ECHO JOURNAL DECEMBER 2024

CONSTRUCTION DEFECT CLAIMS

HOW TO RESOLVE DIFFERENCES WITHIN HOAs

LEGAL RESOURCE DIRECTORY

Understanding the SB-800 process

Conflict resolution ideas at little to no cost

Find qualified legal experts for your HOA

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8

Features 8

Handling Noncompliant Boards in Homeowners Associations

BY JEFFREY BEAUMONT

14

Construction Defect Claims: Understanding the SB-800 Process

BY RACHEL M. MILLER

22

How to Resolve Differences within HOAs (Part 3 of 3)

BY ALPA AGARWAL AND MARK T. GUITHUES

Happenings 6

7

14

Legal Resource Directory 4

DECEMBER 2024 | ECHO journal

BY DAVID ZEPPONI

2025 In-Person and Online Event Calendar

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Echo In-Person Events

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Echo 2024 Board of Directors Election Results

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Welcome to Echo’s New Professional Service Providers

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CEO’s Message: Gift Giving and Acceptance Policies for Associations

Echo Legislation Tracker: 2024 End of Session

BY NATHAN McGUIRE

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2024 Legal Resource Directory

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CEO’Sfrom ECHO news

MESSAGE

Gift Giving andRaison Acceptance Policies d’Etre – The Reason for Bo for Associations

What a beautiful phrase, raison d’etre (reason for being). It is a

Should HOAs consider giving gifts? This topic might be a bit late for the 2024 gift giving / year-end every board member should consider and collectively agree. season, but it’s not too late for you to consider a policy for the 2025 season. Gift giving can be a bit of a sticky wicket in HOAs, which emphasizes why engenders a policy would be a good The idea.words roll from one’s tong The phrase humanity.

stark business senses and adds the element of humanity to the

Gift Acceptance Policy: According toathe National Council planning, of Nonprofits, a gift acceptance policy board: Strategic execution and evaluation; mission is a best management practice for nonprofits.

This is especially true when the nonprofit accepts inmanagement. The business realities should be reflective of com kind gifts, gifts with “strings attached,” or large gifts to board members when they are reviewing or common values of individuals in the community. will review a contract for services.

Communities are imperfect – because they are made of humans.

Optics matter. HOA boards are political bodies. Humans As trusteesusing. with a Human constituency of homeowners, relating. living.

Basically, humans being accepting gifts of lavish dinners, ski excursions, or evencommunities a simple coffeehouse gift cardforget can create being human, sometimes that managem real or perceived ethical and political problems for the recipient. Here are a few thoughts on policies: establish norms for a successful community. In a sense, the b the community. Its purpose is to establish order and elevate o 1. Transparency is most important. and pace 2. Establish reasonable standards progress for gift value and type.by establishing norms and constraints to b to especially benefit all.

3. Consider reporting requirements, at open board meetings.

4. The motivation for the gift matters. Protect the association.

It seems apparent that board leadership must understand and 5. Perception is often reality and, unfortunately, some may jump to the wrong conclusion, owners in order to orchestrate a sense of community and gener whether it exists or not. and protect community Thecorporations purpose ofdo.a board, therefore 6. To reduce the risk of liability, consider a “no gifts” policy, as values. many large 7. Decide what the consequencesbuild of violations will be, ensure all board members and professional community based on common values for the good of all. service providers are aware of these policies, and fairly and rigorously enforce violations.

It takes time to orchestrate a community. It takes time to know y time to management listen to thepractice, voicesbut andgetting buildtoa avision reflective of comm A gift acceptance policy is considered a best meaningful and workable policy is often Formore this reason, it is highly andchallenging. you will be effective as a board member and satisfied recommended that an attorney be involved with thefor development and board. review your reason being on the of any policy.

ECHO is committed to helping homeowner boards and residents inga gift andreceiving advocacy – this is our “raison d’etre”.

Gift Giving Policy: The complement of policy is a gift giving policy. This is much easier. Generally, it is a nice gesture to give a simple gift of appreciation to contractors, employees, and perhaps individuals who

Sincerely,

Continued on page 28

ECHO CHIEF EXECUTIVE OFFICER

6

DECEMBER 2024 | ECHO journal

David Zepponi Executive Director

2025 IN-PERSON & ONLINE EVENT CALENDAR 2025 IN-PERSON & ONLINE EVENT CALENDAR LEGEND: * Online Event

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** In-Person Event

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** In-Person Event | Echo HOA University Course OCTOBER JANUARY LEGEND: * Online Event | MAY 1 The Echo Club at Rossmoor 6 San PabloMAY Bay Resource 14JANUARY Board Members Club* Board Members Club* 6 San Pablo Bay Resource Panel** (TECAR)** Panel** 16 14 Community Conversation* 16 Community Conversation* 7 South Bay Resource 2 Panel**East Bay Resource Panel** 7 South BayMAY Resource Panel** 21JANUARY Sacramento Resource Panel** Resource 8Resource Central Coast Panel** 7 Los Angeles Resource Panel** 8 Central Coast6 22 21 TheSacramento Echo Members Club at Rossmoor 14 Board Club* Panel** SanPanel** Pablo BayResource Resource Panel** 22 The Echo Club at Rossmoor (TECAR)** 8 8 Panel**Orange County Resource Community Conversation* 8 Community Conversation* (TECAR)** 16 Community Conversation* 7 South Bay Resource Panel** 8 Los Angeles 8 Resource Panel** 23 23 East BayBay Resource Panel** East Resource Panel** 8 Los Angeles 21 Sacramento Resource Panel** Central CoastResource ResourcePanel** Panel** 9 San Diego Resource Panel** 13 Board Members 28 22 LosLos Angeles Panel** 28 Angeles Resource Panel** 13 Board Members Club* The Echo Resource Club at Rossmoor (TECAR)** 8 Club*Community Conversation* 11 Panel** Southern California Educational Ask the Attorney: 29 29 Orange County Resource Orange County Resource 17 Ask the Attorney: Laws Other than the 23 East Bay Resource Panel**Panel** 17 8 Laws LosOther Angeles Resource Seminar** than the Davis-Stirling Act* Panel** 30 Educational Workshop: Good Governance Davis-Stirling Act* 28 Los Angeles Resource Panel** 13 Board Members Club* 14 Board Club* 30 29 Educational Workshop: Echo Connection - Greater Elections, Voting,Resource andGood Candidacy* 21 Echothe Connection - Greater South Bay* Orange County Panel** 21 17 Ask Attorney: Laws Other thanMembers the Educational Workshop: Good Governance Elections, Voting, Community Conversation* San Diego- Resource Panel** 30 Educational Workshop: Good Governance - South Bay* 29 Davis-Stirling Act* 16 andElections, Candidacy* Community Conversation* Voting, and Candidacy* 29 21 Echo Connection - Greater Governance South Bay* - Meetings and Best Practices* 30FEBRUARY San Diego Resource Panel** Community Conversation* 30 San Diego Resource Panel** 29 JUNE JUNE 21 Wine Ask the Experts About Insurance*Country Resource Panel** 11 Board Members Club* 4 4 Ask the Experts About FEBRUARY 22Educational NorthSeminar* Bay Resource Panel** 11 Wine Country Resource Panel** 7 FEBRUARY JUNE Northern California 11 12 Board Members Club* Panel** / San Francisco Insurance* 10 22 San Francisco Resource North Bay Resource Board Members Club* Ask the Experts About Insurance* 11 Board Members Club* 4 7 Northern California Educational 11 Wine CountryPanel** Resource Panel** Panel** Resource 14 Educational Workshop: Good Governance 11 Wine Country Resource Panel** 7 Northern California Educational Seminar* Seminar* 12 13 North Bay Resource Panel** 25 Ask the Attorney: Judicial Community Conversation* Leadership & Governance* 12 North Bay Resource Panel** / San Francisco 10 Board Members Club* 10 Board Members Club* 12 22 SanAsk Francisco Resource Interpretations Community the Attorney: 19 Resource Panel** Davis-Stirling Overview* 14 Educational Conversation* Workshop: Good Governance 14 Educational Workshop: Good Panel**

HOA Case Law* 25 San Pablo Bay Resource Panel** 13 Community Conversation* Leadership & Governance* Governance Leadership & 13 26 Community Conversation* 30 Community Conversation* South Resource Panel** Overview* Community Conversation* 22 Ask theBay Attorney: Davis-Stirling 19 JULY Governance* 22 27 AskCentral the Attorney: Davis-Stirling Coast 25 San Pablo BayResource ResourcePanel** Panel** Community Conversation* 10 Overview* NOVEMBER 19 Community Conversation* 26 South Bay Resource Panel** 31 Ask the Experts - Managing a Well-Maintained JULY 4 Board Members Club* 25 San Pablo Bay Resource 27 Central Coast Resource Panel** Community* MARCH Community Conversation* 10 4 San Pablo Bay Resource JULY Panel** Board 31 Ask the Experts - ManagingPanel** a Well-Maintained 10 Community Conversation* 26 11 South BayMembers ResourceClub* Panel** 13 Community Conversation* Community* MARCH AUGUST 5 South Bay Resource Panel** 31 Ask the Experts - Managing a 27 Central Coast Resource Panel** 19 Educational Workshop: 11 Board Members Club* Board Ethics (Part 1)* Well-Maintained 5 Community* Sacramento Resource 6 Panel** Central Coast Resource Panel** 20 Educational Conversation* Workshop: Board Ethics (Part 2)* 13 Community 6 The Echo Club at Rossmoor (TECAR)** Conversation* AUGUST 6 Community MARCH AskMembers the Experts - Construction & Maintenance* 19 Educational Workshop: Board Ethics (Part 1)* 7 East Bay Resource 15Panel** Northern California Educational AUGUST 11 26 Board Club* 5 Sacramento Resource Panel** Educational Workshop: Board Ethics 5(Part 2)* Sacramento 12 Board Members - Legislative Update** Resource Panel** 13 20 Community Conversation* 6 The Echo Club atClub* RossmoorSeminar (TECAR)** 26 Ask the Experts - Construction & Maintenance* 12 Los Angeles Resource Panel** 6 The Echo Club 19APRIL Educational Workshop: Board 7 at Rossmoor East Bay Resource Panel** 13 OrangeMembers CountyDECEMBER Resource Panel** 1 Sacramento (TECAR)** 12 Ethics (Part 1)* Resource Panel** Board Club* 14 Community 2 The EchoWorkshop: Club at Rossmoor 4 Panel** Community Conversation* 7 East Bay Resource Panel** 20APRIL Educational Board (TECAR)** 12 Los AngelesConversation* Resource 14 Club*San Diego Resource 31 East Bay2)* Resource Panel** 11 Panel** Educational Workshop: A 12 Board Members Ethics (Part 13 Orange County Resource Panel** Sacramento Resource Panel** Wine Country Resource Panel** 8 Board Members Strategic Approach to HOA 12 Los Angeles26 Resource Panel** 26 2 AskThe theEcho Experts - Construction 14 Community Conversation* Club atClub* Rossmoor (TECAR)** 27 North Bay Resource / San Francisco 9 Orange Resource Management* Orange County & Maintenance* 14 Resource San Diego ResourcePanel** Panel** 3 East BayCounty Resource Panel**Panel** 13 Resource Panel** 10 Educational Workshop: 26 Wine Country Resource Panel** 8 Board Members Club* Evaluating Your HOA Panel** Management Company* Community 27 Conversation* APRIL 9 North Bay Resource Panel** / San Francisco Orange County Resource Panel** 14 San Diego Resource Panel** 14 HOA San DiegoSEPTEMBER Resource Resource Panel** Panel** 1 10 Sacramento Resource Panel** Educational Workshop: Evaluating Your Wine Resource Wine Country3Resource Panel** 2 22 TheManagement EchoCountry Club atCompany* RossmoorPanel** 26 Echo Connection - East Bay* 23 North Bay Resource 27 North BaySEPTEMBER Resource Panel** (TECAR)** 6 Educational Workshop: HOA Financial Management 10 San Diego ResourcePanel** Panel**/ San Francisco Resource Panel** 27 San Francisco3 Resource 3 22 East Bay Country Resource Panel** Panel** Wine Resource & Reserves* Echo Connection - East Bay* 24 Community Conversation* 8 23 Board Members Club* Panel** / San Francisco Panel** North Bay Resource 9 Board Members Club* HOA Financial Management 6 Educational Workshop: 9 Orange County Resource Resource Panel** 9 San Pablo Bay Resource Panel** & Reserves* SEPTEMBER Panel** 24 Community Conversation* 10 South Resource Panel** 9 Board Bay Members Club* 3 Echo Connection East Bay* 10 Educational Workshop: 11 Central Coast Resource 9 San Pablo Bay ResourcePanel** Panel** 6 Educational 10 Workshop: HOABay Resource Evaluating Your HOA Download a PDF Here 18 Community Conversation* South Panel** Financial Management & Management Company* 30 Sacramento 11 Central CoastResource ResourcePanel** Panel** Reserves* 18 10 San Diego Resource Panel** Community Conversation* 22 Wine Country Resource Panel** 9 Board Members 30 Club*Sacramento Resource Panel** 23 North Bay Resource Panel** 9 Central Coast Resource Panel** 23 San Francisco Resource 10 South Bay Resource Panel** Panel** 11 San Pablo Bay Resource 24 Community Conversation* Panel** 18 Community Conversation* 30 Sacramento Resource Panel** ECHO journal | DECEMBER 2024

7

Handling Noncompliant Boards in Homeowners Associations

BY JEFFREY BEAUMONT 8

DECEMBER 2024 | ECHO journal

A

homeowners association is only as strong as its board of directors.

An HOA board is entrusted with managing and operating the HOA, and it owes its members the fiduciary duties to act in good faith and in the best interests of the corporation. When HOA boards fail to comply with their obligations and do not perform these duties, significant liability exposure arises, and great risks emerge. To mitigate the harms created by noncompliant HOA boards, it is incumbent upon the HOA’s membership, as well as the board itself, to utilize available processes and resources to resolve the noncompliance.

The first step in remedying a noncompliant HOA board is to create a written record reporting the noncompliance to the HOA board itself. HOA residents (as well as board

members) seeking to correct noncompliance must write to the HOA board, documenting what type of noncompliance is occurring and demanding that it be corrected. Sometimes, a written demand for compliance is enough. When it is not, the next step is to escalate the demand to the HOA’s legal counsel.

Involving the HOA’s legal counsel early puts them on notice of the board’s noncompliance, and it also triggers counsel’s ethical responsibility to bring these issues to the board’s attention and provide legal guidance. The HOA’s legal counsel may recommend to

the board that they take whatever action is necessary to come into compliance.

However, the board may reject or ignore the advice provided by counsel. This typically results in legal counsel writing back to the complaining member, stating that the board will not take further action on the complaints made. While it may appear to the complaining resident or complaining board member that they are out of luck, there are additional resources at their disposal to compel compliance.

The California Civil Code allows any HOA member to request

internal dispute resolution (IDR) or alternative dispute resolution (ADR) to resolve disputes, including bringing the board into compliance with their obligations and responsibilities. Typically, IDR will precede ADR, as it is a more informal mechanism for resolving disputes. Any HOA member can request IDR with the HOA, and the HOA is obligated to accept the member’s IDR request. IDR will be held between the requesting member and the HOA board, where the member must be afforded an opportunity to present their grievances to the Continued on page 10 ECHO journal | DECEMBER 2024

9

Handling Noncompliant Boards...

Continued from page 9

board. IDR is a great opportunity for a complaining member to directly address an HOA board, and oftentimes, IDR does result in a resolution. However, the board is not obligated to reach a resolution or compromise with the complaining member during an IDR. In that case, the parties can proceed with an ADR. An ADR is invoked with a “request for resolution” demand in which the complaining member requests that the HOA respond to its demand for an ADR within 30 days. Unlike in an IDR, an HOA is not obligated to accept a complaining member’s ADR request. However, if they reject it, the HOA can be liable for the complaining member’s attorneys’ fees should that member file a

lawsuit to resolve the dispute.

This is why, in many cases, HOA boards do accept ADR requests and would likely be advised by their legal counsel to do so.

Once a request for an ADR is accepted by the HOA, the parties have 90 days to complete the ADR. An ADR can be in the form of either mediation or arbitration. In either case, the complaining resident or the HOA board member making the ADR request is afforded the opportunity to present their findings regarding the board’s alleged noncompliance to a neutral factfinder. In mediation, the neutral mediator will attempt to find common ground and bring resolution between the parties. In arbitration, the factfinder (usually a retired judge) will issue a ruling on how the dispute should be

resolved. Regardless of what form of ADR is used, the process often compels HOA boards to come into compliance or compromise, especially since the HOA itself must pay half the costs of the ADR (skin in the game!).

When an ADR is unsuccessful, the complaining resident’s or board member’s final recourse is through litigation. In suits to enforce an HOA board’s compliance with either the HOA’s governing documents or the California Civil Code, attorneys’ fees are typically recoverable by the prevailing party. In a suit to compel an HOA board’s compliance with their obligations and responsibilities, the complaining party will prevail if a court (a judge or jury) finds that the board breached a legal duty and/or must take some action to

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come into compliance with the governing documents or the law.

Any lawsuit comes with risks, and there is no guarantee of success or an award of attorneys’ fees.

Nevertheless, the California Civil Code grants homeowners the ability to seek recourse against noncompliant HOA boards through litigation when other processes prove unsuccessful.

Members of an HOA who make complaints against their noncompliant boards do so of their own volition. HOA board members, however, are obligated to correct noncompliance when it occurs as part of their fiduciary responsibilities to the HOA and its members. Of course, the whole dispute between an HOA member and the HOA board rests on each party’s interpretation of whether noncompliance exists. If an HOA board member is aware of

noncompliance by the board and does not want to be complicit, the HOA board member must take steps to compel compliance, even if that means breaking from the board’s majority consensus.

HOA board members may follow all of the above-described steps that any member at large has at their disposal to compel the full board’s compliance. It is in a board member’s best interests, as well as the best interests of the community, to promote compliance using all available dispute resolution processes and resources.

Correcting an HOA board’s noncompliance can be a challenging process. However, legal mechanisms are available to any member to encourage or compel the board’s compliance with their legal and ethical responsibilities. Becoming

familiar with these tools can be a powerful way to deter a board’s failure to comply with their obligations and responsibilities, ultimately serving to protect the best interests of the HOA and the homeowners.

Jeffrey A. Beaumont, Esq., is the senior partner of Beaumont Tashjian, a fullservice community association law firm providing general counsel, litigation, and assessment collection services to its clients, with offices throughout California. Mr. Beaumont has been representing community associations for over 25 years and is involved in HOA industry organizations serving in a variety of volunteer leadership capacities such as faculty member, speaker, article author, magazine editor, and board of directors and committee chair, as well as on a legislative level at the California State Capitol.

ECHO journal | DECEMBER 2024

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Continued on page 14

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DECEMBER 2024 | ECHO journal

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Our firm believes there is no substitute for expertise. We have been representing HOAs exclusively since our founding in 1989. Our firm has developed a special expertise in the areas most important to Boards of Directors in their efforts to manage the affairs of their HOA: general

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CONSTRUCTION DEFECT CLAIMS Understanding the SB-800 Process

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DECEMBER 2024 | ECHO journal

T

here is one thing new homeowners associations can rely on in the first decade of a building or project completion: an SB-800 claim will be necessary. Budget season and the rainy season tend to highlight needs for financial stability, and it’s the builder’s insurance that can carry the weight of expenses and fixes resulting from common area construction defects.

With over 50,000 HOAs in the state of California alone, and with most new construction belonging to a common interest development like a homeowners association, the role of an HOA board director in navigating these claims is more important than ever.

Aside from fulfilling a long-awaited dream, most owners of new condos experience defects, from wall cracks and plumbing leaks to leaking doors, windows, and roofs causing extensive water damage. Most of these issues fall within common area building components for which the HOA board has a right to present claims to the builder and its insurance companies outside of litigation.

Fortunately, there is clear recourse that protects the interests of California associations and helps them secure the assistance needed for necessary repairs: construction defect liability laws. These laws are designed to protect homeowners from bearing the costs of repairing construction defects in newly built condos, and all defect claims are subject to SB-800. Senate Bill 800 (SB-800) establishes a pre-litigation process of presenting repair needs to the builder. California Civil Code Section 895 also defines 150 types of defects for which the developer is responsible, including a catchall.

Also known as the “Builder’s Right to Repair Law,” SB-800 allows for homeowners to demonstrate that the developer violated construction standards and therefore allows homeowners to shift the burden to the developer and its insurance to show they met those standards. It also prescribes the time frame in which associations have to bring construction defect-related claims. Depending on the affected building component, a claim must be brought within one, two, four, five, or ten years from the completion date of construction or when the builder relinquished control over the association.

So what should an HOA board director know about construction defect claims, and what are their responsibilities? Here are some key considerations for HOA board members:

1. The process specified by SB-800 is not a formal claim or litigation. The process is as follows: • A letter is written to the builder parties; • The builder(s) must respond in writing within 14 days, and; • Within 14 days of their response, the builder is invited for a visual inspection of the community to evaluate the common area conditions that warranted the notice of construction defects.

2. Board members should be on the lookout for signs of defects.

Board members and homeowners should look out for certain warning signs of defects, such as water leaks, rot, uneven floors, foundation cracks, flickering lights, frequent circuit breaker trips, and drainage issues. Other indicators include microbial growth, spongy decks, loose railings, corrosion, or efflorescence (a powdery white residue on concrete or stone surfaces). Noticing these issues early and addressing them promptly can prevent more extensive damage and ensure the community’s safety and integrity. Board members should also monitor the following: • Excessive service calls • Homeowner complaints • Excessive budget expenditures • Inadequate reserves • Shortened life expectancy / premature deterioration • Resultant damage of components of the structure 3. Board members should know their obligations as a board member.

California Civil Code Section 1365.7 makes it a fiduciary duty for each board member to investigate alleged construction defects and pursue them in a timely manner. It is therefore important for board members to become and stay informed of their obligations to their respective associations in navigating construction defect claims and what the association’s rights may be. In California, it is the responsibility of the HOA board of directors to investigate and, if a defect does exist, bring a builder claim within the time allotted under the law.

If the time limit expires, responsibility for potentially exorbitant repairs is shifted from the builder to the Continued on page 16

ECHO journal | DECEMBER 2024

15

• • • • • • • • • • • •

2 YEARS 5 YEARS

1 YEAR

• Plumbing and sewer • Corrosion of steel fences • Cracks in exterior hardscape, driveways, landscape, sidewalls, sidewalks, patios • Electrical

10 YEARS

• Noise (from original occupancy of adjacent unit) • Irrigation and drainage • Fit and finish warranty • Manufactured products

4 YEARS

SB-800 TIME LIMITS FOR SELECT BUILDING ELEMENTS

Air conditioning in living spaces Balconies and balcony systems Ceramic tile and tile backing Ceramic tile and tile countertops Decks and deck systems Doors Exterior stairs and stair systems Exterior stucco, siding, walls, framing, finishes, and fixtures Fire protection Foundation systems and slabs Foundations, load-bearing components, slabs, and underlying soils Landscape, paths, patios, irrigation systems, landscape systems, and drainage systems

• Decay of untreated wood posts • Landscaping systems

• Deterioration of building surfaces due to paint or stain

• Heating • Plumbing lines, sewer lines, and utility lines • Retaining and site walls, associated drainage systems • Roofing materials • Roofs, roofing systems, chimney caps, and ventilation • Shower and bath enclosures • Soils and engineered retaining walls • Structures • Windows, patio doors, deck doors, and related systems

Figure 1

association, threatening the association’s reserves and creating the possibility for costly special assessments on unit owners.

4. Time is of the essence, so important time limits need to be understood.

California Civil Code Section 941 defines the statute of limitations, or time limits, for which a homeowners association may bring a claim against the builder as “no more than 10 years after substantial completion of the improvement, but not later than the date of recordation of a valid notice of completion.”

While the outside time limit for building deficiencies is 10 years, shorter time limits exist for select building elements at one-, two-, four-, and fiveyear intervals (see figure 1).

5. Review covenants, conditions, and restrictions (CC&Rs).

The kind of defect claim filed will depend on the type of property ownership and what kind of dispute resolution is prescribed in the CC&Rs. Typically, when a condominium is purchased, the homeowner is responsible for components inside the air space, that is, “walls in.” The association, on the other hand, is responsible for the common areas of the building and community. The CC&Rs will inform the board on the division of ownership in a given complex and who is responsible for the repair and maintenance of those elements. This information is often summarized in a responsibility matrix typically located as an exhibit in the CC&Rs. The CC&Rs will also inform the board if the developer has opted to draft its own alternative Continued on page 18

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DECEMBER 2024 | ECHO journal

NORTHERN & SOUTHERN CALIFORNIA

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Jerod Marsalli, Esq.

Our paramount goal is helping Boards meet these obligations, particularly the investigation and timely pursuit of construction defect claims against negligent developers.

The attorneys at Garcia | Marsalli, LLP have successfully represented community associations and thousands of individuals in construction defect actions throughout California for over twenty years. We have a deep appreciation for the challenges faced by property managers and association boards, and we greatly respect the board’s primary and fundamental responsibility to protect, maintain and enhance the assets of the association. Our paramount goal is helping boards meet these obligations, particularly the investigation and timely pursuit of construction defect claims against negligent developers.

Evaluating a property for construction defects and poor workmanship requires professional expertise, and obtaining compensation or repairs from the

responsible parties through the legal process for any deficiencies requires knowledgeable, tenacious, and experienced legal guidance. We have spent decades representing homeowners and HOAs in complex litigation, for a diverse array of construction problems, ranging from improperly waterproofed balconies and roof leaks to severe soil subsidence (just to name a few). We also work with a variety of construction experts, and our staff will coordinate all required inspections for your community. Most importantly, we represent clients on a contingency-fee basis, with no out-of-pocket costs for our services.

We have recovered hundreds of millions of dollars for our clients, enabling them to undertake critical repairs and preserve the

“Thank you for all your efforts settling the construction defect lawsuit on our behalf.

You and your staff were ever so courteous but steadfast in your endeavors and we convey our heartfelt thanks... Thank you, and we will certainly refer your services to anyone in need!” – Jose & Cindy M. “Once again, thank you, your partners, and staff for doing a five-star job. I will recommend your firm to any family and friends who need legal representation.

THANK YOU ALL…You have exceeded my expectations.” – James K. Contact our office at the information below or scan the QR code to learn how we can assist your association.

3478 Buskirk Avenue, Suite 1000 Pleasant Hill, CA 94523 (888) 377-3633 jerod@garciamarsalli.com www.garciamarsalli.com ECHO journal | DECEMBER 2024

17

experienced firm to get the best possible representation for their most important asset.

Rachel Adams, CIC

INSURANCE MADE FOR YOUR HOA.

VP / Commercial Producer

707.525.4186 radams@gpins.com

www.gpins.com | Lic. #0603247

Construction Defect Claims: Understanding the SB-800 Process Continued from page 16

dispute resolution, the purpose of which is to allow the builder to not only notify them of the defect but also inspect and ultimately repair the issue. These documents can be difficult to analyze, which is why the board should consult legal counsel.

6. Consult qualified legal counsel.

Navigating a construction defect claim can be a complex and, if not handled carefully, difficult process for a board to deal with. From statute

of limitations analysis, to the investigation of building performance standards violations, to properly commencing the pre-litigation claims process, to analyzing the builder’s insurance policies, to guiding the community through the reconstruction and repair process, it is imperative for an HOA board of directors to turn to qualified legal counsel that specializes in the field of SB-800 and construction defect litigation. Boards can turn to their professional management company or reputable CID resources like Echo to locate an

Rachel M. Miller, Esq., has proudly practiced law with The Miller Law Firm for nearly 30 years in the primary and unique role of senior partner with a focus on client connection and providing immediate contact and communication to current and prospective clients, board members, and community association managers.

Rachel is co-author of a consumer handbook on the subject: Home and Condo Defects: A Consumer Guide to Faulty Construction (1st Edition 2001; 2nd Edition 2012; 3rd Edition 2022).

She is also the co-author of Handling Construction Defect Claims: Western States (3rd Edition, 1999; Annual Supplement, 2009–2012), and the 4th Edition published in 2013 by Wolters Kluwer Law & Business (Annual Supplement 2014–2024). Additionally, Rachel is the editor and moderator of various industry education courses as they relate to building performance standards.

November 16 Legislative Update & Educational Seminar Highlights

100+ board members attended the Echo Legislative Update Educational Seminar in Walnut Creek.

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DECEMBER 2024 | ECHO journal

The Corporate Transparency Act (CTA) requirements caught everyone’s attention.

Eager board members took time to look at vendor services in the sold-out exhibit hall

S TAT E W I D E

THE MILLER LAW FIRM The Best Representation for Your Most Important Asset

Put 40+ Years Experience on Your Side

Celebrating 40 years of practice, The Miller Law Firm continues to be California’s construction defect authority and leading resource for Bay Area homeowners, Boards of Directors, and community management.

We have dedicated the last four decades to representing California homeowners associations, protecting the rights and interests of urban, mid-rise, high-rise, and mixed-use associations with construction defect claims. We help communities rebuild their homes and restore their investments by skillfully guiding Boards of Directors in meeting their fiduciary duties, pursuing recoveries against builders’ insurance policies, and reconstructing communities statewide.

“Having a firm that literally wrote the book on construction defect claims, with current experience against the very same builder, was extremely beneficial to our community. The Miller Law Firm kept the board and our owners informed while the claim was pending.

That was important to us as a community and eased the burden on the board.”

– Peninsula HOA Board of Directors Request your free copy of the newly released 3rd edition of: Home and Condo Defects: A Consumer Guide to Faulty Construction, written to aid and assist homeowners, board members and HOA management companies in the SB 800 claims process.

Rachel M. Miller, Esq. 595 Pacific Ave., Fourth Floor San Francisco, CA 94133 415-437-1800 | 800-403-3332 rachel@constructiondefects.com constructiondefects.com ECHO journal | DECEMBER 2024

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Attend an Echo In-Person Event!

Don’t miss an opportunity to get the education you need – and the networking and connection you want. Register today!

Educational Seminars Learn from an acclaimed faculty delivering essential knowledge for HOA boards and homeowners.

• Ask your questions of on-site attorneys • Visit with industry experts at exhibit tables • Meet and connect with board members from neighboring communities See the 2025 Event Calendar (page 7) for the dates of upcoming Educational Seminars.

Click a button or use the link to sign up to receive information on Resource Panel meetings near you!

Resource Panel Meetings Come and reconnect with your peers and attend an upcoming Resource Panel in your region. These events are held in a casual atmosphere to enable homeowners, board members, managers, and other professionals to hear about important topics presented by experts in the HOA industry. Click a Resource Panel meeting location below to sign up to receive information.

SACRAMENTO ORGANIZED BY ECHO

bit.ly/SanFranciscoRP

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NORTH BAY

bit.ly/SanPabloBayRP

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Individual members will receive a one-time discounted annual membership rate of $75 ($95 without discount) if they are invited by another Echo member!

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DECEMBER 2024 | ECHO journal

bit.ly/southbayRP

Register Today to Attend a Resource Panel Meeting!

Wine Country Resource Panel Santa Rosa

North Bay Resource Panel Novato

Sacramento Resource Panel Roseville

The Echo Club at Rossmoor (TECAR) Walnut Creek

San Pablo Bay Resource Panel Benicia

East Bay Resource Panel San Ramon

San Francisco Resource Panel Northern California Educational Seminar

South Bay Resource Panel San Jose

Central Coast Resource Panel Santa Cruz County

Los Angeles Resource Panel Burbank

1/21

Sacramento Resource Panel 11:30 am – 1:30 pm

1/22

TECAR – The Echo Club at Rossmoor 9:30 am – 11:30 am

1/23

East Bay Resource Panel 11:30 am – 1:30 pm

1/28

Los Angeles Resource Panel 11:30 am – 1:30 pm

1/29

Orange County Resource Panel 11:30 am – 1:30 pm

1/30

San Diego Resource Panel 5:30 pm – 7:30 pm

2/11

Wine Country Resource Panel 11:30 am – 1:30 pm

2/12

North Bay Resource Panel 11:30 am – 1:30 pm

2/12

San Francisco Resource Panel 5:30 pm – 7:30 pm

2/25

San Pablo Bay Resource Panel 11:30 am – 1:30 pm

2/26

South Bay Resource Panel 11:30 am – 1:30 pm

2/27

Central Coast Resource Panel 11:30 am – 1:30 pm

Orange County Resource Panel Irvine

Southern California Educational Seminar Laguna Hills

San Diego Resource Panel San Diego ECHO journal | DECEMBER 2024

21

THREE PART SERIES

How to Resolve Differences Within HOAs PART 3 of 3

This is the third of a three-part series of articles outlining the roles and responsibilities of the volunteer board of directors in a homeowners association (HOA) community, the role of the homeowner, and processes for resolving differences that can arise between the two entities.

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BY ALPA AGARWAL AND MARK T. GUITHUES, ESQ.

V

olunteer HOA directors can make mistakes. They’re always well-intentioned, but their decisions may be uninformed, poorly determined or communicated, sometimes petty, and even potentially illegal. Many of these mistakes can be avoided through knowledge of roles and responsibilities; familiarity with governing documents; or simply good, honest, and respectful communication. This article series provides a look at the duties expected of directors and some of the tools available to resolve differences and conflict within HOAs.

The first article of this three-part series focused on the duties expected of directors and some of the tools available to resolve differences and conflict within HOAs. The second article focused on “pretrial” remedies available to homeowners. This third and final article in the series focuses on conflict resolution and various legal remedies.

Filing a Small Claims Court Action Although an attorney can help prepare arguments, in small claims court, homeowners get to face their board in front of a judge. The small claims judge can provide three types of remedies: 1) addressing a violation by the HOA of the Open Meeting Act (making the HOA notice and hold their meetings correctly); 2) addressing a violation of the elections process (making the HOA notice and hold their elections in accordance with California Civil Code and the governing documents); or 3) awarding money homeowners believe is owed to them by the HOA or by a neighbor. To prepare a winning case for violations of the Open Meeting Act, see Civil Code 4900 to 4955 and Civil Code 5000. For violations of the elections process, see Civil Code 5145. Small claims actions against the HOA are limited to $12,500; actions against (noncorporate) neighbors are limited to $6,500. Homeowners can fill out the online form, pay the fee, and get a trial date.

For example, in small claims court, homeowners can claim the cost to repair an HOA-responsible building component with the HOA’s continued and documented negligence. Or, if the HOA has levied improper or excessive fines, homeowners can ask a small claims judge to reverse them. If the HOA has held an election or meeting without complying with the notice requirements of its governing documents and the California Civil Code, a court may require a new meeting or election – and could award the homeowner $500 for their time and effort in bringing the claim. An alternative dispute resolution (ADR) is not required prior to filing a claim in small claims court. Small claims actions are not confidential, and homeowners can band together to file claims jointly, sharing the cost and/or the awarded amount.

Neither HOAs nor homeowners are allowed to hire an attorney to speak in front of the judge in a small claims action. HOAs can send non-lawyer representatives such as a manager, an employee, or a duly appointed or elected officer; homeowners are self-represented. If a small claims matter is appealed in superior court, homeowners and the board may then represent themselves or hire an attorney to represent them. Small claims court is a chance to resolve differences in court at a very modest cost.

ADR helps both sides zero in on the basis of the claim and review the supporting documents and other evidence...

Participating in Alternative Dispute Resolution

The California Civil Code requires that parties to a dispute over the HOA’s governing documents (other than assessment disputes) participate in ADR prior to filing a lawsuit in superior court. This is an out-of-court procedure that involves a neutral decision-maker, commonly a retired attorney or judge. There are two types of ADR: mediation and arbitration. Both can provide declaratory and monetary relief. With either, the HOA and homeowners share the costs of hiring the neutral decision-maker. Both the HOA and/or homeowners can hire an attorney for representation, in which case each party would pay their own attorney costs.

Requesting ADR signals a willingness to file a lawsuit in superior court. It is a low-cost trial run of the legal validity of a case. It helps both sides zero in on the basis of the claim and review the supporting documents and other evidence, such as the credibility or scope of a witness’s testimony. If a case is found to be without basis during an ADR, it is a good signal that the case will be lost in superior court. Although the HOA is not legally obligated to accept a request for an ADR, failing to do so may make the HOA responsible for homeowner legal fees if the matter proceeds to superior court – and so HOAs generally will accept the request.

Homeowners can also band together to engage in an ADR and share the cost. Unless they have signed a confidentiality agreement, homeowners are able to talk to neighbors about the mediation and/or arbitration itself and its outcome. California Civil Continued on page 24 ECHO journal | DECEMBER 2024

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How to Resolve Differences Within HOAs Continued from page 23

Code §§ 5925 through 5985 has more information on this.

The following are the steps when requesting ADR: 1. Homeowners should send a certified letter and email to the management company or board president requesting ADR pursuant to California Civil Code 5930.

A copy of Civil Code Section 5900 should be attached.

Details about the dispute, the ask, and the names of three local neutral decisionmakers should be provided for the board to choose from.

2. If the board counters with its own list of neutral decision-makers, homeowners may choose a person from the board’s list based on the decisionmaker’s qualifications. The homeowner’s attorney can help select a neutral decision-maker with experience in the subject matter of the claim.

works to assist the parties to sort through the issues and develop methods or ideas for a mutually agreeable resolution. In order to develop recommendations for a settlement, the mediator may conduct joint and separate meetings with the parties.

Generally, the parties sign a confidentiality agreement that the information disclosed by them cannot be given to the other party or used in court without the permission of the party making the disclosure. Neither party is obligated to accept a mediated solution, and either party can leave the mediation at any time.

If the parties are cooperative and compromising, mediation generally tends to result in successful outcomes for both parties. If so, the final step is to sign a settlement agreement.

Pro Tip Regarding Mediation: A written settlement agreement, signed by all the parties, that is not in conflict with the California Civil Code or the HOA’s governing documents, binds the parties and is judicially enforceable.

More About Mediation

Arbitration

Mediation is non-adversarial in nature and works best when both parties act to resolve the matter in good faith. A mediator

Arbitration is a private trial where the arbitrator makes a decision after reviewing evidence, hearing sworn testimony, and

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taking into account relevant documentation. Unlike mediation, where the goal is to find a happy compromise, arbitration results in a winner and a loser.

Arbitration can be either binding or nonbinding. If it is binding, the arbitrator’s decision must be complied with by all parties; it ends the dispute, and its resolution can be enforced contractually in superior court. If it is nonbinding, the decision can be seen as a very good predictor of the likely outcome in a superior court trial.

Pro Tip Regarding Arbitration: Homeowners should consider agreeing to binding arbitration as a means to end the dispute without going to a superior court trial.

When to Reconsider Hiring an Attorney With the obligation to share the cost with the HOA of hiring a neutral decision-maker during an ADR, homeowners may want to consider hiring an attorney.

An attorney will analyze the legal validity of the case, create talking points, represent the homeowner(s) during the ADR, and counter the HOA’s legal posture. Many homeowners focus on their emotions or something they read on the web and miss the true HOA wrongdoing. Having an attorney avoids loss of an ADR because of a lack of knowledge of the relevant laws and legal precedence and procedures.

Superior Court Lawsuit Following an ADR, the next option is filing a lawsuit in superior court. Superior court action can provide relief that provides a monetary award to Continued on page 26

COMMUNITY LEGAL ADVISORS, INC. Community Legal Advisors provides guidance to HOA board of directors, helping them to navigate the complex legal landscape surrounding homeowner association law. an action they are about to undertake is consistent with the association’s governing documents and California law.

Our general counsel work encompasses the following: • Architectural Matters • Alternative Dispute Resolution (ADR) and Informal Dispute Resolution (IDR) • Board Resolutions • Corporate Matters • Contract Preparation and Review • Elections and Recalls • Enforcement of CC&Rs and Rules • Legal Opinions Call or email us today to learn how we can successfully serve your community.

Our Commitment: To provide the highest quality assistance, service and representation using the diverse and extensive background experience of our legal team.

Community Legal Advisors provides legal services to homeowners associations throughout San Diego, Orange County, and the Inland and Coachella Valleys.

Members of our legal team have served as association managers, created residential and commercial community associations on behalf of developers, negotiated terms and conditions of CC&Rs with the California Department of Real Estate, advised the State Legislature regarding the new legislation, taught industry education courses, advised community associations in their daily operations

and litigated conflicts between associations and their vendors, insurers and members.

We provide guidance to HOA board of directors helping them to navigate the complex legal landscape surrounding homeowner association law.

The proverbial “ounce of prevention” can save hundreds of thousands of dollars of “cure.” We so completely believe this, that we have implemented a policy of free telephone calls for clients who enter a retainer agreement with our firm. We want our clients to “make a quick call” to confirm that

“We wanted to thank you so much for how you handled our case. We were both very impressed with your demeanor, tactics and execution.

Suffice it to say, we are really, really pleased.”

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SAN DIEGO • ORANGE COUNTY • PALM DESERT

LEGAL SHOWCASE ADVERTORIAL

How to Resolve Differences in HOAs Continued from page 24

the prevailing party, or it can provide declaratory or injunctive relief, which upholds the rights of the winning party, restrains a party from doing certain acts, and requires a party to act in a certain way. Attorneys will craft a complaint that describes the wrongdoing and asks the superior court to rule in favor of their client(s). Conflicts that proceed

to superior court are generally subject to “prevailing party fees.”

This means that the loser pays both their own attorney’s fees and those of the opposition. This high-stakes game often creates fee-driven disputes that dwarf the value of the underlying dispute.

Homeowners are encouraged to make effective and efficient use of the tools herein to avoid this step when possible.

Conclusion Volunteer directors can make mistakes. Their decisions can be petty, poorly determined, and sometimes even illegal. This three-part series of articles has provided an overview of what to expect from directors, and all the tools available to homeowners to resolve differences and disputes in HOAs. Use of these tools gives HOA homeowners and boards a greater possibility of success in resolving differences and disputes amicably.

Alpa Agarwal is a product line manager at the U.S. Department of Veterans Affairs and has worked at Microsoft, eBay, Intuit, and American Express in various technology roles.

She is a legislative advisor to Echo and serves as a director for her HOA. She has an MBA and an undergraduate degree in economics.

You’re not alone.

Join Echo’s Exclusive Board Members Club.

• Open to current or recent HOA board members only • Opportunities to meet other board members • Share ideas and information • Learn peer to peer

It’s included with your Echo membership!

Sign Up for the Board Members Club Here

https://bit.ly/ECHO-BMC 26

DECEMBER 2024 | ECHO journal

Mark T. Guithues, Esq., is the founding attorney of Community Legal Advisors Inc., a six-attorney law firm providing general counsel and assessment collection services to homeowners associations throughout Southern California. Mark serves on the board of directors of Echo.

HUGHES GILL COCHRANE TINETTI, PC Your HOA’s Best Choice for Superior Legal Representation every dollar to which their clients are entitled. And they don’t stop there – maximizing recovery is only the beginning. They offer extensive postrecovery services which maximize the economic benefit of the recovery. They are there from start to finish, every step of the way, to ensure a complete, cohesive and comprehensive handling of every construction defect and reconstruction scenario.

About HGCT

Whatever the project, HGCT brings a collaborative, friendly approach their clients find refreshing and rewarding.

Hughes Gill Cochrane Tinetti, PC (HGCT) provides effective, affordable legal representation to community associations throughout Northern California. It’s all they do. And they do it with experience and insight, creating smart, strategic solutions that meet the complex and varied needs of common interest developments.

They handle both general representation and litigation matters for condominium projects, planned developments, and commercial common interest developments of all sizes and are experts in the unique issues facing senior housing communities, coops, timeshares, urban in-fill projects, and high-rise developments.

Hundreds of homeowner associations and community association managers trust HGCT to expertly handle their legal needs. Whatever the project, they bring a collaborative, friendly approach their clients find refreshing and rewarding.

Service Specialties

HGCT attorneys have extensive experience in all facets of common interest development law and litigation.

They’ve developed a balanced practice capable of serving the complete legal needs of community associations.

HOA Governance & Transactions HGCT provides comprehensive general legal services for community associations and are experienced in every aspect of operations, governance, maintenance, and financing. Their attorneys are fully conversant with all issues related to California’s DavisStirling Act, governing documents, statutory requirements, and best practices.

Construction Defects

Maximizing recovery is the key to a successful construction defect claim.

They pursue every possibility, discover every problem, and fight to obtain

Headquartered in Walnut Creek, HGCT is a California law firm, with Bay Area roots, and strong local relationships. They focus exclusively on clients in the greater Northern California area and each of their attorneys is a recognized expert in community association law. They have more than a dozen attorneys who combine for more than 250 years of collective practice experience representing this specialized area. Their attorneys regularly serve as featured speakers at industry educational programs at the local, state and national level and author articles and reference materials to assist community associations in meeting their extensive and complex legal obligations.

Whether you’re a board member, community association manager, or commercial property owner, HGCT is the only law firm you need.

1350 Treat Blvd., Suite 550 Walnut Creek, CA 94597 (925) 926-1200 | hughes-gill.com ECHO journal | DECEMBER 2024

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NORTHERN CALIFORNIA

LEGAL SHOWCASE ADVERTORIAL

CEO’s Message Continued from page 6

have particularly helped the association. Avoid giving gifts to board members altogether, and, when given, gifts should be of nominal value. There may be some exceptions, so this policy should be developed with the help and oversight of an attorney.

A few items to consider when creating a gift giving policy: 1. Gifts should be given to reinforce appreciation for an action, behavior, or commitment. It should be given freely, without strings, and with gratitude to underscore a job well done, or simply to underscore the value placed on the relationship.

2. Consider the unintended consequences. a. What are the implications for those who are not receiving the gift? b. Is the association creating an expectation? c. Is the gift value/type worthy of the action/efforts of the person? d. Will a gift demotivate? Is the gift too much or too chintzy?

3. Be transparent but smart. The topic of gift giving may be an item better suited for an executive session dealing with personnel or a contractor.

4. Make sure any policy is reviewed carefully by an attorney to ensure a good and smart policy.

Somewhere along the way, gift giving became difficult as people looked closer at the motivations for the gifts and the value of them.

Expectations were established, and some gifts have become quite lavish; however, most are meaningful acts of appreciation. The impact of a gift is sometimes perceived inappropriately, and the gift may have demotivating consequences. But overall, showing appreciation to contractors, employees, and others who support the association with either extraordinary work or a lifetime of consistently good work is an important part of good management.

Outside of regular demonstrations of appreciation for good work, a board should consider generating a gift policy – for both receiving and giving gifts. Because giving gifts can have unintended consequences, it is important for a board to follow a policy. This policy can give them the needed consistency of implementation and help avoid transgressions and appearances that may be construed as self-serving.

A final thought: Gift giving is good and can build stronger relationships and convey a sense of humanity and goodwill toward those with whom the board works. It is always appropriate and kind to express sincere appreciation with a gift – its also simply good business.

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Echo 2024 Board of Directors Election Results Echo is pleased to have received applications from a total of six individuals interested in serving on the Echo board of directors, including three new applicants and three incumbents. David Hughes, long-time director and past board president, has decided not to run for another term. He is now an Echo director emeritus.

Per the Echo bylaws, the board of directors has set the number of directors at 13. There were five qualified candidates for the five positions available, with one of the six applicants withdrawing.

Accordingly, the election is uncontested, and the five candidates will be elected to the board by acclamation, pursuant to the Echo bylaws.

Please join us in welcoming the following directors to the class of 2025–2028: • John Gill, Esq. (incumbent), Northern California • Mark Guithues, Esq. (incumbent), Southern California • Nathan McGuire, Esq. (incumbent), Central California • Ali Nekumanesh (HOA community member), Central California • Louis Sarmiento, Esq., Northern California

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Our clients agree, describing us as “outstanding in client service, value for money, transparency, and working together.” (Chambers USA)

We focus on service excellence and client success in everything we do – and look for opportunities to go above and beyond.

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Nixon Peabody is a full-service law firm with 15 locations and 600 attorneys throughout the United States and in international markets.

We combine high performance, entrepreneurial spirit, deep engagement, and an unwavering commitment to a culture of collaboration, diversity, and humanity.

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Through actions and behaviors, we build and preserve trust. The result: strong, long-lasting relationships with our clients and colleagues.

Our diverse platform offers clients the right combination of local resources and cross-border experience. We deliver sophisticated legal services to our clients and

our communities by combining high performance, entrepreneurial spirit, deep engagement, and an unwavering commitment to a culture of collaboration, diversity, and humanity. We have the right team for any organizational issue and staff each matter strategically to save our clients’ money and time. We cover every angle of a transaction or dispute – from issues involving real estate, IP, securities, antitrust, employee benefits, tax, labor, and corporate governance to environmental, export compliance, and other regulatory areas.

Our clients need and expect sophisticated legal counsel. We work efficiently, resolve disputes creatively, solve problems swiftly, and offer innovative alternative fee and project

A. Jeanne Grove is a real estate attorney with nearly 20 years of experience in both litigation and transactions.

Jeanne represents homeowner associations (HOAs), real estate brokers/agents, developers, private lenders, property owners, and business owners.

1 Embarcadero Center 32nd Floor San Francisco, CA 94111 415.984.8200 | nixonpeabody.com ECHO journal | DECEMBER 2024

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WELCOME TO ECHO’S

New Professional Service Providers

We are an HOA financial management organization. Our commitment is to provide operationally streamlined financial services while meeting all required checks and balances.

Our driving force is a deep-seated passion for doing what is right; especially when no one is watching.

The financial health of your HOA is paramount.

Accurate and ethical conduct is at the heart of our service.”

Carolina F. Ramos CEO (650) 448-3968 carolina@avenuesmgt.com www.avenuesmgt.com

Brown & Brown Insurance provides the personalized service of a local agency and the peace-of-mind that is expected from a top insurance brokerage. We have become a leading insurance partner because we view insurance differently and utilize our vast experience and wide-reaching network. By leveraging our experience, carrier relationships, and customercentric focus, we deliver superior service and solutions to our customers, both big and small, across many lines of insurance, including property & casualty, employee benefits, personal lines, and surety bonds. Licensed in CA. Kristina Wexler Client Services Coordinator (503) 219-3245 kristina.wexler@bbrown.com bbrown.com/us/ 30

DECEMBER 2024 | ECHO journal

BluSky is the leading expert in the industry when it comes to multi-housing restoration, renovation, roofing, and environmental services. We are the most innovative restoration company in the nation with our inside estimating team that ensures costs are competitive and consistent, our inside roofing division, and our 360 partnerships to ensure flawless communication process from start through completion. The faster a restoration company responds to your disaster, the sooner your people are safer and the better chance you have of preventing further property damage.

We’re available when you call our 24/7/365 emergency dispatch line at 800.266.5677.

We Fix Broken Buildings.

Visit our website for all locations nationwide to better serve your communities.

Noelle Airey BluSky Restoration Contractors (925) 440-2074 noelle.airey@goblusky.com goblusky.com

OMISSION CORRECTION

The Hignell Companies HOA Management & Consulting/Accounting Federico Martinez Jr f.martinez@hignell.com 530-894-0404 HignellHOA.com

COMMITTED TO DOING THE JOB RIGHT! At Flowing Water Plumbing & Drain, our mission is clear: to provide exceptional plumbing services that surpass all expectations. We believe that every plumbing project, whether it’s a minor repair or a major installation, should be handled with professionalism, transparency, and care.

Our commitment to excellence drives us to deliver industry-leading services, that exceed your expectations, and ensure the job gets done correctly. Our mission is to make your plumbing issues our own, ensuring you have a reliable partner to address all your plumbing needs – from fixing leaky faucets or pipes to replacing entire sewer systems. We understand that plumbing problems can be frustrating & disruptive, that’s why we’re dedicated to evaluating and fixing them quickly, efficiently, and with a level of service that leaves you satisfied.

What Sets Us Apart • Experienced Professionals • Timely and Punctual • Transparent Pricing • Emergency Services

We strive to make elections easy for HOAs, managers, and homeowners. Starting with online onboarding, eliminating the need for mailing or faxing contracts, and simplifying pricing that avoids extra charges for mailings, materials, and stationery.

As experienced inspectors of elections, we have more than 20 years of experience as an HOA board member and officer, and 30+ years’ experience as a homeowner and investors in multiple HOAs, and we manage elections across the state, from San Diego and Los Angeles to the Bay Area and Sacramento.

We provide affordable election options and help communities avoid costly and aggravating issues by soliciting board candidates, validating qualifications, issuing ballots, and performing fraud prevention.

Contact us by email, phone, or online form, and receive a response and pricing within 24 hours.

Serving: Contra Costa, Alameda and Santa Clara Counties Markelle Rodriguez CEO (925) 255-6333 markelle@flowingwater.net flowingwater.net

The HOA Election Team provides simple, secure, and trusted HOA election services that meet California’s stringent election rules for associations and communities.

Dan Breedan General Manager (831) 316-3115 admin@hoaelectionteam.com hoaelectionteam.com

Support the Professionals That Support Echo!

Check out the Professional Service Provider Online Directory. It is easy to navigate and user friendly.

This Professional Directory is a onestop shop that provides access to 250+ HOA industry experts!

www.echo-ca.org ECHO journal | DECEMBER 2024

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ECHO LEGISLATION TRACKER

2024 End of Session

BY NATHAN McGUIRE, ESQ.

The 2023-2024 legislative session in California has concluded. After returning from recess on August 5, legislators worked feverishly right up until the August 31 deadline to pass bills. Governor Newsom had until September 30 to sign or veto bills.

Democrats held majorities in both the Assembly (62-18) and Senate (32-8), making California one of 17 states with a government trifecta. The legislature’s priorities included housing, climate change, economic investment, big oil industries, the opioid crisis, healthcare, systemic racism, and public transportation. Over 2,000 bills were introduced in the second half of the session (2024), of which around 1,200 made it to Governor Newsom’s desk.

He signed 1,017 into law and vetoed 189. Except for those passed as an “urgency” measure, those that he signed will take effect on January 1, 2025.

Overall, it was a great year for HOAs, highlighted

by AB-2149, which finally brings the option of electronic voting to HOAs. And unlike many recent years, we are not struggling to determine how to cope with any misguided bills that override governing documents or add overly burdensome or unnecessarily costly mandates. In the future, I wouldn’t be surprised to see bills addressing Open Meeting Act issues (the LNSU case), affordable housing (no more ADU bills, please!), the insurance crisis, structural integrity, and mandatory reserves.

On the federal side, two bills related to the Corporate Transparency Act (CTA) are pending, but likely going nowhere. One would exempt HOAs from the CTA and the other would push back the filing deadline.

As a reminder, please visit the advocacy section on the Echo website (www.echo-ca.org/echolegislation-tracker/) for updates as they become available.

NEW BILLS (PASSED)

AB-2114 (IRWIN), INSPECTION OF ELEVATED STRUCTURES: This bill amends the law (SB-326) to add “licensed civil engineers” to the list of professionals authorized to conduct inspections of 32

DECEMBER 2024 | ECHO journal

exterior elevated elements in a condominium project for which an association has maintenance or repair responsibility. Existing law requires the inspection to be conducted by a licensed structural engineer or architect. These inspections must be completed by January 1, 2025, and every nine years thereafter.

OUTCOME: We expected this bill, as an “urgency” measure with no opposition, to move quickly. We were right. It passed out of the Senate and Assembly and was signed by the governor on July 15, 2024, taking effect immediately.

AB-2159 (MAIENSCHEIN), ELECTIONS: This bill authorizes an association to conduct most types of elections under the Davis-Stirling Act by electronic secret ballot. In order to have the option of using electronic voting, an association will first need to amend their election rules to authorize the use of electronic voting and either: 1. Establish electronic voting as the default, and allow members to “opt-out” in order to receive a paper ballot, OR 2. Establish paper ballots as the default and allow members to “opt-in” to receive an electronic ballot.

Additionally, the bill requires an association that conducts an election by electronic secret ballot to ensure, among other things, that the electronic secret ballots provide a method to authenticate the member’s identity to the online voting system and a method for the member to confirm that their electronic device can successfully communicate with the online voting system at least 30 days before the voting deadline. The online voting system must be able to authenticate the member’s identity, authenticate the validity of each electronic vote, and transmit a receipt to a member who casts an electronic vote.

An electronic secret ballot is effective when transmitted and is not revocable once transmitted.

Electronic voting may not be used for levying regular or special assessment increases. The tally sheet of votes cast by electronic secret ballot must remain in the custody of the inspector of elections and be made available for inspection or review by an association member upon request.

OUTCOME: This bill was signed by the governor and takes effect on January 1, 2025.

WHAT YOU NEED TO KNOW: Associations wishing to be able to use electronic voting must amend their election rules and decide whether to use electronic voting as the default. Gathering and maintaining email lists will be even more important now to ensure that all members have the opportunity to vote. Also, each HOA using electronic balloting should check with their inspector of elections to ensure that the inspector offers this service.

AB-2460 (TA), ELECTIONS/QUORUM: This cleanup bill (to last year’s AB-1458) corrects some terminology and clarifies the process of a reduced quorum “reconvened” meeting for director elections, at which the quorum is reduced to 20% of the members. This bill does not apply if the association already has a lower quorum or reduced quorum threshold.

OUTCOME: This bill was signed by the governor and takes effect on January 1, 2025.

WHAT YOU NEED TO KNOW: This bill will help associations move essential membership decisions forward when a vote would not otherwise be valid due to a lack of quorum. For example, if an association has a 50% quorum requirement, and only 30% of the eligible members vote, then the issue cannot be decided due to a lack of quorum. After the first such vote, the state now, through AB-2460, reduces the quorum to 20%, allowing the question to be validly resolved.

SB-477 (HOUSING COMMITTEE), ACCESSORY DWELLING UNITS: Existing law provides for the creation by local ordinance (or by ministerial approval if a local agency has not adopted an ordinance) of accessory dwelling units in areas zoned for single-family or multifamily dwelling residential use in accordance with specified standards and conditions. Existing law also provides for the creation of junior accessory dwelling units

by local ordinance or (if a local agency has not adopted an ordinance) by ministerial approval in single-family residential zones in accordance with specified standards and conditions. This bill made non-substantive changes and reorganized various provisions relating to the creation and regulation of accessory dwelling units and junior accessory dwelling units (including the provisions described above) and included related non-substantive conforming changes.

OUTCOME: This bill, first introduced in 2023, was signed into law by the governor on March 25, 2024. As an urgency measure, it became effective immediately.

SB-900 (UMBERG), REPAIR AND MAINTENANCE: This bill makes associations responsible for repairs and replacements to restore interruptions to gas, heat, water, or electrical services that begin in the common area, even if the matter extends into another area, as specified. These repairs or replacements must commence within 14 days. The bill permits financing or levying an emergency assessment, without member approval, for needed repairs if insufficient reserve funds are available.

Finally, the bill amends the definition of “major components” (for an association’s reserves) to include “gas, water, and electrical service to the extent the association is required to repair or replace these components.”

OUTCOME: This bill was signed by the governor and takes effect on January 1, 2025.

PRIOR LEGISLATION

SB-326 (HILL), BALCONY INSPECTIONS: This bill, passed in 2019, requires condominium associations to inspect certain elevated structures (like decks and balconies) every nine years. It is mentioned here because the deadline for the first inspection is rapidly approaching – January 1, 2025. It applies to load-bearing components (six feet above ground, supported entirely or substantially by wood) and associated waterproofing systems.

SB-428 (BLAKESPEAR), WORKPLACE VIOLENCE RESTRAINING ORDERS: This bill was passed last year but takes effect in 2025. Existing law permits workplace violence restraining orders to be obtained for “unlawful violence or a credible Continued on page 34 ECHO journal | DECEMBER 2024

33

Echo Legislation Tracker Continued from page 33

threat of violence.” Starting January 1, 2025, a workplace violence restraining order can additionally be obtained for “harassment.” Harassment will be defined as “a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress.”

WHAT YOU NEED TO KNOW: This will give associations more options when it comes to protecting directors, employees, volunteers, etc., from harassment.

FAILED

We tracked a number of bills this year that didn’t make the cut. They are mentioned here because, like zombies, bills can rise from the dead and be reintroduced.

AB-2149 (CONNOLLY), GATES STANDARDS/ INSPECTION: This bill would require a regulated gate (defined as any gate that weighs more than 50 pounds and is more than 48 inches wide or more than 84 inches high), including neighborhood/ HOA gates, to meet certain standards. The bill would require each building department to update, on or before July 1, 2026, its code requirements to ensure that any newly installed regulated gate in its jurisdiction meets those standards. The bill would require the owner of a regulated gate to have it inspected on or before July 1, 2026, or upon installation, and have it reinspected at least once every 10 years thereafter. The bill would require an owner to maintain a written report regarding the regulated gate’s compliance with the specified requirements for at least 10 years and make the report available to the building department upon request. The bill would require the owner of a regulated gate that is determined to pose an immediate threat to safety to immediately stop the use of the gate until necessary repairs are completed and to engage a contractor or qualified employee to perform the repairs necessary to mitigate the emergency condition. The bill would authorize civil and criminal penalties for violations.

OUTCOME: This bill is dead. After being amended on July 3, 2024, the bill was sent to the suspense file for the fiscal impact to be considered, where it was held under submission.

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DECEMBER 2024 | ECHO journal

AB-2996 (ALVAREZ), INSURANCE/FAIR PLAN: The California FAIR Plan Association is a joint reinsurance association in which all insurers licensed to write basic property insurance participate in administering a program for the equitable apportionment of basic property insurance for persons who are unable to obtain that coverage through normal channels.

Existing law establishes the California Infrastructure and Economic Development Bank and authorizes it to issue bonds upon request by a state entity. This bill would authorize the FAIR Plan Association to request the California Infrastructure and Economic Development Bank to issue bonds and would authorize the bank to issue those bonds. This bill is an urgency measure which, if passed, would take effect immediately.

OUTCOME: This bill is dead. It did not move from the suspense file.

SB-1055 (MIN), ACCESSORY DWELLING UNITS: This bill would prohibit a qualifying local agency from imposing height limitations that would prohibit an attached accessory dwelling unit from attaining a height of 16 feet, as specified. The bill would define “qualifying local agency” as a local agency that the Department of Housing and Community Development has determined that the number of housing units that have been entitled by the local agency (as shown on its most recent annual progress report) is greater than the local agency’s share of the regional housing need, for the low- and very low-income categories, prorated for that annual reporting period.

OUTCOME: This bill is dead. The bill was set for a March 19, 2024, hearing in the Senate Housing Committee, but the hearing was cancelled at the author’s request and was never rescheduled.

SB-1212 (SKINNER), HOUSING INVESTMENTS: This bill would prohibit an investment entity, as defined, from purchasing or acquiring an interest, as defined, in a single-family dwelling or other dwelling that consists of one or two residential units within this state. The bill would provide that a purchase or acquisition of an interest in housing in violation of this prohibition is void. The bill would define “investment entity” as a real estate investment trust or an entity that manages funds pooled from investors and owes a fiduciary duty to those investors. The bill would exempt nonprofit organizations, entities primarily engaged in the construction of housing, and governmental entities from the definition of “investment entity.” The bill

would absolve a seller of housing from liability under these provisions if the seller obtained a written release signed by the buyer stating that the buyer was not an investment entity.

OUTCOME: This bill is dead. It was referred to the Senate Housing Committee and was set for a hearing on April 30, 2024. The hearing was cancelled at the request of the author and was never rescheduled.

INSIGHT: This was going to be a hotly contested bill, with plenty of support and opposition lining up. The author points out that the share of adults who own their own home in California is 15 percentage points lower than in the rest of the country. A significant decline occurred during the Great Recession, when thousands of California homes were acquired by large corporations and investment firms. Some predict that by 2030, Wall Street will control 40% of the single-family home rental market nationwide.

SB-1470 (GLAZER), CONSTRUCTION DEFECT CASES: Existing law sets forth standards for determining liability in an action seeking the recovery of damages arising out of, or related to, deficiencies in residential construction, design, and related issues, and specifies the characteristics of those deficiencies. This bill would require a deficiency in the specific standards described above to materially affect the habitability or usefulness of the residential dwelling unit and to be a result of a failure to meet the standard of care for the builder to be liable, as specified. The bill would define “standard of care” as the level of care that is standard in an industry for similar work performed in the state. This bill would provide for the participation of a special inspector in the inspection and approval of repair work performed pursuant to these procedures and require the builder to obtain and pay for a building permit to perform such work. The bill would instead authorize a builder to obtain a release or waiver upon completion of repair work. This bill would require a local permitting authority to issue a building permit for these purposes within 30 days of receipt of an application for a permit, thereby creating a state-mandated local program. The bill would provide that a claimant’s rejection of an offer to repair is not inadmissible in an enforcement action.

OUTCOME: This bill is dead. A hearing before the Senate Judiciary Committee was scheduled for April 23, 2024, but was cancelled at the request of the author and never rescheduled.

FEDERAL LEGISLATION H.R. 9045 (MCCORMICK), CORPORATE TRANSPARENCY ACT: This federal bill would exempt entities like HOAs (and any entity subject to taxation under IRS Code Section 528) from the requirements of the Corporate Transparency Act. The Corporate Transparency Act, enacted in 2021, requires reporting of certain information to the Financial Crimes Enforcement Network. For HOAs, this would mean directors and officers would be required to provide information (including birth date, home address, and some form of ID) by January 1, 2025. Updates are required to be made within 30 days of any changes.

Penalties for noncompliance could include $500 daily fines, up to $10,000, and up to 24 months in prison.

S. 3625 (SCOTT), CORPORATE TRANSPARENCY ACT: This bill would delay the implementation of the Beneficial Ownership Information (BOI) reporting requirement. It is the Senate companion of H.R. 5119, which was approved by the House on December 12, 2023, by a vote of 420–1.

INSIGHT: Unfortunately, these bills are not likely to move. The Corporate Transparency Act is intended to protect national security by preventing money laundering, terrorist financing, corruption, tax fraud, and other illicit activities in the guise of corporations; it does not make sense to apply it to HOAs. One court decision, from the Federal Court in the Northern District of Alabama, which does not have broad application, determined the act to be unconstitutional. It is not clear whether these bills, or other court challenges, will result in exemption of HOAs at some point. Associations should be prepared to meet the filing deadline of January 1, 2025.

Nathan McGuire, Esq., is a founding partner of McGuire Schubert Sohal LLP, a law firm specializing in representing community associations of all types. He has been engaged in legislative advocacy for HOAs for most of his career and serves on the board of directors for Echo. He was named Super Lawyers magazine’s “California Rising Star” for six years running; Super Lawyer in 20212024; and is the recipient of an AV Preeminent Peer Review designation from Martindale-Hubbell, which signifies the highest level of excellence in the attorney profession.

ECHO journal | DECEMBER 2024

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2024 LEGAL RESOURCE DIRECTORY

ARBITRATION & MEDIATION Law Offices of Tom Fier

675 Mariners Island Blvd., Ste. 106 San Mateo, CA 94404 (650) 572-1900 www.tomfier.com

ASSESSMENT COLLECTION SERVICES Alterra Assessment Recovery Ramona Acosta, PCAM 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 (888) 818-5949 contact@alterracollections.com www.alterracollections.com

A.S.A.P. Collection Services 331 Piercy Rd. San Jose, CA 95138 (408) 365-9600 www.asapcollect.com

Community Legal Advisors Inc. COMMUNITY ASSOCIATION ATTORNEYS

Community Legal Advisors, Inc. Mark T. Guithues, Esq. 509 N. Coast Highway Oceanside, CA 90254 (760) 529-5211 mark@attorneyforhoa.com www.attorneyforhoa.com See our Advertorial on page 25

Briscoe Ivester & Bazel

Maria C. Kao 235 Montgomery St., Ste. 935 San Francisco, CA 94104 (415) 402-2712 mkao@briscoelaw.net www.briscoelaw.net

Hughes Gill Cochrane Tinetti, PC Amy K. Tinetti, Esq., CCAL 1350 Treat Blvd., Ste. 550 Walnut Creek, CA 94597-7999 (925) 926-1200 atinetti@hughes-gill.com www.hughes-gill.com See our Advertorial on page 27

Chapman & Intrieri, LLP

2236 Mariner Square Dr., Ste. 300 Alameda, CA 94501 (510) 864-3600 www.cnilawfirm.com

Community Legal Advisors Inc. COMMUNITY ASSOCIATION ATTORNEYS

Community Legal Advisors, Inc. Mark T. Guithues, Esq. 509 N. Coast Highway Oceanside, CA 90254 (760) 529-5211 mark@attorneyforhoa.com www.attorneyforhoa.com See our Advertorial on page 25

Epsten, APC

10200 Willow Creek Rd., Ste. 100 San Diego, CA 92131 858.527.0111 www.epsten.com

Law Offices of Deon R. Stein Deon Stein, Esq. 885 University Ave. Sacramento, CA 95825 (916) 640-0102 dstein@deonstein.com www.deonstein.com

Law Offices of Tom Fier

675 Mariners Island Blvd., Ste. 106 San Mateo, CA 94404 (650) 572-1900 www.tomfier.com

McGuire Schubert Sohal LLP 2819 W. March Ln., Ste. B6 PMB 322 Stockton, CA 95219 (209) 425-6260 www.ms2.law

Flanagan Law, APC

ATTORNEYS Adams Stirling, PLC

5250 Claremont Ave., Ste. 141 Stockton, CA 95207 (800) 464-2817 www.adamsstirling.com

Angius & Terry, LLP

1990 North Carolina Blvd., Ste. 950 Walnut Creek, CA 94596 (800) 680-4001 www.angius-terry.com

Beaumont Tashjian

5008 Chesebro Rd., Ste. 200 Agoura Hills, CA 91301 (866) 788-9998 www.hoaattorneys.com

Berding | Weil LLP

2175 N. California Blvd., Ste. 500 Walnut Creek, CA 94596 (925) 838-2090 www.berding-weil.com 36

DECEMBER 2024 | ECHO journal

6050 Santo Rd., Ste. 220 San Diego, CA 92124 (619) 489-3100 www.flanaganhoalaw.com

The Miller Law Firm

Garcia | Marsalli, LLP

Rachel M. Miller, Esq. 235 Montgomery St., Ste. 930 San Francisco, CA 94104 (415) 437-1800 rachel@constructiondefects.com www.constructiondefects.com See our Advertorial on page 19

Hanna & Van Atta

Nixon Peabody, LLP

Jerod Marsalli, Esq. 215 California St. El Segundo, CA 90245 (323) 375-5999 jerod@garciamarsalli.com www.garciamarsalli.com See our Advertorial on page 17 525 Middlefield Road, Suite 210 Menlo Park, CA 94025 (650) 321-5700 www.hanvan.com

Jeanne Grove, Esq. 1 Embarcadero Ctr., Fl. 32 San Francisco, CA 94111 (415) 984-8389 jgrove@nixonpeabody.com www.nixonpeabody.com See our Advertorial on page 29

999 Corporate Dr., Ste. 100 Ladera Ranch, CA 92964 (949) 654-1510 www.ndhoalaw.com

Noland Law, PC

100 Pine St., Ste. 1250 San Francisco, CA 94111 (415) 481-0825 www.noland-law.com

O’Toole Rogers LLP

3650 Mt. Diablo Blvd., Ste. 180 Lafayette, CA 94549 (925) 284-4693 www.otoolerogers.com

Pratt & Associates, APC

634 N. Santa Cruz Ave., Ste. 204 Los Gatos, CA 95030 (408) 369-0800 www.prattattorneys.com

Ragghianti Freitas, LLP 1101 5th Ave., Ste. 100 San Rafael, CA 94901 (415) 453-9433 www.rflawllp.com

Scherer Smith & Kenny, LLP 140 Geary St., 7th Floor San Francisco, CA 94108 (415) 433-1099 www.sfcounsel.com

SwedelsonGottlieb

350 Sansome St., Ste. 300 San Francisco, CA 94104 (415) 762-1889 www.lawforhoas.com

White Law Group, Inc.

1530 The Alameda, Ste. 215 San Jose, CA 95126 info@whitelginc.com (408) 345-4000 www.whitelginc.com

Youngling Law Firm 1108 Irwin St. San Rafael, CA 94901 (415) 454-1090 www.younglinglaw.com

Ramona Acosta, PCAM 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 (949) 588-0866 ramona@tinnellylaw.com www.tinnellylaw.com See our Advertorial on page 13

Rachel M. Miller, Esq. 235 Montgomery St., Ste. 930 San Francisco, CA 94104 (415) 437-1800 rachel@constructiondefects.com www.constructiondefects.com See our Advertorial on page 19

CORPORATE TRANSPARENCY ACT SERVICES

Zimmerman Pavone, LLP

CTA Review, Inc.

6010 Commerce Blvd., #148 Rohnert Park, CA 94928 (707) 578-7555 www.zp-law.net

200 Main St., Ste. 204B Huntington Beach, CA 92648 (714) 276-1711 www.ctareview.com

BYLAW AND CC&R REVISIONS

GENERAL COUNSEL Community Legal Advisors Inc.

Tinnelly Law Group

Ramona Acosta, PCAM 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 (949) 588-0866 ramona@tinnellylaw.com www.tinnellylaw.com See our Advertorial on page 13

CONSTRUCTION DEFECT LITIGATION Berding | Weil LLP

Tinnelly Law Group

The Miller Law Firm

2175 N. California Blvd., Ste. 500 Walnut Creek, CA 94596 (925) 838-2090 www.berding-weil.com

Chapman & Intrieri, LLP

2236 Mariner Square Dr., Ste. 300 Alameda, CA 94501 (510) 864-3600 www.cnilawfirm.com

COMMUNITY ASSOCIATION ATTORNEYS

Community Legal Advisors, Inc. Mark T. Guithues, Esq. 509 N. Coast Highway Oceanside, CA 90254 (760) 529-5211 mark@attorneyforhoa.com www.attorneyforhoa.com See our Advertorial on page 25

2024 LEGAL RESOURCE DIRECTORY

Nordberg | DeNichilo

Pratt & Associates, APC

634 N. Santa Cruz Ave., Ste. 204 Los Gatos, CA 95030 (408) 369-0800 www.prattattorneys.com

Tinnelly Law Group

Ramona Acosta, PCAM 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 (949) 588-0866 ramona@tinnellylaw.com www.tinnellylaw.com See our Advertorial on page 13

Hughes Gill Cochrane Tinetti, PC Amy K. Tinetti, Esq., CCAL 1350 Treat Blvd., Ste. 550 Walnut Creek, CA 94597 (925) 926-1200 atinetti@hughes-gill.com www.hughes-gill.com See our Advertorial on page 27

Continued on next page

ECHO journal | DECEMBER 2024

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2024 LEGAL RESOURCE DIRECTORY

INSPECTORS OF ELECTIONS HOA Election Team, LLC 4041 Soquel Dr., Ste. 334 Soquel, CA 95073 (831) 316-3115 www.hoaelectionteam.com

Liberty HOA Election Services, Inc. 1175 Branham Ln., #18787 San Jose, CA 95118 (408) 482-3525 www.hoaelection.com

Professional Association Services, Inc. 42612 Christy St. Fremont, CA 94538 (707) 539-5810, ext. 352 www.pas-inc.com

Pro Elections LLC PO Box 659 Murphys, CA 95247 (209) 559-1448 www.pro-ei.com

LAND USE

Briscoe Ivester & Bazel

Maria C. Kao 235 Montgomery St., Ste. 935 San Francisco, CA 94104 (415) 402-2712 mkao@briscoelaw.net www.briscoelaw.net

RESERVE STUDIES Association Reserves, Inc. 1278 Indiana St., Ste. 400 San Francisco, CA 94107 (415) 694-8931 www.reservestudy.com

Many Echo Professional Service Providers offer products and services across large service areas.

Be sure to visit their website to see if service is offered in your area!

The Helsing Group

4000 Executive Pkwy., Ste. 100 San Ramon, CA 94583 (925) 355-2100 www.helsing.com

echo-ca.org 38

DECEMBER 2024 | ECHO journal

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