ECHO Journal - January 2015

2015 ECHO Seminars

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How to Evaluate Your HOA Manager p.8

What Does “Certified” Mean?

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How Old Is Old Enough?

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Serving Community Associations

Is Your Manager Doing a Good Job?

CC&R Enforcement

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January 2015 echo-ca.org

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

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news from ECHO

News From ECHO January 2015 Happy New Year! This month, we’re all about New Year’s Resolutions here at ECHO. Resolved, that ECHO Membership has never been a greater value.

We’re doing everything we can to improve your membership experience. And this year, in an effort to expose as many of our HOA Members as possible to our expert speakers, critical subjects and industry professionals, attendance at our first Educational Seminars in 2015 is FREE for ECHO HOA Members who pre-register. Sign up and encourage your fellow board members and other homeowners in your association to register as well.

The ECHO Journal and website (www.echo-ca.org) will feature information and advice that you want, when you want it. We’ve spent thousands of hours compiling content on our website, which features up to date news on a myriad of topics facing your communities. Make it the go-to destination for all your HOA questions.

And let us know about topics you’d like addressed in either the ECHO Journal or the website.

Resolved, that we will bring you the best speakers and hot topics to our seminars.

Our first Educational Seminar for 2015 will be in Marin, on February 7 at the Embassy Suites in San Rafael. Speakers, David Feingold, Esq., Wanden Treanor, Esq., and Glenn Youngling, Esq. have created a new session considering all aspects on the question of HOA Sustainability. Within that context, they will discuss how the HOA model is changing, how to evolve and survive, being proactive, and how new legislation and case law affect your associations. Sign up now using the flyer on page 14, go online at www.echo-ca.org/events, or call our office at (408) 297-3246.

Resolved, that independent HOA board member education is our sole mission.

While your management company may offer seminars and other information, ECHO remains the only source of independent board member information and advice. Why is that important? Check out the first two articles in this month’s ECHO Journal. Great management companies embrace board member education, and are not afraid to answer your critical questions; ECHO’s independence will help you decide whether your management company is great.

Resolved, that we listen to you, our Members.

Let us know how we are doing, and how we can improve your membership experience.

Best,

Brian Kidney Executive Director

January 2015 | ECHO Journal

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CONTENTS

18 8

28

14

34

ENTS

REQUIREM

NS

POLICIES

REGULATIO

RULES LAW S STANDARD

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ENCY

TRANSPAR

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How To Evaluate Your HOA Manager Homeowners association board members and owners often wonder if their manager is really doing what they should be doing.

18

What Does “Certified” Mean?

A “certified common interest development manager” has a tested understanding of homeowner association laws and best practices, with special focus on the business and management skills needed to oversee a community association.

28

How Old is Old Enough?

We are seeing younger people living in and some asserting that due to current senior housing laws, they have the legal right to live in the community – even if the governing documents and/or rules state otherwise.

34

CC&R Enforcement Association directors have many responsibilities.

These include adopting a budget, authorizing year-end disclosures, pursuing delinquent assessments, conducting proper elections and enforcing the governing documents, especially the CC&Rs (“CC&Rs”) and Operating Rules.

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 2014 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

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News from ECHO

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2015 ECHO Educational Calendar

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NEW at echo-ca.org

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Marin Educational Seminar – Saturday, February 7th.

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Santa Cruz Educational Seminar – Saturday, March 7th.

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Wine Country Educational Seminar – Saturday, March 21st.

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ECHO Bookstore

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Advertiser Index

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ECHO Event Calendar

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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

January 2015 | ECHO Journal

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2015 ECHO educational calendar

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Feb 7

March 7

March 21

Marin Educational Seminar (see page 14)

Santa Cruz Educational Seminar (see page 17)

Wine Country Educational Seminar (see page 33)

Embassy Suites, San Rafael

Hotel Paradox, Santa Cruz

DoubleTree Sonoma Wine Country Rohnert Park, CA

echo-ca.org

NEW

at echo-ca.org

Quick tips and fresh insights – explore a wealth of information on our website.

Log in to read the articles below.

Not sure how to access your free account? Email ECHO at: newaccount@echo-ca.org.

Articles 6 Elements of a Successful Monthly Meeting

Listen to this former board member’s advice on how to take the pain and suffering out of your board meetings.

He offers some practical tips for shortening the meeting, creating a positive and respectful atmosphere, and dealing with common problems.

Blog: HOA Governance

Save Money on Maintenance with Rainy-Season Projects

Yes it’s raining outside. Yes it sounds crazy to schedule your paint job. But for the right job, associations who start summertime work during the winter and spring can save a healthy amount of money. These jobs can take a little longer and you may deal with some uncertainty, but your budget will love you.

Educational Topic: Maintenance

HOA Laws for Delegating Board Authority

At ECHO, we love transparency. But the major downside to the transparency-focused Open Meeting Act is in the limits that it imposes on board discussions outside of meetings, and how those limits reduce efficiency. Some boards have made excellent use of committees to help ease the impact of those restrictions.

Educational Topic: Delegating Duties

How to Fund a Lawsuit for Your HOA

As much as we hate to say it, lawsuits are an unavoidable reality of HOA life. Whether your association is being sued or you need to sue someone, lawsuits are stressful and expensive. This article examines both types of lawsuits and how associations can fund these unbudgeted expenses.

Educational Topic: Lawsuits

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

January 2015 | ECHO Journal

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HOW TO EVALUATE

YOUR HOA MANAGER Homeowners association board members and owners often wonder if their manager is really doing what they should be doing.

By Tyler Coffin and Sara Montecino

I

s the manager doing too much or not enough?

To answer these questions, you’ll need to create some clear guidelines that you can use to conduct an evaluation. Those guidelines should measure services in two areas: Is your manager doing what they are contracted to do? Are they doing it in the right way?

January 2015 | ECHO Journal

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H

ere we focus on the second question the manner in which your manager performs his or her tasks. If your manager is doing a good job, they will do all of the following:

1 2

Provide the services that they promised.

Stay informed about current laws and best practices.

3 4

Avoid exposing the association to liability.

5

Treat all owners with respect.

Work in the association’s best interest.

A Manager Should Provide the Services that they Promised Know your contract. You can’t evaluate a manager unless you measure their performance against clear standards. Your contract answers the basic questions about “what” the manager should do.

Did he attend the board meeting? or Did she provide quarterly financials? are easy questions to answer.

But what about the “soft” promises?

During the interview process, every company promises to provide service in a particular way. These assurances can greatly influence the board’s final selection, but the details don’t always belong in the final contract. Boards should carefully document promises such as “we respond to all owner inquiries within 4 hours” or “we deliver financials at least one week prior to

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every board meeting.” These are important service guarantees that aren’t always included in the contract.

While HOA boards can certainly adopt flexible standards, they should have standards that they communicate to the manager. Even great employees can make mistakes and forget about the unique priorities of a particular board. This is especially true when boards neglect to document those priorities. So what can you do?

1. Document. Write down assurances from the management company that matter to you. You may be able to include some in the contract.

2. Discuss. The board should review and discuss these notes to make sure that it agrees upon what was promised.

3. Share. The board should share the final document with the manager, and let them know that they will evaluate them according to this set of criteria.

A Manager Should Stay Informed About Current Laws and Best Practices Condominiums and planned developments often hire management companies to help them comply with current legal requirements and avoid liability. The growing set of laws that comprise the legal responsibilities of HOA boards of directors is constantly updated and changed by legislators and court cases. For volunteer board members, tracking the changes – or even learning all the basics – is a major challenge. Every board should understand the Legal Obligations and Potential Liabilities of Directors.

But your manager can help! Or they should - managers should understand the requirements of current HOA law, follow a plan to stay informed, and make the board aware of developments. For managers, the clear path is certification.

4. Evaluate. The board should review the manager’s performance at regular intervals, and discuss the review with the manager. The board should praise success, and expect improvements when necessary.

Management Certification

Written agreements between management companies and homeowners associations will ideally allow the board to focus on policy rather than the day-today procedures of HOA management.

In California, managers are not required to be certified, but managers who obtain a certification demonstrate a proven degree of expertise and professionalism.

If they don’t have a certification, a manager may not say he or she is certified

or licensed in community association management. Doing so is a violation of the law (Business and Professions Code §11502).

Certified managers have a tested understanding of laws related to community associations. They must complete at least 30 hours of education in a broad range of topics in order to obtain a certificate.

These topics include:

California law related to managing an association (Davis-Stirling Act) Risk management practices such as insurance and maintenance Property protection regulations such as Vehicle Codes, local and municipal regulations, energy conservation, and daycare homes Read the full list of Certified Manager Criteria.

While no comprehensive, state-issued management certification exam exists,

national and state-wide organizations offer certifications that meet California’s requirements. But each program is unique, and your board should make sure that its manager maintains a certification with an educational program that serves the needs of the HOA. Check out our guide to community association management certifications to learn more.

board member to understand their responsibilities. So don’t be afraid to ask questions, and find a manager who will point you to answers. “That’s just how we do it” is not an acceptable answer.

Ask “why” a lot:

Why can’t we count the election ballots before the meeting?

Managers Should Empower Boards with Educational Information Under most circumstances, the homeowners association is responsible for the work performed by their manager.

When elected, a board member accepts a fiduciary duty to the association.

The employment of a manager doesn’t change this basic fact.

Being a fiduciary is a big responsibility that falls only on the board – not the manager. Good managers understand this difference and will encourage each

Why can’t we raise dues more than 20%?

Why should we update our reserve study?

The answers matter, and you should know which practices are dictated by law and which are simply recommendations.

While you can’t expect a manager to communicate the breadth of their knowledge to you, they can always point you to objective educational resources.

If your manager is unwilling to help you become a more informed fiduciary, you

Component Reserve Analysis and Construction Project Management

Pollard Unlimited, Inc

Professional Service – Competitively Priced

Roger Pollard President Office: (209) 879-9113 Fax: (209) 879-9252 Email: pollardunlimited@comcast.net

January 2015 | ECHO Journal

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should be concerned. However, most managers value informed boards – they are the best clients.

A Manager Should Not Expose the Association to Liability A good manager will also demonstrate integrity and careful attention to detail by not exposing the association to liability. Three of the biggest threats to your community association are:

Your manager should be aware of each of these threats and use a systematic approach to ensure your association does not risk exposure.

Lapsed or Inadequate Insurance Your manager should monitor the association’s insurance policies closely, and immediately inform the association about upcoming renewals. Lapses in coverage should be disclosed immediately.

And the management company should maintain its own liability insurance.

Lapsed or Inadequate Insurance Unlicensed or Uninsured Contractors Fraud

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Unlicensed or Uninsured Contractors Third party contractors can expose an

association to significant liability.

If your manager is contracted to help the association to hire contractors for construction projects (such as reroofing, painting, lighting, etc.), he or she should obtain proof of the following information from each prospective company:

Contractor’s license. The contractor should be licensed in the state of California to perform the specified work.

Proper insurance. The contractor should have its own liability insurance and surety bond, and should have workman’s compensation insurance that covers any employees that will work on the job. Some insurance policies exclude common interest developments, and your manager should check on the coverage.

Ask your manager to explain the steps they take to verify contractor eligibility.

Fraud A manager should follow procedures that protect the association from fraud. and should explain these procedures to the homeowners association. Here are three basic fraud-prevention strategies that every manager should recommend:

Two signatures on checks. If you pay bills using checks, your banking arrangement should require two board member signatures on checks. The manager should never sign checks. If you use online banking, your process should require the participation of two board members to monitor and send payments.

Two bank statements. Your manager should recommend that one board member receive an original copy of your monthly bank statements. This

copy is in addition to the statement sent to the management company.

Spending limits for managers. Managers need the freedom to approve urgent work without involving the board. However, a manager should recommend that you adopt a policy that reasonably limits that freedom to a specific dollar amount.

Your attorney should also review your management contract to make sure that the association is adequately protected in the event that your association is the victim of fraud.

A Manager Should Work in the Association’s Best Interest Ethical managers work in the homeowners association’s best interest. While

individual managers are employees of the management company, they should never allow a conflict of interest to influence their work for the HOA. Make sure that your manager recommends best practices and maintains appropriate relationships with service providers.

Ethical Governance Policies Have you ever employed a manager who told you that the board’s desired course of action was against the law? Did they decline to participate and explain why?

If so, you’ve got an ethical manager! This means that they value honesty, and are willing to risk discomfort and their business relationship in order to protect the association and their own professional reputation. Many certified managers are required to abide by the ethics policy of their certifying organization. For man-

January 2015 | ECHO Journal

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New For 2015, FREE Attendance for ECHO HOA Members!

Join us at the Marin Educational Seminar Saturday, February 7th, 2015

/

8:30 AM to 12:30 PM

Register online at www.echo-ca.org or fill out the form below.

AGENDA TOPICS

COMMUNITIES AT CROSSROADS OF SUSTAINABILITY IS THE HOA MODEL AS WE KNOW IT CHANGING? HOW TO EVOLVE & SURVIVE HOW TO BE PROACTIVE vs. REACTIVE LEGISLATIVE and CASE LAW UPDATE

Yes, reserve ______spaces for the ECHO Marin Seminar Amount enclosed: $______(attach additional names)

HOA or Firm:

Embassy Suites San Rafael 101 McInnis Parkway San Rafael, CA 94903

Address:

Price

Name: Email Address:

City: State:

Zip:

Phone: Visa/Mastercard No. Exp. Date: Signature: Return with payment to: ECHO, 1960 The Alameda, Ste 195, San Jose, CA 95126 Orders will not be processed without payment in full. Fees for cancelled registrations will not be refunded. Phone: 408-297-3246; Fax: 408-297-3517

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ADDRESS

echo-ca.org

FREE for Pre-registered ECHO HOA Members $50 Nonmembers and Walk-ins. speakerS

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

agers who obtain the CCAM certification from CACM, you may read their ethics guidelines here: CACM Code of Ethics(link is external).

Vendor Gift Policy A manager can and should offer guidance about which contractors to hire or services to use, but allow the board members should make the final selection, or to define the parameters within which the manager may choose a contractor.

Management companies should have a policy that govern gifts from vendors to managers. Vendors will often develop close relationships with managers by taking them to lunch, offering event tickets, etc. These relationships are common, but they can lead to bias or the appearance of bias. In our opinion, managers should disclose to the board any gifts that they receive from bidding contractors.

Bids and Contract Renewals Managers should advise boards about expiring vendor contracts, and give them plenty of opportunity to decide whether to renew or to seek new bids.

A Manager Should Treat All Owners with Respect Managers should conduct themselves professionally and respectfully towards board members and homeowners alike.

All management company employees should treat every homeowner as if he or she is a future board member.

While all owners are worthy of respect, not every complaint deserves equal attention. If you want to understand how well your management company treats owners, you will need to do a little January 2015 | ECHO Journal

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research. You may want to consider the following options:

Call the management company.

Many board members interact with the management company by emailing or calling the manager.

But you can get a better sense of an owner’s experience if you use the same process that they follow.

Are you greeted courteously by a human being, or are you passed to an automatic call-forwarding system? Different arrangements work well for different HOAs, but you should choose one that fits the needs of your membership.

Survey the membership. Develop a process to help you gather regular feedback about the manager or management company services. You may ask how management handles billing, emergency calls, complaints, etc. You should also ask about positive experiences.

Hold an executive session. Boards may meet in executive session to discuss “personnel matters.” It is good policy to meet in private to discuss your manager’s performance at 16 echo-ca.org

least annually. This meeting will help you identify positive changes that you can make, or opportunities to praise the manager’s performance.

Talk to Your Manager Good management requires frequent, clear communication. You must talk to your manager about your needs and provide clear direction if you want to receive great service. Do the work to define a management relationship that works for your HOA, and then talk to your manager about how to achieve your goals.

Give your manager an annual review, similar to those you receive in your professional career. Acknowledge and praise their successes, ask for necessary changes, and develop a relationship that lasts.

See more at: http://www.echo-ca.org/ article/how-evaluate-your-hoa-manager#sthash.JcwLy3A3.dpuf Tyler Coffin is Director of Communications at ECHO. Sara Montecino is Content Intern at ECHO.

New For 2015, FREE Attendance for ECHO HOA Members!

Santa Cruz Educational Seminar Saturday, March 7th, 2015 8:30 AM to 12:30 PM /

Yes, reserve ______spaces for the Santa Cruz Seminar.

Amount enclosed: $______(attach additional names) Name: Email Address: HOA or Firm:

SAVE THE DATE!

Visit echo-ca.org/events for the latest information and online registration.

ADDRESS

Address: City: State:

Zip:

Phone:

Hotel Paradox 611 Ocean Street Santa Cruz, CA 95060

Visa/Mastercard No. Exp. Date:

Price

Signature:

FREE for Pre-registered ECHO HOA Members $50 – Nonmembers and Walk-ins

Return with payment to: ECHO, 1960 The Alameda, Ste 195, San Jose, CA 95126 Orders will not be processed without payment in full. Fees for cancelled registrations will not be refunded. Phone: 408-297-3246; Fax: 408-297-3517

January 2015 | ECHO Journal

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What Does “Certified” Mean?

By Tyler Coffin and Sara Montecino

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What Does “Certified” Mean?

A “certified common interest development manager” has a tested understanding of homeowner association laws and best practices, with special focus on the business and management skills needed to oversee a community association.

HOA boards who choose to hire a manager should always choose a candidate with the training and experience that fits the special requirements of the association. And while certification

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is an important first step, it does not guarantee that a manager has the skills that you need. Each type of certification represents different types of training and levels of experience.

Skills Required in California Certification Programs

4 Budget preparation, bankruptcy laws, financial statements, assessments and delinquencies

4 Contract negotiation While California does not require association managers to be certified, it does require that managers meet certain educational requirements to claim certification. Many management companies also require their managers to become certified as part of their professional training. The certification process educates a manager about the laws and policies that govern condominiums, townhouses, planned unit developments, and other common interest developments.

Managers who are not certified cannot claim or imply any sort of certification without violating the law (California Business and Professions Code §11505).

4 Employee supervision 4 Maintenance 4 Rule enforcement 4 Recreational programs and facilities

4 Owner communications

4 Strategic planning for board

members and resident activities

4 Ethics codes 4 Conflict resolution California does not provide a management certification exam. Instead, a variety of private organizations provide certifications that meet the requirements of California State law. The California Bureau of Real Estate (BRE) must review and approve each program.

Programs must meet the certification requirements defined by California law, which only allow a manager to be certified after they complete an educational program of at least 30 hours and pass a test on the coursework. Read Business and Professions Code §11502(b)(1) for a complete list of HOA laws and subjects that must be a part of the certification program.

Overview of Manager Certification Programs Within the framework of requirements outlined in the Business and Professions Code, each certification provider offers a curriculum based on that particular provider’s interpretation of the law.

Each provider also establishes the minimum qualifications for their certification. The most widely used certification providers are the California Association of Community Managers (CACM), the Community Associations Institute (CAI), and the Community Association Managers International Certification Board (CAMICB).

We’ve listed the most common service providers below, along with the specific certifications that they provide. The most advanced certifications offered by each provider appear at the end of each section.

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California Association of Community Managers (CACM) The California Association of Community Managers (CACM) is an organization founded by and composed of community association managers. CACM offers the Certified Community Association Manager (CCAM), the Master of Community Association Management (MCAM), and an optional Specialty Certificate.

Certified Community Association Manager (CCAM) CCAM Overview

Amazon customers gave it a five-star rating

Hours of Coursework

36 hours

Length of Certification

3 years

In order to claim the CCAM designation, a manager must have been employed as a community manager for at least six months, complete 36 hours of classes (or otherwise provide sufficient experience to be exempt), pass a test on the material with a score of 70% or higher, and apply for certification. Once approved, the certification will be valid for three years, after which a manager must take continue his or her education to be recertified.

A Complete Guide to Condominium Living

Member Price: $17.00 Non-Member Price: $25.00

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6 months

Prerequisite Certification None

2015 Condominium Bluebook

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.

Minimum Management Experience

The coursework for the CCAM consists of the following: Order today from ECHO!

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

Basics of Association Management – Provides general information regarding community associations such as roles of directors and managers, hierarchy of governing documents, financial management obligations, administration techniques, and risk management. A manager may test out of this course if he or she has

two years prior experience in the field and can pass the final exams.

California Law – Examines the laws the govern homeowners associations in three main areas (a manager may test out of this course if he or she has two years prior experience in the field and can pass the final exams): Governance: board responsibilities, liability, types of meetings (annual, board, special, etc.), minutes, records, and agendas.

Finances: balance sheets, financial statements, annual disclosures, accounting, assessments, and records.

Maintenance: working with contractors, property maintenance, environmental concerns, and risk management.

Ethics for Community Managers – Discusses the importance of ethics in management and describes rules of conduct, ethics complaints, disciplinary actions, and appeals. Read the CACM Professional Code of Ethics (link is external) for more information.

Specialty Certificate Specialty Certificate Overview Minimum Management Experience

2.5 years

Hours of Coursework

29.5 -33 hrs

Length of Certification

Indefinite

Prerequisite Certification CCAM A manager can obtain the Specialty Certificate after holding the CCAM certification for at least two consecutive years.

The Specialty Certificate requires 29.5-33 hours of additional coursework (depending on which specialization a manager January 2015 | ECHO Journal

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pursues) and a written narrative that demonstrates the manager’s understanding of the material. The Specialty Certificate does not require recertification. The course offers specialization in four areas of community association management: High Rise, Large Scale, Portfolio Management, and New Development Management.

Managers who want a Specialty Certificate must complete two mandatory classes and one optional class: Human Resource Management (Mandatory) – Discusses recommended practices for the process of hiring, firing, training, and motivating employees.

Risk Management in Community Associations (Mandatory) – Provides tools for identifying and avoiding risk for HOAs. High Rise (Optional) – Focuses on maintaining mechanical systems and fire safey, adhereing to regulations, and protecting the property. Discusses the legal and financial issues particular to high rise associations.

Large Scale (Optional) – Covers best practices for facility, recreational amenity, and landscaping management. Develops plans for maintaining architectural control and board governance. Focuses on strategic planning and communitybuilding for large scale associations.

Portfolio Management (Optional) – Provides tools to manage time, common areas, service providers, and safety regulation.

New Development Community Management (Optional) – Teaches Department of Real Estate regulations and documentation. Developes phasing schedules and plans for ongoing and start-up operations.

Master of Community Association Management (MCAM) MCAM Overview Minimum Management Experience

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6.5 Years

Hours of Coursework

18 hours

Length of Certification

3 years

Prerequisite Certification

CCAM, Specialty Certificate

The MCAM it is the most professional certification offered by CACM. In order to claim the MCAM designation, a manger must have held the CCAM certification for at least six consecutive years, specialize in a field of community association management, and complete 18 hours of additional coursework. Managers must also pass a multiple-choice test with a score of at least 75% and successfully complete a twenty-page written essay and an oral presentation.

Once certified, the MCAM replaces the CCAM designation and is valid for three years before a manager must complete additional coursework to be recertified.

The coursework for the MCAM includes both of the following classes: Effective Governance Principles – Teaches principles of the strategic planning process to increase board of director efficiency.

Advanced Ethics: Leadership and Decision Making – Provides tools for identifying ethical responsibility and ethical decision making.

The CACM website (link is external) provides additional information about their certifications and requirements.

Community Association Managers International Certification Board (CAMICB) The CAMICB offers a nationally accepted management certification, the Certified Manager of Community Associations (CMCA). The CMCA has been approved by the National Commission for Certifying Agencies (NCCA(link is external))

for adhering to standards of purpose, structure, governance, policies, and procedures.

Since CAMICB is a global entity working with homeowners associations throughout the world, their general course and examination material does not always test for knowledge about specific state laws. But the CAMICB now offers an option (link is external) for California HOA managers to obtain a CMCA that meets the requirements of California statutes. Boards hiring a manager with a CMCA should ensure that the manager’s coursework included the Californiaspecific training.

Certified Manager of Community Associations (CMCA) CMCA Overview Minimum Management

0-5 Years

Hours of Coursework

0-22.5 hrs

Length of Certification

2 years

Experience

Prerequisite Certification None Successfully complete a 22.5 hour course on the essentials of association management. In order to obtain a CMCA, a manager has to satisfy the education requirements and pass the CMCA test with a 67% score or higher. Managers must recertify every two years in order to maintain their CMCA designation.

Satisfying the education requirements can be done in one of three ways: 1. Complete and pass one prerequisite course on community association management.

2. Have at least five years of experience as a community association manager (assistant managers do not qualify).

3. Hold an active CCAM certification.

The coursework for the CMCA consists of one class: The Essentials of Community Association Management – Discusses the roles of HOA participants (members, boards, managers, etc.), ethics, meetings, finances, rule enforcement, risk management, maintenance, and human resources.

The CAMICB website (link is external) provides additional information about their certification and requirements.

Community Associations Institute (CAI) The Community Associations Institute (CAI) is an affiliate of CAMICB and offers more advanced certification designations based on the CMCA. CAI is different from its affiliate in that it works with all parties that provide services and products to homeowners associations (i.e. boards of directors, businesses, managers, etc.) instead of exclusively dealing with managers.

CAI offers the Association Management Specialist (AMS) and the Professional Community Association Manager (PCAM) certifications, as well as the Large-Scale Management (LSM) specialization option. Each certification requires that the manager has passed the CMCA examination. In order to maintain each designation, a manager must comply with CAI’s Professional Code of Ethics (link is external).

Association Management Specialist (AMS) AMS Overview

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Minimum Management Experience

2 Years

Hours of Coursework

25-32 hrs

Length of Certification

3 years

Prerequisite Certification CMCA The AMS is the second highest designation available from CAI, and requires at least two years professional experience as an HOA manager and 25-32 hours of coursework. A manager may choose two of six available courses.The AMS does not require testing in order to become certified. The AMS replaces the CMCA designation and must be recertified every three years.

Professional Community Association Manager (PCAM) PCAM Overview Minimum Management Experience

5 Years

Hours of Coursework

85.5 hrs

Length of Certification

3 years

Prerequisite Certification CMCA

Association Communications – Offers strategies for communicating with a board of directors and homeowners including newsletters, reports, and general customer service.

The PCAM certification is the most advanced certification available through CAI, requiring at least 5 years of professional management experience, successful completion of six courses (85.5 hours of coursework), and completion of the PCAM Case Study. The Case Study requires a manager to examine an actual community association and submit a written paper that combines the knowledge gained from the required coursework and information collected from the association. The PCAM replaces both the CMCA and AMS designations, and a manager must reapply for PCAM designation every three years.

Community Leadership – Teaches motivation techniques to make board meetings more efficient.

The PCAM coursework requires a manager to complete all of the following courses and projects:

Community Governance – Analyzes the fiduciary duty of board members and instructs on best practices for using attorneys, amending governing documents, and enforcing rules.

PCAM Case Study – Written paper applying coursework knowledge to the examination of an actual community association.

The coursework for the AMS requires a manager to complete two of the following classes: Facilities Management – Discusses best maintenance practices for HOAs, providing tools for proactive measurements, emergency situations, reserve study usage, contractor bids, and contract oversight.

Risk Management – Provides tools for managing HOA insurance including losses, claims, and proposals for coverage.

Financial Management – Covers budgets, reserves, accounting methods, and financial statements.

26 echo-ca.org

Facilities Management – Discusses best maintenance practices for HOAs, providing tools for proactive measurements, emergency situations, reserve study usage, contractor bids, and contract oversight.

Association Communications – Offers strategies for communicating with a board of directors and homeowners including newsletters, reports, and general customer service.

Community Leadership – Teaches motivation techniques to make board meetings more efficient.

Community Governance – Analyzes the fiduciary duty of board members and instructs on best practices for using attorneys, amending governing documents, and enforcing rules.

Risk Management – Provides tools for managing HOA insurance including losses, claims, and proposals for coverage.

Financial Management – Covers budgets, reserves, accounting methods, and financial statements.

Large-Scale Manager (LSM) LSM Overview Minimum Management

10 Years

Hours of Coursework

16 hours

Length of Certification

3 years

Experience

Prerequisite Certification PCAM The LSM certification is only available to PCAM managers and requires at least 10 years professional management experience, management of a large-scale community, and successful completion of the required education. The education can either consist of 16 hours of coursework or attendance at one of CAI’s Large-Scale Management workshops.

A large-scale association is defined is defined by CAI as…

A single, contiguous community association with an on-site, full time manager; A minimum of 1,000 units or a minimum of 1,000 acres; and A minimum annual operating budget of 2 million dollars.

The LSM coursework consists of one class: Managing the Large-Scale Association is the approved course for the LSM certification. It covers the relationships between large-scale associations and municipalities, and master associations and sub-associations. The course also explores the differences between open, commercial, and residential properties.

Since the LSM is a specialized certification, the designation would be included alongside PCAM in a manager’s title. For instance, if Susan Smith became a certified LSM manager, her title would read: Susan Smith, PCAM, LSM. The CAI website: www.caionline.org, provides additional information about their certifications and requirements.

- See more at: http://www.echo-ca. org/article/guide-community-association-manager-certifications#sthash.

ZRZRKY08.dpuf Tyler Coffin is Director of Communications at ECHO. Sara Montecino is Content Intern at ECHO.

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.

January 2015 | ECHO Journal

27

28

HOW OLD IS

OLD ENOUGH? Are there any age restrictions left in senior housing communities?

By Stephanie J. Hayes, Esq.

29

W

hen we think about senior housing or retirement communities, many people visualize gray-haired grandmother and grandfatherly types, zipping around in golf carts en route to the wood workshop or a bridge game at the clubhouse. That picture generally does not include small children, teenagers, young adults or people under 40. But the reality is that the “face” of senior communities is changing.

Though not a flood by any means, we are seeing younger people living in and some asserting that due to current senior housing laws, they have the legal right to live in the community – even if the governing documents and/or rules state otherwise. This article will discuss and include illustrative examples of the different categories of residents, both under and over 55 years of age, who can stay in a senior community.

Aside from perhaps surprising the reader, it should become clear that senior communities must review, and many will need to update their governing documents and adopt senior housing 30 echo-ca.org

residency rules in order to comply with the current senior housing laws.

Qualifying Resident a/k/a Senior Citizen It goes without saying that a “senior citizen housing development” – which is the term used by the state “Unruh Civil Rights Act” (Civil Code sections 51 et seq.) – is housing that is established and intended to be set aside for “senior citizens.” State law defines a “qualifying resident” or “senior citizen” as a person 62 years of age or older or 55 years of age or older in a senior citizen housing development. Most if not all of the senior communities we see are “55+” communities.

Qualifying residents/senior citizens obviously have the right to live in a senior community. Questions rarely arise as to whether someone is a qualifying resident or not; it is easy enough to check the person’s drivers’ license or birth certificate.

Qualified Permanent Resident Depending on the circumstances, some individuals under 55 years of age have

the right, under the Unruh Civil Rights Act, to stay in the residence they lived in with the senior citizen and cannot be forced to leave after the senior citizen has left. Examples follow:

June was 58 years old when she passed. Her roommate Jane was 47 years of age at the time of June’s death. While under 55 years of age and thus not a senior citizen, Jane can stay because she was at least 45 years of age.

Jim, 60 years old, has been living with Joe, who is 38 years old, for the past three years and they jointly own their home. Jim has a stroke and moves to an assisted living facility, but the prognosis is good that he can return home after six months of therapy. Jim and Joe consider themselves as “partners for life”; they equally shared all of the bills, have joint bank accounts, and each is named the beneficiary of the other’s trust. One month before Jim’s stroke, they had a commitment ceremony and signed the paperwork and mailed it off to the Secretary of State to become legal “domestic partners,” but they forgot to include the filing fee. Can Joe stay? Joe can be forced to leave the community, even though he is a joint owner, because he was not a cohabitant who is defined by the Unruh Act to include domestic

partners. The outcome would be different if only they’d remembered the check (or if Joe was 45 when Jim had his stroke).

Jerry, who is 57, has three grown daughters and four grandchildren.

Jerry marries his second wife, Belinda, who is 42 years of age.

Belinda has no children and her biological clock is ticking. Though Jerry is reluctant to have another child, he relents and they are blessed with a beautiful healthy boy, JJ. The happy couple brings their son home, and neighbors complain to the manager that a baby has no right to live in their senior community. Can Jerry and Belinda stay in the community?

YES. Jerry is a senior citizen, and Belinda, as his wife, is a qualified permanent resident. Can JJ be forced to leave? YES! Why? JJ does not satisfy the requirements of a qualified permanent resident. His parents face the difficult decision of taking their son and moving away, or placing their son elsewhere and staying in the community without him.

Consider, instead, that in the previous example, JJ was born with a cleft palate. Or, what if he was instead born with an enlarged heart?

Must JJ leave? In either case, maybe.

JJ, as the son of a qualifying resident (i.e., Jerry), would be a qualified permanent resident if he meets the

statutory definition of a “disabled person” or a “person with a disabling illness or injury.” Given the intricacies of the applicable statutes, further details, review and analysis will be needed before the Board can reach a conclusion.

Gramma, 90 years of age, decides that she is getting on in age and needs some help. Granddaughter, 20 years of age, has dropped out of college, much to the dismay of her parents who tell her she cannot move back home unless she gets a job or goes back to school.

Gramma, concerned about her favorite granddaughter and seeing an opportunity to get some help with housekeeping, errands and rides to the doctor, allows Granddaughter to move in with her. During the summer, Gramma slips and breaks her hip and moves into a convalescent home. While Gramma is recovering, Granddaughter holds parties every weekend at the pool, and several residents call the manager demanding that Granddaughter be forced to move out. Can Granddaughter be forced out? Unless she can show that she provided primary physical or economic support (unlikely under these facts but further investigation and review of documentation is essential), the Board may require that Granddaughter move out of the community.

Would it make any difference if, in the previous example, Granddaughter had also attempted suicide and was diagnosed with clinical depression before moving in with Gramma?

And, what if Gramma’s concern about her mental state was another reason she asked Granddaughter to move in? Granddaughter may be a disabled person or person with a disabling condition (due to a mental disability) and thus a qualified permanent resident entitled to stay.

What if the Board finds that Granddaughter does qualify as a disabled person but after taking medication and going to therapy, her condition improves? Can the Board then force her to leave? Maybe, but further investigation and analysis are necessary. The law provides that for any qualified permanent resident whose disabling condition ends, the Board may require that person to leave upon six months’ notice (but the Board can decide to let that person stay up to one year after the disabling condition ends).

Permitted Health Care Resident Permitted health care residents of any age are hired to provide live-in, long term or terminal health care to the January 2015 | ECHO Journal

31

senior citizen; they can also be a family member of the senior citizen who provides that care.

Unlike a qualified permanent resident, permitted health care residents do not have the right to permanently reside in the community after the senior citizen has died, been hospitalized, or left for a prolonged absence. However, under certain circumstances they can stay in the residence on a temporary basis while the senior citizen is away, in, for example, a hospital.

The care provided by the permitted health care resident must be substantial in nature and provide either assistance with daily activities or medical treatment or both. Questions will often arise as to whether a family member is a qualified permanent resident (as a person providing primary physical support and thus entitled to stay in the residence after the senior has left), or instead a permitted health care resident (who must eventually leave the residence after the senior citizen is gone).

Qualified Resident or Permitted Health Care Resident? How Do You Decide?

As some of the examples illustrate, in many cases it may be hard to deter32 echo-ca.org

mine which category applies, especially since some of the applicable statutes are unclear or lack adequate descriptions or definitions. In any event, the burden of proof should be on the person claiming a particular status and assistance of legal counsel may be required. That person can and should be required to prove (via documentation, testimony or other evidence), to the reasonable satisfaction of the Board, that they satisfy the statutory requirements and thus qualify as they claim.

Need For Review and Updating of Governing Documents, Adoption of Senior Housing Residency Rules As briefly illustrated in this article, the answer to the question “how old is old enough to live in a senior community?” is no longer 55 years of age. Depending on the circumstances, old enough may be one day old, 21 years old, or even 45 years of age.

As with many homeowner associations, the governing documents and rules of too many senior communities date back 10, 20, even 30 years and well before many of the changes in senior housing laws reflected in some of the earlier examples. As a result, some Boards, in reliance on their outdated documents, may be taking or considering

action against individuals contrary to current law. This can expose the community to lawsuits and/or claims filed with state or federal agencies, such as HUD or the Department of Fair Employment and Housing (“DFEH”).

Aside from possible judgments and assessment of penalties and attorneys’ fees, acting contrary to the senior housing laws as they now exist also creates the very real risk that the community may lose its status as a senior citizen housing development under federal and/ or state law. The result of this would be that the community could no longer restrict occupancy to senior citizens (at least to the maximum extent possible under current law) and anyone, of any age, could live in the community.

In the face of all of this, every senior community must have in place up-todate governing documents, which should include a “senior housing residency policy” or “senior housing residency restrictions” describing, in detail, who may permanently as well as temporarily live in the community.

To accomplish that, work with legal counsel to review and update your governing documents as needed, and adopt appropriate senior housing restrictions.

Can you afford not to?

Stephanie J. Hayes, Esq., is a principal with Hughes Gill Cochrane in Walnut Creek. She serves on the ECHO Board of Directors, and is a frequent contributor to the ECHO Journal and speaker at ECHO events.

Wine Country Educational Seminar Saturday, March 21st, 2015 8:30 AM to 12:30 PM /

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Return with payment to: ECHO, 1960 The Alameda, Ste 195, San Jose, CA 95126 Orders will not be processed without payment in full. Fees for cancelled registrations will not be refunded. Phone: 408-297-3246; Fax: 408-297-3517

January 2015 | ECHO Journal

33

N E M E R I REQU S E I C I L PO

LAW S D R A STAND 34 echo-ca.org

NTS S N O I T A L U G E R

. q s E , l i e W .

By Steven S

RULES

Y C N E R A P S N A R T January 2015 | ECHO Journal

35

A

ssociation directors have many responsibilities.

These include adopting a budget, authorizing year-end disclosures, pursuing delinquent assessments, conducting proper elections and enforcing the governing documents, especially the CC&Rs (“CC&Rs”) and Operating Rules.

The majority of homeowner association residents – owners and tenants alike - follow the CC&Rs. Usually, most of those who don’t are unaware of a particular community rule; with a letter or phone call violations are quickly resolved. Of course, this isn’t always the case. Disputes can escalate for lots of reasons including perceptions of unfairness, incursion of great expense, stubbornness or sincere disagreements over the extent to which the free use of property becomes subordinated to the CC&Rs and decisions of an association’s board or a committee.

It falls to the board to determine whether, how and to what extent a CC&R violation will be addressed. Usually, the tools available include imposition of fines; suspension of the right to vote, run for or serve on the board; and denial of access to common area amenities. The procedures used in connection with these remedies may include a simple “conversation,” a noticed disciplinary hearing or the “meeting and conferring” with the owner and a director as part of an internal dispute resolution process. If the violation remains unresolved, the board will evaluate whether to seek mediation, arbitration or to initiate litigation to compel compliance with the CC&Rs. This involves several considerations, including the magnitude and visibility of the violation; precedent, the cost and the chances of a successful enforcement action; and the number and type of other items on the board’s agenda. Input from experienced counsel is essential when the violations have potentially significant consequences for the community.

I’ve advised many boards evaluating the pros and cons of aggressive CC&R enforcement. Over the years, I’ve 36 echo-ca.org

noticed that directors may initially make assumptions about CC&R enforcement that are not always true:

Don’t Ignore CC&R Violations But Don’t Go to War Over Minor Problems Not every violation must be aggressively enforced. Some are relatively unimportant (the unauthorized construction of an improvement that cannot be seen and would have been approved had application been made; a one-time violation of the “nuisance clause” occurring during a high-school graduation party) and some will be hard to address (an unauthorized modification made long ago by a prior owner). Each of these may constitute CC&R violations but common sense suggests a board “pause” before “upping the ante” on a claim.

Don’t Assume “Precedent” is Irrelevant A violation cannot be viewed in a vacuum as if the association has had no past and will have no future role in dealing with violations. “Precedent” is very important in terms of “looking back” and “looking ahead.” A board seeking to compel compliance with the CC&Rs may face an owner’s defense that the association has waived its right to enforce because it has failed to do so consistently in the past. And, looking ahead, a board that permits a violation may hamper future enforcement efforts. A key consideration in negotiating the settlement of a CC&R dispute is how it will help or hinder future CC&R enforcement.

Don’t Assume Insurance Will Cover the Claim Insurance will not cover claims initiated by the board to enforce the CC&Rs. Insurance may cover CC&R claims and related lawsuits (typically for breach of fiduciary duty) brought against the board and association. Claims routinely excluded by an insurance policy are those based on “breach of contract” (i.e., the CC&Rs), noise (including those based on noisy floors), discriminatory conduct (even

when no evidence of discrimination exists) and claims also asserted against the manager (who will always demand indemnification from the association).

The importance of understanding the association’s insurance policy so that coverage issues can be properly handled cannot be overestimated.

Don’t Think Judges Are Sympathetic Most directors assume judges and arbitrators will automatically support upholding the CC&Rs. They won’t. Some judges are more concerned with seeing a dispute from the owner’s point of view rather than the community perspective.

With a well-prepared case, even judges and arbitrators who initially may have sympathy for an owner can be persuaded to ultimately rule in the association’s favor but it certainly isn’t a given.

Don’t Give Up Trying to Settle a Dispute A really surprising thing is that disputes, even those which seem to be the most intractable, can still be resolved without going to trial. Even when there are hurt feelings, strong egos and lots of money at stake, an effective mediator working with lawyers and parties acting in good faith can find their way to a settlement before or even after a dispute escalates into a lawsuit. The key is to avoid over investing in a particular outcome and being open to alternative points of view.

In many cases, decisions relating to CC&R enforcement can be made by the board with input from an experienced manager. In other cases, especially those involving questionable insurance coverage, alleged breach of fiduciary duty or long term precedent, it will be wise to confer with experienced association counsel.

Steve Weil is one of the founding principals at Berding|Weil LLP in Walnut Creek. He has practiced community association law since 1984 and has dealt with virtually every kind of challenge facing directors, managers and community association members. He is a member of the ECHO board of directors.

Congratulate Ashley Ross

We’re excited to announce that Ashley Ross has joined ECHO’s team as the new Office Manager.

Ashley is a recent graduate of San Jose State University and comes to us from CrossFit Moxie where she worked as both the office manager and athletic coach. She also served locally as a Community Health Associate with the nonprofit West Valley Community Services. Ashley is enthusiastic and experienced, and she is excited to help all the members in our ECHO community.

In her spare time Ashley enjoys staying active.

She is an avid traveler, a frequent competitor in CrossFit and running events, and a devoted foodie.

At ECHO, Ashley makes sure that our office runs smoothly. She is excited to join our growing community, and is ready to help you with membership updates, events, or to direct your HOA questions. Please welcome Ashley to ECHO when you call!

We congratulate Ashley, and we welcome your involvement with us.

January 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.

Condos, Townhomes and Homeowner Associations Member Price: Non-Member Price:

$29.00 $45.00

To make these a sustainable investment, new buyers, owners and board members need to understand “best practices basics” of how this form of housing works and have more realistic expectations of this form of “carefree, maintenance free” living.

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

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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.

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January 2015 | ECHO Journal

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directory updates

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

New Members Associate Landscaping 1019 Kenmore Ln. Santa Rosa, CA 95407 Contact: David Sternenberg Tel: (707) 579.2056

Malarkey Roofing Products P.O Box 17217 Portland OR 97217 Contact: Gabe Santos Tel: (831) 970.1205

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

Flores Painting & Drywall....................15

WHAT IS ECHO?

American Management Services........11 www.amspcam.com

M & C Association Management Services...........................2 www.mccommunities.com

Serving Homeowners to Build Strong Community Associations

A.S.A.P. Collection Services.................27 www.asapcollect.com

Mutual of Omaha Bank.......................12 www.mutualofomahabank.com

Association Reserves...........................22 www.reservestudy.com

Neighborhood Association Management.........................................12 www.neighborhoodam.com

ACE Property Management.................27 www.acepm.net

Benjamin Moore Paint & Company...23 www.benjaminmoore.com Berding|Weil .........................Back Cover www.berding-weil.com Collins Management............................22 www.collins-mgmt.com Compass Management Group............21 www.gocompass.com Cornerstone Community Management.........................................15 www.cornerstonemgt.biz Ekim Painting.......................................25 www.ekimpainting.com

Professional Gutter Service.................21 www.guttercleaning.com PML Management................................25 www.pmlmanagement.com Pollard Unlimited.................................11 www.pollardunlimited@comcast.net R.E. Broocker Co...................................23 www.rebroockerco.com Rebello’s Towing..................................13 www.rebellos.net Union Bank...........................................20 www.HOAbankers.com

Eugene Burger Management..............16 www.ebmc.com

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

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

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.

August2015 2013 || ECHO ECHOJournal Journal February 2014 January

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

Jan. 8, 11:45 a.m.

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

Denise Wolford 415-458-3537

Trees

Jan. 13, 11:45 a.m.

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

Ann Thomas 800-537-4098 ext.7530

Disaster Preparedness

Jan. 21, 11:45 a.m.

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

Pam Marsh 415-686-9342

Design Build Bid

Feb. 11, 11:45 a.m.

South Bay Resource Panel Buca Di Beppo 1875 S. Bascom Ave, Campbell

Rosalia Tapia, Esq. 408-369-0800, ext. 205

TBD

Feb. 13, 11:45 a.m.

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

Cindy Wall, PCAM 925-830-4580

TBD

Feb. 18, 11:45 a.m.

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

Pam Marsh 415-686-9342

Drought

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

Buca Di Beppo, Campbell

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.

June 2014 Steven S. Weil, Esq. David Kuivanen, AIA Beth Grimm, Esq. Robert Hall, Esq. Barrett R.P. Schaefer, Esq.

Central Coast Panel John Allanson 831-685-0101 East Bay Panel Beth Grimm, Esq. 925-746-7177 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

July 2014 Ken Kosloff, CSI, CCI Tim Polk Marilyn Lincoln Jeffrey S. Farnsworth, CCAM Paul W. Windust, Esq. August 2014 Bob Gourley Tyler P. Berding, JD, PhD Brian Seifert Steven Saarman Kenneth T. Carlisle September 2014 Matt J. Malone, Esq. Ann Rankin, Esq. Susan Oliver Samuel Anderson Bob Gourley Judy O’Shaughnessy Michael Petite 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 | ECHO Journal

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