Summer 2025 Law Journal Editorial Committee Follow @CACMchat
Lorena Sterling, CAFM Community Association Financial Services (CAFS)
Brenda Hendricks, CCAM The Helsing Group Inc., ACMC
Shanne Ho, CCAM-HR.ND ProActive Professional Management
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DISCLAIMER: CACM does not assume responsibility for the accuracy of articles, events or announcements listed. Please be advised that the opinions of the authors who contribute to the Law Journal are those of the author only, and do not necessarily reflect the opinions of CACM and other industry attorneys. Please note that in a constantly evolving industry there are frequently multiple interpretations of the controlling statutes and case law. The information contained in these articles is of a general nature and not intended as legal advice. If you have any questions, please discuss them with your association’s legal counsel.
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Guest Editor’s Note
California and the nation are still reeling from the catastrophic wildfires that struck Los Angeles earlier this year. In the wake of these destructive wildfires, community associations are left to pick up the pieces, scrambling to understand their obligations and responsibilities and wondering how to prepare for the next disaster.
The possibility of a community association facing a disaster situation may seem far off and remote; however, an association facing a disaster level situation is a very real possibility and one that every community manager and board should be prepared to face. A disaster may be in the form of an unpredictable natural event, like a wildfire or earthquake, or it may take the form of a building collapse, like the building collapse in Surfside, Florida in 2021 or the balcony collapse in Berkeley, California in 2017.
Community associations are scrambling to understand their obligations and responsibilities and wondering how to prepare for the next disaster.
Some of the articles in this issue discuss how associations react in the wake of a disaster. For example, the financial strategies a community can utilize in order to fund and plan for rebuilding the community. Another article tackles the repercussions associated with disasters in communities, insurance issues and standards of care related to prevention and rebuild. A third article delves into how associations can plan for a community rebuild through its architectural guidelines and processes. In the aftermath of a disaster, it may also be necessary for an association to adopt emergency rules to temporarily address the emergency situation; this topic is also addressed in this issue.
Other articles look to assist associations in preparing for disaster in the future, including review of CC&R provisions to ensure damage and destruction and insurance provisions make sense in the event of a rebuild. A final article provides guidance on contract provisions that should be reviewed and included to protect association in the event a disaster interferes with contractual obligations.
The purpose of this Summer Issue of the Law Journal is to address the issues associations face in the aftermath of a disaster – whether a wildfire, earthquake or building collapse - to guide community managers and their associations to rise from the ashes of disaster to rebuild and prepare for the future.
Dyanne L. Peters, Esq., is an attorney with Tinnelly Law Group and has been serving the community association industry for over eight years. She provides legal counsel to homeowners associations throughout California, with a focus on governance, enforcement, and risk management.
Surviving Financial Strategies for Community Associations in Times of Crisis
By Daniel C. Heaton, Esq.
The Urgency of Financial Preparedness in Light of Recent Wildfires
The recent string of devastating wildfires across California has brought to light a stark reality: community associations must add disaster preparedness to their list of tasks. Disaster preparedness isn’t just about evacuation plans and emergency contacts; it also includes financial readiness. Community associations that take proactive steps today to fortify their financial strategies will be in a much stronger position when the unexpected happens. This article explores key financial challenges facing associations and the strategies community managers can use to help their boards safeguard their communities’ financial health in times of crisis.
Understanding the Growing Financial Strain on Community Associations
As a result of the recent fires, many associations have found themselves scrambling to rebuild, only to realize that their insurance policies fall short, their reserves are insufficient and their homeowners are unprepared for the ensuing financial burdens. The financial landscape for associations is changing rapidly, and boards that fail to adapt may risk leaving their communities vulnerable to insolvency.
California community associations are grappling with significant financial pressures driven by skyrocketing insurance premiums, increased wage costs and other inflationary economic forces. Furthermore, boards must recognize that disaster recovery expenses may undermine earlier efforts toward financial planning. Without strategic planning, these combined pressures can lead to budget deficits, deferred maintenance and legal disputes with homeowners. Notably, some of the most significant financial challenges associations face include:
Skyrocketing Insurance Premiums and Coverage Gaps
Many associations have experienced unprecedented increases in their insurance premiums, with some doubling, tripling, or even increasing tenfold or more in just the last few years. For instance, the California FAIR Plan reported that its total exposure increased by 61.3% in the year ending September 2024,1 reflecting a growing reliance as private insurers withdraw from high-risk areas.
At the same time, insurers are imposing higher deductibles and reducing available coverage limits, forcing associations to accept policies that may leave them underinsured. Associations must meet certain
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Surviving Disaster
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minimum insurance thresholds to qualify for certain legal protections for their members or directors,2 and many CC&Rs mandate additional policies. However, boards are required to make complex risk management and budgeting decisions as coverage becomes increasingly expensive and restrictive.
Rebuilding Expenses Following Natural Disasters
The cost of rebuilding after disasters is at an all-time high. In California, the average cost of reconstruction ranges between $400 and $700 per square foot,3 and can soar even higher in high-risk or high-demand areas.4 Associations may be responsible for common area repairs, structural rehabilitation and debris removal. Those without adequate reserves or insurance coverage may be forced to levy significant special assessments to cover these rebuilding costs, placing an unexpected financial burden on homeowners.
Economic Inflation and Rising Maintenance Costs
Inflation continues to drive up the costs of labor, materials and essential services. Over the past few years, the prices of construction materials alone have surged by nearly 25%, while labor costs continue to rise due to shortage of skilled workers. These escalating costs require associations to budget more aggressively and ensure their financial planning accounts for future inflation.
The Crucial Role of Community Managers in Identifying Financial Vulnerabilities
Community managers play a critical role in assisting boards to assess their financial health and address vulnerabilities before they escalate into crises. Some key areas where managers can provide valuable guidance include:
Insurance Gaps and Risk Management
Managers should collaborate closely with insurance professionals to ensure the association’s policies offer sufficient coverage. Annual insurance reviews should be conducted well in advance of policy renewal dates to help identify coverage gaps, deductible increases, and exclusions that could leave the community exposed. For example, at one upscale retirement community in Walnut Creek, residents faced an insurance crisis due to increased wildfire threats.5 This resulted in predominantly cash-only home sales, as buyers struggled to secure mortgages without adequate insurance coverage.
In California, the average cost of reconstruction ranges between $400 and $700 per square foot, and can soar even higher in highrisk or highdemand areas.
Raising Immediate Funds in Times of Disaster
When an association faces a financial crisis, whether caused by a natural disaster or another unexpected expense., several funding mechanisms are available. However, each option has its own legal and logistical considerations.
1. Emergency Assessments
Civil Code § 5610(c) allows boards to impose emergency assessments without a homeowner vote to cover unforeseen expenses necessary to repair or maintain the common areas. Historically, some associations relied on this mechanism to try to offset steep, unexpected increases in insurance premiums. However, because these increases are now a recurring and predictable issue, associations are finding it more difficult to argue that they are “unforeseen” and may face legal challenges to future attempts to use emergency assessments.
2. Revised Regular Assessments
Outdated Governing Documents
Many governing documents were drafted decades ago and fail to account for modern financial realities or impose and unrealistic insurance requirements. Managers should encourage boards to review and amend governing documents as necessary to clarify financial authority, emergency spending procedures and assessment protocols.
Reserve Fund Adequacy
Associations must visually inspect accessible common areas and prepare a reserve study every three years.6 Managers should ensure that boards review these studies at least annually, as required, and make necessary adjustments to meet recommended funding levels. Older communities should consider conducting more frequent onsite reserve studies and invite vendors to obtain the most accurate remaining useful life of components and their replacement costs.
Budgeting for Long-Term Sustainability
Effective budgeting involves more than just maintaining the status quo. Managers should assist boards in evaluating future expenses, making necessary adjustments (including proactive phased increases when needed) and implementing other strategies to ensure greater financial stability.
Adjusting regular assessments is a more sustainable approach to financial planning. However, boards cannot increase regular assessments by more than 20% per year without membership approval.7 Given the current insurance climate, associations should consider implementing the maximum increase for both regular and special assessments each year for the near future. This approach would help associations avoid sudden financial shortfalls and enable boards to more successfully argue that an emergency assessment is needed to pay insurance premiums.
3. Borrowing from Reserves
Many boards are unaware that before they can temporarily borrow from reserves to help meet short-term operational expenses, they must first satisfy strict requirements found in Civil Code § 5515:
• Provide written notice of an open meeting to discuss the transfer, including the reasons why it is necessary, options for repayment and whether the board is considering a special assessment.
• If approved, issue a written finding recorded in the board’s minutes that documents why borrowing funds is necessary and specifies when and how the funds will be repaid to the reserve fund.
• Repay the borrowed funds within one year unless an extension is properly noticed and approved through the same process.
Given these stringent requirements, managers should strongly encourage their boards to consult legal counsel before borrowing from reserves.
4. Securing Loans
Bank loans can provide a financial lifeline for associations dealing with major reconstruction projects or an unexpected financial crisis. However, loans often require conducting a membership vote for homeowner approval, as well as obtaining separate consent from mortgagees. Boards must also thoroughly evaluate repayment terms, interest rates and the potential impact on future assessments.
Transparent Communication with Homeowners
Effective communication is essential for maintaining homeowner support during challenging financial decisions. Boards should not introduce the necessity for a regular assessment increase for the first time at the same meeting where it’s approved, nor should they wait until ballots are mailed to explain why a special assessment or proposed loan is necessary. Instead, boards should allow homeowners to witness their struggles with significant financial issues. Community managers can assist boards by promoting transparency and fostering a broader community understanding of financial issues by:
Explaining Rising Costs
Many homeowners may not fully understand what drives cost increases. They often mistakenly assume that rising assessments result from financial mismanagement rather than from industry-wide trends. Members commonly believe that insurance premium increases stem primarily from claims and loss history. Managers should take time to provide clear, factual explanations about why costs are rising so that homeowners understand it is due to external economic and environmental factors often beyond the board’s control.
Presenting Financial Strategies
Encourage your boards to openly discuss financial strategies, including potential assessment increases, cost-cutting measures and long-term financial planning efforts. Homeowners are more likely to support financial decisions when they understand the rationale behind them and the advantages that one option may have over potential alternatives.
Managing Expectations
Hosting town hall meetings, issuing newsletters and utilizing digital communication platforms can help keep homeowners informed and engaged in the financial decision-making process.
Conclusion
The financial stability of an association depends on proactive planning and sound decisionmaking. As natural disasters become more frequent and economic pressures continue to rise, associations cannot afford to take a reactive approach to fiscal management. Community managers should assist boards identifying possible vulnerabilities, developing and implementing prudent fiscal strategies and communicating effectively with homeowners. By taking action today, associations can be prepared to withstand future crises and safeguard the long-term health of their communities.
[1] California FAIR Plan Association – Key Statistics & Data, www.cfpnet.com/key-statistics-data/.
[2] See, e.g., CA Civ. Code §§ 5800-5805.
[3] Insurance Information Institute, “Wildfire Risk and Rebuilding in the West” (2025), https://www.iii.org; see also Real Estate Skills, “How Much Does it Cost to Build a House in California in 2025?” October 2024.
[4] See MarketWatch, “L.A. fire victims face a dilemma: Sell their burned-down homes at a loss, or pay a staggering cost to rebuild?” Feb. 22, 2025 (reporting a contractor’s quote to rebuild a 3,800 square foot Pacific Palisades home for approximately $3,8 million, or about $1,000 per square foot).
[5] Michael Cabanatuan, San Francisco Chronicle, “California’s insurance woes have triggered a cash-only crisis at this upscale Bay Area Community,” www.sfchronicle.com/california-wildfires/article/rossmoor-cash-only-homesales-20025908.php.
[6 CA Civ. Code § 5550.
[7] CA Civ. Code § 5605.
Community associations that take proactive steps today to fortify their financial strategies will be in a much stronger position when the unexpected happens.
Daniel C. Heaton, Esq. is a Senior Attorney at DeNichilo Law, APC, exclusively serving as corporate and litigation counsel for community associations throughout California.
By Mark T. Guithues, Esq.
Effective Strategies for Assessment Collections
In our industry, effective collection strategies are essential for maintaining cash flow, ensuring financial stability and fostering positive member relationships. A wellstructured approach to collections can help communities minimize bad debt and streamline the recovery of overdue accounts, all while making it clear to owners that everyone is on a level playing field. This article will explore various collection strategies that your community can implement to enhance their collection processes.
1. Develop a Clear Assessment Collection Policy
California Civil Code § 5600(a) states that “the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this act.” Civil Code § 5730 requires associations to prepare a statement of assessment collection policies, and Civil Code § 5310 requires that statement be distributed to members as part of the Annual Policy Statement. A well-defined collection policy not only helps treat members equally but also ensures that both directors and members understand the expectations regarding timelines and the consequences of non-payment.
2. Implement Automated Payment Systems
Payment systems like Automated Clearing House (“ACH”) and direct deposit significantly help owners improve their payment efficiency by eliminating the monthly or quarterly decision to pay assessments. A community-wide effort to encourage automated payments is undisputedly the most effective way the board can assist owners avoid late payments. Next, while not required by the Civil Code, sending monthly invoices to owners also helps ensure timely payment and reduces the chance of human error.
3. Establish a Proactive Communication Plan
Communication is key in the collection process. Particularly when developing and implementing special or emergency assessments, a proactive communication plan should include regular letters, email blasts and meetings notifying owners about upcoming payment obligations. These communications should include alternative payment arrangements, such as installment plans. Managers and collection entities must constantly work to maintain open lines of communication with their clients, ensuring that Boards are regularly provided with a written status of each delinquent account. Finally, when a delinquent owner calls and their account has been turned over to collections, managers need to immediately forward that owner directly to the collection entity, so the owner is always provided with accurate invoices, updated with all the fees and costs associated with the collections process.
4.Encourage Boards to be Flexible with Payment Options
To facilitate bringing a delinquent owner current, and then to stay current in the future, Boards need to be willing to accept differing or flexible payment plans. Different owners respond better to different payment options based on their personal circumstances. For example, not everyone is paid the first and the 15th of the month. Many are paid random lump sums, some
have commission structures which pay quarterly, others have regular or occasional side jobs which bring in unpredictable cash flows.
It is sadly common for a board to simply dismiss, or harshly counter, a suggested payment plan which has been developed over multiple conversations between a collection entity and a delinquent owner. This is particularly frustrating because the collection entity may be on the phone every day working with the delinquent owner to develop a plan designed to be a final solution – not a first offer, but the board only meets and decides once a month. And many delinquent owners may be forced into bankruptcy or continued delinquency when faced with an inflexible board that is stuck on an unachievable payment plan. Flexibility in collecting can take various forms, such as accepting credit card payments, providing installment plans, or allowing owners to pay via digital payment platforms.
5. Bring Solutions to a Special Assessment Meeting
Recently, because of spiraling maintenance expenses caused by inflation, the “balcony bill,” and skyrocketing insurance rates, many communities have been hit with a record volume and dollar amount of special assessments. While fortunate that these challenges have not occurred during a time of economic downturn (like 2009 when property values plummeted and there were millions of unemployed), these special assessments can be especially difficult for two groups of owners: those who have purchased in the last five years and those who are on retirement incomes.
When planning to hold meetings to discuss special assessment, boards should consider inviting a representative of a local lender who can discuss various loan options available to owners, such as home equity lines of credit. Also consider inviting a lender who specializes in reverse mortgages who can explain how older owners can “unlock the equity” in their homes. Give these lenders an opportunity in your meeting to explain finance options so that owners - who are often frozen in fear and anger – have time to comprehend and envision a strategy to make the special assessment payments and stay in their homes. Another option would be to offer 6-to-12month payment plans for paying the special assessment. This can allow for owners to budget and plan for repayment over a longer period, without the need to incur addition interest costs and fees related to personal loans.
Boards should consider inviting a representative from a local lending institution to explain the different loan options available to homeowners, such as home equity lines of credit or reverse mortgages.
To be sure, special assessment meetings are generally unpleasant, but by providing owners with options for payment along with the reasons for the assessment, boards can sometimes soften the blow and increase their odds of timely payment.
Mark T. Guithues, Esq. is the founder of Community Legal Advisors Inc, a law firm providing assessment collection and general counsel services to community association clients, subdivision services to developer-declarant clients, and mediation and arbitration services to homeowner clients.
TRAGEDY AS A TURNING POINT
How Recent Tragedies are Reshaping the Standard of Care for California Community Associations and Impacting the Future
By Pejman Kharrazian, Esq.
This article explores three significant and unfortunate events that are having a lasting impact on California community associations — (1) The 2015 Berkeley, California balcony collapse; (2) the 2021 condominium building collapse in Surfside, Florida and (3) the skyrocketing cost of property insurance in large part due to recent California wildfires. This article also discusses ways to proactively plan for the outcomes stemming from these events. It is crucial for board members and community managers to understand how these developments impact their communities.
The Berkeley Balcony Collapse and the “Balcony Bill”: A New Era of Exterior Elevated Element Inspections
In 2015, six young people tragically lost their lives when a balcony collapsed in Berkeley, California. The aftermath revealed severe dry rot that had compromised the balcony’s structural integrity. The Berkley balcony incident led directly to the California legislature enacting the “Balcony Bill” 1 that mandates regular inspections of wooden Exterior Elevated Elements (EEEs) in multifamily buildings with three or more units. The Balcony Bill was codified as Civil Code § 5551. 2
As a result, community associations in California are now required to conduct visual inspections of EEEs — including balconies, decks, stairways and walkways — at least every nine years by a licensed structural engineer or architect. The first deadline for compliance was January 1, 2025, and many associations are still scrambling to meet the legal requirements and determine how to fund necessary repairs identified during inspections.
The Balcony Bill mandates proactive compliance. Failure to inspect and maintain EEE’s could expose an association to significant liability, including personal injury claims and fines. Boards should consult with professionals, such as legal counsel and reserve analysts, to review the association’s governing documents and reserve studies to ensure that adequate funding is available for inspections and repairs.
The Surfside Condominium Collapse: A Wake-Up Call on Reserve Funding and Deferred Maintenance
In June 2021, the Champlain Towers South condominium in Surfside, Florida partially collapsed, killing 98 people and drawing national attention to the importance of building maintenance, reserve funding and structural oversight. The lessons from Surfside resonate throughout the country, including here in California.
Following the tragedy, many states began reevaluating how community associations manage reserve funds and capital repair planning. There is growing momentum toward stricter enforcement of reserve study requirements, and it would not be surprising if the California legislature introduced minimum reserve fund requirements in the future. Boards, working with consultants, must now take a harder look at deferred maintenance and determine whether they are meeting their fiduciary duties to maintain the common areas in a safe and habitable condition.
Lenders and insurers are also becoming more cautious about deferred maintenance. Fannie Mae and Freddie Mac have issued updated lender guidance requiring more information on building conditions and deferred maintenance. For community associations, this translates into increased scrutiny during real estate transactions and the potential for financing delays if documentation is not up to date.
Wildfires and the Soaring Cost of Property Insurance
Wildfires have become a constant threat in many parts of California, and the insurance market has responded accordingly. Community associations across the state — particularly those located in or near designated fire risk zones — are experiencing dramatic increases in property insurance premiums. Some associations cannot obtain insurance coverage at all.
In some cases, insurance premiums have doubled or tripled. In other cases, insurance carriers have completely withdrawn from the market, forcing communities to seek coverage through the excess and surplus lines market, which often offers reduced coverage at a higher cost.
Rising insurance costs put enormous strain on association budgets and raise important questions about adequate reserve funding, regular assessment increases and special assessments. Boards must navigate insurance issues carefully, ensuring transparent communication with members and obtain expert advice on risk management.
Some associations are exploring self-insurance, risk pooling or higher deductibles to manage costs. Insurance, reserve and legal professionals should be involved in evaluating options to ensure compliance with governing documents and statutory requirements. In some cases, a community association’s governing documents may need to be amended to accommodate necessary changes to insurance coverage.
Moreover, the sheer volume of wildfires, including the massive fallout from the 2025 Los Angeles wildfires suggests that building material costs will also rise as communities strive to rebuild.
Conclusion: A Call for Proactive Governance and Consulting with Professionals
These three major events — a balcony failure, a condominium collapse, and persistent wildfire risk — underscore a shared lesson: reactive governance not sufficient. California community associations must adopt a proactive and informed approach to building safety, financial planning, and risk management.
What are some specific steps you can take now?
• Schedule required Exterior Elevated Elements (EEE) inspections in compliance with Civil Code § 5551;
• Consult with your reserve analyst and spend more time and effort to help prepare a more detailed and accurate reserve study and reserve funding plan;
• Engage insurance professionals early in the budgeting process and schedule an annual meeting to review insurance coverage with your insurance agent or broker;
• Communicate openly with members about risks, funding needs and legal obligations;
• Consider levying regular, special, or emergency assessments where necessary to defray costs and plan for the future financial needs of your association; and
• Update maintenance policies to reflect current best practices.
In this evolving landscape, community association boards that proactively prioritize diligence and professional guidance will be better positioned to protect their communities and fulfill their fiduciary duties.
Pejman Kharrazian, Esq., is an attorney at Epsten, APC, with nearly 20 years of experience representing community associations throughout California as both a litigator and corporate counsel.
How They Function
These “unsung heroes” of the CC&Rs specify the process for assessing damage, collecting insurance proceeds and deciding whether to rebuild or restore the property. In addition, they may specify how insurance proceeds are to be distributed and prioritized, and how any surpluses or shortfalls are addressed. On a fundamental level, they should also establish the conditions which trigger rebuild procedures by defining what “destruction” means (i.e., the properties are not safe for human habitation due to destruction, etc.).
For example, in cases of extensive damage, the CC&Rs’ damage and destruction section may establish a threshold for determining when rebuild is “mandatory.” Usually this is dictated by the availability of insurance proceeds to repair the common area under the Association’s master policy. CC&Rs may establish a minimum percentage of the projected costs of repair that the Association’s master policy covers and, if that percentage of the cost of repairs can be covered through insurance proceeds, rebuilding the common area(s) to their former condition is mandatory. In that case, it is likely that insurance will fall short of covering the complete rebuild, so
Well-drafted damage and destruction clauses provide owners and their mortgagees peace of mind, ensuring that in the event of a major loss, the focus remains on rebuilding rather than litigating.
clarifying the board’s right to impose special assessments for the remainder of the costs is critical.
These provisions then describe what happens if insurance coverage does not meet the minimum funding requirement for rebuilding. This can include “opt-out” procedures, whereby owners can vote not to rebuild and instead, have the property cleared and sold, with excess insurance proceeds being distributed back to them.
Similarly, if individual residences are destroyed but no common areas are damaged (potentially townhomes or other detached single-family residences), how is the rebuild process handled? Does the association’s master policy cover any of the damage and if so, does the board take control over the rebuild process? If not, what timelines and architectural approval processes must the owner comply with when restoring their property, to ensure the impact on surrounding property values is minor and temporary? In addition to ensuring a clear process for collecting and allocating insurance funds, providing authority for the association to levy special assessments, if needed, and establishing voting thresholds and procedures for major post-disaster decisions, the damage and destruction provisions can resolve disputes before they happen, by answering each of these questions in no uncertain terms.
What You Can Do
Author H. Jackson Brown Jr. wrote, “The best preparation for tomorrow is doing your best today.” In the world of community associations, particularly in disaster-prone California, preparation is more involved than the routine battery replacement for your fire alarms and storing your six-month emergency food supply in a safe place. Preparation also means ensuring that your CC&Rs are up-to-date and include wellwritten, concise damage and destruction provisions. Having unclear, overly cumbersome, or inapplicable language in CC&Rs can cause significant delays in responding to disaster and commencing major repairs. Be sure to work with legal counsel to ensure your association’s CC&Rs
provide for the following:
· Appropriate member voting percentages and procedures for rebuilding after a disaster;
· Procedures for raising money to fund major repairs and pay deductibles;
· Provisions clarifying the role of the association and board of directors during disasters, such as determining methods of repair and finishes, handling of insurance proceeds, etc.;
· Practical method(s) to distribute insurance and/ or sales proceeds if members vote not to rebuild; and
· Provisions clarifying rebuild timelines, architectural approvals, and authority/control over the repair process depending on insurance coverage and maintenance/repair responsibilities under the CC&Rs.
While we hope these portions of CC&Rs can collect dust for our lifetimes and generations to come, the ever-present risk of disaster makes them an indispensable emergency toolkit. If disaster strikes, and the damage and destruction sections of the CC&Rs need to be dusted off, boards and community managers alike will be grateful that they planned ahead and ensured their CC&Rs are current and relevant.
With eight years in the industry, A.J. Jahanian, Esq. is an attorney at Beaumont Tashjian and a part of the HOA legal counsel.
Architectural Reviews and Approvals in Rebuilding
Considerations for Associations Dealing with Destruction Caused by Natural Disasters
By Karyn A. Larko, Esq.
California has been hit by wildfires and other natural disasters in recent years. In the aftermath of such disasters, associations and their members may be faced with having to reconstruct their communities. Some of the issues association boards and managers should consider when homes and condominiums (“Dwellings”) must be reconstructed are addressed below.
FACILITATING RECONSTRUCTION
The reconstruction process can take years to complete. By acting now to ensure the original construction plans are kept in a safe place, if there is a disaster, the association can compare owner submitted plans for reconstruction with the original construction plans, and more quickly identify and evaluate any differences that will impact the appearance of the new dwellings. A licensed architect should be retained to perform this comparison and assist the board or architectural committee (“AC”) in evaluating differences.
The board should also adopt clear and detailed guidelines with the help of an architect, addressing the information and documentation needed to review owner reconstruction applications. These guidelines, which can be adopted through the rule adoption procedures in Civil Code § 4360 (or as emergency rules, if necessary), should address whether any changes in the dimensions or locations of the reconstructed dwellings will be considered, as well as whether any other modifications will be considered or required. Providing this information up front can save owners time and
money in planning for their reconstruction, reduce owner frustration and expedite the reconstruction.
Because building code requirements may have changed since the initial construction of the dwellings, the board or AC should work with an architect or general contractor to identify any such changes that will impact the appearance of the reconstructed dwellings, preferably before applications to reconstruct are submitted. This will further facilitate the application review process.
REQUESTS TO CHANGE DIMENSIONS OR LOCATIONS OF RECONSTRUCTED DWELLINGS
While the association is generally responsible for the reconstruction of the buildings in a condominium complex, there are instances where condominiums are built as single family detached dwellings or duplexes, for example, and the CC&Rs assign responsibility for reconstruction to the owners. In such instances, it is generally not possible for the board or AC to approve changes to the dimensions or locations of units and buildings because the dimensions and locations of the units and buildings are dictated by the condominium plan. To approve such changes, the condominium plan must be amended.
When it comes to planned developments, the board or AC may generally approve alterations to reconstructed dwellings, subject to any size, set back or other construction requirements and restrictions contained in the CC&Rs and rules. It may be possible for a board to grant
variances to requirements set forth in the CC&Rs, if appropriate, depending on the precise wording of the CC&Rs. Upon a vote of the members, it may also be possible to amend the CC&Rs to revise these requirements as the board deems appropriate.
In the event construction requirements and restrictions are contained solely in the rules, the board or, in some instances, the AC, may amend the rules.
REQUESTS FOR OTHER CHANGES TO RECONSTRUCTED DWELLINGS
For aspects of construction which may not be specified in the CC&Rs (e.g., color schemes, exterior finishes), an association can be more flexible in approving modifications to the originally constructed dwellings. However, as quickly as feasible, the board or AC should meet with an architect to determine what kinds of changes should and should not be permitted to ensure the reconstructed dwellings are in harmony with any surviving structures. If necessary to expedite approvals to avoid risk of substantial economic loss to the association, these
changes can be adopted as emergency rules pursuant to Civil Code § 4360(d) so owners have this information when planning their reconstruction.
A board may also want to consider amending the CC&Rs or rules to allow or require nonflammable roofs, fire-resistant landscaping or other changes, to better protect the community from future disasters.
TIME LIMITS FOR RECONSTRUCTION
The governing documents may impose time limits on when owners must start and complete their reconstruction. It is important for the board to promptly review any time limits and evaluate whether these limits are reasonable given the extent of the damage to the community and surrounding area, as well as related environmental challenges (e.g. issues related to the removal and disposal of construction debris), the availability of architects and contractors to prepare plans and perform reconstruction, possible permitting and inspection delays, materials shortages and delays in the processing of insurance claims.
board should consider amending the governing documents, or granting variances, if permitted by the governing documents, to temporarily lift this prohibition in the event of significant destruction. The amendment can and should limit the use of these items to specified periods of time and purposes, such as for construction supervision and meetings.
COMMUNICATIONS
Communicating with displaced owners can be especially challenging. Providing the CC&Rs, architectural/construction rules and the architectural application form on the association’s website and proactively requesting updated contact information can help facilitate the reconstruction process and enable the association to timely address any reconstruction issues.
PRACTICE TIPS
Many CC&Rs contain an article that expressly addresses destruction of the community. Reviewing and, if appropriate, amending this article to address reconstruction issues more fully before a disaster occurs could help accelerate the reconstruction process.
If the governing documents mandate a shorter reconstruction timeline than is reasonable under the circumstances, the board should amend the timeline. If the governing documents do not impose time limits on reconstruction, the board may want to amend the governing documents to include a reasonable time limit to help ensure owners diligently pursue the reconstruction of their dwellings.
On a related note, if the governing documents do not impose a reasonable deadline for clearing properties within the community of any construction rubble and other debris, the governing documents should be amended, or an emergency rule adopted, to impose a deadline since the existence of these materials may pose a health and safety hazard for the community. Additionally, it may take years for owners to rebuild and some owners may not be able to rebuild. Removing the rubble and debris will help improve the appearance of the community until the community can be fully reconstructed.
THE USE OF CONSTRUCTION TRAILERS, PORTA-POTTIES, LIVE-IN TRAILERS, RVS, ETC. DURING RECONSTRUCTION
If the governing documents prohibit construction trailers, RVs or porta-potties, the
Proactively establishing an easy process for owners to submit updated contact information to the management company, such as through a website or portal, and periodically notifying owners of this process can help to re-establish communications with owners after a disaster.
Karyn A. Larko, Esq. is an attorney at Epsten APC based out of San Diego, California. Larko specializes in community association counsel with 16 years of experience in the industry.
By Samuel Roth, Esq.
Disasters such as wildfires can severely impact an association’s contracts with its vendors. As the risk of destruction increases throughout California, associations may find themselves paying for services that are never performed. However, there are a few defenses and some key provisions that associations can include in their contracts with vendors to protect themselves from the unexpected.
Without express terms regarding termination, associations are left with weak common-law contract defense s
In the absence of express contract terms on the subject, three common law doctrines or “defenses” may apply to an association’s contractual obligations in the event of a disaster.
The first defense is the doctrine of impossibility, which provides that contractual performance may be excused where performance has been rendered impossible due to unforeseeable events entirely outside the control of the contracting parties. If a court concludes that the performance of the contract has been rendered impossible, the court will generally discharge the parties from the contract.
The second defense is the doctrine of impracticability, where performance can only be done at an excessive and unreasonable cost. To argue impracticability, an association must show (1) an external event rendered contractual performance impossible or extremely
difficult, and (2) the nonoccurrence of the external event was a “basic assumption” of the contract. To satisfy this “basic assumption” factor, courts look at whether the external event was unforeseeable and whether the risk of the external event happening was within the parties’ control.
Obviously, wildfires and other natural disasters are not within the control of the parties. However, the issue becomes whether these events are foreseeable The immense increase in the force and frequency of wildfires within the state will make it difficult to successfully argue that such an event was not foreseeable.
The last defense under common law is the doctrine of frustration of purpose. Unlike impossibility and impracticability, frustration of purpose applies even where a party can still perform. The argument here is that performing does not make sense because the scope of work has changed significantly
from what was originally contracted for. An example is where most of the landscaping to be maintained has burned down.
The two main factors courts look at to determine whether to apply the doctrine of frustration of purpose are totality and foreseeability. The more totally frustrated the party is (i.e., the less sense it makes to perform), the more likely this totality requirement will be met. However, once again, we run into the issue of foreseeability.
While these three common law defenses may apply whether such language is expressly included in an association’s contract, the courts rigidly apply the standards discussed above and prefer to put the onus on the contracting parties to account for these risks beforehand and adhere to the contracts they sign.
As wildfires become more frequent and more devastating, these defenses will be increasingly difficult to rely upon. Therefore, associations should allocate risk expressly via the terms of their contracts by including the following key provisions.
Force majeure
A term you have probably heard or seen before is “force majeure.” Force majeure is a French term meaning something along the lines of a “superior force.” It is often used interchangeably with “acts of god,” however, force majeure is more expansive and often includes acts of people such as riots, strikes, and wars.
Force majeure is a clause that details the rights and remedies of the parties in the case of an external event happening that is beyond the parties’ control. Such a term allows the parties to expressly allocate risk for certain events by providing notice to the other party about the types of events that may excuse their performance.
Without a force majeure clause in the contract, parties could be at the mercy of a court’s interpretation and application of the common law doctrines detailed above. This is generally not favorable to associations due to the increased foreseeability of disasters such as wildfires as discussed above.
Because of this, it is paramount for associations to include a clear and concise force majeure clause in any contract where the rights and duties of the association could be affected by a wildfire, earthquake, or other similarly devastating event. This is
especially true as the association’s duties under its contracts are typically to provide payment in exchange for services.
A recent example is the COVID-19 pandemic, during which many businesses attempted to rely on force majeure provisions in their leases to withhold rent payments while their businesses were forced to shut down. Force majeure provisions typically did not specifically state that businesses could withhold rent if there was a pandemic, and courts often held that COVID-19 did not make it impossible or impracticable for these businesses to still pay rent. If they had the money, they were required to do so regardless of whether their doors could stay open.
Termination at will
Another provision to include in any contract is termination at will or sometimes called termination for convenience. Such a provision allows one party to terminate the contract upon providing prior written notice to the other party. Typically, such clauses will include a 30- or 60-day prior written notice requirement and allow for the vendor to be paid for services performed up to the date of termination. This provision also provides associations with a way out of the contract if something happens other than a force majeure event, such as simply being unhappy with the other party’s performance or running short of funds.
Conclusion
Whenever interpreting, drafting or negotiating a contract, you should always contact your association’s legal counsel. They are in the best position to provide legal guidance and properly allocate risk between an association and its vendors at the outset to avoid serious issues from rearing their head later down the road.
Samuel Roth, Esq. is an attorney at Kriger & Schuber, APC in La Mesa, specializing in Community Association Law with three years of industry experience.
COMMUNITY CRISIS RESPONSE
Putting Association Emergency Rules Into Action
By Matt Ober, Esq.
WHAT IS THE EMERGENCY?
Inany community association emergency, the HOA will look to management first as its guide as to what emergency relief is needed both in the short term and for the long haul. The first step for management is to identify the emergency and its impact on the common areas and residents. Whether it’s a local emergency involving a toxic spill or a statewide drought, management must evaluate the impact of the emergency on the association. In the case of a COVID-type outbreak or a wildfire, a community manager will need an emergency action plan which must include rule enforcement in an emergency or crisis.
Under the Davis-Stirling Common Interest Development Act (“DS Act”), operating rule adoption or amendment, requires member notice and a 28-day review and comment period before the board approves the rule change. Obviously, where there is an imminent threat to health or safety, an association cannot wait 28 days to address it. Therefore, in an emergency, the DS Act provides an exception allowing for immediate action to address the crisis in the moment.
Civil Code § 4360 (d) provides a board with essential emergency rule amendment and adoption authority without notice or a 28-day review and comment period. Rule adoption under this emergency procedure requires a board determination of 1) an imminent threat to public health or safety, or, 2) an imminent risk of substantial economic loss to the association. The emergency rule is effective for a maximum of 120 days.
The true measure of a board isn’t just how it manages day-to-day operations, but how it responds when community safety and welfare are at risk.
Note, however, that an emergency rule adopted pursuant to Civil Code § 4360 (d) cannot be readopted. If the association anticipates that the emergency circumstances will extend beyond 120 days (for example, pool-use rules during the COVID years), the same rule should also be channeled through the general 28-day review and comment process and adopted by the board as a permanent rule until repealed when the emergency condition no longer exists.
DO WE REALLY NEED A RULE FOR THIS?
Whether in an emergency or not, rules for the sake of rules are ineffective. All too often we find community rules contain duplicative rules or rules that address conditions no longer present in the community. A rule making process must start with a determination of whether the community’s existing governing documents address the emergency situation. Not every emergency requires a rule change. After identifying the emergency and assessing the impact on the community, and before creating a new rule, review the CC&Rs and bylaws to determine the extent of the board’s authority over a given emergency situation. Often, the governing documents provide the board or association with
broad authority to act in a variety of circumstances. Of course, unless it is clear, seek advice from legal counsel as to whether the governing documents authorize the needed action or if an emergency rule change is required.
DRAFTING WITH CLARITY; TRANSPARENCY MATTERS
A well-drafted emergency rule leaves no room for misinterpretation and clearly addresses the imminent threat while staying within the board’s authority under Civil Code § 4360(d). The emergency rule must be drafted with clarity to ensure it is understood and easily followed. Leave no room for uncertainty or “creative interpretation.” Remember, the emergency rule is addressing a threat to health and safety or an imminent risk of substantial loss to the association. It must be clear, concise and leave nothing to doubt. Use simple, direct language and include the following critical elements of rulemaking:
PURPOSE | What conditions, circumstance or issue is being addressed;
AUTHORITY | State the board’s authority for the emergency rule;
SCOPE | How long will the rule be in effect and what areas or facilities are covered;
SPECIFICS | What is prohibited or required; who must comply; and include all necessary details for compliance.
In order to obtain immediate and communitywide acceptance of the emergency rule, explain the emergency circumstances justifying the rule and why the rule is necessary. Of course, before putting the rule in place, have legal counsel review it for clarity, enforceability and to ensure consistency with the authority under the Governing Documents.
WHEN THE SMOKE CLEARS
As important as it is that the emergency rule is in place immediately to address the emergency, the rule should be repealed once the emergency has been resolved. Assess and document that the emergency has ended. Have relevant experts confirmed the threat has been resolved or that the emergency has ended? Document the board’s findings that the emergency circumstances have ended and have the board move to repeal the
emergency rule. Notify all members promptly that the rule is no longer in effect and why. And of course, thank members for their cooperation during the emergency.
LEADING THROUGH CRISIS
Emergency rulemaking authority serves as a critical tool for association boards facing imminent threats to their communities. While this power should be exercised judiciously, boards that follow proper procedures can effectively protect residents and property when time is of the essence. By understanding the requirements of Civil Code § 4360(d), documenting thoroughly, communicating transparently and promptly ending emergency measures when the crisis passes, boards demonstrate responsible leadership that balances urgent action with good governance principles. The true measure of a board isn’t just how it manages day-to-day operations, but how it responds when community safety and welfare are at risk. Utilizing the above process, community management can ensure that emergency rules, when implemented properly, showcase a board’s commitment to its fundamental duty: protecting the community it serves.
Matt Ober, Esq., a partner at Richardson | Ober, has 35 years of experience serving as Community Association General Counsel throughout California.
2024-2025 LEGAL DIRECTORY
ASSESSMENT COLLECTION SERVICES
ALLIED TRUSTEE SERVICES
Assessment Collections
Stefan Murphy Serving All of California 1601 Response Rd., Ste. 390 Sacramento, CA 95815 (800) 220-5454
smurphy@alliedtrustee.com www.alliedtrustee.com
ALTERRA ASSESSMENT RECOVERY
Assessment Collection Services
Steven J. Tinnelly Esq., President Advanced, Efficient, Effective HOA Assessment Recovery 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 (888) 818-5949
ramona@tinnellylaw.com www.alterracollections.com
AXELA TECHNOLOGIES, INC.
Community Associations Collections
Welcome to the Future of Collections 7215 NE 4th Ave., Unit 101 Miami, FL 33138 (800) 875-9221
luis@axela-tech.com www.axela.com
COMMUNITY LEGAL ADVISORS, INC.
General Counsel & Assessment Collections
Mark Guithues, Esq., Laurie Masotto, Esq., Jeffrey Speights, Esq., Jay J. Brown, Esq.
Inland Empire, Orange County, San Diego County 509 N. Coast Highway Oceanside, CA 92054 (760) 529-5211 • Fax (760) 453-2194 mark@attorneyforhoa.com www.attorneyforhoa.com
FELDSOTT, LEE & NICHTER, ATTORNEYS AT LAW
General Counsel, Community Association Law
Stanley Feldsott, Martin Lee, and Austin Nichter
Laguna Hills, California 23161 Mill Creek Dr., Ste. 300 Laguna Hills, CA 92653 (949) 729-8002 • Fax (949) 729-8012 feldsott@gmail.com www.cahoalaw.com
UNITED TRUSTEE SERVICES
Trusted Partners In Assessment Collections
Lisa E. Chapman
HOA Assessment Collection Services 696 San Ramon Valley Blvd., Ste. 353 Danville, CA 94526 (925) 855-8554 • Fax (925) 855-8559 lisa@unitedtrusteeservices.com www.unitedtrusteeservices.com
ATTORNEYS
BERDING | WEIL
Construction Defect Litigation, General Counsel Services
Steven Weil, Tyler Berding, Chad Thomas, Daniel Rottinghaus, Andrew Baugh, Paul Windust
Walnut Creek, San Diego, Orange County, Sacramento 2175 North California Blvd., Ste. 500 Walnut Creek, CA 94596 (800) 838-2090 • Fax (925) 820-5592 jjackson@berdingweil.com www.berding-weil.com
CHAPMAN & INTRIERI, LLP
Construction Defect Litigation
John W. Chapman, Esq. Alameda, Roseville, San Diego, Orange County 2236 Mariner Square Dr., Ste. 300 Alameda, CA 94501 (510) 864-3600 • (510) 864-3601 spencer@cnilawfirm.com www.cnilawfirm.com
COMMUNITY LEGAL ADVISORS, INC.
General Counsel & Assessment Collections
Mark Guithues, Esq., Laurie Masotto, Esq., Jeffrey Speights, Esq., Jay J. Brown, Esq. Inland Empire, Orange County, San Diego County 509 N. Coast Highway Oceanside, CA 92054 (760) 529-5211 • Fax (760) 453-2194 mark@attorneyforhoa.com www.attorneyforhoa.com
DELPHI LAW GROUP, LLP
Community Association Law
Christina Baine DeJardin, James McCormick, Jr., Kyle Lakin, Zachary Smith Carlsbad, Indian Wells 5868 Owens Ave., Ste. 200 Carlsbad, CA 92008 (844) 433-5744 • Fax (760) 820-2696 info@delphillp.com www.www.delphillp.com
EPSTEN, APC
Association Counsel, Civil Litigation, Construction Defect Litigation Commercial CID Counsel, Senior Housing & Assessment Recovery
Jon Epsten, Esq. & Susan Hawks McClintic, Esq. San Diego | Coachella Valley | Inland Empire 3111 Camino del Rio North, Ste. 560 San Diego, CA 92108 (858) 527-0111 • Fax (858) 527-1531 info@epsten.com www.epsten.com
FIORE RACOBS & POWERS, A PLC
Community Association Law and Assessment Collections
Jacqueline D. Foster, Esq.
Peter E. Racobs, Esq.
John R. MacDowell, Esq. The Recognized Authority in Community Association Law
Orange County | Inland Empire | Coachella Valley l San Diego County (877) 31-FIORE • Fax (949) 727-3311 dweissberg@fiorelaw.com www.fiorelaw.com
GURALNICK & GILLILAND, LLP
Association Law, Assessment Collections, General Counsel
Wayne S. Guralnick, Robert J. Gilliland Jr. Serving Community Associations for Over 30 Years 40004 Cook St., Ste. 3 Palm Desert, CA 92211 (760) 340-1515 • Fax (760) 568-3053 wayneg@gghoalaw.com www.gghoalaw.com
HICKEY & ASSOCIATES, P.C. Community Association Law
David E. Hickey, Esq. 27261 Las Ramblas, Ste. 120 Mission Viejo, CA 92691 (949) 614-1550 • Fax (949) 748-3990 dhickey@hickeyassociates.net www.hickeyassociates.net
HUGHES GILL COCHRANE TINETTI, PC Community Association & Construction Defect Law
John P. Gill, Esq. l Amy K. Tinetti, Esq. 1350 Treat Blvd., Ste. 550 Walnut Creek, CA 94597 (925) 926-1200 • Fax (925) 926-1202 atinetti@hughes-gill.com www.hughes-gill.com
THE JUDGE LAW FIRM
HOA Law
James Judge, Esq. Providing General Counsel & Collection Services Throughout CA for Over 20 Years 300 Spectrum Center Dr., Ste. 100 Irvine, CA 92618 (949) 833-8633 • Fax (949) 833-0154 info@thejudgefirm.com www.thejudgefirm.com
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LOEWENTHAL, HILLSHAFER & CARTER, LLP
Community Association Law I Construction Defect Litigation
David A. Loewenthal I Robert P. Hillshafer
Los Angeles, Ventura & Surrounding Counties 5700 Canoga Ave., Ste. 160 Woodland Hills, CA 91367 (866) 474-5529 • Fax (818) 905-6372 info@lhclawyers.net www.lhclawyers.net
THE NAUMANN LAW FIRM, PC
Attorney and Construction Defect Analysis
William H. Naumann I Elaine Gower Over 40 Years of Excellence 10890 Thornmint Rd. San Diego, CA 92127 (844) 492-7474 elaine@naumannlegal.com www.naumannlegal.com
PRATT & ASSOCIATES, APC
Community Association Law
Sharon Glenn Pratt Los Gatos, CA 634 North Santa Cruz Ave., Ste. 204 Los Gatos, CA 95030 (408) 369-0800 • Fax (408) 369-0752 spratt@prattattorneys.com www.prattattorneys.com
RAGGHIANTI FREITAS LLP
Community Association Law Construction Defects & Mediation
David F. Feingold, Esq.
Matthew A. Haulk, Esq. Serving Bay Area Communities Since 1986 1101 Fifth Ave., Ste. 100 San Rafael, CA 94901 (415) 453-9433 • Fax (415) 453-8269 dfeingold@rflawllp.com www.rflawllp.com
RICHARDSON | OBER LLP
Community Association Law, Assessment Collection
Kelly G. Richardson | Matt D. Ober Throughout California (877) 446-2529 info@roattorneys.com www.roattorneys.com
SWEDELSONGOTTLIEB
Community Association Law Construction Defect Assessment Collection
David C. Swedelson, Esq., Sandra L. Gottlieb, Esq., Cyrus Koochek, Esq.
Los Angeles | Orange County | Palm Desert | San Francisco l Ventura 11900 W. Olympic Blvd., Ste. 700 Los Angeles, CA 90064 (800) 372-2207 • Fax (310) 207-2115 slg@sghoalaw.com www.lawforhoas.com
TINNELLY LAW GROUP
Community Association Law
Steven J. Tinnelly, Managing Partner & Richard A. Tinnelly, Senior Partner Orange County | Los Angeles | San Diego | Coachella Valley | Northern CA 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 (949) 588-0866 ramona@tinnellylaw.com www.tinnellylaw.com
WHITE LAW GROUP, INC.
Community Associations, Real Property Disputes
Steven M. White, Esq. 1530 The Alameda, Suite 215 San Jose, CA 95126 (408) 345-4000 • Fax (408) 345-4020 info@whitelginc.com whitelginc.com
WHITNEY PETCHUL APC
Community Association Attorneys
Fred T. Whitney, Esq. / Dirk E. Petchul, Esq. From Inception To Build-Out And Beyond 27 Orchard Rd. Lake Forest, CA 92630 (949) 766-4700 • Fax (949) 766-4712 dpetchul@whitneypetchul.com www.whitneypetchul.com
WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
Community Association Law
Michael W. Rabkin, Esq. 11400 W. Olympic Blvd., 9th Floor Los Angeles, CA 90064 (310) 744-4100 • Fax (310) 479-1422 mrabkin@wrslawyers.com www.wrslawyers.com
CONSTRUCTION DEFECT ANALYSYS
BERDING | WEIL
Construction Defect Litigation, General Counsel Services
Steven Weil, Tyler Berding, Chad Thomas, Daniel Rottinghaus, Andrew Baugh, Paul Windust
Walnut Creek, San Diego, Orange County, Sacramento 2175 North California Blvd., Ste. 500, Walnut Creek, CA 94596 (800) 838-2090 • Fax (925) 820-5592
jjackson@berdingweil.com www.berding-weil.com
FENTON GRANT KANEDA & LITT, LLP
Construction Defect Litigation and CID Law
Charles R. Fenton, Esq. & Joseph Kaneda, Esq.
Servicing California and Nevada Communities for Over 25 Years 2030 Main Street, Ste. 550 Irvine, CA 92614 (949) 435-3800 • Fax (949) 435-3801 cfenton@fentongrant.com www.fentongrant.com
THE MILLER LAW FIRM
Construction Defect Analysis & Litigation
Thomas E. Miller, Esq.
Rachel M. Miller, Esq.
The Authority in California Construction Defect Claims for 40 Years 19 Corporate Plaza Dr. Newport Beach, CA, 92660 (800) 403-3332 • Fax (929) 442-0646
Construction Defect Resolutions & Construction Defect Analysis Attorneys
Rick Riley, Melissa Pasek, Kevin Canty, Joe Seltzer
Representing Community Associations
Throughout the State of California 780 San Ramon Valley Blvd. Danville, CA 94526 (844) 775-5000 JWebster@RileyPasek.com www.rileypasek.com
ELECTION ADMINISTRATION
THE INSPECTORS OF ELECTION
Providing Superior Election Support for California HOA’s Since 2006
Kurtis Peterson
Completely Independent
Full-Service Election Provider 2794 Loker Ave. W., Ste 104 Carlsbad, CA 92010 (888) 211-5332 • Fax (888) 211-5332 kurtis@theinspectorsofelection.com www.theinspectorsofelection.com
LIBERTY HOA ELECTION SERVICES, LLC
Election Administration
Deanna M. Libert
We Make Association Voting Management Easy 1900 Camden Ave. San Jose, CA 95124 (408) 482-9659 deanna@hoaelection.com www.hoaelection.com
RESERVE STUDY FIRMS
ASSOCIATION RESERVES
Reserve Studies
Paige Schauermann
Rely on the Experts to Budget Responsibly with a Reserve Study 2945 Townsgate Rd., Ste. 200 Westlake Village, CA 91361 (800) 733-1365 pschauermann@reservestudy.com www.reservestudy.com
THE HELSING GROUP, INC.
Reserve Study Firm
Ryan Leptien
Serving All of California 4000 Executive Pkwy., Ste. 100 San Ramon, CA 94583 (925) 355-2100 • Fax (925) 355-9600 reservestudies@helsing.com www.helsing.com