ECHO Journal - April 2015

Top Traits of Great Boards of Directors p.10

HOA Emergency Planning

The Lost Art of Roof Maintenance

p. 20

p. 26

Responding To a Recall Petition p. 30

Does the Tow Company Owe You Money? p. 34

April 2015

Serving Community Associations

echo-ca.org

What Differentiates a Great Board from an OK Board? p. 10

ECHO 1960 The Alameda STE 195 San Jose, CA 95126 Change Service Requested

PRSRT STD U.S. Postage PAID Modern Litho 210

news from ECHO

News From ECHO April 2015 We at ECHO are constantly trying to bring you the most critical information you need, from experts in the industry, to help you govern your communities.

For the first time, we are hosting a 2/3 day seminar in the East Bay, which includes lunch and two concurrent tracks of presentations, along with a room full of professionals ready to answer all your questions. And for ECHO HOA Members, it’s FREE! Save the date, May 9, from 8:30 am to 2:30 pm at the Concord Hilton.

Our popular three part “HOA University” course will give you the fundamentals in finance, insurance and legal compliance. Those attending all three sessions will receive a certificate recognizing your commitment to independent HOA board member education.

We’ll also bring you sessions addressing litigation, how to avoid it and what to do when you can’t; contracting for a big project, hiring experts, and using them effectively; and an interactive, facilitated session addressing real life situations that affect your community.

Please join us for a day of board education in the East Bay. Details are on pages 6 and 7. Reserve your place by returning the form to us, or by registering online at www.echo-ca.org/events.

For those of you in the South Bay, mark June 20 on your calendar. We’re bringing our Annual Seminar and Trade Show back to the Santa Clara Convention Center, with FREE parking, FREE lunch, and a new location inside with classrooms right next to the Exhibit Hall. We’ve lined up a completely different group of speakers and topics, so come to both!

Best,

Brian Kidney Executive Director

April 2015 | ECHO Journal

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CONTENTS

34 10

30

26 20

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10

Top Traits of Great Boards of Directors Great boards develop, maintain and value their credibility and their integrity. All boards are potentially great boards. By determining which of the top traits can be incorporated in to your board, you can achieve outstanding service for the community and a satisfying experience for each board member.

20

HOA Emergency Planning As with any Board action or decision, a continual process of risk analysis and mitigation must be employed while the board is developing the emergency plan for their community. Through this risk management process the Board’s decisions should incorporate adequate safeguards to avoid legal challenges and exposure to litigation.

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The Lost Art of Roof Maintenance By being proactive with one of your significant assets you can make sure the roof will last. It all starts by being aware of how your complex was constructed and what you have to do to make sure the roof lasts as long as it was intended to last..

30

Responding To a Recall Petition Pursuant to California Corporations Code §7222 (a), with or without cause, the membership may recall the entire board or individual directors, subject to cumulative voting limitations.

34

Does the Tow Company Owe You Money?

If a tow company has filed a collection against you for tow and storage fees, or if you think the vehicle was sold for less than it was worth, you can file a Small Claims action to collect what is due, and/or remove unfair collections if the tow company did not follow the regulations.

The ECHO Journal is published monthly by the Educational Community for Homeowners. The views of authors expressed in the articles herein do not necessarily reflect the views of ECHO. We assume no responsibility for the statements and opinions advanced by the contributors to the magazine. It is released with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service.

If legal advice or other expert assistance is required, the services of a competent professional should be sought.

Acceptance of advertising does not constitute any endorsement or recommendation, expressed or implied, of the advertiser or any goods or services offered. We reserve the right to reject any advertising copy.

Copyright 2015 Educational Community for Homeowners. All rights reserved. Reproduction, except by written permission of ECHO is prohibited.

The ECHO membership list is never released to any outside individual or organization.

ECHO 1960 The Alameda, Suite 195 San Jose, CA 95126 408-297-3246 Fax: 408-297-3517 www.echo-ca.org info@echo-ca.org Office Hours Monday-Friday 9:00am to 5:00pm Board of Directors and Officers President David Hughes

DEPARTMENTS

3

News from ECHO

6

East Bay Regional Seminar in Concord – Saturday, May 9th.

8

2015 ECHO Educational Calendar

9

NEW at echo-ca.org

17

ECHO 43rd Annual Seminar & Tradeshow in Santa Clara – Saturday, June 20th

38

ECHO Bookstore

41

Advertiser Index

42

ECHO Event Calendar

43

ECHO Volunteers

Vice President Karl Lofthouse Treasurer Diane Rossi Secretary Carly Melius Directors Jerry L. Bowles John Garvic Adam Haney Stephanie Hayes David Levy

Robert Rosenberg Brian Seifert Wanden Treanor Steven Weil

Executive Director Brian Kidney Director of Marketing & Membership Carly Melius Director of Communications Tyler Coffin Legislative Consultant Mazzoni and Associates Design and Production Design Site ECHO Mission Statement Serving Community Associations

April 2015 | ECHO Journal

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New For 2015, FREE Attendance for ECHO HOA Members!

EAST BAY REGIONAL SEMINAR Saturday, May 9, 2015

A mini tradeshow with lots of HOA professionals

Learn how to conduct meetings and elections properly!

ECHO HOA Members: Register for FREE Today!

Join other HOA owners and ECHO members at the Concord Hilton for a new ECHO event. While similar in length to our convenient half-day seminars, the East Bay Seminar offers more in-depth instruction, more professional exhibitors, a buffet lunch, and a members-only board training course.

Complete event details and online registration is available at our website: www.echo-ca.org/events Visit the ECHO website for complete event details: www.echo-ca.org/events

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Learn how to interpret your key financial documents

Bring your Insurance questions!!

YOUR REGISTRATION INCUDES: n • Continental Breakfast • Buffet lunch • In-depth instruction • Access to professional exhibitors • Members-only board training course; a certificate will be issued to those participating in all three sessions.

Event Information

AGENDA

Location:

LITIGATION – ann rankin, esq.

Concord Hilton 1970 Diamond Blvd., Concord, CA 94520

Most HOAs face litigation at some point, whether to collect unpaid assessments, defend against a liability claim, or obtain redress for construction defects.

Time:

CONTRACTS – JOHN GILL, esq.

8:00 am to 2:30 pm. Classes begin at 9am Buffet lunch served to all attendees at noon.

REGISTRATION & parking:

Learn about essential contract terms, working with qualified professionals, specifications, bidding and selection of a contractor, and the role of the board, the manager, and others.

ECHO HOA members: FREE Nonmembers and walk-ins: $50

SCENARIOS

Parking at the Santa Clara Convention Center is $7.50 with 50% discount voucher.

Return the form on this page, call the office or register online at www.echo-ca.org/events.

Do you know what to do with a difficult board member, a dispute between neighbors which involves the association, or a critical need to make major unfunded repairs? Participate in this facilitated/interactive session to learn how to perform at your best.

HOA University

SPONSORS:

(ECHO Members Only) Financial – David Levy, CPA

Don’t know a balance sheet from a bank statement?

Learn how to interpret your key financial documents, the laws that affect your finances, and how to set appropriate goals for financial stability.

Yes, reserve ______spaces for the ECHO East Bay Seminar

Insurance – David Stomp HOA insurance is complicated and expensive.

What policies do you really need? Should individual members purchase supplementary insurance? How comprehensive is your coverage? Bring your insurance questions.

Name: Email Address: HOA or Firm: Address:

Legal – Alex Noland, Esq.

City: State:

Zip:

Phone: Signature: Return to: ECHO, 1960 The Alameda, Ste 195, San Jose, CA 95126 Phone: 408-297-3246; Fax: 408-297-3517

This session covers some of the toughest challenges for HOAs: governing the association responsibly while avoiding liability. Learn how to conduct meetings and elections properly, when to deal with disputes between neighbors, and so much more.

Complete all three sessions to earn an HOA University Certificate of Completion!

April 2015 | ECHO Journal

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2015 ECHO educational calendar

San Francisco

8

May 9

June 19-20

East Bay Educational Seminar (see page 6)

ECHO Annual Seminar (see page 17)

Hilton Concord, Concord, CA

Santa Clara Convention Center Santa Clara, CA

echo-ca.org

NEW

at echo-ca.org

New legislation, quick tips, and fresh insights - we’re adding new information to our website every day.

Log in to read the articles below. Not sure how to access your free account?

Email ECHO at: newaccount@echo-ca.org.

Articles HOA Insurance: Understanding Essential Types of Coverage

What would your HOA need to withstand any foreseeable disaster? Just as you would pack a survival kit for disasters at home, your HOA must prepare for losses by obtaining the essential insurance coverages. From this article, we provide you the tools to pack an insurance survival kit for your association by exploring the coverages every HOA needs.

Educational Topic: Insurance

Make Your HOA a Safer Place: Security Assessments and Solutions

When it comes to homeowner safety, board members have a big responsibility to respond quickly to risks or suspected criminal activities. But before shelling out money on expensive security programs, boards should take a step back and assess their situation to develop realistic solutions best suited for their unique property. It may seem like a daunting task, but don’t worry, we can help guide you through the process of planning and improving your community’s safety.

Educational Topic: Safety

Tree Disputes in HOAs: What the Law Says

Trees are a continual topic of debate in communities: some people love their beauty while others find them to be a nuisance. When neighbor arguments are heating up, it’s hard to determine who’s right and who’s wrong, which trees can stay and which have to go. This article discusses the tree laws in California to help your board determine the best course of action for your HOA. Educational Topic: Trees

Two Common Contract Clauses that Trap HOAs HOAs enter into numerous contracts from a wide variety of vendors and contractors, often providing essential services your association can’t live without. Unfortunately, we’ve heard countless stories of boards getting into sticky situations from not understanding the terms of their agreement.

Find out the two most common clauses that trap HOAs to help your board steer clear.

Educational Topic: Contracts

Facebook Join Our Facebook Community Want to see pictures from our last seminar? Comment on our legislative activity? We only put the latest news up on Facebook, and we’d love to hear from you. Share your experiences, read important and amusing HOA news, and connect with fellow HOA owners on ECHO’s Facebook page. facebook.com/echoorg

ECHO Journal Read the ECHO Journal on the ECHO website before it arrives at your door. We usually post the latest issue on or before the beginning of each month. Log in to browse the latest articles, or read from a huge library of past issues.

Find in: echo-ca.org/journal

April 2015 | ECHO Journal

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TOP TRAITS OF GREAT BOARDS OF DIRECTORS

By Julie Adamen

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echo-ca.org

April 2015 | ECHO Journal

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O

ver the past 20 years, I have worked with many, many boards of directors: As a manager, as a consultant and as a member of the board. And as we all—managers and board members alike—know, some boards are just better than others at administrating their community and effectively achieving their goals and objectives (their agenda) with grace, dignity, professionalism and humor. These boards are a pleasure with which to work or on which to serve.

So, what differentiates a great board from just an OK board? Great boards develop, maintain and value their credibility and their integrity. And they continually display, individually and as a group, the following traits:

GREAT BOARDS FOCUS ON MACRO-ISSUES. It’s the Big Picture that counts for boards.

Boards should be spending their time continually reviewing and refining the Big Picture (Vision Statement) for the community. To do that effectively, the board must have a Mission Statement and then set clear policy for all aspects of community administration—and stand back and observe if that policy is being carried out through management and on down to the vendors and the community at large. For example, the board may set a policy of “continual esthetically pleasing landscape conditions within budgeted figures.” This is a broad statement which gives management direction and authority to carry out that policy administratively and financially. The board who adopts this type of stance does not worry itself with the exact number of flats of flowers, or their color, nor how they are 12 echo-ca.org

planted. Esthetically pleasing? Within budget? THAT is what a macro-focused board thinks about.

Most board members come in to their “jobs” by accident or through coercion by an existing board member, and they really have no idea what they got themselves in to. The great board brings the new board members up to speed through corporate memory, helping them recognize what Vision Statement, Mission Statement and Policy has been set in place. This gives the new board member a foothold on established process so they may embrace the Big Picture rather than minutia.

GREAT BOARDS HOLD PRODUCTIVE MEETINGS. Great boards always read relevant materials before the meeting.

Great boards come to meetings having read the agenda and board packet beforehand, ready to make decisions based on solid information. These board members are not wasting their time or that of other board members or staff.

They know being prepared develops the community’s trust in them as leaders and

gives them the ability to make decisions on the community’s behalf in a timely manner. These prepared board members have their questions on the packet information answered by staff, vendors or each other before the meeting so that the business of the community can be conducted with expedience, efficiency and thus productively.

Great boards focus on matters at hand and don’t enable philosophers or pontificators.

Unfortunately, many people become board members because they need to feed their ego. The ego-driven, though often well-intentioned, are usually the pontificators and philosophers who drag meetings out in to space for hour after unproductive hour, completely unaware of the eye-rolling and under-the-tablekicking going on around them.

Great boards don’t enable this destructive behavior... ...by suffering in a silent torpor while that ego-driven “Starship Steve” board member goes off to explore strange,

new worlds holding everyone hostage.

Great board members assist the Chair in keeping control of the pontificator/philosopher by calling for a “point of order” when he starts moving in to the Crab Nebula.

Great boards don’t wander off the agenda ... ...by bringing up new business that isn’t on that agenda. They stay focused on the matters at hand, carefully considering the information and moving forward as they are trusted to do by the membership. Focus, enforced through adopted parliamentary procedures, brings clarity of thought and purpose and the result is credibility in the eyes of the membership.

GREAT BOARDS PROTECT AGAINST LIABILITIES.

… By keep rogue board members in check.

Great boards don’t allow a single board member to put the community in jeopardy by making racial, ethnic or sexual comments at a meeting. Too many times I have heard board members say something they would never think to say in a “regular” business situation, without anyone, including the Chair, calling them on this improper and risky behavior. Failing to reign in these types of situations can be a serious liability for the board and the community.

…By using insured vendors and subcontractors.

Great boards never, ever, use their unlicensed or uninsured brother-in-law who once did a drywall project in his house to remodel the clubhouse. Great boards

know they have a duty and responsibility to the community not only to utilize someone who knows their stuff, but also to make sure they are protecting the community from liability by utilizing only licensed and insured contractors.

… And they don’t deny the existence of liabilities.

See no evil? Hear no evil? Great boards never wear blinders when it comes to the existence of liabilities. They don’t turn their backs or look the other way, hoping that the liability will go away. Great boards have set a policy on dealing with potential and evident liabilities, and they deal with them quickly and surely. Great boards don’t wander off in to the weeds when examining their liabilities, either.

They obtain information and direction from insurance, legal and management experts to guide them on this path. Great boards understand, and never shy away from, risk management.

April 2015 | ECHO Journal

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GREAT BOARDS, ACTING AS FIDUCIARIES, BASE DECISIONS ON LOGIC AND REASON. Fiduciary – A person who occupies a position of special trust and confidence (for example, in handling or supervising the affairs or funds of another.

Great boards know and understand they are making decisions as fiduciaries...

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for the community, not as buddies, friends or neighbors. To make decisions as fiduciaries, boards must base their decision on logic and reason, not on emotion or fear, giving the board and the community credibility and integrity for the long-term as they occupy that place of special trust and confidence.

Great boards never allow themselves to be bullied in to making a decision.

A board of directors for a community association is a deliberative body that makes decisions based on solid input.

That solid input should include, but not be limited to, their own experience, facts, data, standard of care and standard of the industry, precedents set before them, and expert opinion. Using these information gathering tools, great boards make informed decisions that are best for the community, even when those decisions may be unpopular with certain community members.

GREAT BOARDS ACKNOWLEDGE STAFF AND VOLUNTEERS. Publicly, privately, in the newsletter and on the website.

Great boards continually acknowledge all contributors to the administration of the community. boards members, committee members, management staff, what have you. “Spin the halo,” as one of my old board members used to say.

This crucial aspect of leadership is often overlooked by boards because they simply don’t realize that this positive form of communication to the membership about one of their own fosters a positive and successful image of the community administration. And people want to be a part of things that are positive and successful. This means new volunteers for the board and its committees and an easier job for paid staff.

Great boards know they can’t do it alone.

They know they need more folks who will volunteer; so they create an atmosphere that fosters volunteerism. One of the ways to create that atmosphere is to publicly and regularly sing the praises of those volunteers and staff. Why? Because even great boards don’t want to be board members forever.

GREAT BOARDS KNOW THEY GET WHAT THEY PAY FOR. Great boards suffer no illusions.

They know that if they receive three bids for a particular service (this assumes an appropriate Request for Proposal was sent out) and one of the three bids is substantially lower than the two, it is reasonable and logical to assume that there is something to question within that bid. Maybe the contractor read the RFP wrong. Or, maybe s/he simply low-balled the bid because they think they can get the job that way. But great boards are seldom fooled by this tactic. They know that if they want a Mercedes, they don’t get it for the price of a Focus. Reliable, quality and insured services cost money.

…And know that if they do accept the low bid, there is a cost to managing that low bid.

Sometimes even great boards accept the lowest bid. How can they still be a great board, you ask? Because accepting the lowest of qualified bidders can be

a legitimate strategy when the board acknowledges there will be a cost to managing that low bid—be it in their own time, staff time or having to have another contractor come in and finish the job or clean up the mess. This can actually work—the board can get the job done and save money overall. I don’t personally recommend it, but it has legitimacy as a business decision under certain conditions.

GREAT BOARDS SPEAK WITH ONE VOICE. They stick together.

Picture yourself as a parent. Your child comes to you wanting something. You say no. Surreptitiously, the child goes to your spouse to ask the same question.

The spouse says “Sure, why not?” Mission accomplished: The child has divided and conquered the authority in the family

and will either get what s/he wants or create tremendous disharmony between the parents who have failed to discuss beforehand and understand the value of a united front. The same is very, very true as it applies to boards of directors and the membership they serve.

Boards are like a family: Disparate personalities thrown together by an act of God (or a freak of nature), trying to accomplish something, maintain sanity and still speak to each other in a civil tone. This is normal. But what sets great boards apart is that they know there will be disagreements, they know they don’t each think alike; yet, once the votes are cast they move forward together—speaking with one voice to the membership. This is crucial for any board, but particularly those who have seriously disgruntled folks in their midst.

Any chink in the armor of the board will be exploited by those with agendas that are not within the current board’s poli-

April 2015 | ECHO Journal

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GREAT BOARD MEMBERS RELEASE PERSONAL AGENDA AND MOVE ON FOR THE BETTERMENT OF THE COMMUNITY. The agenda vacuum.

Many board members get elected on a narrow, and many times emotional, platform – “Lower dues by 20%!”, “Fire the management company!” ad naseum.

After the election, that board member often finds out the platform, or agenda, on which they ran is based upon misinformation. A great board member realizes quickly things were not as s/ he thought, releases his/her personal agenda and moves on to become a functioning and contributing member of the board. The board is now able to move forward as a group to the issues facing

the community. This ability to release agendas when presented with new, credible, logical information that supports issues contrary to the former agenda is a key element of a potentially great board member. To present the new board member with this information, great boards do the following.

Great boards bring new board members with contrary agendas into the process—fast and furious.

Despite the fact that the new board member may be a total turn-off to the rest of the board and staff due to their contrary agenda, the only potential remedy is for the great board and staff to immerse this person in the process as soon as possible: An office or project with much responsibility. If that person is open-minded, nothing fills the agenda vacuum, focuses the new board member’s energy faster or gives him or her a look at what it’s really like to be a board member than to be given a

position of importance and responsibility.

It allows them to save face, become a part of something larger and to release their personal agenda and move forward.

GREAT BOARDS ARE PROACTIVE ABOUT INFORMATION. Just like any corporate trustee, great boards know they cannot operate in an information vacuum. They do not hunker down in the Cone of Silence until their term is over. Great boards seek out information on all aspects of community administration and maintenance as it applies to their community. Sometimes, it’s information they don’t want to hear, such as learning that the most recent legislation calls for all boards to hold their meetings on Tuesdays when the

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ECHO SANTA CLARA 43rd Annual Seminar & Trade Show Saturday, June 20th, 2015 • Santa Clara Convention Center The Annual Seminar is Back in Santa Clara! ECHO is returning to the Santa Clara Convention Center for our 43rd Annual Seminar. Mark your calendars and make sure you attend this one-of-a-kind gathering for HOA board members and owners.

EDUCATION

FOOD

NETWORKING

• 3 tracks, 12 topics • Professional instruction

• Huge buffet lunch • Prize-filled exhibit floor

• Over 300 HOA board members • 100 professional vendors

Look for more information online and in the next ECHO Journal. We can’t wait to see you in June!

April 2015 | ECHO Journal

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moon is full and for all members to receive written (engraved) invitations to attend. But great board members listen anyway because they know as a board member it is part of their duty to always gather information. Sometimes they learn valuable information on ways to run their meetings, paint the decks or collect dues in a more efficient manner.

Whether by reading websites and industry publications or by attending workshops and forums and networking with other board members, great boards know they do their jobs best by being informed, and they strive to stay that way.

GREAT BOARDS COMMUNICATE REGULARLY AND POSITIVELY WITH THEIR RESIDENTS. Great boards don’t portray themselves or their community as the “NO! police.”

We all know that much of the job as a board member entails having to tell members “No,” as the board is trusted with enforcing the CC&Rs for the continuity of the community. “No parking in that spot,” “No leaving pool towels on the balcony,” “No dogs without a leash”.

Great boards know there are ways to say no, but in a positive fashion. For example: “No walking dogs in the park from 8 am to 12 noon,” can be couched as “Dog walkers are encouraged to take their pets to the park from 12 noon to 6 pm for sunshine and fresh air seven days a week.” Or, “No parking on Snowy Palms Dr. during Easter Break,” can be turned in to “Owners are encouraged to park their vehicles on Warm Alaska Dr. during the Easter Break so as to create less congestion for all residents entering the community.”

The importance of regular (monthly or bi-monthly), upbeat, professional-looking newsletters, updated websites and other forms of communication is never lost on great boards.

These forms of communication create a sense of openness and allow for the outflow of positive communication about the community. They also create board credibility, and they do so by fostering a positive attitude while still giving the membership needed information and reminders. Because people want to be a part of something successful, upbeat and positive, a community with this image is one that fosters volunteerism.

GREAT BOARDS HAVE A SENSE OF HUMOR. We can be a very negative industry.

I believe that is born from an overall lack of appropriate communication on matters at hand, very poor advocacy and communication skills on the part of individuals, and virtually no consequences for obstructionists. Add ego, frustration, plain bad manners and certain psychological disorders, and you have all the ingredients for a negative experience for well-intentioned volunteers. Where’s the humor in that?

Great boards see the all the problems and challenges as something with which to be dealt with a healthy sense of reality and a big dose of humor. Why? Great boards know three things:

1. It’s not IBM, it’s an HOA. 2. The smaller the stakes, the pettier the politics.

3. It’s not personal.

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Great boards have a sense of humor because they maintain perspective, giving much of what we do a very humorous aspect.

GREAT BOARDS VALUE INTEGRITY AND CREDIBILITY ABOVE ALL ELSE. Integrity and credibility is what we all look for and respect in friends, family, school, church, work, business and what we want to see in board members and in any board as a whole—boards that don’t get mired in minutia, that are consistent in their decisions, assist new members in adjusting to their roles and create a polite atmosphere in which to volunteer and to be serious but not take themselves or the situations at hand too seriously, demonstrate they are mature and responsible in their actions. These board members are Credible. They have Integrity. And they are the best of the best. They are what make great boards.

IS YOUR BOARD GREAT? It is my experience that most board members serve as part of their civic duty, and all they really want is to know how to meet that end with intelligence and grace and be appreciated for the difficult job they perform as volunteers.

All boards are potentially great boards.

By determining which of the top traits can be incorporated in to your board, you can achieve outstanding service for the community and a satisfying experience for each board member. Taking your board from good to great takes true vision, and the will to serve yourselves and the community at the highest level.

Julie Adamen is president of Adamen Inc., a consulting and placement firm specializing in the community management industry. She can be reached via email at julie@adamen-inc.com or through her website, www.adamen-inc.com.

February 2015 | ECHO Journal

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HOA EMERGENCY PLANNING: 20 echo-ca.org

A LIABILITY DISCUSSION

By Thomas Connelly April 2015 | ECHO Journal

21

I

n my work with various homeowners associations and boards one question that I regularly get is whether or not adopting an emergency plan increases an association’s risk for litigation and liability.

As a matter of fact, the potential for exposure to litigation tends to dissuademany associations from emergency planning altogether! Although I have been unable to find any documented litigation relative to a community’s emergency planning (successful or not), we do live in an increasingly litigious society and, as a result I suppose that there may be risk of an association being sued because of their emergency plan. I believe that the likelihood of a plaintiff being successful against an association, absent some level of negligence, malice

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or undue care, seems to be very remote, however.

First let’s analyze a few issues that could potentially increase an HOA’s exposure to liability. For our discussion I will presume that the motivating reasons behind an association or Board developing a formal emergency plan are always going to be noble and well intended, like enhancing the safety and security of the community when a disaster event occurs or responding more effectively to minimize the impacts of an emergency on the community (lifestyle and financial considerations).

In no way should any litigant ever be able to successfully prove that the board or association had any malicious intent when they embarked upon their journey to develop an emergency plan! Some circumstances that might create an opportunity for someone to pursue litigation and monetary damages as a result of the board or association developing or enacting an emergency plan might include:

1. Promising more support or intervention than the association or community can actually provide (resource allocation);

2. Negligence; 3. Failure to deliver what the emergency plan has set as reasonable services or outcomes; 4. Assuming more responsibility than the Board is trained or prepared to reasonably provide; 5. Failure to train and conduct periodic plan review; 6. Deliberate indifference; These are just a few circumstances that could lead to liability and exposure. For

the purpose of this article, however, I want to focus on the things a Board can do to minimize or eliminate the potential for litigation or liability in their emergency planning efforts.

What Should a Board Do? As with any Board action or decision, a continual process of risk analysis and mitigation must be employed while the board is developing the emergency plan for their community. Through this risk management process the Board’s decisions should incorporate adequate safeguards to avoid legal challenges and exposure to litigation.

To help you in this endeavor, I have identified seven basic guidelines for the Board to follow during the emergency planning process.

Seven Guidelines for Developing a Safe and Defensible Emergency Plan:

1

Remember, YOU are not a professional emergency manager.

As a Board member for your HOA you have most likely demonstrated that you are willing to assume a higher level of responsibility than most to ensure that the community remains appealing, viable, fiscally sound and well managed, without being compensated. But, you do not have the training and experience that a professional emergency manager has.

Your community should not expect you to perform at the level of a professional emergency manager in disaster or emergency events. No one could ever reasonably expect this, including a judge and/or jury!

April 2015 | ECHO Journal

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must also conduct periodic training and disaster drills to better understand their roles and responsibilities when a disaster or emergency occurs. Consider too that keeping the plan simple and basic with clear expectations helps to keep the training and review phases simple.

3 2

K.I.S.S. (Keep It Simple and Straightforward).

This mantra stems from step #1.

Since you are not a professional emergency manager and no one should have an expectation that you will ever function as one in your leadership role as an HOA Board member, it is best to keep the emergency plan simple. Consider a few things that the Board can do to better prepare the community for disaster or emergency events. I normally recommend that Boards consider a simple communications and information dissemination plan, combined with sheltering and evacuation protocols.

In combination, these build a great and simple foundation for any community’s emergency plan. Remember also that developing the plan is only part of the process. The plan must be reviewed periodically to ensure that the content is still applicable and contemporary. The Board

Make sure to keep owners’ and residents’ best interests in mind.

This should be prominently documented in the policy statement of your emergency plan. It seems to be ridiculous that you would need to address this, but you cannot assume that everyone will understand that this was the Board’s intent when developing their community emergency plan. If it is written into the policy statement that the Board’s intent is to enhance the safety of homeowners and residents through the development and adoption of a community emergency plan, then the Board’s position and actions should be more defensible when a litigant attempts to show otherwise.

4

Do not promise what you cannot or are not prepared to deliver.

This could be the one area that would most likely expose a board or HOA to liability! An emergency plan sets response and support levels that homeowners and residents will expect the HOA/Board to provide. If the Board fails to meet these expectations and someone suffers an injury or other loss as a result,

then there could be liability. For example, let’s assume that an emergency plan includes language that the Board will ensure that damaged properties are secured after any disaster or emergency event. However, prior to the property being secured, it is burglarized and property is stolen, or someone gains access and injures themselves while inside. Given this scenario, there may be legitimate cause of action and resulting liability as the Board failed to do what was promised based upon the community’s expectations. Refer to the K.I.S.S. principle for further clarification on this.

5

Don’t overextend; stay within your capabilities.

Remember, you are not a fulltime Board member. You are not compensated for your valuable time and you are not a professional emergency manager.

Your community should not have any expectation that you are able to commit unreasonable amounts of time to respond to and handle any emergency or disaster event, to the detriment of your job, personal and other adult responsibilities! Keep this in mind when you’re developing the emergency plan. If you can’t guarantee 100% that you will be able to commit adequate time and energy to a specific responsibility or expectation, then don’t say you will! Likewise, if you are incapable of performing some function that you’re considering for the emergency plan (for whatever reason), then don’t include that in the plan.

6

Don’t be negligent.

This is another legal concept that could create significant exposure for an HOA or Board during an emergency or disaster event. Negligence comes in many forms and is typically determined by a judge or jury. In order to avoid the negligence trap follow the simple mantra: “Do What You Say You Will Do!” If you fail to participate in training, or if the Board does not review their emergency plan regularly to ensure that it is contemporary and that all of the expectations that have 24 echo-ca.org

been set are attainable, then a finding of negligence might be likely. Additionally, if Board members take action, or promise action, that is beyond of the capabilities of the HOA and not addressed by the emergency plan, then failure to fulfil that promise and/or resulting damages could be deemed to be negligent, and possibly a failure to fulfill a contract.

7

Formalize the plan in writing and disseminate it to all stakeholders within the community.

A good emergency plan outlines the Board policy and intent for the emergency plan along with the processes and procedures that the Board feels best protects their specific community. The plan will also contain specific language relative to the minimal amount of training ( I recommend a minimum of a half day of training and drill exercises annually) that Board members must complete and how often the plan must be reviewed for applicability and to ensure it remains contemporary with the community’s needs and resources. The entire community should have access to the plan so that there is a clear and common understanding of community expectations, response capabilities and Board member roles when a disaster event occurs.

Utilizing these guidelines as you develop and work with your emergency plan should ensure that you as a Board member, the HOA and your entire community are adequately insulated from any litigation related to the adoption of a community emergency plan or any legalchallenges stemming from actions the Board has taken within the scope of that plan.

At this point it might be best to start asking yourself whether or not you assume an elevated level of risk and exposure to litigation for failing to consider and adopt, at least minimal, Board guidelines for responding to disasters or emergencies within your community. I don’t know the answer to this one, but the concept is interesting!

Thomas Connelly is the president of Connelly Consulting, a public safety consulting company located in Santa Clara, CA. He can be contacted via e-mail: tom@connellyconsulting.org

Amazon customers gave it a five-star rating 2015 Condominium Bluebook A Complete Guide to Condominium Living

Member Price: $17.00 Non-Member Price: $25.00 This well-known compact guide for operation of common interest developments in California now includes a comprehensive index of the book and a chapter containing more than 200 frequently-asked questions about associations, along with succinct answers.

Order today from ECHO!

Call 408-297-3246, fax at 408-297-3517 or visit us online at store.echo-ca.org

April 2015 | ECHO Journal

25

THE LOST ART of ROOF MAINTENANCE

By Robert Rosenberg

26 echo-ca.org

W

hile growing up, did your parents ever tell you, “what you can’t see, can’t hurt you??” I’m quite certain

they did because when we step on your property, that’s what we (vendors in general) see. In a perfect world as a roof contractor, I’d rather be doing a re-roof than a roof tune up, so thank you!

April 2015 | ECHO Journal

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H

owever, this is not a perfect world and associations do not have the funds set aside to re-roof their complex 10 years ahead of schedule. In fact, in most cases the associations do not have the funds to do it when it comes due in the reserve study. The last several years have been awfully deceiving since we have not received a lot of rain fall and/or heavy storms.

Having spent the majority of my career on the community management side instead of the contracting side, I can tell you there is hope for most associations.

By being proactive with one of your significant assets you can make sure the roof will last. It all starts by being aware of how your complex was constructed and what you have to do to make sure the roof lasts as long as it was intended to last. For example, the tile on your roof may last a lifetime but the felt underneath will not and hence sooner or later you will need to reroof.

Let’s start with the very basics.

The less debris on your roof and/or gutter the better. On tile roofs, debris can allow water to get outside its intended channels.

On other types of roofs it can act as a wet sponge sitting on the roof for days, weeks or even months. We see gutters literally ripped off buildings because they are never cleaned and the weight from the debris and water is just too much for it to withstand.

Trees are our friends but they are not your roofs’ friends.

In this case the answer is simple and normally already budgeted; simply do 28 echo-ca.org

regular building clearance of your trees.

For some complexes with a lot of tree debris, clean the gutters twice a year, not just once. In addition, where appropriate not only should you clean the gutters but you should also clean the roofs of all debris.

That is the easy part of your roof maintenance and normally the part you can see.

Let’s talk about the things you cannot always see. Your shingles may be rated for 30 years but that is only one part of your roof ’s defensive system. Every few years you should engage a roofing professional to complete a roof tune-up.

Depending on the type and age of the roof, that could range from every three to five years.

I can already hear that voice from the other side of the table saying the roof tune up is not worth the paper it’s written on. It depends. Some are and some aren’t. So if you are going to do a roof tune up, you have to make sure that you are getting your money’s worth. If the specification is to simply replace X number of tiles, you’re not getting your monies worth. Your roof may be 1000 square feet but it doesn’t take more than a dime size hole in one of the various layers of protection to allow water to leak into the unit.

At minimum a roof tune up should do the following: Any Roof • Inspect all roofs

• Clean entire roof surface free of debris.

• Seal and reinforce all pipe flashings using appropriate sealant.

• Clean chimneys & seal top and bottom

Flat Roof • Repair all wall turn-ups as necessary

• Repair all splits, breaks and holes in parapet walls as necessary.

• Apply reinforcement to all duct seams.

• Correct ponding areas

Shake/Tile/Shingle • Repair or replace damaged Shake/Tile/Shingle

• Install new underlayment where needed If a contractor is willing to perform a roof-tune up with the appropriate specification and cost, they should be more than happy to provide a warranty too. The warranty should follow the maintenance cycle they are recommending to you. If they recommend you get a tune up every three years then they should be able to provide a warranty for the three years.

Every board meeting you make choices how to allocate your assessments, but how much is it going to cost if you shorten the life of your roof by ten years? If your roof is a 30 year roof with a $100,000 replacement cost the early replacement will cause a deficit of $33,333.

Roof - $100,000 with a 30 year shingle Per month funding: $3,333.33 Roof - $100,000 with a 25 year shingle Per month funding: $4,000.00 Increase cost over base: 20% Deficit at replacement: $ (16,666.67) Roof - $100,000 with a 20 year shingle Per month funding: $5,000.00 Increase cost over base: 50% Deficit at replacement: $ (33,333.33) Robert Rosenberg is President of Advance Construction Technology, Inc., a construction general contractor serving community associations in the San Francisco Bay Area. Rob also serves on the ECHO Board of Directors. He can be reached at robr@advconsttech.com.

How Do You Join ECHO? Over 1,700 members benefit each year from their membership in ECHO. Find out what they’ve known for years by joining ECHO today. To apply for the membership, sign up online at www.echo-ca.org.

For more information about membership and ECHO, call us at 408-297-3246 or visit the ECHO website.

April 2015 | ECHO Journal

29

Responding to a RECALL Petition

By Rosalia Burgue単o Tapia, Esq.

30 echo-ca.org

April 2015 | ECHO Journal

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P

ursuant to California Corporations Code ยง7222 (a), with or without cause, the membership may recall the entire board or individual directors, subject to cumulative voting limitations. This applies to both membership-elected and board-appointed directors.

Below is a guideline for how the Board should respond to a recall request:

STEP 1: Calling a Special Meeting Pursuant to California Corporations Code ยง7510 (e), a special meeting is demanded by petition of the membership signed by

at least 5% of the members. The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws.

STEP 2: Contents of Petition

The purpose of the meeting must be set forth in the petition so members know what they are signing. The board is allowed to verify signatures before setting a meeting date and giving notice of the special meeting. The petition should expressly state the reasons for the recall, i.e., that the Board has breached its fiduciary responsibility in managing and overseeing an ongoing construction project, failed to hold open meetings, etc. It should be noted whether the petition specifically requests that the Board hold the special meeting for purposes of conducting the vote on the recall and, in the event the recall is successful, that election of the new Board take place at the same meeting.

The petition may be delivered personally to any officer, director or managing agent; or sent by certified mail.

STEP 3: Setting the Meeting Within 20 days from receipt of the petition, the Board must set the date of the special meeting and give notice of the meeting. Pursuant to California Corporations Code Section 7511 (c ), the Board is required to set the special meeting no less than 35 days nor more than 90 days from receipt of the petition. If the Board fails to notice the meeting within the 20 day requirement, California Corporations Code Section 7511 (c) permits the persons entitled to call the meeting to give notice after notice to the association giving it an opportunity to be heard.

STEP 4: Preparation of Ballots It is recommended that the Board start the nomination process as soon as possible for new directors in the event that the recall is successful. Once candidates

32 echo-ca.org

are established, the association Board must prepare and issue the ballots containing the recall proposition, as well as ballots with candidates to fill the recalled seats in the event that the recall is successful. Pursuant to Civil Code Section 5115, the ballots must be mailed to the owners at least 30 days in advance of the special meeting at which the ballots will be opened.

STEP 5: The Special Meeting Pursuant to Corporations Code Section 7222, if the association consists of less than 50 members, the recall vote requires the approval of the majority of the members. In the case of an association that has 50 or more members, the vote requirement is a majority of the members present at a quorum of the members. Each ballot received by the inspector of elections shall be treated as a member present at a meeting for purposes of establishing a quorum.

The recall ballots are opened first by the election inspector. If the recall proposition passes, then the second set of ballots voting on directors to fill the vacant seats are counted at the same meeting. While the second set of ballots need not be mailed along with the recall ballots and voted on at the same meeting, it is recommended that both votes occur at the same meeting so that the vacant seats are immediately filled.

It should be noted that any recall procedures under the governing documents of the particular association must be followed in conjunction with, or instead of, the above-cited procedures, as long as the association’s procedures do not conflict with applicable law.

Rosalia BurgueĂąo Tapia of Pratt & Associates specializes in civil litigation, with substantial experience in community association law and employment law.

She can be reached at 408-369-0800, or rtapia@prattattorneys.com.

April 2015 | ECHO Journal

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34 echo-ca.org

DO THE TOW COMPANIES

OWE YOU MONEY?

By Burt Dean

April 2015 | ECHO Journal

35

S

trike One Against the Tow Company. Did you ever have a car towed, and find the tow company kept your vehicle and sent you to collection for tow and storage fees? Or, did the tow company sell your car and you think they owe you money from the proceeds after deducting tow and storage fees? If a tow company has filed a collection against you for tow and storage fees, or if you think the vehicle was sold for less than it was worth, you can file a Small Claims action to collect what is due, and/or remove unfair collections if the tow company did not follow the regulations.

36 echo-ca.org

Vehicles not claimed by the vehicle owner must be processed in Compliance with California DMV HTVR7: http://dmv. ca.gov/pubs/brochures/howto/htvr7. htm. The tow company must sell the vehicle at “Public Auction”, not a “Private Auction”, with all the legislated protections of law for the vehicle owner. If the vehicle is not properly sold at a “Public Auction”, then valuation for the vehicle is not established as intended by law. Not properly establishing the value through the “Public Auction” process, leaves a question regarding residual value due to (money owed to) the vehicle owner, and conversely, questions regarding whether or not any collection effort by the tow company (tow and storage fees) is credible. Anyone losing a vehicle to a tow company should first establish if the tow company had a legal “Public Auction”. If they failed to meet the DMV Lien Sale requirements, you can demand excess funds from the Lien Sale that did not happen (claim a fair market value), or challenge any collection effort for tow and storage fees, by taking the tow company to Small Claims Court, using the above DMV regulation as evidence of none compliance and Bad Business

Practices for miss-management of your vehicle equity. Therefore, if the value of the vehicle, established by the tow company, was erroneously arrived at, the vehicle owner was prevented from the opportunity of receiving excess proceeds from the Lien Sale; or, there erroneous valuation fails to support any balance due to the tow company for tow and storage fees.

Strike Two Against the Tow Company Did you ever buy a vehicle from a tow company who did not give you the smog certification? Were you surprised about the condition of the engine with repairs costing more than anticipated?

The smog requirements are waved for vehicles sold pursuant to DMV Public Auction requirements; so, did this vehicle purchase meet the Lien Sale requirements?

Buying a DMV Lien Sale vehicle without the smog certification requires tow company compliance with DMV requirements above, and local city zoning codes. There are zoning codes in all communities which require permits to hold a DMV “Public Auction” for the sale of vehicles. Municipal code permits to hold a Public Lien Sale requires a “Special Use Permit” or a “Conditional Use Permit”, with compliance for offstreet public parking, ADA compliance for attendees, storm drain filtering when storing vehicles, etc. This can be verified by referring to your local city web-site such as San Jose web-site, as follows: https://www.sjpermits.org/ permits/generalquery.asp to see if they have the proper permits.

The tow companies not complying with zoning regulations may dispose of the vehicle by putting a sign in the window, parking it on the public street or in their yard, sell it on Craig’s List, etc. and may transfer the vehicle using the Lien Sale paperwork potentially avoiding vehicle smog requirements by the seller. Sometimes they may even have the pink slip signed off by the prior owner and sell it without a smog certification as a Lien Sale vehicle without going through the formal Public Auction process. The vehicles sold at a permitted DMV Lien Sale can be sold without a smog certification, but vehicles purchased outside the regulated auction should be reviewed with DMV officials to insure smog requirements were met.

Strike Three, Vehicle Owner Can Win The current Lien Sale regulations are not pro-actively enforced by the DMV or local authorities. This none-enforcement appears to be passive consent for the tow companies to do as they wish, leading to unfair business practices. This is not a level playing field for those tow companies that do meet or comply with local zoning codes and DMV regulations, when competing with tow companies not in compliance.

FIRST:

When someone loses their vehicle to a tow company they may have the opportunity to seek a refund if was not properly sold at the required Lien Sale auction to establish the legislated valuation before deducting the tow and storage fees. Not holding the auction at the specified date may also require the tow company to provide the buyer with a smog certification.

SECOND:

Property managers select qualified service providers for their properties, and need to carefully evaluate tow company qualifications.

The vehicle owner is at the mercy of the property manager’s selection of tow company for the care and custody of vehicles towed, including verification that the tow company has met the zoning requirements and qualifies to comply with procedures to obtain legislated valuation of unclaimed vehicles. If the property manager does their due diligence in contracting the private property tow services, state law, along with proper tow company insurance and hold harmless agreements, affords full protection to both the vehicle owner and the property manager.

In areas where no qualified tow companies exist, and towing is essential, more scrutiny of the tow company operations may be necessary.

which verifies they are insured for Workman’s Compensation and liability coverage.

• Business License for the city of tow.

• Some cities require tow permits for owners and drivers showing they have cleared a criminal background check.

Burt Dean is the owner of Rebello’s Towing Service. Previously he owned a management company. He has served on the ECHO Maintenance Resource Panel for many years.

Conclusion In conclusion, “Does the tow company owe you money?”; not if they meet the minimum following requirements:

• Have a Special Use Permit or Conditional Use Permit from their local jurisdiction

• Hold a Public Auction at the time and place required on the DMV authorization for that vehicle, which is handed to the buyer for transfer of title with DMV. • They must also have a Motor Carrier Permit issued by the DMV (referred to as a CA #)

April 2015 | ECHO Journal

37

BOOKSTORE The ECHO Bookstore is your source for publications providing essential information for HOA Board Member service obligations. Order online at echo-ca.org or fill out form on the facing page.

W NETION I ED

Robert’s Rules of Order Member Price: Non-Member Price:

$7.50 $12.50

A step-by-step guide to the rules for meetings of your association, the current and official manual adopted by most organizations to govern their meetings. This guide will provide many meeting procedures not covered by the association bylaws or other governing documents.

Construction Defect Claims Member Price: Non-Member Price:

$19.95 $25.00

New buildings can conceal extensive faults.

It’s a board’s worst nightmare—rainstorms damage buildings and bring owner complaints. Is legal action necessary? With this new book, you’ll learn about the resolution process for construction problems, and how to handle complex claims.

Community Association Statute Book—2014 Edition Member Price: Non-Member Price:

$15.00 $25.00

Contains the current version of the Davis-Stirling Common Interest Development Act, the Civil Code sections that apply to common interest developments and selected provisions from other codes important to associations.

Home and Condo Defects Member Price: Non-Member Price:

$12.95 $17.95

Construction defect litigation can be confusing, expensive and fraught with legal pitfalls. This eye-opening guide, written by accomplished construction-defect attorneys, is an essential tool for board members who need to understand the legal process.

38 echo-ca.org

2014 Condominium Greenbook Member Price: Non-Member Price:

$17.00 $25.00

This companion to the Condominium Bluebook is an in-depth guide to all aspects of association finances, including accounting methods, financial statements, reserves, audits, taxes, investments and much more.

Not for the accounting novice, this is a tool for the treasurer or professional looking for specific information about association finances.

Questions & Answers About Community Associations Member Price: Non-Member Price:

$18.00 $25.00

For 12 years, Jan Hickenbottom answered homeowners’ questions in her Los Angeles Times column on community associations. Now collected in one volume, readers can find answers to almost any question about CIDs.

Board Member Handbook Member Price: Non-Member Price:

$15.00 $25.00

This publication is the essential guidebook for HOA Board members, dealing with governance, finances, insurance and maintenance issues.

Revised and updated in June 2012.

Reserve Fund Essentials Member Price: Non-Member Price:

$18.00 $25.00

This book is an easy to read, must-have guide for anyone who wants a clear, thorough explanation of reserve studies and their indispensable role in effective HOA planning. The author gives tips to help board members mold their reserve study into a useful financial tool.

The Condo Owner’s Answer Book Member Price: Non-Member Price:

$15.00 $20.00

An excellent guide to understanding the rights and responsibilities of condo ownership and operation of homeowner associations. The question-and-answer format responds to more than 125 commonly-asked questions in an easy to understand style. A great resource for newcomers and veteran owners.

ciation o s s A unity Book Comm Statute dition 2014 E

Dispute Resolution in Homeowner Associations Member Price: Non-Member Price:

$15.00 $25.00

This publication has been completely revised to reflect new requirements resulting from passage of SB 137.

Publications to answer your questions about common interest developments Order Online at www.echo-ca.org

Bookstore Order Form Board Member’s Guide for Contractor Interviews Member Price: Non-Member Price:

EDUCATIONAL COMMUNITY FOR HOMEOWNERS 1960 THE ALAMEDA, STE 195, SAN JOSE, CA 95126 PHONE: 408-297-3246, FAX: 408-297-3517

TITLE

QUANTITY AMOUNT

$15.00 $25.00

This report is a guide for directors and managers to use for interviews with prospective service contractors.

Questions to find out capabilities and willingness of contractors to provide the services being sought are included for most of the contractor skills that associations use.

SUBTOTAL CALIFORNIA SALES TAX (Add 8.625%) TOTAL AMOUNT

Yes! Place my order for the items above.

Check

Board Member’s Guide for Management Interviews Member Price: Non-Member Price:

$15.00 $25.00

This guide for use by boards for conducting complete and effective interviews with prosp ective managers takes the guesswork out of the interview process. Over 80 questions covering every management duty and includes answer sheets matched to the questions.

Visa

MasterCard

Credit Card Number Exp. Date

Signature

Name (please print) Association (or company) Email Address City

State

Zip

Daytime Telephone

April 2015 | ECHO Journal

39

directory updates

All current listings may be found in our Professionals Directory available online at www.echo-ca.org.

New Members Distinct Property Management 630A Water Street Santa Cruz, CA 95060 Contact: Nora Brink Tel: (831) 420.0202

Johnson Mediation Services 614 James Street Livermore, CA 94551 Contact: Lori Johnson Tel: (925) 250.2680

Farmers Insurance | Ritchey Insurance Agency 3037 Hopyard Road Suite R Pleasanton, CA 94588 Contact: Deborah Ritchey Tel: (925) 474.3470

Become an ECHO Professional Member and receive the benefits of membership.

To learn more, visit our membership page at www.echo-ca.org

40 echo-ca.org

advertiser index

about ECHO

ACT: Advanced Construction Technology............................................29 www.advconsttech.com American Management Services........13 www.acepm.net Associa Northern California M & C Association Management Services...........................2 www.mccommunities.com Association Reserves...........................25 www.reservestudy.com Berding Weil..........................Back Cover www.berding-weil.com Collins Management............................25 www.collins-mgmt.com Compass Management Group............23 www.gocompass.com Community Management Services, Inc..........................................17 www.communitymanagement.com Eugene Burger Management Co.........15 www.ebmc.com Flores Painting & Drywall....................23 Email: FPDinc@sbcglobal.net Focus Business Bank www.focusbusinessbank.com............29

GET Insurance......................................24 email: getinsurance4u@aol.com Malarkey Roofing.................................19 www.malarkeyroofing.com Mutual of Omaha Bank.......................33 www.mutualofomahabank.com Neighborhood Association Management.........................................37 www.neighborhoodam.com PAS: Professional Association Services, Inc..........................................33 www.PAS-INC.com PML Management Corporation..........32 www.pmlmanagement.com Pollard Unlimited.................................14 www.Pollardunlimited@comcast.net R.E. Broocker Co...................................14 www.rebroockerco.com Silicon Valley Civil & Structural Engineers................13 www.Qengineers.com Steve Tingley Painting, Inc..................16 www.tingleypainting.com Union Bank...........................................22 www.HOAbankers.com

WHAT IS ECHO? Serving Homeowners to Build Strong Community Associations The Educational Community for Homeowners (ECHO) is a nonprofit membership corporation dedicated to assisting California homeowner associations. ECHO provides help to homeowner associations on many fronts: finances, legal issues, insurance, maintenance and management. Members receive help through conferences, trade shows, seminars, online education, a monthly full-color magazine and discounted publications.

Who Should Join ECHO? If your association manages condominiums or a planned development, it can become a member of ECHO and receive all of the benefits designated for homeowner associations.

Benefits of Association Membership • Subscription to monthly magazine • Access to members-only online education • Updates to the Association Statute Book • Frequent educational seminars • Special prices for CID publications • Legislative advocacy in Sacramento

ECHO Membership Dues Association Membership HOA 2 to 25 units...........................$130 HOA 26 to 50 units.........................$180 HOA 51 to 100 units.......................$275 HOA 101 to 150 units.....................$375 HOA 151 to 200 units.....................$450 HOA 201 or more units..................$575 Professional Membership.................$500 Association Management Membership.......................................$500 Individual Membership.......................$75

How Do You Join ECHO?

Office 1960 The Alameda, Suite 195 San Jose, CA 95126-2308

Over 1,700 members benefit each year from their membership in ECHO. Find out what they’ve known for years by joining ECHO today. To apply for the membership, sign up online at www. echo-ca.org.

For more information about membership and ECHO, call us at 408-297-3246 or visit the ECHO website.

August 2013 || ECHO ECHO Journal Journal February April 2014 2015

41 41 41

ECHO event calendar

RESOURCE PANEL CALENDAR ECHO Resource Panels meet during lunch on weekdays to enable managers, professionals and board members to hear about important topics presented by experts in the industry, and share experiences and issues. The meetings are open to all ECHO members, and those interested in learning about ECHO, offered in a casual atmosphere where the cost of attendance is the price of your lunch. The sessions last about an hour and a half. Check-in with the ECHO Panel Secretary for details and to register.

Please join us: DATE

PANEL LOGISTICS

PANEL SECRETARY

TOPIC

April 8, 11:45 a.m.

South Bay Resource Panel Flames Eatery 88 S. 4th Street, San Jose

Geri Kennedy 408-398-4227

TBD

April 10, 11:45 a.m.

East Bay Resource Panel Massimo Restaurant 1603 Locust St., Walnut Creek

Cindy Wall, PCAM 925-830-4580

TBD

April 15, 11:45 a.m.

Wine Country Resource Panel Serv-Pro 377 Blodgett St., Cotati

Pam Marsh 415-686-9342

Bending the Board

May 7, 11:45 a.m.

North Bay Resource Panel Contempo Marin Clubhouse 400 Yosemite Dr., San Rafael

Denise Wolford 415-458-3537

Tenants & Owners

May 12, 11:45 a.m.

Central Coast Resource Panel Michael’s on Main 2591 S Main St., Soquel

Ann Thomas 800-537-4098 ext.7530

TBD

May 20, 11:45 a.m.

Wine Country Resource Panel Serv-Pro 377 Blodgett St., Cotati

Pam Marsh 415-686-9342

Earthquake & Flood Insurance

REGULARLY SCHEDULED RESOURCE PANEL MEETINGS Panel

MEETING

location

Maintenance

First Wednesday, Even Months

ECHO Office, San Jose

North Bay

First Thursday, Odd Months

Contempo Marin Clubhouse, San Rafael

East Bay

Second Friday, Even Months

Massimo Restaurant, Walnut Creek

Accountants

Second Monday, Odd months

Scott’s Seafood Restaurant, Oakland

Central Coast

Second Tuesday, Odd months

Michael’s On Main, Soquel

South Bay

Second Wednesday, Even Months

Flames Eatery, San Jose

Wine Country

Third Wednesday, Monthly

Serv-Pro, Cotati

Legal

Quarterly

Varies

42 echo-ca.org

ECHO honor roll

ECHO HONORS VOLUNTEERS Resource Panels

Seminar Speakers

Recent Contributing Authors

Accountant Panel Adam Haney, CPA 888-786-6000 x317

Marin David Feingold, Esq. Wanden Treanor, Esq. Glenn Youngling, Esq.

September 2014 Matt J. Malone, Esq. Ann Rankin, Esq. Susan Oliver Samuel Anderson Bob Gourley Judy O’Shaughnessy Michael Petite

Central Coast Panel John Allanson 831-685-0101 East Bay Panel Cindy Wall, PCAM, CCAM 925-830-4580 Legal Panel Mark Wleklinski, Esq. 925-280-1191 Maintenance Panel Judy O’Shaughnessy 408-839-6926 North Bay Panel Diane Kay, CCAM 415-846-7579 Stephany Charles, CCAM 415-458-3537 South Bay Panel Susan Hoffman, PCAM 510-683-8614 Wine Country Panel Pam Marsh 415-686-9342 Legislative Committee Paul Atkins Jeffrey Barnett, Esq. Sandra Bonato, Esq. Jerry Bowles Oliver Burford Joelyn Carr-Fingerle, CPA Chet Fitzell, CCAM John Garvic, Esq., Chair Geri Kennedy, CCAM Wanden Treanor, Esq.

Santa Cruz John Allanson Jeffrey Barnett, Esq. Diane Rossi, PCAM Ron Duncan Toby Goddard Piret Harmon South Bay Sharon Pratt, Esq. Rosalia Tapia, Esq. Matthew Harrington, Esq. Terin Reeder Robert P. Hall, Jr., Esq. Stephanie Hayes, Esq. Wine Country Carra Clampitt Bill Gillis, Esq. Steve Lieurance, CCAM Jim MacMillan Michael Cantarutti Paul Schultz, CLCA. San Jose John Allanson Ian Brown, CCAM David Levy, CPA Alex Noland, Esq. Jerry Bowles Bruce Stanton, Esq. Ricky Chu Dave Rosenblatt, CCAM Judy O’Shaughnessy David Kuivanen, AIA Diane Rossi, PCAM Brian Seifert Aaron Majors Dave Langridge Kelly Moss, CCAM Paul Schultz Sandra Gottlieb, Esq. Steven Weil, Esq. Stephanie Hayes, Esq. Bob Burton, CCAM Tyler Berding, JD, PhD Chris Sigler Regan Brown

October 2014 Tyler Berding, JD, PhD. David C. Swedelson, Esq. Christine Kehoe Thomas Connelly Elizabeth Lanham November 2014 Sean Andersen, RS Jeffrey A. Barnett, Esq. Tom Fier Colletta Ellsworth-Wicker, PCAM Richard Tippett December 2014 Sandra M. Bonato, Esq. Tom Fier Sara McLean Paul Schultz January 2015 Tyler Coffin Sara Montecino Stephanie J. Hayes, Esq. Steven S. Weil, Esq. February 2015 Tyler Berding, Esq. David Levy, CPA Carra S. Clampitt, CCAM Shelly L. Coleman, Esq. Regan Brown Robert E. Aune, Esq. March 2015 Paul P. Terry, Jr., Esq. Patricia Wendleton David Swedelson, Esq. Robert M. Nordlund, PE, RS Bob Gourley

April 2015 | ECHO Journal

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