Focus Magazine - March/April 2016

March/April 2016

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

Communication Challenges Small Community Associations Avoiding the Pitfalls of Electronic Media Redirecting Communication Flow

SAVE THE DATE:

Wild, Wild West Golf Tournament May 16

2016 BOARD OF DIRECTORS OFFICERS Lisa Tashjian, Esq., President Beaumont Gitlin Tashjian, 866-788-9998 Joanne Peña, CMCA®, AMS®, PCAM®, President Elect Horizon Management Company, 310-543-1995 Michael Lewis, CMCA®, AMS®, PCAM®, Vice President Concept Seven, LLC, 310-622-7012 Donald Campbell, CMCA®, AMS®, PCAM®, Secretary Cabrini Villas HOA, 818-504-9600 Meigan Everett, PCAM®, Treasurer Gold Coast Property Pros, 424-238-2333 DIRECTORS Teresa Agnew Roseman & Associates APC, 818-380-6700 Greg Borzilleri PCW Contracting Services, 949-285-7802 Jennifer Brunston, CCAM® Action Property Management, 800-400-2284 Angel Fuerte FRESHCO Painters, Inc., 626-482-2698 Diane Hilliard, CCAM®, CMCA®, AMS®, PCAM® Ross Morgan & Company, Inc., AAMC, 818-907-6622 Matt Ober, Esq., CCAL® Richardson Harman Ober PC, 626-449-5577 Dick Pruess Castlegate HOA, 626-584-0000 Lynn Ruger Warner Club Villas HOA, 818-703-7090

CHAPTER EXECUTIVE DIRECTOR Joan Urbaniak, MBA, CMCA®

2016 COMMITTEE CHAIRS AWARDS Katy Krupp, Fenton, Grant, Mayfield, Kaneda & Litt, LLP COMMUNITY OUTREACH Meigan Everett, PCAM®, Gold Coast Property Pros EDUCATION Anda Bewhite, MBA, CCAM®, CMCA®, AMS®, PCAM®, Metropolitan Property Services, LLC FINANCE Michael Lewis, CMCA®, AMS®, PCAM®, Concept Seven, LLC GOLF TOURNAMENT Teresa Agnew, Roseman & Associates, APC Ryan Dudasik, Whitestone Painters LEGISLATIVE SUPPORT Kimberly Lilley, CMCA®, CIRMS®, Berg Insurance Agency, Inc. MARKETPLACE Alan Denison, ALLBRIGHT 1-800-PAINTING MEDIATION SERVICES Matthew Grode, Esq., Gibbs, Giden, Locher, Turner, Senet & Wittbrodt, LLP PROGRAMS/LUNCHEONS Linda Healey, CCAM®, PCAM®, The Californian on Willshire Brian Moreno, Esq., SwedelsonGottlieb PUBLICATIONS Matthew Gardner, Esq., Richardson Harman Ober PC FOCUS Magazine Matthew Gardner, Esq., Richardson Harman Ober PC 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 AAMC® Craig Phillips, CCAM®, CMCA®, AMS®, PCAM® International Tower Owners Assn. SOCIAL Leslee Jones, Alliance Environmental Group Angelique Madrigal, Ross Morgan & Company, Inc. AAMC SOCIAL MEDIA Diane Lortie-Dudasik, CCAM, Metropolitan Property Services, LLC Lindsay Morstad, ASR Construction WINE NIGHT Katy Krupp, Fenton, Grant, Mayfield, Kaneda & Litt, LLP Jolen Zeroski, CMCA®, Union Bank HOA Services

CAI-Greater Los Angeles Chapter

NEWSWORTHY 4 Small Community Associations— Further Comments 8 Avoiding the Pitfalls of Electronic Media 10 Redirecting Communication Flow 12 En Cualquier Idioma (In Any Language) 18 Communicate with Caution and Care 20 Board Education: Email Communication with Your Manager 24 News From Sacramento 26 The Importance of Effective Communication During a Construction Defect Claim

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

NOTEWORTHY 16 Celebrating The PCAM® Designation 22 2015 Recruiter Contest Grand Prize Winners 28 CAI-GLAC Members & Friends Volunteer at L.A. Food Bank 29 Heal the Bay Cleanup Day

FYI 30 32 32 32

CAI-GLAC Membership News 2016 Upcoming Events Advertisers Index Advertising Information

On the Cover

SAVE THE DATE: Wild, Wild West Golf Tournament May 16

Century Park Place Condominium Association Photo by Daniel Nakari, CCAM®, CMCA®, AMS®, PCAM®

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 © 2016. 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. National Office Address: 6402 Arlington Blvd. #500, Falls Church, VA 22042 Tel: 888/224-4321 • Web Site: http://www.caionline.org

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

March/April 2016 | www.cai-glac.org

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2016 CAI-GLAC Super Sponsors PLATINUM

delegate and when to communicate, so that owners and the communities operate smoothly.

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ECENTLY OUR EDUCATION COMMITTEE presented a luncheon program about effective management strategies for smaller communities. The goal was to provide resources and tips on the unique challenges that some of communities face, but one of the clear

NOTE

FROM THE EDITOR’S DESK

messages that shone through was about the importance of communication. In all communities, often the most challenging aspect is on how and what to communicate to our homeowners. Diane Hilliard revisits some of the highlights from the February luncheon. She touches on how some smaller communities can minimize miscommunication by keeping lines of communication open, and making sure that boards are prepared for meetings. Ramona Acosta talks about the importance of the tools that communities use to communicate. The emergence of social media has not eliminated the need for a useful Website, and Ramona offers her thoughts on what information is really invaluable for owners, managers and, directors. Nels Atha dives a little deeper into the essential communication channels between boards and managers. Directors need to know when to

Neda Nehouray writes about an emerging struggle in many communities: those with language barriers. Boards have to weigh what kind of information to translate, because a courteous decision to include translations for some items can create unintended consequences on others. Attorney Ritchie Lipson follows up with the requirements for keeping the lines of communication open during construction defect actions. As part of the resolution process, attorneys, owners, and vendors must all work under the statutory framework for giving notice. Sometimes that includes written notice, but often parties need to meet in person to ensure that accurate information is not lost. Finally, Alexandria Spargo offers her helpful tips for email communications between managers and board members. She asks us to keep in mind that emails are now the main form of communication. Everyone should focus on their audience, stick to the topic, and keep it civil and official. Day in and day out the most important task we have is communicating: to our clients, to our owners, to and our business partners. To maintain these relationships, we need to return to the basics of communication and do our part to remember our audience.

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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Warm regards, — Matthew Gardner, Esq. Editor

Accurate Termite & Pest Control ALLBRIGHT 1-800-PAINTING Alliance Association Bank Animal & Insect Pest Management, Inc. Critter Busters, Inc. Fenton, Grant, Mayfield, Kaneda & Litt, LLP Ferris Painting, Inc. Guard-Systems, Inc. Hi Tech Painting & Decorating, Inc. Pacific Western Bank Paint Squad, LLC Payne Pest Management Preferred Commercial Painting, Inc. R.W. Stein Painting, Inc. Select Painting & Construction, Inc. Silicon Beach Insurance Services Steven G. Segal Insurance Agency, Inc. Union Bank HOA Services Universal Protection Services GOLD Beaumont Gitlin Tashjian Behr Paint Corporation Best Alliance Foreclosure & Lien Services Kasdan Lippsmith Weber Turner LLP Law Offices of Michael A. Hearn NPG—Nelson Paving SAX Insurance Agency Tinnelly Law Group SILVER American Heritage Landscape ASR Restoration & Construction Association Reserves, Inc. Brickman/ValleyCrest FRESHCO Painters, Inc. General Pavement Management, Inc. Jackson Insurance Services Miller Law Firm Mutual of Omaha Bank/CondoCerts ProTec Building Services Reserve Studies Incorporated SwedelsonGottlieb Timothy Cline Insurance Agency, Inc. Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP

BRONZE Action Duct Cleaning Co., Inc. Associa Bentley Community Management, Inc. Berding|Weil CBCI Construction, Inc. Design Build Associates Fenceworks, Inc. Poindexter and Company, CPAs PPG Paints Professional Services Construction, Inc. S.B.S. Lien Services Sherwin-Williams Paint Three Phase Electric We thank our 2016 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

A

S WE SPRINT INTO SPRING 2016, at a time of new beginnings, as sleeping flowers begin to bloom, I am reminded of how special our chapter is and how we are constantly striving to better ourselves collectively as an industry. I cannot write you without acknowledging the overall hard work and success due to our volunteers—Committee Chairs, Committee Members and the Board of Directors. We have continued to experience thought-provoking discussions on timely topics at our luncheons, created and coordinated by our Programs Committee. All this effort, with the hard work of our Board and Executive Director, is what makes our Chapter the amazing organization it is. In this issue of Focus Magazine we are excited to bring to you articles and information addressing the communication challenges in our industry, especially to help communities better address electronic media and foreign language challenges. We hope the insight from our esteemed members

provides communication tools that associations can utilize such as newsletters, Websites and social media. Our January and February luncheons were a smashing success, and if you missed out on those events, just visit our Website at http://www.cai-glac.org for a calendar of upcoming activities. Our Chapter meetings, member education courses, workshops, educational luncheons, and other events provide every participant the opportunity to make our industry better. Coming up we have the Westside HOA Marketplace on April 7 —and don’t forget Day at the Capitol on April 17 – 18! Come join us in Sacramento and let our voice be heard! Take advantage of the regional opportunities our Chapter now provides. Meet and network with your peers, learn new information and hone your skills, knowing that your success is made possible by the success of others, and that others’ success in turn depends on yours. As always, I look forward to meeting and working with you during this year — as we work together, to become better, stronger, faster, and sharper during 2016. — Lisa Tashjian, Esq. 2016 Chapter President

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

CAI-Greater Los Angeles Chapter

March/April 2016 | www.cai-glac.org

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n February 25, 2016, I had the pleasure of joining Neda Nehouray, CMCA®, AMS®, and Steve Roseman, Esq. on the podium at a CAI luncheon held at the Woodland Hills Marriott to discuss dealing with small homeowners associations. We had a wonderful turnout of managers, board members and sponsors and in the 45 minutes allotted to our discussion, we covered many topics, including the legal and financial aspects of management and the difficulties managers often encounter from a time management point-of-view. When we left the luncheon, my head was filled with thoughts related to the hands-on physical challenges portfolio managers

Having been in this industry for several years as have many of you reading this article, I am repeatedly reminded that the basic drive for many home buyers to purchase in a common interest development (aside from possible lower purchase costs) is what we often refer to as the Big Brother Syndrome —which as we all know means that we, as managers, are expected to solve the problems of their residential world and not spend any of their money to do so! Young first-time buyers or buyers who no longer wish to maintain the costs of upkeep on an individual home are often drawn to the attraction of having someone else maintain their property. What is the attraction to a small community? It could be fewer neighbors, more privacy, a more intimate setting, or perhaps they just found a great financial deal in an association that happened to be in a small community. Regardless of the initial reason, once the walls are painted a new color and the furniture is moved in, these new homeowners are faced with many issues that had not been a part of the picture they had in their minds when they signed those loan documents.

Small Community Associations — Further Comments ■■■ By Diane Hilliard, CCAM®, CMCA®, AMS®, PCAM®

face on a daily basis as they provide service, balance limited funds and help their boards understand the challenges. Working as a team with the HOA’s board of directors, community managers help to protect the investment of the homeowners in small communities, maintain the physical property of those communities and, as managers, balance their time in order to give all of their clients proper service. If we look at the big picture, all community associations face the same issues. The difference is that small communities are limited in their revenue source and, should one or more of their members face financial difficulties, the effect on their revenue is staggering.

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We, as professionals, know the importance of having a proactive board of directors willing to give of their time to make business decisions on behalf of their membership. However, the pool of willing volunteers in a small community is often shallow, the rewards of their efforts more unrecognized than appreciated, and when their enthusiasm wears off, board seats become vacated or the account manager is inundated with daily demands to perform miracles— financial, emotional, time-consuming and often in violation of Civil Code or the association’s governing documents.

In my opinion, successful portfolio managers not only enjoy the challenge of working with multiple communities, but also tend to have a caring nature and often get caught up in the personal frustration of their clients’ issues. While I must admit to being one of those caring souls, I have learned to separate my emotions from the job at-hand. In simple terms, this means to keep in mind my role as an account manager, know the actions for which I am responsible, determine the problem at-hand, identify it as being an association matter or not, and take action based on my investigation of responsibility. If I allow my personal feelings about the client to interfere with CONTINUED ON PAGE 6

CAI-Greater Los Angeles Chapter

THURSDAY April 7, 2016

EVENT SPONSORs ALLBRIGHT 1-800-PAINTING Critter Busters, Inc. FirstService Residential BAR SPONSOR

Silicon Beach Insurance Services

GRAND PRIZE SPONSOR Associa

CENTERPIECES

Preferred Commercial Painting, Inc.

Hors d’oeuvres Sponsor

Mulholland Security Centers, Inc.

SHOW BAGS

Guard-Systems, Inc.

■ 5:30 p.m. Meet & Greet Industry Service Providers ■ 7:00 p.m. Complimentary Dinner with Educational Presentation: Budgets: Making Ends Meet Is An Art – Neda Nehouray, CMCA®, AMS® HOA Organizers, Inc. – Sue Nelson, AMS®, CFO Horizon Management Company

SERVICE PROVIDERS IN THE FOLLOWING AREAS ARE AVAILABLE TO SHOWCASE THEIR PRODUCTS AND SERVICES AND ANSWER YOUR QUESTIONS ASPHALT PAVING, MAINTENANCE & SEAL COAT

NPG – Nelson Paving Rose Paving Company, Inc. ASSESSMENT RECOVERY

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INSURANCE

BANKING

LANDSCAPING

Alliance Association Bank Mutual of Omaha Bank/CondoCerts Orange County Business Bank Union Bank HOA Services

CAI-Greater Los Angeles Chapter

Brian Berce Insurance Agency Jackson Insurance Services SAX Insurance Agency Silicon Beach Insurance Services Steven G. Segal Insurance Agency, Inc. Timothy Cline Insurance Agency, Inc. American Heritage Landscape Brickman/ValleyCrest

Dunn-Edwards Paints PPG Paints Vista Paint Corporation

POOL MAINTENANCE RECONSTRUCTION

EmpireWorks Reconstruction & Painting

PAINTING CONTRACTORS

ALLBRIGHT 1-800-PAINTING FRESHCO Painters, Inc. Preferred Commercial Painting, Inc. Select Painting & Construction Super Painting Co. SKY Painting PEST/TERMITE CONTROL

Accurate Termite & Pest Control Critter Busters, Inc. Payne Pest Management, Inc.

ROOFING

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Mulholland Security Centers, Inc. WATER TREATMENT

W.C. Service Company, Inc.

March/April 2016 | www.cai-glac.org

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Small Community Associations—Further Comments CONTINUED FROM PAGE 8

my responsibilities, my judgment becomes clouded and, ultimately, I do not use my time efficiently. This is not to say that residents should not be made aware of decisions and why they were made. Does anything I have said to this point provide a simple solution to handling the day-to-day challenges of dealing with small communities? Absolutely not. If I have been able to provide a good overall picture of some of the problems we face, however, we might be able to now focus on some of the basic fundamentals we need to apply in order to be successful in properly utilizing the time we put into our daily routines. Using our time well allows us to better assist our clients and certainly helps us feel better with positive results. Whether you are dealing with current clients or you have been given a new account, if you do not have a clear understanding of the scope of work for which you have been contracted, how will you know where to draw the line? If you do not have access to the management contract, sit down with your supervisor and fully discuss and understand your obligations to the client. Certainly you wouldn’t hire a painter and simply

tell him/her to “paint the building.” You have entered into a contract, and your obligation is to fulfill the terms of that contract as spelled out in the executed agreement. If you are working with a client with whom you have already established a relationship and you discover you are providing far more service than spelled out in your contract, it is time to hold an executive meeting to review and discuss the services you are providing vs. the services for which they are paying . If you have a good relationship with this client, you are not going to “‘throw them out the window or under a bus,” but you will need to mutually agree on the details of your job description. If your company structure is such that this is something to be handled by a supervisor, then, by all means, involve them in this negotiation. If you have been given a new account, at your very first meeting, review the expectations of the board vs. the terms of your agreement—and stick to those terms. Establish a method of communication that does not include opening your computer in the morning to see 200 unopened emails and 50 phone messages. Establish a line of communication that does not trap you in those “group discussions” that include gossip, home remedies, the weather and at the bottom of the page an “Oh By The Way” meant for

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CAI-Greater Los Angeles Chapter

you. You have the Civil Code on your side when it comes to decision-making via email. Use your knowledge and help your client keep from violating the statute. Sometimes it is helpful to remind your client that emails are legal documents and you are required to retain all of them in a file for future reference.

approval if not an emergency. Delinquency policies are made to be followed, and if your board does not do so, they are in violation of their fiduciary responsibility to protect their members. While you can only advise rather than enforce, make sure your advice is documented.

Be preparing for board meetings on a daily basis. Set up files in which you can begin to sort the business documents of the association by category, so when it is time to put that packet together, you are organized and ready to go. Utilize email to scan and send packets to your boards several days prior to meetings so they can hopefully be prepared on the day of their meeting. Be sure to mark your calendar so notices and agendas are properly posted: 96 hours prior to Open Session, 48 hours for Executive Only. Include a calendar in your board packet that reflects upcoming events, preventive maintenance schedules, budget preparation meetings, annual meetings, engaging your CPA, insurance renewal, etc. Always bring your governing documents with you to your meetings in case questions arise.

Use reliable vendors, but don’t be afraid to negotiate pricing and, above all, don’t “get comfortable” using one vendor repeatedly without bidding out pricing. Make sure to have current license and insurance information on all your vendors. We are very fortunate in our industry to have a large pool of quality vendors as members of CAI. Utilize their services.

Know and understand the financial condition of each of your communities and make sure your boards are also aware. There is a big difference between Maintenance and a Wish List. Special assessments are unpopular and require membership

CAI-Greater Los Angeles Chapter

While there are so many facets to what we do as professionals in this industry and so many stories we can tell, I think if I were to sum up my thoughts and feelings, the key words I would focus on are: BE ETHICAL; BE ORGANIZED; BELIEVE IN YOURSELF AND CONTINUE TO IMPROVE YOUR OWN SKILLS BY UTILIZING THE EDUCATIONAL OPPORTUNITIES OFFERED BY CAI. Diane Hilliard, CCAM®, CMCA®, AMS®, PCAM®, is Director of Property Management at Ross Morgan & Company, Inc. AAMC ®, a full service management company with offices in the San Fernando and Santa Clarita Valleys. Diane is also a member of the Chapter’s Board of Directors. She can be reached at diane@rossmorganco.com

March/April 2016 | www.cai-glac.org

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AVOIDING THE PITFALLS OF ELECTRONIC MEDIA  By Ramona Acosta, CMCA, AMS, PCAM

COMMUNITY WEBSITE can be a valuable and effective communication tool by allowing residents to access homeowners association (“HOA”) information 24 hours a day, seven days a week. While there are no current regulations regarding HOA Websites, there are a few pitfalls that should be avoided when sharing community information in a public forum. A typical HOA Website will provide information tools to the residents, including access to association documents, calendar of events, board meeting agendas, contact information, etc. The board may post most of these items within a public area of the Website. However, some items will need to be housed in a secure location. For example, the association’s CC&Rs, Bylaws, and other governing documents are legal documents between the association and its members. Access to these documents should be restricted to a Members Only location of the site, and be protected via a user name and password. The board may also consider posting disclosure notices, such as the Annual Budget Report, Annual Policy Statement, and other communitywide disclosures on the site. As noted above, these documents should be contained within the Members Only section. The association would still be required to provide these notices to the membership per the General Delivery requirements outlined in Civil Code §4045; however, keeping a copy on the Website provides the members with a quick and convenient location to obtain additional copies, if necessary. If the association allows its members to review assessment account information, or pay assessments online, they will need to be able to access a secure area of the Website in order to protect their private information. To protect the association from liability from data breaches, be sure to utilize a payment vendor that is PCI Compliant. PCI

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Data Security Standards include requirements to maintain a firewall to protect cardholder data, encrypt transmission of cardholder data, use and regularly update anti-virus software, assign a unique ID to each user, and regularly test security systems, among other things. SOME HOA WEBSITES also include a chat room for residents, or provide a link to the community’s social media network. Keeping your Website social can help build a sense of community. However, it can also be a place for members to voice their grievances. Before including this feature, the board should work with its legal counsel to create a Code of Conduct and Terms of Use Policy, including any disciplinary action for violations. Residents will need to agree to the Code of Conduct and Terms of Use prior to being allowed access to the chat room or social media page. Where social media does not have an option to accept the Terms of Use prior to entry, the association should include a disclaimer that, by use of the social media page, the user agrees to the Code of Conduct and Terms of Use. In addition, the HOA should have someone available to moderate the site, so inappropriate comments can be immediately removed. Due to the time and cost associated with monitoring an online forum, the board may find it more beneficial to include a list of Frequently Asked Questions (FAQs) on its Website, as well as a Contact Form, where residents can have their questions quickly answered. If the association elects to participate on social media (e.g. Facebook, Twitter, Pinterest, etc.), it must ensure it is following Federal Trade Commission (“FTC”) truth-in-advertising laws. For example, an association wishing to increase participation on its Facebook page may run a contest to “Like” its page for a chance to win a gift card. Facebook and the FTC consider these likes to be enticed by artificial incentives and require that certain disclosures

CAI-Greater Los Angeles Chapter

and adjustments be made to the messaging. Instead of forcing a member to like the page for entry into the contest, the association can propose the options of liking the page, sharing the contest, and tweeting about the contest. In addition, the association must follow FTC disclosure guidelines by including the hashtags #contest or #sweepstakes in the post. Disclosures may also be required if the community is endorsing another company or product, such as a post encouraging spring cleaning by donating to a suggested charity, or advertising a community garage sale hosted by a local real estate agent. Although it may not be the association’s intent to provide an endorsement for these companies, the FTC’s guidelines view them as such. Be sure to check with legal counsel before posting contests, reviews, or endorsements on social media to ensure the proper disclosures are made. ABOVE ALL, the association needs to ensure that the information is kept up-to-date and relevant to ensure that residents keep coming back. Ramona Acosta, CMCA, AMS, PCAM, is the Director of Business Development of Tinnelly Law Group, PC, and is a Delegate to CAI’s California Legislative Action Committee (CAI-CLAC). Tinnelly Law Group has been devoted exclusively to providing legal representation to California community associations for 25 years. Ramona may be contacted at ramona@tinnellylaw.com.

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www.BentleyCM.com March/April 2016 | www.cai-glac.org

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REDIRECTING

COMMUNICATION FLOW I MIGHT BE AN OPTIMIST, BUT I THINK THAT MOST DIRECTORS GET ON THE BOARD TO BE HELPFUL. WHEN SOMEONE ASKS A QUESTION, HELPFUL PEOPLE ARE INCLINED TO ANSWER IT, RIGHT? THAT ANSWER COMES EASILY, ESPECIALLY IF YOU’VE WORKED IN SERVICE OR HOSPITALITY. DO I NEED APPROVAL TO REPAINT MY BEDROOM? – NO, NOT IN OUR BUILDING. DID THEY GET MY ASSESSMENT PAYMENT? – LET ME CHECK THAT FOR YOU REAL FAST. A SPRINKLER HEAD IS BROKEN OFF! – OKAY, I’LL CALL THE LANDSCAPER. IT FEELS GOOD TO HELP OUT. • BY NELS ATHA, CMCA®, AMS® It certainly seems like everyone wins, but next thing you know, a real estate agent is demanding answers about rental percentages and litigation right now or you’ll be responsible for the sale falling through—but it’s okay because you have that information somewhere on your phone. However, the member in #105 keeps calling about an approval for some sort of plumbing work, and you just can’t concentrate with the landscaper banging on your door, demanding payment that he says was due last week. If you’re a CID manager, this is called Monday morning. If you’re a director, then you’ve gotten yourself into the middle of a communications problem. This would be a strange event to many directors and managers operating in other locations of the country. Why would members be going over management and bring day-today issues to a director? Is management to blame? Are the neighbors crazy? Is the director doing something fraudulent? Probably not. We work with HOAs, so we know the answer isn’t going to be so simple. Because of housing demand and availability of land space, our Los Angeles area is home to a disproportionate percentage of small associations. In our area, more than others, many directors are not accustomed to the concept of a few hundred escrows per year. Directors at a 30-unit association are not likely to have experience with litigation at the association. They may deal with architectural requests so infrequently that forming an architectural committee seems like unnecessary bureaucracy, despite what may be clearly outlined in their documents. In an 18-unit building, everyone is on a firstname basis, and helpful directors often distribute their

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phone numbers freely. Quite often, they unilaterally make management decisions, and give minor or major approvals on the spot when it seems like the right decision. A lot of well-intentioned members run for the board to help out their neighborhood, and they act in the interest of efficiency. All too quickly, however, they become targets for all manner of HOA business, and they burn out. Once directors find themselves in this position, how do they redirect association business to the manager? How does the genie get back into the bottle? Again, the solution is not simple. When everyone has it in their mind that the director is the contact point for the board, it takes some work to re-train the bad habits of a community. The first things to consider are the lines of communication between the members and management. What are members supposed to do when they have something to report? It is important to gauge the community’s needs for specific lines of communication. Problems can arise, for example, when management is not using email in an association with a techsavvy population. If the board and management are pushing to go paperless when many members don’t use the Internet, then I can guarantee an uphill battle. Do members have an opportunity to air their concerns? Again, this may seem odd to some, but not all boards meet on a regular basis. Again, some see nothing but bureaucracy— but meetings allow members an opportunity to address issues in front of the board, when the directors are prepared for it.

CAI-Greater Los Angeles Chapter

If they don’t feel that they have that opportunity, then many members feel that they must approach directors individually. Even if they do meet regularly, many associations in the Los Angeles area cannot afford to have a manager at the meetings. Keep in mind that we are home to 3- and 4-unit associations governed by just about all of the same laws as 300- and 400unit associations. An annual “get to know your manager” event is a great way to do this. With small associations, another option for management is to invite the membership to tour the management office. This has a huge impact on the attendees and really helps members to better understand some of the work management performs. Unless the office is very close to the property, however, this usually has an extremely low attendance rate. Just as an electrical charge will find the easiest way to travel from one point to the next, people will do what is easiest. Every time a helpful director engages to help a member with association business, that member is learning to bring problems to the director. That member will go home and tell their neighbor about how helpful and nice the director is. Now there is an expectation that the director will solve the next problem. That director is now a target for a toxic mixture of members’ distress and discontent. In person. At home. In front of their children.

but it is the only response that a director needs. Keep in mind that a director’s authority is pretty much confined to voting at a meeting. Outside of a meeting, directors must resume their lives as regular members. We’ve all dealt with those members who will not take “no” for an answer, and I know how difficult that can be. It can be very frustrating for them to try to deal with someone who can, but won’t help; to get shrugged off and transferred to someone else because, in the member’s mind, it’s not the director’s problem. If members are used to coming to the director, then anger, frustration, even offensive language and behavior is to be expected. Directors must remain diligent and refuse to take action on behalf of the association. Directors out there, if you need to—change your phone number. Keep a stack of your manager’s cards by the door. Play dumb if you need to. Get comfortable with taking a back seat to the day-to-day issues. That’s what a manager is hired for anyway. Remember, you are a director at a meeting and a member during the rest of the month. Nels Atha, CMCA, AMS is the founder and CEO and of Common Interest Services, Inc., a financial and full-service management company located in Torrance. He can be reached at info@cishoa.com.

Now for the most important phrase of this article, “I don’t know, contact management.” This is such a simple statement,

Sharing our experience with community

CAI-Greater Los Angeles Chapter

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11

When an alert resident smelled gas at the Talltree South Condominiums in Annandale, Va., the gas company promptly arrived to shut off service. Spreading the word to residents within the community—which had first seen an influx of Hispanic residents, followed by residents who spoke Korean and other Asian languages—was more daunting. Communicating with non-English-speaking residents is increasingly a challenge for managers, particularly in fast-growing areas where demographic shifts have led to a proliferation of languages. A 2010 U.S. Census Bureau report showed that nearly 56 million Americans speak a language other than English when they are at home, a 140 percent increase since 1980. Some 30 to 50 percent of these reported they did not speak English well, suggesting that many nonEnglish-speaking residents may need help understanding messages sent by their associations.

FOUND IN TRANSLATION MANAGERS IN COMMUNITIES IN WHICH THERE ARE NUMEROUS ETHNICITIES SHOULD CONSIDER EXPLORING WHAT LANGUAGES ARE SPOKEN—AND WHO MIGHT BE AVAILABLE TO TRANSLATE CONVERSATIONS, DOCUMENTS AND SPOKEN COMMENTS AT MEETINGS.

EN CUALQUIER IDIOMA (In Any Language) ●●● By Mark Toner

When possible, consider hiring bilingual staff to help address the communication gap. “We have staff who can translate Spanish and English,” says Michael Huffman, CMCA, AMS, PCAM, CEO of Management Professionals, Inc., in Torrance, Calif. “Other languages are a problem.” Some associations rely on community volunteers to translate when managers need to have conversations with residents. “We can usually find someone in the complex who has bilingual experience,” says Roman Esparza, of Beven and Brock Property Management in Pasadena, Calif. In many cases, owners and residents rely on their children to translate. “For the most part, if non-English-speaking residents have a

matter to discuss with us, they will show up with someone to translate for them—usually a younger member of their own family,” Huffman says.

CONTINUED ON PAGE 14

©Community Associations Institute 2015. This article is reprinted from Community Manager, published by Community Associations Institute. Further reproduction and distribution is prohibited without written consent. Got to www.caionline.org for more information.

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EN CUALQUIER IDIOMA (In Any Language) CONTINUED FROM PAGE 12

Text messaging also can play a valuable role, says Dorothy Firsching, an owner and board member at Virginia’s Talltree South Condominiums. Her association’s e-mail notices are also sent to residents’ mobile phones. According to Firsching, sending short messages in English to all residents is helpful because they reach non-English speakers who do not have computers or e-mail, and residents usually can find someone to help translate messages. Another solution is to recruit bilingual students from local high schools or colleges to help with translation duties, possibly through internships or work-study arrangements.

PUT IT IN WRITING FOR WRITTEN ASSOCIATION MATERIALS, INVESTING IN TRANSLATION CAN BE MONEY WELL SPENT IF THESE DOCUMENTS REDUCE RULES VIOLATIONS, HELP GET ASSESSMENTS PAID ON TIME OR BUILD COMMUNITY THROUGH INCLUSIVENESS. AT THE SAME TIME, COST AND LEGAL CONSIDERATIONS OFTEN LEAD ONLY TO MINIMAL TRANSLATION OF WRITTEN NOTICES.

“The costs to translate are prohibitive for our association,” says Lynne Collmann, CMCA, AMS, of Savoy Community Association in Los Angeles. “So, the only notices translated into other languages are the notices in the trash room that advise how to dispose of trash and recycling.” According to Brett Ferguson, board treasurer of Willow Falls Townhomes in Dallas, to address potential liability, the board felt compelled to translate rules for the swimming pool and the recorded message on the office telephone so residents would know what to do in an emergency. All other communications are in English. Community meetings are often a good place to find engaged bilingual volunteer residents willing to translate written materials, such as rules and regulations and notices that elevators are out of service, according to Esparza. “We try to solicit within the community,” he says. “Sometimes, associations will even pay volunteers for their time.” Esparza says it is critical to find someone “who has a basic understanding of the community—not just somebody off the street, but someone with knowledge of the things (the community) is dealing with.”

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Collmann’s association places all of its written communications — rules, newsletters, minutes, community information — on its website. While all are in English, the site has an embedded, if somewhat limited, feature that automatically translates materials into 10 different languages.

COMPLEX CONVERSION MORE COMPLEX ASSOCIATION DOCUMENTS POSE ADDITIONAL CHALLENGES DUE TO THE TECHNICAL NATURE OF THE LANGUAGE AND POTENTIAL LEGAL IMPLICATIONS. “A simple notice of a meeting is pretty simple to do, but when you’re talking about rules and regulations, you’ve got to work through it,” says Firsching. “It’s not just having someone to do the translation, but other people who will read it critically and make sure it’s right.” Because of legal issues, Horizon Management of Torrance, Calif., distributes all written communications in English and does not offer translations, says Joanne Peña, CMCA®, AMS®, PCAM®. “We were advised by legal counsel years ago that once we communicated with the populace in any other language, we would set a precedent and (could) be required to publish all communications in multiple languages,” she explains.

translate them into Spanish,” Ferguson says, and the issue of how documents were translated—and by whom—could be raised in court if there was ever a legal dispute. Beyond the need to translate specific communication, language barriers add another wrinkle to a familiar problem for managers—the need to educate new owners and renters about their responsibilities in an association. “If you have a large number of rentals, it’s an educational process for all,” Collmann says. “Keep a sense of humor and be willing to work with residents who may not understand the workings of a homeowners association.” Firsching agrees. Like all residents who are new to common-interest living, those who don’t speak English must still be educated on the importance of maintenance and community involvement. "It's not strictly a language issue," she says. Mark Toner is a Reston, Va.-based freelance writer.

Translating legally binding documents such as contracts is also tricky. “We would need to hire a legal representative to

CAI-Greater Los Angeles Chapter

March/April 2016 | www.cai-glac.org

15

Celebrating The P Fellow PCAM designees welcomed two new PCAMs: Donyelle La-Key, CCAM, CMCA, AMS, PCAM (Property Management Professionals, LLC AAMC) and Laurie Mark, CMCA, AMS, PCAM (Valencia Management Group AAMC), pictured here with Chapter President Lisa Tashjian, Esq.

M

ORE THAN 50 PROFESSIONAL COMMUNITY ASSOCIATION MANAGER (PCAM®) DESIGNEES, Chapter Board of Directors members, friends and event sponsors gathered at The City Club LA in downtown Los Angeles on February 12 to enjoy each other’s company and celebrate the achievement of new designees Donyelle La-Key of Property Management Professionals, LLC AAMC and Laurie Mark of Valencia Management Group. (See photo above.) The PCAM® designation is the pinnacle of professional achievement for managers with advanced skills and experience. A PCAM candidate must 1) pass the CMCA® examination; 2) pass all six 200-level courses; 3) have five years or more of direct community manager experience; 4) successfully complete a challenging case study analysis of a community association; 5) comply with the CAI Professional Manager Code of Ethics; and 6) participate in a minimum level of chapter service activities.

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CAI-Greater Los Angeles Chapter

PCAM Designation ®

Chapter Members Holding The PCAM® Designation

CAI-Greater Los Angeles Chapter

Ramona Acosta

Sharon Hanson

Ruth Moffitt

Adrian Adams

Lionel Harris

Nancy Mohni

Chris Albrecht

Linda Healey

Julius Nagy

Margaret Allen

Isaiah Henry

Tina Nakamura

Anda Bewhite

Elvin Hidalgo

Dan Nakari

Dave Brock

Diane Hilliard

Pete Ong, Jr.

Wendy Bucknum

Shanne Ho

Joanne Peña

Kelly Bunnell

Russell Hoffman

Craig Phillips

Donald Campbell

Michael Huffman

Alexandria Pollock

Judy Campion

Cyndi Koester

Jon Sabo

Tami Chavin

Karen Kokowicz

Allan Schein

Lisa Dale

Donyelle La-Key

Robert Sides

Richard Egan

Sandra Levinson

Marianne Simek

Farrah Esquer

Lorna Leviste

Diana Stiller

Meigan Everett

Michael Lewis

Gerry Suenram

Steve Feistel

Evelyn Lifton

Michelle Underwood

John Felder

Gregg Lotane

Jill Van Zeebroeck

Lynette Findlay

Ted Loveder

Connie Vohden

Dirk Foster

Laurie Mark

Tracy Wolin

George Gral

Duane McPherson

Lori Ziegler

Laurie Gral

Erik Mendez

March/April 2016 | www.cai-glac.org

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COMMUNICATE WITH CAUTION AND CARE  By Neda Nehouray, CMCA®, AMS®

I

n today’s day and age, there is much more technology available for exchanging information, and yet we seem to also have more trouble than ever communicating effectively. When it pertains to communal living, communication is essential in building unity among the residents. The manager is tasked with providing updates on community projects, serving as liaison between owners and the board of directors, and also managing vendors and the day-to-day issues on the property. Each community is comprised of people with different life philosophies, different ideas, and often different cultures and languages. These differences often create significant challenges in effectively communicating and bringing everyone together. In some of our managed communities, we have a larger population of residents whose primary language is something other than English.

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We have sometimes been asked by our residents or by the board to translate association documents to an alternative language. Ultimately, I do not believe that it is the association’s responsibility to translate documents like Governing Documents (CC&Rs, Rules, etc.) and would suggest that owners find an interpreter to help them understand the documents. In some cases, we have also been asked to translate notices on property updates or even election materials to an alternate language. Board members feel that there would be greater owner participation if more people had the ability to understand the materials. In these cases, I personally do not want to take on the responsibility of making sure that the notices are translated properly. It is also difficult to have legal counsel review such documents and verify the accuracy, since it is challenging to find counsel

CAI-Greater Los Angeles Chapter

that not only understands HOA law but fluently speaks and writes in a language other than English. For this reason, when a board requests this to be done, we will oblige, if they take responsibility to translate to the preferred language using the English version we have provided. In general, I would ask myself if there would be possible repercussions if the translations were inaccurate. I would be more inclined to release general property notices for updates to the residents with an English version and a translation in another language and would advise against distributing anything translated that is governed by Civil or Corporations Codes, or the Governing Documents, which could result in legal ramifications if the notices were translated incorrectly. Examples of what I would agree to distribute with English and another language would be water shutoff notices, notices of a property

component malfunctioning, newsletter information, etc. I have also encountered situations where owners attend board meetings or hearings and do not speak English fluently. Does the board have a responsibility to try to include all owners and make sure everyone understands what is being discussed? In those situations, I do not think that it is efficient or appropriate for the association to be responsible for translating what is being discussed. Rather, the association can establish meeting procedures and specify that owners are permitted to bring translators to the meeting, provided that owners notify the association in advance of the translator’s attendance. This can be permitted for the open session meetings or for hearings with the board. Establishing a policy like this in advance welcomes more owners and makes them feel comfortable in participating.

Overall, offering information to residents about the community happenings is key to making owners feel included and to promote participation. Communicating in languages other than English is a courtesy and not a requirement, but I would suggest that the association consider whether the benefits of distributing in multiple languages would outweigh the potential repercussions. If any procedure can be challenged because of something being translated incorrectly, I would definitely think twice before doing so and just provide the information in English. Communicate with caution and care! Neda Nehouray, CMCA®, AMS®, is the owner and CEO of HOA Organizers, Inc., a full service management company in Lake Balboa. She can be reached at info@hoaorganizers.com.

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19

BOARD EDUCATION: EMAIL COMMUNICATION WITH YOUR MANAGER By Alexandria Spargo, CMCA®

EMAIL COMMUNICATION HAS BECOME THE PRIMARY METHOD OF COMMUNICATION FOR HOAs IN RECENT YEARS. AS OF JANUARY 1, 2012 CIVIL CODE CHANGED TO DISALLOW BOARDS TO HOLD MEETING THROUGH EMAIL COMMUNICATIONS (CIV. CODE 4910(B)) UNLESS IN AN EMERGENCY AS DEFINED BY CIVIL CODE. THE PURPOSE OF THIS CHANGE WAS TO INCREASE TRANSPARENCY OF BOARD DECISIONS. EVEN STILL IT IS OFTEN NECESSARY TO DISCUSS ISSUES AND SHARE INFORMATION THROUGH EMAIL. THE PROBLEM THAT ARISES IS IF USED INCORRECTLY, THE EFFICIENCY OF EMAIL GETS LOST. HERE ARE A FEW HELPFUL HINTS FOR BOARD MEMBERS TO MAXIMIZE THE EFFECTIVENESS OF EMAIL COMMUNICATIONS.

■ GIVE CLEAR DIRECTIONS Often board members will send their manager vague direction, which makes it very easy for the manager to overlook an action item. For example, don’t send this: “I was walking through the property and I noticed the Jacaranda tree looks like it might need trimming. Also Susan painted her front door. It looks nice, but the color is a bit off from what we approved at the last meeting. I also was wondering about that issue we had with the vendor last week”. Send this: “Please call the landscaper and ask him to provide an estimate for trimming the Jacaranda tree on the north side of the property near Unit 3. Susan in Unit 4 needs to be sent a compliance request to repaint her front door. The color is not what was approved at the last board meeting. Please also provide an update regarding the pest control company missing their scheduled appointment last week. Has that been rescheduled?” Often it is clear to the board member what they are requesting, but to the manager it just seems like discussion or information. Being very pointed about what you are expecting your manager to do will allow them to better fulfill the board’s needs and will also cut down on the back and forth emails asking for clarification.

■ COPY YOUR MANAGER ONLY WHEN NECESSARY In some instances it makes sense to copy your manager to ensure that they are apprised of relevant issues, but there are many instances when copying your manager is unnecessary. If you only copy your manager on pertinent issues, it helps them pay closer attention to what is truly affecting the HOA, without bogging them down in the day-to-day conversations.

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CAI-Greater Los Angeles Chapter

■ KEEP TO THE SUBJECT LINE

■ AN EMAIL IS NOT THE SAME AS A TEXT

When your manager sends you an email with a specific Emails should be treated the same as a business letter. You subject line, you should stick to discussing only that topic. should avoid using abbreviations or acronyms. Not all people If you have another issue to will understand the current discuss, you should send it in a slang and abbreviations and separate email with a relevant they do not mean the same subject line. Keeping your ■ Often it is clear to the board member what thing to everyone. It is best to emails organized and on topic be clear and use professional they are requesting, but to the manager it just language. allows your manager to stay organized and makes it easier seems like discussion or information. Being to research past issues as is ■ REMEMBER TO KEEP very pointed about what you are expecting often needed. IT POLITE

■ BEWARE OF “REPLY ALL”

your manager to do will allow them to better fulfill the board’s needs and will also cut down on the back and forth emails asking for clarification. ■

Homeowners and board members have been known to copy people on emails that are not appropriate to the conversation, such as other homeowners or attorneys. Prior to responding by clicking “reply all,” make sure that all of the recipients are appropriate to receive the reply. If you remove someone from the email, I have found it useful to write “Reduced Distribution” at the beginning of a reply so that the other recipients are aware of AAB_Innov_CAI-GLAC_Cardoza_QtrPg_120115.pdf 1 12/1/2015 5:14:16 PM the removal.

CAI-Greater Los Angeles Chapter

It is easy to feel like you are having a private conversation and feel that you can be very candid in emails but, if an HOA is ever sued, emails will most likely be subpoenaed. Board members and managers should keep this in mind with every email they send. If you wouldn’t want it to be heard in a court of law, then it shouldn’t be said in an email.

Alexandria Spargo, CMCA, is a portfolio manager at Management Professionals, Inc. AAMC. She can be reached at Alexandria@mpimail.net.

March/April 2016 | www.cai-glac.org

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Congratulations to the 2015 Recruiter Contest Grand Prize Winners Since Diane Hilliard, CCAM®, CMCA®, AMS®, PCAM® (Ross Morgan & Company, Inc. AAMC®) and Tina Nakamura, CMCA®, AMS®, PCAM® (Property Management Professionals, LLC AAMC®) accrued the same high number of recruitment points, they were both declared Grand Prize Winners of 3-Day, 2-Night Getaway Packages.

Diane Hilliard and Tina Nakamura pictured with Lisa Tashjian, Esq. (Chapter President) to left and Stephanie Sanders (2015 Membership Committee Chair) to right.

WE REPRESENT COMMUNITY ASSOCIATIONS

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Orange County 949.476.3789

Los Angeles 310.207.2207 California 800.372.2207

San Francisco 415.762.1889 CAI-Greater Los Angeles Chapter

Our sincere thanks to all members who recruited at least one new member during 2015 and helped our chapter grow. Adrian Adams, Esq., PCAM® Nels Atha, CMCA®, AMS® Sue Bartley Omar Bayter Jim Boutross Robin Choppe Heather Dellorso, CMCA®, AMS® Carrie Field, CCAM® Jose Glez, CIRMSTM Linda Healey, CCAM®, PCAM® Ariel Hess, CCAM®, CMCA®, AMS® Diane Hilliard, CCAM®, CMCA®, AMS®, PCAM® Russell Hoffman, CMCA®, AMS®, PCAM® Michael Huffman, CCAM®, CMCA®, AMS®, PCAM® Denise Iger, Esq. Donyelle La-Key, CCAM®, AMS®, PCAM® Gregg Lotane, CCAM®, PCAM® Sascha Macias, CMCA®, AMS® Pauline MacLean Erik Mendez, CMCA®, AMS®, PCAM® Julius Nagy, CCAM®, CMCA®, AMS®, PCAM® Tina Nakamura, CMCA®, AMS®, PCAM® Neda Nehouray, CMCA®, AMS® Sue Nelson, AMS®, CFO Martha Olvera, CMCA® Joanne Pena, CMCA®, AMS®, PCAM® Will Reimbold, CMCA®, AMS® Mahendra Sami Jean-Paul Vines Brad Watson, CCAM®, CMCA®, AMS®, PCAM®

Many thanks to the 2015 Recruiter Contest Sponsors pictured here with the Contest Winners: American Technologies, Inc.; Dunn Edwards Paints; Hi Tech Painting & Decorating, Inc.; Platinum Security, Inc.; Silicon Beach Insurance Services; SKY Painting; and Witkin & Neal, Inc. Not pictured: the Centurion Group, Infinity Property Services and Timothy Cline Insurance Agency, Inc.

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NEWS

FROM SACRAMENTO

HERE’S THE LATEST FROM SACRAMENTO SOME OF THE BILLS CURRENTLY BEING TRACKED BY THE CALIFORNIA LEGISLATIVE ACTION COMMITTEE (CLAC): Senate Bill 1391 (Bates)… this bill is being sponsored by CLAC. We plan to amend it to provide relief to associations in the form of recovering delinquent assessments or some other form of priority payment after a foreclosure. Our goal is to help communities remain solvent. Assembly Bill 1720 (Wagner)… this bill permits an attorney who represents an association member to attend any board meeting that the member is permitted to attend, regardless of whether that member also attends, and regardless of whether the association has its attorney present. We strongly oppose this bill because communities cannot afford the costs of having attorneys at every meeting.

Assembly Bill 1799 (Mayes) allows for the election of candidates by acclimation to the Board of Directors when the number of candidates is the same as, or less than, the number of open seats in an “uncontested” election. CLAC supports this bill but opposition has surfaced. It may be a difficult bill to pass. Mark your calendars to attend our annual “Legislative Day at the Capitol”! Sunday, April 17th consists of educational sessions, and Monday, April 18th will contain bill briefings and meetings with your legislators. Please help us SUPPORT AB 1799 and OPPOSE AB 1720, by contacting your Assembly member. See your packet for more information. Skip Daum is our Legislative Advocate for CAI's California Legislative Action Committee and may be reached at caiclac@aol.com.

OUR THANKS TO 2016 CAI-CLAC CONTRIBUTORS JANUARY 1 – FEBRUARY 29

100 South Doheny CA, Inc. 446 San Vicente HOA 515 San Vicente HOA GOAL: $25,380 826 2nd Street HOA 909 El Centro, Inc. 914 Lincoln Blvd. HOA 948 20th Street HOA 1050 3rd Street, Inc. 1242 Berkeley Street HOA 1331 Berkeley Street HOA 15206 Burbank Blvd. HOA 1715 California Ave. HOA 1835 7th Street HOA 2050 Artesia HOA 42% 2641 4th Street HOA of goal 4424 Whitsett Avenue HOA 4820 Bellflower HOA as of 3/24/2016 Armour Lane CondominiumAvis HOA Avocado Glen HOA $10,532 Berkeley Townhouse HOA, Inc. Beverly-Westwood Condominium HOA, Inc. Bodger Park Condominiums HOA Cardiff Court OA, Inc. Casa De Valley View OA, Inc. Casa de Suenos CA Cedar Glen HOA Chateau Goshen HOA Culver Centrale HOA

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Culver City Gardens Eight on Twenty HOA Florwood Estates HOA Gorham Park HOA, Inc. Hermosa Surf Condos, Inc. Hillcrest Meadows HOA, Inc. Hillcrest Rolling Hills HOA, Inc. Hopi HOA Idaho Villas HOA Idaho West townhomes HOA Irena Vista HOA Kelton Arms COA Lawford HOA Marine Village HOA Oak Hill Condominium HOA Oak Street HOA Oakbridge HOA Ocean West COA Pacific Colony HOA Pacific Regency HOA Pacific View Condominiums HOA Park Crest HOA Polynesian OA Rancho Glen HOA Seascape-Redondo HOA, Inc. Silver Spur Court HOA South Bay Estates HOA South Hermosa Townhomes HOA

Spencer Estates HOA Textile Building OA The 558 Evergreen Street HOA The Galaxy HOA The Vista Pacifica HOA Villa Cordoba HOA Villa Del Sol Villas HOA VIP Goshen Association Vogue Condominium Association West Wind Townhomes HOA Westside Townhouses HOA Wilshire Regent HOA Wilshire Selby Towers East CA, Inc. Yale St. HOA

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What is CLAC? 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 AMERICAN DEDICATED TO MONITORING LEGISLATION, EDUCATION ELECTED STATE LAWMAKERS, AND PROTECTING THE INTERESTS OF THOSE LIVING IN COMMUNITY ASSOCIATIONS IN CALIFORNIA.

ABOUT THE ORGANIZATION  Is a non-profit, non-partisan committee composed of two Delegates and one Liaison from each of the eight CAI California chapters.  Represents over nine million homeowners and property owners in more than 45,000 associations throughout California.  Comprises association homeowners, board members and the professional business partners that service them.  Is NOT a PAC (Political Action Committee) and makes no financial campaign contributions.  Depends solely on the donations of the community associations, their boards of directors and those who serve HOA members.

CAI-CLAC

2016 LEGISLATIVE DAY AT THE CAPITOL

SAVE THE DATE!

APRIL 17-18, 2016 HYATT REGENCY SACRAMENTO, CA Join movers and shakers from all over California as CAI-CLAC goes straight to the lawmakers in Sacramento to make our voices heard. Participate in education sessions for all levels of legislative experience, while the CAI-CLAC Delegates and Liaisons have their “position” meeting and get to know the CLAC Committee members at the Meet the Delegates event.

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.

888.909.7403 916.550.9488 fax www.caiclac.com

Make “Buck A Door Or More” a Line Item in Your Budget

Y

our donation gives you a voice. We encourage your association or company to contribute at least $1.00 per unit each year. The CAI Legislative Action Committee’s (CAI-CLAC) legislative advocacy efforts are entirely dependent upon the opinions and experience of the industry’s professionals and CID homeowners. CLAC serves the interests of approximately 9,000,000 people who

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live in and work with CIDs in the state of California. CLAC communicates with legislators and other elected and appointed officials, and CLAC members educate government officials about CID concerns through letters, phone calls and personal visits. CAI CLAC is NOT a PAC (Political Action Committee) and does not give money to legislators or their

campaigns. CLAC operates solely from contributions made by California members of CAI and other donations. For more information about the Committee and how to donate, please go to www.caiclac.com or contact our Chapter Office at 818-500-8636.

March/April 2016 | www.cai-glac.org

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THE IMPORTANCE OF EFFECTIVE COMMUNICATION DURING A CONSTRUCTION DEFECT CLAIM

E

ffective communication within a homeowners association is always important. However, during a construction defect action by an association, communication and cooperation among the board, community association manager, and the construction defect attorney become essential.  By Ritchie Lipson, Esq.

A construction defect action by a homeowners association usually begins with a Notice of Commencement of Legal Proceedings under the Calderon Act (Civil Code § 6000 et seq.). However, before the attorney may prepare such notice, the attorney must investigate the defects in the community and discuss the identified defects with the board and the community manager. This conversation is the key to defining the scope of the action desired by the association. Sometimes, associations are concerned only about a few key issues. Other times, the association has a plethora of concerns about the construction of their community and wish to pursue all issues completely. The attorney, board members, and manager should discuss these issues and the scope before the attorney prepares and serves the requisite notice on the builder. After the Notice is served, California provides for a 180-day period for the builder to investigate the claimed defects and for the parties to mediate the dispute. During this time period, the builder will generally want to visually inspect and photograph the claimed defects. Seeing unknown people walking

THE ESSENTIALS OF

community association volunteer leadership

Community Association Homeowners And Board Members! CAI’s educational workshop, The Essentials of Community Association Volunteer Leadership, provides the perfect opportunity for board members and homeowners living in community associations to learn essential, relevant, and timely information that an help you lead your communities to harmony and prosperity.

COURSE TOPICS INCLUDE: ● Maintenance

● Rules

● Finance

● Reserve Funds

● Meetings

You’ll leave the eight-hour Saturday workshop with new ideas, solutions to problems, handouts for future reference, and the knowledge that there are resources and people to help you with your leadership responsibilities.

UPCOMING DATES Visit www.cai-glac.org for details and registration

26

April 16, 2016 – Downtown Los Angeles July 16, 2016 – Marina del Rey

www.cai-glac.org | March/April 2016

Approved by the Bureau of Real Estate as a proper use of association funds.

CAI-Greater Los Angeles Chapter

through the community and photographing various areas can be alarming for some residents. Thus, the construction defect attorney will develop an inspection schedule for the community and send out a representative from the attorney’s office to guide and monitor the investigators. The attorney will share the schedule with the board and manager who can provide feedback on the schedule and share the schedule with any concerned residents. Good communication with the manager, board and members is essential at this point. After the inspections, the builder’s attorney may provide some feedback on the inspections to the association’s attorney and how the builder views the case. The association’s attorney will then share this information privately with the board and manager to develop the best strategy for addressing the defects at the mediation. The Calderon mediation generally occurs near the end of the 180-day window, after the parties have completed some inspections and consulted with experts. Although not required, board members may attend the mediation as the association’s elected representatives. At the mediation, the construction defect attorney will provide periodic updates to the board members as to the status and progress of negotiations as advised by the mediator. If the mediation is successful, the attorney will provide an update and recommendation to the board for settlement and will provide any further information or answers to questions

that board members may have. If the mediation is not successful, the attorney will provide a recommendation on how to proceed, including by filing an action in superior court. Again, effective and proactive communications between the attorney and the association client is crucial at this point in the claim. Throughout this process, the construction defect attorney, board members and community manager must remain in regular, consistent communication to best facilitate the association’s construction defect action on behalf of all members of the community. The diligent attorney will use a combination of methods to keep the board and manager informed and will develop the communications plan at the beginning of the legal relationship. Common methods are weekly or monthly updates sent via email to the board members and manager, regular attendance at board meetings (both in Executive and Regular sessions as appropriate), and frequent written updates suitable for sharing with all members during key periods in the process. Ritchie Lipson, Esq. is Senior Counsel and leads the Kasdan LippSmith Weber Turner LLP business development efforts in Southern California. Ritchie can be reached at rlipson@kasdancdlaw.com.

pick the right tools for your next project. With community association lending expertise like ours, you’ll get the job done right.

take that to the bank. Lisa Ann Rea VP/Regional Account Executive 805-907-8452 Toll Free 866-800-4656, ext. 7500 lisa.rea@mutualofomahabank.com

mutualofomahabank.com AFN46039_0913

CAI-Greater Los Angeles Chapter

Member FDIC Equal Housing Lender

March/April 2016 | www.cai-glac.org

EQUAL HOUSING

LENDER

27

CAI-GLAC Members & Friends Volunteer at L.A. Food Bank

28

www.cai-glac.org | March/April 2016

On March 12 Chapter members and friends volunteered their time to pack food at the Los Angeles Regional Food Bank in downtown Los Angeles. That day the Food Bank packed 27,500 pounds of food—enough to feed 80,000 people! Our chapter is committed to giving back to our communities in Los Angeles County. The CAI-GLAC Community Outreach Committee plans at least one community outreach event per quarter. Other charities we will be supporting this year include Heal the Bay Beach Cleanup (April 16), Happy Hats for Kids (September/October) and Spark of Love Toy Drive (November/December). We encourage you join us at these events—the satisfaction of helping others is tremendous. Visit our Website at www.cai-glac.org to learn more about these upcoming activities. If you would like to join the Community Outreach Committee, please contact Committee Chair Meigan Everett at meverett@gcppros.com.

CAI-Greater Los Angeles Chapter

Join Us!

HEAL THE BAY Nothin’ but Beach Cleanup Day Saturday, April 16 10 AM to 12 PM

The event will take place on the North side of the Santa Monica Pier. Look for the CAI tent near registration. Cleanup materials will be provided. However, you do get extra credit if you bring a recyclable bag and also your own gloves. This is a rain or shine event! Registration is required and a waiver must be signed. Under 13 permitted with adult. Please sign up at www.cai-glac.org.

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Contact our Southern California Commercial Relationship Officer today! Larry Hooper, Vice President (714) 864-5171 Toll Free: 800-233-7164 LHooper@bpop.com www.associationbankers.com

©2013 Banco Popular North America. Member FDIC.

CAI-Greater Los Angeles Chapter

March/April 2016 | www.cai-glac.org

29

WELCOME

NEW CAI-GLAC MEMBERS! AS OF MARCH 15, 2016

BUSINESS PROFESSIONALS Applied Reserve Analysis BPR, Inc. Michael D. Riviere Insurance, Inc. NOVA Contractors, Inc. See Spot Go! Window Cleaning

RECRUITER CAI National CAI National CAI National CAI National Lynelle Glysson

COMMUNITY ASSOCIATIONS Solera at Kern Canyon HOA

Jeff Hayward

COMMUNITY MANAGERS Brenda Coracero UNYGLOBE Management Jasmine Garcia Community Association Specialists Inc. Sherri Giles Village Green Owners Association Curtis Kalleward Cove Community Association. Eron Kaylor, CCAM®, CMCA® Seabreeze Management Company, Inc. AAMC

Jermaine Bowen, CMCA®, AMS®, MBA Connie Vohden, CMCA®, AMS®, PCAM® CAI National Jennifer Brunston, CCAM®

Angel Melgar HOA Organizers, Inc. Antonio Neto Tara Hill HOA Christopher O’Dell Leslie Orduno HOA Organizers, Inc. Kelly Rupp New Horizons South Bay Association Erik Strom The Management Emporium Laura Tencati FirstService Residential Elaine Van Derwilt Encino Oaks HOA COMMUNITY ASSOCIATION LEADERS Vesta Budhu Cruz Lopez

Neda Nehouray, CMCA®, AMS® CAI National CAI National Neda Nehouray, CMCA®, AMS® CAI National CAI National Sascha Macias, CMCA®, AMS® Diane Hilliard, CCAM®, CMCA®, AMS®, PCAM® CAI National CAI National

CAI National

OF NOTE Corrections to 2016 Membership Directory Our sincerest apologies for these errors. Page 38 Under EGL Properties, please delete the incorrect cell phone number. Pages 8 & 52 Donald Campbell Correct phone: 818-504-9600 Page 198 Universal Protection Service Correct phone: 714-619-9700

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www.cai-glac.org | March/April 2016

CAI-Greater Los Angeles Chapter

OUR THANKS TO RENEWING MEMBERS! AS OF FEBRUARY 29, 2016

BUSINESS PROFESSIONALS Adco Roofing & Waterproofing Advanced Painting Contractors Company, Inc. Alliance Association Bank AMS Construction Group, Inc. Animal & Insect Pest Management, Inc. Behr Paint Corporation BELFOR Property Restoration Brian Berce Insurance Agency, Inc. California HOA Collection Services CBI-Collins Builders, Inc. Centurion Group Debra L. Sheppard & Associates, A PLC Domine Adams, LLP Elliot Katzovitz Insurance Agency, Inc, EmpireWorks Reconstruction & Painting FRESHCO Painters, Inc. HAR-BRO, Inc. HCI Systems, Inc. Kasdan Weber Turner LLP Landscape Development, Inc. Law Offices of Daniel B. Spitzer Levitt Group Architects Marina Landscape, Inc. McDonnell Roofing, Inc. Milstein Adelman, LLP Mink Condo Management & Consulting OCBS, Inc. Pacific Utility Audit, Inc. Pacific Vista Landscape Services, Inc. Paint Squad, LLC PCW Contracting Services Personal Touch Cleaning & Maintenance, Inc. Platinum Security, Inc. Revo Payments SAX Insurance Agency Smokefree Apartment House Registry Steve Little – State Farm Insurance Steven G. Segal Insurance Agency, Inc. SwedelsonGottlieb Three Phase Electric Timothy Cline Insurance Agency, Inc. Western Magnesite

CAI-Greater Los Angeles Chapter

COMMUNITY ASSOCIATIONS Azzurra HOA Bordeaux HOA Castlegate HOA Encino Oaks HOA Marina City Club COA Mariners Park Village HOA Mira Verde HOA Montecito Homes HOA Rockpointe HOA Westmont North HOA COMMUNITY MANAGEMENT COMPANIES Accell Property Management, Inc. AAMC Bella Vista Property Management, Inc. Community Property Management Concept Seven, LLC HOA Organizers, Inc. J & N Realty, Inc. Miller & Desatnik Management Co. National Property Management Group, Inc. ONIT Property Management Safeguard Equities, Inc. COMMUNITY MANAGERS Laura Aguilar, CMCA® Beven & Brock James Beard, CMCA®, AMS® Valencia Management Group AAMC® Donald Campbell, CMCA®, AMS®, PCAM® Cabrini Villas HOA Danielle Carbajal, CCAM®, CMCA®, AMS® Prellis Management Mary Carpenter Park Wellington OA Robin Choppe HOA Management of Santa Clarita Matt Davidson, CCAM® Action Property Management Vicki Egan Seco Canyon HOA Helen Essayan-Cook HOA Organizers, Inc. Carmen Harper SK Management, LLC Eduardo James Galaxy HOA Jessica Koval Sandra Levinson, CMCA®, AMS®, PCAM® The Colony at Westwood Condo Assn.

Vicki Egan Seco Canyon HOA Jacklyn Lehrbass Ross Morgan & Company, Inc. AAMC Gregg Lotane, CCAM®, PCAM® The Wilshire Victor Mariscal The Californian on Wilshire HOA Fernando Morales, CMCA®, AMS® Sea Colony HOA II Robert Morando The Californian on Wilshire HOA Vivian Meyers, CMCA®, MBA Coro Community Management & Consulting. Peggy O’Donoghue, CMCA®, AMS® Valencia Management Group AAMC Allan Schein, CMCA®, AMS®, PCAM® Accell Property Management, Inc. AAMC Bonnie Sharp Stoeppelman, CCAM® Sharp HOA Management

Michael Sukey, CMCA®, AMS® Christine Taylor HOA Organizers, Inc. Eric Teves, CCAM® The Remington Christine Vanderbeck-Alfieri, CCAM® Azzurra HOA COMMUNITY ASSOCIATION LEADERS Alan Balch Tecumseh Coleman Joseph Fabricatore Larry Leonard

LOS ANGELES COUNTY

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Reserve Studies Prepared Nationwide! • • • • • •

Credentialed Reserve Specialists (RS) Online Posting of Reports Free Funding Analysis Software Full Color Photographic Inventory Video Explanation of Results Free preparation of California Disclosure Form 5700

For more information, samples or a free bid contact us at

www.reservestudy.com 800-733-1365

March/April 2016 | www.cai-glac.org

31

ADVERTISERS INDEX 21 Alliance Association Bank

29 Popular Association Banking

2016 CALENDAR OF EVENTS

34 Animal & Insect Pest Management Inc.

27 Preferred Commercial Painting, Inc.

APRIL

31 Association Reserves, Inc.

15 R.W. Stein Painting, Inc. 3 Reserve Studies Inc.

05 Ask an Expert Breakfast – 8:30 a.m. Bel Air Crest Master Association, Los Angeles

9 Bentley Community Management

07 Westside Homeowners Association Marketplace – 5:30 p.m. DoubleTree by Hilton Torrance-South Bay, 21333 Hawthorne Blvd., Torrance, CA 90503

19 Sandra Macdonald Insurance

6 Farmers Insurance Group – Steven G. Segal Insurance Agency, Inc.

11 Sky Painting

7 Select Painting & Construction

08 CMCA Study Session – 8:00 a.m. Rockpointe HOA, 22350 Devonshire St., Chatsworth, CA 91311

21 Ferris Painting, Inc.

22 SwedelsonGottlieb

16 Essentials of Community Leadership Workshop – 8:15 a.m. Bunker Hill Tower Condo Assn., 800 W. 1st Street, Los Angeles, CA 90012

27 Mutual of Omaha Bank/ CondoCerts

28 Timothy Cline Insurance Agency, Inc.

17-18 Legislative Day at the Capitol Hyatt Regency, Sacramento

14 NPG–Nelson Paving

23 Union Bank HOA Services

32 Poindexter & Company, CPAs

30 Witkin & Neal, Inc.

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

29 Pacific Utility Audit

Los Angeles Athletic Club, 431 W. 7th Street, Los Angeles, 90014

26 Westside Evening Educational Program – 7:00 p.m. Location TBD 29 Chapter Board of Directors Meeting – 8:30 a.m. Chapter Office, Glendale

MAY 4-7

CAI National Conference Rosen Shingle Creek Hotel, 9939 Universal Blvd., Orlando, FL 32819

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.

10 San Gabriel Valley Educational Program for HOA Boards – 6:00 p.m. Pasadena Senior Center, 85 E. Holly Street, Pasadena, CA 91103

Ad Size

Ad Dimensions

Members

Non-Members

16 Annual Golf Tournament – 8:30 a.m. TPC Valencia, 26550 Heritage View Lane, Valencia, CA 91381

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

20 California Common Interest Development 8-Hour Law Course – 8:00 a.m. The Wilshire, 10580, Wilshire Blvd., Los Angeles, CA 90024

25 Culver City Luncheon Program for HOA Boards and Managers – 11:30 a.m. DoubleTree by Hilton Westside, 6161 W. Centinela Blvd., Culver City

27 Chapter Board of Directors Meeting – 8:30 a.m. Chapter Office, Glendale

JUNE 07 Westside Evening Educational Program – 7:00 p.m. Regatta Seaside HOA, 13600 Marina Pointe Drive, Marina del Rey, CA 90292

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.

09 San Fernando Valley Homeowners Association Marketplace – 5:30 p.m. Hilton Woodland Hills, 6360 Canoga Ave., Woodland Hills, CA 91367

15 Culver City Luncheon Program for HOA Boards and Managers – 11:30 a.m. DoubleTree by Hilton Westside, 6161 W. Centinela Blvd., Culver City

17 Chapter Board of Directors Meeting – 8:30 a.m. Chapter Office, Glendale

16 Essentials of Community Leadership Workshop – 8:15 a.m. Regatta Seaside HOA, 13600 Marina Pointe Drive, Marina del Rey, CA 90292

21 Managers Only Breakfast Workshop – 8:30 a.m. The Century Property Owners Association, One West Century Dr., Los Angeles, CA 90024

23-24 M-206 PMDP Course Sheraton Gateway, Los Angeles

32

www.cai-glac.org | March/April 2016

CAI-Greater Los Angeles Chapter

THE GREAT ESCAPE Three Contests… Three Prizes

CAI-GLAC’s 2016 Membership Recruiter Contests Share the benefits of CAI membership with colleagues and friends during 2016 and win! GRAND PRIZE 3-Day, 2-Night Vacation Package ($1,000 Value) Member with the highest number of points as of December 31, 2016 will be awarded the Grand Prize. (Minimum 20 pts. needed to qualify.)

Los Angeles Events

RECRUITER RAFFLE Evening Out On The Town ($500 Value) All 2016 recruiters (except the Grand Prize winner) who have achieved a minimum of 10 points will go into a raffle drawing held in January 2017 (when all the 2016 results are in).

RECRUITER-OF-THE-MONTH $50 Gift Certificate The member who has recruited the most new memberships in the previous month will be recognized at the next luncheon and awarded a $50 gift certificate.

POINT SYSTEM Business Partner = 1 point (in a category already existing)

Business Partner = 2 points (in a new category)

Manager or Board Member = 2 points Management Company = 3 points RULES: • Each time you recruit a new member, you receive points toward your membership recruitment total. Points will accrue from January 1 through December 31, 2016. The more members you recruit, the more you'll increase eligibility for the Grand Prize. • To receive recruiter credit, you must alert the local CAI Chapter Office and CAI National on the printed application form submitted, or be identified through CAI National membership reports.

• Completed applications and membership dues for qualified applicants must be received at CAI between January 1, 2016 and December 31, 2016 to be counted toward the Grand Prize. • In the case of a tie, a random drawing will determine the Grand Prize winner.

CURRENT SPONSOR American Technologies, Inc.

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 2016 Condominium Bluebook Today! Price: $26.00 per copy, tax and shipping included. Order copies online at: www.cai-glac.org.

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