Focus Magazine - July/August 2017

July/August 2017

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

Keeping You Current

• Disabilities, Hoas, & The Federal Fair Housing Act OA Liability for •H Discriminatory Harassment: A Primer • I f You Scratch My Back...

Save the Date:

“An Evening in Paris” November 11

CAI-GLAC WIne TAsTInG & LIGhT MeAL

August 19, 2017 4:00 – 8:00 p.m.

Central Park Bandshell at Playa Vista 12045 Waterfront Drive • Playa Vista, CA 90094

$75 per person Casual Attire Sign up now at CAI-GLAC.org Net proceeds to benefit the California Legislative Action Committee

Current sPonsors Best of ClAss

Horizon Management Company Cordon Bleu

Steven G. Segal Insurance Agency, Inc. souvenir Photos

Pacific Western Bank

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R.E.A. Advisors ePiCureAn

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Nu Air Services, Inc.

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Fenton Grant Mayfield Kaneda & Litt, LLP

Berg Insurance Agency The Miller Law Firm Naumann Law Firm, PC ProTec Building Services

dessert

2017 BOARD OF DIRECTORS OFFICERS Joanne Peña, CMCA®, AMS®, PCAM®, President Horizon Management Company, 310-543-1995 Greg Borzilleri, President Elect PCW Contracting Services, 949-285-7802 Donald Campbell, CMCA®, AMS®, PCAM®, Vice President Cabrini Villas HOA, 818-504-9600 Sascha Macias, CMCA®, AMS®, PCAM®, Secretary FirstService Residential, 310-574-7426 Meigan Everett, PCAM®, Treasurer Gold Coast Property Pros, 424-238-2333 DIRECTORS Teresa Agnew Roseman & Associates APC, 818-380-6700 Angel Fuerte FRESHCO Painters, Inc., 626-482-2698 Jose H. Glez, CMCA®, CIRMS™ Cline Agency Insurance Brokers, 800-966-9566 Diane Hilliard, CCAM®, CMCA®, AMS®, PCAM® Ross Morgan & Company, Inc., AAMC, 818-907-6622 Neda Nehouray, CMCA®, AMS® HOA Organizers, Inc., 818-778-3331 Dick Pruess Castlegate HOA, 626-584-0000 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®

2017 COMMITTEE CHAIRS COMMUNITY OUTREACH Miranda Legaspi, MBA, Platinum Security, Inc. Angelique Madrigal, Ross Morgan & Company, Inc. AAMC EDUCATION Linda Healey, CCAM®, PCAM®, The Californian on Wilshire Gregg Lotane, CCAM-HR®, PCAM®, The Wilshire FINANCE Michael Lewis, CMCA®, AMS®, PCAM®, Concept Seven, LLC GOLF TOURNAMENT Ryan Dudasik, Whitestone Painters Katie Mokhlessin, BrightView Landscape Services HOA MARKETPLACE Alan Denison, Elements Landscape Management LEGISLATIVE SUPPORT Matthew Plaxton, Esq., Tinnelly Law Group MEDIATION SERVICES Matthew Grode, Esq., Gibbs, Giden, Locher, Turner, Senet & Wittbrodt, LLP PROGRAMS/LUNCHEONS Brian Moreno, Esq., CCAL, SwedelsonGottlieb Neda Nehouray, CMCA®, AMS®, HOA Organizers, Inc. 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 Teresa Agnew, Roseman & Associates APC Lindsay Morstad, ASR Restoration & 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 8 10 12 18 20 22 24

Disabilities, Hoas, & The Federal Fair Housing Act HOA Liability for Discriminatory Harassment: A Primer If You Scratch My Back...

It’s A Zoo Out There!

The Ups And Downs of Joint Employment News from Sacramento Electricity & Water Don't Mix Effectively Resolving Conflict In Your Community

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

NOTEWORTHY 16 Highlights from the Homeowners Association Marketplace 26 CAI Legal Forum: California Communities

FYI 29 California Common Interest Development Law Course 30 Membership News 32 2017 Upcoming Events 32 Advertisers Index 32 Advertising Information 30 2017 Recruiter Contest On the Cover

Beverly Hills Villa HOA Beverly Hills Photo Courtesy of SKY Painting

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 © 2017.

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

Stay Connected:

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

July/August 2017 | www.cai-glac.org

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S

ummer can be suffocating, and you are trying to keep cool. As always, we at FOCUS are trying to keep you current. Our version of a summer list is below.

Lisa Tashjian leads with insight into how associations handle fair housing issues. Our communities are a

Note

from the Editor’s Desk

combination of individuals with varied needs. To meet the needs of those with disabilities, it helps to understand how to approach modifications and accommodations. Lisa offers some best practices for us all to consider.

Sandra Gottlieb and Nicholas Marfori look at the basics on reducing association liability for discriminatory practices.

They provide us with a quick take on the new federal standards for handling discrimination. Inaction is no longer an option, and Sandra and Nicholas summarize HUD recommendations for ways to reduce liability.

Next, Michael Berg covers how insurance companies handle harassment claims. Directors & Officers insurance covers employment practices and discrimination, but that doesn’t mean that all representatives are protected. Read through Michael’s points to make sure you keep your community properly insured.

Janet Powers follows with important reminders about the use of assistance animals in communities. There is

always confusion about the difference between emotional support animals and service animals, and when and where those animals can provide assistance.

Janet provides helpful hints on how to minimize those challenges, and also invites us to help craft guidelines by providing feedback to our government.

Deborah Birndorf Zeiler ties together the different strands of employment practices. She briefly lays out a joint employment relationship, and then shows communities how to avoid liability. Often those suggestions come before forming a relationship with a vendor, but there are issues (like wages) that come up during a project as well.

Natalie Stewart brings us the latest from Sacramento, and not all of it is positive.

Your communities may be impacted be recent legislation on financing requirements and reforms.

Kimberly Weiss shifts the conversation toward the summer events with an article on pool safety. During a summer with soaring temperatures, it is important to keep your pool in peak condition. Recent incidents locally and nationally have reinforced the need to inspect your electrical systems to keep your communities and swimmers safe.

Matt Ober wraps up our issue with thoughts on conflict in your communities.

Disputes happen in communities, and our laws give us guidance on the process.

Often that guidance comes too late. Matt offers effective strategies on how the process, and the Board’s approach, can work to minimize and avoid disputes from erupting.

Keep safe. Keep cool. See you at the Wine Night!

Warm regards, — Matthew Gardner, Esq. Editor

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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www.cai-glac.org | July/August 2017

2017 CAI-GLAC Super Sponsors Platinum

Accurate Termite & Pest Control ALLBRIGHT 1-800-PAINTING Alliance Association Bank Critter Busters, Inc. Ferris Painting, Inc. Fireplace Solutions The Chimney Sweeper Guard-Systems, Inc. Hi Tech Painting & Decorating, Inc. Kasdan Lippsmith Weber Turner LLP Pacific Western Bank Payne Pest Management Preferred Commercial Painting, Inc. ProTec Building Services Select Painting & Construction, Inc. Sherwin-Williams Paint Silicon Beach Insurance Services Steven G. Segal Insurance Agency, Inc. Union Bank HOA Services Whitestone Painters Gold Beaumont Gitlin Tashjian Behr Paint Corporation Best Alliance Foreclosure & Lien Services Fenton, Grant, Mayfield, Kaneda & Litt, LLP McKenzie Rhody, LLP MeterNet Sub-metering & Billing Solutions Mutual of Omaha Bank/CondoCerts SKY Painting Steve Little Insurance Agency SwedelsonGottlieb Tinnelly Law Group Vista Paint Corporation Silver

American Heritage Landscape Animal & Insect Pest Management, Inc. ASR Restoration & Construction Association Reserves, Inc. Benjamin Moore & Co. BrightView Landscape Services CertaPro Painters of Pasadena CertaPro Painters of Sherman Oaks Cline Agency Insurance Brokers Dunn-Edwards Paints Fenceworks, Inc. FRESHCO Painters, Inc. General Pavement Management, Inc. Miller Law Firm NuAir Services, Inc. Park West Landscape Management Rose Paving, Inc. Reserve Studies Incorporated SAX Insurance Agency Securitas Security Services USA, Inc. WICR Inc. Decking & Waterproofing Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP

Bronze

Association Lien Services Bentley Community Management, Inc. Berding & Weil, LLP Design Build Associates Master Property Improvement Co., Inc. Oakridge Landscape Poindexter and Company, CPAs R.E.A. Advisors, Inc. We thank our 2017 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

W

ith Summer in full swing, I hope that all of you have either enjoyed a summer vacation or are looking forward to one.

In late May, my husband and I drove to Cedar City, Utah, enabling us to take in some amazing scenery along the way. The National Parks of Bryce and Zion, and the Cedar Breaks National Monument, were definitely worth the long drive, offering great hiking opportunities and breathtaking views of expansive red rock canyons and gorges, rivers and pine forests. In our travels, it was hard not to notice the housing growth in the Las Vegas area and, even more so, in St. George, Utah. St. George has experienced a significant population growth over the last fifteen years, increasing the demand for new housing, and it was apparent that the vast majority of this new housing is in common interest developments. With CAI’s only Utah chapter located in Salt Lake City, 300 miles to the north,

it occurred to me that Southern Utah may need its own CAI chapter to provide education and support to the board members and managers serving all of these new communities.

Back here in California, I am still noticing the effects of our winter rains, except that now the lush green hillsides and colorful wildflowers are beginning to turn brown again, raising concerns that we will experience an especially active wildfire season. For those managers with communities surrounded by or adjacent to hillsides or any open land, brush clearance and weed abatement should be a high priority this fall.

The Wine Night Committee has found a wonderful new venue for our August 19th Uncork and Unwined event: the Central Park Bandshell at Playa Vista. For a relaxing evening, sharing food and wine with your industry friends, this is an event you don’t want to miss. And the proceeds will benefit the California Legislative Action Committee. I always look forward this event, and I hope to see you there!

— Joanne Peña , PCAM® 2017 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

July/August 2017 | www.cai-glac.org

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Disabilities, Hoas, & The Federal Fair Housing Act ¡¡¡By Lisa A. Tashjian, Esq.

T

he federal Fair Housing Act (FHA) prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status and disability. The protection from discrimination against disabled persons under the FHA requires more than not discriminating against individuals with disabilities; it affords such disabled owners and residents the right to request that housing providers (including their homeowners associations) make reasonable accommodations or allow reasonable modifications related to their disability. Under the FHA, a reasonable accommodation is a change or exception to a rule, policy, or procedure to accommodate a disabled person.

Whereas a reasonable modification is a structural change made to the premises to allow a disabled person to fully enjoy their dwelling.

The definition of “disability” for purposes of the FHA is broad. The FHA defines a disability as a “physical or mental impairment which substantially limits one or more of [a] person’s major life activities” such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, thinking, learning and working. A disability may

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include, but is not limited to, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental illness, drug addiction and alcoholism. Homeowners or residents with such disabilities may request that their association make reasonable accommodations or allow reasonable modifications in order to allow the owners or residents full access to their unit and/or the association’s common areas.

Reasonable Accommodations Disabled owners and residents may request exceptions or variances to an association’s governing documents in order to accommodate their disability to be able to enjoy their unit and the association’s common areas.

The FHA makes it unlawful for any person to refuse “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford… person(s) [with disabilities] equal opportunity to use and enjoy a dwelling.”

Continued on page 6

CAI-Greater Los Angeles Chapter

REPRESENTING HOMEOWNER ASSOCIATIONS THROUGHOUT SOUTHERN CALIFORNIA SINCE 1982:

We provide our clients with a full range of services including: • FINANCIAL MANAGEMENT • ADMINISTRATIVE MANAGEMENT • FULL SERVICE HOA MANAGEMENT As pioneers in HOA Management, we are constantly striving to provide the highest quality service to our clients while acting in the most professional and courteous manner; conducting our business with genuine care and regard for the communities we serve.

Being one of the biggest has not made us the best; being the best has made us one of the biggest!

CAI-Greater Los Angeles Chapter

July/August 2017 | www.cai-glac.org

5

Disabilities, Hoas, And The Federal Fair Housing Act

should be in writing. The Board may ask for proof of a claimed disability, if it is not apparent or known. The Board, however, cannot request medical records.

Continued from page 4

A reasonable accommodation must be granted when there is an identifiable relationship, or nexus, between the requested accommodation and the disability. Reasonable accommodations may include, a change in an assigned parking space for a disabled person or permitting a service or comfort animal in direct contravention to the association’s pet restrictions.

The intent underlying the FHA is that all homeowners and residents have equal access to housing. In order for a disabled owner or resident to have equal access, they may need to have accommodations made to certain restrictions in the association’s governing documents.

When presented with a request for an accommodation, all requests should be submitted in writing, and the requesting owner or resident should explain why the accommodation is necessary.

Boards should be prepared to respond to such requests in a timely manner or otherwise risk being found in violation of State and Federal laws. “Reasonable” generally means without undue financial and administrative burden on the association.

The Board should conduct its due diligence upon receipt of requests for accommodations, and the Board’s decision

Reasonable Modifications In addition to a reasonable accommodation, a homeowner or resident may need to make reasonable modifications to their dwelling and/or to the association’s common area for the purposes of ingress and egress to their unit. Reasonable modifications will generally include physical changes to their dwelling and/or to the association’s common areas.

The FHA makes it unlawful for any person to refuse “to permit, at the expense of the [disabled] person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises…” Similar to a reasonable accommodation request, for the purposes of a reasonable modification, an owner or resident must show that there is an identifiable nexus, between the requested modification and the disability. A reasonable modification may include widening a doorway, or installing a wheel chair ramp. A disabled owner or resident must obtain approval before making the modification. Under most associations’ governing documents, owners cannot make structural modifications to their housing or the association’s common areas without

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CAI-Greater Los Angeles Chapter

permission from the association’s Board or architectural committee. Boards should know that if a disabled owner meets the requirements under the FHA for a reasonable modification, the association cannot deny the request. The disabled homeowner or resident is solely responsible for the cost of making the modification, and the Board may require the unit or common area to be returned to its original condition when the disabled person vacates the unit.

Best Practices Regarding reasonable accommodation and reasonable modification requests: ●● Boards should adopt a protocol/procedure for reviewing reasonable accommodation and modification requests ●● Reasonable accommodation and reasonable modification communication should be in writing – DOCUMENT! ●● Although enforcement must be uniform, each accommodation and modification request must still be considered on a case-by-case basis ●● Address expeditiously. Avoid delays, which may result violation of the law ●● Consult legal counsel

CAI-Greater Los Angeles Chapter

Lisa A. Tashjian, Esq, a partner with Beaumont Gitlin Tashjian, has devoted her career to representing community associations. She is a past president of the CAIGreater Los Angeles and CAI-Channel Islands Chapters and can be reached at ltashjian@bgtlawyers.com.

July/August 2017 | www.cai-glac.org

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HOA Liability for Discriminatory Harassment: A Primer uuu By Sandra L. Gottlieb, Esq. CCAL and Nicholas Marfori, Esq.

Title VIII of the Civil Rights of 1968, also known as

the Fair Housing Act (“FHA”), is a federal law which prohibits discrimination in housing and housing-related services due to race, color, religion, sex, national origin, disability, and familial status. Because the FHA applies to entities that set terms and conditions for housing and provide services and facilities in connection with housing, it applies to HOAs and other community associations. By now, most HOAs across the country are already aware (or should be aware) that, in 2016, the U.S. Department of Housing and Urban Development (“HUD”) amended its federal housing regulations to firmly establish association liability for discriminatory conduct by its Board, directors, employees, and even by residents.

Particularly concerning to HOAs are the new regulations regarding discriminatory harassment and third-party liability, which may also be the most difficult sections to understand for Board members and management.

Quid Pro Quo and Hostile Environment Harassment Suppose that Happy Acres HOA’s on-site manager Mark has openly expressed his fondness for homeowner Helga by whistling and making cat-calls at her when she passes his office on her way to the gym. He has asked her out on dates several times, even after she declined and explained that she was married with three kids. One day, when Helga emailed Mark to request guest passes for her son’s birthday party, he responded by saying, “come see me in my office in your gym clothes and we’ll see what we can ‘work out.’”

Does Helga have a housing discrimination claim against the HOA? Is the HOA liable for its manager’s conduct?

HUD’s new rule adds 24 C.F.R. § 100.600, which formalizes an HOA’s liability for “quid pro quo” harassment and “hostile environment” harassment in the housing context. Quid pro quo (or “this for that”) harassment refers to an unwelcome request or demand to engage in conduct (due to race, color, religion, sex, national origin, disability, or familial status) where submission to the request or demand, either explicitly or implicitly, is made a condition related to the provision of services or facilities. In the HOA context, this often occurs when an HOA manager or employee requests or demands

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sexual favors from a resident in the community in exchange for his/her use of community facilities or services, as depicted in the example above, where Mark, as an agent for the HOA, requested sexual favors from Helga in exchange for the guest passes she requested.

Hostile environment harassment refers to unwelcome conduct (due to race, color, religion, sex, national origin, disability, or familial status) that is sufficiently severe or pervasive as to unreasonably interfere with the provision or enjoyment of services or facilities. This can occur when, as illustrated in the example above, a resident who is attempting to make use of an association’s services or facilities (e.g., a gym, pool), and is repeatedly subjected to cat-calls, sexual comments or other lewd conduct by an HOA employee or manager. Under the new HUD regulations, an HOA can be held liable for failing to correct the sexually harassing conduct.

Note that the actionable conduct is harassment based on sex, race, religion, and the other protected characteristics under the FHA. For instance, an HOA can be held liable where its security guard utters racial slurs at black and Hispanic residents, or where a Board member requires a Muslim condo owner to leave his backpack outside before attending the annual meeting of the members. But what if the harassing conduct is perpetrated by one resident against another? Can the HOA be held liable for neighbor-to-neighbor harassment?

Under the new amendments to the FHA the answer is yes.

Third-Party Harassment Liability: HOA Liability for Harassment by Residents, Guests, and Other Third Parties Perhaps the most consequential provision in the new regulations is the expansion of HOA liability for the discriminatory conduct of a third party, such as a resident, guest, an outside vendor, etc. Suppose that Helga, from the above example, was also being harassed by her neighbor Nate, who would often yell anti-Semitic comments to Helga and her family and draw swastikas on Helga’s car windows in the middle of the night. Helga complains to management, but the Board refuses to get involved in “neighbor-to-neighbor” disputes. Can the HOA be held liable for failing to take action against Nate?

CAI-Greater Los Angeles Chapter

Under 24 C.F.R § 100.7(iii), an HOA is “directly liable” for “[f]ailing to take prompt action to correct and end a discriminatory housing practice by a third-party, where the person knew or should have known of the discriminatory conduct and had the power to correct it.” (Emphasis added.)

In other words, an HOA can be held liable for a resident’s harassment of another resident when: 1. the harassment is based on race, color, religion, sex, national origin, disability and familial status; 2. the HOA knew or should have known of the harassment; 3. the HOA had the power to correct and end the harassment; and 4. the HOA failed to take prompt action to correct and/or end the conduct.

As applied to our example, Nate’s harassing conduct was clearly based on Helga and her family’s Jewish religion. Helga complained to management, so the HOA knew of Nate’s conduct. But does the HOA have the power to correct Nate’s conduct? As explained by HUD, “a community association generally has the power to respond to third-party harassment by imposing conditions authorized by the association’s CC&Rs or by other legal authority.” For instance, if the HOA’s CC&Rs prohibit nuisances, the HOA could have imposed violation fines against Nate for causing a nuisance to Helga and her family. By failing to do so (or failing to do anything at all), the HOA will likely be found liable for Nate’s discriminatory conduct.

is doing the harassing, that Board member must, of course, be kept out of any executive decisions relating to the harassment complaint.

In light of the potential liability and the sensitivity of the situation, if an HOA receives an allegation of discriminatory conduct, it should contact legal counsel for guidance.

Moreover, HUD recommends that HOAs do the following: ●● Educate board members, employees and managers about the FHA and the types of discrimination about which they should be aware and on the look out for; ●● Develop and publish anti-discrimination policies/ rules for the association; ●● Act promptly to address complaints from residents; ●● Mediate disputes between residents; ●● Use enforcement provisions under the CC&Rs to correct and end discriminatory conduct.

Sandra L. Gottlieb, Esq. is the managing partner and head of the transactional division of SwedelsonGottlieb, a law firm that exclusively represents homeowners associations throughout California. Nicholas Marfori, Esq. is an associate with SwedelsonGottlieb working with its association clients on transactional and litigation matters.

They can be reached at slg@sghoalaw.com and nm@sghoalaw.com, respectively.

To avoid liability, an HOA Board must take some action to address any alleged discrimination by residents or other people within its authority. If a manager or Board member receives a complaint concerning neighbor-to-neighbor discrimination, some action must be taken. However, what action is appropriate is a fact specific question. Most neighborto-neighbor disputes do not really involve “discrimination,” at least not the kind of discrimination that we usually associate with Fair Housing complaints. But determining what is or is not “discrimination” is not always that easy.

This new law makes it clear that HOAs will likely need to look closely at and take action in what appears to be a neighborto-neighbor dispute if it appears that there is some sort of discrimination involved. The failure to do this may lead to the association being named in a lawsuit, and potential liability for monetary damages.

What’s an HOA Board to do?

So, you ask, what type of corrective action is required? As stated, that depends on the circumstances. It may include verbal and/or written warnings and demands that the offensive and discriminatory conduct stop, legal action, including harassment restraining orders and/or reporting the offensive conduct to the police. Note that if a Board member CAI-Greater Los Angeles Chapter

July/August 2017 | www.cai-glac.org

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By Michael Berg, CIRMS™, CMCA® Due to recent Department of Housing and Urban Development (HUD) action, and new Fair Housing Association (FHA) regulations, the topic of quid pro quo harassment has been heating up. Now, Latin is a beautiful language, but other than an 80-year old Catholic priest, no one understands it, so let’s give that to you in English. Quid pro quo translates to “something for something.” If you do something for me, I’ll do something for you.

Most of the discussions I have been a part of recently involve the accusation of sexual advances by a community manager, or other person of authority, in exchange for some other

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 CAI-Greater Los Angeles Chapter

privilege. For example, say Mrs. Jones wants a private parking space close to her unit. She asks the manager what she would need to do, and the manager tells her, in no uncertain terms, how she might obtain approval of that request.

is not an employee of the association, the carrier will address the costs of defense. In most cases for situations like the one above, the action taken by the carrier will be to remove the Association from the complaint.

While that scenario is clearly wrong on so many levels, it is a real-world exposure. Some of you may be asking, “What’s the concern? The manager isn’t an employee of the association.

Mrs. Jones needs to take it up with the management firm.”

“What if the board chooses not to act? Will the insurance company still cover the cost of defense?” This is where we get into the dangerous territory of guaranteeing coverage, so I’m not going near this one. What I can say is that any accusation of liability should be followed by a discussion with legal counsel. Insurance companies are interested in, and comforted by, the prudent actions of their insureds.

A true statement, but that doesn’t mean the board of directors doesn’t have a moral responsibility to do something if it becomes aware of the incident. And it certainly doesn’t mean that Mrs. Jones can’t include the Association in her lawsuit.

With any allegation of liability comes a cost of defense. The accused party (e.g. the Association) will be responsible for these costs. Enter insurance, which is a transfer of that cost from the accused party to the insurance company. Based on specific terms of the insurance contract, the insurance carrier agrees to pick up defense, court fees, judgement and/or settlement costs, so the accused doesn’t have to use their own money.

Specific to community associations, the board of directors will want to ensure that the Directors and Officers (D&O) liability insurance policy includes discrimination, harassment and employment practices liability as covered wrongful acts.

With these acts covered, even if the party committing the act

CAI-Greater Los Angeles Chapter

The majority of D&O carriers in the HOA market today include the coverage referenced, but it’s worth a call to the association’s insurance professional for confirmation. You may find that the coverage isn’t currently on the policy, but can be added. The addition may increase the cost of insurance, which should be weighed against the exposure.

Michael Berg is the CEO and President of Berg Insurance Agency, a firm that has provided Southern California community associations and managers with insurance for more than 40 years. He can be reached at michael@ berginsurance.com.

July/August 2017 | www.cai-glac.org

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It’s A Zoo Out There!

Assistance Animals and Associations

By Janet L.S. Powers, Esq. CCAL

Janet Powers, Esq., a partner of Fiore Racobs & Powers APLC recently spoke to members and industry friends about assistance animals and how the new DFEH Housing Regulations will impact your association.

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CAI-Greater Los Angeles Chapter

Process to Submit a Request for an Assistance Animal What is the process for a person with a disability to submit a request to an association for an assistance animal? The DFEH proposed regulations provide guidance for such requests.

The request does not need to be made in a particular format or manner. It may be made by the person with the disability or his/her representative and does not need to use the specific language “reasonable accommodation.”

If a disability is known or apparent, the association may not request additional information or verification of the disability, but may request information on the need for the requested accommodation. If the disability is not known or apparent, the association may request additional information and reliable verification of the disability to evaluate the need for the reasonable accommodation. An association may request reliable information that is necessary to verify that the individual has a disability, describes the needed accommodation, and shows the relationship between the disability and how the requested accommodation would enable the individual with the disability equal opportunity to use and enjoy the dwelling (e.g. the “nexus”–the relationship between the disability and the need for the assistance animal).

An association may not seek information about the particular diagnosis or medical condition, severity of the disability,

medical records, medical history, other disability or medical issues unrelated to the request or other disability/healthrelated information needed to evaluate the request for the accommodation.

Depending on the individual’s circumstances, information verifying the disability and accommodation may be provided in a variety of ways, including information from a reliable third party who is in a position to know about the disability or need for the accommodation. These people may include a Continued on page 14

Insuring Common Interest Developments Throughout The West

CAI-Greater Los Angeles Chapter

July/August 2017 | www.cai-glac.org

13

It’s A Zoo Out There! Assistance Animals and Associations Continued from page 13

medical professional, health care provider (including office of a medical practitioner or nursing registry), peer support group, non-medical service agency (including in-home supportive services), or other reliable third party who is in a position to know about the disability or need for the accommodation, such as a relative caring for the individual with the disability. (Proposed DFEH Regulations Section 11098.27) The determination of whether a third party is “reliable” must be determined on a case-by-case basis.

Any information obtained by the association cannot be shared with anyone and must be kept confidential with other persons who are not directly involved in the process or decision on accommodation, unless disclosure is required to comply with various laws.

The association must grant the accommodation if it is not a fundamental change in policies or services, or an undue burden (administrative/financial). The association may deny a request if the individual does not have a disability, or there is no disability-related need for the accommodation (no nexus).

The association cannot deny the request based on anyone’s fears or prejudices about an individual with disability, and it cannot deny the request because the accommodation or modification may be considered unfair by others. In addition, the association cannot deny the request because it may be an undue burden if extended to multiple other individuals who might request the same accommodation.

The Interactive Process The “Interactive Process” is a big part of the new proposed Regulations. The DFEH expects that the association will continue to communicate with the disabled resident throughout this process! The proposed Regulations basically require this Interactive Process at every step. If the association stops communicating, the DFEH may take the position that the association has denied the request and will not look favorably on this if a complaint is later filed with the DFEH.

“Competing” or “Dueling” Disabilities Let’s examine an example where one resident with disabilities has two furry assistance dogs that accompany the person to the clubhouse regularly. Another resident has severe allergies to dogs, which can result in life-threatening breathing situations when exposed to dog hair and dander. The DFEH position is that one disability will not be more important than another disability, and that the association should engage in the interactive process with both residents to work out a satisfactory accommodation for both.

Financial Responsibility Since most associations do not fall under the Americans With Disabilities Act (ADA) and instead are regulated by the federal Fair Housing Act and other State laws, paying the costs of the reasonable accommodation and modification to rules is the responsibility of the disabled person and not the association. This may impact the requests once the resident understands that he or she may have financial responsibility based on his/her request.

Residential Community Association Requirements v. Commercial Businesses It is important to know that associations are not like airlines, or other commercial businesses, which are regulated by the ADA. We have all seen recent media coverage of turkeys, chickens, dogs, and other animals on planes sitting on or under seats, including some reported dogs biting passengers. These “common carriers” and commercial businesses are different than associations and can impose much different

What About Reasonable Rules?

Regarding adopting reasonable rules concerning assistance animals (and other reasonable accommodations), keep in mind that assistance and service animals are not pets and most pet rules will not apply to assistance or service animals.

The association can require cleanup of waste, prohibit a nuisance, and address damage/injury caused by the assistance animal. The association cannot prohibit dangerous breeds, cannot enforce weight or size restrictions, cannot require special insurance, or prohibit multiple animals if needed to accommodate a disability.

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CAI-Greater Los Angeles Chapter

requirements on persons who request to have assistance animals fly in the cabin.

The DFEH Wants Your Feedback The DFEH has been in the process of creating and modifying new proposed Housing Regulations concerning discrimination, harassment, reasonable accommodations, and assistance animals. This is a historic “first” for the DFEH, since there have never been Housing Regulations before. The DFEH, which will be continuing the rulemaking process over the next few years on housing issues, is very interested in receiving public comments on the proposed regulations.

We encourage you to contact the DFEH and give them your input on Fair Housing matters from your perspective in the community association field. You may send your comments on the proposed Regulations or fair housing matters generally to FEHCouncil@dfeh.ca.gov.

Janet Powers, Esq. CCAL is a partner of Fiore Racobs & Powers APLC, a law firm dedicated to the representation of community associations throughout California. Janet can be reached at jpowers@fiorelaw.com.

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15

Community Associations Institute • Greater Los Angeles Chapter Presents

Around TheWorld

Homeowners Association Marketplace Thursday

~June 1~ Hilton Woodland Hills 6360 Canoga Avenue, Woodland Hills, CA 91367

M

ore than 90 HOA board members and managers attended our June 1 Homeowners Association Marketplace at the Hilton Woodland Hills. 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. During the dinner Attorneys Sandra L. Gottlieb Esq. CCAL of SwedelsonGottlieb and Lisa Tashjian, Esq. of Beaumont Gitlin Tashjian spoke about how to handle discrimination situations in HOAs to avoid liability.

We sincerely appreciate the hard work of our HOA Marketplace Committee members who put on this event: Committee Co-chairs Alan Denison (Elements Landscape Management) and David San Filippo (Critter Busters, Inc.), Jose Glez, CIRMS™, CMCA® (Cline Insurance Agency Brokers), Omar Bayter (Village Northridge HOA), Sascha Macias, CMCA®, AMS®, PCAM® (FirstService Residential), Jeremiah Masopust (Servpro of Burbank, Chatsworth, Van Nuys, Crescenta Valley & Stevenson Ranch), Lisa Ann Rea (Mutual of Omaha Bank/CondoCerts) and Michael Valenzuela (Vista Paint Corporation).

Thanks to Our Sponsors Event

ALLBRIGHT 1-800-PAINTING General Pavement Management, Inc. Master Property Improvement Company, Inc. Bar Silicon Beach Insurance Services Parking SKY Painting Show Bags Mulholland Security Centers, Inc.

ASPHALT PAVING, MAINTENANCE & SEAL COAT

General Pavement Management, Inc. ASSESSMENT RECOVERY

S.B.S. Lien Services ATTORNEYS

Beaumont Gitlin Tashjian Kasdan Lippsmith Weber Turner LLP Levin Law Group LLP Richardson Harman Ober PC Roseman & Associates APC SwedelsonGottlieb Tinnelly Law Group BANKING

Alliance Association Bank Mutual of Omaha Bank/CondoCerts Pacific Premier HOA & Property Banking CHIMNEY CLEANING

Fireplace Solutions The Chimney Sweeper CONCRETE REPAIR

BPR, Inc.

CONSTRUCTION MANAGEMENT

Design Build Associates DECKING

WICR Inc., Decking & Waterproofing FIRE & WATER CLEANUP & RESTORATION

Aeroscopic Environmental, Inc. ASR Restoration & Construction Servpro of Burbank, Chatsworth, Van Nuys, Crescenta Valley & Stevenson Ranch INSURANCE

Brian Berce Insurance Agency, Inc. Cline Agency Insurance Brokers Jackson Insurance Services SAX Insurance Agency Silicon Beach Insurance Services Steven G. Segal Insurance Agency, Inc. LANDSCAPING

Allstate Landscape Services, Inc. dba Southwest Greens American Heritage Landscape Elements Landscape Management Landscape Development, Inc. Oakridge Landscape Park West Landscape Management METERING PRODUCTS & SERVICES

MeterNet Sub-Metering and Billing Solutions PAINT SUPPLIERS

Benjamin Moore & Co. Sherwin-Williams Paint Vista Paint Corporation PAINTING CONTRACTORS

ALLBRIGHT 1-800 PAINTING CertaPro Painters of Sherman Oaks Ferris Painting, Inc. Master Property Improvement Co., Inc. Precision Painting R.W. Stein Painting, Inc. Select Painting & Construction SKY Painting Whitestone Painters PEST/TERMITE CONTROL

Accurate Termite & Pest Control Animal & Insect Pest Management, Inc. Critter Busters, Inc. Payne Pest Management RESERVE STUDIES

Association Reserves Inc. SECURITY

Guard-Systems, Inc. SECURITY CAMERAS

Mulholland Security Centers, Inc.

E

very day, community associations and management companies hire third-party contractors to clean, repair, paint, guard, patrol, landscape and monitor their communities. Does the HOA set the hours for these employees? How about the hourly rates? Does the HOA pay holiday bonuses directly to the workers? Even the slightest degree of control over a contractor’s employees can open the door to liability under a theory of joint employment.

WHAT IS JOINT EMPLOYMENT? Ordinarily, an individual is only employed by the company that hires him or her. However, courts have increasingly held that if an individual performs services as part of his or her employment under the direction or control of another company, that company can become the individual’s “joint employer.” This is alarming because once a company or association is labeled an employer under the law, it is legally

THE UPS AND DOWNS OF JOINT EMPLOYMENT

can be liable for any damages to the same extent as the guard’s primary employer; this is true even if the association was unaware of the violations.

Because joint employment can lead to considerable liability, it is essential that community associations and management companies familiarize themselves with the circumstances that create a joint employment relationship so that they can minimize their exposure.

HOW IS A JOINT EMPLOYMENT RELATIONSHIP CREATED? In 2015, the National Labor Relations Board (NLRB) determined, in a landmark case known as Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015), that two or more entities are joint employers of a single workforce if they have (1) the contractual authority to control the manner and means by which employees perform their duties and (2) the right to exercise control over employees’ work and conditions of employment. The NLRB found that the greater the company’s latitude to establish wages and hours, dictate the size of the work force, schedule shifts, approve overtime, determine seniority, assign work, hire and fire employees, provide benefits and direct work performance, the more likely that company is the work force’s employer.

This decision is notable because contrary to prior cases, associations no longer need to exercise actual control over workers to be considered an employer. Liability can now be imposed for merely possessing control over workers. As such, an association that can hire, fire, discipline, or direct an employee, even if that ability is not exercised, may now be deemed an employer.

In 2010, the California Supreme Court in Martinez v. Combs (2010) 49 Cal.4th 35, expanded the definition of joint employment even further. In that case, the Court held that an entity may be found to be a joint employer under any of the following three alternative definitions: ●● to exercise control over their wages or hours or working conditions, or ●● to suffer or permit to them to work, or ●● to engage, thereby creating a common law employment relationship.

¾¾¾ By Deborah Birndorf Zeiler, Esq. liable for employees’ conduct, working conditions, wages, benefits, and treatment. For example, if an association uses a staffing agency to obtain security guards and one of these security guards is sexually harassed, denied overtime compensation, discriminated against, or denied workers compensation benefits by the staffing agency, the association

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Id. at p. 64 (20 I 0). Note that if the employer does any of the above—it need not do all the above —then it will be deemed a joint employer.

In addition, effective January 1, 2015, businesses became directly liable to workers supplied by labor contractors (including temporary and other staffing agencies) when those labor contractors fail to correctly and completely pay wages or fail to provide workers compensation insurance coverage to their employees. Businesses using workers from labor contractors are liable to such workers for unpaid wages, even CAI-Greater Los Angeles Chapter

if they have already fully paid the labor contractor. California Labor Code as Section 2810.3.

HOW TO AVOID LIABILITY To avoid joint employer liability, associations should delegate all control over a contracted worker to the contracting company and refrain from discussing any employment-related matters with the worker.

One way to do this is to revise contracts with vendors to include the follow: ●● Identify the employer and state that there is no joint employer relationship ●● Assign control of the workers to the contractor and delineate the respective duties of each party, making sure to articulate that the employer possesses the exclusive right to hire and fire employees, train and discipline employees, supervise and direct employees, fix employees’ schedules, regulate working conditions, and establish employees’ rate of pay and method of payment ●● Establish a compensation structure based on services rendered, instead of wage rates and hours of work ●● State that the contractor shall provide all benefits to the employee ●● Require the contractor to comply with labor and employment laws and to accept liability for any labor and employment violations

●● Include an indemnification clause that compels the contractor to cover all costs and damages incurred by the association if a worker sues the association Another way for an association to shield itself from joint employer liability is to simply refrain from interfering with the employment relationship between the worker and the contractor. The association should communicate solely with the contractor and limit the communications with the on-site worker. It should not instruct or train the employees on how to perform their duties. Neither should it ask the contractor to discipline or terminate specific employees. The association should only identify performance issues so that the contractor can provide solutions.

Finally, an association can also seek to reduce the risk of joint employer liability by training its board members about the limits of their authority over contracted workers and thoroughly vetting labor contractors to ensure that they have proper safety guidelines and procedures as well as the required insurance coverage.

Deborah Birndorf Zeiler, Esq. is the principal of Birndorf Law Offices, a firm representing California employers and executive and specializing in employment counseling and litigation. She can be reached at dbirndorf@birndorflaw.com.

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19

news

from sacramento

SB721: The Potential Impact on Condominium Financing

By Natalie Stewart

R

ecently the California Legislative Action Committee asked its members to contact the State Senate Appropriations Committee to amend the language of SB 721. This bill would require all homeowners associations to immediately inspect all balconies, decks and walkways to determine if any repairs are necessary.

If it is determined that balconies are in need of maintenance, the association must act quickly to begin repairs. Emergency repairs must begin immediately, and other restorations must apply for a permit within 120 days and complete repairs 120 days from that date.

The potential consequences of this law go beyond just the monetary impact on an association. Transfer of property may be severely impacted as well. FHA- and VA-insured loans, as well as conventional loans from Fannie Mae or Freddie Mac, have guidelines that must be met. Associations that are forced to perform these expensive repairs in the timeframes suggested, will fall out of compliance, thus rendering individual units ineligible for most financing options.

HUD Certification Forms E-1 and E-2 specifically ask the following question: Is there required maintenance that has not been completed? £Yes £No (If yes, provide an explanation) Condominium associations that answer “yes” to the above question will undergo further scrutiny, and HUD will potentially ask for the following information: ■■ Explanation of the incomplete maintenance (on HOA Letterhead) ■■ Scope of work (from contractor) ■■ Proof of funds (or funding plan) to cover repairs HUD will reject communities with large-scale construction projects that indicate “construction defects” or pose a “health and safety” risk to the project, occupants and guests. These

OUR THANKS TO 2017 CAI-CLAC CONTRIBUTORS January 1 – June 30

Goal: $24,543

55%

of goal as of 6/30/17 $13,386

20

100 Marina Shores HOA 101 Ocean Condominium HOA 118 Wadsworth Ave. HOA 446 San Vicente HOA 515 San Vicente HOA 909 El Centro, Inc. 914 Lincoln Blvd. HOA 948 20th Street HOA 1050 3rd Street, Inc. 1144 Seventeenth Street HOA 1242 Berkeley Street HOA 1715 California Ave HOA 1835 7th Street HOA 2050 Artesia HOA 2641 4th Street HOA 4424 Whitsett Avenue HOA 4820 Bellflower HOA 11767 Sunset Blvd. Association 15206 Burbank Blvd. HOA Armour Lane Condominium Avis HOA Avocado Glen HOA Berkeley Townhouse HOA, Inc. Bodger Park Condominiums HOA Bougainvillea Townhomes Budlong Villas HOA, Inc. Cardiff Court HOA, Inc. Casa de Suenos CA Casa De Valley View OA, Inc. Cedar Glen HOA

www.cai-glac.org | July/August 2017

Chateau Delgany Estates COA, Inc. Culver Centrale HOA Culver City Gardens (Lincoln Archways) Design Villas HOA Eight on Twenty HOA El Segundo Peppertree HOA Florwood Estates HOA Glendon Manor HOA Gorham Park HOA Grand Kansas HOA Hermosa surf Condos, Inc. Highlands OA Hillcrest Meadows HOA, Inc. Hillcrest Rolling Hills HOA, Inc. Hopi HOA Idaho Villas HOA Irena Vista OA Kelton Arms COA Kester Villas HOA Lawford HOA (Hayvenhurst CA) Longfellow Village OA Marina Village HOA Monterey Pines HOA Oak Hill Condominium HOA Ocean West HOA Pacific Colony HOA Pacific View Condominiums HOA Park Crest HOA Polynesian OA Rancho Glen HOA

Roxbury Park COA S. Manhattan Place HOA Seascape-Redondo HOA, Inc. Silver Spur Court HOA South Bay Estates HOA South Hermosa Townhomes HOA Spencer Estates HOA Stratford-Compton Park Townhomes Textile Building OA The 555 Evergreen Street HOA The 3219 Colorado Assoc.

The Angels Landing Group 7 Fountains The Estates COA The Vista Pacifica HOA Villa Capri Townhomes HOA Villa Cordoba HOA Villa Del Sol Villas HOA Villa Serena CA, Inc. VIP Goshen Association Virgil Courts HOA Vogue Condominium Association West Wind Townhomes HOA Westside Townhouses HOA Wilshire Regent HOA Wilshire Selby Towers East CA, Inc. Windsor Estates COA Woodbury Maintenance Corp.

Yale St. HOA

CAI-Greater Los Angeles Chapter

projects will not be acceptable until the work is complete.

HUD will require proof of completion from the contractor, including photographs of completed repairs.

It is safe to say that if SB 721 passes as written, FHA Condominium Certification in the state of California will be extremely negatively impacted. Condominium associations will not be able to become FHA-Certified, and currentlyapproved projects may be withdrawn, until proof that all necessary repairs has been completed.

FHA financing is a crucial component for the stability of the condo market, including the ability to secure a HECM reverse mortgage or CALFHA loan. SB 721 could be detrimental to the ability to transfer ownership, secure financing, and the overall value of the units.

It is also probable that conventional loans and VA-insured financing would be impacted; however, the approval process for this type of lending is less stringent. SB 721 could also have a negative trickle down to these types of loans, since the overall financial solvency of condominiums is likely to be affected.

Natalie Stewart is the president of FHA Review, a thirdparty submission service that specializes in the FHA and VA Condominium Certification processes. She is also an active member of the CAI-GLAC Legislative Support Committee and can be reached at natalie@fhareview.com.

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

#ilovemyhoala Do you live in a common interest development in Los Angeles County?

We want to hear from you!

Submit a short story (about 300 words) telling us why you like your HOA and win a $50 gift card if it is chosen for publication in FOCUS Magazine.

Send it to ilovemyhoala@gmail.com.

 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.

state lawmakers, and protecting the interests of

 Depends solely on the donations of the community associations, their boards of directors and those who serve HOA members.

those living in community associations in California.

CLAC’s Mission

About the Organization

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.

dedicated to monitoring legislation, education elected

 Is a non-profit, non-partisan committee composed of two Delegates and one Liaison from each of the eight CAI California chapters.

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21

Electricity & Water

Don't Mix

During our warm weather and summer fun, it’s a good time to take a look at your POOLS. ••• By Kimberly Weiss

Recently we had a situation that reminded me of why that law was passed. It could have been a very bad situation, so I thought that I would share the learning points with you.

During our regular lighting maintenance service, we test the GFCI device that protects swimming pool users, according to the manufacturer’s recommendations. On one such occasion, we found the GFCI to be tripped and it would not reset. This indicated that either: (a) water was present in the electrical circuit and the GFCI was doing its job by cutting power to the light or (b) the GFCI device was defective. The clincher was that the pool light had not been reported as out, signifying that there was still power to the light and thus the possibility that the GFCI could be defective in addition to a leaking pool light. If that turned out to be the case, the pool water could certainly have been energized.

There are a few key points that this situation brought to mind:

A

t the risk of sounding very, very old... I remember all too clearly the pain and chaos in the early 1990’s when a young girl in Daly City was electrocuted while swimming in a public swimming pool. The result was a law that passed in 1994, requiring all public (including HOA) swimming pools to be equipped or retrofitted with a GFCI device to turn the power off to the pool light in the event that moisture were to be detected in the related circuitry.

Thousands of communities throughout California had to be retrofitted with GFCIs.

1. A pool light with a leaking seal is an urgent situation that needs to be repaired right away. Otherwise, you are depending on the GFCI, which could wear out and fail or be tampered with, to provide the only protection against electrocution to pool users. Each part of the system is a stop-gap, but it’s possible that more than one part could fail at once. Also, people know how GFCIs work and could conceivably push the button over and over to try to get the lights to stay on, inadvertently causing an electrocution to others in the pool.

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Risk Management Solutions…

Professionally it’s what we know; Personally it’s what we do!

CAI-Greater Los Angeles Chapter

2. We love our pool contractor colleagues, but consider leaving the repair of the pool electrical equipment (including the light) up to your electrical contractor.

There are so many electrical hazards surrounding the pool light that it is best to leave that to someone who specializes in electrical and the related safety issues.

3. Make sure that your lighting maintenance program includes testing the pool GFCI device once per month.

4. Each time a pool light is re-lamped, the gasket must be replaced to ensure integrity of the seal.

Recent events in Palm Springs and Palm Desert where people have been electrocuted are painful reminders that properly-maintained pool lighting and surrounding electrical equipment are critical to overall pool safety.

With these key points in mind, you will be able to help eliminate potential hazards in your community’s pool and be on your way to a safe swim season.

Pool Light Detail

Ground lug, encapsulated in potting compound — an inherent part of the ground electrode system. All metal components in the pool system are bonded together and this ground electrode is what enables the electrical safety equipment, such as the GFCI to operate. Any disjunction in the ground electrode could lead to risk of electric shock.

To GFCI, Circuit Breaker & Power Source

Kimberly Weiss is the President and CEO of Three Phase Electric, a C-10 licensed Electrical Contractor serving all of Southern California with Lighting and Electrical Services. She can be reached at kim@ HOAlighting.com.

Lens and gasket. A NEW Lens Gasket ust be installed each time the light is reassembled.

CAI-Greater Los Angeles Chapter

July/August 2017 | www.cai-glac.org

23

EFFECTIVELY RESOLVING CONFLICT IN YOUR COMMUNITY

Navigating Through Your Association’s Dispute Resolution Procedure ■ ■ ■ By Matt D. Ober, Esq., CCAL

I

t should come as no surprise that when people of divergent social, political or cultural backgrounds live within reasonably close proximity, and share common property rights and obligations, you will have conflict. Throw in an extensive set of rules and regulations, and a complex body of Civil Code provisions, all of which are enforced by fellow owners, and you have a breeding ground for emotionally charged disputes between community members.

Resolving disputes in your community association, however, doesn’t have to be acrimonious. With a well-defined dispute resolution procedure in place, coupled with a consistent approach to rule enforcement, and a desire to govern with fairness and objectivity, you can achieve greater communitywide acceptance of and compliance with the rules governing your association.

received written notice of the hearing, including the nature of the violation, and is to be given an opportunity to address the board at the disciplinary hearing. This is the first step of the dispute resolution process.

Because the written notice of violation is a condition to imposing discipline on a member, the notice should be specific about the violation committed. Moreover, the notice should describe: 1) what the member must do to correct the violation; 2) invite the member to a hearing before the board if the violation is not corrected; 3) encourage the owner to correct the violation before the hearing; and 4) warn the owner of the consequences of noncompliance, including the imposition of fines. The board should approach the hearing not with a predetermined decision but as a fact finder, prepared to listen to the owner and render a fair and impartial decision based upon the information presented at the hearing.

Over the past few years, our legislature has enacted statutory procedures intended to steer associations into resolving disputes before resorting to litigation. When employed consistently, these dispute resolution procedures may help to prevent a rule violation from developing into deep rooted community-wide dissension or worse yet, escalating into costly, time-consuming litigation.

Internal Dispute Resolution (“IDR”) is set forth in Civil Code Section 5900 – 5920. At the outset, the IDR statute forces associations to focus on dispute resolution by requiring that it adopt “fair, reasonable and expeditious” procedures for resolving disputes. If IDR results in a resolution of the dispute, it binds the parties and is judicially enforceable provided certain statutory requirements are met.

Effective dispute resolution begins with your governing documents. If use restrictions are vague or not clearly defined, they cannot be effectively enforced; if community rules are not reasonable or understandable, residents will ignore or reject them outright. Thus, it is critical to an effective dispute resolution philosophy that the governing documents be fair, reasonable, relevant and understandable.

IDR provides an additional layer of dispute resolution that is available to resolve a broad spectrum of community association disputes. While IDR was initially viewed by many as yet another statutory impediment to swift and effective enforcement, over time, boards have come to embrace the opportunity to sit down with their neighbors, one- on-one, and attempt to resolve their differences quickly, effectively, and without cost to either party. When the violation has not been corrected following the disciplinary hearing, or if an owner contests the violation imposed, the association is faced with the choice of whether to file suit to compel an owner’s compliance. Internal Dispute Resolution provides a second phase of community association dispute resolution before proceeding to Court.

Equally important is how the rules and use restrictions are communicated to the owners. The fact that an association’s governing documents are to be provided to every owner at the time of purchase won’t help build universal acceptance of and compliance with the community’s rules and restrictions.

Communication is particularly important to a greater understanding of the rules and their application to the community.

Use news-letters or periodic notices to the community residents to remind them of particular use restrictions or rules. For example, a notice about removing holiday decorations at the beginning of the holiday season, or a newsletter column outlining the pool rules at the start of the summer season, would improve awareness of and compliance with the rules.

Underlying any dispute resolution procedure is due process.

If it isn’t mandated by your CC&Rs, Civil Code Section 5855 requires that whenever a board is to meet to consider and impose discipline on a member, the member must have

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www.cai-glac.org | July/August 2017

If informal methods of dispute resolution fail to resolve the matter, Alternative Dispute Resolution (“ADR”) contained in Civil Code Sections 5925-5965 is available. ADR may be used at any time and can take the form of mediation or arbitration.

ADR is particularly effective when the parties desire to resolve their dispute but feel a neutral third party is necessary to assist in bringing about a resolution.

ADR also is prerequisite for proceeding with litigation. The statute requires that before owners or an association files a lawsuit for certain types of claims, the parties “endeavor” CAI-Greater Los Angeles Chapter

to submit their dispute to ADR. The ADR statute applies to lawsuits for declaratory and injunctive relief alone, or in connection with certain monetary claims. A significant drawback to ADR is that the parties share the cost of the ADR procedure which can be significant.

Like IDR, ADR must be initiated in writing. The initiating party must serve a Request for Resolution on the other party to the dispute. The Request must include 1) a description of the dispute; 2) a request for ADR; 3) notice to respond to the Request within thirty (30) days or is deemed rejected and; 4) a copy of the actual ADR statute.

O

f course, before having to resort to association rule enforcement or disciplinary procedures, your association has an opportunity to reduce the tensions that lead to heated homeowner disputes. Review your community’s rules and regulations for relevance, clarity and fairness. Look for areas appropriate for revision. Enforcing poorly drafted or obsolete rules make rule enforcement disputes more difficult to resolve. Look for rules that no longer apply to your community, that need to be revised to reflect a change in community interests or values, or rules that are impractical to enforce (such as pet weight limits). These are emotionally charged areas ripe for dispute.

Involve a committee of community members in redrafting rules to make them more understandable and more accepted

by the community. Community members are more apt to comply with rules they have had input in.

Finally, the way in which associations conduct rule enforcement hearings can be the difference between a dispute that is effectively resolved in the short term and one that escalates beyond the point of no return. Hearings should be conducted with fairness and objectivity. Owners called to hearings should feel comfortable to express their position without prejudgment. And the outcome of the hearing should be determined only after evaluation of all facts and circumstances presented, and following reasonable and impartial deliberation.

The board should lead by example and set the tone in the community for treating all parties to a dispute with dignity and respect. And when it has been determined that a rule has been violated, the board must act with firm conviction in imposing discipline designed not so much to punish but rather to encourage compliance and to set precedent for handling future rule compliance disputes with other homeowners.

Matt D. Ober, Esq, CCAL. is a Senior Partner of Richardson Harman Ober PC, representing community associations throughout Southern California with offices in Costa Mesa, Pasadena, and Riverside. He can be reached at mober@ rhopc.com.

17315 Studebaker Rd., Suite 213 Cerritos, California 90703 800.485.8056Fax 800.485.8057 www.ReserveStudiesInc.com

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25

Oct. 20, 2017 | Universal City, CA

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Critical updates on important legal requirements that impact how you work.

Essential information on key legal developments that impact where you live.

For event details and registration, visit www.caionline.org/events/CALaw or call CAI Member Services at (888) 224-4321 (M–F, 9 a.m.–6 p.m. ET).

CAI Legal Forum: California Communities EVENT SPONSORS EVENT

Name Badge Sponsor

Tote Bag Sponsor Associa

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www.cai-glac.org | July/August 2017

CURRENT EXHIBITORS Adams Stirling Professional Law Corporation Alliance Association Bank Alliance Environmental Group, Inc. Allied Trustee Services AMS Paving, Inc. Animal Pest Management Services, Inc. Association Reserves Association Services Network BPR, Inc. Beaumont Gitlin Tashjian BEHR & KILZ Paints & Primers Ben’s Asphalt, Inc. Berding & Weil, LLP Burdman & Ward City National Bank Cline Agency Insurance Brokers Comet Lighting & Electric, Inc. Design Build Associates Diversified Asphalt Products, Inc. Elliot Katzovitz Insurance Agency, Inc. FHA Review Fenton, Grant, Mayfield, Kaneda & Litt, LLP Fiore, Racobs & Powers APLC

First Foundation Bank Gothic Grounds Management LaBarre/Oksnee Insurance Agency, Inc. McKenzie Rhody, LLP MeterNet Sub-Metering & Billing Solutions Mutual of Omaha Bank/CondoCerts The Naumann Law Firm Nautilus General Contractors, Inc. Newman & Associates, Inc. CPA Pacific Premier Bank Richardson Harman Ober PC Roseman & Associates, APC S.B.S. Lien Services Silldorf Law, LLP Silicon Beach Insurance Services SwedelsonGottlieb Three Phase Electric Tinnelly Law Group Union Bank Homeowners Association Services W.C. Service Company, Inc. Westcoat Specialty Coating Systems Witkin & Neal, Inc.

CAI-Greater Los Angeles Chapter

Fast Facts

Location Sheraton Universal Hotel 333 Universal Hollywood Drive • Universal City, CA 91608 (818) 980-1212 Please ask for the CAI Legal Forum group rate of $225/night when reserving your room. The group rate will be available until September 30th or until the room block is sold out, whichever comes first. Reservations may be made online at https://www.starwoodmeeting.com/Book/2J15AA. Cost CAI Members $135 | R egister on or before Sept. 30 ($110 per third and subsequent registrants from same organization) $155 | Register after Sept. 30 ($130 per third and subsequent registrants from same organization) Nonmembers $175 | Register on or before Sept. 30 $195 | Register after Sept. 30 Event Schedule Thursday, Oct. 19–OPTIONAL PRE-FORUM SESSIONS 8:00 a.m.–5:00 p.m. California Common-Interest Development (CID) Law Course 1:00 p.m. –3:00 p.m. Educated Business Partners Prep Course 6:00 p.m. – 9:00 p.m. California Legislative Action Committee (CLAC) Benefit Fundraiser Friday, Oct. 20 8:00 – 10:00 a.m. Registration, Breakfast and Trade Show General Session: Legislative Trends 8:30 – 9:15 a.m.

Concurrent Sessions 10:15 –11:15 a.m.

11:30 a.m. – 12:30 p.m. Concurrent Sessions Luncheon and Trade Show 12:30 – 2:00 p.m.

Concurrent Sessions 2:15 – 3:15 p.m.

Concurrent Sessions 3:30 – 4:30 p.m.

Cocktail Reception 4:30 – 6:00 p.m.

Education Programs ● Crazy California Cases Join this interactive presentation for a fun and entertaining look at some of the strange and crazy community association cases decided by the California court system. Listen to open discussion about the cases, and laugh and learn from the mistakes of others.

Roger Grant, esq., Fenton Grant Mayfield Kaneda & Litt, llp; Robin Romo, cmca®, ams®, pcam®, CitiScape Property Management Group, llc

● Recreational Marijuana Use: New Laws and HOA Issues Recreational marijuana use is one of the most controversial issues for community associations, managers, and management companies, especially with the constant changes in the law regarding medical and recreational purposes.

Learn the basics of federal and state marijuana laws and find out how to handle issues involving use of marijuana in the communities you manage.

Richard Salpietra, esq.,* Law Offices of Richard Salpietra; Jon H. Epsten, esq.,* Epsten Grinnell & Howell, apc

● Are Your Governing Documents Outdated?

Is your community association struggling with outdated legal documents? Do they conflict with the Civil Code of California and Corporations Code? Do your boards waste hours trying to figure out whether the association or homeowners are responsible for certain obligations? Learn about the importance of maintaining updated documents, the difference between amending and restating your documents, and which membership requirements allow for successful document approval.

Sandra Gottlieb, esq.,* SwedelsonGottlieb; Karen Holthe, cmca®, ams®, Cardinal Property Management, aamc

● Nightmare on Wisteria Lane Join a hair-raising discussion of the spooky, startling, and strange tales of life (and death) in common-interest developments. Hear macabre stories stolen from the headlines (and the speakers’ experiences) and learn about common difficult issues faced by managers, including host-liquor liability; how to exercise right of entry; procedures to seek reimbursement for common area damages; enforcement of use restrictions, including nuisance and commercial operations; and reduction of liability for holiday events.

Denise Iger, esq., Iger Wankel & Bonkowski, llp; Robert DeNichilo, esq., Nordberg | DeNichilo, llp

● Getting the “Yes” Vote: A Case Study in Success!

Ocean Hills Country Club, a master association with 1,632 homes, obtained enough votes to approve their restated CC&Rs and bylaws in just three months! This case study explores the techniques used to gain membership participation and approval. Learn how to assemble the right team, find out how overcoming past challenges leads to future success, and the importance of member involvement. *CCAL member

CAI-Greater Los Angeles Chapter

Continued on page 28

July/August 2017 | www.cai-glac.org

27

CAI Legal Forum: California Communities Continued from page 27

The outstanding effort made by this community to educate, communicate, and respond to their members is an example for every association!

Laurie S. Poole, esq.,* Peters & Freedman, llp; Becky Groenewold, ams®, pcam®, Keystone Pacific Property Management, llc, aamc; Don Lopez, Ocean Hills Country Club

● Eleven Years after SB 61: 11 Advanced Voting and Elections Issues In 2006, the law regarding how elections and many member votes are conducted in associations changed. Even though we’ve been utilizing the “dual envelope secret ballot” system for 11 years, we still field questions about elections almost daily. Learn about 11 advanced issues and the ways that the issues could be addressed by election rules and amendments to bylaws.

Kelly G. Richardson, esq.,* Richardson Harmon Ober, pc; Amy Tinetti, esq., Hughes Gill Cochrane Tinetti, pc

● How to Survive Getting Sued: A Manager’s Guide to Protecting the Association, Board, and Management Associations, board members, managers, and management companies get sued—and the actions taken in the days and weeks that follow can have a dramatic financial, contractual, and political impact on all involved. This presentation provides experienced managers with a roadmap of considerations and actions to be taken in the days and weeks following the receipt of a summons and complaint.

Shanne Ho, pcam®, ProActive Professional Management; Patrick Prendiville, cirms™, Prendiville Insurance Agency; Dirk Petchul, esq., Berding | Weil, llp

● Is Your Wish My Command? Responding to Requests In today’s information age, association members need to request and receive information instantly. Association managers and directors are challenged to discern which requests are legitimate and how best to respond to demands for information and documents. Learn how to categorize and respond to such inquiries as document requests; lender, escrow, and broker requests; requests for other information about owners; and requests for information about security concerns.

Melissa B. Ward, esq., Hughes Gill Cochrane Tinetti, pc; Laura Ravazza, cmca®, Homeowners Management Co., llc

● Liability Exposure: How Boards Stay Protected Board members in association-governed communities are responsible for maintaining, protecting, and enhancing association assets. A board’s power to act is provided inthe association’s governing documents and their decisionsare protected by the business judgment rule. Learn about board protections and review key areas where a board takes on significant liability exposure due to the most common things they don’t decide or do!

Jeffrey A. Beaumont, esq.,* Beaumont Gitlin Tashjian; Robert Nordlund, pe, rs, Association Reserves, Inc., Lights, Camera, Action: Film Licensing, Building

● Trademarks, and Intellectual Property Issues Associations are subject to legal requirements when allowing motion pictures to be shown in common area facilities, when playing music in a clubhouse or lobby, when using other business’ logos and marks in association media, and when disclosing information of third parties that is not commonly known. Learn about core and nuanced intellectual property issues that will help association board members and managers make prudent business decisions relating to the associations they govern and manage.

Alex Noland, esq.,* Noland Law PC; Tracy Neal, esq., Beaumont Gitlin Tashjian

● The NEW DFEH Regulations: How Are Associations Affected?

The California Department of Fair Employment and Housing (DFEH) is in the process of adopting fair housing regulations for the first time in California’s history. The new regulations will be a very important and critical part of the DFEH’s analysis and enforcement process for fair housing complaints and associations will be impacted greatly. Learn about the DFEH’s intentions and interpretations of the new regulations and what they mean for your community association.

Janet L.S. Powers, esq.,* Fiore, Racobs & Powers, a plc; Department of Fair Employment and Housing Representative

● Security in Associations With the general uptick in crime, owners are requesting that association boards introduce measures to help prevent or discourage crimes and protect their association. Learn about security options and discussion surrounding the topic, like the association’s role in preventing crimes; benefits and liabilities for neighborhood watch programs; the value of security cameras and common concerns; security agreements; local government policing assistance for associations; and more.

Joanne A. Peña, cmca®, ams®, pcam®, Horizon Management Company; Steve Roseman, esq., Roseman & Associates, apc

*CCAL member

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www.cai-glac.org | July/August 2017

CAI-Greater Los Angeles Chapter

CAI Presents its

CALIFORNIA COMMON INTEREST DEVELOPMENT LAW COURSE Thursday, October 19, 2017 8:00 a.m.-5:00 pm.

Sheraton Universal Hotel 333 Universal Hollywood Drive Universal City, CA 91608

WHO SHOULD ATTEND • Community Association Managers • HOA Board Members/Homeowners • Attorneys Practicing CID Law

The most comprehensive legal course available for professionals managing community associations. Participants will be provided with a comprehensive review of California and Federal laws affecting community associations, including the Davis-Stirling Act, California Corporations Code, Common Interest Law and specifics relating to common interest developments.

INSTRUCTORS

REGISTRATION C AI Member $95 CAI Nonmember $130

Lisa Tashjian, esq. is partner of the law firm Beaumont Gitlin Tashjian. She has devoted her career to representing community associations. While she provides the firm’s clients with legal advice on all areas of CID law, she focuses her practice on litigation, including dispute resolution, arbitration and trial work, and supervises the firm’s attorney-managed assessment collections department. Lisa is a past president of the Channel Islands and Greater Los Angeles Chapters and serves on the CAI-GLAC Legislative Support Committee.

Registration fee includes: Continental breakfast, lunch and a comprehensive manual to save as a valuable resource.

This course satisfies the 8-hour California Law Course requirement for California manager certification.

Matthew Gardner, esq. is a senior associate with Richardson Harman Ober PC where he has specialized in real estate law and the exclusive representation of community associations throughout Southern California for more than 15 years. Matt serves as Chair of the CAI-GLAC Publications Committee, Editor of Focus Magazine and Facilitator at Essentials of Community Leadership Workshops.

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

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CAI-Greater Los Angeles Chapter

Member FDIC Equal Housing Lender

July/August 2017 | www.cai-glac.org

EQUAL HOUSING

LENDER

29

welcome

New CAI-glac Members! as of July 15, 2017

BUSINESS PROFESSIONALS Pacific Unified Insurance Agency

RECRUITER CAI National

COMMUNITY ASSOCIATIONS Chadwick Terrace HOA

CAI National

COMMUNITY MANAGERS Julia Bitter Concept Seven, LLC AAMC Cynthia Brown Brandon Clark Partners Community Management, Inc. Brian Engel Management Professionals, Inc. AAMC Charles Gill Integrated Property Services Group, Inc. Chad Narayan National Property Management Group, Inc.

Mike Lewis, CCAM®, CMCA®, AMS®, PCAM® CAI National Pete Ong, CMCA®, AMS®, PCAM® Michael Huffman, CCAM®, CMCA®, AMS®, PCAM® CAI National Jamison Kropilak, CMCA®

THE GREAT ESCAPE Three Contests… Three Prizes

CAI-GLAC’s 2017 Membership Recruiter Contests Share the benefits of CAI membership with colleagues and friends during 2017 and win!

GRAND PRIZE 3-Day, 2-Night Vacation Package ($1,000 Value) Member with the highest number of points as of December 31, 2017 will be awarded the Grand Prize.

(Minimum 20 pts. needed to qualify.)

RECRUITER RAFFLE: Evening Out On The Town ($500 Value) All 2017 recruiters (except the Grand Prize winner) who have achieved a minimum of 10 points will go into a raffle drawing held in January 2018 (when all the 2017 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.

For rules and more information, visit www.cai-glac.org Current SponsorS Fenton Grant Mayfield Kaneda & Litt, LLP Reconstruction Experts, Inc.

30

www.cai-glac.org | July/August 2017

Tinnelly Law Group

CAI-Greater Los Angeles Chapter

Our Thanks to Renewing Members!

As of June 30, 2017

BUSINESS PROFESSIONALS Adams Stirling PLC Allied Trustee Services Allstate Landscape Services dba Southwest Green Amer-Cal Repipe and Plumbing American Heritage Landscape Antis Roofing & Waterproofing, Inc. Aqua Creations ASR Restoration & Construction Association Lien Services Best Alliance Foreclosure & Lien Services California Sub-Meters ClickPay Cline Agency Insurance Brokers Dunn-Edwards Corporation Elliot Katzovitz Insurance Agency, Inc. Emerald Elevator Consultants ePipe Restoration Gibbs Giden Locher Turner Senet & Wittbrodt LLP KC Construction Company Khatri International Inc. Law Offices of Jeanne McDonald Liftech Elevator Services, Inc. Pacific Western Bank Pilot Painting & Construction, Inc. Reserve Studies Inc. Scott Litman Insurance Agency, Inc. SKY Painting Stay Green Inc. U.S. Security Associates Union Bank HOA Services West One Emergency Services & Restoration COMMUNITY ASSOCIATIONS Briarwood HOA #2, Inc. Park Crest HOA COMMUNITY MANAGEMENT COMPANIES Beven & Brock Cardinal Property Management AAMC CT Prop Management, Inc. HOA Made Easy Management Co. McCabe Property Management, Inc. Mission Association Financial Management, Inc. Scott Management Company Valley Association Management, Inc.

CAI-Greater Los Angeles Chapter

COMMUNITY MANAGERS Christine Alfieri, CCAM® TEN50 HOA Jerson Barcelon, CMCA® Regatta Seaside HOA Kathryn Bartol, CMCA® Valencia Management Group AAMC Leonardo Beard, CMCA®, AMS® 100 South Doheny Condominium Assn.

Anda Bewhite, CCAM®, CMCA®, AMS®, PCAM® Walter Branch, CMCA®, AMS® Torrance-Windemere HOA David Bucks Valley Association Management, Inc. Lauren Cail, CMCA® Seabreeze Management Company, Inc. AAMC Barbara Carter, CCAM® Sierra Towers HOA Celena Castro SF Valley Management, Inc. Ashley Coleman PMP Management AAMC Mikaela Collerd, CMCA®, AMS® PMP Management AAMC Traci De Rago Management Professionals, Inc. Lyndsie Dellefield, CMCA®, AMS® PMP Management AAMC Karen DuBose, CMCA®, AMS® Action Property Management, Inc. Renee Espinoza Bali Management Group Jennifer Flores PMP Management AAMC Lisa Frasquillo, CCAM® HarborPlace Tower HOA Tammy Gamblin, CMCA®, AMS® Ross Morgan & Company, Inc. AAMC Norma Gonzalez, CMCA® Valencia Management Group AAMC Audrey Herman, CMCA® Ross Morgan & Company, Inc. AAMC Malik Jones PMP Management AAMC John Kelly Jenkins Properties Management Company, Inc. Diane Kennedy, CMCA®, AMS® Kennedy Real Estate Management

Lanese King Action Property Management, Inc. Jamison Kropilak, CMCA® National Property Management Group, Inc. Lorna Leviste, CCAM®, PCAM® Promenade West Owners Assn.

Erica Llanos, CMCA® Ross Morgan & Company, Inc. AAMC Dan Nakari, CCAM®, CMCA®, AMS®, PCAM® Century Park Place HOA Susy Parrott, CMCA® Horizon Management Company Jacob Parvino, CCAM®, CMCA® Bunker Hill Tower Condominium Assn.

Joanne Peña, CCAM®, CMCA®, AMS®, PCAM® Century Park Place HOA Victor Perez Highlands Owners Association Nicole Peterson, CMCA® Valencia Management Group AAMC Darcella Reeves Briarwood HOA #2, Inc. Alex Roman, AMS® Los Feliz Towers HOA Melissa Rothe, CMCA®, AMS®, PCAM® The Residences at W Hollywood Sonia Taska, CMCA® PMP Management AAMC William Thompson Trade Winds 53433 HOA Teressa Whitsitt, CMCA® Ross Morgan & Company, Inc. AAMC Nancy Yamaoka Valley Association Management, Inc. Jill Van Zeebroeck, PCAM® Malibu Management Services, LLC Lori Ziegler, PCAM® Century Woods Condominium Assn.

COMMUNITY ASSOCIATION LEADERS Craig Forry Peter Goldberg Phyllis Kramer Albert Nichols John Nicholson Meryl Schwarz

July/August 2017 | www.cai-glac.org

31

Advertisers Index 34 Animal & Insect Pest Management, Inc.

2017 CALENDAR OF EVENTS August 17-19 M-100 PMDP Course – Essentials of Community Association Management Sheraton Gateway, Los Angeles

19 Uncork and Unwined at the Bandshell – 4:00 p.m.

Central Park, Playa Vista

22 San Gabriel Valley Evening Program – 6:00 p.m.

Pasadena Senior Center, 85 E. Holly St., Pasadena, CA 91103

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

32 Poindexter & Company, CPAs

3 Association Reserves, Inc.

29 Preferred Commercial Painting, Inc.

7 Beaumont Gitlin Tashjian

23 R.W. Stein Painting, Inc.

11 Bentley Community Management

25 Reserve Studies Inc.

13 Cline Agency Insurance Brokers

22 Sandra Macdonald Insurance

7 Ferris Painting, Inc. 25 Fireplace Solutions The Chimney Sweeper 29 Mutual of Omaha Bank/ CondoCerts 9 Pacific Utility Audit

5 Ross Morgan & Company, Inc. 15 Select Painting & Construction 19 Steven G. Segal Insurance Agency, Inc. 10 Swedelson Gottlieb 12 Union Bank HOA Services 30 Witkiin & Neal, Inc.

6 Pacific Western Bank

Skirball Cultural Center, 2701 N. Sepulveda Blvd., Los Angeles, CA 90049

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

Chapter Office, Glendale

SEPTEMBER

Advertising Information Dimensions & Rates:

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

Location TBD

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

Chapter Office

27 Downtown Luncheon Program for HOA Boards and Managers & Annual Meeting – 11:30 a.m.

Millennium Biltmore Hotel, 506 S. Grand Ave., Los Angeles, CA 90071

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

The Olympic Collection, 11301 W. Olympic Blvd., Los Angeles, CA 90064

20 CAI State Legal Forum Sheraton Universal Hotel, 333 Universal Hollywood Dr., Universal City, CA 91608

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

Hyatt Regency Valencia, 24500 Town Center Drive, Valencia, CA 91355

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

Chapter Office, Glendale

32

www.cai-glac.org | July/August 2017

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.

CAI-Greater Los Angeles Chapter

Community Associations Institute-Greater Los Angeles Chapter Presents

Saturday, November 11, 2017

An Evening In Paris 6:00 p.m.

7:00 p.m.

8:00 p.m.

10:30 p.m.

Cocktails Dinner & Awards Gaming & Dancing Raffle

$125 Per person $1,250 Table of 10 To register go to www.CAI-GLAC.orG

Millennium Biltmore Hotel Los Angeles 506 S. Grand Ave. Los Angeles, CA 90071

SponSorS CorPorATe

Guard-Systems, Inc. PLAyInG CArDS

Accurate Termite & Pest Control CASIno CHIPS

ALLBRIGHT 1-800-PAINTING HAPPy Hour BAr

Securitas Security Services USA, Inc. PHoTo BooTH

ProTec Building Services DJ/enTerTAInMenT

Pacific Western Bank SPeCIAL enTerTAInMenT

WICR, Decking & Waterproofing CenTerPIeCeS

NuAir Services PArkInG

Hi-Tech Painting & Decorating, Inc. HorS D’oeuvreS

Special room rate: $169 +tax Call the Biltmore during business hours at 213.612.1575 Mention code: 1711CAI017 / Community Associations Institute (CAI) Gala

Park West Landscape Management Preferred Commercial Painting, Inc. Steven G. Segal Insurance Agency, Inc. SweeT SHoPPe

Fenton Grant Mayfield Kaneda & Litt, LLP R.E.A. Advisors JACk

Master Property Improvement Co., Inc.

CAI-GLAC

PRSRt StD U.S. Postage

PAID

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

San Bernardino, CA Permit #1

Change Service Requested

Order Your 2017 Condominium Bluebook Today!

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

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

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