Community Insider Magazine – A CAI San Diego Publication

T H E P R E M I E R R E S O U R C E F O R C O M M U N I T Y A S S O C I AT I O N S

FA L L 2 0 2 5 A Publication of CAI San Diego

O N T H E C OV E R

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The official quarterly publication of CAI San Diego 2025 CAI SAN DIEGO BOARD OF DIRECTORS PRESIDENT Susan Hawks McClintic, Esq., CCAL Epsten, APC PRESIDENT ELECT Amanda Francis, CCAM-LS Renaissance Owners Association VICE PRESIDENT Tim Flanagan, Esq. Flanagan Law, APC TREASURER Liron Shalom-Hickey SERVPRO of Sorrento Valley BOARD DIRECTORS Sharon Deal Vista Canada Estates Amber Korody Choice Management Solutions Bridgette Tabor LaBaree/Oksnee Insurance Rei Takeda Normal Heights Community Association Heather Wiltshire, CCAM, CMCA, AMS, PCAM N.N. Jaeschke, Inc. – An Associa Company EXECUTIVE DIRECTOR Carissa Mace executivedirector@cai-sd.org COMMUNITY INSIDER PUBLICATIONS COMMITTEE CHAIR Carrie Heieck, Esq. Tinnelly Law Group, APC VICE CHAIR Johanna Deleissegues, Esq. Adams I Stirling, PLC Rei Takeda Normal Heights Community Association Jeffrey French, Esq. Green Bryant & French, LP Alma Galindo, CMCA, AMS Prescott Management Rhonda Goldblatt, Esq. Epsten, APC Elaine Gower The Naumann Law Firm, PC

Tyler Kerns, Esq Kriger Law Firm Kimberly Lilley, CIRMS, CMCA, EBP Costa Serena Anja Potenza Brightview Landscaping Kumar Raja, Esq. The Raja Law Center Shannon Smith AD Magellan Vivian Tran, Esq. Roseman Law, APC Emily Whittemore, PCAM FirstService Residential Sarah Yesil, Esq. Flanagan Law, APC

Hello CAI San Diego members!

I hope you were able to join us for one of our summertime events. Day at the Races and Tiki Night were fun events and a chance to relax with our colleagues.

Soon, it will be time for Wine Night benefitting CLAC on October 17 at Vintana. CLAC has an important role in monitoring new proposed legislation and advocating for legislation important to the community association. We were all just reminded how important it is to actively monitor and participate in the legislative process by the passage of AB 130, limiting fine amounts.

Susan Hawks McClintic, Esq., CCAL This legislation and the way it was 2025 Chapter President enacted highlights the importance of educating and advocating for community associations with our local, state and Federal governmental officials.

I am grateful for all the homeowners, managers, management companies, business partners, service providers and vendors who make this industry strong.

As always, thank you for your continued support and participation in CAI San Diego!

Brian Kalmenson, CIRMS Gemini Insurance Agency, Inc.

DESIGN & PRODUCTION REY ADVERTISING & DESIGN Editorial and advertisements represent the opinions of the authors and advertisers and not necessarily the opinion of Community Insider Magazine or CAI San Diego. Information contained herein should not be construed as a recommendation for any course of action regarding financial, legal, real estate, accounting or other professional services and should not be relied upon without consulting legal counsel, financial and accounting professionals, or other expert business advisors.

Susan Hawks McClintic, Esq., CCAL Epsten, APC

CAI San Diego Chapter encourages submission of news and articles, subject to space limitations and editing. All articles submitted for publication become the property of the CAI San Diego Chapter. Non-commercial reproduction of published articles or columns permitted with the following requirement of acknowledgement “Reprinted with permission from Community Insider Magazine, a publication of CAI San Diego.”

ADVERTISING AND CORRESPONDENCE Community Insider Magazine CAI - San Diego Chapter 9920 Pacific Heights Blvd., Ste. 150, San Diego, CA 92121 858-836-1119 | www.cai-sd.org © 2025 CAI San Diego Chapter, all rights reserved.

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In this issue 14

Knowing Your Lane: When to Call an Expert

By Ryan Figley, CMCA, AMS

6 AB-130: New Law Caps HOA Fines at $100

By Dyanne L. Peters, Esq.

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12 Powerful Reasons to Support CAI-CLAC

Signs, Banners, and Flags…Oh My!

By Elaine Gower

By Sarah E. Yesil, Esq. and Jordan E. Farmer, Esq.

22 Crucial Compliance: Asbestos and Lead Testing

OVER ON THE C

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& Inspections: Maintenance • Routine Roof early, ns catch issues Bi-annual inspectio expensive managers avoid helping property roof lifespan. repairs and extend ent & New Roof Replacem Roof PVC, Full • shingles, tile, metal, Installations: Asphalt and is custom-built system each — and TPO crews. experienced in-house installed by their

Roofing: Tailored & Multifamily • Commercial properties, with needs of large to the complex mind. g always top of safety and schedulin on: From Design & Installati • Solar System delivers installation, Preman consultation to ial and solutions for commerc energy-efficient it’s a retrofit or —whether residential buildings part of a new roof.

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olar is Preman Roofing-S their s looking to simplify community manager include: needs. Services roofing and solar & Roof Leak Repairs • Emergency Quick, expert response Service Calls: eping tenants when leaks strike—ke minimal. property damage protected and

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COMMUNIT FA L L 2 0 2 5 |

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FA L L 2 0 2 5 AGAZINE |

C O M M U N I T Y I N S I D E R M A G A Z I N E | FA L L 2 0 2 5

AGAZINE

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ON THE COVER Preman Roofing – Solar

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The Benefits of Living in an HOA

By Ron Ficalora, CMCA, AMS

Departments 3

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Plugged In: Shedding Light on SB-900 & Reserve Planning

Responding to an Owner’s Request for HOA Records

By Kumar S. Raja, Esq.

By Vivian Tran, Esq.

President’s Message

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CAI-CLAC Buck a Door – Or More

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Highlights from Thrive 365 Educational Conference & Trade Show

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CID Law Course Webinar Recap

Softball Tournament Hits a Home Run! Tiki Night Highlights New Designations New Chapter Members Warning Signs of Infrastructure Challenges – North County Educational Luncheon & Trade Show Recap

Fun Moments from the Tailgate Par-Tee Golf Tournament

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BY DYANNE L. PETERS, ESQ.

AB-130: New Law Caps HOA Fines at $100

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n June 30, 2025, AB-130 was passed by the California Legislature and signed into law

by Governor Newsom.

The law became effective immediately.

The overall goal of AB-130, a housing bill, was to expedite housing and reduce costs by waiving some CEQA requirements.

However, some provisions of AB-130 that affect homeowners associations were also snuck in. AB-130 amends Civil Code Sections 5850 and 5855 of the DavisStirling Act. Sections 5850 and 5855 address enforcement procedures and fine amounts.

The most notable and shocking change is the $100 cap on fines that can be levied against a member for a violation of the governing documents. (See Civil Code Section 5850(c) (2).)

On June 27, 2025, in what seems to be

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a last-minute effort to appease detractors of the bill, an exception to the $100 cap was added.

The language provides that the fine must be capped at $100 unless “the violation may result in an adverse health or safety impact on the common area or another association member’s property.” (See Civil Code Section 5850(d(1).)

This change was added without any committee hearings or opportunity for public engagement.

The change also requires that the board make a “written finding” that describes the adverse health or safety impact during an open board meeting. (See Civil Code Section 5850(d)(2).)

The bill also prohibits a board from levying a fine if the violating member cures the violation prior to the hearing. Alternatively, an association may not levy the fine if the member makes a “financial commitment”

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to cure the violation if it would take longer to cure the violation before the set hearing.

(See Civil Code Section 5855(c).) The association is also prohibited from charging interest or late fees on outstanding fine amounts. (See Civil Code Section 5850(e).)

Another noteworthy change is that procedures are added to the enforcement process. If the board and the violating member are not in “agreement” after the hearing, then the member shall have the opportunity to request IDR. (See Civil Code Section 5855(d).)

If the board and the violating member are in agreement following the hearing, the board is required to draft a written resolution signed by both the board and the violating member.

This resolution binds the association and is “judicially enforceable.”

(See Civil Code Section 5855(e).)

Finally, a minor change to the hearing procedures requires that the board provide the notice of hearing results within 14 days, instead of the prior 15 days, after the board’s decision.

(See Civil Code Section 5855(f).)

There are a number of immediate and significant impacts this bill will have on community associations.

AB-130 will seriously hinder an association’s ability to deter high risk, high-reward type violations, such as short-term rentals (e.g., Airbnb) or construction of improvement without prior architectural approval. The risk is that members may now view the minimal fine as a cost of doing business.

This means that the fine will no longer serve any deterrent value against some of these violations and undermine associations’ ability to effectively enforce the governing documents

against violating owners.

There is also debate over how this statutory cap can be enforced, especially against continuing violations.

There is an argument that a continuing violation may be considered a “new” violation each time it is observed, and thus, a violation letter and fine can be imposed for each instance of violation.

While this may seem like the loophole that associations are looking for to impose more than $100 per month, there is a question about how enforceable such fines may be when such a policy may be viewed as contrary to the intent or spirit of the cap.

Another question that arises from the new statutory language is what violations are considered “adverse to health and safety?”

It seems that certain vehicular restrictions, like parking in fire zones

Continued on page 8

Continued on page 8

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AB-130: New Law Caps HOA Fines...

Continued from page 7

or in front of fire hydrants, speeding, blocking or impeding entrances/ exits, etc. or restrictions like keeping dogs on leash in the common area could fall under the exception.

However, violations may need to be viewed on a case-by-case basis and the board will need to investigate each complaint and prepare written findings of such investigation to be adopted during an open board meeting.

The adoption of a resolution for disciplinary action during an open board meeting also potentially violates an owner’s right to confidentiality during the disciplinary process. Pursuant to Civil Code Section 4935(b), if a member who is the subject of the disciplinary matter requests that the board meet in executive session to discuss the matter, the board is required to

Many associations’ current fine schedules will be void and unenforceable. Boards should review and update their enforcement policies and fine policies to comply with the statutory cap and enforcement procedure updates. comply with the member’s request and to allow the member to attend the executive session. This means that the board may then have to adopt the resolution and potentially avoid stating details to protect confidentiality, such as the violating members’ name and address, aloud during the open session.

There are questions as to what new language added to Section 5855(e) means: it states that the board and member must be in “agreement after the meeting.” It

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seems to refer to a course of action the member agrees to take to cure the violation. For example, the member agrees to remove an unauthorized architectural improvement within 30 days. Once this agreement is adopted through the signed resolution, if the member fails to remove the improvement by the deadline, the association can obtain a court order to enforce the agreement; that is, a court order compelling the member to remove the unauthorized improvement.

There is an argument that the “agreement” does not necessarily include the disciplinary action taken against the member since Section 5855(f) still requires that the association provide a notice of decision to the member within 14 days of the action.

Many associations’ current fine schedules will be void and unenforceable. Boards should review and update their enforcement policies and fine policies to comply with the statutory cap and enforcement procedure updates. We recommend that you contact your association’s legal counsel for more information and specific guidance for your association.

Dyanne Peters, Esq. is a Senior Attorney with Tinnelly Law Group.

Dyanne can be reached at dpeters@tinnellylaw.com.

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THE POWER OF A SINGLE DOLLAR.

It’s a small amount with a big impact in advocating for California HOA communities.

SERVING OVER 13 MILLION HOMEOWNERS IN 5 5 , 0 0 0 + C O M M U N I T Y A S S O C I AT I O N S T H R O U G H O U T C A L I F O R N I A

The California Legislative Action Committee (CLAC) is a volunteer committee of Community Associations Institute (CAI), consisting of homeowners and professionals serving homeowner associations (HOAs).

CAI is the largest organization in America dedicated to the monitoring of legislation, educating elected state lawmakers and protecting the interests of those living in community associations.

CAI-CLAC is working toward legislative solutions that are right for California homeowner associations.

To learn more about CAI-CLAC and the Buck A Door (or more!) annual fundraiser visit caiclac.com

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Donating just a Buck A Door (or more!) allows you to participate in the legislative process. Donate today to protect HOA living and your property values.

888.909.7403 | office@caiclac.com | caiclac.com

COMMUNITY GAINS A VOICE – CAI-CLAC represents more than 1 YOUR 13 million California residents in HOAs – ensuring their voices are heard by lawmakers through calls, meetings, and written communication.

MONITORS CRITICAL LEGISLATION – Every bill that could impact 2 CAI-CLAC HOAs is reviewed by CAI-CLAC. They advocate for beneficial laws and oppose harmful ones with informed, strategic action. legislators– both locally and at the Capitol – offering testimony and expert 3 with guidance. The annual Legislative Day also gives CAI members a chance to

CAI-CLAC WORKS DIRECTLY WITH LAWMAKERS – CAI-CLAC meets regularly

POWERFUL REASONS TO SUPPORT CAI-CLAC

BY ELAINE GOWER

engage directly with state officials.

IS NOT A PAC – CAI-CLAC is not a political action committee. It does 4 CAI-CLAC not fund political campaigns. Donations go solely to nonpartisan legislative advocacy.

LEGISLATIVE ACTION & UPDATES – CAI-CLAC keeps supporters 5 REAL-TIME informed about rapidly evolving legislative matters. For updates, visit www.caiclac.com.

ADVOCACY THAT WORKS – CAI-CLAC organizes strategic 6 GRASSROOTS campaigns that mobilize HOA members to write, call, or meet with legislators – making a real impact on proposed laws.

The California Legislative Action Committee (CLAC) is a vital advocate for homeowners associations (HOAs) across California. As a nonprofit, volunteer-led educational organization, CAI-CLAC works tirelessly to monitor and influence legislation that impacts community associations statewide.

Whether you’re a board member, homeowner, or professional serving HOAs, CAI-CLAC is your voice in Sacramento.

The Buck-A-Door campaign is one of the most effective ways to raise crucial funds to support CAI-CLAC’s dedicated advocate, Louie Brown, and CAI-CLAC’s continued advocacy work.

that promotes fair governance, stable property values, and 7 legislation homeowner rights.

THEY PROTECT YOUR RIGHTS & HOME VALUES – CAI-CLAC champions

TO DONATE – Supporting CAI-CLAC is simple. Make a secure donation 8 EASY online, add a Buck-A-Door donation to your HOA annual budget, or use the Buck-A-Door campaign donation form.

CAN LEGALLY DONATE – Associations are legally permitted to use 9 HOAs assessment funds to support CAI-CLAC, as their efforts directly benefit communities and protect association interests.

DOLLAR SUPPORTS ADVOCACY – Donations fund tangible advocacy 10 EVERY efforts – including professional lobbying, outreach materials, and education – not politics.

TRUSTED VOICE AT THE CAPITOL – CAI-CLAC is regularly invited to provide 11 Ainsights to Senate and Assembly committees, and is often consulted by the Governor’s office.

RECOGNIZED HOA RESOURCE – With a full-time lobbyist in Sacramento 12 THE and leadership from all eight CAI chapters, CAI-CLAC unites professionals, board members, and homeowners in one powerful voice.

J OIN T HE MOVE ME NT

CAI-CLAC’s ability to advocate on behalf of California’s community associations depends entirely on the support of people like you. Whether you’re a homeowner, manager, business partner, or attorney, your donation plays a direct role in shaping the future of HOA living across the state.

• Donate now at www.caiclac.com

• Or contribute via the Buck-A-Door Campaign Elaine Gower is the Director of Business Development at The Naumann Law Firm, PC and can be reached at elaine@naumannlegal.com.

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ON THE COVER

PREMAN ROOFING-SOLAR: Your Trusted Family Partner in Roofing & Solar Solutions

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hen community managers in San Diego need a reliable roofing partner, Preman Roofing-Solar stands out — not just for expert craftsmanship, but for their commitment to relationships, responsiveness, and safety-first practices on every project.

A LE GACY BUILT ON FAM ILY VALU E S Founded in 1999 by Aaron Preman, Preman Roofing-Solar grew from one man’s vision — to bring honest, ethical roofing solutions to families and businesses across Southern California. Aaron’s strong family roots and years of industry experience helped create a company where integrity, trust, and long-term relationships are at the core of everything they do.

Still family-owned and operated today, Preman Roofing-Solar is run by a dedicated in-house team — many of whom have been with the company for over 15 years. This consistency ensures every project is completed with expert care and that personal touch that only a family business can deliver.

COMP RE H E N S IVE ROOF ING & S OLAR S OLUT ION S Preman Roofing-Solar is a one-stop shop for community managers looking to simplify their roofing and solar needs. Services include: • Emergency Roof Leak Repairs & Service Calls: Quick, expert response when leaks strike — keeping residents protected and property damage minimal.

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• Routine Roof Maintenance & Inspections: Bi-annual inspections catch issues early, helping property managers avoid expensive repairs and extend roof lifespan.

WHY COMMUNITY MANAGERS TRUST PREMAN

• Full Roof Replacement & New Roof Installations: Asphalt shingles, tile, metal, PVC, and TPO — each system is custom-built and installed by their experienced in-house crews.

GUARANTEED PRICING & TIMELINES Once a contract is signed, the price and schedule are locked in — no surprises.

• Commercial & Multifamily Roofing: Tailored to the complex needs of large properties, with safety and scheduling always top of mind.

IN-HOUSE LABOR – NO SUBCONTRACTORS Only trained, long-tenured Preman employees complete the work.

• Solar System Design & Installation: From consultation to installation, Preman delivers energy-efficient solutions for commercial and residential buildings—whether it’s a retrofit or part of a new roof.

STRONG WARRANTIES From 10-year labor warranties to No-Dollar-Limit manufacturer-backed coverage, every project is backed with confidence.

P R I OR I T I Z I N G SAF ETY WI TH F U L L OS HA C OM PLI ANC E With the rollout of new 2025 California OSHA regulations for roofing and solar contractors, safety standards have never been more important.

Preman Roofing-Solar is proud to be fully compliant with all updated state safety protocols, including fall protection requirements, enhanced hazard communication, jobsite documentation, and crew training procedures. Every project is managed with a safety-first mindset, ensuring peace of mind for property owners, residents, and their own workers.

Their in-house safety supervisors actively enforce these policies, helping clients stay in compliance and avoid liability.

EMERGENCY RESPONSE Fast, professional service when storms hit or leaks emerge.

CLEAR COMMUNICATION Detailed proposals, regular updates, and job closeouts with photo documentation.

BU ILT ON RE LAT ION S H IP S , N OT T RAN SACT ION S Preman Roofing-Solar isn’t just a vendor — it’s a long-term partner. They work hard to earn trust by educating clients, honoring commitments, and showing up when it matters. Their relationshipdriven approach is what sets them apart — and why so many community management companies continue to rely on their team year after year.

Trust Preman Roofing-Solar to deliver proactive solutions, 24/7 support, and long-term peace of mind.

Learn more or schedule your next roof inspection at PremanRoofing.com.

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WHEN TO CALL AN EXPERT

knowing your lane

BY RYAN FIGLEY, CMCA, AMS

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s community managers, we know a little bit about a lot, which makes us invaluable to our clients and our industry. For some of us (yours truly included), we are continually learning which lane we are operating in, specifically, when we can manage a project ourselves and when we need to call on the experts we often call Business Partners.

Many of our HOA communities in San Diego are aging and are needing a lot of upkeep.

We often say that significant maintenance is needed around the 15-to-20-year mark. But, what about the communities that are older than that? It is not uncommon to have a community in a portfolio that was built in the 1970s, making them 50 years old or older!

Many projects that we encounter, whether they be defect reconstruction, new roofing, spalling repairs, or a complete re-pipe are costly, technical, and require more time than any one community manager has to offer.

Before embarking on such a large project, one must consider whether the first step should be interviewing construction managers who work with architects and trade experts.

One may think, “well that will just add to the cost of the project”, but the answer often is not really. Yes, there is a cost of retaining such an expert, but they also possess the knowledge and experience to guide you through the process, manage

and oversee the project, and ensure that you aren’t doing something unnecessarily, or better, preventing the removal and reconstruction of something that was improperly installed.

After selecting a construction manager, it is highly recommended to have the association’s legal counsel review their contract, ensuring that the scope of work is clearly defined, insurance and indemnifications are clearly stated, and provisions for communication expectations during the project and with unexpected delays.

In partnership with legal, it is recommended that you have the association’s insurance provider review the insurance provisions of the agreements. You may also consider having them review the contractor’s insurance for large projects to ensure that they are maintaining coverage that allows them to work for a homeowners associations (yes – exclusions for work in community associations are common).

After the agreements are signed, you can go back to the fun part of working with the construction manager, the design experts, and the board to transform the vision into a plan.

The construction manager will take this beautiful plan and send it out to bid to several contractors that can make it come to life. As a part of this service, ensure that the construction manager is being retained to analyze the bids and provide their recommendations. The larger the project, the more complex the bids will be, and they will know what to look for.

At this point, the community manager and the board will know whether the funds are available, or if alternative funding sources are necessary such as a special assessment or a loan. Either of these alternative options can take up to six months due to voting requirements. Before taking out a loan, or doing a special assessment, the community manager should check with Continued on page 16

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Knowing Your Lane...

Continued from page 15

association counsel to ensure that all the i’s are dotted, and t’s are crossed.

You don’t want to have to start this process over again. Also, make sure you hire a professional inspector of election to take that liability off your plate. There have been too many legislative changes not to hire a professional inspection service.

Once the board has had the opportunity to review and select their preferred contractor and the funding source has been identified, the community manager should send this contract to legal counsel and the insurance provider for review before signing. In addition to the items listed in the construction manager’s contract, you also want to ensure that this contract has provisions for progress payments, retention, performance guarantees,

and warranties. You’ll also want to ensure that the contractor is pulling all necessary permits as a part of their contract.

Once the contract is signed, the community manager will need to work with the construction manager on communications to the board and the residents. These updates should be regular and frequent to avoid leaving anyone in limbo. Pushed communication such as emails, text messages, or door hangers are also preferred. Residents are often busy and aren’t going to go to a website to get an update; push it to their inboxes to avoid them calling or emailing and asking for an update.

During the project, be sure to stay in touch with your investment brokers or lenders to ensure that the funds are liquid or made available when you need them. It is also a good idea to send the payment

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INSTALLATIONS

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Pacific Backflow PROTECTION

760-639-4000 pacificbackflow.com AFTER HOURS SERVICE 16

Serving All of San Diego County CA Contractor License #C36-1122068

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Projects vary from small to grandiose.

Knowing when something is in your lane is a critically important skill in this field. schedule to these professionals so that they can make sure that maturities or draw allowances are timed appropriately. If the association is doing a loan, the association may need to submit a request to draw on the funds before they can be sent along with invoices and pictures of the completed work as of that point in time. Make sure that the construction manager reviews and signs off on any invoices before they are paid.

When the project comes to a close, work with the construction manager to ensure that the association receives a close out package with all the warranties, plans, and permits for the association’s records.

Projects vary from small to grandiose. Knowing when something is in your lane is a critically important skill in this field. Do not feel that you need to be everyone’s superman or superwoman. You already are by balancing everything else.

Ryan Figley, CMCA, AMS, is the CEO of Moonstone Management and Consulting. Ryan can be reached at ryan@moonstonemc.com.

VIEW THE ONLINE GALLERY On May 5th, teams took to the fields at the Sportsplex in Santee for the Annual Softball Tournament. There were two brackets – Competitive teams who battled it out for the championship, and, Just for Fun teams who played… just for fun! Pro-Tech Painting’s team took home the first place trophy, with the team from Accurate Termite and Pest Control coming in second. Our Just For Fun Champion was Global Disposal’s team.

Competitive First Place: Pro-Tech Painting

THANK YOU TO OUR SPONSORS FULL TEAM SPONSORS Accurate Termite & Pest Control Alta Roofing & Waterproofing The Arbor Group Bemus Landscape Diamond Roofing Global Disposal Park West ProTec Building Services Pro-Tech Painting SERVPRO of San Diego City SW FIELD SPONSOR Reconstruction Experts Western Towing

Competitive Second Place: Accurate Termite & Pest Control

BATTING CAGE SPONSOR The Arbor Group LUNCH SPONSOR McKenzie Mena, LLP DISPLAY BOOTH SPONSORS Antis Roofing & Waterproofing EmpireWorks Flanagan Law, APC Life Deck Coating Installations Life Specialty Coatings Precision Concrete Cutting PrimeCo Ryan Construct Defect Law Sherwin Williams AWARDS SPONSOR Kriger & Schuber, APC

Just for Fun First Place: Global Disposal FA L L 2 0 2 5 | C O M M U N I T Y I N S I D E R M A G A Z I N E

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BY SARAH E. YESIL, ESQ. AND JORDAN E. FARMER, ESQ.

Signs, flags, and banners continue to be a contentious topic regardless of whether it’s an election year. In the current political and social climate, homeowner association managers and boards of directors should know how to handle these delicate situations and be able to identify whether there is an active and enforceable sign, flag, or banner violation occurring. There is a balance between preserving a homeowner’s First Amendment right to freedom of speech and the association’s duty to uphold its governing documents and/or prevent discrimination or safety concerns within the community. Determining whether a sign is permitted requires a case-by-case analysis and there is no one-size-fits-all approach. Below are basic steps to begin addressing your sign, flag, and banner violations.

Step 1: What is the content? Is it an American flag or other country flag? Is it a political sign? Commercial or real estate? What is the sign depicting? Further research may be required to determine the context of what appears in any given sign, flag, or banner.

Step 2: Where is it located? Is it in the association’s common area, exclusive use common area, or a separate interest (lot, unit, etc.)? Association enforcement powers vary depending on the location.

Step 3: What are the association’s sign, flag, and banner restrictions? Some governing documents may include restrictions on content, quantity, size, and/or permitted materials. Even if the content or location is okay, is there a violation in size or materials used?

Step 4: Are there Civil Codes that make a governing documents restriction unenforceable? For example, Civil Code Section 4710 permits the display of “noncommercial” signs, flags, or banners within separate interests but allows for associations to place reasonable restrictions against the size and materials. Associations

may prohibit signs, flags or banners in common areas, and prohibit commercial signs, except for limited real estate sign exceptions. See Civil Code Sections 712 and 713.

Step 5: Is there an active violation? If you determine that there are enforceable sign, flag, or banner restrictions being violated, follow the association’s enforcement procedure which may include fines, suspension of membership privileges, and/or removal of the violating sign, flag, or banner.

Step 6: Seek Legal Advice! Finally, the association should seek legal advice if unsure about whether enforcement is appropriate. If you are concerned about violating a homeowner’s free speech rights or cannot tell if a violation is occurring, it’s best to seek professional legal assistance.

Sarah E. Yesil, Esq. is an Associate Attorney at Flanagan Law, APC. She can be reached at sarah@flanaganhoalaw.com.

Jordan E. Farmer, Esq. is a Senior Associate Attorney at Flanagan Law, APC. She can be reached at jordan@flanaganhoalaw.com.

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VIEW THE ONLINE GALLERY The Chapter’s annual Tiki Night party was held on July 11th at Kona Kai Resort. The event was sold out with over 300 attendees who escaped for a tropical evening with island flare! Tropical inspired entertainment caught the crowd’s attention, guests enjoyed a buffet based on a traditional luau, and the relaxed island vibe was a fun evening for all.

PHOTOBOOTH SPONSORS

TIKI BAR SPONSORS Kriger & Schuber, APC MSE Landscape Professionals Sherwin-Williams Teel Painting LUAU SPONSORS Alta Roofing & Waterproofing Four Seasons Tree Care, Inc. Reconstruction Experts MUSIC SPONSORS San Diego Rain Gutters ENTERTAINMENT SPONSORS Epsten, APC Horizon Lighting RealManage San Diego Backflow Testing, Inc. PARKING SPONSORS Ben’s Asphalt, Inc. Berg Insurance Agency (in partnership with LaBarre/Oksnee) Pride Plumbing, Inc. SERVPRO of Sorrento Valley

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New Professional Designations

$100 million in five years!*

Vanessa Caudillo, CMCA MRoland Management Services Nerissa Mei Damasco, CMCA, AMS FirstService Residential Louie-Althel Dane, CMCA RealManage

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Breecia Hartman, CMCA, AMS Prescott Companies Dana Hopkins-Mendes, CMCA, AMS Seabreeze Management Company, Inc. Joseph Kulick, EBP SCT Reserve Consultants, Inc Emilio Lopez, EBP San Diego Roof Doctor

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Total amount Allied paid our CA Communities No hourly fees Our exclusive Collectability Profile tool helps directors make informed decisions Deferred Invoicing allows us to collect fees and costs directly from owners Liens for fines/violations to recover larger fine amounts and build compliance* Industry-leading web portal with real-time account status and reports, and online new order submission with automatic email verification

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800.220.5454 inbox@AlliedTrustee.com www.AlliedTrustee.com

*not available to all associations

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CRUCIAL

BY BRUCE ROSENBLATT AND LIRON SHALOM-HICKEY

COMPLIANCE ASBESTOS & LEAD TESTING

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enovation and repair projects in California, especially those involving water damage and the disturbance of drywall, necessitate strict adherence to state regulations concerning asbestos and lead.

Proper testing and remediation are crucial to safeguard health and comply with legal standards.

What is Asbestos?

Asbestos is a group of naturally occurring mineral fibers known for their strength, flexibility, and resistance to heat and fire.

Historically, these properties led to widespread use in construction materials including drywall, insulation, and flooring. However, when asbestos-containing materials (ACMs) are disturbed, they can release microscopic fibers into the air, posing serious health risks.

Prolonged inhalation of these fibers can lead to respiratory diseases such as asbestosis, lung cancer, and mesothelioma.

Where Can Asbestos Be Found in California Homes?

In California, homes built before 1980 are more likely to contain ACMs. Common areas where asbestos may be found include: • Drywall and Joint Compounds: Used in wall construction and finishing.

• Insulation: Found around pipes, boilers, and ducts.

• Flooring Materials: Such as vinyl tiles and backing materials.

• Ceiling Tiles and Textured Paints: Applied for aesthetic and acoustic purposes.

It’s important to note that even homes constructed after 1980 might contain ACMs, as asbestoscontaining products were not completely banned in the U.S.

Legal Requirements for Asbestos Testing in California

The Air Pollution Control District (APCD) Rule 1206 refers to the regulation concerning asbestos removal, renovation, and demolition activities. Adopted on November 15, 2017, APCD Rule 1206 aims to safeguard public health and the environment by establishing guidelines for handling asbestos-containing materials during construction and renovation projects. The rule applies to owners and operators involved in renovation or demolition operations. It defines a “facility” as any institutional, commercial, public, industrial, or residential structure with more than four dwelling units, among other specifications.

Compliance with Rule 1206 is crucial for contractors, property owners, and others involved in renovation and demolition within San Diego County to avoid significant penalties and ensure the safe handling of asbestos materials.

This includes activities like cutting or removing drywall. The key requirements are: • Certified Inspectors: Only licensed professionals with specialized equipment are authorized to detect and report on the presence of asbestos.

• Mandatory Testing: Regardless of the building’s age, an asbestos survey is required before renovation or demolition.

• Documentation: Proper records of asbestos inspections and findings must be maintained.

Consequences of Failing to Test for Asbestos

Neglecting to conduct required asbestos testing before disturbing materials can lead to: • Health Risks: Exposure to airborne asbestos fibers poses serious health hazards to occupants and workers.

• Legal Penalties: Noncompliance with state regulations can result in fines and mandatory remediation orders.

• Increased Remediation Costs: Unplanned asbestos discovery during renovation can lead to project delays and higher expenses.

Lead Testing and Remediation Requirements

In addition to asbestos concerns, lead-based paints are prevalent in homes built before 1978. California law requires that individuals conducting lead hazard evaluations, abatement planning, or lead abatement work be certified by the California Department of Public Health (CDPH).

The Process of Handling Water Damage and Asbestos Testing If your home experiences water damage, here’s a step-by-step guide to handling the situation while ensuring proper asbestos testing: • Find Source & Fix ASAP: Quickly identify the water source and fix the leak.

Whether the damage is due to plumbing or flooding, stopping the leak is crucial to prevent further harm.

Continued on page 24

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if necessary, removal has been method it intends to use prior to any completed, proceed with election. We would also recommend drying out the area. This step is that associations are consistent • Extract Water & Set Up essential for preventing mold with the method they choose Equipment: Remove any and ensuring the structure from election to election to avoid standing water and set up is stable for repairs. Review drying equipment. This helps confusion. your insurance policy to see Voting by electronic secret ballot stabilize the area by preventing what’s covered regarding water further moisture buildup, which means more diligence from the damage and asbestos removal. association, management and the can lead to mold and more • Complete Repairs: Once the inspector of election. Hopefully, serious damage. area is dry and free of asbestos the ultimate result of increased • Test for Asbestos (if contamination, coordinate the applicable): Before disturbing voter participation and potential necessary repairs to return the pursuantdrywall to Civilor Code sectionconduct 5103, cost savings should make it all insulation, home to its pre-loss condition. there arean even more test. requirements asbestos In California, worthwhile and provide a easy, safe It’s important to have a to satisfy,any andrenovation associations should and enjoyable experience for all or repair professional contractor handle consult with California association voters. worktheir thatprofessional involves disturbing the restoration to prevent any inspectorbuilding of election to ensure all Happy Voting! materials containing mishandling of materials. legal requirements are adhered asbestos require testingto. first.

Crucial Compliance...

Continued from page 23

ronic secret ballot iligence from the nagement and the of election.

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If the materials are found to Recommendations contain asbestos, professional Our recommendation is that removal is necessary before association election rules provide continuing with repairs. for both opting methods and allow • Complete Dry Out: Once the the association to choose which asbestos results are back and,

General Counsel • ADA & DFEH Compliance • CC&R & Bylaw Amendments • Architectural Matters • Contracts & Insurance • Elections & Recalls • Employment Law • Legal Opinions

Preparing Homeowners for Kurtis Peterson, HOA Remediation Work CMCA is Chief

Operatingremediation Partner When undertaking of The Inspectors of work, especially in areas shared with Election, LLC and others, homeowners should:at can be reached kurtis@tieivote.com.

Community Legal Advisors Inc. COMMUNITY ASSOCIATION ATTORNEYS

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Conclusion

Adhering to California’s regulations on asbestos and lead testing is essential for the health and safety of all residents. Homeowners should proactively engage certified professionals for inspections and remediation, especially before undertaking renovation or repair projects that could disturb hazardous materials. By doing so, they ensure compliance with legal standards and protect the well-being of their families and communities.

Bruce Rosenblatt is the President of Rarefied Air Environmental and can be reached at testmyair@gmail.com.

Assessment Collection • Timely Status Reports • Responsive Paralegals • Collectability Analysis • Judicial or Non-Judicial Foreclosures • Money Judgment Lawsuits • Small Claims Assistance • Post Judgment Recovery

Serving San Diego County, Orange County, Inland Empire and Coachella Valley

• Communicate with the HOA: Inform the homeowners association about planned work and comply with community guidelines.

• Hire Certified Professionals: Ensure that contractors are certified in asbestos and lead remediation.

• Follow Safety Protocols: Implement measures to prevent contamination of common areas and protect neighbors.

• Provide Notifications: Notify affected parties about the scope and duration of the work.

Liron Shalom-Hickey is the Director of Marketing and Client Relations of Servpro and can be reached at liron@servprosdca.com.

Toll Free 833.938.1877 AttorneyforHOA.com

NA GG2A0Z 2 OLM N I T Y I N S I D E R M AG A Z I N E COMMUNITY INSIS DP ER R IM I N5E | | C FA LM 2 0U 25

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The Benefits of Living in an HOA Purchasing a home is one of life’s most exciting moments and is often the biggest investment most people will ever make. For many people, choosing a property that’s part of a homeowners association (HOA) or a common interest development comes with extra benefits that make life easier and more enjoyable.

BY RON FICALORA, CMCA, AMS

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hether it’s property values, sense of community, or wellkept amenities, HOAs offer benefits that can enhance the homeownership experience. One major perk of an HOA is how it helps maintain property values. By making sure homes follow certain architectural standards and keeping common areas in good shape, HOAs create a neighborhood look that’s attractive and consistent. This helps protect home values over time and keeps owners’ investments strong.

The HOA also takes care of maintenance for shared spaces like streets, landscaping, and community parks. This means homeowners don’t have to worry about fixing the lawn or cleaning up litter, which keeps the neighborhood looking nice and gives residents more free

time to spend with family or friends.

In addition to property upkeep, HOAs help encourage a real sense of community.

Organized events, neighborhood get-togethers, and shared facilities like pools, clubhouses, and sport courts give residents a chance to meet neighbors and build friendships. This fosters an engaging and supportive environment where everyone feels connected.

Living in an HOA also provides access to amenities that might be too expensive or complicated to maintain alone. Whether it’s a pool or fitness center, these features help owners enjoy a better quality of life without extra hassle.

A sense of security is another important benefit. Many HOAs set up neighborhood watch programs, gated entrances, or private patrols, which can give you peace of mind. Feeling safe in your community makes a big difference in your daily life.

Sometimes, HOAs are portrayed in a negative light.

People imagine strict rules, overbearing boards, or feel like they’re being watched too closely Continued on page 26

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New Chapter Members MANAGERS Patrick Derr Action Property Management, Inc. Danielle Dubois Keystone Pacific Jonathan Hong, CMCA, AMS Seabreeze Management Company, Inc. Jenny Julian Landmark, Inc. Alexandra Keefer Action Property Management, Inc. Holly Keller Walters Management Shaun Linton, CMCA Nicole Mass, CMCA, AMS Ra’shaun McDowell Choice Management Solutions, Inc. John Salcido Lucretia Sarmiento Walters Management Andrew Sheldon, CMCA Yesly Soto Leon Action Property Management, Inc.

BUSINESS PARTNERS Bill Howe Family of Companies Ryan Barrington

Resilient Roofing Alexx Varga San Diego Rain Gutters, Inc. Angelica Lopez Sid’s Carpet Barn, Inc. Jared Ziman Skylar’s Home & Patio Skylar Ireton

Trace Restoration Jennifer Dycoco Weiland and Associates, Inc. Gregory Weiland

MANAGEMENT COMPANIES Arrow Real Estate Elizabeth Mcbride Community Association Management Steven Lee JMJ Community Management, Inc. Jennifer Figgers NN Jaeschke, Inc. Brian Ladd Rescue Me Management Angie Ireland

HOMEOWNERS

First Century Bank Robin Storey

Costa Serena Kimberly Lilley, CMCA, CIRMS

Flood Busters, Inc. Karina Paz

Savannah Terrace HOA Erika Johnson Janet Langrehr

Mandev Bassam Almnaseer Powerwashco Aamir Kadri 26

Owning a home within an HOA can bring stability, safety, and community connections.

SoCal Shade Sails Rick Reinmuth

DrBalcony Omidreza Ghanadiof

Groundworks Ian Murphy

The Benefits of Living in an HOA Continued from page 25

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by the “condo cops.” The media often emphasize extreme stories that don’t reflect the vast majority of HOAs. In reality, the rules help keep neighborhoods organized and make sure everyone follows agreed-upon standards. Clear guidelines help prevent disputes and preserve the neighborhood’s look and quality.

In the end, owning a home within an HOA can bring stability, safety, and community connections. While each HOA is different, many offer benefits that improve the overall experience of homeownership, helping residents enjoy a well-maintained and friendly neighborhood for years to come while preserving ownership value.

Ron Ficalora is a Senior Association Manager with The Helm Management Co. Ron can be reached at ron@ helmmanagement.com.

PLUGGED IN: Shedding Light on SB-900 & Reserve Planning Senate Bill 900 (SB-900), signed into law by Governor Newsom mid-2024 and effective January 1, 2025, amends the Davis-Stirling Common Interest Development Act — specifically Civil Code §§ 4775, 5550, and 5610. Those sections were revised to clarify utility service responsibility and establish a response framework when utility interruptions originate in HOA common areas. The purpose of this article is to provide a summary of SB-900 and best practices for community managers and boards of directors.

BY KUMAR S. RAJA, ESQ.

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uch like SB-326, which was adopted following the Berkeley balcony collapse in 2015, the origin of SB-900 comes from another real-world event. It was adopted after a condominium complex suffered a gas outage that spanned several months. With no hot water or heat, many of the 600 residents in that community resorted to microwaves, electric stoves, and portable showers. One podcast speculated that the unlivable environment was caused, in part, by poor reserve planning and insufficient reserve funds. Rising from that crisis, SB-900 emerged as a response from lawmakers to address future utility disasters.

Before SB-900, Civil Code § 4775 provided that associations were required to repair, replace, or maintain common area components, but if a utility outage (gas, water, etc.) extended into units, responsibility could be unclear or fall to the homeowner.

Now, HOAs are expressly responsible for repairs or replacements of utility services (gas, heat, water, electricity) that originate in the common area, even if the issue extends into a unit’s separate interest or exclusive-use common area, unless otherwise provided by the project’s governing documents or a utility provider’s pre-existing obligation. Importantly, SB-900 does not transfer maintenance and repair responsibilities to or from associations or relieve homeowners of their duties under the governing documents. In the event of a common area disruption, boards of directors must begin the process to make repairs to restore utility service within fourteen (14) days.

SB-900 anticipates that many boards of directors may possess procedural difficulties and funding shortfalls for addressing utility disruptions, particularly when the law now requires quick action when utility failures occur. Civil Code § 4775 was further revised to streamline the decision-making process for boards of directors and the sourcing of funds, if operating and reserve funds are insufficient to cover the costs of utility repairs.

In brief, the law now provides for a reduced quorum requirement if boards are not able to meet within fourteen (14) days to vote to commence the repair process – and Continued on page 28

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Plugged In...

Continued from page 27

that quorum is the total number of directors present at the first meeting after the 14th day (i.e., potentially one (1) board member). Voting by electronic means, such as email, is now permitted for board votes to initiate utility repairs or replacements.

As to repair funding, Civil Code § 4775 provides that HOAs may secure bank loans to cover the costs of utility repairs without member approval and levy emergency assessments upon the members to fund loan repayment following execution of a board resolution. To align with that change, SB-900 amended Civil Code § 5610 to state that emergency assessments now also include other hazardous conditions or circumstances on the property — that is, utility disruptions that cause danger to the community.

Beyond short term funding flexibility, SB-900 recognizes that

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communities likely do not possess long term funding strategies for utility repairs. Previously, Civil Code § 5550, the law describing reserve component requirements, generally referenced major components.

Now, that section defines major components to include gas, water, and electrical service lines which are the responsibility of the association.

To comply with SB-900, community managers should focus on proactive planning and organization, in consultation with the association experts. Engage the association’s legal counsel to identify the extent of the association’s ownership and responsibility for common area utility lines, which will help avoid disputes with homeowners, and then develop applicable maintenance procedures.

Consulting with the association’s qualified reserve analyst on a regular basis is critical. It is important to ensure that the reserve professional

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receives all relevant information regarding community projects and repairs. Organizing vendor files (consider Dropbox) to include bids and invoices, among other things, will assist the analyst with developing accurate utility repair and replacement costs for the reserve study. Another best practice is to develop a utility emergency response toolbox, which includes procedures to respond to disruptions, an emergency contact list of utility providers to ensure fast mobilization, and maps of existing utilities throughout the association.

Don’t let the response toolbox collect dust. The tools inside won’t help unless boards of directors know their value. Community managers and boards should work together to understand the importance of the reserve study in the context of SB-900, and why it’s critical to annually review the same with their reserve analyst through site visits and multiple meetings, if necessary.

For community managers and Changes to Workplace Safety & Harassment boards ofLaws directors, the message is Continued from page 35 clear: proactive planning is essential.

The previous law allowed California Legal counsel, reserve analysts, employers to seek restraining orders and detailed records are no longer on behalf of employees their just best practices; they and are the families where there was workplace foundation of compliance.

SB-900 violence threats of go remindsor uscredible that when the lights violence.

Theheat newfails law —expands out — or the disasterthis protection now allow employers preventiontowill depend upon how towell seek protection orders for you’ve prepared in advance. employees whotools, haveplanning, been harassed.

With the right and The new law defines harassment professional guidance, community as knowingcan andhelp willful conduct managers their boards keep that the seriously power onalarms, — both annoys literally or and harasses a specific person that figuratively. serves no legitimate purpose and would cause a reasonable person Kumar S. Raja, Esq. to suffer substantial emotional is owner of The Raja distress and must actually cause Law Center and substantial emotional distress.atThe can be reached legislature doeskumar@rajalawcenter.com. not want employers to have to wait until things escalate into violence before allowing the employer to seek an order of protection. As such, these changes permit an employer to act sooner

WARNING SIGNS OF INFRASTRUCTURE CHALLENGES NORTH COUNTY EDUCATION LUNCHEON & TRADE SHOW

On July 24th a full-house met at the Westin Carlsbad for an informative program on “Warning Signs of Infrastructure Challenges.” The program was presented by Elle Mondant, CMCA, AMS, FirstService Residential; Paul Pigott, EmpireWorks; Otto Reisenberg, Bergeman Group Construction Management.

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BrightView Tree Care Costa Roofing Diamond Roofing Dunn Edwards Corporation Eagle Paving EmpireWorks Enterprise Coatings Inc. Epsten, APC* Fenton Grant Kaneda & Litt, LLP Fiore Racobs & Powers, A PLC* First Citizens Bank Flanagan Law, APC* Four Seasons Tree Care, Inc. Generation Contracting & Emergency Services Golden Alliance Insurance Goldstar Asphalt Products Guard-Systems, Inc. GuardTop, by Sustainable Emulsions Hotwire Communications The Inspectors of Election Mason Reconstruction Modern Masters Painting Modern Pipe Solutions Monarch Landscape Companies NPG Asphalt O’Connell Landscape Maintenance Pacific Backflow Corporation Parking Squad Personal Touch Cleaning & Maintenance Precision Construction and Painting ProTec Building Services Pro-Tech Painting Ross Construction Management S.B.S. Lien Services

San Diego Roof Doctor SavATree, LLC SAX Insurance Agency* Tinnelly Law Group* TWM Roofing Inc. RESERVED TABLE SPONSORS GuardTop, by Sustainable Emulsions Rayco Exteriors TWM Roofing Inc Vantaca, LLC EDUCATION SPONSORS Alta Roofing & Waterproofing The Naumann Law Firm, PC NETWORK SPONSORS BRR Contractors EmpireWorks LandscapesUSA Life Specialty Coatings Nautilus General Contractors Ryan Construction Defect Law CLAC SPONSORS Apex Contracting & Restoration, Inc. LaBahn’s Landscaping LaBarre/Oksnee Insurance MCC-JWC Monarch Environmental PrimeCo Sherwin-Williams

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On June 26, over 250 attendees gathered for “Thrive 365”, the Chapter’s annual Education Conference at Paradise Point Resort.

This year’s program was geared towards better health and wellness within the industry. Attendees were encouraged to dress in comfortable clothes and featured a keynote lunch with fitness expert Kyle Valery from Stretch Affect. The four education sessions featured: Mental Health Challenges in Community Associations; presented by Dyanne L. Peters, Esq., Tinnelly Law Group and Tiffany N. Smith-Nguyen, Esq., Delphi Law Group AI 101 for Community Managers, Board Members, & Business Partners; presented by Kara Foley, CMCA, AMS, PCAM, Seabreeze Management Company; Cory Neubauer, NEXTIER Insurance Services, Inc.; Mike Perlof, CMCA, Fenton Grant Kaneda & Litt, LLP. Declutter Your Desk and Your Mind; presented by Amber Korody, CCAM, CMCA, Choice Management Solutions; Penny J. Manship, Esq., McKenzie Mena, LLP; Loura K. Sanchez, Keystone Pacific.

Mastering Time Tips: Less Stress & Extra Efficiency Presented by: Christina A. Ciceron, Esq., Ciceron Law and Heather Wiltshire, CCAM, CMCA, AMS, PCAM, N.N. Jaeschke, Inc. – An Associa Company.

The conference featured a packed trade show floor with the opportunity for managers and homeowners to meet a variety of Business Partners offering an array of services.

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THANK YOU TO OUR SPONSORS! PROGRAM SPONSORS

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Accurate Termite & Pest Control AD Magellan Adams | Stirling PLC Agricultural Pest Control Services Allied Trustee Services Alta Roofing & Waterproofing Animal Pest Management Inc. Antis Roofing & Waterproofing Association Reserves* Bald Eagle Security Services, Inc. Berg Insurance Agency (in partnership with LaBarre/Oksnee)* Bergeman Group Construction Management* Black Diamond Paving BrightView Landscape Services, Inc. BuildingLink.com, LLC California Commercial Coatings, Inc. CM2 & Associates, Inc. Delphi Law Group, LLP Eagle Paving Enhanced Landscape Maintenance Enterprise Coatings Inc. Epsten, APC* Fenton Grant Kaneda & Litt, LLP First Citizens Bank Flanagan Law, APC* Golden Alliance Insurance Goldstar Asphalt Products Guard-Systems, Inc.

Harvest Landscape Kriger & Schuber, APC* LaBahn’s Landscaping McKenzie Mena Mt. Helix Pest & Termite Control The Naumann Law Firm, PC Nautilus General Contractors NPG Asphalt O’Connell Landscape Maintenance Pacific Backflow Corporation Pacific Premier Bank Park West Pilot Painting & Construction* Precision Concrete Cutting Premier Roofing California Pro Star Mechanical Pro-Tech Painting Riley Pasek Canty LLP Roseman Law, AMC S.B.S. Lien Services San Diego Backflow Testing, Inc. San Diego Roof Doctor SAX Insurance Agency SCT Reserve Consultants* The Secret Ballot Smartstreet powered by Banc of California Southern Cross Property Consultants Structural Preservation Systems, LLC Tinnelly Law Group* Trash Day Can Carriers Western Towing

LUNCH SPONSORS OCBS Inc. RealManage SERVPRO of Sorrento Valley TWM Roofing Inc. PHOTOGRAPHY SPONSOR EmpireWorks NETWORK SPONSORS Advance Construction Technology Fenn Termite & Pest Control Life Specialty Coatings MC Contracting Nissho of California, Inc. PrimeCo Rayco Exteriors SERVPRO of San Diego City SW Vista Paint Corp.

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Responding to an Owner’s Request for HOA Records When a member/owner requests association records, it is important for the association to respond and act quickly to meet statutory deadlines. However, members are not entitled to inspect all records of the association.

BY VIVIAN TRAN, ESQ.

A

ssociation records subject to member inspection can be categorized as either an association record, an enhanced association record, or association election materials. (Civil Code § 5200). “Association records” include such items as annual budget reports and financial statements, income tax filings, board meeting minutes (except for executive session minutes), and executed contracts. “Enhanced association records” include such items as invoices, canceled checks, purchase orders, credit card statements, and reimbursement requests submitted to the association. Contrary to popular belief, audio records and video surveillance footage are not Association records and completely discretionary to produce.

Pursuant to Civil Code § 5210(a)(1), the association is only required to produce records for its current fiscal year (which need to be produced within ten [10] business days of receipt of the member’s request) and for its two (2) previous fiscal years (which need to be produced within thirty [30] calendar days of receipt of the member’s 32

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request). However, minutes of member meetings, board meetings, and meetings of committees with decision-making authority must be made permanently available for inspection. (Civil Code § 5210(a)(2).)

The association should endeavor to produce minutes of meetings older than the two (2) previous fiscal years within thirty (30) days, but as management and the record storage process may routinely change, there is some leeway as to the timeframe for producing these records as long as the Association makes a good faith effort to produce such previous years minutes as soon as possible past the thirty (30) day deadline.

Exceptions to a member’s inspection rights are records barred by any confidentiality, to avoid fraud, or records otherwise privileged under the law. (Civil Code § 5215.)

In such cases, those records may be withheld or redacted, and the Association must inform the member in writing that the requested records will not be produced due to any exceptions. (Civil Code § 5215(d).)

The Association may charge the member “an amount not in excess of $10 per hour, and not to exceed $200 total per written request, for the time actually and reasonably involved in redacting an enhanced association record.” (Civil Code § 5205(g).)

Management may also charge the member management’s costs for redacting the records, but unlike the association, management is not limited to $200 for the transaction.

The Association is required to inform the member of the estimated costs, and the member is required to agree to pay those costs, before redacting the records and providing them to the member. (Civil Code § 5205(g).)

Management’s costs for production should be paid directly from the member to management.

These days, members typically request for the records to be produced via electronic means. (Civil Code § 5205(h).) Otherwise, records must be made available at the association’s onsite business office or, if there is none, at a location agreed upon by the member and the association. (Civil Code § 5205(c)-(d).)

If there is no onsite business office and no alternative location can be agreed upon, or if the member submits a written request directly to the association for copies of the records, the Association may mail them to the member by individual delivery within the applicable deadlines for producing the requested records and bill the requesting member for the cost of mailing. (Civil Code § 5205(e) & (f).)

Note that a member also has the option of receiving the requested records “by electronic transmission or machine-readable storage media as long as those records can be transmitted in a redacted format that does not allow the records to be altered.” (Civil Code § 5205(h).) Where records are delivered by such means, “[t]he cost of duplication shall be limited to the direct cost of producing the copy of a record in that electronic format.” (Civil Code § 5205(h).)

We recommend consulting legal counsel whenever the association receives a records request to ensure compliance as failure to comply can result in a penalty to the association of up to $500 for the denial/non-production of each separate written request.

Vivian Tran. Esq. is an associate with Roseman Law, APC and can be reached at tran@roseman.law.

The CID Law Course was presented in April with a stellar faculty. This is the most comprehensive legal course available for professionals managing community associations. Faculty for this program included: Christina Ciceron, Esq., Ciceron Law APC; Johana Deleissegues, Adams | Stirling PLC; Daniel Heaton, Esq., DeNichilo Law, APC; Carrie Heieck, Esq., Tinnelly Law Group; Pejman Kharrazian, Epsten, APC; Laura Kwiatkowski, Law Office of Laura V. Kwiatkowski.

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