pickup truck. The younger generation will think something a little more risqué. The same goes for the word “thong” the older person would think what we now call flip flops, while the younger generation thinks undergarments!

Negotiations cannot succeed without preparation. Get your facts straight and never jump to conclusions. Consider the paragraph above when someone is speaking. Think of what they are referring to and the context of the conversation.

You and the person(s) with whom you are negotiating should have reasonably-defined goals for what you are hoping to achieve during the negotiation. You must have a strategy that includes a flexible course of action based on what information you are given.

Think about your technique. How you communicate or present your side or offer is key to a successful negotiation.

It’s not what you say, but how you say it. Always think about your tone, your responses, and your facial expressions. Experts say 93% of human communication is non-verbal (55% is the tone presented, 38% is visual) and only 7% is verbal. Amazing how much you can learn or give away with the tone and visual or facial expressions presented. Your body language says more during the negotiation than your words.

Are you loud or soft, do you have an accent or inflection of mood or emotion? Learn to moderate your voice to a pleasant medium sound and slow down your speech. Many of us tend to speed up our talking during a negotiation as we get more excited about our position. Speak slowly and clearly, giving plenty of pausing time for thought. ALWAYS listen to the other person.

jumping in with your own comments. It also allows you to actually hear the other person clearly.

Why ask questions? A question will help clarify the person’s points and keeps you from falling into an assumption trap. Say “what do you mean?”… “How do you mean?”... “Please explain what you mean by that.”

Three things to always remember when negotiating.

1. Understand the position of all the parties. Do not assume!

2. Know the value of what you are negotiating and the need from other side.

3. Follow The Golden Rule.

Treat all parties in a negotiation as you would want to be treated (The Golden Rule) …with respect, courteousness, politeness, attentiveness and empathy Have a conversation, not an argument. Listen to understand the positions of all parties.

Don’t give your position away too soon.

Lisa Ann Rea is a vice president at Mutual of Omaha Bank/CondoCerts. She can be reached at lisa.rea@mutualofomahabank.com.

This is a follow-up article to Alan Crandall’s October 22 Educational Luncheon presentation at the Skirball Cultural Center.

Of course it’s always better to meet face-to-face for a negotiation because you will then see the body language, hear the vocal tone, and see the facial expressions.

Is negotiation a good conversation or a good argument? The answer depends on your point-of-view, what you are looking to get out of the negotiation and how willing you are to listen to the other person. Do you have good conversational skills or do you come in arguing from the start? Best to engage in a conversation rather than an argument if you are looking to win.

Active listening plays a vital role in your negotiations. Always hear what the other person has to say and acknowledge that you heard their needs or understand what they are saying— you may even repeat back the information for clarification —which also gives you a little time to think. Be polite in your response. Ask questions to engage the other person.

Paraphrase the person’s words. Avoid interrupting.

Pausing helps to avoid the risk of interruption. It shows the other person you are giving careful consideration by not

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The Davis-Stirling Common Interest Development Act requires an association to provide a “fair, reasonable, and expeditious procedure” for resolving a dispute between an association and a member involving their rights, duties, or liabilities under the Act, relevant portions of the Corporations Code, or the association’s governing documents.

This procedure is called “internal dispute resolution” commonly referred to as “IDR.”

that the resolution will be something the other directors would not have agreed upon or that the director participating in the IDR will enter into an agreement that goes beyond the discretion provided to that director by the rest of the Board.

As a result of this concern, many associations have been insisting that the association’s legal counsel participate in the more contentious IDRs in order to be

CHANGES TO IDR PROCEDURES  By Denise D. Iger, Esq.

As a result of this bill, homeowners associations need to take a critical look at their IDR policies contained in the Annual Policy Statement.

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An association is permitted to develop its own procedure for IDR, as long as the procedures include minimum standards.

Those standards include the following: 1. Either the association or the homeowner may invoke IDR, but the association, unlike the homeowner, is compelled to participate if it receives a request for IDR. The request must be in writing.

2. There must be prompt deadlines in the IDR procedure, including a maximum time for the association to respond to a request for IDR. 3. If the homeowner participates, but there is no resolution, the homeowner may still “appeal” to the Board.

4. The default procedures used when an association does not adopt its own procedures must indicate that the Board will designate a director to meet and confer with the homeowner. Most associations that have adopted IDR policies of their own likewise indicate that one or two directors will meet with the homeowner.

Perhaps what has been most troubling to many attorneys is the fact that the Civil Code provides that any resolution reached during IDR will be binding on the association and “judicially enforceable” if it is not in conflict with the law or the governing documents.

In that IDR is usually an informal meeting between one director and one complaining homeowner, there has always been a concern

www.cai-glac.org | November/December 2014

certain that the agreement is not going to be something the directors will later regret and to ensure that it is reduced to writing in a manner that makes sense. There has been a dispute as to whether the IDR procedure could be considered “fair” if one party had legal counsel present and whether the legislative intent of providing a quick, cheap way of resolving disputes could be met if attorneys were permitted to be involved in the process.

This issue has been resolved by Assembly Bill 1728 which makes it clear that under the default procedures or under a specificallycrafted IDR procedure, the member and the association may choose to be assisted by an attorney or another person in explaining their positions (presumably a translator or friend with good speaking skills) if they so desire. The cost for the attorney “or other person” is borne by the person requesting their attendance.

This bill was intended to “level the playing field,” while also meeting the original legislative intent of providing “low-cost” options for dispute resolutions before an issue became “serious.” The legislature acknowledged that formally requiring a party be permitted to have an attorney would increase the cost of IDR, but apparently, the idea that a party would have the option of assistance (legal or otherwise) outweighed the concern regarding increased costs for the participants.

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Originally, the bill required prior notice be given to the other party informing them that additional people (like an attorney) would participate in the IDR, but the requirement was removed during the bill drafting process. However, the law does not prevent some kind of notice requirement from being added to the IDR procedure drafted for a specific association.

Further, Assembly Bill 1728 provides additional clarification on what resolutions may be enforced. The law has been amended to make it clear that any agreement reached by the parties must be in writing and must be signed by both of the parties in order to be judicially enforceable.

As a result of this bill, homeowners associations need to take a critical look at their IDR policies contained in the Annual Policy Statement. Amendments to the policy are likely required so that the policy reflects the changes in the law. Ideally, this should be done in advance of sending out the Annual Policy Statement so as to avoid two mailings.

Additionally, now is a good time for boards that have not previously adopted a customized policy to consider whether doing so would be in the best interest of the membership.

Denise D. Iger, Esq. is a senior attorney at Hickey & Petchul, LLP, a law firm serving community associations throughout Southern California. She can be reached at diger@hplaw.net.

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15

Community Association Institute Greater Los Angeles Chapter

Presents

Thursday, October 2, 2014

Hilton Woodland Hills

Homeowners Association Marketplace EVENT SPONSORS

A.ALLBRIGHT 1-(800) PAINTING FirstService Residential Law Offices of Michael A. Hearn Silldorf-Levine, LLP Stay Green Inc.

BAR SPONSORS

Bethco Builders Pacific Premier HOA & Property Banking

DINNER WINE SPONSOR

BELFOR Property Restoration

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Securitas Security Services USA, Inc.

THANK YOU

EXHIBITORS

AIR DUCT CLEANING Action Duct Cleaning Co., Inc. ASPHALT PAVING, MAINTENANCE & SEAL COAT Rose Paving, Inc. ASSESSMENT RECOVERY S.B.S. Lien Services ATTORNEYS Beaumont Gitlin Tashjian Law Offices of Michael A. Hearn Richardson Harman Ober PC Roseman & Associates APC Silldorf-Levine, LLP BANKING Mutual of Omaha Bank/CondoCerts Pacific Premier Banking & HOA Services U.S. Bank CONSTRUCTION MANAGEMENT Bethco Builders Design Build Associates Stonemark Construction Management CONTRACTORS ASR Construction DECKING WICR, Inc. Waterproofing and Decking ELECTION SERVICES Mister Parliamentarian ELEVATOR SERVICES Performance Elevator Contractors, Inc. FENCING Fenceworks, Inc. FINANCIAL MANAGEMENT SERVICES Mission Association Financial Management, Inc. FIRE & WATER CLEANUP & RESTORATION Servpro of Burbank, Chatsworth, Van Nuys & Crenscenta Valley State Restoration, Inc. FIREPLACE CLEANING/MAINTENANCE/RESTORATION Fireplace & Venting Solutions by The Chimney Sweeper INSURANCE SAX Insurance Agency Steven G. Segal Insurance Agency, Inc. Timothy Cline Insurance Agency, Inc.

IRRIGATION SERVICES The Toro Company JANITORIAL Personal Touch Cleaning & Maintenance, Inc. LANDSCAPING Mission Landscape Oakridge Landscape Stay Green Inc. Valley Crest Landscape Maintenance METERING PRODUCTS & SERVICES MeterNet Sub-Metering and Billing Solutions DDM Metering Systems, Inc. PAINT SUPPLIERS Behr Paint Corporation/THE HOME DEPOT USA PPG Architectural Coatings Vista Paint Corporation PAINTING CONTRACTORS A. ALLBRIGHT 1-(800) PAINTING CertaPro Painters Ltd. Ferris Painting, Inc. R.W. Stein Painting, Inc. Select Painting Super Painting Co. PEST CONTROL Animal & Insect Pest Management, Inc. Critter Busters, Inc. Payne Pest Management POOL MAINTENANCE Aqua Creations POWER WASHING/WINDOW WASHING West Coast Maintenance, Inc. RESERVE STUDIES Association Reserves Inc. ROOFING Adco Roofing & Waterproofing, Inc. SECURITY Guard-Systems, Inc. Securitas Security Services USA, Inc. SECURITY HARDWARE Mulholland Security Centers, Inc.

SAN FERNANDO VALLEY HOMEOWNERS ASSOCIATION MARKETPLACE HIGHLIGHTS

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ore than 120 HOA board members and managers attended our October 2 Homeowners Association Marketplace at the Woodland Hills Hilton. This was the second of three regional events planned this year to provide an opportunity for local managers and boards to first network with service providers in a relaxed Meet and Greet reception, and then attend a hosted dinner and educational presentation. Moderated by Matt Ober, Esq. (Richardson Harman Ober PC), guest speakers Jeffrey Beaumont, Esq. (Beaumont Gitlin Tashjian) and Jasmine Fisher, Esq. (Adams Kessler PLC) presented new developments in the law and answered questions.

We sincerely appreciate the hard work of our HOA Marketplace Committee members who planned this event: Committee Chair Alan Denison (Stay Green Inc.), Carol Brockhouse (CoastManagement.net), Dori Kagan (Pacific Premier HOA Banking & Property Services), Sascha Macias (FirstService Residential), Jeremiah Masopust (Servpro of Burbank, Chatsworth, Van Nuys & Crescenta Valley), Lisa Ann Rea (Mutual of Omaha Bank/ CondoCerts), Mike Roberts (Oakridge Landscape) and Rickey Teems (Securitas Security Services USA, Inc.)

TAKE ADVANTAGE OF CAI-GLAC’S LOW-COST MEDIATION SERVICE 18

THE CAI-GLAC MEDIATION SERVICE was established several years ago to provide an economical and efficient means to resolve disputes between community associations and their members The Service utilizes qualified, experienced and knowledgeable mediators who have agreed to provide their services at a reduced rate. This service is available to both members and non-members, to community associations, community managers and industry service providers.

STARTING THE MEDIATION PROCESS To initiate the mediation process, one of the parties completes a Request for Mediation Form and sends this Request along with a $100 administrative fee to the Chapter Office (130 N. Brand Blvd., Suite 305, Glendale, CA 91203. Note: Both parties must agree to go to mediation prior to submitting the Request.

A response letter is then generated, which provides the parties with a choice of three mediators. Each party must

www.cai-glac.org | November/December 2014

eliminate one candidate from the list.

A mediator is selected by the Chapter Office based upon the parties’ choices and mediator availability, and the mediator is then notified.

HOW WILL THE MEDIATION TAKE PLACE? ● Place & Time: After the mediator is selected, the mediator’s office will contact all parties to establish a place and time for the mediation. They will also explain the fee structure: $400 for the first three (3) hours of mediation.

If the parties wish to continue the Mediation beyond three (3) hours, the cost must be mutually agreed to between the parties and the Mediator, which rate shall be fully disclosed to the parties prior to the commencement of the Mediation session. After the first three hours, the Mediator’s fee may not exceed $300 per hour. Most often, the parties agree to split the mediation cost. This cost is paid at the time of mediation, usually by check made payable to the mediator.

CAI-Greater Los Angeles Chapter

● Mediation Summary: Prior to the mediation, each participant will be contacted by the mediator and either interviewed briefly over the phone or asked to submit a mediation summary form outlining the nature of the dispute. ● Mediation Rules: At the mediation, the Mediator will provide an explanation of the Mediator’s role, in addition to the rules, policies, and procedures to be followed in the mediation. Some basic rules include: 1) one person speaks at a time; 2) no name calling; and 3) be ontime. ● Parties Statements & Witnesses: Mediation is a structured but not highly formal process, and each party will be encouraged to speak openly regarding the issues. At the beginning, each party will be given an opportunity to make an opening statement following

which the Mediator will ask questions and begin the process towards finding a resolution. Participants may invite witnesses, experts, legal counsel, and other pertinent parties or individuals, but it is not necessary to do so.

Participants should notify the Mediator of all individuals planning to attend the mediation session. In mediation, importance lies in communication… communicating your concerns clearly to the other party, and just as important, listening to their concerns as well. ● Finding Agreement: The Mediator is not empowered to make a decision in the case or impose a resolution. The Mediator will attempt to point out common ground and help the parties create options for resolution. However, it will be up to the participants to select what solutions will work best for resolving the conflict. For this

reason, the mediation should include principals representing each party that are empowered with sufficient decision making authority to resolve the dispute.

If the parties reach a consensus for resolving the dispute, the Mediator will assist the parties in writing out their agreement. A written agreement signed by the parties at the conclusion of the mediation may prevent future conflict or confusion.

What if I have more questions?

Simply call the CAI –Greater Los Angeles Chapter Office at (818) 5008636, and they will put you in touch with one of our mediation experts. To schedule a mediation or obtain more information, visit the Chapter’s Web site at www.cai-glac.org.

WE REPRESENT COMMUNITY ASSOCIATIONS

Since 1987 we have limited our practice to providing a full range of legal services for • Condominiums • Planned Developments • Cooperatives • Homeowner Associations There is no substitute for experience!

Ventura County 805.650.7899

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Orange County 949.476.3789

Los Angeles 310.207.2207 California 800.372.2207

San Francisco 415.762.1889 November/December 2014 | www.cai-glac.org

19

Community Associations Institute Greater Los Angeles Chapter

Presents

HOMEOWNERS ASSOCIATION MARKETPLACE

Salute To Our Veterans

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MORE THAN 70 HOA BOARD MEMBERS and managers attended our November 6 Homeowners Association Marketplace at the Glendale Hilton. Local community managers and boards had the opportunity to first network with service providers in a relaxed Meet and Greet reception, and then attend an educational presentation where attorneys Matt Ober, Esq. (Richardson Harman Ober PC) and David Wankel, Esq. (Hickey & Petchul, LLP] presented new developments in the law and answered questions posed by Dave Brock, PCAM® (Beven & Brock).

We sincerely appreciate the hard work of our HOA Marketplace Committee members who planned this event: Committee Chair Alan Denison (Stay Green Inc.), Carol Brockhouse (CoastManagement.net), Dori Kagan (Pacific Premier HOA Banking & Property Services), Sascha Macias (FirstService Residential), Jeremiah Masopust (Servpro of Burbank, Chatsworth, Van Nuys & Crescenta Valley), Lisa Ann Rea (Mutual of Omaha Bank/ CondoCerts), Mike Roberts (Oakridge Landscape) and Rickey Teems (Securitas Security Services USA, Inc.)

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www.cai-glac.org | November/December 2014

CAI-Greater Los Angeles Chapter

Thank You To Our Sponsors & Exhibitors ★★★★★★★★★★★★★★★★★★ SPONSORS ★★★★★★★★★★★★★★★★★★★ BAR PARKING Popular Association Banking Securitas Security Services USA, Inc. ASSESSMENT COLLECTION S.B.S. Lien Services

FENCING Duramax Building Products

PEST CONTROL METERING PRODUCTS & SERVICES MeterNet Sub-Metering & Billing Solutions Accurate Termite & Pest Control

ATTORNEYS Richardson Harman Ober PC The Miller Law Firm

FOUNTAINS California Waters

PAINT SUPPLIERS Dunn-Edwards Paints Vista Paint Corporation

BANKING Mutual of Omaha Bank/CondoCerts Union Bank HOA Services CONSTRUCTION MANAGEMENT Design Build Associates CONTRACTORS CBI-Collins Builders, Inc.

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INSURANCE Steven G. Segal Insurance Agency, Inc. Timothy Cline Insurance Agency, Inc. LANDSCAPE MAINTENANCE & DESIGN Marina Landscape Mission Landscape Stay Green Inc. ValleyCrest Landscape Maintenance

PAINTING CONTRACTORS CertaPro Painters Ltd. EmpireWorks Reconstruction & Painting Ferris Painting, Inc. FRESHCO Painters, Inc. Super Painting Co. PAVING Rose Paving Company, Inc.

ROOFING Adco Roofing & Waterproofing, Inc. SECURITY Guard-Systems, Inc. Platinum Security, Inc. Securitas Security Services USA, Inc. SECURITY HARDWARE Mulholland Security Canters, Inc. WATERPROOFING WICR, Inc. Waterproofing & Decking

November/December 2014 | www.cai-glac.org

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Summary of New Legislation - 2014

★★★ By Michael W. Rabkin, Esq. Governor Brown signed into law numerous bills which affect all homeowners associations. Unless otherwise indicated, these new laws become effective January 1, 2015.

I. NEW LAW: Urgency Drought Relief Legislation Regarding Owner Reduction or Elimination of Watering of Landscaping (AB 2100-Campos); Elimination of Turf (AB 2104 – Gonzalez); and Recycled Water and Pressure Washing (SB 992 -Nielsen In order to conserve water during California’s historic drought, this summer Governor Brown signed into law three bills related to landscaping in homeowners associations. AB 2100 became effective on July 21, 2014, and AB 992 became effective on September 18, 2014, as “urgency legislation.” AB 2104 will become effective on January 1, 2015.

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2/10/14 12:08 PM

CAI-Greater Los Angeles Chapter

NO FINES OR ASSESSMENTS AB 2100 (CAMPOS) Under existing law, governing documents of a homeowners association are void and unenforceable if they do any of the following: (1) prohibit or include conditions that have the effect of prohibiting low water-using plants as a group; (2) restrict compliance with a water-efficient landscape ordinance adopted by a local government; or (3) prohibit compliance with any regulation or restriction on the use of water due to severe water shortage.

AB 2100 builds on these existing protections related to water-saving plants and ordinances by adding a new protection for owners desiring to reduce water usage during the drought. As revised by AB 2100, Civil Code Section 4735 now prohibits an association from imposing “a fine or assessment” against an owner for reducing or eliminating the watering of vegetation or lawns during any period for which either the

Governor or a local government has declared an emergency due to drought (unless, as described below in SB 992, the association uses recycled water for landscape irrigation). So, if an owner in a homeowners association decides to reduce or stop watering his or her landscaping in order to help drought efforts, the owner cannot be fined for the resulting unattractive appearance of such landscaping (e.g., a brown lawn).

Although an association may not be able to fine an owner who allows his or her lawn to go brown, we believe that an association can (and should) send one notice of violation to an owner who appears to have reduced or stopped watering his or her landscaping, informing the owner that while the owner may be excused temporarily by law from watering his or her landscaping, as soon as the declaration of drought is lifted, the owner will be obligated to restore his or her landscaping to an attractive

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condition. In this way, it will be clear that the association has not waived its right to enforcement, and it permits the association to disclose the unresolved violation during escrow to a new owner.

Additionally, it is important to note that nothing in the new law releases an owner from complying with other landscaping maintenance requirements in an association’s governing documents, such as keeping landscaping neatly trimmed and free of weeds. An association can still impose a fine (after notice and hearing) against an owner if the owner does not mow his or her lawn as may be required by the association’s governing documents.

Unfortunately, left unanswered by the new law is whether an association can take other enforcement action besides a “fine or assessment” (e.g., a suspension of voting rights and/or an action for injunctive relief) against an CONTINUED ON PAGE 24

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23

EXCEPTION TO BAN ON FINING FOR RECYCLED WATER; PRESSURE WASHING SB 992 (NIELSEN)

Summary of New Legislation CONTINUED FROM PAGE 23

owner who elects not to water his or her landscaping in response to the declared drought. Most likely, the author of AB 2100 intended to prohibit all enforcement action by a homeowners association against an owner for reducing or eliminating watering, but that is not how the new law is drafted.

Nevertheless, we believe associations should proceed with caution before taking any enforcement action (other than a notice of violation).

ABILITY TO REPLACE EXISTING TURF WITH LOW WATER-USING PLANTS – AB 2104 (GONZALEZ) As mentioned above, under existing law, the governing documents of a homeowners association may not effectively prohibit the use of low waterusing plants as a group. As revised

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by AB 2104, Civil Code Section 4735 states that the governing documents of a homeowners association may not prohibit, or include conditions that have the effect of prohibiting low water-using plants as a group or as a replacement of existing turf. Accordingly, a homeowners association may no longer prohibit (or enforce restrictions that prohibit) an owner from replacing his or her lawn with low water-using plants; however, we believe that the Board of Directors of a homeowners association may determine which specific low water-using plants may be used.

www.cai-glac.org | November/December 2014

This is the third bill in two months signed by Governor Brown which revises Civil Code Section 4735. This bill clarifies (as mentioned above) that an association may impose “a fine or assessment” against an owner for reducing or eliminating the watering of vegetation or lawns during any period for which either the Governor or a local government has declared an emergency due to drought if the association uses recycled water for landscape irrigation.

This bill also adds a new Civil Code Section 4736 which declares as unenforceable any provision in an association’s governing documents which mandates pressure washing of the exterior of a separate interest and any exclusive use common area appurtenant thereto during a declared drought, unless non-potable water is used.

CAI-Greater Los Angeles Chapter

EXPEDITING INSTALLATION OF SOLAR ENERGY SYSTEMS AB 2188 (MURATSUCHI) It has been the longstanding policy of the State of California to promote the use of solar energy systems and to minimize obstacles to their use. To this end, existing law provides that the governing documents of a homeowners association cannot effectively prohibit or restrict the installation of a solar energy system; however, a homeowners association may impose “reasonable restrictions” on such installation that do not “significantly” increase the cost of the solar energy system or “significantly” decrease the efficiency of such system.

Furthermore, existing law requires that an owner’s application for approval to install a solar energy system be approved in the same manner as other requests for architectural improvements and requires that the approving entity (e.g., the board of directors or the architectural committee) provide a written decision

TYPE OF SOLAR ENERGY SYSTEM Solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law

Photovoltaic systems that comply with state and federal law

What We Can Do For You:

EXISTING LAW

NEW LAW

“Significantly” means an amount exceeding 20% of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding 20%, as originally specified and proposed

“Significantly” means an amount exceeding 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed “Significantly” means an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed

“Significantly” means an amount not to exceed $2,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 20% as originally specified and proposed

CONTINUED ON PAGE 26

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November/December 2014 | www.cai-glac.org

25

Summary of New Legislation CONTINUED FROM PAGE 25

to the owner within 60 says or the application shall be deemed approved in most circumstances.

Under the new law, it should be even easier for owners in homeowner associations to install solar energy systems. Notably, the new law revises the definition of “significantly.”

T

he lowering of the threshold for what constitutes an unreasonable restriction on solar energy system installation is likely to make it more difficult for associations to influence where and how solar energy systems are installed on an owner’s lot.

Additionally, the new law streamlines the architectural review process by reducing the review period from 60 days to 45 days under the new law.

Likewise, under this new law, local governments will be required to adopt an expedited permitting process for small residential rooftop solar energy systems.

PERSONAL AGRICULTURE ALLOWED IN BACKYARDS AB 2561 (BRADFORD) The intent of this law is to remove obstacles to the practice of growing edible fruits and vegetables in urban and suburban residential neighborhoods for personal and community use or consumption. Under the new law, any provision in an association’s governing documents which effectively prohibits or unreasonably restricts the use of a homeowner’s backyard for personal agriculture is void and unenforceable.

Owners will be permitted to cultivate edible fruits and vegetables (not including marijuana or illegal or unlawful crops or substances) for personal use or donation in yards that are designated for the owner’s exclusive use, subject to reasonable restrictions which may be imposed by the homeowners association. For purposes of this new law, “reasonable restrictions” are restrictions

26

that do not significantly increase the cost of engaging in personal agriculture or significantly decrease its efficiency, and include, without limitation, rules and regulations that require that dead plant material and weeds (with the exception of straw, mulch, compost, and other organic materials intended to encourage vegetation and retention of moisture in the soil) are regularly cleared from the backyard.

Existing law is silent as to whether a member or an association may have legal counsel or other person present when the parties meet and confer. This law clarifies that, regardless of whether an association drafts its own IDR policy or follows the default statutory IDR procedures, the member and the association may be assisted by an attorney or other person (at their own cost) to explain their positions.

CHANGES TO INTERNAL DISPUTE RESOLUTION PROCEDURES - AB 1738 (CHAU)

The new law also makes clear that agreements reached through the IDR process must be in writing and signed by both parties to be judicially enforceable.

Under existing law, each homeowner association must provide a fair, reasonable and expeditious procedure for resolving a dispute between the association and a member involving their rights, duties and liabilities under the Davis-Stirling Common Interest Development Act (the “Act”), the California Nonprofit Mutual Benefit Corporation Law and the association’s governing documents. An association can craft its own internal dispute resolution (“IDR”) policy which must meet certain minimum standards or it can rely, by default, on the statutory IDR procedures set forth in the Act.

www.cai-glac.org | November/December 2014

TRANSFER DISCLOSURES – AB 2430 (MAIENSCHEIN) Existing law requires that, upon request from an owner, an association must provide certain specified documents relating to the transfer disclosures which an owner is required to provide to a prospective purchaser of the owner’s unit, and provides that an association may collect a reasonable fee for the delivery of such documents.

This bill makes significant changes to the existing disclosure process and fee structure. Specifically, under the new law: CAI-Greater Los Angeles Chapter

●●

The seller is responsible to pay the association’s fee

●●

An association must send the estimate of the fees to be assessed for providing the requested documents prior to processing the request

●●

●●

●●

Fees for any documents required to be provided to the seller shall be distinguished from, separately stated, and separately billed from, all other fees, fines, or assessments billed as part of the transfer or sales transaction The fee for each document provided to the seller for the purpose of transmission to the prospective purchaser shall be individually itemized in the statement required to be provided by the seller to the prospective purchaser Any documents not expressly required by Civil Code Section 4525 to be provided to a prospective

CAI-Greater Los Angeles Chapter

purchaser by the seller shall not be included in the document disclosure required by this section. Bundling of documents required to be provided by the association with other documents relating to the transaction is prohibited ●●

A seller must provide to a prospective purchaser, at no cost, current copies of any documents specified by Civil Code Section 4525 that are in the possession of the seller.

MAINTENANCE AND REPAIR RESPONSIBILITIES – AB 968 (GORDON) EFFECTIVE JANUARY 1, 2017 This bill, which does not go into effect until January 1, 2017, attempts to clarify the responsibility to maintain, repair and replace common area, separate interests and exclusive use common areas.

Beginning in 2017, unless otherwise provided in an association’s CC&Rs:

1. The association is responsible to maintain, repair and replace the common area, and to repair and replace the exclusive use common area.

2. Each owner is responsible to maintain, repair and replace such owner’s separate interest and to maintain any exclusive use common area allocated to his or her separate interest.

It should be noted that the foregoing clarification of responsibilities is consistent with the position currently taken by most lawyers practicing in this area so we do not anticipate this law making any meaningful difference in the operation of most associations. ichael W. Rabkin, Esq. is a M partner at Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, a law firm specializing in providing counsel to community associations in California and Nevada. He can be reached at mrabkin@wrslawyers.com.

November/December 2014 | www.cai-glac.org

27

NEWS

effective or which state completely erroneous scenarios—and the hype they get causes legislators to vote in favor of them.

FROM SACRAMENTO

You and your colleagues and neighbors have an important role to play in educating our state legislators who need to hear from you as their constituents loud and clear … and regularly… if we are to prevail in this new session beginning December 1.

By Skip Daum

T

HE RECENT ELECTION brought many new citizens into the ranks of elected representatives in local, state and federal governments. Beyond the obvious challenge we have in organizing an effective education campaign aimed at informing them about the benefits of community associations, an especially important change is that there will be new committee chairmanships appointed by the new political leaders in both the Senate and Assembly.

This is important, as all HOA bills must pass through two primary committees: the Housing and Community Development Committee and the Judiciary Committee before they are voted on by the full houses. New chairs mean new leadership, new direction, and possibly new staff drafting new bills affecting California housing public policy.

New laws have recently been passed with which all 50,000 California community associations must comply. Many of them have been well thought-out and benefit our HOAs. At the same time, many others are pushed through the lawmaking process by marketing tactics that are politically

100% GOAL: $22,192

28

As CLAC alerts us to support or oppose bills, it is in our collective self-interest to promptly respond. There are, in certain issues, numerous other advocacy organizations working against HOAs. Our membership numbers should overcome them and will prevail if we act in concert.

We will continue to inform you about pending legislation through our Web site, and occasionally by email alerts. Your response can make all the difference.

Finally, a huge thank you to everyone who attended the 2014 CLAC Benefit Dinner during the California State Legal Forum in San Diego and helped make the event a wonderful success. Next up, the 2015 Legislative Day at the Capitol!

Mark your calendars for Sunday, April 12, and Monday, April 13, in Sacramento, when we visit our legislators. Registration and sponsorship opportunities are available on CLAC’s Web site under the Events Tab. Skip Daum is our veteran Legislative Advocate for CAI's California Legislative Action Committee and may be reached at caiclac@aol.com.

OUR THANKS TO 2014 CLAC CONTRIBUTORS

of goal as of 11/30/14 4424 Whitsett Avenue HOA 826 2nd Street HOA 909 El Centro, Inc. 914 Lincoln Blvd. HOA 948 20th Street HOA 1242 Berkeley Street HOA 2050 Artesia HOA 446 San Vicente HOA 11767 Sunset Blvd. Assn.

Adams Kessler PLC American Technologies, Inc. Avis HOA Beaumont Gitlin Tashjian Best Alliance Foreclosure & Lien Services Birndorf Law Offices Bodger Park Condo HOA Cabrini Villas HOA Cardiff Court O.A. Inc. Carolwood HOA Casa De Valley View OA, Inc. Casa Loma Associations, Inc. Chalmer/Wooster Plaza HOA Chateau Delgany Estates COA Chateau Goshen HOA

JANUARY – NOVEMBER 2014

Concept Seven, LLC Condominium Administration Co. Coro Community Management & Consulting Culver Centrale HOA Diana Stiller, PCAM® Eight on Twenty HOA Evelyn Lifton, PCAM® Fenton Grant Mayfield Kaneda & Litt, LLP Florwood Estates HOA Fourth Street HOA Galaxy HOA Gold Coast Property Pros Gorham Park HOA Inc. Hacienda HOA, Inc. Harbor Knolls HOA Harbor Manor HOA Harbor Village HOA Hayworth Owners Association Hillcrest Meadows OA Hillcrest Rolling Hills HOA Hopi HOA Idaho Villas HOA Joanne Peña, PCAM®

www.cai-glac.org | November/December 2014

Kelton Arms COA La Grange HOA Lawford HOA Linda Healey, PCAM® Lisa Tashjian, Esq. Los Robles Condo Owners Assn.

Marine Village HOA Oak Hill Condo HOA Oak Street HOA Ocean West COA Old Orchard I HOA Oro Condo HOA Pacific Sands Inc. Park Crest HOA Parkview Manor-Lockland Inc. Polynesian OA Rancho-Glen HOA Richardson Harman Ober PC Ridgeley Vista Chateau HOA Roseman & Associates APC Ross Morgan & Company, Inc. Sascha Macias, CMCA, AMS Seascape – Redondo HOA Inc. Shoreham Villas HOA

Silver Spur Court HOA Silverview Townhomes HOA Inc. SK Management Company, LLC South Bay Estates HOA South Hermosa Townhomes HOA Inc. South Shore Mediterranean HOA Textile Building OA The 558 Evergreen Street HOA The Californian on Wilshire The Vista Pacifica HOA Valencia Management Group V.I.P. Goshen Assn. Inc. Villa Capri Townhomes HOA Villa Cynthia HOA Villa Pacifica T.C. HOA Villa Serena C.A. Inc. Vogue Condominiums Assn., Inc. Westside Townhouses I HOA Wilshire Regent HOA Wilshire Selby Towers East C.A. Inc. Wolf Rifkin Shapiro Schulman & Rabkin, LLP Yukon II Townhomes COA

CAI-Greater Los Angeles Chapter

CLAC CHALLENGE YIELDS $6,700: Our Sincere Thanks to Challenge Contributors

Top Row (Left to Right): Joanne Peña, Michael W. Rabkin, Esq. (Wolf Rifkin Shapiro, Schulman & Rabkin, LLP), Diana Stiller, Katy Krupp (Fenton Grant Mayfield Kaneda & Litt, LLP), Teresa Agnew (Roseman & Associates APC), Matt D. Ober, Esq. (Richardson Harman Ober PC), Tayler Walden (Concept Seven, LLC), Sascha Macias, Diane Hilliard (Ross Morgan & Company, AAMC), Lisa Tashjian, Esq. (Beaumont Gitlin Tashjian).

Pauline MacLean (American Technologies, Inc.), Sid Richman (Best Alliance Foreclosure & Lien Services), Barbara Freeman (Condominium Administration Co., Inc.), Evelyn Lifton, Skip Daum (CAI-CLAC), Meigan Everett (Gold Coast Property Pros), Dina Lopez (SK Management Company, LLC), Karen Kokowicz (Coro Community Management & Consulting), Cynthia Croy (SK Management Company, LLC).

Bottom Row (Left to Right): Linda Healey (The Californian on Wilshire), Debbie Birndorf Zeiler, Esq. (Birndorf Law Offices),

Contributors not pictured: Adams Kessler PLC, Cabrini Villas HOA, Savoy Community Association, Valencia Management Group

What is CLAC?

Skip Daum, CAI’s Legislative Advocate in Sacramento, and Michael W. Rabkin, Esq. (Wolf Rifkin Shapiro Schulman & Rabkin, LLP) presented new California legislation passed this year and recent case law at the November Educational Luncheon.

CAI-Greater Los Angeles Chapter

THE CALIFORNIA LEGISLATIVE ACTION COMMITTEE (CLAC) IS A VOLUNTEER COMMITTEE OF THE COMMUNITY ASSOCIATIONS INSTITUTE (CAI) CONSISTING OF HOMEOWNERS AND PROFESSIONALS SERVING COMMUNITY ASSOCIATIONS. CAI IS THE LARGEST ADVOCACY ORGANIZATION IN AMERICA DEDICATED TO MONITORING LEGISLATION, EDUCATING ELECTED STATE LAWMAKERS, AND PROTECTING THE INTERESTS OF THOSE LIVING IN COMMUNITY ASSOCIATIONS IN CALIFORNIA.

CLAC’S MISSION To safeguard and improve the community association lifestyle and property values by advocating a reasonable balance between state statutory requirements and the ability and authority of individual homeowners to govern themselves through their community associations.

November/December 2014 | www.cai-glac.org

29

WELCOME

NEW CAI-GLAC MEMBERS! AS OF NOVEMBER 15, 2014

BUSINESS PROFESSIONALS A-One Construction Burdman & Ward Code 4 K9 Security Fassberg Mediation Service, Inc. Mission Paving & Sealing, Inc. Revo Payments Sotomayor Law The Miller Law Firm

COMMUNITY 8/13 5:04 PM Page 1 ASSOCIATIONS

New Horizons – South Bay Association Northridge Country Community Association Northstar Condominium Owners Association Pacific Pines – Torrance HOA

RECRUITER CAI National CAI National CAI National Ida Worth, CMCA®, AMS® CAI National CAI National Timothy Howett, Esq. CAI National CAI National Alba Monroy CAI National Ariel Hess, CMCA®, AMS®

COMMUNITY MANAGERS Michelle Atkinson Ross Morgan & Company, Inc. AAMC

Diane Hilliard CCAM®, CMCA®, AMS®, PCAM®

Anna Bloomfield Ross Morgan & Company, Inc. AAMC

Diane Hilliard CCAM®, CMCA®, AMS®, PCAM®

Jan Christy Coro Community Management & Consulting

Karen Kokowicz CCAM®, CMCA®, PCAM®

Carrie Field HOA Organizers, Inc.

Neda Firouz, CMCA®, AMS®

Ted Loveder, CMCA®, AMS®, PCAM® The Westholme HOA

CAI National

Angel Maldonaldo Seabreeze Management Company, Inc.

Lisa Dale, CCAM®, PCAM®

Angela Nazari Ross Morgan & Company, Inc. AAMC

Diane Hilliard CCAM®, CMCA®, AMS®, PCAM®

Michelle Phelps Valencia Management Group, AAMC

Russell Hoffman CMCA®, AMS®, PCAM®

Pam Sabo Ross Morgan & Company, Inc. AAMC

Diane Hilliard CCAM®, CMCA®, AMS®, PCAM®

Nikki Sookzi Ross Morgan & Company, Inc. AAMC

Diane Hilliard CCAM®, CMCA®, AMS®, PCAM®

Christopher Stuckey

CAI National

Lori Tamboline Ross Morgan & Company, Inc. AAMC

Diane Hilliard CCAM®, CMCA®, AMS®, PCAM®

Sunil Watumull The Century

CAI National

Janice Wilson Ross Morgan & Company, Inc. AAMC

Diane Hilliard CCAM®, CMCA®, AMS®, PCAM®

Sarah Zemer Ross Morgan & Company, Inc. AAMC

Diane Hilliard CCAM®, CMCA®, AMS®, PCAM®

COMMUNITY ASSOCIATION LEADERS Steven Boettcher Jane Eiduson

CAI National Lillian Schneider

Experience professional delinquent assessment recovery.

888-845-8808 www.witkinandneal.com 30

www.cai-glac.org | November/December 2014

CAI-Greater Los Angeles Chapter

OUR THANKS TO RENEWING MEMBERS! AS OF OCTOBER 31, 2014

BUSINESS PROFESSIONALS ABC Builds, Inc. Action Duct Cleaning Co. All Valley Washer Service Allana Buick & Bers, Inc. Allegra Professional Group, Inc. Allied Roofing and Waterproofing Systems, Inc. Birndorf Law Offices CID Insurance Programs, Inc. CommerceWest Bank, N.A. Creighton Tevlin, CPA DM Construction Services Duramax Building Products Eagle Roofing Products FHA Review By a|v|s Finley’s Tree and Landcare, Inc. Golden West Security Incorporated Gothic Grounds Management, Inc. Guard-Systems, Inc. Har-Bro Emergency Service & Reconstruction Hickey & Petchul, LLP HOA Specialists Integrated Risk Management Jackson Insurance Services John R. Sinner Insurance Agency, Inc. Jon Wayne Construction & Consulting LaBarre/Oksnee Insurance Agency, Inc. Law Offices of Laura J. Snoke Liftech Elevator Services, Inc. Minuteman Parking Company, Inc.\ Mission Association Financial Management, Inc. Mulholland Security Centers, Inc. Nautilus General Contractors, Inc. Oakmont Builders, Inc. Out-Fit Pariser & Pariser, LLP Performance Elevator Contractors, Inc. Platinum Security, Inc. Prendiville Insurance Agency, Inc. ProTec Building Services Robert W. Little Insurance Agency, Inc. Servpro of Santa Monica & Marina del Rey Sherwin-Williams Paint State Restoration, Inc. The EV Structure Co. W.C. Service Company, Inc. WICR, Inc. Waterproofing & Decking

CAI-Greater Los Angeles Chapter

COMMUNITY ASSOCIATIONS 4230 Stansbury Association, Inc. Century Hill HOA COMMUNITY MANAGEMENT COMPANIES Appleby Real Estate Brokerage & Property Management Cammarata Management, Inc. Condominium Administration Co., Inc. EGL Properties, Inc. Porter Ranch Community Association Management Seabreeze Management Company, Inc., AAMC SK Management Company, LLC UNYGLOBE Management COMMUNITY MANAGERS Yuriy Amiragov Robert Avila, CCAM®, CMCA®, AMS® Bel Air Ridge HOA Sabrina Badalich Property Management Professionals, LLC, AAMC Ben Bar, CMCA® Allstate HOA Management Ermias Berhani, CCAM® Park Plaza Community Association John Burton Le Parc HOA Claire Carafello Kristen Evans Sierra Property Management Brian Fleming Seabreeze Management Company, Inc., AAMC Mayra Gomez EGL Properties, Inc. Vanda Hembree Adore Property Management Diane Hilliard, CCAM®, CMCA®, AMS®, PCAM® Ross Morgan & Company, Inc. Linda Lang, CCAM® Concept Seven, LLC Diane Lortie-Dudasik, CCAM® All West Management Debbie McClean Heather Village Association Nancy Mohni, CCAM®, AMS®, PCAM® Remington Plaza HOA Sue Nelson, CCAM® Horizon Management Company, Inc.

Vicki Olson, CMCA®, AMS® Property Management Professionals, LLC, AAMC Jacob Parvino, CMCA® Bunker Hill Tower Condo Assn.

Kristen Raig, CMCA®, AMS® Rolling Hills Community Association Jacquie Smith, CCAM®, CMCA® Horizon Management Company, Inc. Diane Rossiter, CMCA®, AMS® Bell Canyon Association Kathy Roberts, CCAM® La Tour Wilshire Residential Community Michelle Gibson Lakeside Village HOA Corinne Michaud, CCAM® Scott Management Company Alana Ellis Cardinal Real Estate Group, Inc.

Stella Rothluebbers, CMCA® Horizon Management Company Mervyn Ward Bunker Hill Tower Condo Assn.

Tracy Wolin, CCAM®, CMCA®, AMS®, PCAM® The Diplomat COA Lisa Yoo EGL Properties, Inc. COMMUNITY ASSOCIATION LEADERS Michael Barth Laverne Boethling Jeff Gausepohl Bill Harder Valerie Pannell Dick Pruess Lynn Ruger Edie Stovall Mary Totten

800-844-9240 www.stonemarkcm.com

We manage large, complex projects and are proud to have achieved successful results for 7000+ homes, while saving community associations time & money.

• Design & Construction Management

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November/December 2014 | www.cai-glac.org

31

ADVERTISERS INDEX 23 A.ALLBRIGHT 1-(800)-PAINTING 32 Poindexter & Company, CPAs 22 AIPM, Inc.

11 Popular Association Banking

25 Association Reserves, Inc.

27 Preferred Commercial Painting, Inc.

27 Berg Insurance Agency 7 Farmers Insurance Group – Steven G. Segal Insurance Agency, Inc.

11 Select Painting 31 Stonemark Construction Management

5 Pacific Western Bank

14 Luncheon Program for HOA Boards and Managers – 11:30 a.m.

DoubleTree by Hilton Los Angeles Westside, Culver City

23 Chapter Board of Directors Meeting – 8:30 a.m.

Chapter Office, Glendale

24 Essentials of Community Leadership Workshop – 8:15 a.m.

Summerwind HOA, Torrance

28-31 CAI National Law Seminar San Francisco, CA

FEBRUARY 04 Tricks of the Trade for Business Partners – 9:00 a.m.

Blair House, West Los Angeles

10 Long Beach Educational Program for HOA Boards – 6:00 p.m.

Renaissance Marriott Hotel, Long Beach

13 PCAM Luncheon – 11:30 a.m.

City Club LA, Downtown Los Angeles

9 Sandra Macdonald Insurance

13 Mutual of Omaha Bank/ CondoCerts 7 NPG Asphalt

JANUARY

30 Reserve Studies Inc.

15 Ferris Painting, Inc.

25 Pacific Utility Audit

2015 UPCOMING EVENTS

24 R.W. Stein Painting, Inc.

19 SwedelsonGottlieb 15 Union Bank 30 Witkin & Neal, Inc.

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

Members

Non-Members

⅛ page

3½" wide x 2" high (Horizontal)

$200

$400

¼ page

3½" wide x 4¾" high (Vertical)

$300

$600

½ page

7½" wide x 4¾" high (Horizontal)

$425

$850

Full Page

7½" wide x 9.75" 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.

20 Chapter Board of Directors Meeting – 8:30 a.m.

Chapter Office, Glendale

25 Luncheon Program for HOA Boards and Managers – 11:30 a.m.

Woodland Hills Marriott, Woodland Hills

MARCH 18 Luncheon Program for HOA Boards and Managers – 11:30 a.m.

DoubleTree by Hilton Torrance, Torrance

20 Chapter Board of Directors Meeting – 8:30 a.m.

Chapter Office, Glendale

25 Ponies, Prizes & Play – 11:30 a.m.

Santa Anita Race Track, Arcadia

25 Valencia Educational Breakfast for HOA Boards and Managers – 8:30 a.m.

Bridgeport HOA Clubhouse, Valencia

27 Common Interest Development 8-Hour Law Seminar – 8:00 a.m.

Sherman Oaks

32

www.cai-glac.org | November/December 2014

CAI-Greater Los Angeles Chapter

2015 PMDP National Course Schedule Date

Location

22-24 21-24 22-23 22-23 22-23 22-23 22-23 22-24

Santa Ana, CA Denver, CO Orlando, FL Minneapolis, MN Portland, OR Richmond, VA Seattle/Bellevue, WA Atlanta, GA

19-21 19-20 18-21 19-21 19-20 19-20 19-20 19-20 26-28 26-28 26-27 26-27 26-27 5-6 5-6 5-6 2-3 3-4 5-6 18-21 19-21 19-20 19-21 26-27 26-27 26-28 26-27 26-27 26-27 26-28 9-10 8-10 9-10 9-10 9-10 9-10 9-11 27-29 27-28 27-28 27-28 27-28 27-28 27-28 27-28 27-28 14-15 14-15 13-16 14-15 14-16 14-15 14-16 14-15

JANUARY 2015

FEBRUARY 2015

San Diego, CA Denver, CO Colorado Springs, CO Arlington Heights, IL Greensboro, NC Dallas, TX Houston, TX Northern Virginia Phoenix/Tempe, AZ Charleston, SC Panama City Beach, FL Richmond, VA Seattle/Bellevue, WA

MARCH 2015

Honolulu, HI Baltimore, MD Chicago, IL Santa Ana, CA Santa Ana, CA Santa Ana, CA Denver, CO Raleigh/Durham, NC Sandy, UT Seattle/Bellevue, WA Ontario/Riverside, CA Phoenix/Tempe, AZ Natick, MA Columbus, OH Richmond, VA Kansas City, MO Houston, TX

APRIL 2015

Natick, MA Northern Virginia Columbia, SC Denver, CO Indianapolis, IN St. Louis, MO Minneapolis, MN Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV

MAY 2015

Birmingham, AL Santa Ana, CA Vail, CO Portland, ME Baltimore North, MD Edison, NJ Chicago, IL Cincinnati, OH

Class M-100 M-100 M-206 M-205 M-202 M-203 M-201 M-100 M-100 M-201 M-100 M-100 M-310 M-202 CASE M-203 M-100 M-100 M-202 M-206 M-350 M-201 M-205 M-205 M-201 M-202 M-204 M-100 M-100 M-201 M-100 CASE M-202 M-100 M-203 M-330 M-206 M-100 M-206 M-100 M-204 M-340 M-203 M-205 M-100 M-100 M-201 M-202 M-203 M-204 M-205 M-206 CASE M-400 M-201 M-205 M-100 M-201 M-100 M-360 M-100 M-204

Date 27-28 28-29 28-29 28-29 28-29 4-5 4-5 4-6 4-5 4-5 4-5 4-6 22-23 23-24 25-26 25-26 25-26 16-17 16-17 16-18 16-17 15-17 16-17 23-24 23-24 23-24 23-24 23-24 30-31 30-31 30-31 6-8 6-8 6-7 6-7 6-8 13-14 13-14 13-14 13-14 20-21 20-21 20-21 20-22 9-10 10-11 10-11 10-11 10-11 10-11 10-11 30-10/2

1-2 1-2 1-2 1-2 1-2 1-3

Location MAY 2015

Houston, TX Houston, TX St. Petersburg, FL Atlanta, GA Seattle/Bellevue, WA

JUNE 2015

Phoenix/Tempe, AZ Palm Springs, CA Lancaster, PA Northern Virginia Charlotte, NC Cleveland, OH Dallas, TX Arlington Heights, IL Arlington Heights, IL Arlington Heights, IL Denver, CO Edison, NJ

JULY 2015

Clearwater, FL Baltimore North, MD Lisle, IL San Diego, CA Northern Virginia Orlando, FL Oxnard, CA Santa Ana, CA Wilmington, NC Houston, TX Sarasota, FL Sturbridge, MA Dallas, TX Atlanta, GA

AUGUST 2015

Los Angeles, CA Boca Raton, FL Sarasota, FL Virginia Beach, VA Waterbury, CT Santa Ana, CA Colorado Springs, CO Baltimore North, MD Chicago, IL Houston, TX Raleigh/Durham, NC Myrtle Beach, SC Ontario, CA

SEPTEMBER 2015 Northern Virginia Northern Virginia Pleasanton, CA Destin, FL Arlington Heights, IL Seattle/Bellevue, WA Honolulu, HI Northern Virginia

OCTOBER 2015 Palm Springs, CA Denver, CO Minneapolis, MN Somerset, NJ Nashville, TN Phoenix, AZ

Class M-201 M-202 CASE M-203 M-203 M-360 M-205 M-100 M-370 M-202 M-204 M-100 M-201 M-202 M-204 M-202 CASE M-202 M-202 M-100 M-206 M-100 M-204 M-204 M-370 M-201 M-310 M-205 M-330 M-203 M-201 M-100 M-100 M-320 M-204 M-100 M-206 M-203 M-204 CASE M-203 M-203 M-201 M-100 M-201 M-202 M-202 M-201 M-206 M-202 M-204 M-100

M-206 M-204 M-206 M-201 M-350 M-100

Date 22-23 22-24 22-23 22-23 22-24 22-23 22-24 29-30 28-31 29-30 29-31 29-30 29-30

Location OCTOBER 2015

Sacramento, CA Orlando, FL Racine, WI Wilmington, NC Sandy, UT Northern Virginia Virginia Beach, VA Santa Ana, CA Denver, CO Dallas, TX Honolulu, HI Valley Forge, PA Baltimore North, MD

NOVEMBER 2015

5-6 5-6 5-6 5-7 5-7 5-6 12-13 12-14 12-14 12-13

Natick, MA Northern Virginia Fort Myers, FL Baltimore North, MD Long Island, NY Austin, TX Los Angeles, CA Lisle, IL Seattle/Bellevue, WA Phoenix/Tempe, AZ

3-5 3-5 3-4 3-4 3-5

Santa Ana, CA Myrtle Beach, SC Northern Virginia Greensboro, NC Houston, TX

DECEMBER 2015

Class M-205 M-100 M-202 M-204 M-100 CASE M-100 M-203 M-100 M-201 M-100 M-202 M-206 M-202 M-205 M-202 M-100 M-100 M-350 M-320 M-100 M-100 CASE M-100 M-100 M-206 M-205 M-100

For current course information visit www.caionline.org/pmdp or call a member of our customer service team at 888-224-4321

CAI-GLAC

PRSRT STD U.S. POSTAGE

PAID

130 N. Brand Blvd., Ste. 305 Glendale, CA 91203

SAN BERNARDINO, CA PERMIT #1

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Order Your 2015 Condominium Bluebook Today!

Price: $26.00 per copy, tax and shipping included.

Order copies online at: www.cai-glac.org.

Chapter Introduces Online Learning for Community Association Boards and Managers!

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.

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 Reserve Studies Les Weinberg, RS, MBA, Reserve Studies Inc. Insurance Issues for Common Interest Developments Kimberly Lilley, CMCA®, CIRMS™ , Berg Insurance Agency, Inc

Learn more and register now at www.cai-glac.org.