The Echo Journal – Showcase Edition, Issue 2 2022

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The Whole Picture

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Patty Kurzet The Echo Journal is published quarterly by the Executive Council of Homeowners (Echo). 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 or image.

HOA Education On Demand! Get more from your Echo membership Echo Members have exclusive access to our entire library of HOA-focused educational programming including Community Conversations, Educational Seminars, Workshops, Ask the Attorneys and Ask the Experts. There’s also limited free content available to HOA homeowners and board members. The presentations listed below are free to HOA homeowners and board members. Click a title to watch! Community Conversations: Better Meetings & The Open Meeting Act Community Conversations: New Election Laws & the Required Procedures Identifying Harassment in Your HOA Preparing the HOA for Taxes Avoiding HOA Reserves Quicksand Board Ethics and Decorum After the Dust Settles: Surfside Disaster & Case Law Exposed Breaking Up Is Hard to Do Board Decision Making: When Is Enough Enough for a Decision?

© 2022 Executive Council of Homeowners (Echo) All rights reserved. Reproduction except by written permission of Echo is prohibited. Echo member information is never released to any outside individual or organization, unless agreed to by the member.

For more information visit ECHO journal | ISSUE TWO 2022



Features 8


The Whole Picture: Fitting the Community’s Financial Statements Together



The Entire Community Benefits When the Board Embraces Technology



The Self-Managed Association: The Road to Success – Using a Reserve Study as a Maintenance and Repair Road Map



Paints of a Different Color: Solar-Reflective Paints and Coatings


Happenings 6




Welcome to Our New Professional Service Providers


Survey Says... Results from our member survey


Echo Pursues Alliance with Smart Coast California to Protect Coastal HOA Values and Sustainability


Echo 2022 Board Election Announcements

31 36 40


ISSUE TWO 2022 | ECHO journal

CEO’s Message: Dealing with Drought

Echo Legislation Tracker Professional Service Provider Resource Directory Register Today! July 12 Virtual Legal Resource Panel: Case Law Update



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ECHO journal | ISSUE TWO 2022


Raison d’Etre – The Reason for CEO’S MESSAGE

What a beautiful phrase, raison d’etre (reason for being). every board member should consider and collectively agre

The phrase engenders humanity. The words roll from one’s stark business senses and adds the element of humanity Dealing with Drought a board: Strategic planning, execution and evaluation; m management. So, The business realities should be reflective o For years we have been in a persistent drought. to an HOA board, what is a drought? A common values of individuals thekeeping community. What is a drought, anyway? Well, as it turns out, persistent pain in the neckin while landscape

there are many definitions depending on a person’s healthy and homeowners happy. Drought is another Communitiesone areof imperfect – because theythat arescientists made of hum perspective. Alan Cressler of the United States those incredibly difficult things Geological Survey (USGS), the federal government try to predict that adds a great deal of risk to HOAhumans relating. Humans using. Human living. Basically, agency concerned about such things, defined management. Think of it: From landscaping to being human, communities sometimes forget that man drought in a June 8, 2018, article as follows. wildfire corridors to reserve studies and assessments, establish norms for a issuccessful community. In a sense, etc., drought a risky, uncontrollable, and potentially expensive condition. The of permutations the community. Its purpose is myriad to establish order and ele and implications is astounding. Yes, HOA boards progress andreally pace by establishing norms and constraint need to wrestle with persistent below-average What is a Drought? ne or ca rri hu a at wh e fin easy to de totivbenefit all. availability of water for human and landscaping uses While it is relatively e. ec drought is more subj a g in fin de is, e ak – and HOA drought. earthqu ts of floods, the immediate effec It seems apparent board leadership mustfor understan Here’s that a thought: HOAs should not manage Droughts do not have s cause economic stres n ca ts gh ou dr ed in drought, but simply accept that persistent drought, but susta rious owners in order to orchestrate a sense of community and has va The word “drought” as the government defines it, is going to be around throughout an area. e. To aprotect community values. The purpose of a board, the ectivand g on a person’s persp much longer than the relevant range of the board’s meanings, dependin deficiency a period of moisture build community onmeans common values fordeal the good o planningbased cycle. This that boards should farmer, a drought is der cultivation – even un s op cr e th ts ec with drought as the “new normal” and expect that that aff y crops infall can stress man It takes time water to orchestrate a community. It takes prices and costs resulting from drought willtime to kn two weeks without ra a the growing cycle. To of ds rio pe in rta ce continue climb, penalties will beaimposed, during to thetovoices and build visionand reflective of d when to listen riotime ght is a prolonged pe the climate isn’t going to change back to the way it meteorologist, a drou manager, you will be more effective as a board member and sa normal. To a water and an th s les is n tio ita used to be. One might suggest that boards simply precip ects aff at th ly pp su ter cy in wa your for being on the board. a drought is a deficien , ologistreason ter quality. To a hydr wa d an ty ili ab ail Continued on page 30 av water of decreased d rio pe d de ten ex ECHO is committed to helping homeowner boards and resi a drought is an flow. m ea str d an n tio ita precip ing and advocacy – this is our “raison d’etre”.

ol: , Water Science Scho Alan Cressler, USGS 18. to Know,” June 8, 20 “Droughts: Things bafD6j




ISSUE TWO 2022 | ECHO journal

David Zepponi Executive Director

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ECHO journal | ISSUE TWO 2022


The Whole Picture Fitting the Community’s Financial Statements Together


board member is a fiduciary of the community association. That is, each one has a responsibility to work in the financial best interest of all association members and has a duty to understand and oversee the financial activities and records of the association. In fact, California statute expressly requires this. In addition, lawmakers have recently mandated that interfund cash transfers are to be reviewed and approved by the board on a monthly basis. This adds to the burden of the board to oversee and approve the financial health of the association. Accordingly, each board member must understand how the community association’s financial records are prepared and, importantly, how they fit together. Not only is this the duty of each board member, but it is also the law. Board member fiduciaries are specifically required to review monthly balance sheets, statements of revenues and expenses, check registers, aging reports of assessments receivable, reserve studies, and more. Few business organizations in California are subject to such extensive mandated financial oversight by a board of directors. The two most basic community association financial statements are the Balance Sheet (A, see page 10) and the Statement of Revenues and Expenses (B, see page 11). Financial information feeds into these two basic financial statements as illustrated in the diagram on pages 10-11. This article will help you understand, in simple terms, how this “puzzle” is put together. The balance sheet consists of three principal parts: assets, liabilities, and fund balances at a specific date (usually month end). The balance sheet “balances” because assets equal liabilities plus fund balances. Warning: If the balance sheet does NOT balance, consider contacting a manager or CPA. The two most significant assets on most community Continued on page 10


ISSUE TWO 2022 | ECHO journal


Each board member must understand how the community association’s financial records are prepared and, importantly, how they fit together. Not only is this the duty of each board member, but it is also the law.

ECHO journal | ISSUE TWO 2022


in transit and (possibly) other reconciling items. Accordingly, the bank balance is reconciled to the book balance (on the balance sheet) by the Bank Reconciliation (C). Warning: If the balance per bank does not match the bank statement, the balance per books does not match the balance sheet, the list of outstanding checks is not correct or the list of deposits in transit is not correct, consider contacting a manager or CPA. Also, on the topic of appropriate investments, California law has recently changed to prohibit risky investments; federally insured (e.g., FDIC-insured) certificates of deposit trump common stocks and stock mutual funds. Assessments receivable, and related late charges

The Whole Picture Continued from page 9

association balance sheets are cash (and certificates of deposit) and assessments receivable. The most common liability is accounts payable. In some instances, there may be a liability titled “reserve liability” or “contract liability – reserves.” Cash consists of both checking and savings accounts. The balance of savings accounts (and, often, certificates of deposit) should trace directly from the Bank Statements (D) to the balance sheet. However, the checking account balance on the bank statement will generally NOT agree with the balance sheet because of outstanding checks, deposits BANK STATEMENT March 31, 2019 Account Number: xx xx-xxx3968 Account Balance



$ 28,000 50,000 140,000

BANK STATEMENT STATEMENT OF REVENUES AND EXPENSES BANK BANK RECONCILIATION March 31, 2019 RECONCILIATION 31,Ended 2019March 31, 2019 3March Months Account Number: xx xx-xxx3968 Bank Balance $35,000 Account Balance $35,000 Revenues Less outstanding checks ( 6,000)


30,000 2,000


$$250,000 28,000 Clubhouse repairs 50,000 Additional plants $ 140,000 5,000 Deck nails 30,000 100,000 Miscellaneous repairs 2,000 Clubhouse105,000 ventilation Clubhouse interior



Assessments, Add deposits operations in transit

$ 190,000 2,000


Assessments, reserves Other reconciling item(s)

47,000 ( 3,000)


Interest income Book BANKBalance RECONCILIATION Other revenues March 31, 2019


800 12,000 3,300

$ 250,000

Bank Balance Total revenues Less outstanding checks

2,000 $35,000 240,000 ( 6,000)

Expenses AddBANK deposits inSTATEMENT transit 2,000 $ 28,000 BANK STATEMENT DELINQUENCY REPORT Administration 90,000 Other reconciling item(s) ( 3,000) 8,000 March 31, 2019 March 31, 2019 $ 5,000 Maintenance and operations Book Balance $28,000 22,000 Account Number: xx xx-xxx3968 100,000 Landscape care 30,000 30,000 Account Balance 90+ days $35,000 30 days 60 days Total 105,000 Pool maintenance 10,000 15,000 Lot 5 $ 500 $ 500 $ 28,000 Other maintenance 28,000 100,000 Lot 13 $29,000 $29,000 50,000 Sub-Total 68,000 145,000 Lot 22 $ 500 $ 500 140,000 60,000 DELINQUENCY REPORT Utilities BANK RECONCILIATION Amount 8,000 Description 30,000 $250,000 ce March 31,$ 2019 Clubhouse repairsDELINQUENCY 1,900 March 31, 2019 Assessments ReceivableREPORT Balance $30,000 22,000 $ 218,000 2,000 Total expenses cape Co Additional 9,700 plants Bank Balance $35,000 30,000 60 days 90+ days Total Deck nails e 300 30 days Less outstanding Income (Loss) checks ($ 6,000) 22,000 15,000 $ 250,000 Lot 5 $ 500 $ 500 New roof unit #8 10,000 Add deposits in transit 2,000 100,000 Lot 13 $29,000 $29,000 ntenance Miscellaneous repairs 800 Other reconciling item(s) ( 3,000) 145,000 Lot 22 $ 500 $ 500 $ 5,000 ventilation Service Clubhouse 12,000 Book Balance $28,000



100,000 Janitorial $250,000 March 2019 service nce 1,000 Assessments Receivable Balance 105,000interior ters Clubhouse 3,300


$ 39,000 10

ISSUE TWO 2022 | ECHO journal DELINQUENCY REPORT 8,000 March 31, 2019 22,000




March 31, 2019 Assets Cash, operations fund

$ 28,000

Cash, reserve fund

50,000 140,000

Cash, reconstruction fund Assessments receivable

30,000 2,000

Other assets

Total assets

$ 250,000

Liabilities Accounts payable Bank loan payable Total liabilities


5,000 100,000 105,000

Fund Balances Operations fund Beginning of year


Income (loss) current year


Ending balance


Reserve fund Reconstruction fund Total fund balances Total liabilities and fund balance

15,000 100,000 145,000 $250,000



Lot 5

Lot 1

Lot 2


and/or interest, represents owner assessments which be consistent. Warning: If payment plan terms do have not been received as of the date of the balance not appear to be consistent, consider contacting an sheet. The total of assessments receivable is usually attorney. detailed on the monthly Delinquency Report (E) Accounts payable represent the total of vendor which ties directly into the balance sheet. Warning: invoices for goods and services which have not STATEMENT If the total of assessments receivable, late charges been paid as of the date of the balance sheet. GENERAL LEDGER and interest on the delinquency report does NOT Warning: If the total of accounts payable on the 3 Months End 1 Month Ended March 31, 2019 agree with the balance sheet, consider contacting a Accounts Payable Report (not shown on the manager or CPA. diagram) does NOT agree with the balance sheet, Revenues Account 437 Other maintenance expense The delinquency report should also have a consider contacting a manager or CPA. It is also Assessments 03-02-19 ABC Roofing $ 1,900 Clubhouse repairs footnote describing any owners that are on a board- 03-05-19 good management practice, on an unannounced Assessments Green Landscape Co 9,700 Additional plants approved payment plan. It is important to remember 03-12-19 basis, to review all vendors in the accounts payable Interest incom ACE Hardware 300 Deck nails that all members should generally be treated system, along with related total year-to-date Other revenu 800 03-17-19 Got You Maintenance Miscellaneous repairs Continued on page 12 equally – so payment plan terms should generally Clubhouse ventilation 03-21-19

Frigid HVAC Service


Colorful Painters



Clubhouse interior


Total other maintenance


$ 28,000





Pool main




Assessments, operations


Assessments, reserves


Interest income



Other revenues


$ 190,000 47,000

0 Total revenues






Maintenance and operations 30,000

Pool maintenance


Other maintenance


Amount $

1,900 9,700 300 10,000 800 12,000 1,000 3,300

$ 39,000

68,000 60,000

Utilities Total expenses Income (Loss)

03-05-19 fund 2/437 Cash, operations 03-12-19 3/437 Cash, reserve fund

$ 218,000 $ 22,000

Description Clubhouse repairs

Other ma BANK STATEM Sub-To March 31, 2019 Utilities Amount Account Numbe $

Green Landscape$Co28,000 Additional plants

1,900 Account Balan 9,700

Deck nails 50,000 New roof unit #8 03-15-19 4/287fund ABC Roofing Cash, reconstruction 140,000 Got You Maintenance Miscellaneous repairs 03-17-19 5/437 Assessments receivable 30,000 Frigid HVAC Service Clubhouse ventilation 03-21-19 6/437 Other assets 2,000 ACE Hardware


Income (L


800BANK RECONCIL 12,000March 31, 2019

03-22-19 7/422

Immaculate Janitorial March 2019 service

1,000Bank Balance

03-26-19 6/437 Total assets

Colorful Painters Clubhouse interior $ 250,000

3,300Less outstanding


Add deposits in tr $ 39,000Other reconciling

Total March 2019 Checks

Accounts payable

Landscape care



1 Month Ended March 31, 2019 BALANCE SHEET Check No/ March 31, 2019 Account Payee Date 03-02-19 1/437 ABC Roofing Assets

3 Months Ended March 31, 2019



Bank loan payable Total liabilities



Book Balance

100,000 105,000

GENERAL LEDGER GENERAL LEDGER Fund Balances 1 Month Ended March 31, 2019 Operations fund



8,000 Beginning year maintenance expense Account 437ofOther 22,000 Income (loss) current year 03-02-19 ABC Roofing Clubhouse repairs Ending balance 03-05-19 Green Landscape Co Additional30,000 plants

DELINQUENCY REPORT March 31, 2019 $ 1,900 9,700

Reserve fund 15,000 03-12-19 ACE Hardware Deck nails Lot 5 300 Reconstruction fund 100,000 03-17-19 Got You Maintenance Miscellaneous repairs Lot 13 800 Total fund balances 145,000 Clubhouse ventilation 03-21-19 Frigid HVAC Service Lot 2212,000 Clubhouse interior 03-26-19 Colorful Painters $250,000 Total liabilities and fund balance Total other maintenance

3 Months Ended Revenues

Assessments, op

Assessments, re 30 days 60 day Interest income $ 500 Other revenues



Assessments Receivable Expenses Balance $ 28,000 Administration

ECHO journal | ISSUE TWO 2022

Maintenance an 11 Landscape c

Pool mainten


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The Whole Picture Continued from page 11

payments. Be sure to follow up on any unrecognized vendors, or apparent excessive payments to known vendors. Reserve liability represents the accumulated wear of all the association’s common area major components found in the reserve study of the association. (The reserve study is not shown on the accompanying diagram). If this number is recorded on the balance sheet, the “fund balance” (positive number) will be a “fund deficit” (negative number) because reserve cash is often (much) lower than the reserve liability. If one is reading a CPA-prepared balance sheet in accordance with current AICPA (American Institute of Certified 12

ISSUE TWO 2022 | ECHO journal

Public Accountants) professional standards, the term “contract liability – reserves” may be used. This amount will only represent the current “funded” reserve liability, and it should be equal to the reserve cash balance. The statement of revenues and expenses consists of three principal parts: revenues, expenses, and net income or loss. Revenues for most community associations is primarily derived from owner assessments. Year-todate assessment income should agree with the prorated annual budget which was distributed to owners at the beginning of the association’s fiscal year. Warning: If this is not the case, consider contacting a manager or CPA.

Expenses most often originate from the Check Register (F) which is summarized in the year-to-date General Ledger (G). Year-to-date totals of revenues and expenses in the general ledger should agree with line items in the statement of revenues and expenses (B). Warning: If this is not the case, consider contacting a manager or CPA. When reviewing the check register, question any transactions that do not make sense. Such transaction(s) could represent an honest classification mistake(s) – or a fraudulent item(s). When in doubt, ask to see supporting documentation (including evidence of board or other appropriate approval). Also, be sure to review all check registers – not just the main operating account. Many associations have a separate check register for reserve expenditures. Net income or loss on the statement of revenues and expenses (B) should tie into the balance sheet (A). Warning: If the total of year-to-date net income or loss plus beginning fund balance (deficit) does NOT agree with the fund balance (deficit) on the balance sheet, consider contacting the manager of the association or a CPA.

David Levy, MBA, CPA, is a retired certified public accountant, a consultant and expert witness, and also serves on the Echo board of directors.



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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 ECHO journal | ISSUE TWO 2022



When th Embraces T BY DAN

erving as a volunteer board member on a homeowners association (HOA) board can be complex and overwhelming. Many HOA volunteers are not experts in areas that they are required to navigate. Financial planning, legal proceedings, conflict resolution, and conducting effective meetings are just a few examples. One daunting area for many board members is technology. So many HOAs underutilize or simply disregard technology solutions because of the perceived complexity, cost, and their own lack of expertise. Stop – this aversion costs HOAs a lot of time, money, and efficiency. We must dispel the stigma of being consumed by technology. With rising costs due to inflation and a new generation of techsavvy, data-driven members, HOAs must evolve and embrace technology to build associations that focus on community health and not only day-to-day operations. In recent years, technology, and software in particular, have come a long way. They are much easier to use, with many people transitioning aspects of their personal and professional lives to digital solutions without even realizing it. From online banking and videoconferencing to filing taxes, technology has reduced stress, improved accuracy, and saved people time and money. Technology has also given them options! Their ability to compare auto or home insurance quotes in minutes makes insurance companies fight for their business, not the other way around. So, if we’re embracing technology in our personal and professional lives, why aren’t homeowners associations doing the same? One 14

ISSUE TWO 2022 | ECHO journal


he Board Technology STONDIN

possibility is that associations are looking for solutions to the wrong problems. Demanding homeowners often ask for ways to easily report problems or post pictures online of the last community event. While they’re nice to have, these applications mainly benefit homeowners while creating even more work and overhead for board members! Instead, boards should identify real pains and inefficiencies within their association, seeking out technologies that save time and money and provide additional expertise. Tax software is an excellent example of how “expert-in-a-box” solutions have undoubtedly saved countless taxpayer hours and stress-filled days. The software elegantly guides users through the tax filing process by asking understandable and relatable questions designed for the average taxpayer, not a tax professional. In the same way, complex bookkeeping systems are rapidly moving online, enabling online deposits, vendor payments, and the production of financial reports – all requirements of a traditional business and all requirements of an effectively run homeowners association. Associations that use technology provided by a management company should not simply assume the solutions are of high quality and without alternatives. Management companies often adopt software that makes sense for their business and not the association’s business. It is time that associations start looking at technology solutions as a critical management decision area. When they identify problems in the HOA, they should ask: Is there a technology solution that could Continued on page 16 ECHO journal | ISSUE TWO 2022





When the Board Embraces Technology Continued from page 15

resolve the issue and save money and time? Many HOAs are using antiquated, expensive systems and services. Who on the board is charged with reviewing these technology systems and services? This is an essential role for the association. Ongoing technology review is a fiduciary role of the board. California Corporations Code §7231 requires that board members follow the duties of loyalty and care. The duty of loyalty requires HOA board members to act in the association’s best interests. This means a board member must make decisions for the good of the community, without respect to the personal impact the decision might have on them, either directly or indirectly. Also, the 16

ISSUE TWO 2022 | ECHO journal

association must always protect confidential records, information, and data pertaining to the association and its membership as required by privacy laws, the Davis-Stirling Act, and other laws. The duty of care requires HOA board members to be diligent and informed when making decisions and performing board duties. While the board can rely on support from managers or staff when making decisions, the ultimate responsibility lies with the board. In today’s world, ignoring these technological solutions is simply abdicating the board’s responsibility to steward investments, minimize costs, and create community. So where should the board begin? • Recognize the real problems. • Accept technology review and advancement as a vital duty of the board. • Assign a person or committee to review technology solutions periodically. • Develop a strategy, starting with the squeaky wheel but mainly focused on the association’s highest cost areas. • Regularly audit the association’s technology and any technology provided by a management company. • Identify and recruit homeowners who have operational proficiency with technology. What HOA systems benefit from technology? • Finances – Budgeting – Collecting assessments – Monitoring expenses

• Reserves – Long-term forecasting – Tracking replacements • Communication – Meetings – Board decisions – Planned changes to rules, regulations, and owner obligations • Projects – Bids – Management – Vendor payments • Documentation – Minutes – CC&Rs – Warranties • Taxes and Insurance The more an association can effectively minimize time-consuming, expensive, and stressful tasks, the more likely homeowners will be to volunteer their time, join the board, and share the collective responsibilities. Start small, identify your association’s most inefficient areas together, and don’t get overwhelmed.

Dan Stondin is a product designer and entrepreneur who works with homeowners associations and their board members to elevate technology and unlock the true value of being part of an HOA. Dan knows that software can simplify and support the duties performed by thousands of volunteer board members today. He has founded successful technology companies and helped build cutting-edge software for over a decade.



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loans. For more information on Community Association Banking, see CIT is a division of First Citizens Bank, the largest family-controlled bank in the United States, continuing a unique legacy of strength, stability and long-term thinking that has spanned generations. Parent company, First Citizens BancShares, Inc. (NASDAQ: FCNCA) is a top 20 U.S. financial institution with more than $100 billion in assets. The company’s commercial banking segment

brings a wide array of bestin-class lending, leasing and banking services to middlemarket companies and small businesses from coast to coast. First Citizens also operates a nationwide direct bank and a network of more than 600 branches in 22 states, many in high-growth markets. Industry specialists bring a depth of expertise that helps businesses and individuals meet their specific goals at every stage of their financial journey. Discover more at

Roxanne Jolicoeur, VP NoCal (925) 963-9733 ECHO journal | ISSUE TWO 2022



The Road to Success Using a Reserve Study as a Maintenance and Repair Road Map


ne of the most underappreciated tools in the HOA governance tool chest is the reserve study and funding plan. From a community management perspective, the reserve study is a strategic planning document that provides a common area maintenance-and-repair road map and an indispensable guide to the operating budget development process. California statute compels an association’s board of directors to hire a reserve study specialist to assist the board with an on-site visual inspection of the common areas and develop a funding plan for their maintenance, repair, and replacement every three years (the reserve study). Furthermore, the board must update the reserve study plan annually and disclose a summary of the reserve study plan to the association’s members as part of the annual budget and policy disclosure package. This important process should begin early in the fiscal year and


ISSUE TWO 2022 | ECHO journal

conclude in time to assist the board with their operating budget discussions, deliberations, and approvals. To get the most out of a reserve study and effectively use it as a strategic financial tool, an association should consider these five must-do’s: MAKE THE RESERVE STUDY SPECIALIST THE BOARD’S PARTNER. Check the reserve study preparer’s credentials and make sure they are designated a Reserve Specialist (RS) with the Community Associations Institute. To attain the RS designation, an individual must have prepared at least 30 reserve studies in the past three calendar years; hold a bachelor’s degree in construction management, architecture, or engineering, or have equivalent experience and education; and comply with the Professional Reserve Specialist Code of Ethics. An experienced, competent, and professional reserve specialist will be an effective partner to assist the board in creating a reserve study and funding plan that is

a strategic, well-thought-out road map for the common area maintenance and repairs. Consider inviting the reserve specialist to a mid-year board meeting to discuss reserve planning and budget concerns. The reserve specialist should be an ally in drafting reserve studies that are clear, meaningful, and sustainable. CHECK AND RECHECK THE COMMON AREA COMPONENTS LIST. Reserve specialists and reserve studies are only as good as the information they are based on. As the saying goes, “garbage in, garbage out.” The reserve study specialist should have the HOA’s most recent reserve study and any governing documents that describe the common area and common area maintenance, repair, and replacement requirements. If the association is less than 10 years old, the reserve specialist should be provided with any common area maintenance manuals from the developer or builder. Most reserve specialists will provide the board with a draft


reserve study. Schedule a board meeting to carefully review the draft. Invite the reserve study specialist to attend. Review all the common area components listed; are they accurate, is anything missing, should a large component be broken into smaller subcomponents, is there aging infrastructure or are there common area landscaping repairs or renovations that need to be added? For larger reserve components, should project management, construction management, mobilization, and contract review be added? For the reserve study to be a useful strategic tool, the maintenance, repair, and replacement requirements of all the association’s common areas should be considered and included.

the useful life and remaining life of common area components is not always a science, but is always an estimate, an educated guess based on the manufacturer and the reserve specialist’s experience. This is especially true of high-use components or those that are exposed to harmful environmental conditions, such as water, heat, high humidity, or traffic. Examples of common area components that may age or show deterioration more quickly than the reserve study suggests might include asphalt streets and walkways, pool deck areas, water heaters, irrigation components, wood siding, and wood fencing. It may be appropriate for the board and the reserve specialist to accelerate the maintenance, significant repairs, or replacement of these components.

REVIEW THE COMPONENTS’ USEFUL LIFE AND REMAINING LIFE ESTIMATES. Board members are not required to be reserve study experts, but the board should be able to review the common area components’ useful life and remaining life estimates and decide on the reasonableness of the estimates. Reserve study specialists should be able to defend their estimates of the useful life of the common area components. If needed, board members can elicit the opinions of trade or construction experts. Many common area components will require maintenance or replacement before they fail and disrupt services to owners and residents. Be sure the useful life of these critical infrastructure components includes repairs and replacements before they fail.

EXAMINE COSTS CAREFULLY AND PLAN FOR SOFT COSTS AND CONTINGENCIES. The biggest black eye for reserve specialists is when their estimates of maintenance, repair, or replacement costs are significantly lower than the actual bids presented. Most often this happens with large big-ticket components such as roofing, siding, windows, and exterior painting. Often, annual updates of the reserve study simply recalculate the costs based on the inflation rate without considering the impact of material shortages or labor cost increases. Pay close attention, and, before the annual update is approved, review the stated costs for these bigticket components and be sure they are accurate, especially if a project is 10–30 years in the future. When discussing the reserve study and funding plan with the reserve specialist, be sure to ask about how project


soft costs and contingencies are being accounted for in large projects. For instance, soft costs may include construction management, engineering, architecture, scaffolding and mobilization, port-a-potties, building permits, debris removal, and legal fees for contract review, to name a few. It’s not unusual for project soft costs to add 10%–20% to the cost of a project. Other project costs that are rarely accounted for are project contingency costs. This is especially true of roofing, siding, and, most recently, balcony and elevated wood component repairs and replacements. Project contingencies include repairs to unseen structural elements such as beams and joists, structural framing, building envelope, roof sheeting, and building wrap. Other contingency costs can be caused by county and city building code changes that may be unrelated to the core project; for instance, upgrades to fire and life safety systems and the addition of automatic gas meter shut-off valves. Contingency allowances can run 20–40% of project cost depending on the project’s size, complexity, and permitting requirements. To avoid project budget overruns, special assessments, and bank loans, these additional costs should be accounted for in the reserve study and funding plan. DISCLOSE, DISCLOSE, DISCLOSE. HOA budgets and reserve studies are required disclosures to association members (Civil Code § 5300). The board is required to disclose any deficiencies in reserve funding and any deferrals of scheduled reserve projects and to distribute Continued on page 20 ECHO journal | ISSUE TWO 2022


The Road to Success Continued from page 19

a summary of the reserve funding plan and how it plans to meet the contributions required. The point is that the association’s membership needs to be informed about the association’s finances and its progress in meeting the goals and objectives for common area preservation and maintenance. In other words, the association’s budget and reserve study communicate the board’s commitment to preserving and enhancing members’ property values. HOA boards have the authority to defer or delay reserve expenditure, but deferments or delays should only be approved with the protection of the sound business judgment rule, in good faith, in the best interest of the community, and with a reasonable


inquiry. While there may be good reasons to defer reserve projects, in all cases deferments or delays must be communicated to the members. California mandates that HOA boards commission a reserve study every three years and update it annually. This is a regulation and the law. California stops short of mandating how or how much of the association’s reserves should be funded, believing that funding and budgeting should be left to HOA board members. One of the most important priorities of the HOA board is providing for the preservation and sustainability of the association’s common areas for current owners and future owners. A welldeveloped operating budget and a thoughtful reserve study and reserve funding plan can ensure that the common area is

well maintained while avoiding contentious special assessments.

John Cligny, AMS, PCAM, CCAM-HR Emeritus, is a veteran portfolio manager and community association management executive. As co-founder of Association Consulting Group, John is a trusted advisor primarily focused on educating and advising community association board members on effective governance to promote a positive public opinion of homeowner associations and community management. John is a frequent speaker and panelist on a wide range of community association topics and issues.

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Pulling from more than 45 years of business, CIDC has accumulated a wealth of experience and expertise through a relentless pursuit of perfection.

Since its inception, CID Consortium, LLC (CIDC) strives to provide excellent financial and operational guidance to communities, board members, managers, and owners of communities big and small in an everchanging environment. We believe in building relationships by doing our business transparently and keeping our clients informed. Before sending a proposal, we take the time to uncover what success looks like for your community. Once we are aligned, we will propose a combination of Governance, Finance, and Organizational services specific to your unique needs. Owners and operators Donald (”Don”) W. Haney, CPA, and Adam P. Haney, CPA, are well known for their role in developing homeowner association industry standards and technology. Don originally started in the industry in 1979 when he formed two corporations: CEO, Inc. and Haney Accountants, Inc. Both organizations laid the foundation for CIDC led by Adam P. Haney, CPA. Today, CID Consortium, LLC has grown into a team armed with passion and expertise for improving the community living experience of its members. Pulling from 45 years of business, CIDC has accumulated a wealth of experience and expertise through a relentless pursuit of perfection. Fueled by technology and incessant process improvement, the team engages with members on a rich platform, ensuring the community living experience continues to be exceptional. For more information about the services we provide, please visit our website at

919 Reserve Drive Roseville, CA 95678 (888) 786-6000 ECHO journal | ISSUE TWO 2022





New Professional Service Providers Bluejay HOA’s mission is to build modern association management software to improve the lives of homeowners everywhere. Our product is tailor-built for smaller management organizations and self-managed associations to save hours of work and thousands of dollars. Bluejay offers a powerful, yet easy-touse, software suite. to automatically collect dues and communicate with homeowners, alongside an integrated accounting and reporting suite, a mobilefriendly member portal with shared documents, digital request forms and much more! If you’ve been searching for that delightfully easy-touse, time-saving tool to manage your association(s) more efficiently, then look no further. We’d love to show you what Bluejay can do and we’re truly excited about the additional features we’re continuously launching! Here’s a bit of what we offer: • Invoicing and dues collection with automatic reminders • Mobile-friendly member portal • Member communication through email, physical mail and/or portal message • Violation management • Document sharing • Customizable digital forms for architectural reviews and requests • Integrated budgeting, accounting and reporting Ethan Kalm - CEO (303) 250-5534

Since 1925, Dunn-Edwards Corporation has been the leading manufacturer and supplier of architectural and industrial coatings, providing a complete line of paints and painting supplies to professionals and quality-conscious consumers. When you use Dunn-Edwards Paints, the local Property Services Representative functions as your complimentary concierge to take the hassle out of the repainting process. Providing you with world-class customer service, we are here to help you make the best decisions on color, performance, and durability within your budget. We make it our job to make your job easier. The following is a list of our complimentary services our seasoned experts can offer you. • Experienced project assessment from prep to application • Customized Specifications outlining preparation, primer, and finish coats, providing a clear scope of work • Color consultations and professional renderings to help you visualize color on projects • Color Scheme Assistance • Color Scheme Archival Website: Color ArkPro is a database used to keep track of your approved HOA Color Schemes. Color-Ark Pro can easily be accessed by homeowners, board members and community managers. Megan Mutimer – Sales Agent (707) 790-9385

Continued on page 24


Check Out Our Professional Service Provider Online Directory! Quick and easy access to more than 200 industry providers who support HOAs and Echo. Visit and click on Professional Directory 22

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SAYLER DESIGN Design & Color Consultants • Window treatment • Lighting design and upgrades (especially LED conversion and rebates) • Entry monuments and site signs

We help to enhance the functionality, value and appeal of properties.

Sayler Design provides space planning and design expertise, color consulting, and lighting upgrade services to HOAs and property management companies throughout the San Francisco Bay Area. Our goal is to enhance the functionality, appeal, and value of properties through timeless design. Homeowner Associations have a responsibility to maintain, secure, and enhance the value of their property. HOA boards often fail to identify or agree on how to use their limited budget to its best effect. For more than 35 years, Sayler Design has educated HOA boards and property managers throughout the Bay Area on renovation considerations and challenges. We provide impactful solutions that meet a board’s unique needs, budget, and timeline.

MASTER PLANS • Project Management of Phase-Based Projects including any of the elements mentioned Sayler Design’s clients benefit from our refined design sense, knowledge of current products and finishes, and experience working with management companies and property owners/investors to meet their goals. We help enhance the functionality, value and appeal of properties. Understanding our clients’ market ensures all aspects of our design plans have a lasting impact. Contact us and see how we can enhance the value and appeal of your property.

Whether your managed property requires a fast and affordable improvement or a more comprehensive renovation, we offer services that meet your needs: INTERIOR/EXTERIOR DESIGN • Color Plans • Space Planning • Renovation of clubhouses, dining areas, game rooms, meeting space, courtyards, lobbies, hallways, bathrooms, kitchens, pools, gyms, offices, and more • Furniture selection, purchase, and installation • Flooring selection • Wall finish selection • Wall art and sculpture

611 South B St. San Mateo, CA 94403 Mary Anne Sayler ECHO journal | ISSUE TWO 2022


Continued from page 22


New Professional Service Providers The attorneys at Garcia | Marsalli, LLP have been dedicated to representing homeowners and homeowner associations in construction defect actions throughout the State of California for more than two decades. Our attorneys have a proven track record of recovering hundreds of millions of dollars for our clients, for all manner of substandard construction practices. The firm works with a team of highly experienced construction experts who will inspect and evaluate potential claims, and then develop comprehensive repair plans and cost estimates. We also pride ourselves on providing personalized attention to our clients and working collaboratively with board members to ensure that questions are timely addressed. Additionally, Garcia | Marsalli, LLP offers a contingency-only fee structure and advances case expenses for our HOA clients. If you have concerns about possible defective construction in your community, we will be glad to consult with your HOA board of directors or property manager at no out-of-pocket cost. Garcia | Marsalli, LLP looks forward to hearing from you. Jerod A. Marsalli, Esq. (925) 287-6488

Westlake Royal Roofing Solutions™ is the combination of DaVinci® Roofscapes and the former Boral North America roofing product lines. The company is a recognized, national leader in durable and sustainable clay, composite, concrete, and steel roof systems and components. The company’s offerings include Unified Steel™ Stone Coated Steel Roofing, the ultra-lightweight roofing system that combines Class A Fire rating, the superior structural strength and “Green Building” sustainability of steel with the traditional beauty of shake or clay tile; US Tile® products, a legacy line of premium, stunning clay tile solutions manufactured to the highest standard of craftsmanship; DaVinci® Roofscapes, beautiful and durable composite slate and shake roofing tiles; Newpoint™ Concrete Tile Roofing, the enduring line of concrete tile known for its strength, Class A fire rating and long-lasting beauty; and Westlake Royal™ Roofing Components, a full line of integrated roof components designed to deliver a higher standard of roof installation and performance. Donna Vingo HOA Roofing Specialist (209) 252-2359 See our advertorial on page 5





ISSUE TWO 2022 | ECHO journal

HOA Decision Makers Overwhelmingly Prefer Online Events







IQV CONSTRUCTION & ROOFING IQV specializes in complex reconstruction projects for Northern California & Bay Area HOAs You need a contractor that can do both, Construction and Roofing. IQV Construction & Roofing!

WE’RE IMPROVING COMMUNITIES! Call us or visit us online to request a proposal. IQV Construction & Roofing is improving communities! IQV exists to provide the finest quality construction and roofing services to our customers. With the goal of continuing to improve the way we do business, IQV has a passion for serving our clients and supporting a culture that focuses on professional integrity and giving back to our communities. IQV specializes in complex reconstruction projects for Bay Area HOAs, multifamily property owners, and community management firms. We are your Bay Area Construction and Roofing Specialist. We proudly service six counties in the Bay Area: Alameda, Contra Costa, Monterey, San Mateo, Santa Clara, and Santa Cruz.

We do everything from interior renovation, exterior decay repairs and the whole roof envelope. We are now offering services for SB 326 and SB 721. Services include: • Stairways, Landings & Catwalks • Decks & Balconies • Posts & Beams • Siding & Trim • Windows & Doors • SB 721 & SB 326 • Leak & Repair Services • Gutter & Downspout Installation Visit our website at to learn more about our services or email us at to request a proposal.

Request a Proposal! 408.638.5500 ECHO journal | ISSUE TWO 2022



ISSUE TWO 2022 | ECHO journal



THE ULTIMATE COATINGS COMPANY State-of-the-art Cooling Paints, Cool Roof Coatings, Primers and Sealers

Our focus is to help Echo member associations achieve excellent repainting outcomes and gain the return on investment advantages of cooler buildings. THE ULTIMATE COATINGS COMPANY was originally founded in 2005 on the premise that the future of exterior paints and roof coatings was at hand with its solar-reflective, “cooling” exterior paints. Our THERMOSEAL® wall, trim, and roof tiles paint and our ECO-THERM® ELASTOMERIC – a waterproofing/crack bridging stucco coating also made in a “cool roof” coating version – were ahead of their time. These products use special pigments that reflect infrared (IR) light (the heat wavelength of sunlight) rather than heat absorbing, regular pigments. The IR pigments were already being used by higher-end metal roof makers, by the U.S. military and in other countries. As a manufacturer selling direct to contractors and end users, we’ve demonstrated their effectiveness as one of the earliest makers of acrylic (latex) energy efficient architectural paints in the USA.

Our products have become increasingly more meaningful in ensuing years as planetary climate change accelerates. We offer these paint solutions for HOAs and community associations to lower air conditioning usage and expense, while providing greater durability than regular paints and coatings. Cooler buildings in direct sunlight (this is not insulation) also means lowered maintenance costs, because buildings do not “work” as much in the hot-to-cold-to-hot temperature cycles that occur especially in hotter weather. Likewise, one of the biggest benefits of our product technology has become that the entire “building envelope” often can be made more energy efficient with a combined use of our cooling products when applied to both exterior walls and the roof.

We offer custom batch production of our cool paint products at competitive prices vs. standard premium paints. We’re a Founding Member for the new Cool Roof Rating Council (CRRC) Wall Rating Program Directory, publicizing the real science and testing that shows this category’s ability to drop exterior wall temperatures by as much as 50 degrees, depending on color. We’re moving forward with our new focus to help Echo member associations achieve excellent repainting outcomes and gain the return on investment advantages of cooler buildings. It’s a “no-brainer” if you’re going to repaint with a high quality paint since the smartest boards know that sacrificing paint quality is not the place to save money vs. cost of labor. Please call us to help you! We offer a free phone consultation and written specification for your projects featuring The Ultimate Coatings Company’s state-ofthe-art cooling paints, cool roof coatings, primers and sealers.

Reno, NV (800) 226-9180 ECHO journal | ISSUE TWO 2022


Expertise. Focus. Solutions. Put the leading bank for community association management companies to work for you with individualized service, award-winning technology and smart financial solutions. Let’s get started. Roxanne Jolicoeur, Vice President 925.963.9733 | © 2022 First-Citizens Bank & Trust Company. All rights reserved. CIT and the CIT logo are registered trademarks of First-Citizens Bank & Trust Company. MM#11612

Echo Professional Services Panel (PSP) Echo’s Oldest Running Resource Panel Begins Again! The panel is open to Echo professional service provider members and meets quarterly, in-person for lunch, learning, and industry networking. Please note the following meeting dates: September 7, 2022 & December 7, 2022 (The Holiday Gathering) Under renewed direction, the panel is looking to grow. Echo members who are professional service providers serving the HOA industry are encouraged to join. Please contact Patty Kurzet at for more information about becoming a member of the panel. 28

ISSUE TWO 2022 | ECHO journal


cho’s Coastal Resource Panel has stepped up efforts to represent HOAs along the California coast and to participate in alliances that are confronting California Coastal Commission (CCC) policies to ban shoreline protection for homes and businesses and to force “managed retreat” from bluffs and beaches. In late May, Echo CEO David Zepponi and several members of the Coastal Resource Panel participated in “One California, One Coast,” a strategic policy summit sponsored by Smart Coast California in Long Beach. Zepponi joined one of the panels to begin to raise the visibility of coastal HOAs as groups like Smart Coast delve deeper into effective decision-making in our coastal communities in preparation for rising seas in California. Hundreds gathered at the event to hear local government officials discuss their Local Coastal Program updates. Veteran California Coastal Act attorneys addressed legal implications of the CCC’s policies, analysts assessed the economic consequences of options for residential and commercial property owners, and prominent coastal engineers presented creative solutions for adapting to future sea level rise. Smart Coast California, a Realtor-sponsored advocacy organization, has welcomed an alliance with Echo and its information and education programs for HOAs throughout the state. Echo’s Coastal Resource Panel has recently expanded to include HOA attorneys and coastal HOA residents interested

Echo Pursues Alliance with Smart Coast California to Protect Coastal HOA Values and Sustainability Click here to stay informed or to get involved! Or visit

in addressing the Coastal Commission’s growing regulatory efforts, many of which threaten property rights and property values. The two organizations are pursuing strategic cooperation on such things as the CCC’s efforts to ban new shoreline protection for coastal bluff and beach homes and to force “managed retreat” of homes and properties without compensation – its official policy to remove structures even if they will not be threatened by sea-rise for many decades into the future. Some individual property owners and HOAs have already been forced to abandon some of their homes or shoreline protection, or have spent hundreds of thousands of dollars to provide mitigation demanded by the Commission. Smart Coast has agreed to participate in future Echo events, including Echo’s planned September 10, 2022, online educational seminar to discuss the coastline, environment, and global warming policy and their impacts

on HOAs. More information will be available on that program in coming weeks. HOA officials and homeowners will find plenty of solid information and guidance on Smart Coast California’s website at Echo’s Coastal Resource Panel was created to educate, inform, and alert coastal HOAs, homeowners, and government officials on concerns about the actions of the Commission and to activate coastal HOA support as needed. Jeff Raimundo, chair of Echo’s Coastal Resource Panel, is seeking volunteers with interest and/or expertise to participate and help track CCC actions and proposals, and to organize responses to objectionable policies.

Jeff Raimundo is a member of Pajaro Dunes North Association and volunteers as the Echo Coastal Resource Panel chair. His email address is

ECHO journal | ISSUE TWO 2022


CEO’s Message Continued from page 6






stop calling it a drought and set the environmental baseline for HOA long-term planning at the new normal level of significantly reduced availability and more costly water. By officially changing the underlying assumptions of HOA planning, the board could then deal with the practical implications of managing assets under the new normal water conditions (defined as persistent drought). The practical implications of accepting this underlying assumption could be astounding. By doing this, boards could better plan for the new normal costs and capital improvements (for example, new water-saving irrigation and a new, droughttolerant plant palette) and

f Ex

c e ll e n t



thereby limit the disruption to the community and set a strategy to more equitably distribute the cost of larger infrastructure improvements. By focusing short-term expenditures on maintenance and minor improvements, which regular assessments and increases will normally cover, the longer-term infrastructure projects (such as the installation of non-potable irrigation systems, retention cisterns, landscaping rule changes and requirements, replumbing and drainage systems, among many others) could be financed by using long-term funding strategies. These funding strategies could be spread over a longer period and be significantly less of a burden to homeowners, especially those on fixed incomes, tight budgets, or those preparing to move.

Our philosophy is simple: We believe in quality, service, performance, uncompromising integrity and taking responsibility. We’ve been helping communities break free from ineffective, status quo HOA management for over 40 years. • Timely and Accurate Financials • Real Time Communication and Responses • Web Based Board & Resident Portals • Certified Managers • 24 Hour on Call Emergency Services

(925) 371-5707 | 30

ISSUE TWO 2022 | ECHO journal

Sometimes it seems we just don’t call out the elephant in the room. Year after year we continue to have great concerns and significant disruptions in HOA communities as state and federal governments declare yet another drought year with restrictions, penalties, and added costs. It is suggested here that HOAs manage for persistent low water years and create strategic plans with expected solutions and investments consistent with a drought year – and establish this environmental reality as the new normal planning baseline. By doing this, the HOA board will be able to better manage community investments and projects to significantly reduce use of water and ensure a functional, beautiful, and healthy community with as little disruption and expense as possible.

Echo 2022 Board Election Announcements Echo will be holding its annual membership meeting and board of director election on November 17, 2022. Candidate nomination application forms can be downloaded from the Echo website or requested via email at elections@echo-ca. org. For the application to be considered by the nominating committee, it must be completed and received by Echo no later than 5:00 p.m., July 31, 2022, in person or via email: For more information, please contact Patty Kurzet or Dave Zepponi.

The Echo Legislation Tracker: 2021–2022 California State Legislative Session AS OF MAY 25, 2022 For more information on HOA Advocacy, visit the Echo website:

The second half of the 2021–2022 California legislative session reconvened on January 3, 2022. The legislative session continues to be calm, with only two significant bills still in play for HOAs, AB-1410 (mandatory education for boards, use of metadata) and AB-916 (accessory dwelling unit ceiling height requirements). The legislative session will adjourn for the summer recess from July 1 through July 31. Legislators should be in their respective districts during this period to meet with constituents, especially since it is an election year. The election is November 8. Finally, the legislative session statutorily adjourns sine die on November 30, 2022, at midnight.


AB-1410 (RODRIGUEZ) – Oppose unless amended SUBJECT: Free speech and mandatory fiduciary ethics and harassment prevention, use of metadata STATUS: Re-referred to Senate Judiciary Committee. Hearing set: 6/14/2022. POSITION: Oppose unless amended. Summary from Senate Analysis: This bill: 1) Allows members or residents of a CID to use social media or other online resources to discuss

development living, association elections, legislation, election to public office, or the initiative, referendum, or recall process even if the discussions are critical of the HOA or its governance. 2) Permits an owner of a separate interest in a CID to rent or lease a portion of the homeowner-occupied separate interest to a renter, lessee, or tenant for more than 30 days. 3) Requires any person serving as a director or employee of an HOA to complete a course on fiduciary ethics and harassment prevention. a. Directors shall complete the course within 60 days of election or reelection to the board. b. Employees shall complete the course within 60 days of being employed and every two years thereafter. c. Directors and employees of an HOA shall attest, in writing, to completion of the course, and the HOA shall retain the attestation for at least three years. 4) Prohibits HOAs from pursuing enforcement actions during declared emergencies if the nature of the emergency makes it unsafe or impossible for the homeowner to either prevent or fix the violation.

5) Requires that an HOA that seeks to impose a monetary penalty against a member shall make any physical evidence used to determine the violation available to the member. a. Any photographs used shall have a visible time and date stamp or be accompanied by digital metadata stating the time and date the photograph was taken. AB-916 (SALAS AND QUIRKSILVA) – Neutral SUBJECT: Zoning: Accessory dwelling units (ADU/JADU): bedroom addition. Ceiling height. Status: In Senate Housing Committee, hearing postponed. POSITION: Neutral SUMMARY: This bill makes changes to existing law governing accessory dwelling units (ADUs) to allow for additional residential square footage on existing residential properties. 1) Prohibits a city or county from adopting or enforcing an ordinance requiring a public hearing for adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing residential unit. 2) Increases the height limit allowance for ADUs to 18 feet on a lot that has an existing multifamily and multistory dwelling. ECHO journal | ISSUE TWO 2022



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ISSUE TWO 2022 | ECHO journal


PAINTS OF A DIFFERENT COLOR Paints and coatings have come a long way over the years. Many formulations offer special benefits to HOAs and can address special needs. For example, paints formulated to be easily washable may be perfect where graffiti or dust is an issue. Specially formulated paints and coatings have been designed to stand up to the salty breezes and windy weather of harsh coastal communities. Continued on page 34

ECHO journal | ISSUE TWO 2022


Paints of a Different Color Continued from page 33

Solar-reflective paints and coatings have been formulated to be environmentally friendly and at the same time particularly effective in helping to cool the exterior envelope of a building. There are many options when considering the type of paint to use, more than those that simply meet the eye! Solar-reflective paints first entered the market in the early 2000s and were shown to improve the energy efficiency of buildings by reflecting heat from the sun and thereby minimizing the heat absorption of the building. These paints protect buildings from the negative effects of scorching surface temperatures and help to minimize the use of air conditioning. Normally, a building acts as a “heat sink” retaining heat – similar to pavement or a stove burner after it has been turned off. To minimize heat retention, the solution is to lessen the amount of solar radiation (infrared [IR], not UV) absorbed by the building by simply reflecting that radiation back into space.

Solar Paint and Coating Selection Metrics When considering the purchase of a newer type of paint, it is important to determine what outcome is expected. Once this is established, then having a basis for comparison is important. Fortunately, most specialty paints have significant data available to aid in buying decisions. In the case of solar-reflective paint, a great deal of research has been done. In fact, the possibilities of effective solar-reflective paints 34

ISSUE TWO 2022 | ECHO journal

were known nearly 40 years ago when they were adopted and used in Australia. The scientific process and studies are quite extensive. Developing the findings to be useful for consumers was often a bigger challenge. In the case of reflective paints and coatings, numerous scientific studies were conducted at federal laboratories to help establish an objective standard for comparison. These included field performance testing and the development of objective

Since preparation and application costs for solar-reflective paint and traditional paint are about the same, it is important for HOA boards to do a rigorous analysis of their paint options. metrics for a new category of paints called cool paints and coatings for the exterior walls of buildings which are solarreflective. Specialized inorganic pigments in these paints and coatings distinguish them from standard pigmented products and reflect the albedo (IR). These paints are measured for solar reflectance (SR, the expression of solar reflectivity from the painted surface), which results in less solar radiation (heat) being absorbed by the surface. Testing of less heat-absorbing or “cool” colors began in the late 1990s, with a notable study conducted by the Lawrence Berkeley National Laboratory (LBNL) in 2004. The

positive findings were followed by testing and studying the effects of cool wall paints in 11 cities across the country by the Oak Ridge National Laboratory (2006). Comprehensive product testing done by LBNL with partner participant manufacturers occurred in 2016-2021 in the Cool Wall Coatings Study. In this study, field tests were performed nationally. In California, various cool coatings products were tested for efficiency. From this study, metrics that can be used by consumers were developed to objectively measure the real-world effects of various paint products on both buildings and local environments.

Wall Rating Program Directory for the Real World Now in 2022, this has culminated in a Wall Rating Program directory, which shows ratings of independently tested manufacturers’ cooling wall products through a nonprofit agency called the Cool Roof Rating Council (CRRC). They have maintained a substantial manufacturer membership and product directory program since 1998 “for evaluating and labelling the radiative properties of roofing (products).” Now with input from paint manufacturers and governmental bodies, they’ve initiated a directory for everything from siding panels to wall paints and coatings to show their tested solar-reflective measurements, so people can evaluate and compare their relative efficiency in reflecting away the sun’s heat.

Sustainable Advantages and Environmental Benefits Cool paints have been improved upon by a small group

of American manufacturers. These paints drive off the direct heat from the sun better than regularly tinted paints. They can be 15 to 50 degrees cooler in color-forcolor comparisons. This means that, for example, a tan color can be 15 to 25 degrees cooler than a regular paint in the same color in direct sunlight. Research also found that solar-reflective paints are formulated for more durability than regular paints. They are engineered to better withstand exposure to solar radiation and not to break down under persistent exposure. Solarreflective paints are engineered to absorb less direct IR from the sun and so hold less heat, measured as “thermal emissivity,” or TE. A true “cool” IR-pigmented, solarreflective paint advantage means the paint stays cooler and lasts longer than regular paints do. Solar reflectance in wall paints generally ranges from 34% to over 70% (.34 to .70 SR), depending on the colors chosen. White colors average .80 SR and higher. California Title 24, a state statute that regulates energy efficiency and sustainability standards for new construction methods, now requires walls to achieve a minimum of .55 SR (55%), which is achieved and even surpassed with many colors in solar-reflective paints. The benefits of these cool wall paints and cool coatings comes from the reduction in wall cavity temperatures, which results in lowered interior wall temperatures. Cooler wall temperatures means that the air conditioning doesn’t need to work as hard to cool the room, and electrical energy is saved. Specific repaint colors are often required per HOA

Professional Service Delivered Personally. ACE Property Management provides a complete range of management services to homeowners associations.

408.217.2882 |

(408) 345-4000 We counsel: • Condominium Associations • Planned Unit Developments

• Mixed Use Associations • Commercial Associations

We provide general counsel to Associations including the following services: • Construction Defect and Civil Litigation • Dispute Resolution

architectural rules. These colors are matched and optimized by the paint manufacturer for the best achievable SR for each color. However, when optimizing radiation reflection, some colors are more efficient than others. This is so even for insulated buildings in hotter climates. During the late afternoon, the concentration of the sun’s heat builds up and does penetrate walls and roofs enough to cause the air conditioning to start; in other words, cooling capacity needs to increase. With these products, the result is an energy cost savings. Given that preparation and application costs for solarreflective paint and traditional paint are about the same, it is important for HOA boards to do a much more rigorous analysis of their paint options. The per-gallon

• Governing Document Interpretation • Governing Document Revisions • CC&R and Rules Enforcement

price of solar-reflective paint may be higher than that of traditional paint, but the environmental benefits, electrical energy savings, and longevity of the paint may prove more beneficial than simply going with the cheapest pergallon solution. Michael Biel is a founder and vice president of The Ultimate Coatings Company LLC (founded in 2005), makers of the premium, solarreflective, IRpigmented, acrylic cool wall paints and the cool roof coatings THERMO-SEAL® and ECO-THERM® Elastomeric. He has a decades-long background in the paint contracting and roof coatings industries. His inspiration has been to make a difference for the planet with paints that actually help the environment, and he credits his grandmother, Dora, for love of the paint business (she operated three stores for nearly 30 years).

ECHO journal | ISSUE TWO 2022





CM Squared, Inc. Construction Management

Allen & Cook, Inc.

1530 The Alameda, Ste. 200 San Jose, CA 95126 (408) 293-3004

Butner Homeowner Association Services

P.O. Box 1999 Mammoth Lakes, CA 93546 (760) 934-8589

IQV Construction & Roofing CID Consortium, LLC

Brenda Lynch 919 Reserve Dr. Roseville, CA 95678 (888) 786-6000 (707) 484-9729 (cell) See our advertorial on page 21

CONSULTANTS Association Consulting Group CID Consortium, LLC

Brenda Lynch 919 Reserve Dr. Roseville, CA 95678 (888) 786-6000 (707) 484-9729 (cell) See our advertorial on page 21

CondoCPA, Inc.

101 Cooper St., #307 Santa Cruz, CA 95060 (831) 296-0645

HOA Accounting Services 3100 Clayton Road Concord, CA 94519 (888) 854-9444

Lara Marcello CPA & Consultant 303 Twin Dolphin Dr., Ste. 600 Redwood City, CA 94065 (650) 632-4211

Levy, Erlanger & Company LLP 290 King St., Ste. 12 San Francisco, CA 94107 (415) 981-9350

Pribramsky & Company, CPAs 1010 Kennedy Dr., Ste. 201 Key West, FL 33040 (305) 294-8137

Young, Craig & Co., LLP, CPAs 2570 W. El Camino Real, Ste. 150 Mountain View, CA 94040 (650) 209-1800


12090 N. Thornydale Road, Ste. 110 PMB #141 Marana, AZ 85658 (925) 895-2484

Divergent Group

510 Rio Grand Court Morgan Hill, CA 95037 (408) 766-4178

CONSTRUCTION & GENERAL CONTRACTORS AWT Construction Group, Inc. James Kint 77 Solano Square, Ste. 300 Benicia, CA 94510 (707) 746-7500

Axis Construction

2566 Barrington Court Hayward, CA 94545 (510) 732-6111

Construction Services, Inc. P.O. Box 54190 San Jose, CA 95154 (408) 210-6344

EmpireWorks Reconstruction and Painting

Daisy Ortiz 877 Chestnut St. San Jose, CA 95110 (408) 638-5520 See our advertorial on page 25

8921 Murray Ave. Gilroy, CA 95020 (408) 848-8118

ISSUE TWO 2022 | ECHO journal

PIE Consulting & Engineering 6275 Joyce Dr., Ste. 200 Arvada, CA 80403 (855) 380-8812

Unlimited Property Services, Inc. Saarman Construction, Ltd. Dave Mangini 683 McAllister St. San Francisco, CA 94102 (415) 749-2700

Skuba Construction Services, Inc.

5356 Clayton Road, Ste. 125 Concord, CA 94521 (925) 689-5900

Velocity Construction Services, Inc. 4123 Pestana Place Fremont, CA 94538 (510) 657-6432

CONSTRUCTION MANAGEMENT All Bay Construction Solutions, Inc.

818 East 18th St. Antioch, CA 94509 (925) 206-2374

Brook Construction Management

6475 Camden Ave., Ste. 202 San Jose, CA 95120 (408) 398-6421

840 Williams St. San Leandro, CA 94577 (888) 278-8200

The G.B. Group, Inc.,

39899 Balentine Dr., Ste. 200 Newark, CA 94560 (800) 262-4047

C.L. Sigler & Associates, Inc. Chris Sigler 521 Charcot Ave., Ste. 203 San Jose, CA 9513 (408) 922-0262

2250 Central Ave., Ste. A Richmond, CA 94801 (510) 715-0653


The Miller Law Firm

Rachel M. Miller, Esq. 595 Pacific Ave., Fourth Floor San Francisco, CA 94133 (415) 437-1800 See our advertorial on page 13

DECK INSPECTIONS Aquatech Consultancy, Inc.

1777 N. California Blvd., Ste. 210 Walnut Creek, CA 94596 (415) 884-2121

B2R Consulting Group

1740 W. Katella Ave., Ste. L Orange, CA 92867 (714) 744-6100, Ext. 201

Deck & Balcony Inspections, Inc. Statewide (916) 238-0618

Pacific InterWest Apartment Inspection Services 1600 S. Main St., Ste. 380 Walnut Creek, CA 94596 (925) 64-8125




Liberty HOA Election Services, Inc.

9500 Soquel Dr. Aptos, CA 95003 (831) 685-0101

1175 Branham Ln., #18787 San Jose, CA 95118 (408) 482-3525

Professional Association Services, Inc. 42612 Christy St. Fremont, CA 94538 (707) 539-5810, Ext. 352

Professional Election Inspectors PO Box 659 Murphys, CA 95247 (209) 559-1448


Allanson Insurance Agency

Bay Area Insurance Agency, Inc. 3 Lagoon Dr., #260 Redwood City, CA 94065 (650) 654-9750

Roxanne Jolicoeur, VP NoCal (925) 963-9733 Cell See our advertorial on page 17

Heritage Bank of Commerce

Leonel Soto 150 Almaden Blvd. San Jose, CA 95113 (844) 489-0999

Pacific Western Bank

895 Dove St., #425 Newport Beach, CA 92660 (760) 432-1335

Tri Counties Bank 3700 Douglas Blvd. Roseville, CA 95661 (916) 597-3228

FIREPLACE SERVICE & MAINTENANCE Dryer Duct Vent & Fireplace Company 1538 San Joaquin Ave. San Jose, CA 95118 (408) 265-1010

Alpine Landscapes

Motus Earthquake Insurance Services

Botanicon, Inc.

10636 Scripps Summit Ct., Ste. 110 San Diego, CA 92131 (619) 822-0756

Boland Insurance, Inc.

Kevin Boland 1202 Grant Ave., Ste. E Novato, CA 94945 (415) 898-4370

Kelly Hadlock 7039 Commerce Circle, Ste. B Pleasanton, CA 94588 (925) 348-4178

Spina Insurance Agency

Del Conte’s Landscaping, Inc.

530-A Alameda Del Prado, Ste. A Novato, CA 94949 (415) 382-9714


Daniel W. Davis Insurance Solutions LLC

Sayler Design, Inc.

David Stompe Insurance Agency 100 Galli Dr., Ste. 5 Novato, CA 94949 (415) 878-1394

BrightView Landscape Services

1350 Old Bayshore Hwy., Ste. 630 Burlingame, CA 94010 (650) 312-9300

12400 Wilshire Blvd., #200 Los Angeles, CA 90025 (800) 966-9566

6472 Camden Ave., # 112 San Jose, CA 95120 (408) 600-3100

8595 Murray Ave. Gilroy, CA 95020 (408) 846-9511 P.O. Box 371382 San Diego, CA 92137 (619) 513-0033

116 W. 23rd St. New York, NY 10011 (212) 851-8433

Socher Insurance Agency, Inc.

Cline Agency Insurance Brokers CIT Bank – A Division of First Citizens Bank

Kirk Miller Insurance Agency

41900 Boscell Road Fremont, CA 94538 (510) 353-6030

Enviro View, Inc.

2701 Goodrick Ave. Richmond, CA 94801 (510) 672-3333

JPA Landscape & Construction, Inc.

611 South B St. San Mateo, CA 94401 Mary Anne Sayler, Principal (650) 348-0100 See our advertorial on page 23

P.O. Box 1292 Pleasanton, CA 94566 (925) 960-9602

K&D Landscaping, Inc.


62-C Hangar Way Watsonville, CA 95076 (831) 728-4018

George Petersen Insurance Agency 175 West College Ave. Santa Rosa, CA 95402 (707) 525-4186

Kelly Lux State Farm Insurance 2221 Harbor Bay Parkway Alameda, CA 94502 (510) 521-1222

Kevin Davis Insurance Services 725 S. Figueroa St., 19th Floor Los Angeles, CA 90017 (213) 833-6191

Landesign Construction & Maintenance, Inc.

Reece Boles P.O. Box 2326 Santa Rosa, CA 95405 (707) 578-2657

LANDSCAPE SERVICES & MAINTENANCE Aragon Commercial Landscaping, Inc.

2305 S. Vasco Road Livermore, CA 94550 (408) 998-0600

Landesign Construction & Maintenance, Inc.

Reece Boles P.O. Box 2326 Santa Rosa, CA 95405 (707) 578-2657

Park West Landscape Management 836 Jury Court, Ste. 10 San Jose, CA 95112 (408) 228-2710

ECHO journal | ISSUE TWO 2022






1300 Clay St., Ste. 600 Oakland, CA 94612 (510) 409-4033

50 Castilian Dr. Goleta, CA 93117 (888) 700-8299

Forticon The Ultimate Coatings Company LLC

11626 Wolf Road Grass Valley, CA 95949 (530) 205-6912

Michael Biel 2801-B Vassar St. Reno, NV 89502 (415) 726-0551 See our advertorial on page 27

Bluejay HOA



1601 Excelsior Ave. Oakland, CA 94602 (303) 250-5534

Community Financials

7 W. Figueroa St., Ste. 300 Santa Barbara, CA 93101 (833) 266-3646

HOA Alchemy, LLC

2751 Chocolate St. Pleasanton, CA 94588 (925) 520-5003

Homey Group, Inc.

1189 Tennessee St., #204 San Francisco, CA 94107 (925) 286-2612


833 Case St., Ste. 1 La Mesa, CA 91942 (949) 521-0088

Allstar Painting & Maintenance, Inc.

10638 Hillside Ln. Carmel, CA 93923 (831) 277-7497

616 South B St. San Mateo, CA 94401-4121 (650) 339-8523


3230 Darby Common, Ste. A Fremont, CA 94539 (408) 224-2154

PEST CONTROL Presto Pest Control

117 Bryant Road, Ste. 339 San Jose, CA 95119 (408) 966-8600

Westlake Roofing Solutions

Donna Vingo –HOA Roofing Specialist 16500 Dutch Mine Road Jamestown, CA 95327 (209) 252-2359 See our advertorial on page 5

AquaTek Plumbing, Inc.

Electronic Innovations, Inc.

PO Box 32941 San Jose, CA 95152 (408) 712-9674

P.O. Box 23271 San Jose, CA 95153 (408) 295-7767

21 Parr Blvd. Richmond, CA 94801 (510) 233-2795

Ekim Painting



Cool Pool Service, Inc.

390 E. Gish Road San Jose, CA 95112 (408) 995-6900

10200 Imperial Ave. Cupertino, CA 95014 (408) 996-3897

Flores Painting & Drywall

2485 Autumnvale Dr., Ste. F San Jose, CA 95131 (408) 942-1177

MB Jessee Painting

R. E. Broocker Co., Inc.

Kelly-Moore Paint Co., Inc.

TARC Construction, Inc.

C & A Painting

Benjamin Moore & Co.

690 N. Winchester Blvd. San Jose, CA 95128 (408) 826-9653




Dunn-Edwards Paint Corporation

1058 Ashford Ln. Lincoln, CA 95648 (916) 995-3948


1552 Beach St., Ste. G Oakland, CA 94608 (510) 851-0050

8350 Pardee Dr. Oakland, CA 94561 (510) 491-1525

IKO Roofing

1771 Woodside Road Redwood City, CA 94061 (650) 592-5898

Urban Bros. Painting, Inc. 155 E. Campbell Ave. Campbell, CA 95008 (415) 485-1130

Varsity Painting

1620 Tice Valley Blvd. Walnut Creek, CA 94595 (925) 937-0434

ISSUE TWO 2022 | ECHO journal

2471 Old Middlefield Way Mountain View, CA 94043 (650) 949-2435

RESTORATION & CLEAN-UP Authentic Restoration & Waterproofing, Inc.

25005 Viking St. Hayward, CA 94545 (510) 732-5400

Restoration Management Company 4142 Point Eden Way Hayward, CA 94545 (925) 708-0985

ROOFING CONTRACTORS All Seasons Roofing Services 1720 Smith Ave. San Jose, CA 95112 (408) 971-4455

Fidelity Roof Company, Inc. 1075 40th St. Oakland, CA 94608 (510) 547-6330

Morris and Sons Towing

Rebello’s Towing Services, Inc. 696 Kings Row San Jose, CA 95112 (408) 292-8300


2337 American Ave. Hayward, CA 94545 (888) 969-8733

Skyline Tree Surgeons, Inc. 2305 S. Vasco Road Livermore, CA 94550 (408) 998-0600




Which enables our professional staff of including 6 CPAs and 6 CPA candidates (growing to almost 20 professionals during “tax season” from January to April) to ...




2 100%

Almost of our clients are homeowners associations, planned unit developments, condominiums, condominium conversions, COOPs, tenancies in common and timeshare projects ...


Since 1977 — more than

40 years’ experience ...


Working with approximately management companies in Northern California out of a total of 300 serving community associations ...



Serving more than community associations (3 to 6,700 units) in Northern California out of a total of approximately 17,000 ...

wide range of services

Provide a to community associations including …

• Financial statements • Annual budget reports (pro • Inspector of election and income tax returns forma budget + assessment/ services — audits, reviews and reserve funding summary) • Board and member compilations • Pro forma operating budgets meeting presentations • Comparative 2-year and PUPM assessment • Litigation support financial statements— computations services (developer more meaningful to readers • Assessment and reserve budget adequacy, • Reserve funding plans, funding disclosure summaries fraud investigation, owner complaints, etc.) or updates

Including some

unique publications & services

• 2020 Condominium Greenbook™, the 290-page financial reference book for Association treasurers • 2020 Community Association Financial Survey of over 1,500 associations

• A Management Fee Survey of more than 1,900 associations • ...and numerous other surveys of reserve study practices, percent funded, etc.


As well as more than 40 years of important business contacts to help associations connect with the


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2022 STATUTE BOOK IS HERE! The 2022 Statute Book is now available in an expanded version to include the annotated Davis-Stirling Act and other laws and case citations governing California community associations. This comprehensive reference provides the legal framework for HOA board members, homeowners, and professionals in an easy-to-use coil bound format.

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