Focus Magazine - May/June 2018

May/June 2018

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2018 BOARD OF DIRECTORS OFFICERS Greg Borzilleri, President PCW Contracting Services, 949-285-7802 Neda Nehouray, CMCA®, AMS®, President Elect HOA Organizers, Inc., 818-778-3331 Sascha Macias, CMCA®, AMS®, PCAM®, Vice President FirstService Residential, 310-574-7426 Teresa Agnew, Secretary Roseman Law, APC, 818-380-6700 Meigan Everett, PCAM®, Treasurer Gold Coast Property Pros, 424-238-2333 DIRECTORS Adrian Adams, Esq., PCAM® Adams Stirling PLC, 310-945-0280 Gary Burns Mulholland Heights HOA, 818-326-2000 Isaac Camacho Accurate Termite & Control, 310-837-6483 Donald Campbell, CMCA®, AMS®, PCAM® Cabrini Villas HOA, 818-504-9600 Peggy Daughtry Hermosa Surf Condominium, Inc., 310-798-9848 Angel Fuerte, FRESHCO Painters, Inc., 626-482-2698 Lisa Tashjian, Esq., Beaumont Tashjian, 866-788-9998

CHAPTER EXECUTIVE DIRECTOR Joan Urbaniak, MBA, CMCA®

2018 COMMITTEE CHAIRS BUSINESS PARTNER Gina Roldan, ProTec Building Services Michael Valenzuela, Vista Paint Corporation COMMUNITY OUTREACH Miranda Legaspi, MBA, Platinum Security, Inc. Angelique Madrigal, Ross Morgan & Company, Inc. AAMC

NEWSWORTHY 4 Workplace Bullying, Acts of Incivility and a Call to Courage!

8 Hostile Environments: How Associations Can Equip Themselves to Combat Neighbor-to-Neighbor Harassment 10 Is This the New American Reality?

12 News From Sacramento 14 Legislative Day At The Capitol 18 Committee Corner: HOA Marketplace Committee 19 Committee Corner: Legislative Support Committee 20 Sticks and Stones 26 The Board Meeting Bully 28 45th Anniversary Memories

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

NOTEWORTHY 16 Homeowners Association Marketplace

EDUCATION Cyndi Koester, CMCA®, AMS®, PCAM®, SwedelsonGottlieb

FYI

FINANCE Michael Lewis, CMCA®, AMS®, PCAM®, Concept Seven, LLC AAMC

GOLF TOURNAMENT Ryan Dudasik, Whitestone Painters Julia Gomes, Accurate Termite & Pest Control HOA MARKETPLACE Alan Denison, Elements Landscape Management David San Filippo, Critter Busters, Inc. LEGISLATIVE SUPPORT Matthew Plaxton, Esq., Tinnelly Law Group MEDIATION SERVICES Steven A. Roseman, Esq., Roseman Law, APC PROGRAMS/LUNCHEONS Brian Moreno, Esq., CCAL, SwedelsonGottlieb Neda Nehouray, CMCA®, AMS®, HOA Organizers, Inc. PUBLICATIONS Matthew Gardner, Esq., Richardson Ober PC Focus Magazine Karen Kokowicz, CCAM®, CMCA®, PCAM® Coro Communty Management & Consulting Ramona Acosta, CMCA®, AMS®, PCAM® Tinnelly Law Group Membership Directory Stephen S. Grane, Alante/MCS Insurance Services Web Site Lynne Collmann, CMCA®, AMS®, Savoy Community Association SATELLITE PROGRAMS Ann Borowski-Bitter, CMCA®, Common Interest Services, Inc. Ruth Moffitt, CMCA®, AMS®, PCAM®, Valencia Management Group AAMC® SOCIAL Alison Kronebusch, Reconstruction Experts, Inc. Erik Mendez, CMCA®, AMS®, PCAM®, ONIT Property Management, Inc.

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Membership News 2018 Upcoming Events Advertisers Index Advertising Information

Our thanks to the Focus Magazine Committee: Co-Chairs: Karen Kokowicz, CCAM®, CMCA® PCAM® Coro Community Management & Consulting Ramona Acosta, CMCA® , AMS, PCAM® Tinnelly Law Group Teresa Agnew, Roseman Law, APC Nels Atha, CMCA®, AMS®, Common Interest Services, Inc. Patricia Brum, Esq., Kulik Gottesman Siegel & Ware, LLP Sascha Macias, CMCA®, AMS®, PCAM®, FirstService Residential AAMC® Lisa Ann Rea, Mutual of Omaha Bank/CondoCerts Gina Roldan, ProTec Building Services 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 © 2018.

SOCIAL MEDIA Teresa Agnew, Roseman Law, APC Mike Perlof, Fenton Grant Mayfield Kaneda & Litt, LLP

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.

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May/June 2018 | www.cai-glac.org 1

Harassment, Bullying, Active Shooters— #hashtags, etc...

P

ick up any newspaper across the country and I am sure one of the above will be a headline. Association communities are not immune to these issues either. We often don’t talk about them enough, but as a veteran manager with over 25 years in the industry, I can tell you I have experienced my fair share of harassment.

Note

from the Editor’s Desk

What is considered harassment? There are several definitions; Merriam Webster defines it as: to create an unpleasant or hostile situation especially by uninvited and unwelcome verbal or physical conduct. The Oxford Dictionary defines it as: Aggressive pressure or intimidation.

Too often we as managers don’t know how to react to bad behavior. For the most part we are people pleasers and problem solvers, so we just ignore the bad behaviors and treatment from those we encounter; Board Members, Homeowners, Vendors. You would be surprised by the way owners and some board members treat managers and staff. I often wonder if they were calling the mortgage company or credit card company, would they be yelling and demanding their late fees be removed when they mailed it on the 15th (it was due on the 1st) like they do with us?

I highly doubt it. Yet so many of our clients feel they can treat management companies, on-site staff and service providers poorly. It is the one thing about this industry that truly drives good people out of it.

For me, the bullying, harassment and intimidation have come in many different forms over the years. For the most part, it really didn’t bother me.

If you know me, you know I am pretty tough and tend to look on the brighter side of life.

When I was an on-site manager I was harassed and physically assaulted for over two years by a tenant! My staff was also harassed by this individual.

I do not get offended easily and can hold my own; however, this individual would yell vulgarities at myself and other female staff members that are too obscene to print.

Letters and fines to the owner didn’t get the issue resolved. Police visits didn’t help. It wasn’t ‘til after this person physically assaulted me in the lobby did we have enough to warrant a lawsuit against the owner and tenant.

If you are wondering why it took so long to get this person removed from the property, it was in part due to California Penal Code 422. The threats were often too vague to be actionable. “You better watch your back” is a lot different than “I’m going to kick your *#&$ in the parking lot at 6:00 p.m.!” Although both are threats—one is not defined as “actionable.”

With new Federal Regulations, which will be highlighted in this issue, what once was brushed off now requires action. These changes in regulation were made to protect people like those in our industry. Community association management as an industry, and those who serve in it need to set boundaries, stick to them and hold those in “power” accountable, in order raise the bar. This edition has several tips to bring about the change we rightly need.

Warm regards, Karen Kokowicz, CCAM®, CMCA® PCAM®, Editor Coro Community Management & Consulting

An Invitation to Submit Letters to the Editor Focus Magazine announces the introduction of a section that will feature letters to the Editor. We invite you to share your comments on an article published in Focus. Brief letters (max. 200 words) received within 3 months of the article’s publication will be considered. We will publish the best letters in the next issue. Please include the title of the article, the issue, your name, company or HOA and telephone number (for verification, not for publication).

Please email letters to Chapter Office at glacletters@gmail.com.

Letter to the Editor

Comments on the January/February Focus issue…

Dear Karen, Just wanted to share some of my thoughts on Focus Magazine after reading the Jan/Feb 2018 issue. I particularly enjoyed the article on Association record-keeping written

by Aaron T. Schwarzkopf. I found it to be informative and useful because it was centered on a specific area of HOA management that comes up on a routine basis for me. In my opinion, the best articles in Focus are articles like this one that are especially focused and detailed in a particular subject within HOAs. It is also nice when they provide useful information or advice on how to deal with specific problems or issues. I hope that future editions have more articles like this.

Sincerely, Justin Nash, Esq. Kulik Gottesman Siegel & Ware LLP

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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CAI-Greater Los Angeles Chapter

2018 CAI-GLAC Super Sponsors Platinum

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Archon Protection, Inc. Associa-Professional Community Management Association Lien Services Berding & Weil, LLP Cline Agency Insurance Brokers Elliot Katzovitz Insurance Agency Nautilus General Contractors Oakridge Landscape PCW Contracting Services Poindexter and Company, CPAs Professional Services Construction, Inc. Sandra Macdonald Insurance Silicon Beach Insurance Services Union Bank HOA Services We thank our 2018 sponsors who have made a substantial CAI-Greater Losour Angeles contribution to ensure continuedChapter success this year.

Message

FROM THE President Live your Purpose... Then Don’t be Afraid to Celebrate It!!

We have much to be grateful about— that is for sure. Besides, the only goal that really matters is living our Mission Statement: Connecting Communities Through Education, Advocacy and Service. One of the top goals I had for the Chapter was that we do a better job of celebrating ourselves. I think it is important to be able to step back and say “Wow… look what we just did”. Our ability to share meaningful accomplishments with not just ourselves but the world is something that becomes contagious. It makes others want to be a part of the fun.

In my last message in the March/April issue of Focus I celebrated a few of the goals we had accomplished to-date.

The rate at which we are knocking out our “to-do” list is clear that we are making tremendous progress together.

I feel that there has been somewhat of a renaissance in our Chapter. Member participation and volunteerism is at an all-time high, our effect on our community is undeniable and we are paving the way for years to come.

Here are just a few more reasons to celebrate… ●● We have been recognized by CAI National to receive yet another Achievement Award at the National Conference in May for our “Find Your Own Home” education program. ●● One of our member companies Coro Community Management and Consulting received an award at our statewide Legislative Day at the Capitol for being the top contributor to the “Buck a Door” campaign in 2017 with 33 of their Associations participating in the advocacy program. ●● Our Community Outreach Committee that has not only grown from 5 members to over 20 active members serving, just completed a VERY successful donation drive in support of Single Mothers Outreach of Santa Clarita (for more information or ways to continue to help, go to singlemothersoutreach.org) Anyone notice what these three accomplishments have in common?

We are living our Mission Statement…

WE ARE LIVING OUR PURPOSE!!

That by itself is a reason to CELEBRATE!!

A huge thank you to all our members who continue to give their time so selflessly for the betterment of our communities, our industry and our Chapter. With continued support from our membership CAI-GLAC is on pace for a banner year!

Yours in Service, Greg Borzilleri PCW Contracting Services 2018 Chapter President

May/June 2018 | www.cai-glac.org 3

ORGANIZATIONAL RESPONSIBILITY Once reports surface about inappropriate behaviors, the legal departments in many organizations immediately rush to schedule a refresher course in harassment.

Some do it because there is a genuine concern for the safety and well-being of their most valuable asset: their people.

Unfortunately, many do it because they want to show the court how zealous they were in making people aware that this is not an acceptable behavior, with the goal of reducing lawsuits, if and when they come.

Workplace Bullying, Acts of Incivility and a Call to Courage! uuu By Craig Clayton

Workplace bullying is happening at rampant levels in organizations today. Bullying, acts of incivility, illegal harassment and assault are headlined in the news every day. Many of these instances are actually violations of law. When derailing behaviors occur in the workplace, do YOU find YOUR voice?

By definition, derailing behaviors are the following: ●● Behaviors, whether intentional or not, that sabotage, undermine or weaken an employee’s commitment, passion or willingness to conduct their responsibilities at their full potential. ●● Do YOU speak up when your co-worker is being treated disrespectfully?

When someone is being bullied or disrespected in the workplace, do you stand up for him/her, do you find your voice, or do you walk away?

There is a commonly-held belief, in the workplace, that if a comment isn’t specifically directed at you, then stay quiet, put your head down and do your job. When the organizational culture has become toxic, most great leaders WANT people who are willing to be disruptive thinkers, a creative source of friction and abrasion.

This HAS to become more than just an issue of fear of lawsuits or reputational capital. Best-in-class organizations are not stopping with the goal and focus of eliminating behaviors where the law has been violated. The real goal is creating respectful, inclusive workplaces, where people are not tolerant of behaviors that make people FEEL violated!

There are many examples of how derailing behaviors have resulted in people having significant health issues associated with being on the receiving end of being bullied or disrespect in the workplace. Unfortunately, as many as 80% of people in the workplace have either been on the receiving end of these behaviors or seen other people being treated in disrespectful ways.

If your goal is to be an employer of choice, then people have to “choose” to want to be a part of your organization.

Does it matter what people are saying about your organizational culture on websites like Indeed, Glassdoor, Vault, Careerbliss and more??

PERSONAL EXAMPLE I have personally been bullied in the workplace. I am 6’ 4” tall and 260 lbs., and I was bullied by a 4’ 11” woman we called the black widow because we were convinced she ate her young! Other people heard the bullying, saw it, some even came to me to try to empathize with me. I didn’t want their empathy or their compassion. I needed their voices Continued on page 6

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May/June 2018 | www.cai-glac.org 5

Workplace Bullying, Acts of Incivility and a Call to Courage!

Continued from page 5

to be heard, I needed the tools to speak my truth, despite needing my paycheck.

I thought I had no choice… but I did.

I learned that no job is worth your dignity and self-esteem. I had to get the courage to take my power back. I had gone from her targeting me to allowing myself to feel like a victim. Research shows that victimization is a CHOICE! If someone sticks a gun in your face and tells you to give them your watch or die, you have a choice. It may not be one that you like…the results of both of your choices, but you DO have a choice! You cannot control the other person’s action: sticking the gun in your face. You can control how you react or respond to the action.

Some of us express a victim mentality every weekend when we are confronted on Sunday night with the reality of getting up in eight hours to go to our job

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(if you are lucky enough to have one).

Many of us say: “I have to go to work tomorrow.” You just made a statement of victimization!

Guess what… NO, YOU DON’T have to go to work tomorrow! The reality is that choices have consequences. You don’t HAVE to go to work tomorrow, unless your wife is like mine! My wedding vows almost thirty years ago were, “I will love, honor and deposit!”

In my case, I truly HAVE to go to work in order to keep my vows!!

Getting over the victim mentality starts with taking your power back. When you see the need to get up to go to work as something you GET to do and not something you HAVE to do, it changes your outlook. The reality is that if you don’t CHOOSE to go get that check, they will hire someone else pretty quickly who wants it!

I was being bullied on a regular basis.

I had no idea how much it happens in the workplace. I thought I was doing

something to deserve being bullied.

Bullying in the workplace happens FOUR TIMES MORE than illegal harassment. Seventy-five percent (75%) of bullying in the workplace is from a boss to a direct report. The direct report is normally one of their top performers.

Bullying is more than having a tough boss or a boss having a bad day. It’s personal, it’s demeaning, it is repeated over and over… AND IT’S INTENTIONAL. How do you know if certain bullying behaviors are intentional? Easy! If the behavior would change if the bully’s boss were around, then you know its intentional!

I consulted for an organization that wanted to bring awareness to this issue and a pathway forward to create an organizational expectation of respect.

After discussing the traits that workplace bullies manifest, and sharing the tools to take your power back, one woman came to me and shared an example of how powerful the expectation of the interaction with the bully was on her.

CAI-Greater Los Angeles Chapter

She was an engineer with multiple PhDs who shared with me that her boss bullied her every day. He would find something about her appearance, her work product, the length of her break, anything he could to launch into these personal, demeaning, repeated and intentional barrages.

I’VE BEEN THERE TOO...

She said, every day, once a day she would hear his voice coming down the hall speaking to other coworkers on his way to her office, and she knew the verbal beatings were about to begin. She shared that, once a day every day, she would end up pulling her trash can out from under her desk and throwing up into it as he approached! Her co-workers knew it, yet none of them would speak up for her out of fear that they would be next. When you do NOT speak up, you are just as guilty as the bully. That’s collusion. You are being a coward.

I formerly lived in Atlanta and was a member of the Old Ebenezer Baptist Church before they built the new sanctuary. I sat there, every Sunday morning, with a reminder of the King legacy of courage in the face of adversity. There were two armed security guards sitting in the front of the sanctuary of the old church, every Sunday facing the back doors to protect the congregation. This was the regular practice because a gunman had entered in 1974 and killed Martin Luther King’s mother while she was playing the organ.

I was not a member there when this shooting happened, but that legacy was well known to our members.

When someone is being bullied and/or harassed and you see it, hear it, know it is happening, but you err on the side of safety and do not speak your truth, you are being a coward.

CAI-Greater Los Angeles Chapter

When you have those defining moments to stand and be counted… when you have to find your voice or cower and tolerate, what choice will you make?

Are you suffering from a lack of courage or character? I’ve been there.

the work I do, yet I erred to the side of caution, was a coward and did not speak up. I have spent every day since then looking for chances to find my voice and speak truth to power.

If you are NOT willing to speak up when someone else is in harm’s way, being disrespected, harassed or assaulted, you are not being tolerant.

You are being a coward.

For those who deal with bullying, the first step is to take your power back.

Remember, Dr. M. L. King said, Sometimes We Need to Straighten Our Backs Up… Because a Man Can’t Ride Your Back—Unless It’s Bent!

Craig Clayton, our April 18 Luncheon guest speaker, is an international speaker, author, consultant, TV and radio guest from Houston, Texas. He can be reached at craig@craigclayton.com.

I know the sacrifices so many others in my family had made to allow me to do

May/June 2018 | www.cai-glac.org 7

HOSTILE ENVIRONMENTS: How Associations Can Equip Themselves to Combat Neighborto-Neighbor Harassment lll

By Jeffrey A. Beaumont, Esq. CCAL & A.J. Jahanian, Esq. or demand is made a condition related to the provision of services or facilities in connection with their dwelling. “Hostile environment harassment” is unwelcome conduct (due to race, color, religion, sex, national origin, disability, or familial status) that is severe enough to interfere with another’s enjoyment of their home or the enjoyment of the facilities in connection with their home (like Ren’s conduct above).

Whether or not hostile environment harassment has taken place depends on the “totality of the circumstances.” In other words, if Sam sues Ren for the unwanted comments and gestures, a court will consider the following when deciding if his actions were in fact illegal:

I

magine that Sam, a resident of ABC Homeowners Association and a habitual swimmer, wanted to use the community’s common area pool. Unfortunately, every time Sam wanted to enjoy this lifelong hobby, she would have to pass by Ren’s home. Ren, bored and without a real hobby of his own, waited every day beside his window, hoping to catch a glimpse of Sam passing by. On cue, when seeing Sam, Ren would open his window shout cat-calls, whistle and make unwanted gestures and comments. Some of these comments included racial epithets about Sam’s Wakandan heritage.

After dealing with this almost every day, Sam has finally had enough and complains to ABC’s management company.

Now the Board and management are at a critical juncture: do they dismiss the complaint as just a “neighbor-to-neighbor dispute,” or take swift action? On one hand, this looks like a neighbor-to-neighbor dispute, and the Board/management might be tempted to let Sam and Ren resolve this themselves.

As you will see though, failing to take action (engage in due diligence, offer dispute resolution services, etc.) might expose the Association to the risk of liability claims for quid pro quo or hostile environment harassment, leading to potential unbudgeted expenses.

Quid Pro Quo And Hostile Environment Harassment Under federal regulations, associations are exposed to liability for discriminatory conduct by not only board members and managers, but by residents as well. (24 C.F.R. § 100.600.)

Under 24 C.F.R. Section 100.600, “quid pro quo” 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

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The nature of the conduct; ●● The context in which the incident(s) occurred; ●● The severity of the conduct; ●● The scope of the conduct; ●● The frequency of the conduct; ●● The duration of the conduct; ●● The location of the conduct; and ●● The relationship between the persons involved.

These are factors for not only a court to consider when dealing with claims of alleged hostile environment harassment, but for the Board and management to consider as well. Why? Because under 24 C.F.R. Section 100.7(iii), an association or management company may also be “directly liable” for “[f]ailing to take prompt action to correct and end a discriminatory housing practice by a third-party (i.e., a resident of the community), where the person (corporation, association, etc.) knew or should have known of the discriminatory conduct and had the power to correct it.” Put differently, an association or management company can be held liable for a resident’s harassment when: ●● The harassment is based on race, color, religion, sex, national origin, disability, and familial status; ●● The association or management company knew or should have known of the harassment; ●● The association or management company had the power to correct and end the harassment; and ●● The association or management company failed to take prompt action to correct and/or end the conduct.

Keep in mind that even one single incident of harassment because of race, color, religion, sex, familial status, national origin, or handicap may constitute a discriminatory housing practice, where the incident was severe enough to create a hostile environment. In the case of Sam and Ren, CAI-Greater Los Angeles Chapter

Ren’s conduct would certainly appear to qualify as hostile environment harassment, given the comments based on race, the frequency of the conduct, the location of the incident, and the severity. If ABC’s board or management company fails to act, they may face civil penalties if Sam sues, including fines and attorney’s fees, and court-ordered hostile environment harassment prevention training.

What Should The Board And Management Do? The Board is charged with the responsibility of enforcing the governing documents and managing the association’s affairs.

Therefore, the resident’s conduct, whether or not it constitutes “hostile environment harassment”, might still be a nuisance under the association’s CC&Rs. If the Board, in its discretion, determines that the behavior is a nuisance and is disturbing the peace or interfering with another owner’s use and enjoyment of his/her home, the Board, through management or otherwise, is required to take action and stop the conduct through the association’s rules and enforcement procedures.

Furthermore, in light of the potential liability associated with allegations of harassment or discriminatory conduct, boards and management companies should take swift action and rely on the protections of the business judgment rule, when confronted with these complaints. Under the business judgment rule, as long as the board was acting in good faith, in a manner that it believed to be in the best interests of the

Turning Common Interests Into Common Ground

association, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances, the directors cannot be held personally liable for their decision.

“Taking action” includes acting quickly to address complaints from residents, mediating disputes between residents, and employing the enforcement procedures under the association’s CC&Rs to correct and end the conduct. As a precautionary measure, boards and management companies should be educated about the law as it pertains to discrimination and harassment and be aware of the red flags associated with an owner’s complaint to management. Adopting antidiscrimination policies and dispute resolution procedures for the association is one way to be proactive in shielding the association, its board and members from liability.

As with all sensitive, complicated legal issues within your community association, seeking the advice of legal counsel for guidance is strongly recommended.

Jeffrey A. Beaumont, Esq. CCAL is the senior partner and A.J. Jahanian, Esq. is an associate attorney with Beaumont Tashjian, a full-service law firm representing common interest developments throughout California.

They can be reached at jbeaumont@ HOAattorneys.com and ajahanian@HOAattorneys.com, respectively.

General Legal Counsel Governing Document Amendments Legal Opinions Contracts Dispute Resolution Civil Litigation Enforcement Insurance Coverage/ Bad Faith Construction Assessment Collections

866.788.9998 HOAattorneys.com 17315 Studebaker Rd., Suite 213 Cerritos, California 90703 800.485.8056Fax 800.485.8057 www.ReserveStudiesInc.com

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May/June 2018 | www.cai-glac.org 9

Is This The New American Reality? ««« By Rickey Teems

I

t almost seems like a distant memory. How could it not?

We’ve averaged nearly one active shooting monthly since Columbine dominated our headlines and emotions, and one could argue that much of our population has simply grown numb. Even after the most recent incident at Stoneman Douglas High School where 17 children were killed, and another 17 injured, the immediate hailstorm of social media arguments and political rhetoric turned the tragedy into an opinionated divide before the funerals were even scheduled. So if the statute of limitations for sympathy is now less than 24 hours, it’s virtually impossible to expect much regard as we approach the 20th anniversary of the dreaded mass shooting that shocked our nation and showed our true vulnerability… Columbine.

Armed with shotguns, handguns, a Tec-9 and (rarely discussed) improvised explosive devices, Eric Harris and Dylan Klebold, left 13 dead and 21 injured at Columbine High School before taking their own lives. It was not the first active shooting in America. It wasn’t even the first active shooting by kids at a school. A year prior, two middle schoolers pulled the fire alarms at their school and open-fired as students and teachers evacuated. A month after that, another middleschool student opened fire at his school dance. Yet even with this younger demographic and the unfortunate events, it was Columbine that gripped us.

Was it the video footage that put us up close and personal with the sheer terror of the event? Was it the worry of multiple, militarygrade weapons bearing down on innocent victims, any one of which could have been us, or our children? Maybe it was the fear that a new generation raised on first-person shooter video games and battle movies had grown so immune to violence, the carnage of real-life shootings was little more than revenge and entertainment. Whatever it was, those perceptions have obviously changed, as we now hear about active shootings on a regular basis in our politically-charged nation. In America we used to scoff at “uncivilized” or “third world” countries for their perpetual violence—are we now following suit?

Political affiliations aside, we clearly have a problem. Whether that problem is guns, access to guns, the underserved mentally ill, increasing insensitivity or any number of combinations, the proof is there. With more than 200 mass shootings since Columbine, and the annual average nearly tripling in the

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last 10 years, it’s safe (ironically) to assume we should all accept this new American reality.

While the resolutions to the problem(s) may be out of our hands, what is within our reach is understanding these situations so we can potentially help save lives, including our own, if we ever encounter one of these deadly situations.

Most active shooter trainings embrace three (3) responses, Run, Hide, Fight.

We will address each of those shortly, but first I’d like to add a fourth—Awareness. In many of the active shooter cases, it was later reported that the perpetrator had left some sort of indication, or demonstrated questionable behavior, that they were contemplating violence. Whereas we once assumed these to be idle threats, let’s begin to take those clues seriously. Do not hesitate to contact local law enforcement if you are made aware of potential threats, no matter how insincere they may seem. Let the authorities determine viability. Encourage friends and family to do the same should they confide in you about a suspicious person. Awareness also includes being more cognizant of your surroundings.

Remember, mass shootings are defined by having four or more fatalities, so that’s why the stories always center on public spaces. A nightclub, concert, movie theater, workplace, school and church are all examples of locations that experienced devastating mass shootings. What’s next? A grocery store?

A sporting event? We no longer have the luxury of taking everyday life as lightly as we once did. That’s not me trying to be melodramatic or instill fear, because if you know me then you know I love to laugh and joke with the best of them.

However, we’re in an era where awareness may save your life.

Do you know where the nearest exits are? Are you keeping an eye on that erratic-acting individual? Do you easily dismiss loud or alarming noises, assuming it couldn’t be a worstcase scenario? Awareness now dictates that we familiarize ourselves with our surroundings, think twice about any potential signs and determine which of the following may be best if we are ever faced with an active shooter.

Run. Unlike earthquakes or fire alarms, active shooter

situations vary immensely. We cannot definitively say which action should be taken for any given predicament. However, it is generally agreed on that if you can run, do it! Running can potentially get you out of immediate danger and away from the scene altogether. Be aware of clues. How close do the CAI-Greater Los Angeles Chapter

gunshots sound? Are they getting louder or more faint? Do you hear more than one gun being fired? Are others nearby fleeing effectively? Fight or flight is a natural survival instinct; use the adrenaline to help you make the best decisions in the shortest amount of time possible. Remember, if you do run, be careful how you approach incoming law enforcement personnel. Although you may be relieved to see them, they may not know the shooter from a civilian, and have a hair trigger in tense scenarios like these. Be sure to stop and comply with their immediate demands.

Hide. If circumstances do not allow for evacuation, where

is the safest place to hide? If you’re outdoors, is there a tree or large object that can shield you? If indoors, is there an office or bathroom you can lock? Always remember to consider your surroundings and what might be available. Police response times will vary, so lock or barricade yourself in if possible. Remember to put your phone on silent and remain as quiet as possible. Do not shout for help and assume the perpetrator won’t pretend to be law enforcement. If you can, send a text to someone providing your whereabouts and ask them to contact 911 for you. If possible, try to hide with others in case you have to…

any potential weapons nearby that can help blind or disarm the shooter? Are there enough people to simply overpower the intruder when they walk through the door? This may seem like a Hollywood approach to a very real life-and-death situation, but going on the offensive may provide better odds of survival than cowering, should the shooter breach your location.

When I was in the Air Force, we had frequent Hazmat training, because there was a real threat of chemical warfare to the stations we deployed to in the Middle East. In America, we now face real threats from unexpected public shootings.

We must be aware and mentally train ourselves to be ready to respond confidently, should we find ourselves in this unfortunate situation. I wish I could have incorporated more of my typical wit and humor into this article, but I feel it is just too much of a reality to take lightly anymore. And as we see other threats emerge (ie. bombings in Austin, TX) in addition to the increase in shootings, I implore you to actively vote for tougher regulation and always be aware. Our heartfelt sympathies go to the families and friends of the victims of all the senseless mass shootings.

Fight.

It may not be your immediate response, but if you are hiding in a room and an active shooter enters, have a plan ready to attack. Most active shooters act alone, so if you happen to be hiding with others, coordinate a simple plan of how you can use the numbers to your advantage. Are there

Rickey Teems is a branch manager and 16-year employee of Securitas Security Services USA Inc., one of the largest security companies in the world. Rickey specializes in high rise and residential properties, and has been active in CAI since 2005. Rickey can be contacted at rickey.teems@ securitasinc.com

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CAI-Greater Los Angeles Chapter

May/June 2018 | www.cai-glac.org 11

news

from sacramento

Peaceful Assembly and Freedom of Speech?

The Impact of SB 407 on Homeowners Association Elections

By Thomas M. Ware II, Esq.

A

lthough an unequivocal political consensus is rare in this day and age, apparently there is at least one topic that evinces solidarity in the California legislature. “It is the intent of the legislature to ensure that members and residents of common interest developments have the ability to exercise their rights… to peacefully assemble and freely communicate with one another and with others with respect to common interest development living or for social, political, or educational purposes.” (See, Civil Code Section 4515(a).)

The right to peacefully assemble and freedom of speech are cornerstones of both the United States and California Constitutions. As a general rule, however, these rights prohibit “government” infringement, not enforcement of private thirdparty contractual rights. Homeowners associations are private entities, not municipalities.

Nonetheless, last September, both houses of the California legislature unanimously adopted SB 407 (Civil Code Section 4515) purporting to clarify the right of homeowners and residents to engage in politically-expressive activities within a common interest development. Civil Code Section 4515(b) prevents homeowners associations from enacting and/or enforcing rules and restrictions prohibiting members from exercising their right to assemble and communicate for “purposes relating to common interest development living, association elections, legislation, election to public office,” “referendums,” “recall[s],” and other “matters of public interest.”

The legislature extended such protections to owners and residents in homeowners associations based on a recognition that homeowners associations are quasi-governmental entities. “Because homeowner associations, upon action of the board, have the ability to craft, adopt, and enforce bylaws and operating rules that touch broadly upon the rights and daily lives of their members, some courts have recognized the clear parallels between HOAs and local governments.”

(See, June 26, 2017 SB-407 Senate Summary.)

I know what you are thinking. That is all very interesting, Tom, but how does this statute impact my homeowners association’s upcoming director, special assessment, and/or

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governing document election? I am glad you asked. The most significant impacts of SB 407 on homeowners association elections relate to its limitations on the Association’s power to restrict the use of common area, limit the right to canvas the community, or distribute election materials.

Prior to SB 407’s adoption, a homeowners association had an obligation to ensure “a candidate or member advocating a point of view” has: (a) equal access to “media, newsletters, and Internet Web Sites” during the campaign; and (b) “access to common area meeting space, if any exists, at no cost…”

(See, Civil Code Section 5105(a)(1)-(2); emphasis added.)

SB 407 buttresses this right to common area access.

If the proposed meeting is related to a pending association election, a homeowners association cannot prohibit a member’s or resident’s “right to use the common area, including the community or recreation hall or clubhouse… when that facility or clubhouse is not otherwise in use.” Many associations condition use of common area facilities upon payment of a fee and/or providing proof of insurance. Associations cannot use such rules to prevent election-related assemblies. The Association cannot condition use of the common area on the payment of a fee or deposit, or require a member or resident obtain liability insurance, or pay the premium or deductible on the Association’s insurance policy as a condition for using the common area.

The Association cannot prohibit“[c]anvassing and petitioning the members, the board and residents” or “distributing or circulating… information” regarding purposes relating to “association elections.” SB 407’s legislative history makes it clear that this language prevents enforcement of a blanket CAI-Greater Los Angeles Chapter

prohibition of door-to-door solicitations. Furthermore, the association cannot require prior association approval of such political solicitation or a sign-off on the distributed materials.

While the Association cannot preemptively and unqualifiedly use the common area, canvassing, or solicitation for political purposes, SB 407 states that the owners’ and residents’ protection is subject to engaging in such activities “during reasonable hours and in a reasonable manner.” Such language suggests that the Association may be able to adopt reasonable time, place, and manner rules regarding such activities. This interpretation is consistent with the legislature’s analogizing a homeowners association to a municipality. There is vast legal authority supporting a government entity’s right to regulate the time, place, and manner of even political speech. However, associations must be cautious and circumspect in doing so, given the stated purpose of the Act. If a rule is viewed as an infringement on the right to assemble, SB-407 provides that the association can be liable for civil penalties of not more than $500 per violation.

Thomas M. Ware II is a partner in the law firm of Kulik Gottesman Siegel & Ware LLP. Since 1989, Tom’s practice has focused on the representation of non-profit corporations, homeowners associations, and their volunteer directors and officers. He currently serves as a CAI-GLAC’s California Legislative Action Committee Delegate. Tom can be reached at tware@kgswlaw.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 America dedicated to monitoring legislation, educating elected state lawmakers, and protecting the interests of those living in community associations in California.

About the Organization  Is a non-profit, non-partisan committee composed of two Delegates and one Liaison from each of the eight CAI California chapters.  R epresents over 13 million homeowners and property owners in more than 50,000 associations throughout California.  Comprises association homeowners, board members and the professional business partners that service them.  Is NOT a PAC (Political Action Committee) and makes no financial campaign contributions.  Depends solely on the donations of the community associations, their boards of directors and those who serve HOA members.

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

Our Thanks to CAI-CLAC 2018 Contributors January 1 – April 15

Goal: $24,321

68%

of goal as of 04/15/18 $16,489

CAI-Greater Los Angeles Chapter

100 Marina Shores HOA 101 Ocean Condominium HOA 446 San Vicente HOA 515 San Vicente HOA 909 El Centro, Inc. 914 Lincoln Blvd. HOA 948 20th Street HOA 1030 3rd Street, Inc. 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 Adams Stirling PLC Armour Lane Condominium Avis HOA Avocado Glen HOA Beaumont Tashjian Berding & Weil, LLP Berg Insurance Agency Beven & Brock Bodger Park Condominiums HOA Budlong Villas HOA, Inc. Cardiff Court HOA, Inc.

Casa de Suenos CA Casa De Valley View OA, Inc. Catalina Plaza HOA Cedar Glen HOA Common Interest Services, Inc. Condominium Administration Co., Inc. Culver Centrale HOA Culver City Gardens (Lincoln Archways) Design Villas HOA Eight on Twenty HOA El Segundo Peppertree HOA Fenton Grant Mayfield Kaneda & Litt, LLP FirstService Residential AAMC® Florwood Estates HOA Gateway Village HOA Gorham Park HOA Hermosa surf Condos, Inc. Hillcrest Meadows HOA, Inc. Hillcrest Rolling Hills HOA, Inc. Hopi HOA Idaho Villas HOA Irena Vista OA Kasdan LippSmith Weber Turner, LLP Kelton Arms COA

Kester Villas HOA Lawford HOA (Hayvenhurst CA) Longfellow Village OA Management Professionals, Inc. AAMC® Marina Village HOA McKenzie Rhody, LLP Monterey Pines HOA Oakbridge HOA Oak Hill Condominium HOA Ocean West HOA Pacific Colony HOA Pacific View Condominiums HOA Park Crest HOA PCW Contracting Services Polynesian OA Rancho Glen HOA Roseman Law, APC Ross Morgan & Company, Inc. AAMC® S. Manhattan Place HOA SAX Insurance Agency Seascape-Redondo HOA, Inc. Silver Spur Court HOA SK Management, LLC South Bay Estates HOA South Hermosa Townhomes HOA Spencer Estates HOA

Sunset Boulevard Association SwedelsonGottlieb Textile Building OA The 555 Evergreen Street HOA The 3219 Colorado Assoc.

The Angels Landing Group 7 Fountains The Vista Pacifica HOA Villa Cordoba HOA VIP Goshen Association Virgil Courts HOA Valencia Management Group AAMC® Vogue Condominium Association Villa Medici HOA W.C. Services Company West Wind Townhomes HOA Westside Townhouses HOA Wilshire Selby Towers East CA, Inc. Windsor Estates COA Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP Woodbury Maintenance Corp.

Yale St. HOA

May/June 2018 | www.cai-glac.org 13

Making Our Voices Heard – April 8-9, 2018 The first thing you need to know, if you are considering attending Legislative Day at the Capitol, is that it is more than just a day, and it is more than just legislation.

This year the festivities began with CAI California North Chapter’s “Corks for CLAC” wine event at beautiful Heritage Park. This event is one of the ways that the California North Chapter of CAI raises funds to pay their fair share of the annual advocacy costs shared by all eight California CAI Chapters.

There were wine tasting stations, passed hors d’oeuvres and an amazing silent auction, all accompanied by a beautiful professional harpist.

The next day, Sunday, the education began with the Delegates, Liaisons and Chapter Executive Directors discussing bill strategy and last-minute position changes in one room, while approximately sixty homeowners, managers and business partners learned about How a Bill Becomes Law, SB 407 — Free Speech or Free Party Space? and an Overview of 2017 Case Law, with the education culminating in an exciting discussion of

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CAI-Greater Los Angeles Chapter

Louie Brown began to prepare us for visits with our legislators…

Thomas Ware II, Esq., Kulik Gottesman Siegel & Ware LLP CAI-GLAC CLAC Delegate

State Senator Scott Wilk, representing the 21st District

Louie Brown, Esq. CAI- California Legislative Action Committee Advocate

Dawn Bauman, CAE CAI Sr. Vice President, Government & Public Affairs

Hot Bills with CAI California Legislative Action Committee (CAI-CLAC)’s Advocate, Louie Brown.

Meet the Delegates occurred upstairs on the 15th floor with a beautiful view of the State Capitol building, and each Delegate and Liaison was introduced with fun facts about something no one knew about them and the craziest thing they’ve ever done.

Monday was the day we had all been waiting for. Louie Brown began to prepare us for visits with our legislators, letting us know “dos and don’ts,” how important staffers are (even if they are only 25 years old), and how important it is to leave money out of any conversation with legislators… none of us want felonies on our records!

Task force chairs spoke on each of the five bills we were preparing to bring across the street, making important points, and answering any questions that came up for us, as well as questions the legislators themselves might have.

Just as the briefing was wrapping up Senator Scott Wilk arrived to talk with us about what he views as the best ways to interact with legislators. Senator Scott Wilk represents the 21st Senate District, including parts of Santa Clarita, Palmdale, Lancaster, Apple Valley, Hesperia and more, and was recently interviewed CAI-Greater Los Angeles Chapter

in an article for CAI Greater Los Angeles Chapter’s Focus Magazine. He emphasized the importance of social media in how he hears from his constituents.

Then we were released upon the Capitol! But this year was different… THIS year we had an additional bit of value to bring to our legislators in the form of a professional binder with information for the legislator about the number and type of community associations in THEIR specific district! It included number of residents, as well as income and age statistics. Many legislators appreciated this valuable information and were very open to hearing other ways in which CAI-CLAC can be a resource for them, including the education we had to offer regarding the five bills we brought to speak on.

More than just talking about legislation, we brought education and information to our legislators, and helped to make CAICLAC into a resource that legislators will come to rely upon.

Kimberly Lilley, CIRMS, CMCA is the Director of Business Development for Berg Insurance Agency and may be reached at kimberly@berginsurance.com

May/June 2018 | www.cai-glac.org 15

South Bay

Thanks to our Sponsors Event Sponsors

Thursday, April 5, 2018

Bar Sponsor

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21333 Hawthorne Blvd. • Torrance, CA 90503

Thanks to our Exhibitors ASPHALT PAVING, MAINTENANCE & SEAL COAT

Diversified Asphalt Products Rose Paving Company, Inc. ASSESSMENT RECOVERY

S.B.S. Lien Services ATTORNEYS

Kasden LippSmith Weber Turner LLP McKenzie Rhody LLP Roseman Law, APC SwedelsonGottlieb Tinnelly Law Group BANKING Alliance Association Bank Mutual of Omaha Bank/CondoCerts

CONSTRUCTION MANAGEMENT

MANAGEMENT SYSTEMS & TOOLS

PLUMBING

CONTRACTORS, GENERAL

METERING PRODUCTS & SERVICES

RESERVE STUDIES

PAINT SUPPLIERS

SECURITY

Design Build Associates

CBCI Construction, Inc. Nautilus General Contractors ProTec Building Services Smoothstone Construction & Consulting, Inc. DECKING

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

Emergency Services Restoration, Inc. INSURANCE

Brian Berce Insurance Agency, Inc. Cline Agency Insurance Brokers Prendiville Insurance Agency SAX Insurance Agency Scott Litman Insurance Agency, Inc. Steven G. Segal Insurance Agency, Inc. LANDSCAPING

Elements Landscape Management LandCare Mariposa Landscapes Inc.

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www.cai-glac.org | May/June 2018

CINC Systems

MeterNet Sub-Metering and Billing Solutions BEHR Paints/KILZ Primers Dunn-Edwards Paints PPG Architectural Coatings The Sherwin-Williams Paint Company Vista Paint Corporation

Specialized Pipe Technologies Association Reserves Inc. Reserve Studies Inc. GSG Protective Services, Inc. Guard-Systems, Inc. Securitas Security Services USA, Inc.

PAINTING CONTRACTORS

ALLBRIGHT 1-800-PAINTING CertaPro Painters of Sherman Oaks Ferris Painting, Inc. FRESHCO Painters, Inc. PRECISION PAINTING Preferred Commercial Painting, Inc. PAYMENT SERVICES

RevoPay

PEST/TERMITE CONTROL

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

CAI-Greater Los Angeles Chapter

CAI-Greater Los Angeles Chapter

May/June 2018 | www.cai-glac.org 17

Committee Corner

HOA Marketplace Committee Members:

HOA Marketplace Committee ¡¡¡ By Alan Denison, Co-chair HOA Marketplace Committee We help CAI-GLAC Highlight its Business Partners and Educate HOA Boards and

Alan Denison, Co-chair Elements Landscape Management David San Filippo, Co-chair Critter Busters, Inc. Omar Bayter Village Northridge HOA Sascha Macias, CMCA®, AMS®, PCAM® FirstService Residential Jeremiah Masopust Servpro of Burbank, Chatsworth, Chatsworth/Stevenson Ranch, Crescenta Valley/East Glendale Lisa Ann Rea, VP Mutual of Omaha Bank/ CondoCerts Jennifer Silva Dunn-Edwards Paints Michael Valenzuela Vista Paint Corporation

their Managers by producing three sold-out HOA Marketplace events annually.

T

he first CAI Homeowners Association Marketplace was held 20 years ago. This unique event provides benefits for all Chapter members and prospective members.

The Marketplace begins with a 1-1/2 hour Meet & Greet opportunity to visit our business partners through an expolike format where attendees can ask our industry experts questions about any of their upcoming projects and learn more about their products and services.

After the expo, community managers and HOA board members are provided with an educational presentation by industry experts that will equip them to better care for and manage the communities they live and work in. The business partners’ generous support makes it possible for this event to be complimentary to all community managers and board members.

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What started out as a smaller event has now been a sold-out evening for the past several years. The event was originally held at the Pickwick Gardens Conference Center in Burbank. As attendance increased, the Marketplace quickly moved to a sold-out ballroom at the Skirball Cultural Center with managers and boards braving through the beautiful Los Angeles traffic to get to this fun event. Each Marketplace has a theme based on the time of year or relevant cultural event. We’ve been able to celebrate Cinco de Mayo, Halloween, Carnivale, Jazz Fest, and even take a trip Around the World!

In 2014 we changed the Marketplace from a centrally-located annual event to a regional event. To provide regionallyrelevant topics and expand the CAIGreater Los Angeles reach, we now

hold three distinct Marketplace events.

This year the first Marketplace is our South Bay Marketplace that was held on April 5. Our San Fernando Valley Marketplace will be held May 3. And our newest addition is the San Gabriel Valley Marketplace which will be held on December 5.

All of this would not be possible without the great leadership from our Board of Directors and the wonderful HOA Marketplace Committee members who plan the education topics, venue locations, themes and much more. Also, the Business Partners help this wheel turn with their generous sponsorships which provide funds for the Chapter and allow for a complimentary experience to our community managers and board members. I hope to see you at our next Marketplace!

CAI-Greater Los Angeles Chapter

Legislative Support Committee Members:

Cai-Glac Legislative Support Committee How to Keep Informed and Make a Difference! ¡¡¡ By Matthew T. Plaxton, Esq., Tinnelly Law Group

I

magine knowing about legislation that is going to impact community associations before it gets signed into law. Imagine the valuable resource you can be to your employer, colleagues and clients having first-hand knowledge of bills that are before the state legislature.

Imagine being able to make a difference!

If this sounds enticing, then you should join the CAI-Greater Los Angeles Area Chapter’s (“CAI-GLAC’s”) Legislative Support Committee (“LSC”).

The LSC is a standing, advisory committee, that is designed to support the efforts and strengthen awareness of CAI’s California Legislative Action Committee (“CLAC”), a committee of CAI National. During our meetings, we engage in spirited discussions on proposed and pending legislation and analyze how these bills will impact community associations and businesses within our industry. We also formulate opinions and ways in which these bills can be revised in order to achieve desired goals or to address particular issues, which are then presented to CLAC by the CAI-GLAC delegates/liaison during their monthly conference calls.

Another unique and exciting way in which LSC members contribute is by participating in grassroots efforts.

CAI-Greater Los Angeles Chapter

That is, members of the LSC are encouraged to schedule meetings with local legislators within their legislative districts to discuss pending legislation and the effect these bills will have on their constituents (i.e., the homeowners within their district). You will be surprised at how attentive legislators (and their staffers) are when they learn that voters within their district will be harmed by a particular piece of legislation. During our meetings, we arm LSC members with the tools and resources they need in order to have an effective dialogue with legislators.

Finally, LSC members are encouraged to assist CAI-GLAC in meeting its annual CLAC contribution goal by participating in various fundraising programs (who does not like being a part of Wine Night?). Paying to support an advocate in Sacramento, administration for the state-wide meetings, and events to educate legislators cost money, and lots of it.

LSC members help ensure that we are represented in Sacramento and that our voice is heard by engaging in education and fundraising activities (e.g., educating community managers on pending legislation, CLAC and the “Buck-a-Door Or More” program).

Chair: Matthew Plaxton, Esq. Tinnelly Law Group Sean Allen, Esq. Roseman Law APC Nels Atha, CMCA, AMS Common Interest Services, Inc. Dave Brock, PCAM Beven & Brock Maureen Davidson Adams Stirling PLC Russell Hoffman, CMCA, AMS, PCAM Valencia Management Group Kimberly Lilley, CMCA, CIRMS Berg Insurance Agency Dick Pruess Castlegate HOA Natalie Stewart FHA Review Lisa Tashjian, Esq. Beaumont Tashjian Thomas Ware II, Esq. Kulik Gottesman Siegel & Ware LLP

So, what is required in order to become a member of the LSC? I am glad you asked: In order to become a member of the LSC, you must first let me know that you are interested: matt@ tinnellylaw.com. We welcome everyone who is interested, provided that you are: (1) a current member of CAI-GLAC, (2) available to attend CAI-GLAC Chapter events on behalf of the LSC, (3) willing to participate as needed in LSC/CLAC events, and, most importantly, (4) interested in legislative issues pertaining to community associations. Again, if you meet all of these requirements and are interested in becoming a member, please email me; we would love to have you. Join us to see how you can make a difference!

May/June 2018 | www.cai-glac.org 19

Sticks & Stones

By Sascha Macias, CMCA®, AMS®, PCAM® “Sticks and stones may break my bones…”

We have all heard the beginning of this popular children’s comeback. But the truth of the matter is, words can be hurtful. Not only can words be hurtful, but we have also all heard “it isn’t what you say, but how you say it.” Some of our interactions can take this concept to the extreme. In this article, we are going to combine three different views on a hostile work environment and how to navigate this in our industry. Let’s first take a look at some tips from Kumar S. Raja, Esq. with Tinnelly Law Group:

A

s HOA industry professionals, there are many positive aspects to our occupation. We work with a diverse group of people, take fulfillment from helping volunteer boards, and are happy when we solve problems through creativity. Unfortunately, there are situations that can become difficult.

Most association managers (“Manager”) have had some experience dealing with abusive homeowners and demanding board members (“Hostile Actor”). Typically, the Hostile Actor exhibits unrelenting behavior that becomes obnoxious despite Management’s best efforts.

The purpose of this section is to provide Managers with a brief primer as you experience hostility in the moment—via email correspondence, telephone calls, or direct confrontations.

When you encounter hostile situations, it is important to remember that your Management Company was hired to serve as the managing agent for the Association. Your primary

20 www.cai-glac.org | May/June 2018

responsibility is to implement the board’s directives and to serve as a communications liaison between the board and the residents.

For the most part, substantive decisions are made by the board at monthly board meetings.

Recognizing that legal relationship can assist the Manager when confronted with a threatening email or any other form of communication. Below is a sample response to consider when responding to a Hostile Actor: “Thank you for your email. The board values resident communication relating to Association business.

I understand your concerns and will forward your communication to the board for review at the next board meeting.”

A phone call is usually the next step if the Hostile Actor is not satisfied with Management’s return correspondence. You should be able to tell where the call is headed based on his or her initial tone and word choice. Hostile situations may be diffused or avoided altogether by giving the caller a chance to be heard; the Manager can use the call as an opportunity to further explain why it would be inappropriate and unfair if Management were to respond at that time.

You do not deserve to be the subject of personal attacks. Phone calls that lapse into volatile language should be ended as soon as possible by stating that all future communication must be sent in writing for board review. After the call concludes, it is advisable to send an email to the Hostile Actor which politely confirms your prior statement about future communication.

If possible, the Manager should prepare an internal memo which documents what was said with as much detail as possible. The memo can be used to notify other Management employees regarding the Hostile Actor’s prior phone call and for evidence preservation purposes. Preserving inflammatory communication can help general counsel with later drafting cease and desist correspondence and, if necessary, filing a temporary restraining order if abusive behaviors later escalate.

CAI-Greater Los Angeles Chapter

With limited exception, there is no need for in-person meetings between Managers and Hostile Actors who have demonstrated a prior pattern of disruptive conduct. In general, Hostile Actors do not show up at Management’s business office unless they are angry. For that reason, direct confrontations, which are rarely productive, are not recommended because of the potential for further abuse. Management’s receptionist, if available, should screen the reason for the visit and then direct the Hostile Actor to forward his or her concerns to the board in writing. If a Manager interacts with a Hostile Actor, then all meetings should be held in the open presence of at least one (1) other Management professional so that conversations can be witnessed. One-on-one meetings in a private office are discouraged.

What happens when the Hostile Actor is a board member?

Management’s executive team, if available, should be contacted for assistance to navigate the delicate client relationship. The board member should be reminded that your ability to support the Association depends upon establishing a professional working relationship.

The appearance of the Hostile Actor at board meetings is not uncommon. The Manager can reduce the possibility of hostile meeting environments by being proactive.

Distributing policy statements for board meeting conduct and requiring the completion of homeowner speaker cards are effective ways to create a healthy workspace. Those documents can state that homeowner forum will be timelimited and interruptions will not be tolerated, among other things. Unruly board members may be tempered by emphasizing the importance of only discussing agenda items and underscoring the negative consequences to the Association by engaging in harmful dialogue.

The Hostile Actor is a frequent character in the business of managing community associations. Disruptive situations should be identified and handled swiftly by the Board and Management on a case-by-case basis through a collaborative process. The Manager should consider contacting ‘legal’ if abusive communication intensifies. General Counsel can then offer potential solutions for board review such as sending cease and desist correspondence, initiating the Internal Dispute Resolution process, or seeking judicial relief.

Kumar S Raja, Esq. Tinnelly Law Group Continued on page 22

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May/June 2018 | www.cai-glac.org 21

Sticks and Stones Continued from page 21

Kumar provides some excellent tips for navigating the murky waters with hostile Board members, homeowners or residents.

Let’s take a look at what kind of experiences on-site General Managers might have with hostile work environments, as told

by Linda Healey, CCAM®, PCAM®, General Manager of the Californian on Wilshire:

H

ostile Workplace: words that don’t sound very nice and certainly words that do not evoke a place where one would want to work… but the work of a community manager often entails working with people who can be difficult, demanding, angry, confrontational and even threatening. With more than 20 years as a community manager, I’ve experienced this situation and learned some ways to neutralize it.

The valet staff is trained not to engage in an exchange of strong words with these residents and to just stay calm and focus on their activities. The worst case in this scenario is when a resident resorts to foul language, angry shouting and threatening these busy valets with firing them. At that point, the word gets back to the manager and the Board members and an immediate conversation is held with this resident and/ or his/her spouse with a serious reminder that this kind of language and behavior is not tolerated in our community. It often helps for the next time.

Other ways where the residents can demonstrate hostility toward an employee is the engineering/maintenance team where not all of the team knows all of the answers! Some of these team members are excellent at fixing simple plumbing problems, TV reception issues and internet problems. But not all of them are excellent at all things. When residents start to say that this engineer or that one can or cannot come to their home, we remind them that in a community where there are 80 homes, we cannot possibly schedule people’s favorites (or non-favorites) to help them with their problems. But that they are always free to call outside of the association staff for repairs. This comment usually calms them down.

In the Management Office, we have experienced unhappy telephone calls from residents who received late fees or parking charges with which they disagree vociferously. After the first foul word they are warned that this language cannot continue or there will be a hang-up—and at the second word, we hang up. This does usually mollify the resident so that next call is an apology and a calmer conversation.

There are several levels of stress that lead to a “hostile” workplace in a residential community. In my high-rise experience, most often it is aimed at the valet services team who are under stress to deliver a car to the driveway for residents after retrieving it from as many as six levels of garages. Many times, residents think they have given the valet team enough time when they only called the front desk for their car five minutes ago – long enough for them to ride down an elevator.

The residents often don’t realize there can be dozens of calls for cars at the same time and yet only a staff of 4-6 valets who are directing traffic in the driveway, clearing people who have arrived, taking cars down into the garage and bringing cars up to be claimed. And sometimes, the residents are certain they called—when they did not.

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In person, I recently used a grammar school hand gesture to calm a resident down as he flew into my office with steam pouring out of his ears. I made an “X” with my two index fingers holding them out in front of me, clearly indicating to this man that he needed to calm down. It’s an age-old way to calm a bully—but it works.

Linda P. Healey, CCAM®, PCAM® General Manager, The Californian on Wilshire

CAI-Greater Los Angeles Chapter

As you can see, the scenarios that Mr. Raja, Esq. outlined can differ greatly from what someone at a high-end onsite condominium might experience. While Ms. Healey has extensive experience at her onsite facility, we sometimes run into an even more extensive list of hostile scenarios when we face portfolio management.

W

hile I currently serve as the Regional Director for Community Management in Los Angeles, my career began as an assistant manager, and then a portfolio manager. Some of the differences between onsite and portfolio can be proximity. While Ms. Healey experiences residents right at her door, or in her case, at her valet… portfolio managers often aren’t onsite, and therefore, resident interactions are limited to site visits, board meetings, and office visits. This can have pros and cons—in portfolio you usually work in an office, so the instance of an in-person confrontation on the fly or unexpected is low—but this also can work against you and cause residents to hold their angst inside, then letting it out all at once in an angry situation. In my experience, while you can’t always head these items off at the pass, trying to do so can be greatly beneficial.

Recently, we encountered a board meeting that had a high probability of becoming volatile. This was a takeover, and there were a lot of already unhappy owners: unhappy with

CAI-Greater Los Angeles Chapter

lack of repairs, lack of transparency, and the management company’s failure to communicate and/or comply with state law. An elevator in the building had been out for weeks by the time we took over, and the repair would take 12 weeks. A long-time resident was vandalizing common area, terrorizing residents from his balcony, and making threats of violence— resulting in multiple police visits. Needless to say, these residents had lost trust in the system. Rumors flew amongst the divided community about the “force to be reckoned with” that would attend our first board meeting. The Board was fearful, the manager I assigned was fearful… how would we manage this situation before it got out-of-hand?

Simply put—preparation, understanding, and communication.

We began by collecting every complaint, concern, angry email… and making sure not only were we aware of the issues, but also the steps that had transpired before us, the steps we had taken since, and the future timeline. We prepared a thorough board packet, and did an orientation with the Board beforehand. We ensured the Board supported an understanding, yet forceful approach if necessary. We prepared the residents with e-blasts and posting of the timeline for the meeting, a well-thought-out agenda, Continued on page 24

May/June 2018 | www.cai-glac.org 23

Sticks and Stones Continued from page 23

and a consistent message about homeowner forum. Legal counsel was invited, and Senior Management attended.

We opened the meeting by greeting every resident at the door, and taking a little extra time to get them to sign in.

We used speaker cards for concerns to be voiced so we could group them. And once everyone settled in, we announced and introduced our company and the Board. We thanked the residents for coming, and expressed that we were deeply empathetic to the concerns they had been experiencing. We explained that homeowner forum would not be cut off at 20 minutes, so long as all residents were respectful. Each owner would get 3-5 minutes to speak, BUT before opening forum, we provided updates on all the major issues. We provided a timeline for the elevator,

Insuring Common Interest Developments Throughout The West

24

www.cai-glac.org | May/June 2018

CAI-Greater Los Angeles Chapter

a legal update on the pursuit of the vandalizing owner, copies of past minutes, updates on when to expect meeting agendas, and most of all contact information.

By the time we opened homeowner forum, we had answered nearly every question on the speaker cards. We had one or two angry owners who simply did not accept our answers—but we had earned the trust and respect of the Board and the rest of the audience—so their issues did not become mob mentality issues. We closed open forum, and went into business—where we did not allow comments. When we closed the meeting, we received several thank yous and compliments. We were able to stop a hostile environment before it started, and come out successful. As I write this, we are preparing for their second meeting tonight, and we couldn’t be more ready.

But what happens if you didn’t expect hostility and are met with it anyway? Or if regardless of how hard you worked, how much you prepared, or how right you are, the hostility continues. This is where a firm hand comes in. This is where as a manager, if necessary, you stand up during a meeting, and ask kindly for everyone to be respectful of each other. You remind the residents that this is a business meeting, that the Board members are volunteers, and that foul or threatening language will not be tolerated. If needed and with the Board’s

CAI-Greater Los Angeles Chapter

support, perhaps open forum is closed, or this resident is asked to leave. As managers, sometimes it can be hard to stand up in the face of this hostility (it is in some people’s nature to just grin and bear it), but this does not generally work. The same applies for the phone, a personal interaction, or an email. “I apologize sir, but if you are going to continue to use that tone, I am going to have to end the call.” Or simply, if you are feeling threatened or in danger, walk away. If you are in your office, ask them to have a seat and step out. If you are onsite, take a phone call or walk to an area where there are others. For some managers, it may be best to ask your supervisor to step in—or even a colleague.

What we should all take away from this, is that you are entitled to a work environment without hostility. While we all see our fair share of disgruntled or unhappy people, people who have been fined or cannot paint their house peach – it is important to distinguish between providing good customer service to a dissatisfied customer…or taking abuse from a hostile one.

Sascha Macias, CMCA®, AMS®, PCAM® is the Regional Director for FirstService Residential, a full-service national management company. She can be reached at sascha.macias@fsresidential.com.

May/June 2018 | www.cai-glac.org 25

The

Board Meeting

Bully

■ ■ ■ By Hamlet Vazquez

From the playground to the board meeting, bullying and harassment are all around us. While there is no magic threestep process to successfully dealing with a bully during a board meeting, there are some practical steps you can take to at least minimize their impact on a meeting. The first and possibly most important step is to work with your legal counsel to write up and adopt a “Board Meeting Conduct” policy that includes an anti-bullying or anti-harassment clause. This will provide the Association with a means to enforce proper behavior by way of hearings and possible fines.

While this may sound counterintuitive, the next step in dealing with a bully is to try and meet the legitimate needs of the bully. I have found that bullies are generally looking for one of three things: power/control, attention, or a feeling of superiority. While every human being has a legitimate need for some control over their lives, a healthy self-esteem, and to be paid attention to, the maladaptive versions of this— power, attention-grabbing and a need to feel superior—lead to bullying behavior.

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To get ahead of the bullying, think of ways to meet the legitimate needs of your bully. The key here is legitimate needs. You don’t want to give in to their power-grabbing or other maladaptive behaviors. For example, if you are dealing with a bully board member, make sure they (along with the other board members) have a say in crafting the next board meeting agenda so they feel ownership of what is going to be discussed. If it’s a homeowner in the meeting, make sure you have an Open Forum before the meeting (or at the end) where you invite suggestions on board meeting topics for the next board meeting. Remember that everybody has a healthy need to have some control over their environment. Setting a meeting’s agenda, while seemingly a small gesture, can help make the bully feel like they had a say in what gets discussed at the meeting. Another practical way to help meet the legitimate needs of a bully is to recognize their contributions.

While this can sound like pithy advice more appropriate for a kindergarten class, you might be surprised to find just how much people love being recognized. Mention the ideas and contributions of board members and thank them for their service. If it’s a homeowner who brought up an idea or made a suggestion, recognize that. The more often that homeowners are recognized, the more they will feel ownership of the operation of the Association. Everybody wants to feel a sense of significance and that they are contributing to something that is larger than themselves.

But what do you do if after you’ve adopted a Board Meeting Conduct policy and done your best to have the board CAI-Greater Los Angeles Chapter

and owners feel a sense of ownership of the meeting, and complimented their ideas and contributions…and the bullying continues in the meeting? Aside from eventually calling the bully owner to a hearing, here are two things you can do about how you respond to the bully during the meeting. As Pastor Charles Swindoll once wrote, “Life is 10% what happens to [you] and 90% how [you] react.”

Confront the bullying with a confident and professional presence. The bully needs to know that you are a professional.

That means presenting yourself professionally in how you speak and dress. It means being thoroughly prepared to answer questions that may come up. One of the goals of a bully is to get under your skin (to make themselves look better than you), so the more prepared you are, the harder it’ll be for them to trip you up with their questions or remarks.

Know the facts about any situation they may bring up. Be an expert on each topic and, most importantly, present yourself professionally because that’s what you are, a professional. You should never take their remarks personally (even when they are personal). Why? Because you are a professional who is getting paid to manage an Association. This does not mean that you can’t confront the behavior, but you cannot let your

emotions take over, which is what happens when you take something personally.

Confront the bullying by rising above it. Nothing unarms a bully like a well-placed response such as, “Thank you for letting me know about…” or “I’m sorry to hear that such and such happened” or a show of empathy for their predicament.

Unless this type of attitude comes naturally to you, note that this is all about acting. It might sound strange, but as managers, we need to hone our acting skills. We need to treat people, even the bully, with respect and courtesy, even when we don’t feel like it. Why? Because we are professionals.

Lastly, remember that restraint shows strength. While the bully has the maladaptive need to feel superior, know that ultimately the one who rises above the bullying behavior and shows restraint is not just the professional in the room but is the strong one. Let that be you!

Hamlet Vazquez is General Manager at West Ocean Association in Long Beach. He can be reached at avazquez@actionlife.com.

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May/June 2018 | www.cai-glac.org 27

HAPPY

45th Anniversary We asked a couple of Past Chapter Presidents to share memories.

Allaying Fears…

Looking back at my tenure as President of the CAI Greater Los Angeles Chapter (CAIGLAC), other than increased membership, I am most proud of our accomplishments in changing a mentality of fear to one of camaraderie. Ironically, this happened during the wake of one of Los Angeles’ worst disasters in recent memory.

1994 was a tumultuous year in the Greater Los Angeles area.

It may seem like a distant memory now, but that was the year the Northridge earthquake struck, causing widespread damage to communities throughout the region.

More than ever, it was important to connect community associations to the education, advocacy and services that CAIGLAC offered. The problem, however, was many management companies did not want to send one of their association board members, let alone their management employees, to attend our CAI-GLAC breakfasts, luncheons or evening events—specifically, managers were reluctant to invite their board members to CAI-GLAC events for fear that these board members would be poached by other management companies and their managers. I would be disingenuous to say that their concerns came out of left field. What management company owners were afraid of had actually been occurring not only in our Chapter but in other California CAI chapters as well.

It might seem like common courtesy to refrain from soliciting business away from your colleagues at CAI-GLAC events now, but at the time, “suitcasing” and “poaching” was the norm at our events. It became evident to me that if we wanted to connect board members to CAI-GLAC’s resources, we had to address the rampant suitcasing and poaching that occurred at our events. I said enough was enough and decided to tackle this issue head-on. I contacted and spoke with the owners of almost every management company who were members of our Chapter. I placed my own reputation on the line and guaranteed that the poaching of their employee managers and suitcasing of their board members would not happen on my watch. I encouraged managers to come with their board members to our events (OK, to know me is to know I was/ am a shameless marketer) but my motives were honorable;

we had to get everyone in the same room without fear that management company clients would change management companies just because they came to a GLAC luncheon.

We began to vigilantly discourage poaching and suitcasing at CAI-GLAC events (there is a difference between being asked for information about your company and supplying a business card upon request and openly soliciting someone’s business or employees, after all). At the same time, we began to coax managers into bringing their board members to CAI-GLAC educational events. Within two years, there was a noticeable increase in board member attendance at our events and a very satisfying uptick in our ability to connect CAI-GLAC’s resources to the board members who needed them the most.

Chapter President 1994 Sandra L. Gottlieb, Esq. CCAL® SwedelsonGottlieb

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CAI-Greater Los Angeles Chapter

Remembering…

Being CAI-GLAC Chapter President was one of my greatest career accomplishments. The Chapter was very small, and I had big plans to grow the Chapter.

I realized that to grow the Chapter we needed something special to demonstrate it was worth being a member of CAI. I began to focus on programs. I believed that if we developed exceptional programs, membership would increase. We began to showcase the Chapter’s talent by presenting these exceptional programs using knowledgeable and experienced chapter leaders to add value to one’s membership.

I was also able to develop two Empowerment programs in Inglewood in response to the L.A. riots. We were able to get a recognition for the first program by the Inglewood City Council, and the Mayor made the day CAI Empowerment Day. I finished the year with an incredible annual holiday celebration where we presented awards to outstanding Chapter leaders.

It was an incredible year and a lot of fun.

Chapter President 1992 Kevin Davis, CIRMS® Kevin Davis Insurance Services

Prior to 1992, the Board did all the work. There were no committees, and the Executive Director was new and inexperienced. I established the first Programs Committee that created high-caliber programs and held them every month. The Chair of the Committee was the next President who gave the Programs Committee relevance.

We also held programs in the San Fernando Valley and in the South Bay area.

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welcome

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CAI-Greater Los Angeles Chapter

Our Thanks to Renewing Members!

As of March 31, 2018

BUSINESS PROFESSIONALS Alliance Association Bank Allied Trustee Services Association Studies.com Beaumont Tashjian Centurion Group CINC Systems Elliot Katzovitz Insurance Agency, Inc. EmpireWorks-Reconstruction & Painting Fenceworks, Inc. KB Construction Company Khatri International Inc. Mink Condominium Management & Consulting Pacific Premier HOA & Property Banking Personal Touch Cleaning & Maintenance R.W. Stein Painting, Inc. Scott Litman Insurance Agency, Inc. Servpro of Hollywood Hills/Los Feliz Servpro of Sylmar/San Fernando Valley/Sunland/ Tujunga Tri-Tech Restoration & Construction Company, Inc. Vista Paint Corporation Western Magnesite

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2018 CALENDAR OF EVENTS MAY 9-11 CAI National Conference 0

Washington, D.C. 14 Annual Golf Tournament – 8:00 a.m.

TPC Valencia, 26550 Heritage View Lane, Valencia, CA 91381 23 Downtown Luncheon Program for HOA Boards and Managers – 11:30 a.m.

Photo by Janice Gill on Unsplash

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32 Poindexter & Company, CPAs

13 Beaumont Tashjian

27 Popular Association Banking

24 Cline Agency Insurance Brokers

29 Precision Painting

23 Critter Busters

9 Reserve Studies Inc.

11 Diversified Asphalt Products

7 Sandra Macdonald Insurance

30 Ferris Painting, Inc.

6 Select Painting & Construction

30 Fireplace Solutions The Chimney Sweeper

21 Steven G. Segal Insurance Agency, Inc.

31 Mutual of Omaha Bank/ CondoCerts

29 Witkin & Neal, Inc.

28 Pacific Utility Audit

25 R.W. Stein Painting, Inc.

5 Wolf, Riffkin, Shapiro, Schulman & Rabkin LLP

DoubleTree by Hilton, 120 S. Los Angeles, Street, Los Angeles 90017

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

Chapter Office, Glendale

JUNE 06 Managers Only Breakfast Workshop – 9:00 a.m.

Blair House, 10490 Wilshire Blvd., Los Angeles, CA 90024

Advertising Information Dimensions & Rates:

Artwork must not exceed the exact dimensions of that size ad.

For more information, call the Chapter office: 818-500-8636.

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Sheraton Gateway, 6101 W. Century Blvd., Los Angeles, CA 90045

Ad Size

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

⅛ page

3½" wide x 2" high (Horizontal)

$200

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¼ page

3½" wide x 4¾" high (Vertical)

$300

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7½" wide x 4¾" high (Horizontal)

$425

$850

Full Page

7½" wide x 9.75" high (Vertical)

$800

$1,400

DoubleTree by Hilton, 21333 Hawthorne Blvd., Torrance, CA 90503

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

Chapter Office, Glendale

JULY 18 SF Valley Luncheon Program for HOA Boards and Managers – 11:30 a.m.

Warner Center Marriott, 21850 Oxnard Street, Woodland Hills, CA 91367

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

Chapter Office, Glendale 21 Essentials of Community Leadership Workshop – 8:15 a.m.

Location TBD 24

Long Beach Educational Program for HOA Boards – 5:30 p.m.

Renaissance Long Beach Hotel, 111 E. Ocean Blvd., Long Beach, CA 90802

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.

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

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

27 Game Night

Location TBD Events subject to change, see website for possible updates.

32

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CAI-Greater Los Angeles Chapter

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