Focus Magazine - November/December 2017

November/December2017

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

Personal Safety & Protection

• In Times of Disaster — The American Red Cross is There • Disaster Preparedness in Southern California • Responding to Disasters — 2017 Edition

Save the Date:

Industry Excellence Awards Luncheon January 10

Community Associations Institute Greater Los Angeles Chapter Presents

m A r k e t p l Ac e n o i t A i c o s s H om e ow n e r s A

Wednesday, December 6, 2017 Pasadena Hilton 168 S. Los Robles Ave. Pasadena, CA 91101

Featuring

• Meet & Greet HOA Service

Providers dedicated to our industry

• Opportunity to Win $100 Cash during Meet & Greet (must be present to win)

• Raffle Prizes

Admission & Self Parking • Complimentary for HOA Board Members and Managers

• Spouses & Guests: $10 Per Person

With the Gift of Free Legal Advice—A Guide to HOA Law

Schedule

BaR SPOnSOR

6:00 p.m.

Meet & Greet Service Providers

to talk about present & future projects. Enjoy complimentary hors d’oeuvres.

7:30 - 8:30 p.m.

Educational Presentation

Navigating the Waters: A Guide to HOA Law This presentation explores multiple scenarios and case studies about the everyday governance in community associations and offers essential strategies for navigating related legal issues such as insurance, liability, and arbitration. Key takeaways include practical theories, remedies, and defenses for both associations and managers.

Reservations Required.

Speakers:

Please Register by December 1

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

Phone: 818-500-8636 Online: www.cai-glac.org

Steven A. Roseman, Esq. Roseman & Associates, APC

ShOW BaG SPOnSOR

ge r Mana A board h c a for e re HO Prize s 5 or mo uests. ge r g bring ge r wh o o r m a n a Mana sts e h t t gue e for l Priz the mos a i c e p e.

S p ig ns u da nc s n e o t t h w in a

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 Neda Nehouray, CMCA®, AMS® HOA Organizers, Inc., 818-778-3331 Dick Pruess, Castlegate HOA, 626-584-0000

NEWSWORTHY

4 In Times of Disaster — The American Red Cross is There 6 Be Prepared for an Emergency. Be Red Cross Ready!

8 Disaster Preparedness in Southern California 10 Responding to Disasters – 2017 Edition 13 Build an Evacuation Plan 14 Protecting Yourself in an Earthquake 15 What About Your Pets?

16 We Volunteered at the LA Food Bank, It’s All About Giving Back 18 News from Sacramento 22 Organized Media Response for Community Association Managers & Board Members 25 Protect Your Mail 28 ‘Tis The Season To Be Tolerant 26 Don't Let the Grinch Steal Your Christmas 31 Watch Out! Your Neighborhood Watch Program Could Be a Beacon for Liability 32 Cybersecurity Matters More Than Ever Today

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

CHAPTER UPDATE

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®

FINANCE Michael Lewis, CMCA®, AMS®, PCAM®, Concept Seven, LLC GOLF TOURNAMENT Ryan Dudasik, Whitestone Painters Julia Gomes, Accurate Termite & Pest Control HOA MARKETPLACE Alan Denison, Elements Landscape Management LEGISLATIVE SUPPORT Matthew Plaxton, Esq., Tinnelly Law Group MEDIATION SERVICES Steven A. Roseman, Esq., Roseman & Associates Apc PROGRAMS/LUNCHEONS Brian Moreno, Esq., CCAL, SwedelsonGottlieb Neda Nehouray, CMCA®, AMS®, HOA Organizers, Inc. PUBLICATIONS Matthew Gardner, Esq., Richardson Ober PC FOCUS Magazine Chair Karen Kokowicz, CCAM®, CMCA®, PCAM® Coro Communty Management & Consulting Editor Matthew Gardner, Esq., Richardson 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

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

NOTEWORTHY 30 Highlights from The CAI Legal Forum

FYI

34 34 36 36 36

2017 Recruiter Contest Membership News 2017/2018 Upcoming Events Advertisers Index Advertising Information

Our thanks to the Focus Magazine Committee: Chair: Karen Kokowicz, CCAM®, CMCA® PCAM®, Coro Community Management & Consulting Editor: Matthew Gardner, Esq., Richardson Ober PC Teresa Agnew, Roseman & Associates, APC Nels Atha, CMCA®, AMS®, Common Interest Services, Inc. Lynne Collmann, CMCA, AMS, Savoy HOA Sascha Macias, CMCA®, AMS®, PCAM®, FirstService Residential AAMC® Alexandria Pollock, PCAM®, BuildingLink.com, LLC 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 © 2017.

SOCIAL MEDIA Teresa Agnew, Roseman & Associates APC Lindsay Morstad, ASR Property Restoration

All rights reserved. Reproduction in whole or in part without written permission is prohibited. CAI is a national, not-for-profit association created in 1973 to educate and represent America’s residential community association industry.

WINE NIGHT Katy Krupp, Fenton, Grant, Mayfield, Kaneda & Litt, LLP Jolen Zeroski, CMCA®, Union Bank HOA Services

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

CAI-Greater Los Angeles Chapter

Stay Connected:

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

November/December 2017 | www.cai-glac.org 1

article shows us just what we need to be ready for in California.

T

his issue, we are making a move toward planning and protection.

Rather than spending your downtime this season worrying about problems, we thought we would help you and communities face those challenges and plan appropriately for this next year.

Note

from the Editor’s Desk

The American Red Cross is our first contributor on the important topic of disasters. While many of us think about disasters, we may not think enough about how much they will impact us. The Red Cross gives us the basic background, and what efforts we can expect to see during recovery. Also, look here for helpful websites and bookmarks.

Steven B. Norris adds his insight from the engineering perspective. The first challenge is looking at the likely disasters and identifying how each disaster could impact you and your community.

Education can be an ally, and Steven gives us tips on how to keep your community informed without being terrified.

Sometimes in the big picture of planning, we forget about the reality of when the disaster hits. Jeff Taxier provides a face-to-face look at the impact from our recent hurricanes in the Atlantic. Hearing about the devastation on the ground, and knowing what it takes to get a community turned around, shows the importance of proper planning and reaction. Reading Jeff’s

Sascha Macias is ready with an evacuation plan—and wants you to be too. Thinking about disaster preparedness is not just about structures and buildings, but finding your way out of danger and toward safety. Sascha gives us the basic tips on preparing to get yourself and your residents to safety. Get it drafted, and get it distributed.

More than ever, we are seeing the daily threats to life and safety. Gina Roldan writes about how to develop a personal safety plan, wherever you are: at home, at work, or out in public. Using these tools helps us create peace-of-mind wherever we are.

And now for something uplifting: Your Giving! During this season of Thanksgiving, we are reminded of the importance of giving back. Thanks to all of you in this Chapter, we ARE giving back. Jeanie La Croix updates us on your efforts and success in the Community Outreach Committee.

Read this to find out how you can continue to help our larger community

by Giving Back this season.

This has been a big year for legislation.

In addition to the legal information we provide at luncheons, John MacDowell writes a brief summary of the changes we should expect to see. John highlights how all of your hard work resulted in significant accomplishments in California for our communities.

Rachel Miller discusses the issue of how communities should be prepared to respond to media during disasters.

Being prepared to address this unique challenge should also be a part of your planning. A calm and organized response can give your community the sense that they are in good hands, and whatever the challenge is under control.

Russell Benjamin and Amber Adelmann weigh in on identity theft and personal protection in an overlooked area: YOUR MAIL. Follow their tips on how to keep you mail and your personal information safe.

As the holiday season approaches, the number of packages increases. Expect to see your communities dealing with package theft. Alexandria Pollock wants you to share these strategies with your owners and friends to keep this season merry!

Sandra Gottlieb wants to remind us that this should be the season of love. Be mindful of how your rules affect residents’ celebration. Putting a little effort in up front ensures that you can continue to build and create a better community.

When it comes to community safety, many people think of community watch.

Sean Allen gives us the background on the creation of these committees. If your community works with residents to promote a watch program, Sean offers thoughts on how to keep your community in the clear and out of the spotlight.

Finally, Sheilah Turner writes about how to address Cybersecurity. What are the weaknesses you should look for?

What are some best practices? Look no further for the basics than in Sheilah’s latest on cyber challenges.

Thanks again for another great year.

Please make sure to give a big cheer to Joanne Peña as she does her victory lap as GLAC President. We truly appreciate her wonderful service to this Board and her friends in this Community.

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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CAI-Greater Los Angeles Chapter

Message

FROM THE President

I

t seems like it was just yesterday that I was writing my President’s Message for the January/February issue of FOCUS, and here I am writing my last President’s Message! Where has the year gone?

Our manager and homeowner leader members have had a variety of terrific educational offerings to choose from this year, whether it be FOCUS Magazine articles, Essentials of Community Leadership workshops, regional luncheon programs, manager breakfasts and/or regional HOA Marketplaces. Thank you to the Education, Programs, Marketplace, Publications and Satellite Programs committees for providing our members with these educational opportunities, and a special thank you to all our members who contributed articles for FOCUS Magazine and/or presented at one or more of our educational programs.

Thank you too to the Golf, Social and Wine Night committees for planning and executing so many great successful events to bring our members together to mix and mingle while playing golf in May, bowling in July, wine tasting in August, and gaming at Casino Night in November. And, I look forward to seeing many of you at our Holiday Happy Hour in December.

The Community Outreach Committee was busy giving back to the community at-large by organizing a number of charitable efforts this year; they collected business clothing for “Well Suited for the Job,” turned out for a “Heal the Bay” beach clean-up in conjunction with Earth Day, collected eye glasses for “Eyes of Hope,” held a food drive and worked at a local Food Bank, and of course they CAI-Greater Los Angeles Chapter

plan to hold a toy drive and “Stuff the Bus” in December. All of our members are encouraged to participate in these community outreach efforts, whether it be donating food and/or toys, or joining the committee members at the events, so please look for information about the Chapter’s community outreach efforts in 2018.

Our Membership Committee continues to promote our Recruiter Contest, and is working to grow our membership in each of our member categories: Business Partners, Managers and Homeowner Leaders. They welcome new and prospective members at our programs and events, and have begun to hold New Member Receptions at various times throughout the year.

Working quietly behind the scenes, but also deserving of our appreciation are the Business Partner and Finance Committees—and the attorneys who volunteer their time to our Mediation Services program. And our Legislative Support Committee leads the Chapter’s advocacy efforts and keeps us informed as to what is happening in Sacramento.

And, thanks to our Social Media Committee for putting CAI-GLAC “out there,” whether it be on Facebook, Instagram or Twitter!

I would also be remiss if I did not thank the business partners who so generously sponsor our educational programs and social events; without you it would not be possible for us to do what we do.

It has been an honor and a pleasure to work with the 2017 GLAC Board of Directors, and I so appreciate the time and effort these wonderful volunteers have dedicated to the Chapter. In addition to their board duties, each and every one of our board members also participates on at least one of our committees.

I wish you and yours a wonderful holiday season, and good health and much happiness in the New Year.

— Joanne Peña , PCAM® 2017 Chapter President

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 Property Restoration 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 Horizon Management Company 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.

In Times of Disaster — The American Red Cross is There Every 8 minutes the Red Cross responds to an emergency.

As you know, with all the hurricanes, fires, tornadoes and floods, this has been a very busy year for the Red Cross. Their personnel and resources have been stretched to the max as they work to provide aid as quickly as possible to people in need. The American Red Cross, which depends largely on volunteers and the generosity of the American public, shelters, feeds and provides emotional support to victims of disasters; supplies about 40 percent of the nation’s blood; teaches skills that save lives; provides international humanitarian aid; and supports military members and their families.

Just to give you an idea of their efforts during the recent hurricanes:

Overall Response Efforts ●● In the last few weeks, the Red Cross, along with community and government partners, has provided more than 1.2 million overnight stays in emergency shelters. Shelters were opened in eight states, Puerto Rico and the U.S. Virgin Islands.

This includes: ¢¢ For Harvey, as of October 31, the Red Cross has raised $429 million in donations and pledges to help people affected by Hurricane Harvey. 91 cents of every dollar they receive for Hurricane Harvey will be spent to help people affected by Hurricane Harvey.

As of October 31, the Red Cross has authorized $400 to more than 573,000 households severely affected by Hurricane Harvey. That’s more than $229 million in direct financial assistance, and applications continue to be processed.

In addition, the Red Cross is spending an estimated $45 million on sheltering, meals, relief supplies, health and mental health services.

Along with their partners, the Red Cross has provided more than 435,000 overnight shelter stays and served more than 4.5 million meals and snacks in Texas and Louisiana.

Red Cross volunteers have provided more than 127,200 mental health and health services to support and care for people in Texas and Louisiana.

They have also distributed more than 1.6 million relief items like diapers, bug spray, cleaning supplies, coolers, and comfort kits containing deodorant, toothbrushes, toothpaste and other hygiene items, in Texas and Louisiana. ¢¢ For Irma, more than 645,000 overnight shelter stays across six states, Puerto Rico and the U.S. Virgin Islands. ¢¢ For Maria, more than 141,000 overnight stays in primarily government shelters across Puerto Rico and the U.S. Virgin Islands. ●● Overall, the Red Cross has served more than 5.2 million meals and snacks, and provided more than 2.3 million relief items to people in need.

Continued on page 6

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CAI-Greater Los Angeles Chapter

REPRESENTING COMMUNITY ASSOCIATIONS IN

ALL AREAS OF REAL ESTATE LAW

• Drafting and enforcement of Bylaws and CC&Rs • General litigation, including mediation and arbitration of disputes with owners • Construction defect litigation • Insurance bad faith litigation • Collection of delinquent assessments • Providing general business advice to homeowners associations.

11400 West Olympic Boulevard Ninth Floor • Los Angeles, CA 90064 (PH.) 310.478.4100 • (FAX) 310.478.6363 www.wrslawyers.com

CAI-Greater Los Angeles Chapter

November/December 2017 | www.cai-glac.org 5

In Times of Disaster — The American Red Cross is There Continued from page 4

●● Red Cross volunteers have provided more than 154,000 mental health and health services to support and care for those affected. ●● A total of nearly 13,000 trained disaster workers, 91 percent of them volunteers, have been mobilized to support hurricane and relief efforts. Many of these workers have supported multiple relief operations or deployed multiple times. In addition, more than 4,100 spontaneous local volunteers have worked alongside the Red Cross in Texas and Florida. ●● Right now, more than 4,100 Red Cross disaster workers and more than 280 emergency response vehicles are on the ground, still helping thousands of people affected by these storms.

Be Prepared for an Emergency.

Be Red Cross Ready!

Useful Information and Resources Since this issue is about personal safety and protecting yourself and your property, we wanted to remind you of the importance be being prepared.

Are we doing all we personally can to be ready for the next disaster, whether it be a fire, a flood or an earthquake? And what about preparing our communities by providing both information and emergency training? The American Red Cross is a great resource for certification classes and preparedness checklists.

They are very willing to come out to a town hall meeting to talk to your residents about self-sufficiency; they’ll also put on CPR, first aid and AED (defibrillator) basic training classes.

Websites Here are some websites — it may be worth adding some of them into your phone now. www.redcross.org – Get trained and certified. www.ready.gov – Find out how to get emergency alerts and where you and your family would go if you need to evacuate. www.nfpa.org/Public-Education/By-topic/EmergencyPreparedness – Learn general tips, as well as what to do if your electric vehicle is submerged in water, or how to use a generator safely . www.nsc.org/learn/safety-knowledge/Pages/ Earthquake-Preparedness.aspx – Steps to take before the ground starts to shake. www.ushospitalfinder.com – Locate the nearest hospital. egateway.fema.gov/inter/nefrls/home.htm – Helps you find loved ones, if your family is separated. www.aspca.org – Helps you locate your pet, if you have been separated.

Because we care about you, we encourage people to download the free Red Cross Emergency App which can be found at redcross.org/apps.

Resources courtesy of the American Red Cross

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Being prepared means being equipped with the proper supplies you may need in the event of an emergency or disaster. Keep your supplies in an easy-to-carry emergency preparedness kit that you can use at home or take with you in case you must evacuate.

At a minimum, you should have the basic supplies listed below: Water: one gallon per person, per day (3-day supply for evacuation, 2-week supply for home) Food: non-perishable, easy-to-prepare items (3-day supply for evacuation, 2-week supply for home).

Flashlight Battery-powered or hand-crank radio (NOAA Weather Radio, if possible) Extra batteries First aid kit Medications (7-day supply) and medical items Multi-purpose tool Sanitation and personal hygiene items Copies of personal documents (medication list and pertinent medical information, proof of address, deed/lease to home, passports, birth certificates, insurance policies) Cell phone with chargers Family and emergency contact information Extra cash (partially $1 bills because stores may not be able to make change)

CAI-Greater Los Angeles Chapter

Emergency blanket(s) Map(s) of the area Consider the needs of all family members and add supplies to your kit. Suggested items to help meet additional needs are: ›› Medical supplies (hearing aids with extra batteries, glasses, contact lenses, syringes, etc) ›› Baby supplies (bottles, formula, baby food, diapers) ›› Games and activities for children ›› Pet supplies (collar, leash, ID, food, carrier, bowl) ›› Two-way radios ›› Extra set of car keys and house keys ›› Manual can opener Additional supplies to keep at home or in your survival kit based on the types of disasters common to your area: ›› Whistle ›› N95 or surgical masks ›› Matches ›› Rain gear ›› Towels ›› Work gloves ›› Tools/supplies for securing your home ›› Extra clothing, hat and sturdy shoes ›› Plastic sheeting ›› Duct tape ›› Scissors ›› Household liquid bleach ›› Entertainment items ›› Blankets or sleeping bags

CAI-Greater Los Angeles Chapter

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

November/December 2017 | www.cai-glac.org 7

Disaster Preparedness in Southern California ¾¾¾ By Steven B. Norris AIA

F

rom earthquakes, to wildfires and flooding, California has a wide variety of looming natural disasters which require prudent planning and preparation on behalf of community associations to properly manage risks. The categories of risks include: 1) damage to on-site common area property and improvements, 2) damage to private property, as a consequence of substandard performance of common area property, 3) damage to off-site property, as a consequence of substandard performance of common area property and 4) damage to on-site common area property, as a consequence of substandard performance on an off-site property.

Employing a program of education, communication and mitigation, associations can prepare for the threats common to the Southern California region.

Step 1: Document the condition of existing improvements

within a development prior to the onset of a disaster. We recommend yearly photo documentation of common area facilities and improvements, which if damaged, will assist in the processing of claims associated with insurance and/or litigation.

Step 2: Document maintenance efforts including fuel

modification zone clearing, detention basin cleaning, and storm drain system cleaning, including filtration systems.

Step 3: Verify existing on-site improvements are being properly maintained and functioning per original design intent. This becomes particularly important as it relates to common area storm drain systems. Our recent experience with newer communities, is that developers do not pass along to Homeowners Associations complete information on community storm drain filtration and containment facilities.

As a result, maintenance of these facilities is often overlooked, resulting in substandard performance during periods of heavy winter rainfall.

Step 4: Prepare a written disaster preparedness plan, outlining specific threats within the community that might manifest as a result of a natural disaster, and how those threats

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would be managed by community residents, the HOA and property managers. Include in the plan phone numbers of key contacts, including City/County personnel, the Fire department, police and location of emergency facilities.

Step 5: Identify the natural hazards most likely to impact

your community. There are a wide variety of hazard categories, ranging from earthquake hazards, to wildland fire hazards, to flooding hazards, to geologic hazards, such as mudflows and landslides.

A recent example of this concern is illustrated by a homeowners association in Los Angeles County, where wildfires denuded steep hillsides above the community, elevating the threat of mud flows, sedimentation accumulation and flooding with the coming rainy season. By adopting a plan of 1) fully documenting existing on-site conditions, 2) identifying threats associated with the denuded hillsides, and hot-spots within the community likely to impacted, 3) opening up lines of communication with City/County authorities regarding the threat condition, 4) mitigating threats where possible, 5) putting specialty contractors on retainer to monitor and address real-time conditions, and 5) managing the threat to residents through communication and education, the association can prudently plan for the challenges of the upcoming winter rainy season which are likely to have a significant impact on the community. Further, in the event of a disaster, the lines of communication would be established so that appropriate steps can be taken to communicate with community residents, document conditions as they occur and notify the appropriate governmental agencies/authorities.

Lessons Learned from the 1994 Northridge Earthquake; 22 years ago, on January 17, 1994 at 4:31 a.m. a magnitude of 6.7 earthquake struck the San Fernando Valley area of Los Angeles. This natural disaster took over 60 lives, injured more than 9,000 people and caused wide spread damage throughout Los Angeles. Were you prepared? Are you prepared for the next event? Is the HOA prepared?

CAI-Greater Los Angeles Chapter

Basic preparation steps include: 1. A ssessing HOA maintained structures and improvements before a big event, looking for fundamental weaknesses which can be readily repaired, or at a minimum identified and managed. An example of a fundamental weakness would be a “soft story” building configuration, common in older developments in the Los Angeles region.

2. Evaluating available insurance policies in consideration of identified conditions.

3. Adopting a written plan, including a communications protocol, to address foreseeable conditions that may result in the event of a disaster.

For instance, consider a four-story wood frame residential building, built on a podium deck with underlying garage.

The primary concern, during an earthquake, is maintaining a degree of structural integrity that will allow for safe exit along functional egress routes (primary life safety). These considerations would include the proper function of exit doorways systems and emergency lighting systems, which can be managed by periodic assessment and maintenance of these systems.

available list of personnel capable of performing shut down will be imperative for limiting damage to HOA structures. It is important to have an understanding of the function of each system and avoid shutdown of systems that should remain functional after a disaster (i.e. fire suppression equipment).

4. Educate residents as to the responsibility for repairing non-common area interior unit damage. For homeowners, your contents can be a potential hazard or danger during an earthquake? Any item that is unsecured, can move and be easily broken can be a potential safety hazard. As you assess the contents in your home, make note of the tall and heavy furniture that have potential to come crumbling down and cause injury and property loss. Secure these items and/or move them away from beds and seating.

By employing a program of education, communication and mitigation, associations can prepare for the threats common to the Southern California region and help their residents maneuver through the aftermath of a natural disaster. Are you prepared?

Steven B. Norris is a licensed architect, a registered civil engineer and President of Engineering Design Group/A & E Construction Forensics in San Marcos. He can be reached at steve@designgroupca.com.

Secondary concerns, often overlooked, include flooding from plumbing failures and gas line leaks. Having a written program identifying systems likely to be compromised, and a readily

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CAI-Greater Los Angeles Chapter

November/December 2017 | www.cai-glac.org 9

A

s I write this it is just a few days after Hurricane Maria has pummeled Puerto Rico. As Maria continues its course across the Atlantic Ocean, it is threatening parts of other states (particularly North Carolina).

Following closely on Hurricanes Harvey and Irma, 2017 marks the first time in recorded history that three Category 4 or stronger hurricanes have made landfall on United States territory in the same year.

Responding to Disasters – 2017 Edition uuu By Jeff Taxier

For insurance companies and restoration companies these monster storms represent either the best — or the worst — of what we can offer our customers. Before I joined ATI over 5 years ago, I spent 35 years in the insurance industry and was part of the response team for such major catastrophes as Hurricanes Andrew and Katrina, as well as the Loma Prieta and Northridge earthquakes. I can say with some certainty that much has changed and improved over the years as we all learn various lessons from responding to earlier events. Another improvement has been the tremendous changes in technology, leading to better forecasting, quicker loss reporting and easier communication tools with the public who needs us.

Of course all that goes out the window if — like in Puerto Rico — the storm has knocked out power to virtually everyone and virtually all the cellular technology.

But certainly in Texas and in Florida — with much better infrastructure — technology has really enhanced the response and repair process.

For American Technologies, Inc. (ATI), our catastrophe response is based on these guiding principles: 1. Keep an organized, trained

Catastrophe Response unit that can respond even before the storm makes landfall (or, in the case of an earthquake — right afterwards). This includes not only key employees, but relationships with key sub-contractors, labor and equipment suppliers, and

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the mobilization of our own catastrophe trailers with key equipment to start our clients on their way to normalization.

2. Communication with key national accounts that begins before the storms hit and continues as our response is enhanced.

3. Maintaining our continuing relationships and quality work product in our regular offices. There is no value in — as the expression goes — robbing Peter to pay Paul.

Companies like ours have learned over the years to not bite off more than we can chew. Some will concentrate their catastrophe response on large national accounts and other commercial clients for whom the scale of the work and their response can be both measured and done with quality. Others will continue to concentrate on the residential side of the business, perhaps because that is where they see their expertise, or their size and primary clients dictate that.

We expect to be doing mitigation and repairs in Houston and Florida for at least 1-2 years, if not longer. Human resources is a real issue — both for companies like ours in the restoration business, as well as the insurance industry. Finding additional quality full time employees is a challenge we have to solve if we are going to help these areas get back on their feet.

For companies in the restoration business, it’s important to establish a rapport with the selected insurance company adjuster.

In the case of HOAs, especially for highrise condominiums, it’s doubly important to have an understanding about who is responsible for what—and to the extent possible—gain the cooperation of specific property owners. On a couple of these projects in Florida we are tasked with working with outside adjusters and consultants to determine damages to common areas, outside walls and roofing on high-rise complexes greater than 20 stories. While Miami and Fort Lauderdale did not have the direct hit that many feared, there were wind speeds clocked CAI-Greater Los Angeles Chapter

in excess of 100 mph—enough to cause significant—if not always immediately— visible damage.

While most of the publicity about Hurricane Harvey has been about the flooding in Houston, the Category 4 hurricane hit Port Aransas, Texas, with 150-mph winds. One HOA project we are working on is a nine-story, 86-unit condominium project in the direct path of the storm. All 86 units were damaged, as well as the roof and exterior walls.

While we were initially called in to assess the primary building and common areas, access to the 86 units is going to be necessary to complete the full assessment and eventually do the repairs.

The HOA members will, of course, need to decide on the final actions, but initial conversations seem to indicate a willingness to rebuild. (See photos.)

One of the multi-family projects we are working on in Houston was, unfortunately, near a dam from which the government had to release water to avoid even worse damage. It is a three-

CAI-Greater Los Angeles Chapter

story building with 304 units, of which 203 units sustained direct flooding damage. The flood waters rose to 49" and, as you can see from these photos, major mold damage has already taken hold. We were unable to access the property for 10 days due to standing water in the area. (See photos.)

B

ecause of the hot and humid climate in Houston and the long time for the flood waters to recede these types of issues are extremely common. One of the lessons the insurance and restoration industries learned after Hurricane Katrina is that even if substantial mold is already present, early mitigation can make the overall repairs of these properties still possible. Failure to address the issues early can turn many of these buildings into total losses.

For our commercial clients, the ability to be back in business at the earliest opportunity is always paramount after a disaster. Studies following Hurricane Sandy suggest that there is a 70% chance or greater of a business not reopening at all if it is not back and running in some manner within 30 days, and a 90% chance of the business not reopening if it is not up and running within 90 days. For some of the hotels and hospitality businesses (most heavily impacted on Florida’s West Coast and in the Caribbean) the lessons learned from a Category 3 storm that hit Cabo Continued on page 12

November/December 2017 | www.cai-glac.org 11

Responding to Disasters – 2017 Edition Continued from page 11

San Lucas three years ago is very telling.

Tourists will come back! The attractions of the areas don’t change as a result of the storm. But they won’t return if the attraction/resort/hotel is not rebuilt to even better standards than before.

The Hilton Resort in Cabo was closed for 14 months but, when it reopened, they had made the investment in totally revamping the award-winning property, and it is now booked at 75% or greater capacity. Other resorts have had to shut their doors due to poor business. So it is very important for the property owners to make the financial commitment — and work with quality contractors — to do the repairs better than right.

The insurance claims being reported are astronomical. As of September 27, the Florida Department of Insurance is reporting 600,000 reported claims and the Texas Department of Insurance is

reporting 450,000 reported claims. In Texas the number of damaged properties is certainly in excess of the reported claims but due to the fact that the primary cause of loss in the Houston area is Flood and only 18% of the property owners carried any type of flood insurance (typically only offered by the Federal Government for residential customers with some commercial carriers offering this coverage for a very high premium), there are many property owners and businesses who are going to have to self-finance the repairs (or hope that the Federal Government will offer some type of bail-out).

For those of you on the West Coast, for whom hurricanes are not an issue, now may be the time to take a good look at your earthquake coverage. Don’t stick your head in the sand and be caught without coverage when the next shaker comes—because you know it will.

For restoration companies responding to catastrophes, the primary responsibility

early on is assessment and then mitigation so that the business customers can at least operate some of their business as quickly as possible. The approval process for final repairs will, of necessity, take some time, and the goal is to be there all the way with the clients, through the design, approval and reconstruction process.

Catastrophes don’t have to be disasters.

Make sure your business or HOA has an adequate Emergency Response Plan and practice it. Ensure that you will receive first attention service by entering into Emergency Response Agreements with qualified vendors.

And have a team ready to respond—to include your Risk Manager, broker or agent and emergency vendor.

Jeff Taxier is the Education and Training Manager for American Technologies, Inc., a fullservice fire & water cleanup and restoration company. He can be reached at jeff.taxier@ ATIrestoration.com.

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CAI-Greater Los Angeles Chapter

Build an Evacuation Plan ¡¡¡ By Sascha Macias, CMCA®, AMS®, PCAM® Living in a homeowners association generally means tight quarters—particularly in a multi-family building such as a condo or townhome. It is important that residents and staff in these multi-unit dwellings plan ahead and are prepared in the event of an emergency. It is the staff and management’s job to educate their residents, and do your best to make sure everyone knows the fire and other safety features in the building. Management and Owners can work together to keep the building as safe as possible, and to care for one another.

If you manage a building like this, or are a Board member governing one, you may be wondering how you can help build an emergency plan. Below are some suggested items to start with, in order to develop a useful tool for all staff and residents: MAPS – You should include locations of available exits including stairwells, roof doors, and gates. Also, where safety systems are located such as; fire pulls, extinguishers, and hoses. These should all also be clearly marked at their locations, and accessible.

SHUT OFFS – Shut off locations and procedures should be clearly documented. This should include gas, water, electric and any other systems or equipment that might be applicable to your building. Procedures for what to do in case of power loss (generators, emergency lights, gates, and elevators) should also be included here.

A manual (or several copies) should be kept in prominent, easy-to-reach locations. Each desk location or office should have one, including maintenance. Most of this information can also be disseminated to residents. If the manual is not going to be disseminated, a suggested alternative is to provide the meeting location, map of exits and shut offs, as well as an action plan which details what services management or maintenance will provide in the event of an emergency, as well as contact information as needed.

It is critical that an evacuation or emergency plan manual be treated like a working document and updated, distributed, and discussed regularly. An out-of-date manual, or one that is out-of-sight, out-of-mind will not do much good when an emergency arises. This guide is meant to be a starting point for emergency procedures in your community, and a reminder that this is an important tool that can be very useful in times of crisis. You may wish to consult a professional emergency plan development company, depending on your circumstance.

While we hope you never need to use this information, it is always best to prepare for the worst, and hope for the best.

Sascha Macias is the Los Angeles senior supervisor at FirstService Residential, a full-service management company with offices throughout the United States. She can be reached at sascha.macias@fsresidential.com.

MEETING PLACE – Preferably, you should have TWO designated meeting places for staff and residents. A primary, and a secondary in case the primary is not feasible. If possible this should be an open area such as a park, parkway, driveway away from buildings, etc.

ASSISTANCE – If management is able, a list of the elderly, disabled, or those likely to need assistance can be maintained in order to support those who may need help.

ROSTER – a list of staff and residents expected to be onsite can be maintained, to easily locate missing individuals.

CONTACT INFO – This manual should include contact information for relevant resources such as fire, police and ambulatory, as well as important vendors such as fire sprinkler, fire alarm, insurance, and any other applicable vendors. If you are not able to get back to your office, this will help you mitigate any possible damage and be efficient.

CAI-Greater Los Angeles Chapter

November/December 2017 | www.cai-glac.org 13

}During the Quake

We have always been told to get under a table or stand in a doorway when an earthquake hits. Well, there have been many other scenarios brought to light since the time we were in elementary school. If an earthquake starts while we are in bed, the American Red Cross advises that you stay there to avoid falling on debris. Lie face down to protect vital organs, and cover your head and neck with a pillow, keeping your arms as close to your head as possible, while you hold on to your head and neck with both hands until shaking stops. You are less likely to be injured by fallen and broken objects by staying where you are. We could take refuge next to a large sofa or against a wall without windows, but under a doorway is not a safe place, and could actually lead to more deaths.

Protecting Yourself In An Earthquake }}} By Gina Roldan

Avoid the stairs because there are many different types of earthquakes, and you will not know which ways your stairs will go.

}Staging Your Home

We should be diligent in staging our homes. Every room should have an emergency backpack with supplies along with a flashlight, candles, water bottles and blankets. Since there is no warning when an earthquake will hit, we always need to be ready. Staging your home also works in the event you are involved in a home burglary.

There are many items you can tuck away—such as a prepaid cell phone— and objects that you could use to protect yourself, such as pepper spray, a baseball bat, etc. It’s tough to think about, but we need to in this day in age.

}When Out and About Whenever I am out at an event or simply out to dinner with family or friends, I always look for the exits.

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CAI-Greater Los Angeles Chapter

It sounds a bit paranoid, but it is something that gives me peace of mind.

Try it the next time you are out. I bet even if you visit your favorite restaurant you will find an emergency exit you didn’t even know was there because you never really looked. The same applies to your workplace. Let’s face it—that is where we spend the majority of our time. Make sure your office building has an evacuation plan. Familiarize yourself with the exits and even where the shutoff valves are located.

Let’s make a conscious effort to research safety methods for ourselves, our families and our communities. One highly debated method is The Triangle of Life. Recent studies have shown that first responders will always look for survivors in buildings at those triangle sites. It is definitely something to think about, since we are not always in the safety of our home—and after all, we do live in California. We are rocking and rolling all the time, according to our seismologists at Caltech.

Gina Roldan is a Business Relations Manager for ProTec Building Services, a company specializing in the repair, maintenance, renovation and inspection of buildings and community common areas. She can be reached at groldan@goprotec.com

Triangle of Life

FALLING DEBRIS

TABLE

SAFETY AREA

CAI-Greater Los Angeles Chapter

What About Your Pets?

Remember, during a disaster what’s good for you is good for your pet, so get them ready today.

If you leave your pets behind, they may be lost, injured — or worse. Never leave a pet chained outdoors. Plan options include: Create a buddy system in case you’re not home. Ask a trusted neighbor to check on your animals.

Identify shelters. For public health reasons, many emergency shelters cannot accept pets.

Find pet friendly hotels along your evacuation route and keep a list in your pet’s emergency kit.

Locate boarding facilities or animal hospitals near your evacuation shelter.

Consider an out-of-town friend or relative Locate a veterinarian or animal hospital in the area where you may be seeking temporary shelter, in case your pet needs medical care. Add the contact information to your emergency kit.

Have your pet microchipped and make sure that you not only keep your address and phone number up-to-date, but that you also include contact info for an emergency contact outside of your immediate area.

Call your local emergency management office, animal shelter or animal control office to get advice and information.

If you are unable to return to your home right away, you may need to board your pet. Find out where pet boarding facilities are located.

Most boarding kennels, veterinarians and animal shelters will need your pet’s medical records to make sure all vaccinations are current.

If you have no alternative but to leave your pet at home, there are some precautions you must take, but remember that leaving your pet at home alone can place your animal in great danger!

Build a Pet Kit Include basic survival items and items to keep your pet happy and comfortable. Start with this list, or download Preparing Makes Sense for Pet Owners-Emergency Preparedness Pet Kit List (PDF) to find out exactly what items your pet needs to be Ready.

Food. At least a three-day supply in an airtight, waterproof container.

Water. At least three days of water specifically for your pets.

Medicines and medical records.

Important documents. Registration information, adoption papers and vaccination

documents. Talk to your veterinarian about microchipping and enrolling your pet in a recovery database.

First aid kit. Cotton bandage rolls, bandage tape and scissors; antibiotic ointment; flea and tick prevention; latex gloves, isopropyl alcohol and saline solution. Including a pet first aid reference book is a good idea too.

Collar or harness with ID tag, rabies tag & a leash.

Crate or pet carrier. Have a sturdy, safe crate or carrier in case you need to evacuate.

The carrier should be large enough for your pet to stand, turn around and lie down.

Sanitation. Pet litter and litter box if appropriate, newspapers, paper towels, plastic trash bags and household chlorine bleach.

A picture of you and your pet together. If you become separated, a picture of you and your pet together will help you document ownership and allow others to assist you.

Add species, breed, age, sex, color and distinguishing characteristics.

Familiar items. Familiar items, such as treats, toys and bedding can help reduce stress for your pet.

November/December 2017 | www.cai-glac.org 15

We Volunteered

at the LA Food Bank

¡¡¡

By Jeanie La Croix

It’s All About Giving Back

The CAI-GLAC Community Outreach Committee evolved eight years ago, after our chapter members were developing new and fresh ideas for our membership to become more involved within the communities of the Greater Los Angeles Area. As we brainstormed beyond our core committee’s duties for the chapter, we discovered a void focusing on our local community involvement. With community service brought to our attention, ideas were presented to offer aid the homeless, seniors, children, workforce reentry programs and domestic violence shelters. Out of our brainstorming meeting, our members embraced the idea of volunteering their time annually to the LA Food Bank to help make a difference by living up to our committee motto: 16

www.cai-glac.org | November/December 2017

A

“Helping others can change lives.”

s one of our annual committee events, we supply volunteers for the LA Food Bank, which initially started out as a way to hang out on a Saturday morning with our fellow committee members supplying meals and impacting a community demand. But as we continued to make this our annual trek, it evolved into more than just a day of service sorting food items; we began to see the faces of seniors-in-need who we were assisting. The LA Food Bank not only supplies food and nutritional needs to the community; they also partner their resources with the Union Rescue Mission for toiletries needed for patrons on Skid Row. Volunteer tasks change every time we go, since they are always based on the need of the day and the resources that are available to the LA Food Bank.

The LA Food Bank is a local non-profit that started in 1973 with 625 agencies across Los Angeles with 97% of the funds raised going directly back into their Food Bank. In 2016 they amassed 30,000 volunteers annually helping to distribute 55 million meals to 300,000 people every month. As our team leader, Ana Martinez, informed us at our September 9th outing, Food Banks all over LA are struggling to keep up with the demand for food daily to all areas of Los Angeles County.

The LA Food Bank’s resources are earmarked for several organizations, such as the Los Angeles Unified School District CAI-Greater Los Angeles Chapter

Food Programs, low-income families, senior citizens and the homeless. With a shift in the growing hardships, the middleclass demographic (which was not a part of their initial outreach) is now appearing in lines for their services. With their mantra of “No One Should Go Hungry,” our committee volunteered our sweat equity to help the LA Food Bank by sorting 9,701lbs. of assorted breads to place 8,051 meals into our local communities. Hearing the quantity of meals our Outreach Committee provided to support the local need that day in our four-hour shift, truly made our day of service and giving back gratifying.

Please check our online CAI-GLAC calendar for upcoming events, and join us at any of our events by registering online through our chapter website.

Volunteering is a single act of selflessness that brings unmeasured rewards, and we invite you to join our committee to help make a difference in someone’s life.

Jeanie La Croix is the Business Development Manager for Environmental Testing Associates in Westlake Village and one of the founding members of the Community Outreach Committee. She can be reached at jlacroix@etatesting.com.

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CAI-Greater Los Angeles Chapter

November/December 2017 | www.cai-glac.org 17

news

from sacramento

2017 CAI-CLAC ACCOMPLISHMENTS

By John R. MacDowell, Esq., CCAL

I

t has been a very busy year in Sacramento! CAI’s California Legislative Action Committee (CAI-CLAC) delegates and Legislative Advocate Louie Brown, Jr. have been hard at work advocating for those bills that would streamline our industry and trying to derail those that would complicate an already time-consuming community governance structure— and cost more money.

Here is a brief review of 2017: 2,540 bills introduced 1,733 Assembly Bills 817 Senate Bills 977 sent to the Governor 859 signed 118 vetoed Veto rate—12 percent Newsworthy Topics Affordable Housing Cap and Trade Transportation

Speaker Anthony Rendon labeled 2017 “The Most Productive Legislative Session in Memory.”

Below are our industry accomplishments: AB 1412 (Choi) – Offsite mailing addresses, Board member immunity As Introduced: This bill allows a community association to use an owner’s last known mailing address if the owner fails to respond to the association’s annual request to provide mailing addresses. It also provides immunity for members of Boards of Directors in mixed-use common interest developments, if they own no more than two units, and own only residential units.

Position: CAI-CLAC sponsored this bill.

Result: Signed into law, amending Civil Code Sections 4041 and 5800, effective January 1, 2018.

Industry Impact: This bill has two separate provisions: 1) Effective January 1, 2017, a new law required owners to advise associations annually of their mailing addresses, but did not provide guidance to associations in the event owners failed to provide an address. This bill allows associations to use owners’ last known addresses when owners do not update addresses annually. 2) Previously, Board members in mixed-use projects

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www.cai-glac.org | November/December 2017

were not afforded the same immunity as Board members in exclusively residential projects. This bill extends that immunity to Board members who own two or fewer residential units.

AB 690 (Quirk-Silva) – Disclosures As Introduced: This bill requires community associations and managers to disclose conflicts of interest. Originally, it included a provision requiring disclosure of all future management and thirdparty contractor costs over the life of a management contract.

Position: Neutral, as amended.

Result: The bill was amended and signed into law. Effective January 1, 2018, it amends Business & Professions Code Section 11504 and Civil Code Sections 4528, 4530, 5300 and 5375; and adds Sections 5375.5 and 5376.

Industry Impact: The bill will require managers to disclose potential conflicts of interest, including referral fees or ownership interests in other vendors. In an attempt at assuring transparency, the bill would have required managers to disclose future costs up front. CAI-CLAC supported efforts to advise the bill’s author about the impracticality of disclosing all anticipated and unanticipated costs in advance. These provisions were removed from the bill as amended.

AB 534 (Gallagher) – Mechanics Liens As Introduced: The bill allows owners in planned developments (not just condominiums) to obtain releases of mechanics liens, by paying a portion of the amount of the lien, or by obtaining a lien release bond. It would have required a community association to advise owners of any lien recorded against any part of the association, even separate units or lots.

Position: Neutral, as amended.

Result: After CAI-CLAC worked to amend the bill, it was passed and signed by the Governor. Effective January 1, 2018, it amends Civil Code Sections 4615 and 6658 and adds Section 6660.

Industry Impact: This bill benefits owners in community associations by allowing them to purchase mechanics lien release bonds, and by extending the ability to obtain the release of a lien to owners of lots in planned developments as well as condominiums. Because of CAI-CLAC’s advocacy, an unworkable provision which would have required associations to notify owners of all liens was limited — now associations will only be obligated to notify owners of liens against common area.

SB 407 ( Wieckowski) – Use of Common Area for Assembly or Non-Commercial Speech As Introduced: This bill gives certain free speech rights — to meet, canvass, and distribute material — to owners and residents of community associations. An early draft would have allowed members of the general public to attend meetings in common area facilities, even if the association ordinarily would not allow public gatherings.

Position: Support as amended.

CAI-Greater Los Angeles Chapter

Result: The bill was amended following CAI-CLAC’s advocacy efforts and signed by the Governor. It adds Civil Code Section 4515, effective January 1, 2018.

Industry Impact: Community associations will not be required to allow members of the general public access to common area facilities for political events; so this bill will not require associations to become places of public accommodation subject to the Americans with Disabilities Act. SB 407 will allow owners and residents to use common area facilities for meetings related to association issues, legislation, elections to public office, and public ballot measures. Associations cannot require users to obtain insurance or pay a fee for the use of the facilities. The bill will also allow owners or residents to canvass and distribute information about these issues.

2018 Trends

Louie Brown, Jr. spoke at CAI’s California State Legal Forum about trends affecting community associations in the California legislature and what to expect in 2018. Here are the highlights: Housing Challenges will continue…

Average home costs $440,000, about two-and-a-half times the average national home price ($180,000) Only Hawaii is more expensive San Francisco is more than double the state average and six times higher than Bakersfield, the least expensive metro area.

California’s average monthly rent is about $1,240, 50 percent higher than the rest of the country ($840)

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

San Francisco – $2,000 for a two-bedroom apartment Bakersfield – $800 California is expected to build 100,000 – 140,000 housing units per year, which is about 100,000 too few.

2018 Issues

Election year All Statewide Offices US Senate Race Assembly Senate Governor Brown’s Last Hurrah!

Climate change Budget certainty Moderates vs. Extreme Legislation Balconies and walkways – SB 721 Fees

We look forward to another very productive year in 2018 and appreciate your encouragement and support of our legislative advocacy efforts on your behalf.

John R. MacDowell, Esq. CCAL is the 2017 Chair of the CAI California Legislative Action Committee. He is also a managing shareholder of Fiore Racobs & Powers APLC and responsible for the supervision of all litigation for their Orange Country office. John can be reached at jmacdowell@fiorelaw.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.

CAI-Greater Los Angeles Chapter

November/December 2017 | www.cai-glac.org 19

99.7%

Goal: $24,543

of goal as of 11/15/17 $24,462

OUR THANKS TO 2017 CAI-CLAC CONTRIBUTORS January 1 – November 15

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. 1082 West Del Amo Pacific OA 1144 Seventeenth Street HOA 1242 Berkeley Street HOA 1715 California Ave HOA 1835 7th Street HOA 2017 Ketch to Jib Townhouses HOA, Inc. 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

20 www.cai-glac.org | November/December 2017

Bougainvillea Townhomes Bridgette Tabor Budlong Villas HOA, Inc. Cardiff Court HOA, Inc. Carolwood HOA, Inc. Casa de Suenos CA Casa De Valley View OA, Inc. Castlegate HOA Cedar Glen HOA Chateau Delgany Estates COA, Inc. Culver Centrale HOA Culver City Gardens (Lincoln Archways) Del Prado HOA Design Villas HOA Eight on Twenty HOA Eight Seventeen Sixth Street HOA El Segundo Peppertree HOA Encino Townhomes HOA Five Ten Forty Inc. Fourth Street HOA Florwood Estates HOA Glendon Manor HOA Gorham Park HOA Grand Kansas HOA Hacienda HOA Harbor Village Owners Assn.

Harbour Park Terrace HOA Hermosa surf Condos, Inc. Highlands OA Hillcrest Meadows HOA, Inc. Hillcrest Rolling Hills HOA, Inc. Hopi HOA Idaho Villas HOA Irena Vista OA Janet Powers Kelton Arms COA Kester Villas HOA La Pointe MA Lawford HOA (Hayvenhurst CA) Lita Murray Longfellow Village OA Main at the Beach HOA 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

CAI-Greater Los Angeles Chapter

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 Cynthia HOA Villa Del Sol Villas HOA Villa Serena CA, Inc. VIP Goshen Association Virgil Courts HOA Vogue Condominium Association Westchester Playa del Sol HOA 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

888.909.7403 | 916.550.9488 fax | www.caiclac.com

A Buck a Door or More Makes Sense!

CAI-CLAC is working toward legislative solutions that are right for California homeowner associations with the ongoing and generous support of HOA communities across the state.

Join CAI’s award winning “2013 Legislative Action Committee of the Year” and do your part by contributing a “Buck a Door or More” from your association.

Insuring Common Interest Developments Throughout The West

CAI-Greater Los Angeles Chapter

November/December 2017 | www.cai-glac.org 21

Landslides, deck collapses and other disasters bring the media to the doorsteps of community associations all the time. Even the Las Vegas Shooter lived in an association, and the association’s management company and board of directors had to face the “media storm.” If they haven’t already, the media will visit your association. Their visit may be planned, or it may be unexpected, and you must be prepared to respond. This discussion will help you deliver an organized, accurate and calm response. Media interaction or statements often involve a crisis, disaster or controversy, but it can also be a great tool to educate the public about associations.

“DESTRUCTION WITHOUT DEATH,” The New York Times “YOU COULD HEAR THE GROUND CREEPING UNDER,” USA Today “DREAMS CRUMBLE ALONG WITH HILL,” The Los Angeles Times While this may sound legendary, this is a very real example of what each of you as professional association managers or volunteer board members could potentially face.

Fast forward to 2015 and the Berkeley deck collapse, which brought the national and international media to another one of our community association clients. During the early hours of Tuesday, June 16, 2015, thirteen college students attending a birthday party were standing on the 4th floor balcony of the Library Gardens apartment building in Berkeley. It suddenly collapsed, leaving six people dead and seven severely injured. Why did the media come to us? Because the same contractor who built the association we represented, also built the Berkeley building. The media uncovered nearly $30 million in confidential construction defect payouts on other apartment and condominium associations by this same local contractor.

What would you do if the Los Angeles Times showed up on your doorstep wanting to tour your community and asking to speak directly to your owners?

Organized Media Response for Community Association Managers & Board Members

Offensive v. Defensive Media Response

My Community Association Media Response story goes back to 1998 when the Laguna Niguel Landslide occurred.

Today, we continue to be at the forefront of media response for associations faced with disasters. At 4:00 a.m., a giant hillside in Laguna Niguel began to crumble and homes literally broke off of the hilltop. We represented the condominium association at the bottom of the hill, and were on site by 5:00 a.m. along with the media! What would you do if seven TV reporters, two radio reporters and five newspaper reporters were all at your association at 6:00 a.m.? It didn’t stop. By 11:30 the helicopters came back, buzzing overhead for the noon news programs. This continued for the 5:00 p.m., 6:00 p.m. and late evening news programs. Here are some of the headlines:

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We have learned over the years that there is nothing to fear. Reporters just want the truth, and they rely on each of us to get that truth to the public. To get to that truth, there are two ways to consider your approach to media response. Namely, an offensive and a defensive approach.

In the offensive position, media response includes taking an active role in providing information to the media. You have the control to organize calls, interviews and plan a visit. You can create the story instead of having someone create it for you.

Defensive media response begins with the unplanned visit.

Controversy is not necessarily a bad thing. It can give you the chance to reach large numbers of people with your community’s point-of-view.

Both of these approaches occurred while we helped our association respond to the Berkeley deck collapse. Yes, this occurred at an apartment building and it was devastating.

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However, it gave us the opportunity to educate the media and public about community associations. We got to explain that this condition occurs at associations too. We explained who is responsible for common area repairs, what an association’s duties are to its owners, and why a reporter should speak with the manager or a board member and not an owner about their specific story.

media response can involve inaccurate reporting, tabloid shows and more. What if an article says something untrue or distorted about your association or even fails to tell the whole story? What is important to you may be trivial to the press and the public. But we can’t attribute bad motives to the press or question their integrity.

The Offensive Approach to Media Response

Be prepared with facts, details and a spokesperson should a crisis occur.

1. If a crisis or controversial event does occur, call on any reporter who has visited to make sure your story is accurate, even if the reporter does not call you.

2. Never say “No Comment.” You can ask to call the reporter back with a prepared response.

3. Always respond. Studies show that the public perceives anyone that is credited with “Could not be reached for comment” as guilty and finds fault with this response.

You provide a service when sending out a news release or educating a reporter. It involves: ¡¡ Introducing yourself to the media; ¡¡ Planning a story/press release; ¡¡ Deciding who is the best spokesperson (the manager, the board member, etc.); ¡¡ How to get your story across; ¡¡ How to follow up with reporters.

Reporters will advise your association whether: 1. It is all right to acknowledge there is another point-of-view to the story they are writing.

2. In legal situations, when it is appropriate to refer them to legal counsel.

The Defensive Approach to Media Response

Here are some tips:

Tabloid Shows There is no question that they are sensational and exploitive.

Katie Couric once did a story on an association that forced the parents of a terminally ill boy to remove their tree house, the very thing that this boy cherished in his dying days.

If you are the object of a media attack, be prepared with your strongest response while trying to maintain dignity. Defensive

Continued on page 24

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November/December 2017 | www.cai-glac.org 23

Organized Media Response for Community Association Managers & Board Members Continued from page 23

Advice from the experts includes: ¡¡ Don’t try to win them over with charm; ¡¡ Don’t try to outsmart them by confronting them aggressively; ¡¡ Don’t try to outrun them (a camera from the back doesn’t present your best); ¡¡ Don’t decline an on-camera conversation, but do offer a prepared statement in writing; Bottom Line: keep your emotions in check.

Introducing Yourself to the Media Reporters like to receive information from the public because it gives them the facts they need to write their stories. It is a good idea to know the paper/magazine/show before you write to them. This allows you to plan your own story. The best format is a press release, but a simple letter will also do. All of this goes a long way to: ¡¡ Educate and inform; ¡¡ Create or increase awareness; ¡¡ Create or change an image; ¡¡ Respond to critics.

The American media will always be attracted to covering community association matters. Knowing how to respond to media inquiries in an organized manner is the best way to protect the value and image of your association and our industry.

Rachel M. Miller, Esq. is the Senior Partner of The Miller Law Firm, which specializes in providing legal representation in the resolution of construction defect claims. Rachel can be reached at Rachel@ConstructionDefects.com

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Protect Your Mail «««

By Russell Benjamin, CMCA®, and Amber Adelmann Do you think that mail theft is worthy of the death penalty?

Surprisingly, Congress did indeed impose this in 1792. These shadows of our past reveal the serious impact mail theft crime had, and still has, on our citizens. Though we don’t have the death penalty for mail theft today, the punishment definitely includes a death of freedom, trust, finances and other life structures, at least for a time.

Just recently, a publication from the Department of Justice was released about Cynthia Mills, “known by the company as one of the best and most trusted employees.” Unbeknownst to her team, she had been slowly stealing money for 16 years. Using wire fraud, tax evasion, money laundering and mail fraud, funds added up to almost thirteen million dollars. Eight years in prison will begin, with this debt tied to her ankle.1 Mail that contains valuable, personal information is exploited every day. That is why the United States Postal Inspection Service goes to great lengths in protecting each piece—however, they are not the only factor in keeping our communities protected from thieves.

Every day, about 700 million pieces of mail are delivered to U.S. households and business, and every day, postal inspectors make roughly ten arrests for mail-theft offenses.

“If left unchecked, mail theft could erode the mailing public’s confidence in what federal statutes refer to as the sanctity of the seal.” Inspectors urge the public to be especially aware of these particular factors:2 ★★ Never send cash or coins in the mail. Use checks or money orders. ★★ Contact the issuing agency immediately if any items you were expecting have not been delivered. ★★ Never leave outgoing or received mail in the mailbox overnight. Remove it promptly, or ask a trusted friend to pick it up. ★★ Have your Post Office hold your mail while you’re absent from your home for a period for time. You can do this online at usps.com ★★ If you change your address, immediately notify your Post Office and anyone with whom you do business via the mail. ★★ Consider starting a neighborhood watch program. ★★ If you have concerns about security in your neighborhood, place mail in a collection box in another area, in a secure receptacle at your place of business or at a Post Office.

1 2 3

★★ Use the letter slots inside your Post Office for your mail, or hand it to a letter carrier. ★★ Report all suspected mail theft to a Postal Inspector. ★★ Consult with your local Postmaster for the most up-todate regulations on mailboxes, including the availability of locked centralized or curbside mailboxes.

Most likely, you have held the door for a friendly face walking behind you from time-to-time, not thinking twice about the possible repercussions. You might now worry about your mail piling up while you’re away for the weekend, other than being messy. This seemingly simple act of kindness and laziness can unfortunately give thieves access to an allegedly secure building, clues to your absence, and a stack of valuable information at their fingertips.

One of the biggest concerns with stolen mail is identity theft.

California ranks the highest in identity theft cases. In 2015, 55,000 people were targeted, and about half of those fell prey to losing funds. Within this statistic, the most vulnerable hub of information stolen is from official papers generated from work. Tax forms and social security numbers, bank accounts and contact information and more. If one piece of mail contains an active credit card, cash, your social security number, blank checks or bits and pieces of valuable information, you might be vulnerable to a great loss.

The Bureau of Justice Statistics states that 7% of U.S. residents were identity theft victims in 2014; that’s 17.6 million Americans.

“Most victims experienced the misuse of an existing credit card or bank account”3 resulting in a direct loss of funds, many of which were never recovered. Two years later, 16 billion dollars were stolen in the course of one year. Mail theft continues to be a puzzle piece for many of these thieves, and while it is on the rise, we must have hope that working together in our communities can result in a dramatic decrease of crime.

The Postal Service urges homeowners to stay aware of their surroundings. They state that “just as you wouldn’t leave your valuables on the seat of your parked car, you should never leave your mail in the mail box overnight.” With deliveries to more than 150 million addresses, we can’t do the job alone.” The postal workers need your help to create a safe environment. “If you see something, say something. Protect your mail” says Stacia Crane, the Public Information Officer for the United States Postal Inspection Service. $107 billion dollars has already been absorbed by criminals since 2011. Mail theft and cybercrime is on the rise, but by taking these precautionary measures, and reporting what we experience, statistics can change.

Russell Benjamin, CMCA, is Vice President and Amber Adelmann is his assistant at Coro Community Management & Consulting, a full-service management company in Sherman Oaks. Russell can be reached at russell@coro4myhoa.com.

https://postalinspectors.uspis.gov/radDocs/092917%20Cynthia%20Mills%20Sentenced%20($13M%20embezzlement).pdf http://about.usps.com/publications/pub162.pdf https://www.iii.org/fact-statistic/facts-statistics-identity-theft-and-cybercrime

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company holiday parties or a family vacation. People with bad intentions make their way into residential communities behind UPS, FedEx, and the USPS, and look for unattended boxes to steal. This is especially prevalent during the holiday season, as reported annually by nearly every local news channel in Los Angeles.

Don’t Let the

Grinch Steal Your Christmas

Tips to Keep Packages and Property Safe During the Holiday Season ÜÜÜ By Alexandria Pollock CCAM-HR®, PCAM®

T

he holiday season is a joyous time of year, full of celebration and giving, travel and time with loved ones. It is a time filled with… SHOPPING! Yet there is a sinister lure to the holiday season that can be a risk for communities and their residents. There is greater opportunity for theft.

There is no doubt over the exponential rise in Americans’ online shopping habits due to the ease of finding anything — literally anything (thank you, Google) — at the lowest possible price. Internet retailers like Amazon.com have changed the way people do their holiday shopping.

Adobe Insights reported that online sales between November 1 and December 31, 2016, reached a staggering $91.7 billion, up from $82.5 billion in 2015. If online shopping trends continue to grow at such a rate, imagine the number of packages that will be piling up on doorsteps, package rooms and front desks in the communities we live and work in. Unfortunately, there is not always a guarantee the package will still be on the doorstep when online shoppers return home from

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If you manage or live in a community with a manned front desk or onsite staff, there can be a higher level of control over package acceptance and delivery. However, there are still measures that can be taken to ensure packages safely make it to their recipient without interference. First, encourage residents to leave specific written instructions for when they will be away, and how they wish their packages to be handled. This can be done through an email or online community portal if available, and lets building staff know exactly how to handle items. Encourage residents not to schedule deliveries to arrive when they will be away for an extended period of time, as that can clog up package rooms and lead to an increased chance of misplaced items. If building staff delivers packages to residents, consider implementing a policy that requires a resident’s signature and/or a person present at home to release a package. This can be an important record when a resident believes a package has been lost or stolen.

“Remember that the holidays can be an extra-stressful time for residents when it comes to package delivery,” says Jake Parvino, general manager of a high rise building with Seabreeze Management Company. “I work with my concierge staff to be efficient in entering packages into our package tracking system immediately when they are delivered to the front desk, and to pay special attention to residents’ package handling instructions. I would hate for a surprise present ordered by a resident to be inadvertently given to their significant other by mistake!”

For communities without onsite staff, it is equally important that residents do not receive deliveries when they are away for an extended period of time. Ideally, residents should schedule deliveries when they will be home to accept them. If that is impossible, encourage residents to coordinate with neighbors to bring packages inside for them until they return home.

Whether or not there is a “Neighborhood Watch” in place, neighbors can look out for each other and alert management and local law enforcement when they see something or someone in the community that appears out-of-place.

Access-controlled communities provide an extra layer of protection in keeping unwanted visitors out. However, holiday entertaining creates a perfect opportunity for uninvited people to pose as guests to try and gain access to a property. Encourage your residents to help reduce this risk by preauthorizing their visitors. If they are hosting a holiday event, have residents leave a list of names at the guard gate or front desk. Warn residents not to allow people to follow behind them into the community through a locked or access-controlled gate, or tailgate their car into garages. It may be challenging to try and convince residents CAI-Greater Los Angeles Chapter

not to hold doors open for those coming in behind them, but that simple gesture of courtesy could permit entrance to a criminal.

A

nother popular target year-round, and especially during the holiday season, is people’s vehicles. After holiday shopping, it is easy to come home and leave cars loaded with the purchases of the day. While residents may intend to unload their car at a later time, or hide the purchases from the curious eyes of their children, these packages can attract unwanted attention. Residents should never leave packages or presents visible in their cars, whether or not the vehicle doors are locked.

According to Guillermo Amador, Executive Vice President of Guard-Systems, Inc., “Holiday shopping, travel, decorating and partying associated with personal and business events increases the risks for crime, fire and accidents. Being in a festive mood is wonderful; however, it can lend itself to an indirect behavioral distraction.” He recommends that you keep personal belongings in the trunk of your vehicle, and avoid parking structures with poor lighting.

Finally, holidays may mean time off work in which to travel.

We should all be so lucky! Residents should follow a few simple steps to protect their property if they are away for the holidays. All angle stops at toilets and sinks should be turned off to prevent leaks. Doors and windows should be locked to lessen the likelihood of unwanted entry. Ask a

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friend or neighbor to check inside the house or unit at least once weekly to be sure everything is in order. Alert the post office to hold mail. A mailbox left full of credit card bills could lead to greater chances of identity theft. Suspend newspaper deliveries, as a stack of newspapers left at a front door is a sign to potential thieves that no one is home and the house is an easy target. If there are holiday lights decorating the inside of a home, such as a tree, all lights should be unplugged and off when the resident is away. To stay safe during holiday travel, Amador advises, “Always be aware of your surroundings, never travel alone (if possible), always alert your love ones [of] your whereabouts, and immediately report any suspicious activity to local law enforcement (911).”

In the unfortunate event that a theft or incident occurs in your community, communication is critical. Managers, do not be afraid to be transparent with your residents if a theft or trespass is reported to you. Use your community newsletter, bulletin board, website, or social media to remind residents to be alert during the holiday season; and encourage residents that if they see something, they should say something!

Alexandria Pollock is the West Coast Regional Sales Manager for BuildingLink.com LLC, a company that provides management systems to luxury residential properties worldwide. She can be reached at alexandria@ buildinglink.com.

November/December 2017 | www.cai-glac.org 27

From November through December of each year we greet each other with the phrase “Happy Holidays,” focusing on both words “Happy” and “Holidays,” During this time, people of all ages, religions, faiths and ethnic backgrounds will join in celebrating everything from Thanksgiving, Hanukkah, Kwanzaa, Christmas, New Years and beyond. But, just as one homeowner takes pleasure in untangling and displaying holiday lights, another homeowner may find the same holiday decorations offensive or annoying.

What are the rules?

Most CC&Rs do not contain restrictions that apply to holiday decorations specifically (nuisance provisions are arguably applicable). However, adopting a complete set of rules and regulations can help associations preserve the community’s aesthetic value while encouraging seasonable celebrations.

Consider the issues that you are trying to protect before creating a complete prohibition on holiday decorations.

‘TIS THE SEASON TO BE TOLERANT

Holidays can and should be viewed as opportunities to embrace homeowner individuality. Remember the phrase, “Happy Holidays”. Therefore, rather than advocate a wholesale prohibition, an association should establish dates for installation and removal of holiday decorations, as well as definitive, but reasonable guidelines for certain types of decorations.

An example of a reasonable rule is one that requires that holiday lights be turned off by 10:00 p.m. during weekdays and possibly a later time on weekends. With regard to removing decorations, associations should be reasonable as well; for example, a rule requiring decorations to be removed by mid-January would likely be reasonable whereas a rule requiring decorations to be removed by January 2nd may not be reasonable. The association’s rules may allow homeowners to apply for an extension due to extenuating circumstances.

Building a Sense of Community in Spite of Holiday Decoration Rules Though homeowners’ personal tastes are not within the association’s realm to regulate, it is within the association’s control when decorations violate use restrictions found in the association’s governing documents, including its rules and regulations. Even when decorations are not in violation of an association’s governing documents, many residents find that holiday decorations detract from the community’s aesthetics, and many boards are stuck in the middle, not able to make either side happy.

Who creates the rules?

To assist the board in developing rules that will hopefully foster community-wide support, a board may want to consider appointing a Holiday Committee to develop and recommend decorating rules and regulations. Written surveys or forums can be used to obtain homeowners’ input before presenting potential new rules to the board of directors for their review and approval.

Including members in the rule making process will likely result in individual issues being addressed, leaving less room for potential discrimination or disparate treatment claims.

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The health and safety of homeowners and the community should be a primary consideration when adopting rules. For example, to guard against the risk of fire in hillside communities, heavily wooded areas or areas where there is extensive dry brush, an association could require that all holiday lights hung on the roofline be UL rated or specified for outdoor use only.

Similarly, during periods of drought, or in communities with wooden structures, an association may prohibit installation of electrical decorations on trees and bushes.

It should also be noted that in condominium associations, the association can generally prohibit homeowners from affixing decorations to the common area (patios, balconies, etc.). But prohibiting all decorations not attached to the common area would likely be unenforceable pursuant to Civil Code Section 4710.

How to adopt the rules?

Don’t forget about Civil Code Section 4360. The Civil Code requires that rules be discussed in open session, forwarded to

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the homeowners for a 30-day comment period, approved in open session, and distributed to the homeowners within 15 days of the approval date. Accordingly, associations should begin considering holiday decoration rules in early October to allow for enough time to adopt rules in accordance with the Civil Code, if not already adopted. If an association already has applicable rules, a good way to remind homeowners of the rules is to publish the rules on the association’s website and/or in the association’s newsletter.

Now you have rules… how do you encourage participation?

Awarding prizes for the best decorated home or the most effective use of holiday lights can motivate participation from homeowners who would otherwise choose not to decorate.

And contests involving children are an excellent way to involve their parents. Contests can also be an effective way to encourage homeowners to fulfill their ongoing maintenance obligations. Residents who decorate their home during the holidays may become more aware of the condition of their property and may take a more proactive maintenance role throughout the year.

Beware! Not all holiday contests can lead to nirvana.

Instead of building a sense of community or preserving the aesthetic value of the community, what begins as an innocent community holiday decorating contest can escalate into

a holiday war. We have all seen the 20-foot, illuminated Christmas tree extending from the neighbor’s chimney so bright as to cause a traffic jam on the overlooking highway. If there is a prize to be had and egos are involved, the creative possibilities are seemingly endless.

In Dallas, Texas, a block of neighbors living in a cul-de-sac adopted a “Twelve Days of Christmas,” theme, and each home was decorated to represent one of the twelve days. You can just imagine the home with the partridge in a pear tree next to the home with two giant illuminated turtledoves. News of the contest quickly spread, congesting the neighborhood with looky loos. Of course, if the entire community embraces this idea and is not bothered by the increased viewing traffic, this type of contest may well help to build community spirit. However, decide in advance how far your community is willing to go. Although more rules and regulations will not necessarily satisfy the community’s Grinch, reasonable rules are an effective way to balance competing emotionally charged interests during the holidays.

Happy Holidays!

Sandra L. Gottlieb, Esq., CCAL is the managing partner and head of the transactional division of SwedelsonGottlieb, a law firm that exclusively represents community associations throughout California. Sandra Gottlieb can be contacted slg@sghoalaw.com,

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Oct. 20, 2017 | Universal City, CA Oct. 20, 2017 | Universal City, CA

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Forum CALIFORNIA COMMUNITIES

On October 20 more than 344 community managers, board members and homeowner leaders attended a one-day educational conference at the Sheraton Universal Hotel in Universal City. Pre-Forum optional activities were a California 8-Hour Law Course, a Business Partner Essentials Class and a California Legislative Action Committee (CAI-CLAC) Fundraiser.

Organized by the California Chapter Executive Directors and CAI-CLAC, this event included educational sessions on key legal topics presented by expert panels, a trade show and a networking reception. We hope that those who attended left the event more informed, more engaged, and able to contribute effectively to a successful community.

EVENT SPONSORS

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Breakfast Sponsor Lunch Sponsor Tote Bag SponsorS

Associa-PCM Peters & Freedman, L.L.P. PMP Management AAMC Ross Morgan & Company AAMC

Cocktail Sponsors

BrightView Landscape Services EmpireWorks Reconstruction & Painting FirstService Residential AAMC O’Connell Landscape Maintenance Park West Landscape Management The Miller Law Firm

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ensuring the safety of the community’s residents. Thus, your neighborhood watch program should not be established as an official committee of the association, or otherwise affiliated in any official manner. Instead, it should be made up entirely of homeowners who volunteer to participate. Watch participants should not be chosen, influenced, or controlled by the association, and the neighborhood watch should not report to the board of directors in any manner.

Second, neighborhood watch members are not law enforcement. Participants must clearly understand what their roles entail, and what they do not. Their scope should be “observe and report.” Nothing more. If watch participants witness anything unusual or criminal taking place, they should call 911 or the local police department, and they should refrain from getting involved further. Participants should not wear badges, uniforms, or carry weapons. They should be passive observers at all times, reporting their observations to law enforcement, and never directly confronting criminals.

Watch Out!

Your Neighborhood Watch Program Could Be a Beacon for Liability.

Sean D. Allen, Esq. The United States National Neighborhood Watch Program was developed in the late 1960’s, and officially enacted in 1972 in an effort to assist citizens and law enforcement with crime prevention. The program is comprised of community volunteers who maintain a visible presence and report suspicious activity to law enforcement.

Neighborhood Watch programs can provide significant benefits to your communities. However, they can create a minefield of liability issues if not properly established. What follows are two vitally important points to keep in mind when your residents, board of directors and community managers are considering the implementation of a community watch program.

First, a neighborhood watch should be exclusively a resident effort, not an official association responsibility. Your association and its board of directors are charged with maintaining the association’s common areas and enforcing its rules. The association, the board of directors and management should never assume the responsibility for providing security or for

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The reason for these limitations became abundantly clear after the fatal shooting of Trayvon Martin in 2012. George Zimmerman, the man who fatally shot Trayvon Martin, was the neighborhood watch coordinator for his gated community where Trayvon Martin was visiting his relatives at the time of the shooting. The residents of the community had recently held an official organizational meeting to create a neighborhood watch program, and Zimmerman was selected by his neighbors to serve as the program’s coordinator and the neighborhood watch captain. As an officially-sanctioned association program, the Martin family had sufficient cause to pursue the homeowners association for the wrongful death of Trayvon. The Martin family eventually settled their wrongful death claim against the association, and while the details of the settlement agreement were sealed under court order, and the amount of the settlement has not been formally disclosed, it is rumored to exceed one million dollars.

If members of your community express an interest in forming a neighborhood watch please direct them to the local police or sheriff’s department to obtain the information and training they need to perform the role safely. That training will reinforce the idea that the neighborhood watch’s job is to “observe and report” only. Residents should be advised that they are free to coordinate a neighborhood watch program among themselves, but that the association will not authorize or participate in the program in any official capacity. By doing so, your association will stand the best chance of benefitting from the community watch program while avoiding any potential liability that it might create.

Sean D. Allen, Esq. is a senior attorney with Roseman & Associates, APC, a law firm serving community associations throughout California. He can be reached at allen@raattorneys.com.

November/December 2017 | www.cai-glac.org 31

W

e live in an era of ever-increasing threats to our identity and security. This growing concern is particularly strong in online environments, where nefarious and cunning characters now make a living off of sabotaging others’ livelihoods, hacking into their bank accounts, and stealing their very identities.

Using an ever-growing array of technologies and tools that include virus-ridden and destructive software known as “malware,” these hackers and cybercriminals are a true threat to us all.

against becoming part of this unsavory statistic, it’s best to take some steps right up front. Those steps include:

●● Creating strong, unique, complex, and long passwords.

Use upper and lowercase letters, numbers, and symbols, and make your password from 10 to 14 characters. ●● Avoid using the same password for multiple accounts. The recent breaches of Yahoo! and other online portals put your online credentials at increased risk because many Members of HOA Board of Directors and principals of property Americans use the same password across different portals. management companies bear many responsibilities and duties.

The hackers simply take the stolen credentials from one Chief among them in 2017 America is the vital fiduciary portal and try them across different portals, gaining access responsibility to keep an association’s to otherwise secure systems. confidential and sensitive information ●● Change your password three-toCYBERSECURITY MATTERS from falling into the wrong hands. To four times every year and avoid MORE THAN EVER TODAY. properly protect everyone involved from using dictionary words. fraud, it’s also imperative to ensure safe online handling and management of Don’t Fail At Email association funds.

Email providers can’t guarantee your cybersecurity when you sign up for According to Microsoft’s 2016 Trends their services. Hackers know this and in Cybersecurity, there are now more strategically attack email providers to than 6,000 software vulnerabilities gain access to user accounts. Fight back disclosed each year — with a staggering with some strategic moves of your own.

41.8 percent of those vulnerability Those defenses include: disclosures rated as “highly severe.” ●● Create a separate email account for In other words, cybersecurity matters association/company business use. today — more than it ever has before. ●● A gain, use strong and unique WHAT CAN YOU DO ABOUT IT NOW? There’s so much at stake to us all, passwords that contain a symbol, lll By Sheilah Turner personally and professionally. And number, and letter, and change with each passing day, there are more them at least every 90 days. Avoid using the same cybercriminals and identity thieves passwords for multiple accounts. lurking in the shadows of our uber-connected and always-on ●● Only access email accounts from secure networks. Never society. Unfortunately, their methods, technologies, and skill levels access email from public Wi-Fi hotspots, which can be are only expected to grow and evolve in both complexity and reach. easily compromised. A recent vulnerability code-named How can we all do our daily best to safeguard both ourselves KRACK “Key Reinstallation Attacks” allows an attacker and the communities we are entrusted with protecting? within range of a victim Wi-Fi spot to read information What steps and measures can we take to better ensure our that was previously assumed safely encrypted. This cybersecurity right now — and well into the future? vulnerability will linger and lurk around for many years, as it requires Wi-Fi spot owners to update their hardware Make Cybersecurity a Priority — something not every person or business is willing or Cybersecurity is a deeply important issue facing HOA capable of doing. banking today. Threats and cyberattacks are not only real, but ●● Always verify with the sender before opening an also really common. Fortunately, there are measures we can attachment or clicking on a link embedded within an all take as individuals and organizations to enhance our odds email. Remember, this is how malware spreads. of not falling prey to cyberattacks or online fraud.

Password, Please

These measures begin with your passwords. When it comes to guarding against cybercriminals and ensuring cybersecurity at all levels, think of your password as your first line of defense. Online hackers’ technologies now work effectively enough to break two-thirds of all passwords. To safeguard

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Surf The Web Wisely

The web is a complex network that’s utilized by just about anyone and everyone, and every device on the internet can be hacked.

Many cybercriminals create “clones” of well-known websites, then use them to capture user information and credentials. To stay safe on the web, there’s several things you can do now.

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●● Keep your computer software up to date, including your web browser. ●● Maintain at least a “medium-high” level of security on your browser settings. ●● Look for a “padlock” icon next to a site’s URL in your browser. ●● Block ads and pop-ups. Never respond to pop-ups requesting information. ●● Never download anything from unknown sources or sites. ●● Always log out after conducting any online banking (be sure to end/close sessions).

Corporate Account Security

Corporate Identity Theft (aka Corporate Account Takeover) is the business equivalent of personal identity theft. It occurs when criminal hackers use malware to take control of your computer or mobile devices and steal your online business credentials. Those credentials are then used to initiate fraudulent banking activity.

Remember, your devices can become infected with malware when you open an infected document that was attached to an email — or an infected website link within the body of an email. Malware can also be downloaded to a device when you visit a legitimate site — especially a social networking site — and attempt to open a document, video, or photo posted there.

Once malware has infected one of your devices, it often has the ability to quickly identify and infect other devices within an internal business network. What’s worse, this infection can often occur without your detection or knowledge.

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requesting account information, account verification, or banking access credentials such as usernames, passwords, token codes, and similar information.

Opening file attachments or web links in suspicious emails could expose your entire network to malware.

Install a dedicated, actively managed firewall, especially if your business has a dedicated connection to the Internet.

Create strong passwords with at least 10 characters that include a combination of mixed case letters, numbers, and special characters. Use a unique password for each financial institution site that is accessed and change that password regularly.

Never access bank, brokerage, or other financial services information using public Wi-Fi at airports, hotels, cafes, libraries, etc.

Install commercial antivirus and desktop firewall software on all your computer systems. Ensure computers are patched regularly, particularly the operating system, web browsers, and key applications with security patches.

Sheilah Turner is Assistant Vice President and HOA Banker at Pacific Premier Bank, a full-service bank with branches nationwide that serve homeowners associations. Sheilah can be reached at sturner@ppbi.com.

At Pacific Premier Bank, we always use technologies such as two-factor authentication and encryption methods that help mitigate the risk of fraudulent banking activity to your company. Even so, these defenses can’t protect against malware that attack your devices. Because of this, it’s worth implementing additional controls to guard against Corporate Account Takeover and associated fraud. Those actions include: ●● Never provide your account information, password, or token number over the phone or email. ●● Initiate ACH and wire transfer payments under dual control, with a transaction originator and a separate transaction authorizer. ●● Employ best practices to secure computer systems. If possible, carry out all online banking activities from a stand-alone, hardened, and completely locked-down computer system from which email and web browsing is not possible. ●● Be suspicious of emails claiming to be from a financial institution, government department, or other agency

CAI-Greater Los Angeles Chapter

November/December 2017 | www.cai-glac.org 33

welcome

New CAI-glac Members!

As of November 10, 2017

BUSINESS PROFESSIONALS Architectural & Engineering Design Group Diversified Asphalt Products, Inc. Elite Interactive Solutions M & W Insurance Services Nularis, Inc./Ledegance Precision Concrete Cutting Westcoat Specialty Coatings

RECRUITER Kim Province CAI National CAI National CAI National CAI National CAI Nationsl CAI National

MANAGEMENT COMPANIES Accord Management Group C Sharp Property Management

Alisher Sabirov Mahendra Sami

COMMUNITY ASSOCIATIONS Cabrini Villas HOA Donald Campbell, CMCA®, AMS®, PCAM® The Promenade Owners Association Michael Sukey, AMS®, PCAM® Vista Ladera Estates HOA William Yarian, CCAM®

COMMUNITY MANAGERS Robert Gabelein The Century Condominium Deniz Avci W Residences Karen Richardson Edgewater Towers HOA Trey Standback Prime Association Services Jennifer Knauff, CCAM®, CMCA® Wave Enterprises, Inc. HOMEOWNER LEADER Thomas Pokladowski

RECRUITER Melissa Rothe, CMCA®, AMS®, PCAM® CAI National CAI National Jacqui Morini Jeffrey Beaumont, Esq.

Lynne Collmann, CMCA®, AMS®

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.

34

www.cai-glac.org | November/December 2017

Tinnelly Law Group

CAI-Greater Los Angeles Chapter

BUSINESS PROFESSIONALS Action Duct Cleaning Advanced Reserve Solutions, Inc. Alliance Building & Construction Services Allied Roofing and Waterproofing Benjamin Moore & Co. Birndorf Law Offices CBCI Construction, Inc. CSC ServiceWorks Elliot Katzovitz Insurance Agency, Inc. Fassberg Mediation Services, Inc. Fenton Grant Mayfield Kaneda & Litt, LLP Ferris Painting, Inc. Gayle G. Gould, CPA Golden West Security, Inc. Guard-Systems, Inc. Hoffman Brown Company Integrated Risk Management Jackson Insurances Services John R. Sinner Insurance Agency, Inc. Jon Wayne Construction and Consulting La Rocque Better Roofs, Inc. LaBarre/Oksnee Insurance Agency, Inc. LandCare Law Offices of Laura J. Snoke Loewenthal, Hillshafer & Carter, LLP Nautilus General Contractors, Inc. Oakmont Builders, Inc. ROSS Mediation Services Seacoast Commerce Bank Sherwin-Williams Paint Silicon Beach Insurance Services Smoothstone Construction, Inc. VanDerPol & Company, A PAC Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP COMMUNITY ASSOCIATIONS Century Hill Association, Inc. Heritage Townhomes Owners Assn.

Manhattan Pointe HOA North Hollywood Terrace HOA Playa Pacific HOA Regatta Seaside HOA San Simeon Condominium Assn.

COMMUNITY MANAGEMENT COMPANIES ABM Property Management Cammarata Management, Inc. EGL Properties, Inc. Gold Coast Property Pros LB Property Management On-Site HOA Management Paragon Property Management Group, LLC Powerstone Property Management Prendiville Insurance Agency, Inc. R.E.A. Advisors, Inc. Seabreeze Management Company, Inc. AAMC COMMUNITY MANAGERS Margaret Allen, CCAM®, PCAM® Associa-PCM Ara Amirkhanian, CMCA®, AMS® Ross Morgan & Company, Inc. AAMC

CAI-Greater Los Angeles Chapter

Our Thanks to Renewing Members!

As of October 31, 2017

Michelle Atkinson Ross Morgan & Company, Inc. AAMC Robert Avila, CMCA®, AMS® Bel Air Ridge HOA James Beard, CMCA®, AMS®, PCAM® Valencia Management Group AAMC Ermias Berhanu Park Plaza HOA Beth Bottaro, CMCA® Valencia Management Group AAMC Jermaine Bowen, CMCA®, AMS® Unyglobe Management Susan Calhoun Valencia Management Group AAMC Claire Carafello Drew Coppola, CMCA® HOA Organizers, Inc. Roger Crumrine FirstService Residential AAMC Sue DeLucia, AMS® Horizon Management Company AAMC Miguel Duran Shoreham towers Condominiums Gregg Evangelho PMP Management AAMC Brian Fleming Wilshire Regent HOA Sabrina French, CMCA®, AMS® PMP Management AAMC Stacy Gerowitz, CCAM® Century Hill Association, Inc. Michelle Gibson Glen Towers Owners Association George Gral, CMCA®, AMS®, PCAM® LB Property Management Jeff Hayward, CMCA®, AMS® Solera at Kern Canyon HOA Lisa Hoffman, CMCA®, AMS® Valencia Management Group AAMC Chris Holigores SF Valley Management Inc. Miste Holloway PMP Management AAMC Michelle Honeyman FirstService Residential AAMC Cynnthia Johnson FirstService Residential AAMC Eron Kaylor Seabreeze Management Company, Inc. AAMC Jessica Kelsey, CMCA® Valencia Management Group AAMC Rachel Kievman, CMCA® Scott Management Company Karen Manahan, CMCA®, AMS® Valencia Management Group AAMC

Tiffany McCall The Management Trust Catriona McCarthy Seabreeze Management Company, Inc. AAMC Ruth Moffitt, CMCA®, AMS®, PCAM® Valencia Management Group AAMC Scott Moore, CMCA®, AMS® Valencia Management Group AAMC Christopher Moran FirstService Residential AAMC Dana Moreno PMP Management, AAMC Tina Nakamura, CMCA®, AMS®, PCAM® PMP Management AAMC Jessica Oakes PMP Management AAMC Peggy O’Donoghue, CMCA®, AMS®, PCAM® Valencia Management Group AAMC Marlene Olivastro PMP Management AAMC Michelle Phelps Valencia Management Group AAMC

Roberta Plach, CMCA® Valencia Management Group AAMC Kelly Rackers PMP Management AAMC Diane Rossiter, CMCA®, AMS® Bell Canyon HOA Stella Rothluebbers, CMCA® Pam Sabo Ross Morgan & Company, Inc. AAMC Jacquie Smith, CMCA® Horizon Management Company AAMC Andrea Thrower PMP Management AAMC Pamela Vine Ross Morgan & Company, Inc. AAMC Sarah Zemer, CMCA® Ross Morgan & Company, Inc. AAMC Fang Zhu, CMCA® Beven & Brock David Zimmerman Bear Valley Springs Assn.

COMMUNITY ASSOCIATION LEADERS Michael Barth

November/December 2017 | www.cai-glac.org 35

Advertisers Index 38 Animal & Insect Pest Management, Inc.

36 Poindexter & Company, CPAs

17 Association Reserves, Inc.

35 Preferred Commercial Painting, Inc.

33 Beaumont Gitlin Tashjian

20 R.W. Stein Painting, Inc.

12 Bentley Community Management

7 Reserve Studies Inc.

21 Cline Agency Insurance Brokers

14 Select Painting & Construction

27 Sandra Macdonald Insurance

11 Ferris Painting, Inc.

23 Steven G. Segal Insurance Agency, Inc.

24 Fireplace Solutions The Chimney Sweeper

29 SwedelsonGottlieb

December

24 Mutual of Omaha Bank/ CondoCerts

7 Witkiin & Neal, Inc.

01 Spark of Love Toy Drive Delivery – 5:30 a.m.

11 Pacific Utility Audit

2017 / 2018 CALENDAR OF EVENTS Westfield Mall, Canoga Park, CA

17 Pacific Western Bank

9 Union Bank HOA Services 5 Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP

01 Holiday Happy Hour – 4:00 p.m.

Bel Air Crest Master Assoc. Clubhouse, 11701 Bel Air Crest Rd. N, Los Angeles, CA 90077

06 San Gabriel Valley Homeowners Association Marketplace – 6:00 p.m.

Pasadena Hilton, 168 S. Los Robles Ave., Pasadena, CA 9110

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

Chapter Office, Glendale

JANUARY 2018 10 Awards Luncheon Celebration – 11:30 a.m.

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

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

Chapter Office, Glendale

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

Summerwind HOA, 2800 Plaza del Amo, Torrance, CA 90503

30 Managers Only Breakfast Workshop – 8:30 a.m.

Location TBD

31-03 CAI National Law Seminar

Advertising Information Dimensions & Rates:

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

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

Ad Size

Ad Dimensions

Members

Non-Members

⅛ page

3½" wide x 2" high (Horizontal)

$200

$400

¼ page

3½" wide x 4¾" high (Vertical)

$300

$600

½ page

7½" wide x 4¾" high (Horizontal)

$425

$850

Full Page

7½" wide x 9.75" high (Vertical)

$800

$1,400

Palm Springs, CA

FEBRUARY 2018 06 Long Beach Educational Program for HOA Boards – 6:00 p.m.

Location TBD

09 PCAM Event Location TBD

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.

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

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

22 Tricks of the Trade for Business Partners – 9:30 a.m.

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

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

Chapter Office, Glendale

Events subject to change, see website for possible updates.

36

www.cai-glac.org | November/December 2017

CAI-Greater Los Angeles Chapter

Time To CelebraTe exCellenCe! What is Excellence?

Distinction, quality, superiority, brilliance, greatness, merit, caliber you are invited to our

Industry Excellence Awards Luncheon recognizing

2017 industry excellence award recipients Wednesday,

January 10, 2018 11:30 a.m.

Skirball Cultural Center 2701 n. Sepulveda blvd. los angeles, Ca 90049

Current Sponsors

accurate Termite & Pest Control beHr & KilZ Paints & Primers Dunn-edwards Paints FreSHCo Painters, inc.

Guard-Systems, inc.

Precision Painting Professional Services Construction, inc.

ProTec building Services SwedelsonGottlieb Whitestone Painters Valley alarm

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 2018 Condominium Bluebook Today!

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

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

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