Echo Journal June 2024

AVOID INSURANCE DENIAL

BY MAINTAINING YOUR HOA

HOW TO RESOLVE DIFFERENCES WITHIN HOAs

PROFESSIONAL SERVICE PROVIDER DIRECTORY

Proper maintenance and planning can keep your HOA insured

Tools available to resolve conflict within HOAs

Find qualified experts for your HOA

PAGE 14

PAGE 22

PAGE 35

SERVING HOA BOARD MEMBERS & HOMEOWNERS

JUNE 2024

It’s All in the Details

Pros, Cons & Best Practices for Construction Contracts

PROFESSIONAL SERVICE PROVIDER SHOWCASE

Your HOA

Banking Specialist

Treasury Services • Web-Based Payment Portal • Integration Services • Operating and Reserve Accounts • Local Lockbox Processing • HOA Loans • Placement Services for Excess Reserves •

Equal Housing Lender

Supporting Member of

Equal Housing Lender

A Dedicated HOA Department Here For You

Equal Housing Lender

Give us a call today 844.489.0999 www.HeritageBankofCommerce.bank

Member FDIC

MISSION STATEMENT Fostering a better quality of life in community associations through education, advocacy and networking.

Echo 5669 Snell Ave., #249 San Jose, CA 95123 408.297.3246 | info@echo-ca.org www.echo-ca.org BOARD OF DIRECTORS & OFFICERS PRESIDENT

DIRECTORS

Adam Haney

Rolf Crocker

VICE PRESIDENT Mark T. Guithues, Esq.

Sarah Dunia J. Spencer Edgett, Esq. John Gill, Esq.

TREASURER

David Hughes

Karl Lofthouse

David Levy, CPA

SECRETARY

Nathan McGuire, Esq., CCAL

Brian Campisi

Lisa Triplett Kelly Zibell

BENEFACTOR MEMBER Donald W. Haney, CPA CID Consortium, LLC CHIEF EXECUTIVE OFFICER

David Zepponi | dzepponi@echo-ca.org OPERATIONS MANAGER

Connor Zepponi | connor@echo-ca.org MEMBERSHIP & SALES MANAGER

Jacqueline Price | jprice@echo-ca.org PUBLICATIONS EXPEDITOR

Click to Visit the Echo YouTube Channel

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.

The presentations referenced below are a sampling of what is available to our valuable members. Click a title to watch!

Pam Grove | pgrove@echo-ca.org MEMBER ENGAGEMENT COORDINATOR

Community Conversation: Better Meetings & the Open Meeting Act

Jared Giguere | jared@echo-ca.org

Community Conversation: HOA Elections & Understanding the Role of an Inspector of Elections

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.

Community Conversation: Dealing with Homeowner Apathy Community Conversation: HOA Taxes and Other Accounting Conversations Selecting and Working with an HOA Attorney Elections: Notices, Ballots and Legal Requirements Governing Documents: Is It Time to Update?

Community Crime – Prevention and Safety

© 2024 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 www.echo-ca.org ECHO journal | JUNE 2024

3

14 Features 8

It’s All in the Details – Pros, Cons & Best Practices for Construction Contracts

BY JOHN F. BAUMGARDNER, ESQ.

14

Avoid Insurance Denial by Maintaining Your HOA

BY DONNA VINGO

22

How to Resolve Differences Within HOAs

BY ALPA AGARWAL AND MARK T. GUITHUES, ESQ.

Happenings 6

22

Professional Service Provider Directory 4

JUNE 2024 | ECHO journal

35

CEO’s Message: Finding Joy

BY DAVID ZEPPONI

20

Echo In-Person Events

24

Echo Board of Directors Candidacy and Election Announcement

28

Welcome to Our New Professional Service Providers

30

Echo Legislation Tracker Pending Bills: The 2024 Legislature Is in Full Swing

BY NATHAN MCGUIRE, ESQ.

35

2024 Professional Service Provider Directory

Back Cover

Online Educational Offerings – Register Today!

ECHO journal | JUNE 2024

5

CEO’S MESSAGE

Raison d’Etre – The Reason for B

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

The phrase engenders humanity. The words roll from one’s to stark business senses and adds the element of humanity to a board: Strategic planning, execution and evaluation; miss Theservice business realities should behoping reflective of c A while back I was talking withmanagement. one of the professional providers – well, maybe more for a sympathetic ear while opining about the lack of of resources and progress toward achieving common values individuals in the community.

Finding Joy

Echo’s goals – when she asked, “Dave, where do you find joy in your work?” The question stopped Communities are imperfect because they are made of human me dead in my thoughts. Really, that is the quintessential question: – Where’s the joy?

relating. Humans using. Human living. Basically, humans be

All board members should continually search for the joy, especially since the job of board director being human, communities sometimes forget that manage seems thankless and grinding. If we allow the pall of negativism to frame our consciousness, the norms for a successful community. In a sense, the work becomes drudgery and aestablish chore, tiresome and uninteresting.

the community. Its purpose is to establish order and elevat

To be fair, the work can become routine, but board members should derive satisfaction progress and pace by establishing normsfrom and constraints t knowing their contributions to the community are essential to the safety and well-being of the to benefit all. many families and visitors in their HOA. I encourage you to take a step back and ask this simple and profound question: “Where do It you find joy apparent in your work on theboard board?” leadership The answer should giveunderstand you seems that must a the energy to deal with the routine, to accomplish great things, and to do this while knowing your owners in order to orchestrate a sense of community and ge service is giving joy to so many others – even though they may not realize it.

and protect community values. The purpose of a board, theref As for me, my joy is found in the wonderful homeowners and residents who have values touched my build community based on common forlife, the good of a

and who have allowed me to enter theirs, even if I just listen. I find joy in knowing that the programs It takes time to a community.

Itwho takes to know and services of Echo are important and valuable to orchestrate help build community among those live time in common interest developments.

In theto end, that’sto really it’s all and about:build findingajoy in our duty time listen thewhat voices vision reflective of co and responsibility to be available and to help others.

and you will be more effective as a board member and satisfi your reason for being on the board.

ECHO is committed to helping homeowner boards and reside ing and advocacy – this is our “raison d’etre”.

Sincerely,

ECHO CHIEF EXECUTIVE OFFICER

6

JUNE 2024 | ECHO journal

David Zepponi Executive Director

Your dedicated partner in community building.

Where community is at the heart of everything we do.

Gets Things Done  graysoncm.com

 888.277.5580

THE ALAMEDA, SUITE 625  1625 SAN JOSE, CA 95126

ECHO journal | JUNE 2024

7

It’s All in the Details Construction Contracts: Pros, Cons & Best Practices

BY JOHN F. BAUMGARDNER, ESQ.

As January 1, 2025, approaches, residential common interest developments (“associations”) must comply with the inspection and repair requirements for exterior elevated elements (i.e., privacy decks, elevated walkways, etc.) mandated by Cal. Civil Code § 5551, more commonly known as SB-326, or the Balcony Bill.

To determine whether exterior elevated elements of an association are safe, the association must retain a licensed structural engineer or architect to perform a “reasonably competent and diligent visual inspection” of these components.

(See Cal. Civil Code § 5551 (b) (1)-(2).) If repairs are necessary, the association is required to hire additional construction professionals to design and implement the needed repairs, which may include hiring a licensed general contractor, construction manager, and/or

8

JUNE 2024 | ECHO journal

other design professionals. At each stage of the process, these construction professionals will present contracts for an association to execute different key contract terms including insurance requirements, indemnity provisions, and limitations on liability. Every association’s board of directors and community manager should understand the basics of construction contracts so they can meaningfully engage with their legal counsel and construction professionals before executing an agreement.

Licensed and Insured Construction Professionals The most basic step an association can take to protect itself is to confirm that any construction professional selected is properly licensed and insured. Even for small jobs, there are potentially large ramifications for hiring an unlicensed contractor. If the contractor or their worker is injured, the association may be liable for personal injury damages. If an unlicensed contractor’s work causes damage to a neighboring property or a member’s separate

By John F. Baumgardner, Esq.

interest, the association could be liable. Additionally, the association’s insurance may include provisions voiding any coverage for work performed by an unlicensed contractor, leaving the association and its members financially exposed.

Even if a contractor advertises that they are licensed and insured, the association should take additional steps to verify this. The California Contractors State License Board has a website (www.cslb.ca.gov) that provides a free online lookup service on the license status of a contractor by license number, business name,

and personnel name.

The search results will reveal the contractor’s business address, date of license expiration, license classifications, bonding information, and whether the contractor has workers’ compensation insurance.

Similar license status information is available online for architects and professional engineers.

To determine whether a construction professional is adequately insured, the association must perform additional due diligence, because insurance coverage information is not provided by the licensing boards.

Given this limitation, an association should, at a minimum, request that

Every association’s board of directors and community manager should understand the basics of construction contracts so they can meaningfully engage with their legal counsel and construction professionals before executing an agreement.

Continued on page 10 ECHO journal | JUNE 2024

9

It’s All in the Details Continued from page 9

the contractor provide a current certificate of insurance (COI) that provides proof of coverage for commercial general liability, completed operations, and workers’ compensation. Taking these steps will help reduce the potential for the association to be exposed to liability.

Defense and Indemnity Provisions An association can also receive liability protection through various contractual provisions.

Defense and indemnity provisions protect an association from incurring litigation costs resulting from the actions of a construction professional. “Indemnity may be defined as the obligation resting on one party to make good a loss or damage another party has incurred” (Oltmans Construction Co. v. Bayside Interiors Inc. (2017) 10 Cal. App. 5th 355, 361). However, the “duty to defend is broader than [a] duty to indemnify. The…duty [to indemnify] runs only to claims that are actually covered…while the duty to defend extends to claims that are merely potentially covered.” (Crawford v. Weather Shield Mfg. Inc. (2008) 44 Cal. 4th 541, 547).

These provisions may be applied only to the contractor’s actions or they may be mutual (i.e., they may provide the construction professional with protection against negligence of the association as well). However, no party to a construction contract can be indemnified for damages arising from their “sole negligence or willful misconduct” (Cal. Civil Code § 2782). Given the protections offered by defense 10

JUNE 2024 | ECHO journal

and indemnity provisions, an association should request that they be included in any contract with a construction professional.

Additional Insured Provisions Defense and indemnity protections can also be enhanced by a contractual requirement that the association be named as an additional insured on the construction professional’s general liability policy. “Additional insured status provides that person or entity with rights available to an insured under the policy, including the rights of defense and indemnification, subject to the terms and conditions of the policy” (Croskey et al., Cal. Practice Guide: Insurance Litigation, The Rutter Group (2016) ¶ 7:1407). Further, an additional insured requirement may provide more expansive protections than a contractual defense and indemnity provision.

This will also allow an association to tender a claim directly to the insurance carrier if a suit is filed, rather than having to go through the construction professional. If an association is a contractual additional insured, it should request a copy of a certificate of insurance naming it as an additional insured, as well as a copy of the underlying insurance policy.

Contractual Limitations of Liability Although contract terms can shield an association from liability, they can also be used to restrict the right of an association to pursue a claim. A common provision found in the contracts of design professionals (e.g., architects) are limitation of liability clauses. These provisions

are commonly drafted to state that “the liability of the architect shall be limited to the amount of the contract price or total amount paid for services.”

These limitation of liability clauses “have long been recognized as valid in California” (Markborough California Inc. v. Superior Court (1991) 227 Cal. App. 3d 705, 714). “Under California law, parties may agree by their contract to the limitation of their liability in the event of a breach” (National Rural Telecommunications Coop. v. DirecTV Inc. (CD. Cal. 2003) 319 F. Supp. 2d 1040, 1048).

Generally, “a limitation of liability clause is intended to protect the wrongdoer defendant from unlimited liability” (Food Safety Net Services v. Eco Safe Systems USA Inc. (2012) 209 Cal. App. 4th 1118, 1126).

Under the above provision and California case law, an association could be limited in the amount of damages it could recover from a design professional for a design defect, even if it resulted in millions of dollars of damage.

An association must evaluate the scope of the work being performed against the potential risks to determine whether it can accept such a limitation.

Waiver of Jury Trial Parties can also contractually alter statutory and constitutional rights. For example, California and federal law permit parties to consent to a pre-dispute waiver of a jury trial through an arbitration agreement or judicial reference (see Armendariz v.

Foundation Health Psychcare Services Inc. (2000) 24 Cal. 4th 83, 97: California and federal Continued on page 12

NORTHERN CALIFORNIA & BAY AREA PROFESSIONAL SERVICE PROVIDER SHOWCASE ADVERTORIAL

IQV CONSTRUCTION & ROOFING IQV specializes in complex reconstruction projects for Northern California & Bay Area HOAs

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.

We proudly service six counties in the greater Bay Area: Alameda, Contra Costa, Monterey, San Mateo, Santa Clara, and Santa Cruz.

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.

Services include: • Stairways, Landings & Catwalks • Decks & Balconies • Posts & Beams • Siding & Trim

• Windows & Doors • SB 721 & SB 326 • Leak & Repair Services • Gutter & Downspout Installation

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.

Request a Proposal! proposalrequest@iqvinc.com 408.638.5500 www.iqvinc.com

ECHO journal | JUNE 2024

11

It’s All in the Details Continued from page 10

law both favor enforcement of valid arbitration agreements).

It should also be noted that neither a contractual, pre-dispute arbitration nor a reference provision requires an express waiver of a jury trial for a court to find in favor of such a waiver (see Madden v. Kaiser Foundation Hospitals (1976) 17 Cal. 3d 699: an otherwise enforceable agreement to arbitrate need not contain an express waiver of the right to a jury trial; in O’Donoghue v.

Superior Court (2013) 219 Cal. App. 4th 245, 256, the court declines to establish a “rule requiring pre-dispute reference agreements to contain explicit language waiving the right to a jury trial”).

While these provisions both result in a waiver of a jury trial,

a judicial reference hearing generally retains all the discovery and appellate rights afforded to parties in a superior court action.

Unlike a judicial reference, an arbitration provision can limit a party’s right to discovery and require an arbitrator to issue a binding decision with limited rights to appeal. An association must weigh the potential negatives against the potential benefits of these alternate forms of dispute resolution (including expedience and confidentiality) before consenting to waive its right to a jury trial.

Conclusion Contractual provisions can be complex and filled with legalese.

Since a single word or phrase can change the scope of the contract, an association should engage its general counsel to review

the proposed contracts, explain proposed provisions, and offer potential revisions. This will allow the association to familiarize itself with any potential future risks before executing the contract.

By taking appropriate steps and understanding these basic contractual terms, an association can limit potential liabilities and future unanticipated costs to its membership.

John F. Baumgardner, Esq., is an attorney at Chapman & Intrieri, LLP, a law firm with offices in Northern and Southern California, and has been with the firm since 2014.

Mr. Baumgardner’s practice focuses mainly on representing homeowners associations’ boards of directors and complex construction defect disputes.

SPECIALIZING IN HOA INSURANCE SINCE 1984!

■ Get the most value out ofyour association's policy! Work with Experts!

■ Insurance coverages designed & tailored for common interest developments.

■ Providing Enhanced D&O coverage and Guaranteed Replacement Cost coverage.

Christi Spina Your Local Agent CA License# 0E13855 3900 Mayette Ave Santa Rosa, CA 95405 CSPINA@FARMERSAGENT.COM

Our office locations are in Novato and Santa Rosa, to better serve Marin and Sonoma Counties. We've worked with hundreds of associations all over the Bay Area.

https://agents.farmers.com/cspina

Call 707-523-3006 today!

Let me help you get smart about your coverage options.

Restrictions apply. Discounts may va,y. Not available in all states. See your agent for details. Insurance is underwritten 1:1)1 Farme,s Insurance Exdlarge and other affiliated insurance oompanies. Visit farmers.com for a complete listing of companies. Not all insurers are authorized to provide insurance in all states. Cowrage is not available in all states.

12

JUNE 2024 | ECHO journal

FARMERS INSURANCE

16446432

STAT E W I DE PROFESSIONAL SERVICE PROVIDER SHOWCASE ADVERTORIAL

WESTLAKE ROYAL ROOFING SOLUTIONS™ A leader in the innovation, design, and production of exterior and interior building products • CLASS A FIRE – when used with Westlake’s Sol R Skin Blue underlayment provides 4-in1 protection - Class A Fire, weatherproofing, 5.5 R-value insulation and a reflective barrier.

• 50-YEAR FULLY TRANSFERABLE LIMITED WARRANTY – One of the most fully transferable roofing warranties available today.

Westlake Royal Roofing Solutions is a recognized, national leader in durable and sustainable clay, composite, concrete, and steel roof systems and components.

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

• INSURANCE DISCOUNTS – Check with your insurance provider, roofer and energy provider for exact savings/rates for your home.

• WIDE RANGE OF COLORS – Westlake Royal Roofing offers a wide range of profiles and colors to suit any architectural style.

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.

• MOST PERMANENT REROOF SOLUTION – Unified Steel roof will last almost 3 times as long as an asphalt shingle.

• ENERGY SAVINGS – Above Sheathing Ventilation makes Stone Coated Steel the only “Cool Roof ” by design doesn’t rely on color or reflectivity to be a cool roof.

Donna Vingo dvingo@westlake.com (209) 252-2359 westlakeroyalroofing.com ECHO journal | JUNE 2024

13

Avoid Insurance Denial

By Maintaining Your HOA

BY DONNA VINGO

14

JUNE 2024 | ECHO journal

The current insurance crisis in California is due to many factors including wildfires, rising supply costs, labor shortages, and more.

The insurance industry in California is in crisis. Proper maintenance and planning can help keep your HOA insured.

This article gives tips to HOA boards and community managers on how to provide your HOA broker with the information that is now required by insurance companies and underwriters to renew your HOA insurance. This is important because the HOA is a corporation that is required to have insurance coverage for its assets.

The current insurance crisis in California is due to many factors including wildfires, rising supply costs, labor shortages, and more. Allstate, State Farm, and Farmers are exiting the California insurance market. These companies are not writing new policies, and in many cases, they are not renewing policies. Earlier this year State Farm Insurance announced that it would be canceling 72,000 existing policies in 2024.

According to Charlotte Allen of Socher Insurance (a leader in the HOA insurance industry), current insurance carrier trends include the following:

• Insurance companies are scrutinizing what they will write coverage for.

• Some carriers are not renewing policies they have written (in some cases policies they have held for years).

• Some carriers have the capacity to offer only limited insurance amounts.

• Some insureds are being forced into nonstandard insurance markets (surplus lines), which drives premium increases.

The following factors could affect getting a quote/coverage: • Loss history • Dangerous conditions (including older infrastructure) • Insurable amounts • Open claims • Lack of maintenance • Electrical panels (Zinsco, Federal Pacific, Stab-Lok, and others) Some options for HOAs: • Proactively resolving infrastructure issues to avoid nonrenewal • Complying with loss control recommendations • Being proactive (in general) and doing everything possible to avoid loss Continued on page 16

The most important thing for HOA boards to do is to take a proactive approach.

ECHO journal | JUNE 2024

15

Avoid Insurance Denial …

Continued from page 15

• Establishing clear communication to prevent confusion (e.g., making it clear where association insurance ends and HO6/HO3 insurance begins) The most important thing for HOA boards to do is take a proactive approach. Insurance policies are not meant to cover necessary maintenance, so deferred maintenance must be addressed now. Fannie Mae has updated its Condominium Project Questionnaire (Form 1076) to include questions about HOA deferred maintenance or replacement items and the schedule for addressing these deferred items.

Reroofing should be included in an HOA’s proactive approach to avoiding nonrenewal, since reroofing is usually the largest line item in an HOA’s reserve budget. Factors that could affect getting a roofing quote are as follows: • Loss History – Water intrusion is responsible for the vast majority of claims, and the roof plays a large part in preventing water intrusion.

• Dangerous Conditions – This is due to older infrastructure. Reroofing is frequently deferred because of the expense and the HOA board not having the information needed to make an informed decision.

• Open Claims – Again, water intrusion is the most common reason for claims, and roof leaks

Insurance policies are not meant to cover necessary maintenance, so deferred maintenance must be addressed now.

are typically the cause. Educating homeowners on the difference between HO3 and HO6 insurance will help get open claims resolved as soon as possible.

• Lack of Maintenance – Very few HOAs keep adequate maintenance records, and insurance underwriters now require maintenance records if roofs are approaching or are at 20 years of age.

Proactive Steps That HOA Boards Can Take 1. Reroof when needed. Reroofing a mediumsized HOA (50–100+ condo units) will take approximately three to five years, from initial board decision to starting the reroofing process to replacement completion.

2. Review the reserve budget. For HOA roofs that are approaching or are older than 20 years, some underwriters are now requiring a complete maintenance record and a schedule for when the roof(s) will be replaced. a. Review major components of the reserve budget to determine age of roof and expected life. The California Department of Real Estate provides a table of roof life expectancy by type. The latest report, published in 2015, lists an expected 20-year life for asphalt and fiberglass composition shingle roofs and a 35-year life for concrete, clay, and metal roofs. b. Per the California Department of Real Estate: Note: Projects over 10 years old are required to have i. a roof certification completed by a licensed roofing contractor.

The certification should indicate the estimated remaining life of the roof and the cost to replace.

A copy of the certification must be included with the Duplicate Budget Package (DBP).

3. All roof maintenance records should be collected for the insurance broker.

4. Has the board deferred roof maintenance or replacement?

5. HOA board education: Has the board received the necessary education on roof replacement products available and the HOA reroofing process? (This information can be obtained Continued on page 18

16

JUNE 2024 | ECHO journal

SERVING SANTA CLARA & SANTA CRUZ COUNTIES PROFESSIONAL SERVICE PROVIDER SHOWCASE ADVERTORIAL

VALIANT PRIVATE SECURITY Licensed | Professional | Experienced

“...If you are considering Valiant Private Security, you are considering the VERY BEST.” James A. Gaggero, Police Officer,West Valley-Mission P.D.

VALIANT Private Security provides professional, proactive, service-oriented, full-spectrum security that adds value to homeowner associations by creating safer environments and communities.

We aim to set the standards high and then meet or exceed those standards.

At VALIANT Private Security we hire and train only the best in the security field. By providing customtailored security services that help to keep communities safe, we are raising the bar for private security. We work in partnership with local resources to better serve and protect our client’s property, employees, and interests.

We specialize in designing security programs around existing security budgets for services including: • Security Assessments • Parking Enforcement • Access Control • Foot Patrol • Mobile Patrol • Safety Escorts • CCTV Installation Are you and your property as safe and secure as you would like? Maybe it’s time to re-evaluate your current security situation. Call VALIANT Private Security for today.

Our Values Vision: Forward-thinking, we are forging a path for a future of more professional security Adaptability: We find ways to add value to all environments and assignments.

Loyalty: We are loyal to our teammates and to all of our stakeholders.

Integrity: Our thoughts, our words, and our deeds must and will always be one.

Accomplishment: We seek to accomplish our objectives in performance and professionalism.

Nobleness: We strive to accomplish our duties at the highest levels of morality.

Teamwork: Working together, we see our team effort as integrated with each other, with peer and support organizations, and with our clients and community.

Hiram “Guy” A. Libby II, CAPP President 408-649-8386 vps102@yahoo.com ValiantPrivateSecurity.com ECHO journal | JUNE 2024

17

Avoid Insurance Denial …

Continued from page 16

from past Echo articles on roofing.) Board educational materials should include expected life vs. warranty, energy efficiency, return on investment for roof system, fire classification, earthquake safety, “green materials,” etc.

6. Has a roof inspection been done? Who should the board contact for a roof inspection?

7. The board should have a realistic schedule for

Support the Professionals That Support Echo!

Check out the Professional Service Provider Online Directory. We have a new look that 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

18

JUNE 2024 | ECHO journal

deferred roof maintenance and/or replacement.

8. The HOA’s insurance broker will know what type of insurance will be needed for the different roofing materials and should be able to answer questions regarding such things as the wildlife–urban interface or whether the HOA belongs to a high or very high fire hazard area per federal, state, and local jurisdictions.

Is the HOA in a flood area?

Is the HOA in an earthquake zone?

A qualified HOA insurance broker can guide the board through all the necessary information needed to “tell the story” to underwriters, providing the HOA with the best strategy for keeping adequate insurance coverage.

Donna Vingo is an HOA specialist representing Westlake Royal Roofing Solutions as the Bay Area and Central Valley steel territory manager. Before joining Westlake Roofing in 2018, Donna was a project manager/forward planner in residential and commercial construction in the greater Bay Area for 15 years, where she worked extensively with architects, community managers, landscape architects, and real estate departments setting up HOAs for communities, and served on many homeowners association boards as the builder’s representative. Donna graduated from the University of California at Davis with a BA in economics and finance, and she worked closely with Charlotte Allen, director of education and industry partnerships at Socher Insurance Inc., on the insurance details presented in this article.

S TAT E W I D E

CID CONSORTIUM, LLC

S

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

ince 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 ever-changing 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 cidcllc.us.

919 Reserve Drive Roseville, CA 95678 (888) 786-6000 cidcllc.us ECHO journal | JUNE 2024

19

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

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

bit.ly/SacramentoRP

NORTH BAY

bit.ly/winecountryRP SAN DIEGO

bit.ly/northbayRP

bit.ly/centralcoastRP ORANGE COUNTY

EAST BAY

bit.ly/SanDiegoRP SOUTH BAY

ORGANIZED BY ECHO

bit.ly/eastbayRP

Invite-a-Homeowner

bit.ly/orangecountyRP

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

20

JUNE 2024 | ECHO journal

bit.ly/southbayRP

Register Today to Attend a Resource Panel Meeting!

Wine Country Resource Panel Santa Rosa Sacramento Resource Panel North Bay Resource Panel Novato The Echo Club at Rossmoor (TECAR) Walnut Creek 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

9/10

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

9/11

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

9/11

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

9/17

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

9/18

The Echo Club at Rossmoor (TECAR) 9:30 am to 11:30 am

9/19

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

9/24

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

9/26

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

Orange County Resource Panel Irvine Southern California Educational Seminar

San Diego Resource Panel San Diego ECHO journal | JUNE 2024

21

THREE PART SERIES

How to Resolve Differences Within HOAs PART 1 of 3

This is the first 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.

22

JUNE 2024 | ECHO journal

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. Most HOAs in California operate as nonprofit mutual-benefit corporations. As such, the decisions are made by a vote of a majority of the directors. The corporation must operate within the guardrails of its governing documents (defined later in this article) and California

Civil Code §§ 4000 to 6150 (the Davis-Stirling Common Interest Development Act, or “Act”), with the latter generally taking precedence over the former. The directors’ fiduciary duty lies with the corporation (which benefits all the homeowners as a whole), rather than with any individual homeowner or subset of homeowners.

Role and Responsibilities of the Board of Directors Among many other responsibilities (outlined below), the board’s primary job (in exchange for monthly dues) is to ensure the maintenance, repair, and upkeep of the common areas. This is to prevent loss of life and to uphold property values. But that’s just the beginning. Some other board duties include the following: • Maintain, repair, and replace all common-area components in a timely manner.

• Enact policies and procedures and apply them equally, consistently, and uniformly to all members.

• Make reasonable inquiry and conduct due diligence using good business judgment when making decisions about the HOA (regarding issues such as maintenance, reserve components, association finances, hiring of vendors, violations, etc.).

• Enforce the HOA’s governing documents and applicable California civil code consistently and in good faith, not in an arbitrary or capricious manner.

• Attend and participate in board meetings and monitor the HOA’s finances.

• Prepare and maintain all HOA data, records, and reports accurately and truthfully.

• Avoid misrepresenting facts.

• Support all board decisions, even those that individual board members voted against.

• Act with proper decorum and follow parliamentary procedures such as those outlined in Robert’s Rules of Order and the Open Meeting Act. • Disclose all nonconfidential information to homeowners.

Disclosure of Nonconfidential Information Board members can hold only certain matters confidential. Confidential matters are those that pertain to the private personal information of fellow directors and committee members and the HOA’s contractual relationships with employees

and homeowners. Disciplinary actions against homeowners, contract vetting and comparison, and information about assessment collection from delinquent homeowners are all confidential. Most HOAs will disclose information about litigation matters when asked, and all are statutorily required to disclose information about ongoing construction defect litigation. Disclosures must also be made in the minutes when an HOA transfers reserve funds to pay operational expenses.

Conflicts of Interest Directors cannot use their position of trust and confidence to further their personal interests. They must act in the best interest of the HOA, even if it is at the expense of their own interests. An “interested director” is one who has an interest in the outcome of a board decision because they or their family and/or friends personally benefit from the decision in a way that is different from the benefit conferred on other homeowners. Directors must recuse themselves when the board is voting on disciplinary action against them, an assessment levied against them for damage to a common area, a petition for a payment plan for overdue assessments, a decision on whether to foreclose on their property, or a review of a proposed physical change to their separate interest or a grant of exclusive use common area to them.

The Role of Homeowners An HOA’s governing documents include its articles of incorporation; bylaws; covenants, conditions, and restrictions (CC&Rs); and operating rules (including election and architectural rules).

These governing documents and the Davis-Stirling Act (the “Act”) outline certain behavioral (“don’t park in the fire lanes”) and maintenance duties that belong to the homeowner. Becoming familiar with the governing documents helps homeowners understand their own obligations, versus those of the HOA and those of their neighbors. If there are disputes, the Act and the governing documents provide many dispute resolution processes, which will be outlined later in this three-part series.

BOARD MEETINGS – GENERAL: Homeowners who believe their HOA to be in violation of the California Civil Code or their governing documents should first attend a board meeting to discuss the dispute during the open homeowner forum. A Continued on page 24 ECHO journal | JUNE 2024

23

How to Resolve Differences Within HOAs Continued from page 23

Rachel Adams, CIC

INSURANCE MADE FOR YOUR HOA.

VP / Commercial Producer

707.525.4186 radams@gpins.com

www.gpins.com | Lic. #0603247

Professional Service Delivered Personally.

ACE Property Management provides a complete range of management services to homeowners associations.

408.217.2882 | acepm.net Echo Board of Directors Candidacy and Election Announcement Echo will conduct the annual election of its board of directors in early fall. The results of the election will be announced at the Echo annual membership meeting on November 21, 2024, between 9:00 and 9:15 a.m. The meeting will be held online only.

Candidate nomination application forms can be 24

JUNE 2024 | ECHO journal

requested via the following email: elections@echo-ca.org. For the application to be considered by the Echo nominating committee, it must be completed and received

by Echo no later than 5:00 p.m. on July 31, 2024.

For more information, contact Dave Zepponi dzepponi@echo-ca.org

homeowner forum is a time set aside by the HOA board to hear from its members. Homeowners should gently point out the violation and then listen carefully to the board’s explanation. There may be a very logical reason for the board’s action, or they may simply be embarrassed that they didn’t understand the guardrails of the law and the governing documents and not know how to respond. Homeowners should try to think of a way to offer assistance in resolving the matter.

SPEAKING AT A BOARD MEETING: Sharing grievances at a board meeting is free and can often be very effective. Offering assistance in resolving the matter is a bonus in a homeowner’s favor. Homeowners may speak at board meetings as many times as they wish on the same subject.

Homeowners may also take along neighbors as a way to fortify their case. Homeowners may not take along an attorney or agent, such as a repair contractor, unless the agent lives in the development, since board meetings are for homeowners only. Conversations at board meetings are not confidential, which means that other homeowners may hear about the grievance.

Homeowners should choose their words carefully. Everyone’s statements can be used against each other in court.

PRO TIPS FOR SPEAKING AT BOARD MEETINGS: For some odd reason, homeowners and directors feel entitled to yell and personally attack each other at board meetings.

This is unproductive. Instead, Continued on page 26

Part ne r wit h R ec on 360

YOUR TRUSTED ALLY IN COMMUNITY ASSOCIATION MANAGEMENT General Contractor Specializing in HOAs

CONSTRUCTION

ROOFING

PAINTING

MAINTENANCE

Fo r a C o m p l e m e n t a r y P r o p o s a l Contact Us: (408) 444-9303 | Clientcare@Recon-360.com

R e c o n 3 6 0 • w w w. R e c o n - 3 6 0 . c o m • C A C o n t r a c t o r L i c e n s e # 9 5 0 8 0 5 ECHO journal | JUNE 2024

25

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

Echo’s online educational offerings provide a wealth of information to HOA board members and engaged homeowners.

Explore opportunities at www.echo-ca.org 26

JUNE 2024 | ECHO journal

How to Resolve Differences Within HOAs Continued from page 24

homeowners are best served by sticking with the facts. They should identify the relevant paragraphs in the California civil code, case law, and/or the governing documents.

Relevant documents should be submitted, and a timeline should be presented showing all the actions pertaining to the dispute, such as dates of interaction, persons interacted with (who attended the meetings or who was on the email threads), and what was said and by whom. All parties will be served best with a rational discussion of the facts and the next steps.

Presenting the facts politely is the best way to resolve differences. If a dispute moves to alternative dispute resolution (ADR), small claims court, or superior court, it is the facts and the law that will apply, not homeowners’ or the board’s personal feelings or emotions.

The second and third parts of this article will outline more ways to resolve differences with HOAs, including some low-cost legal options.

Alpa Agarwal is a product line manager at the U.S. Department of Veterans Affairs, having 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.

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 is on the board of directors of Echo and also serves as its vice president.

STAT E W I DE PROFESSIONAL SERVICE PROVIDER SHOWCASE ADVERTORIAL

ALTERRA ASSESSMENT RECOVERY Alterra provides comprehensive, attorney-supervised assessment collection services to HOAs and condominium developments throughout California.

We’re the HOA collection team you’ve been looking for. with complex statutory requirements and to manage the collection process with complete efficiency. Our highly automated, paperless platform gives our team robust management tools and real-time information to avoid delays and reduce costs.

Our dedicated team recovers nearly $200,000 of debt every month for our clients.

Alterra Assessment Recovery was founded by the principals of Tinnelly Law Group, a premiere California HOA law firm that’s been in business for over 30 years. The firm sought to expand its service offering in response to the frustrations of its clients dealing with the challenging environment of assessment collection. Those clients welcomed the opportunity to work with a collection team who shared the firm’s commitment to quality, responsive and efficient service.

Unlike typical collection firms, Alterra does not believe a “one-size-fits-all” approach is the answer for every file. Alterra guides each client throughout the process, ensuring that any action to be taken is the right one based upon the particular facts of the homeowner, the property and any senior lienholders.

What Sets Us Apart?

• Comprehensive Service Offering.

Our team can assist with whatever is required to resolve your HOA’s

collection challenges quickly and costefficiently.

• Industry-leading Systems. Our highly-automated, paperless platform maximizes efficiency and streamlines our processes to save time and reduce costs.

• Innovative Web Portals. Our client portal provides robust 24/7 status reporting. Our innovative homeowner portal streamlines communications to avoid delays and expedite resolution.

• Attorney Supervision & Support.

Our expert HOA lawyers ensure compliance with statutory requirements and render legal assistance when needed.

• Proven Results. Our dedicated team recovers nearly $200,000 of debt every month for our clients.

Industry-Leading Systems & Innovative Web Portals Alterra is driven by industry-leading systems designed to ensure compliance

24/7 Client Access to Real-time Status Reporting Our robust client portal, AlterraONLINE, provides 24/7 real-time status reports and related information to our HOA clients and their management.

Reports are highly customizable and can be configured to be automatically generated and sent to our clients whenever they desire, free of charge.

Streamlining Communications with Delinquent Homeowners Our innovative homeowner portal, contactalterra.com, helps streamline our communications with delinquent homeowners and assists them in their efforts to bring their accounts current. It provides access to various information and request forms to expedite the resolution of matters and avoid delays.

Our skilled team is supported by advanced systems and expert HOA lawyers to deliver results.

Trust us with your collection needs; we’ll get the job done, done right, and as quickly and efficiently as possible.

27101 Puerta Real, Suite 250 Mission Viejo, CA 92691 (888) 818-5949 | alterracollections.com ECHO journal | JUNE 2024

27

WELCOME TO ECHO’S

New Professional Service Providers

Assembly Management…HOAs, done right.

Assembly HOA combines exceptional managers with state-of-the-art software to create a simple unified experience for homeowners and board members. Our mission at Assembly is to redefine the HOA landscape through radical transparency and outstanding service. We are dedicated to correcting the flaws in the current HOA system, ensuring it plays a vital role in safeguarding and enhancing property values rather than diminishing them.

Maximizing the value of your property through strategic maintenance, improvements, and community engagement. Our industry expertise ensures your investment is protected and your property remains appealing for all homeowners.

Providing financial oversight from collecting assessments to making vendor payments. We also prepare comprehensive financial reports and budgets for your convenience and ease.

Offering a straightforward and effective approach to property management, focusing on prompt, reliable service and hands-on management, results in cost savings and a smoothly functioning community.

Simplifying administrative management by seamlessly handling routine tasks and procedures.

We prioritize understanding each HOA’s specific needs, offering solutions that make managing the community as straightforward as possible.

Serving: LA County, Orange County, Alameda County, and Santa Clara County.

Allen Liou CEO & Co-Founder (213) 282.8008 allen@assemblyhoa.com assemblyhoa.com

28

JUNE 2024 | ECHO journal

Entcoms, Inc. (Illumination Management Services) Residential HOA Communities Electrical Service, Upgrades, and Installations Illumination Management Services is your trusted partner for routine electrical maintenance services for HOAs. We understand that maintaining the electrical systems of your community can be challenging and time-consuming. That’s why we offer comprehensive electrical maintenance services to keep your community safe, efficient, and up-to-date.

Our experienced electricians will conduct routine inspections and maintenance on your community’s electrical systems, including common areas, clubhouses, pools, and lighting systems. We’ll identify any potential issues and provide solutions to prevent them from becoming major problems that can disrupt your community’s daily activities.

Our services include routine maintenance of electrical panels, breakers, fuses, and switches, as well as upgrading electrical systems to meet current safety standards and building codes.

We’ll work with you to develop a customized maintenance plan that fits your community’s needs and budget.

At IMS, we are committed to providing the highest quality electrical maintenance services that meet or exceed industry standards. We use state-of-theart equipment and follow strict safety protocols to ensure that your community’s electrical systems are operating efficiently and safely.

Don’t wait until a problem arises. Contact IMS today to schedule your routine electrical maintenance service and keep your community’s electrical systems running smoothly.

Erwin del Pinal, President edelpinal@entcoms.com (m)510-717-9214 / (o)510-725-6463 entcoms.com

R&L Plumbing, Inc. is meticulously crafted to cater to the diverse needs of Property Management, Commercial, and Residential clients who prioritize excellence in plumbing services. Established as a proud cornerstone of the San Francisco community, we take immense pride in our local roots and commitment to delivering premier plumbing solutions.

As a trusted plumbing company, we specialize in providing elite services that exceed expectations.

With a keen focus on innovation and customer satisfaction, we consistently integrate the latest plumbing techniques and advanced technology into our operations. This enables us to effectively serve a wide range of properties, including Commercial Units, Multi-Unit Apartments, Condominium Complexes, Homeowners Associations, and various other commercial and residential spaces.

At R&L Plumbing, Inc., we understand the unique demands of each client and property type. Whether it’s resolving complex plumbing issues in commercial settings or ensuring seamless operations in residential properties, our dedicated team of professionals is equipped with the expertise and resources to deliver tailored solutions. With a strong emphasis on quality craftsmanship, reliability, and efficiency, we strive to uphold our reputation as the go-to choice for discerning clients seeking unparalleled plumbing services in the San Francisco and Bay Area.

Licensed | Professional | Experienced VALIANT PRIVATE SECURITY specializes in providing customized security solutions. Our security programs are designed to integrate into our customers’ community. We work in partnership with local resources to better serve and protect our client’s property, employees, and interests. We believe security companies should provide professional, proactive services to their clientele. Our aim is to set the standards high and then meet or exceed those standards.

By utilizing effective public safety strategies, we succeed in developing safer environments where others often fail.

When you need security, VALIANT PRIVATE SECURITY will be there for you.

Serving Santa Clara and Santa Cruz Counties “If you are looking for professional security services at affordable pricing, Valiant Private Security is your solution.”

Clarissa Arguetta, Community Manager – Legacy Community Management Hiram “Guy” A. Libby II, CAPP President (M): 408-649-8386 vps102@yahoo.com ValiantPrivateSecurity.com

Saul Zelaya Senior Partnership Manager W: (415) 651-4977 x 103 * D: (415) 316.2531 saul@rl.plumbing rlplumbingsanfrancisco.com

ECHO journal | JUNE 2024

29

ECHO LEGISLATION TRACKER

Pending Bills: The 2024 Legislative Session Is in Full Swing

BY NATHAN McGUIRE, ESQ.

The legislature reconvened the 2023–2024 legislative session on January 3, 2024. Last year, in the first part of this two-year session, the legislature introduced 3,036 bills. Of those, 1,196 (nearly 40%) made it to Governor Newsom’s desk, where he signed 890 into law and vetoed 156. Under California’s “pocket signature” rule, the unsigned bills also became law.

This year, the count is down to 2,124, consisting of 1,505 in the Assembly and 619 in the Senate.

Beginning in March of this year, each month of Echo’s Insight and Journal has included an update – check there and Echo’s Advocacy page on the website for these updates as they become available.

A handful of these bills would impact HOAs, some of them significantly. Some of the bills seem to be stalled out and aren’t moving. Of the ones that are moving along, they would mostly benefit HOAs.

ASSEMBLY BILLS AB-2114 (Irwin), Inspection of Elevated Structures

This bill would amend the law (SB-326) to add “licensed civil engineers” to the list of professionals authorized to conduct inspections of 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.

STATUS: Passed out of the Assembly (71-0) to the Senate on April 1, 2024, and has been referred to the Senate and Judiciary Committees.

INSIGHT: Expect this bill to move quickly since it has an urgency clause and has seen little or no opposition.

AB-2159 (Maienschein), Elections

This bill would authorize an association to conduct an election by electronic secret ballot, unless the association’s governing documents specify

otherwise. The bill would require an association that conducts an election by electronic secret ballot pursuant to these provisions 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 14 days before the voting deadline.

The bill would require the online voting system to have the ability to authenticate the member’s identity, authenticate the validity of each electronic vote, and transmit a receipt to a member that casts an electronic vote. If an electronic secret ballot is conducted by internet website, the bill would require individual notice of the ballot to be delivered to each member and would require that notice to also include specified information, including instructions on how to vote by electronic secret ballot. The bill would specify that an electronic secret ballot is effective when transmitted and irrevocable. The bill would prohibit the use of an electronic secret ballot unless the association creates procedures that provide an opportunity for members to vote by written secret ballot.

STATUS: This bill was amended on April 1, 2024, and April 15, 2024, in part to clarify that electronic voting may not be used for levying regular or special assessment increases. It was amended again on May 2, 2024, to add a requirement that, in order to implement electronic voting, an HOA would be required to adopt operating rules, as specified. This will give members the opportunity to provide input on the procedures which will be used for electronic voting. Passed out of the Assembly 73-0 on May 20, 2024. The author is also considering amendments which would require the board to provide 28-day notice to the members (like a rule change) prior to implementing electronic voting going forward.

INSIGHT: This bill has lots of support and some opposition. Opponents argue that electronic voting is not secure and could lead to a slippery Continued on page 32

30

JUNE 2024 | ECHO journal

N ORT H ER N C A LI F OR N I A PROFESSIONAL SERVICE PROVIDER SHOWCASE ADVERTORIAL

RELIABLE PAVEMENT SERVICES Our Goal is Your Goal... Plan for Success, Control the Budget & Finish on Time

management and successful project completion – RPS does it all.

Nothing serves a community better than an accurate, long-term plan for your paving projects. Budget planning and reserve funding adjustments are part of the overall project scope and one of the extras Reliable Pavement Services proudly provides to clients.

Contact RPS today and let’s find a way to work together.

• Consulting Agreement fee-based services • Prime Contract % of the project* • Flat Rate 10% of the project * • Project Management Service Fee *Not available for all projects

We make your job smoother! #CreatingNewStandards Since 2012, Reliable Pavement Services (RPS) is proud to have served Northern California planned communities with an estimated $10 million in project involvement annually.

With over 45 years of paving experience, our staff works hard to continue to build the business on the core values of Accountability, Competency, and Integrity. Our WHY is the belief that life is about the Win-Win-Win – and we strive to make that happen daily.

RPS handles projects of all sizes and scopes. From large to small projects, single or multi-year plans, the finished

product provides increased value to your community.

RPS design specifications allow seal coat applications to last up to eight years, while the results of other contractors last three to five years, with minimal increases over multi-year plans.

We pride ourselves in going above and beyond for our clients. RPS maintains a strong focus on details which allows homeowners, community/ property managers and installation contractors to use one set of documents to track the project from beginning to end. From budget planning to bidding, contract assignment to project

Rick Scheibley, Owner 877 Serene Court Morgan Hill, CA 95037 (408) 858-2117 rick@RPSpaveman.com RPSpaveman.com ECHO journal | JUNE 2024

31

Echo Legislation Tracker Continued from page 30

slope of insecure technology being introduced in governmental elections in California. Supporters argue that electronic voting has been proven to be safe and effective, will help HOAs to save money, and will increase participation. The Bill Analysis points out that many other states have successfully deployed electronic voting for HOAs and that members will have input into whether their HOA should utilize electronic voting.

AB-2460 (Ta), Elections/Quorum

This cleanup bill (to last year’s AB-1458) would correct some terminology and clarify that an association board of directors is required to adjourn to the 20% reduced quorum, if that scenario applies.

STATUS: This bill passed out of the Assembly 58-1 on May 24, 2024.

INSIGHT: This bill does not change any of the processes adopted by AB-1458, with the minor exception of exempting HOAs which already have a lower quorum requirement.

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.

STATUS: This bill passed out of the Assembly 72-0 on May 23, 2024.

INSIGHT: This bill does not appear to be controversial, with plenty of supporters and no opposition on file.

SENATE BILLS SB-477 (Housing Committee), Accessory Dwelling Units

This bill, first introduced last year, was signed into law by the governor on March 25, 2024. As an urgency measure, it became effective immediately. Existing law provides for the creation by local ordinance 32

JUNE 2024 | ECHO journal

(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.

SB-900 (Umberg), Repair and Maintenance

This bill would make an association responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area, even if the matter extends into another area, as specified. The bill would require an association to complete those repairs or replacements within 30 days. The bill would require an award of reasonable attorney’s fees to a prevailing owner who enforces this provision against an association.

STATUS: This bill passed out of the Senate 39-0 on May 20, 2024, and will be heard in the Assembly.

INSIGHT: While this bill has good intentions, it is problematic in many ways and could be harmful to members; namely, it would seem to dangerously shift some responsibility away from public utility companies. It would place all responsibility on an HOA to ensure repairs are made, without contemplating that some issues are outside of an HOA’s control, or may be so significant that the repairs should necessarily take longer than 30 days.

It will also be problematic to decipher what matters “begin in the common area” (maybe none) and whether responsibility is “otherwise provided” in an HOA’s CC&Rs.

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 Continued on page 34

IS YOUR PROPERTY PREPARED...

... for the near-perfect storm?

HOA Boards, Associations and Property Managers each have recently ranked Deferred Maintenance as their biggest threat to their businesses.

1

It is no surprise given the near-perfect storm conditions: - Added Regulatory Compliance Requirements - Sharply Rising Labor and Material Costs - Localized Weather Extremes - Skyrocketing insurance - Aging property assets.

2 STUDY DIGITALLY 360 Degree Hi-Res Spectral Thermal - Moisture Detection, Solar Panel Efficiency LiDAR - Measure, As-Built Plans

4

5 MONITOR PROPERTY HEALTH Summary-view of All Issues Dynamic Access to Reports & Status Auto-send Violation & Notice Letters

3 ASSESS with AI Current Issues Emerging Issues Issue Size & Severity Changes Over Time

MAP DIGITALLY Geotagged Issues & Assets Time & Date Stamped Identify Claim Risks Issue-specific SOW, RFP and Budgets

6 AUTO-PRIORITIZE Planning Budgeting Reserve Expenditures

MindMe smartly harnesses advanced engineering technology to address insurance rates & the near-perfect storm.

ALERTED by MindMe’s PROPERTY INDICATOR LIGHTS High Risk Areas Moderate Risk Areas Lower Risk Areas

Detect Early Independently Scope & Scale Mitigate Insurance Claims Model Asset Decay Smartly Prioritize Expenditures

FOR A FREE CONSULTATION Call or Scan for Appointment Hooman Bolandi, CEO 408-859-8128

PROTECT MAINTAIN ENHANCE ECHO journal | JUNE 2024

33

Echo Legislative Tracker Continued from page 32

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 lowincome categories, prorated for that annual reporting period.

STATUS: 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. It has not been rescheduled at this point, which may indicate that the bill is not going to move.

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 obtains a written release signed by the buyer stating that the buyer is not an investment entity.

STATUS: This bill 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, which may indicate that this bill is not going to move.

INSIGHT: This will 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 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 34

JUNE 2024 | ECHO journal

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 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.

STATUS: An April 23, 2024, hearing before the Senate Judiciary Committee was cancelled at the request of the author, which may mean this bill is not going to move.

INSIGHT: It is unclear what will happen with this bill. While it has not been published yet, the bill will have plenty of opposition and would be harmful to homeowners looking to pursue construction defect claims. It will also be difficult to determine whether a defect “materially affects the habitability or usefulness” of a unit.

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 was recently appointed to serve on the board of directors for Echo.

He was named Super Lawyers magazine’s “California Rising Star” for six years running; Super Lawyer in 2021, 2022, and 2023; 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.

A.S.A.P. Collection Services

Allen & Cook, Inc.

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

Butner Homeowner Association Services P.O. Box 1999 Mammoth Lakes, CA 93546 (760) 934-8589 www.butnerhoaservices.com

CID Consortium, LLC

Brenda Lynch 919 Reserve Dr. Roseville, CA 95678 (888) 786-6000 (707) 484-9729 (cell) blynch@cidcllc.us www.cidcllc.us See our advertorial on page 19

Community Financials

7 W. Figueroa Street, Suite 300 Santa Barbara, CA 93101 (833) 266-3646 communityfinancials.com

CID Consortium, LLC

Brenda Lynch 919 Reserve Dr. Roseville, CA 95678 (888) 786-6000 (707) 484-9729 (cell) blynch@cidcllc.us www.cidcllc.us See our advertorial on page 19

BUILDING MANAGEMENT SERVICES

CondoCPA, Inc.

ProTec Building Services

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

HOA Accounting Services 2261 Market St., Ste. 4100 San Francisco, CA 94114 (888) 854-9444 www.hoa-accounting.com

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

Building Resource Management, Inc. 6160 Fairmount Avenue, Ste. D San Diego, CA 92120 (858) 633-5090 www.brmsd.com 10180 Willow Creek Road San Diego, CA 92131 (858) 569-1080 www.protec.com

CABLE & INTERNET SERVICES Sail Internet, Inc.

115 Everett Ave., #301 Palo Alto, CA 94301 (844) 438-8484 www.sailinternet.com

COLLECTIONS

BOOKKEEPING Avenues HOA Financial Management 548 Market St. San Francisco, CA 94104 (650) 448-3968 www.avenuesmgt.com

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

Axis Companies

2544 Barrington Court Hayward, CA 94545 (510) 732-6111 www.axisconstruction.com

BTC Bob Tedrick Construction, Inc. 2021 Las Positas Ct., Ste. 151 Livermore, CA 94551 (925) 454-0358 www.btcquality.com

Cal-Pro Construction & Painting 1076 Horizon Dr., Ste. 16 Fairfield, CA 94533 (800) 373-1352 www.thinkcalpro.com

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

The GB Group, Inc. 8921 Murray Ave. Gilroy, CA 95020 (408) 848-8118 www.gbgroupinc.com

Giuliani Construction & Restoration 424 Lano Street San Jose, CA 95125 (833) 337-9688 www.giulianiconstruction.com

Levy, Erlanger & Company LLP Bill Erlanger 290 King St., Ste. 12 San Francisco, CA 94107 (415) 981-9350 bill@hoa-cpa.com www.hoa-cpa.com See our ad on the Inside Back Cover

6980 Teresa Blvd., Ste. 150 San Jose, CA 95119 (408) 363-9600 www.asapcollect.com

2024 PROFESSIONAL SERVICE PROVIDER DIRECTORY

ACCOUNTANTS & CPAS

Alterra Assessment Recovery Ramona Acosta, PCAM 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 (888) 818-5949 contact@alterracollections.com www.alterracollections.com See our advertorial on page 27

IQV Construction & Roofing Daisy Ortiz 877 Chestnut St. San Jose, CA 95110 (408) 638-5520 dortiz@iqvinc.com www.iqvinc.com See our advertorial on page 11

ECHO journal | JUNE 2024

35

2024 PROFESSIONAL SERVICE PROVIDER DIRECTORY

CONSTRUCTION & GENERAL CONTRACTORS CONT’D.

Pacific InterWest Apartment Inspection Services

Construction Services, Inc. Recon360, LLC

Kevin Reid 99 South Almaden Blvd., Ste. 600 San Jose, CA 95113 (408) 444-9303 kevin@recon-360.com www.recon-360.com See our ad on page 25

Saarman Construction, Ltd. 683 McAllister St. San Francisco, CA 94102 (415) 749-2700 www.saarman.com

Skuba Construction Services, Inc. 5356 Clayton Rd., Ste. 125 Concord, CA 94521 (925) 689-5900 www.skubaconstruction.com

Tracy Davis PO Box 54190 San Jose, CA 95154 (408) 210-6344 tracy@csibayarea.com www.csibayarea.com

MindMe Technology

Hooman Bolandi, President 20 S. Santa Cruz Ave. Los Gatos, CA 95030 (408) 859-8128 hbolandi@mindmetechnology.com www.mindmetechnology.com Please see our ad on page 33

CONSTRUCTION MANAGEMENT AD Magellan

432 Vista Village Dr. Vista, CA 92083 (760) 201-3372 www.admagellan.com

C.L. Sigler & Associates, Inc. 521 Charcot Ave., Ste. 203 San Jose, CA 95131 (408) 922-0262 www.siglercm.com

36

JUNE 2024 | ECHO journal

Liberty HOA Election Services, Inc. 1900 Camden Ave. San Jose, CA 95124 (408) 482-9659 www.hoaelection.com See ad on page 24

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

Pro Elections, LLC

Unlimited Property Services, Inc. Scott Swinton 2250 Central Street, Suite A Richmond CA 94801 (510) 965-1112 info@upsionline.com upsionline.com

Abigail Padou, Owner P.O. Box 659 Murphys, CA 95247 (209) 559-1448 info@pro-ei.com www.pro-ei.com

FINANCIAL SERVICES

DECK & BALCONY INSPECTIONS B2R Consulting Group

Heritage Bank of Commerce

1740 W. Katella Ave., Ste. L Orange, CA 92867 (714) 744-6100, ext. 201 www.b2rconsultinggroup.com

Leonel Soto 150 Almaden Blvd.

San Jose, CA 95113 (844) 489-0999 leonel.soto@herbank.com www.heritagebankofcommerce.bank See our ad on the Inside Front Cover

IQV Construction & Roofing

FIREPLACE SERVICE | DUCT MAINTENANCE

CM Squared, Inc. Construction Management 39899 Balentine Dr., Ste. 200 Newark, CA 94560 (800) 262-4047 www.gocm2.com

ELECTION SERVICES & INSPECTORS OF ELECTIONS

CONSULTANTS

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

1600 S. Main St., Ste. 380 Walnut Creek, CA 94596 (925) 939-5500 www.pacificinterwest.com

Daisy Ortiz 877 Chestnut St. San Jose, CA 95110 (408) 638-5520 dortiz@iqvinc.com www.iqvinc.com See our advertorial on page 11

Dryer Duct Vent & Fireplace Company 1538 San Joaquin Ave. San Jose, CA 95118 (408) 265-1010 www.dryerductco.com

INTERIOR & SPACE DESIGN

MANAGEMENT SOFTWARE

Bay Area Insurance Agency, Inc.

Sayler Design, Inc.

AXELA

3 Lagoon Dr., #260 Redwood City, CA 94065 (650) 654-9750 www.bai-online.com

Boland Insurance, Inc.

611 South B St. San Mateo, CA 94401 (650) 348-0100 www.saylerdesign.com

1202 Grant Ave., Ste. E Novato, CA 94945 (415) 898-4370 www.kevinbolandinsurance.com

LANDSCAPE ENHANCEMENT & DESIGN

Brown & Brown Northwest Insurance Agency, LLC

P.O. Box 2326 Santa Rosa, CA 95405 (707) 578-2657 www.landesign-inc.com

601 SW 2nd Avenue, Ste. 1200 Portland, OR 97204 Licensed Nationwide (503) 219-3288 www.bbrown.com

George Petersen Insurance Agency

Landesign Construction & Maintenance, Inc.

2221 Harbor Bay Parkway Alameda, CA 94502 (510) 521-1222 www.kellylux.com

LaBarre/Oksnee Insurance 30 Enterprise, Suite 180 Aliso Viejo, CA 92656 (949) 588-0711 www.hoains.com

Socher Insurance Agency, Inc. 7901 Stoneridge Dr., Ste. 403 Burlingame, CA 94588 (650) 312-9300 www.hoainsurance.net

Christi Spina, Owner-Agent 530 Alameda del Prado, Suite A Novato, CA 94949 (415) 382-9714 or (707) 523-3006 cspina@farmersagent.com www.spinainsurance.com See our ad on page 12

11626 Wolf Rd. Grass Valley, CA 95949 (530) 205-6912 www.biminicorp.com

Community Financials

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

PAINTING CONTRACTORS

Allied Landscape Services

Allstar Painting & Maintenance, Inc.

7696 Las Positas Rd. Livermore, CA 94551 (925)Rachel 280-0161 Adams, CIC VP / Commercial Producer www.contactallied.com

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

Ekim Painting

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

Cagwin & Dorward Landscape Contractors

MB Jessee Painting

LandCare

Signature Services Construction & Painting

P.O. Box 6004 Petaluma, CA 94955 (800) 891-7710 www.cagwin.com

2833 Old Gravenstein Hwy. Sebastopol, CA 95472 (707) 829-8064 www.landcare.com

Medallion Landscape Management 10 San Bruno Ave. Morgan Hill, CA 95037 (408) 782-7500 www.mlmi.com

SavATree Spina Insurance Agency

BIMINI Corp.

LANDSCAPE MAINTENANCE & SERVICES

Rachel Adams INSURANCE 175 West College Ave. MADE 707.525.4186 radams@gpins.com FOR Santa Rosa, CAYOUR 95402 HOA. Alpine Landscapes (707) 525-4186 8787 Monterey Rd. radams@gpins.com Gilroy, CA 95020 www.gpins.com | Lic. #0603247 www.gpins.com (408) 846-9511 www.youralpine.com See our ad on page 24

Kelly Lux State Farm Insurance

21550 Oxnard Street., Ste. 300 Woodland Hills, CA 91367 (323) 356-6889 www.axela-tech.com

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

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

3607 Clayton Rd. Concord, CA 94521 (925) 948-0300 www.signatureservices.us

2024 PROFESSIONAL SERVICE PROVIDER DIRECTORY

INSURANCE SERVICES

Urban Bros. Painting, Inc.

630 Las Gallinas Ave., 2nd Floor San Rafael, CA 94903 (415) 485-1130 www.urbanco.com

Varsity Painting

1620 Tice Valley Blvd.

Walnut Creek, CA 94595 (925) 937-0434 www.varsitypainting.com

Whit’s Painting, Inc.

150 Mason Circle, Suite K, #322 Concord, CA 94520 (925) 429-2669 www.whitspaintinginc.com ECHO journal | JUNE 2024

37

2024 PROFESSIONAL SERVICE PROVIDER DIRECTORY

PAVING & ASPHALT

RESTORATION & CLEAN-UP

SECURITY SYSTEM SOLUTIONS

DRYCO

Authentic Restoration & Waterproofing, Inc.

Electronic Innovations, Inc.

42745 Boscell Rd. Fremont, CA 94538 (510) 248-9477 www.dryco.com

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

BluSky Restoration Contractors

Reliable Pavement Services, LLC Rick Scheibley, CEO 877 Serene Court Morgan Hill, CA 95037 (408) 858-2117 rick@rpspaveman.com www.rpspaveman.com See our ad on page 31

360 N. Civic Dr. Walnut Creek, CA 94596 (925) 440-2074 www.goblusky.com/locations

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

ROOFING CONTRACTORS

Turing Video Security Systems 1730 S. El Camino Real San Mateo, CA 94402 (559) 930-2531 www.turing.ai

TOWING & PARKING SERVICES Morris and Sons Towing

390 E. Gish Rd. San Jose, CA 95112 (408) 995-6900 www.morrisandsonstowing.com

Rebello’s Towing Services, Inc.

TARC Construction, Inc.

Fidelity Roof Company, Inc.

PEST MANAGEMENT

ROOFING PRODUCTS

Jonathan Lewis 696 Kings Row San Jose, CA 95112 (408) 292-8300 jonathan@rebellos.net www.rebellos.net See our ad on page 5

Payne Pest Management

Malarkey Roofing Products

TREE SERVICES

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

10070 Carroll Canyon Road, Ste. 100 San Diego, CA 92131 (760) 612-2341 www.paynepestmgmt.com

1075 40th St. Oakland, CA 94608 (510) 547-6330 www.fidelityroof.com

P.O. Box 17217 Portland, OR 97217 (831) 970-1205 www.malarkeyroofing.com

POOL SERVICE & MAINTENANCE 2471 Old Middlefield Way Mountain View, CA 94043 (650) 949-2435 www.coolpoolserviceinc.com

PLUMBING | BOILERS | HVAC 150 Mason Circle, Ste. L Concord, CA 94520 (925) 255-6333 flowingwater.net

Westlake Royal Roofing Solutions Donna Vingo – HOA Roofing Specialist 16500 Dutch Mine Road Jamestown, CA 95327 (209) 252-2359 dvingo@westlake.com www.westlakeroyalroofing.com See our advertorial on page 13

SECURITY SERVICES

Valiant Private Security

Hiram Libby, CEO PO Box 1303 Aptos, CA 95001 (408) 649-8386 vps102@yahoo.com www.valiantprivatesecurity.com See our advertorial on page 17 JUNE 2024 | ECHO journal

7041 Koll Center Pkwy.

Pleasanton, CA 94566 (707) 730-8632 www.arbormd.com 985 Walnut Ave. Vallejo, CA 94592 (866) 815-2525 www.aplustree.com

SavATree

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

WINDOWS & SIDING Andersen Windows

R&L Plumbing

1759 View Dr. San Leandro, CA 94577 (415) 651-4977 www.rlplumbingsanfrancisco.com

ArborMD

A Plus Tree Services

Cool Pool Service, Inc.

Flowing Water

38

21 Parr Blvd.

Richmond, CA 94801 (510) 233-2795 www.electronicinnovations.com

5427 Delia Way Livermore, CA 94550 (925) 667-5328 www.andersenwindows.com

Heritage Exteriors

1800 Diesel Dr., Ste. 20 Sacramento, CA 95838 (916) 256-5801 www.hexteriors.com/

1 100% 2 Almost of our clients are homeowners associations, planned unit developments, condominiums, condominium conversions, COOPs, tenancies in common and timeshare projects ...

8 REASONS TO CHOOSE LEVY, ERLANGER & COMPANY LLP 3 CPAs

150

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

5

12

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 ...

6

Since 1977 — more than

40 years’ experience ...

4

2,500

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

7 unique publications & services 8 Including some

• 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

BEST.

290 King Street, Suite 12, San Francisco, CA 94107 (415) 981-9350 bill@hoa-cpa.com

PRSRT STD US POSTAGE PAID PERMIT NO. 271 85719 5669 Snell Ave., #249 San Jose, CA 95123-3328

Community Conversations

Community Conversations

HOA Document Management and Protection

Privacy, Cameras & Recordings: What Can We Do?

July 11, 2024 | 1:00 pm - 2:30 pm

July 25, 2024 | 1:00 pm – 2:30 pm

R E G I ST E R H E R E

R E G I ST E R H E R E

Echo Ask the Experts

Community Conversations

A Case for Well-Maintained Communities - Long Term Planning

Understanding Financials, Internal Controls and Fraud Prevention

August 7, 2024 | 1:00 pm - 3:00 pm

August 29, 2024 | 1:00 pm - 2:30 pm

R E G I ST E R H E R E

R E G I ST E R H E R E

Echo HOA University Core Requirement

Echo Educational Workshop

HOA Financial Management & Reserves September 7, 2024 | 9:00 am - Noon

R E G I ST E R H E R E Echo HOA University Core Requirement

Community Conversations

Planning for Inflation & When to Call a Project Manager September 12, 2024 | 1:00 pm - 2:30 pm

R E G I ST E R H E R E