Echo Journal May/June 2019

LABOR SHORTAGES

SELF-MANAGED HOAs

PARKING ENFORCEMENT

NEW LAWS

Finding qualified HOA vendors

Organizing the board for success

The good, the bad & the ugly

Mandatory disclosures for community managers

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PAGE 20

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PAGE 30

SERVING HOA BOARD MEMBERS & HOMEOWNERS

MAY / JUNE 2019

PAGE 10

The Value of Maintenance Manuals in Community Associations

ECHO journal | May/June 2019

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MISSION STATEMENT

Fostering a better quality of life in

community associations through education, advocacy and networking.

Members receive the ECHO Journal, free training, and digital downloads from the ECHO website.

ECHO 1671 The Alameda, Suite 205 San Jose, CA 95126 408.297.3246 | info@echo-ca.org www.echo-ca.org

A Bay Area Original for 28 years

BOARD OF DIRECTORS & OFFICERS PRESIDENT

DIRECTORS

David Hughes

Jerry L. Bowles Rolf Crocker Sarah Dunia John Gill David Levy Diane Rossi Katrina Solomatina Wanden Treanor

VICE PRESIDENT

Adam Haney TREASURER

Karl Lofthouse SECRETARY

Sandra Long

Boards change frequently, so keep your Call (877) 783-9884 or visit www.CommonInterest-NorCal.com HOA’s information up to date! Send us:

EXECUTIVE DIRECTOR

David Zepponi

Campbell • Danville • Novato • San Mateo • Stockton 1. Board Names 2. Mailing Addresses (408) 345-4000 3. Email Addresses http://wm-llp.com

We counsel: Send everything to account@echo-ca.org or ask your property manager • Condominium Associations • Mixed Use Associations to do so on your behalf. Thanks for being an ECHO member!

• Planned Unit Developments Priscilla Ann Ornido • Commercial Associations

MARKETING COMMUNICATIONS SPECIALIST

We provide general counsel to Associations Questions? We can help: including the following services: Email: account@echo-ca.org. Phone: 408-297-3246

SALES ADMINISTRATOR

Jacqueline Price

The ECHO Journal is published bi-monthly 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.

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Serving Homeowners to Build Strong Community Associations

Who is ECHO?

Echo

EDUCATIONAL COMMUNITY FOR HOA HOMEOWNERS

For more information about membership and ECHO, call 408-297-3246 or visit www.echo-ca.org

The Educational Community for Homeowners (ECHO) is a non-profit membership organization dedicated to assisting California homeowner associations. ECHO provides HOA education on topics including: finances, legal issues, insurance, maintenance and management.

Members receive valuable, pratical information through conferences, trade shows, seminars, online education, a bi-monthly magazine and many discounted publications.

Who Should Join ECHO?

Our members include homeowners associations (HOAs) and their board members, community management firms, community managers and vendors that serve HOAs.

Benefits of Membership

• Bi-monthly subscription to ECHO journal • Bi-monthly e-newsletter ECHO insight • Members only online education • Updates to the Association Statute Book • Frequent educational seminars • Special pricing on CID publications

It’s Easy to Join

Over 2,000 members benefit each year from their membership in ECHO. Sign up online at www.echo-ca.org.

ECHO MEMBERSHIP HOA Board Membership Up to 25 units.............................................................. $150 26 to 50 units...............................................................$195 51 to 100 units.............................................................$295 101 to 150 units............................................................$395 151 to 200 units.......................................................... $495 200+ units.....................................................................$595 4

May/June 2019 | ECHO journal

Individual & Professional Membership Professional Membership.....................................$500 Management Company Membership............$500 Individual Membership........................................... $95* *Invite-a-Homeowner Special Offer..................$50 Journal Subscription (Annual)..............................$25

Features 10

The Value of Creating an HOA Maintenance Manual

BY DON BEIL

14

Construction Boom, Labor Shortages & Economics

BY REGAN BROWN

22

Parking Enforcement: The Good, The Bad & The Ugly

BY BURT DEAN

30

New Mandatory Disclosure Requirements for Community Managers

BY KATRINA SOLOMATINA

Happenings 4

10 14

All About Echo

6 Executive Director’s Message

BY DAVID ZEPPONI

8 2019 HOA University & Expo 18

Update Your Boards’ Information

19

Wine Country Educational Seminar

20

Self-Managed HOAs: Organizing the Board for Success

26

ECHO Bookstore Offerings

27

Welcome to Our New Professional Members

28

Catch Up on the 2019-2020 Legislative Session

34

Resource Panel Calendar

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ECHO journal | May/June 2019

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Raison d’Etre – The Reason for Boards

EXECUTIVE DIRECTOR’S MESSAGE What a beautiful phrase, raison d’etre (reason for being). It is a poetic way to express what

every board member should consider and collectively agree.

The phrase engenders humanity. The words roll from one’s tongue. By doing so, it rounds the Recommitting to Our Heritage stark business senses and adds the element of humanity to the clear-cut responsibilities o a board: Strategic planning, execution and evaluation; mission and goals; budgets and ris On June 12, 1973The the Executive Council of Home Owners (ECHO) wasof formally management. business realities should be reflective community values which are the established by the signing of its Articles of Incorporation. On June 12th of this common values of individuals in the community.

year, we will celebrate its 46th anniversary as an association. This makes ECHO the longest runningare statewide association dedicated themade success common interest Communities imperfect – because theytoare ofofhumans.

Humans interacting. Humans developments, HOA boards and homeowners in California.

relating. Humans using. Human living. Basically, humans being human. So, in the course o being human, communities sometimes that management and rules are in place to In 2017, this vision was reaffirmed by the board offorget directors: “ECHO – we are for better establish for a– successful community.

Ininacommunity sense, the board is like the conductor o communitynorms associations fostering a better quality of life associations through education,Its advocacy and networking.” the community. purpose is to establish order and elevate or diminish energy. It meter progress and pace by establishing norms and constraints to balance the individual note These words have meaning beyond the obvious to our board of directors. It is a proud toheritage benefit all. that speaks to the commitment and importance of communities and people.

rules, not numbers, and not policies that constrict and constrain but a way for ItNot seems apparent that board leadership must understand and reflect the values of home communities to be safe, friendly and invested in creating a home. owners in order to orchestrate a sense of community and generate tangible actions to serve and protect community values. The purpose ofisaa board, Imbued in the articles and reaffirmed vision for ECHO concepttherefore, that reachesis to listen to the voices and deeper than the obvious creation of continued wealth,for nice landscapes build community based on common values the good ofand all.amenities,

and the sunny California lifestyle. ECHO is the resounding voice of the many. We are Itabout takes“better time to orchestrate a community.

It takes your community. And, it takes community associations” and that means wetime standto forknow the common good. time to listen to the voices and build a vision reflective of community values. Take the time

and you will be more effective as a board member and satisfied knowing you have achieved Through programs designed to educate, advocate and build common bonds between your reason for being on the board. leaders, ECHO’s purpose has not been lost over its 46-year history. ECHO continues

to have value to boards, homeowners, and the professionals who reaffirm their ECHO is committed to helping homeowner boards and residents through education, network commitment to a better world for communities and its peoples through membership. ing and advocacy – this is our “raison d’etre”.

Thank you members for seeing the vision and recommitting to our heritage.

Sincerely, Sincerely,

David Zepponi

David Zepponi Executive Director Executive Director

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May/June 2019 | ECHO journal

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• Practical HOA-focused education for board members and homeowners

• An expanded EXPO hall with 30% more vendors from a variety industries including painting, construction, landscaping, etc.

• Ask the Attorneys! Get your legal questions answered by our panels of experienced HOA attorneys

• Continental breakfast and longer networking breaks provide more time to connect with qualified HOA vendors

May/June 2019 | ECHO journal

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EDUCATIONAL COMMUNITY FOR HOA HOMEOWNERS

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ECHO journal | May/June 2019

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May/June 2019 | ECHO journal

The Value of Creating an HOA Maintenance Manual

BY DON BEIL

M

aintenance is a vital, continuing, hot topic at HOA board meetings. It is not unusual for as many as 25 residents to attend and participate in maintenance discussions. A well executed Maintenance Manual can help to keep the conversation focused and on topic.

A maintenance manual is not only a record of what has been done in the past, but also guides the board’s decision making as to how to proceed knowledgeably in maintaining and preserving the many functioning components of an aging building.

Creating a Maintenance Manual Creating a central repository – in our case a 200-page book – is a method of collecting and preserving maintenance items for current and future generations. How do you find someone to do it? Look for someone who:

• Wants to serve the HOA

• Likes to write and wants to be published

• Wants complete control over their work

• Likes to work alone without deadlines

• Wants to know how things work

How to Start Don’t expect your manual to go from zero to 200 pages overnight. Ours grew over a multi-year period and is still regularly updated.

Start by documenting a few procedures of significance to the HOA. For example, you might look at the items in your reserve study scheduled for Continued on page 12 ECHO journal | May/June 2019

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on the security system?

• How do you get a new mailbox key?

• What light bulbs do we use in the hall fixture?

From the list above we see that the variety of topics includes emergency situations as well as more trivial, but, nonetheless, important topics.

Build Your Manual from Different Sources

The Value of Creating an HOA Maintenance Manual Continued from page 11

repair or replacement over the next few years. Anything your author can do to learn what’s happened in the past on these topics can become valuable to the board and homeowners as they look at completing reserve study tasks.

Begin with reasonable, easily achieved expectations. Aim for a document with a short list of topics your author is comfortable researching and describing.

The tools needed include:

• A computer, a scanner and a printer

• A cell phone for digital photos which will significantly enhance the manual.

• A simple graphics program helps in cropping photos and adding circles and arrows.

Making Information Available A book format has a significant advantage, especially when compared to papers in folders placed within file cabinets. In book format, copies are easily reproduced and can be placed 12

May/June 2019 | ECHO journal

in the hands of multiple parties, whether board members, a maintenance committee or HOA employees. By comparison, singlepage paper files typically sit in various file cabinets and may be stored on- or off-site. These files may be well maintained and serve boards and homeowners well; but timely access can become an issue.

We also maintain an up-todate copy of the manual on our HOA website, meaning that a searchable version of the document is available to all residents.

Sources of Material Usually content for your manual will be created when there is a maintenance issue that is referred to the maintenance committee. For example, our manual answers questions like:

• What needs to be done when the “trouble” light goes on in the fire protection system?

• What vendor do we call for problems with the elevator?

• How do you use the phone tree?

• How do you review video

Many other topics for our manual were recognized when our HOA changed management companies. Our previous company turned over 27 boxes of unsorted paper records. Over several months, a thorough page-by-page search resulted in shredding the contents of 24 boxes. The remaining material yielded documentation on perhaps 25 different maintenance topics. Many of the paper files were retained, but how would future boards and others know they exist? Our solution was to include those topics in the maintenance manual but not repeat the content of the paper files, but indicate that the HOA paper files contain a folder on this topic and a brief summary of what information can be found there. So, the manual becomes a reference, pointing readers to the existence of hard-copy data stored elsewhere.

Our new steam boiler is one example of the value of this information. Complete details are now included for regular required maintenance on the equipment. After installing the boiler, we replaced a part called a steam trap, on every radiator in the building. In doing so we collected a detailed inventory of the size and location of 160

radiators. When the new boiler needs replacing (hopefully many years from now) we will use that inventory to determine the size of the new boiler rather than using other methods of estimating the appropriate boiler capability needed.

Offer Tours to Residents Periodically we conduct maintenance tours of our building for our residents, which allow them to get into areas usually closed including the boiler, the ventilators, the fire protection equipment, the power system, the rooftop, our separate garage (usually only accessible to our 24/7 doormen), and so on. The manual contains the details of what to discuss in each location when leading a maintenance tour.

A well-designed, documented tour allows residents – often new to the building – to make connections between our facilities and our reserve study and better understand maintenance items discussed in board meetings.

If you can find the right person who’ll enjoy making a significant contribution to the HOA, you can have a resource that serves your board and members today and into the future. Having the details of HOA maintenance at your fingertips will be of significant value and will help to meet the maintenance challenges all communities face.

Types of Components That May Be Included in Your Maintenance Manual • Apartment Square Footage • Asbestos Removal • Benefits from Monthly Fees • Boiler • Building Blueprints • Building Brass Plaque • Building Steel Frame • Building Tour Outline • Carpet • Carts • Cold Water Tank • Copier/Printer • DirecTV • Earthquake Retrofitting • Electrical • Elevators • Emergency Manual • Fireplaces/Chimneys • Fire Protection Services • Garage • Hot Water Heater • HVAC Equipment • Keys (Building/Mailboxes)

• Laundry Room • Light Bulbs and Fuses • Outdoor Gardens • Paint • Pest Management • Potential New Sections • Private Sewer Lateral Program • Roof • Sewer Lines • ShotSpotter • Signage • Solar Energy • Sq. Footage of Paved Areas • Storage Rooms/Cages • Switchboard/Intercom • Telephone Tree • Ventilation System • Video Security System • WebPass Internet Service • Website • What to do when • Windows

Don Beil is a former HOA board member of a high rise condominium community in Oakland. He has 46 years of experience as a teacher, primarily teaching computer science at the university level to deaf students. He loves to write and has published widely.

ECHO journal | May/June 2019

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Construction Boom, Labor Shortages & Economics

By Regan Brown

What Does It All Mean for HOAs?

T

he housing shortage plaguing California has been brought to the forefront by its newly elected Governor. Gavin Newsome has promised to help solve the affordable housing issue. Developers are building again, so why is there a housing shortage?

The economic boom itself has caused the problem. It’s difficult to find and retain skilled labor. Unemployment is at an all-time low, and the skilled construction labor force has virtually disappeared. There simply are not enough employees to do the work.

In the homeowner association or common interest development (CID) industry, residential community developers have improved the speed of housing development and construction by deflecting many of the community costs onto the associations.

By doing this, developers have expedited required development processes. This has led to sustained and strong growth of CID new construction in the United States and there is no sign of slowing. In 1970 there were approximately 10,000 common interest developments. By the end of 2017, there were roughly 69 million people living in a reported 347,000 HOAs. All states have shown increases in CID development with California being one of the top three leaders in growth. It is estimated there are more than 50,000 HOAs with 14.7 million residents within California.

Continued on page 16

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May/June 2019 | ECHO journal

Look to EXPERIENCED HOA vendors and long-standing contractors who have earned a reputation and understand this specialized industry.

ECHO journal | May/June 2019

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The tightening of immigration laws and enforcement will have a detrimental impact on the recovery of the California construction industry creating shortages and delays for HOA projects for years to come.

Construction Boom, Labor Shortages & Economics Continued from page 15

Sharply contrasting with the dramatic growth of HOA communities is the availability of qualified contractors and labor force. There is a slow decline in the number of general contractors holding “B” licenses and a shrinking workforce resulting in escalating labor costs. This has created a mixture of bad news for the construction industry and has resulted in the slowing of all construction projects.

When the bubble burst with the Great Recession of 2008, a substantial number of employees left the construction trades to seek employment in other fields. This created a significant long-term labor shortage. Adding to this problem is the aging population of Baby Boomers. Over the next 7 years, approximately 40 million baby boomers will retire, but only 22 16

May/June 2019 | ECHO journal

million millennials are entering the workforce. These 23 to 35-yearold “millennial” workers generally lack interest in or have no appreciation for the construction industry or any trade-related field.

These demographic changes are creating a huge gap in the workforce that will take years to recover.

Since the 2008 recession, the rebuilding of the construction workforce has been made up almost entirely of new immigrants. In California, 53% of that immigrant labor force was born in Mexico. The tightening of immigration laws and enforcement will have a detrimental impact on the recovery of the California construction industry creating shortages and delays for HOA projects for years to come.

During the last 8 years, there were more than six times the number of jobs created in California than homes built. This

has created a housing crisis of too few homes built for the number of jobs created. As a result, housing is generally unaffordable to most workers. Tradespeople simply cannot find affordable homes in the regions where they work.

While the discrepancy between available tradespeople and the rise in planned unit developments (PUDs) is arguably the largest problem in residential housing construction, the incredible impact of “Mother Nature” cannot be discounted. Fires, floods, hurricanes and other extreme weather patterns have wreaked havoc across the nation. The Global Catastrophic Recap Report in November of 2018 reported, “the total aggregated economic losses for the California wildfires were expected to exceed $20 billion dollars for the losses of 2017-18.” California is witnessing the fallout of those fires with slow rebuilding and construction delays.

Further, the complex and strict housing codes in California have increased the cost of materials and complicated the permitting processes. Building departments vary significantly from city to city and county to county, causing frustration and significant delays.

There is a wide disparity in fees, procedures, review processes and code compliance enforcement.

This “red tape” simply adds to the delays of building and increases housing construction costs.

Another challenge contributing to these compounding issues is the cost of materials. Commodity prices change daily adding uncertainty and cost. The price of lumber, aluminum, steel and oilbased products, used for roofing materials, are driven by a global economy and pricing is subject to the whim of international politics.

Recent geopolitics have created uncertainty and challenges to the construction industry. Tariffs and trade, uncertainty over quotas and availability of construction resources add frustration and cost. In 2019, the ongoing lack of construction workers, higher cost of building materials, higher cost of land, and the ever-growing regulatory burdens associated with multi-family construction, caused continued limitations on both new construction and reconstruction projects. On the positive side, these conditions will force the industry to innovate and become more efficient and improve productivity to off-set construction inflation.

The construction industry is facing a long recovery process.

Industry members agree, “something will have to give!” New technology will play a bigger role, such as cameras with live feeds, software in the field, exoskeleton

suits, and robotics. Expect to see an increase in modular construction and pre-fabrication.

More women will be recruited to construction work; currently only 9% of the construction jobs are held by women. High school programs, night schools and vocational training will also help ease the labor shortage.

The next generation is encouraging. The so-called “Generation Z”, those born between 1995 and 2010.

Nearly 75% of this school-aged cohort believes there are good alternatives to spending money for higher education such as enrollment in trade schools and vocational training. They are not interested in drowning in an average $42,000 college debt when they enter the job-market after school. Market researchers,

We deliver

recruiters and forecasters are very excited about this next Generation Z entering the workforce gives hope. In the meantime, it is important to cope with the situation dealt.

These many challenges have direct impact on HOAs, especially when planning budgets and adjusting for reserves. Many homeowner associations are unprepared and have underfunded reserves. It is time to scrutinize all underlying assumptions of reserve studies.

Reserve studies must be reformulated and adjusted to consider global trends in the cost of construction and repair work. Standard cost of living adjustments just don’t work anymore. Projects may require special assessments, bank Continued on page 18

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Construction Boom, Labor Shortages & Economics Continued from page 17

loans, or complete re-scoping or value engineering. The constant pressure on board members and managers to keep assessments low can now create significant problems in ability of the board to exercise its duty. Members not affected by the economy, or unit owners who are not facing problems like neighbors, may be less willing to approve a special assessment or loan since these problems are not as visible, and therefore not seen as urgent as needed for a special assessment.

Underfunding projects will result in deferred maintenance, broader repair scopes and a snowball effect on costs allowing for further dilapidation of buildings and properties.

Small measures of prevention today can save exponentially in the future. Associations need to continue to invest in ongoing maintenance prior to it becoming replacement and reconstruction. Don’t wait for the last minute to schedule a repair, consolidate projects whenever possible and keep maintenance and inspections on task. Anticipate longer than “normal” timeframes to do the work. Look to the HOAbased vendors and long-standing contractors who have earned a reputation and understand this specialized industry.

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CM

MY

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CMY

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HOA UNIVERSITY FACULTY MEMBER

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May/June 2019 | ECHO journal

Regan Brown is the CEO of The GB Group. Founded in 1992, The GB Group provides construction services in California to HOAs, apartment, high-rise and mid-rise communities, and select commercial projects.

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ATTENDANCE POLICY ECHO members: Invite HOA homeowners and non-member boards as your guests for FREE when registering online and using the promo code.

ECHO journal | May/June 2019

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THE SELF-MANAGED HOA Good Governance Habits and Best Practices for an HOA Board Checklist

• Review board member responsibilities and fiduciary duty

• Elect officers

• Establish meeting dates, times and locations

• Agreement on how board meetings will be run and how decisions will be made

• Designation of a board member to post meeting agendas and provide the required meeting notice to members

• Designation of board members to sign reserve checks when needed

• Update bank account signature cards and SID and CID 100 forms with the California Secretary of State

• Designate a board member to be the “voice of the board” in all matters of communication to the members

• Determine which reserve projects to consider for the year

• If your board meets less often than monthly, which board members will review the financial reports of the association as required by law?

• Designate a board member to respond to realtor and title company requests for association disclosure information

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May/June 2019 | ECHO journal

BY JOHN CLIGNY,

AMS CAMEx, CCAM-HR,

B e h t g n i z i n Orga As an HOA board member, how do you define success and how do you measure the success of the board and association?

M

ost boards default to describing success in terms of financial accomplishment; the size of the bank balance or the percentage the reserve account is funded. Others gauge success in terms of members’ compliance with the Covenants, Conditions & Restrictions (CC&Rs) and Rules and Regulations. Still others determine success by short meetings and no disruptive or distracting members in attendance. In truth, success can be all these things or none of these things, but I assure you, the definition of success and how you measure it is the first question your board will need to answer. Sounds like a time waster and sure-fire way to have endless board meetings and arguments? Not at all, in fact, for some of you, your bylaws may provide the answer and if they don’t, I would advise you to follow this simple blueprint to ensure your board gets off on the

s s e c c u S r o f d r e Boa right foot each year and that all board members are rowing in the same direction.

The blueprint for board success is the Organizational Meeting of the Board. As previously stated, your bylaws may require this meeting to be held when seating newly elected board members.

You can also hold this meeting at the beginning of the calendar year as a means of doing some much needed board housekeeping and organization. One of many benefits of this meeting is that it encourages all board members to get on the same page and forces board members to consider and discuss policy decisions regarding many of the Davis-Stirling* compliance requirements before they become firedrills or worse, liability and risk.

Policy decisions the board makes during this meeting must be noted in the meeting minutes and in some cases commemorated as board resolutions.

A review of the annual operations calendar of the association may reveal other important agenda items for this meeting.

Contact ECHO at info@echo-ca.org for more information about the Organizational Meeting of the Board and for a sample meeting agenda.

The importance of this meeting cannot be overstated. It should be carefully planned and executed under the leadership of the board president to help to foster board unity, establish good governance habits and set the stage for the achievement of board and association success, no matter how you define it. *The Davis–Stirling Common Interest Development Act is the popular name of the portion of the California Civil Code beginning with section 4000, which governs condominium, cooperative, and planned unit development communities in California.

HOA UNIVERSITY FACULTY MEMBER

John Cligny, CAMEx, CCAM-HR, AMS, is the co-founder of Association Consulting Group and is a veteran portfolio manager and industry thought leader. John advises and educates HOA clients and management companies on a wide range of community management topics and provides expert testimony in litigation.

ECHO journal | May/June 2019

21

By Burt Dean

22

May/June 2019 | ECHO journal

Communication with residents is critical.

It is best to provide all residents with the same written information about parking rules and enforcement in a timely and uniform manner.

R

ecent reports list the Bay Area as one of the most expensive places to live – not only in the United States but the world. A median home price in San Jose is a staggering $1,073,500.

Affordability has become a huge societal problem in California, which reflects on the ability to purchase a home. The need for housing creates other issues related to higher density living including the need to better manage space to park vehicles.

Rules and codes can bring order to this struggle – which is the good. Enforcement of the rules and codes can be ugly – and that’s the bad. Here is the situation.

When multi-family complexes are developed, building codes provide for a ratio of parking spaces, anywhere from 1.5 to 3 parking spaces per unit. There are many ways to determine spaces per unit: Number of bedrooms, density of units per acre (i.e., 20 to 40 units per acre), neighborhood conformity, area economic considerations and others. Once the developer completes construction, an occupancy permit is received, and the property is turned over to community management.

Management is then responsible to control and distribute parking spaces for efficient use by the residents. Normally, there is an expectation of a certain number of parking spaces per resident which is logically based on an estimate of vehicles per resident. If management fails to appropriately distribute spaces, it is either because they estimate more parking spaces available than residents have vehicles, or management is not exercising their authority to control and allocate the spaces.

Typically, there are three types of parking that property managers control:

1. DEEDED PARKING STALLS: Most

commonly found in townhome condominium complexes and in planned unit developments (PUDs).

Deeded parking stalls are owned by the homeowner as a recorded part of the real estate. The homeowner controls the use of the space.

Permitted parking is the type of parking when management distributes parking permits that are either

2. PERMITTED PARKING STALLS:

Continued on page 24

ECHO journal | May/June 2019

23

Towing should be considered a cost-effective solution to benefit a community by addressing parking problems and enhancing community standards and livability.

Parking Enforcement...

Continued from page 23

registered to a specific assigned stall or the spaces are not numbered but limited to permittees for vehicle use on a first-come, first-served basis. Any vehicle parked without a valid parking permit, or parked in the wrong stall, would be subject to a parking violation.

3. ASSIGNED PARKING STALLS: Assigned

parking is when parking stalls are numbered, and each stall is assigned to a specific unit. Each resident controls the vehicles in their assigned spot by requesting management to issue violations to any vehicle inappropriately parked in their private stall.

Methods of Enforcement Community management can enforce their contracted parking rules by Judicial means, self-help actions or with fines:

• Judicial Enforcement requires action through the court system. This is the least risky way to process violation enforcement but there are two significant down-sides notably the

24

May/June 2019 | ECHO journal

legal costs and the time it takes to pursue the action.

• Self-Help enforcement, including sending demand letters to towing vehicles, is allowed if it does not disturb the peace. Self-help is a cost effective and quick way to help a vehicle owner address a poor parking habit.

• Fines are permitted by Civil Code Section 22658 but are difficult to enforce and collect. Often the vehicle owner is unknown.

Community management is prevented, by law, from accessing vehicle ownership records through license plates. This makes the fine administration and collection process challenging to enforce since the name and address of the violator is difficult to find. Property managers may be able to track vehicles by enacting community rules requiring residents to register their vehicles with community management.

Administration of Parking Rules Professional community management or the HOA’s General Manager is normally assigned the responsibility for the administration of parking rules and issuing fines. Rules can be established

for preventive maintenance, accounting, and enforcement of property related contracts. The typical properties managed are CID’s (Common Interest Developments) with Covenants, Conditions and Restrictions (CC&Rs), apartments with lease agreements, and commercial properties including business strip centers, high-rise office buildings and malls. All such properties need to provide parking for employees, events, and the public. Parking rules address and control the following common problems:

• Immobilized, junk, or stored vehicles

• Decommissioned or vehicles undergoing major work

• Inappropriate use of too many spaces by a resident

• Unassigned or uncontracted vehicle parking

Enforcement of Parking Regulations Impounding private property is legal only if it is done without disturbing the peace. The origin of these laws is based in Common Law, derived from the Magna Carta signed in 1215 in medieval England.

This means that there are more than 800 years of legal precedence establishing the ground rules for “Self-Help” vs. “Judicial” enforcement of debt collection, parking rules enforcement, repossession, trespass, and other violations.

Self-help ground rules allow the property managers, banks or private citizens to take immediate action instead of going to the expense of hiring an attorney to proceed judicially. Self-help authority is confirmed in California UCC 1101 (Uniform Commercial Codes) effective January 1, 1965 and modified July 1, 2001.

Self-help towing regulations were revised by the California State legislature, Civil Code Section 22658, on January 1, 2007 and provides for local city municipal codes, such as San Jose SJMC 6.66, and establishes local regulatory authority over private property being towed safely and, when done correctly, it limits the liability for both the property manager and the towing company.

communication about a parking problem leaves room for denial by the vehicle owner regarding the information provided, when it was provided, or the perceived intentions. Written rules and newsletters can inform all residents of the policies and hopefully avoid “selective” warnings that turn into suggestions of harassment or discrimination.

Consider Security Services Security is an operating expense to the complex.

Management should measure the cost of security against the inconvenience and problems created from the parking problems. Security companies may be employed to enforce parking. This could be particularly useful since security services can perform several functions in addition to enforcement of parking regulations. Depending on the available budget, security services can be a good option for issuing parking warning notices, inspecting parking permits and signing tow tags among others.

Empower Towing Towing costs the property little and directly addresses the parking problem by adding action to the policy. Towing and storage fees are paid by the vehicle owner. California Vehicle Code 22658 empowers community management to tow vehicles for parking violations, but the property must comply with very specific criteria. Management should clearly understand these criteria before allowing tows.

Vehicle Towing as a Community Benefit Towing is a service that benefits usability of the property and should be considered an essential part of parking management programs. As California continues to have housing supply and affordability issues, increased housing density will continue, and parking will remain a problem. Towing should be considered a cost-effective solution to benefit a community by addressing parking problems and enhancing community standards and liveability.

Avoiding Problems Communication with residents is critical. It is best to provide all residents with the same written information about parking rules and enforcement in a timely and uniform manner. Here are some suggestions: Avoid verbal communication. Unwritten

Burt Dean achieved his CPM, CCAM, and NAHAM certifications in property management. Currently the Chief Financial Officer at Rebello’s Towing Service in San Jose, he built the company into the largest private property tow company in northern California. He volunteered to pass new laws to improve the industry and make towing safer for the public.

ECHO journal | May/June 2019

25

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Also available as a FREE download for members at www.echo-ca.org May/June 2019 | ECHO journal 34 26 echo-ca.org 34 echo-ca.org

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ECHO journal | May/June 2019

27

Catch Up on the 2019-2020 Legislative Session!

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May/June 2019 | ECHO journal

The table to the right features important legislation for California associations. This list, and the impact of each bill, will change as authors amend the language in their bills. The final day for the Governor to sign or veto bills for the first half of the 2019-2020 Legislative Session is October 13.

For the most up-to-date information, visit the HOA Advocacy section at www.echo-ca.org/hoa-advocacy

B I L L I N F O R M AT I O N

SB 323 AUTHOR: Wieckowski STATUS: Amended. In Senate

Housing POSITION: Oppose

SB 326

SUMMARY ELECTIONS: FELONS, INSPECTORS, EMAIL DISCLOSURE

Requires an association to disqualify a person from nomination as a candidate for not being a member of a common interest development at the time of nomination or for being convicted of certain felonies. Authorizes an association to disqualify a person from being nominated or from serving on the board for specified reasons, including the failure to pay regular assessments. Defines email addresses as association records for the membership list. Allows members to sue over violations of bill provisions in superior court.

INSPECTION OF ELEVATED COMPONENTS

POSITION: Watch

Requires the association to cause a reasonably competent and diligent visual inspection of the load-bearing components and associated waterproofing systems to determine whether the exterior elevated elements are in a generally safe condition and performing in compliance with specified standards.

SB 434

MANAGING AGENT: PRODUCTION OF RECORDS

Hill STATUS: In Senate Judiciary AUTHOR:

AUTHOR:

Archuleta STATUS: In Senate Housing POSITION: Watch

Requires a managing agent whose management agreement has been terminated to produce client property and client records within a specified period of time pursuant to a written request by a common interest development association, except as specified.

SB 652

RIGHT TO DISPLAY RELIGIOUS ITEMS

AUTHOR: Allen STATUS: In Senate Housing POSITION: Watch

SB 754

Would prohibit the governing documents of a common interest development from prohibiting the display of religious items, as defined, on the entry door of a common interest development member’s separate interest.

ELECTION BY ACCLAMATION

POSITION: Support

Requires when the number of director nominees at the close of the nomination period is not more than the number of vacant director positions on the board, that the director nominees be considered elected by acclamation, subject to board’s satisfaction of specified notice requirements. Requires the election of directors to serve on the board of directors of the association to be held by secret ballot.

AB 670

ACCESSORY DWELLING UNITS

AUTHOR: Moorlach STATUS: In Senate Housing

AUTHOR: Friedman STATUS: In Assembly Housing.

POSITION: Watch

Would void provisions in common interest development governing documents that prohibit the construction of accessory dwelling units or junior accessory dwelling units. Authorizes an association to adopt a provision of a governing document or an amendment to a governing document that impose reasonable restrictions on the construction of these units.

Join the Conversation!!

Read more about HOA legislation on our website or visit our Facebook page and join the discussion! echo-ca.org/hoa-advocacy or facebook.com/echoorg ECHO journal | May/June 2019

29

30

May/June 2019 | ECHO journal

NEW DISCLOSURE REQUIREMENTS FOR COMMUNITY MANAGERS

BY KATRINA SOLOMATINA

T he legislature believes that more laws are needed to assure that community managers – those who control the assets of common interest developments (CID s ) – do not take advantage of their clients by entering into secret agreements with vendors . W hile in our experience , instances of such manager misconduct are rare , the legislature has a theoretical concern which these new laws attempt to address .

E

ffective January 1, 2018, two existing managing agent disclosure statutes have been amended and two new statutes have been added to the Davis-Stirling Common Interest Development Act (“Act”).

These statutory provisions create new mandatory disclosure requirements for community managers and their companies when submitting bids for services, before entering into a management agreement and at the time of contract renewal. These new laws reflect the intent of the legislature to promote ethical management of community associations across the state. California legislature believes that increased transparency is in the best interests of every community association, their members and professional managers and their companies.

Summary of the New Laws The “disclosure statutes” require managers and management companies to disclose: (1) any business or company they have an ownership, profit-sharing or other monetary incentive relationship with; (2) any referral fee or monetary benefit they receive from a third-party document provider; (3) any potential conflicts of interest, including referral fees, from any business or company that provides products or services that benefit the association; and (4) any ownership interests or profit sharing arrangements it has with vendors it recommends or is used by the association.

Purpose Behind the New Laws According to the California Assembly, the purpose of the legislation is to ensure that CID Boards have the tools necessary to make informed decisions about management Continued on page 32

ECHO journal | May/June 2019

31

New Mandatory Disclosures for Community Managers Continued from page 31

company relationships with those providing other services to associations. It appears that the legislature felt there is a problem of property manager self-dealing and kickbacks in CIDs.

Effects of the New Laws

The purpose of the legislation is to ensure that CID boards have the tools necessary to make informed decisions about management company relationships with those providing other services to associations.

C O M M U N I T Y M A N A G E R M A N D AT O R Y D I S C LOS U R E R E Q U I R E M E N TS

WHO

32

These disclosure requirements do not limit the companies with whom a property manager can contract for the services that the CID needs.

This law, however, requires a prospective CID property manager to disclose to the CID board of directors the following information about potential conflicts of interest before entering into a management contract:

• Any business or company in which the CID manager or CID management firm has any ownership interests, profit-sharing arrangements, or other monetary incentives provided to the management firm or managing agent; and

• Whether or not the CID manager or CID management firm receives a referral fee or other monetary benefit from a third-party provider distributing documents pursuant to existing disclosure requirements.

Further, this law requires a CID property manager to disclose if he/she is receiving a referral fee or other monetary benefit from a third-party provider distributing the documents that are required to be provided to an owner when he or she sells a separate interest.

And finally, this law requires a CID manager or CID

WHAT

WHEN

HOW

Disclose information required in Section 5375 of the Civil Code, including a referral fee from a third party provider of documents pursuant to Section 5300 of the Civil Code

As soon as practicable but no more than 90 days before entering into management agreement

In writing

Disclose information required in Section 5375 of the Civil Code including a referral fee from a third party provider of documents pursuant to Section 5300 of the Civil Code

As soon as practicable but no more than 90 days before entering into management agreement

In writing

Manager

Any potential conflict of interest defined in Section 5375.5 of the Civil Code

When presenting a bid for service

In writing

Management Firm

Any potential conflict of interest defined in Section 5375.5 of the Civil Code

When presenting a bid for service

In writing

Prospective Manager

Prospective Management Firm

May/June 2019 | ECHO journal

management firm to disclose in writing any potential conflict of interest when presenting a bid for service to the CID board of directors.

Civil Code Section 5375.5 defines “conflict of interest” as any referral fee or other monetary benefit that the property manager might derive from a business or company providing products or services to the association, or, alternatively, any ownership interests or profit sharing arrangements that the property manager has with service providers that the property manager uses or recommends that the association use.

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Ms. Solomatina has a background in real estate and construction law. Katrina advises clients on compliance with association board and member duties under the Davis-Stirling Common Interest Development Act as well as other state and federal laws.

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33

ECHO EVENT CALENDAR

ECHO event calendar

RESOURCE PANEL CALENDAR ECHO Resource Panels are offered in a casual atmosphere to enable managers, professionals and board members to hear about important topics presented by experts in the industry, and share experiences and issues. The meetings are open to all ECHO members and those interested in learning about ECHO. If you have any general questions please contact events@echo-ca.org

Register Online You must register online to provide ECHO with an accurate headcount.

DATE

ORGANIZERS

REGISTRATION LINK

Friday East Bay Resource Panel June 28 11:45 am to 1:00 pm

Ann Marquis Fisher eastbaypanel@echo-ca.org

bit.ly/ebpanel-jun19

Wednesday Legal Resource Panel July 17 6:30 pm to 8:30 pm

Mark Wieklinski legalpanel@echo-ca.org

bit.ly/lepanel-jul19

Thursday North Bay Resource Panel July 11 11:30 am to 1:00 pm

Stephany Charles & Diane Kay northbaypanel@echo-ca.org

bit.ly/nbpanel-july19

Thursday Wine Country Panel July 18 11:45 am to 1:00 pm

Pam Marsh & Sarah Dunia winecountrypanel@echo-ca.org

bit.ly/wcpanel-july19

PANEL NAME

Prices will increase at the door!

Paying by Credit Card is the fastest way to ensure your spot is reserved. If you are paying by check then please continue with online registration and select “Pay by Check” so we can get an accurate headcount. Checks must be payable to ECHO and received two weeks prior to the event date.

ECHO Mailing Address: 1671 The Alameda, Ste. 205, San Jose, CA 95126

Contact Us

34

PANEL

MEETING

CONTACT

East Bay

eastbaypanel@echo-ca.org

Ann Marquis Fisher

Legal

legalpanel@echo-ca.org

Mark Wieklinski

Maintenance

maintenancepanel@echo-ca.org

Cassidy Rajkovich

North Bay

northbaypanel@echo-ca.org

Stephany Charles & Diane Kay

Wine Country

winecountrypanel@echo-ca.org

Pam Marsh & Sarah Dunia

May/June 2019 | ECHO journal

March/April 2019 | ECHO Journal

33

ECHO journal | May/June 2019

35

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