The Echo Journal – November/December 2020

THE EVOLUTION OF RENTAL RESTRICTIONS

THE SELF-MANAGED HOMEOWNERS ASSOCIATION

2021 ECHO LEGAL RESOURCE DIRECTORY

Make legislative awareness and education a top priority

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The impact of Assembly Bill 3182

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SERVING HOA BOARD MEMBERS & HOMEOWNERS

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NOVEMBER / DECEMBER 2020

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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

David Hughes

Jerry L. Bowles

VICE PRESIDENT Adam Haney

Rolf Crocker Sarah Dunia John Gill, Esq.

TREASURER

Mark Guithues, Esq.

Karl Lofthouse

David Levy, CPA

SECRETARY Sandra Long

Diane Rossi Katrina Solomatina, Esq. Wanden Treanor, Esq.

EXECUTIVE DIRECTOR

David Zepponi MEMBER ENGAGEMENT MANAGER

Hannah McAuley hmcauley@echo-ca.org MEMBERSHIP & SALES ADMINISTRATOR

Jacqueline Price jprice@echo-ca.org 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.

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.

Echo membership benefits you and your HOA. Join today!

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

Š 2020 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.

For more information visit www.echo-ca.org ECHO journal | November/December 2020

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Click a title or page number to jump directly to the article!

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Features 8

The Evolution of Rental Restrictions in California Community Associations

BY LAURIE S. POOLE, ESQ., CCAL

16

How to Make It Safely Through the Disclosure Minefield – Part Two

BY DAVID F. FEINGOLD, ESQ. AND

MATTHEW A. HAULK, ESQ.

19

Davis-Stirling Act Annual Disclosure Checklist

23

The Self-Managed Association: The Challenge of State Regulation

BY JOHN CLIGNY, AMS, CAMEX, CCAM-HR

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Happenings

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Executive Director’s Message: “Hope” in Reflection

BY DAVID ZEPPONI

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Legislative Session – 2020 Results

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Welcome Our New Professional Service Providers

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Community Conversations Webinar: Save Money in Your HOA with Clean Energy Solutions – Register today!

28

Index of Advertisers

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2021 Legal Resource Directory

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LiveStream Webinar – Alternative & Internal Dispute Resolution for HOAs – Register today!

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LiveStream Webinar – Discrimination: Cultural Sensitivity & Reasonable Accommodations Register today!

November/December 2020 | ECHO journal

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ECHO journal | November/December 2020

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EXECUTIVE DIRECTOR’S MESSAGE

Raison d’Etre – The Reason for Boa

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

“Hope” in Reflection The phrase engenders humanity. The words roll from one’s tongue.

stark business senses and adds the element of humanity to the cle

2020 has been a remarkable year for change change and experimentation with a a board: Strategicacceleration planning,ofexecution and evaluation; mission an and hope. The events of this year found us new America. Wherever you find your thoughts and management. Theopinions, business realities should be reflective of commu in several predictable situations and few less it is very important for our future and the common values offabric individuals in the community. predictable. Undercurrents of societal unrest have of our communities, as leaders, to grapple expectantly bubbled to the surface, pushed in with the changes and how they may impact our Communities are imperfect – because they are made of humans. Hum large part by seemingly unrelated events which communities. relating. of Humans using. Human living. Basically, humans being hu can be grouped to give us some semblance human, forget that management the evolution of the world and thebeing implications to communities In 2020, an sometimes analyst might seek to find HOAs. relationships in the events of the year. me, establish norms for a successful community.

InFor a sense, the board these are lumped into four fundamental buckets: the community. Its purpose is to establish order and elevate or di It is suggested that all great organizations have Politics, including geopolitical intrigue and a progress and pace1)by establishing norms and constraints to bala passionate leaders, although not flashy ones, who Presidential election which created a schism for the to benefit all. roll up their sleeves and make decisions for the world to witness; 2) Environment, battles of fossil body they lead. HOA Board members are charged warming, and wildfires us all; and re It seems apparentfuels, thatglobal board leadership musttouched understand with looking to the future and predicting how it World Health, the shear feeling of hopelessness owners in order to3)orchestrate a sense of community and generate might impact the association. As a leader, it is and humanity’s grasp on its mortality as we learned and protect community values. The purpose of a board, therefore, is critical to set time aside, step back, and objectively that things bigger than us intimately connect community based onfinally, common values for the good assess, with outward vision, what build the future might us all; and, 4) Social Justice, witness the of all. hold for the association. confrontations of the failings of our leaders… and It takes time to orchestrate a community. It takes time to know your of those lead, to permanently deal with a human tothe listen and build a visionofreflective of commun The world is dynamic – it does time not stay sameto the hivevoices of activity and the abdication vigilance for will be more effective as a board member and satisfied kn and what is being witnessed now and is theyou continued what’s right.

your reason for being on the board.

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

Good luck and stay safe,

Sincerely,

David Zepponi Executive Director

ECHO EXECUTIVE DIRECTOR

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November/December 2020 | ECHO journal

“Hope” is the Thing with Fea As leaders of the smallest and most direct form of democracy in our society, a common interest develop, the HOA Board should consider the implications of these global buckets of events and consider the relationship of these to their own community in 2021 and beyond. And finally, we all should reflect on the words of American poet laureate, Emily Dickinson: “Hope” is the thing with feathers…

by Emily Dickinson

thers –

“Hope” is the thing with feat hers That perches in the soul And sings the tune without the words And never stops - at all And sweetest - in the Gal e - is heard And sore must be the storm That could abash the little Bird That kept so many warm I’ve heard it in the chillest land And on the strangest Sea Yet - never - in Extremit y, It asked a crumb - of me.

ECHO journal | November/December 2020

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BY LAURIE S. POOLE, ESQ., CCAL

The Evolution of Rental Restrictions in California Community Associations

I

mposing restrictions on owners who rent their homes is not a new concept for California community associations. Rental restrictions have evolved to address the changing times. On September 28, 2020, Governor Newsom signed Assembly Bill 3182, which goes into effect January 1, 2021, and will significantly impact how many California community associations govern rentals.

Rental Restrictions in HOAs – An Historical Look Under California law, a fundamental incident of property ownership is the right to convey property, which is known as “alienation.” Leases are a form of property conveyance. Any

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November/December 2020 | ECHO journal

unreasonable restraint on the right of alienation is void when repugnant to the interest created.1 Commonly, older governing documents contained few provisions relating to leasing.

Typically, these documents stated that leases needed to be in writing, no hotel services could be provided, and landlord owners needed to provide the tenant’s contact information.

In 2008, the founding of online vacation rental platforms such as Airbnb created new issues for community associations.

The staggering increase in owners engaging in the lucrative business of short-term rentals turned many quiet residential communities into vacation resorts, bringing noise, trash

and parking issues. Associations modified their governing documents to adjust to the changing times, by requiring the leases to be for a minimum period (e.g., no less than 30 days), requiring tenants to abide by the rules, and giving associations enforcement ability over tenants.

The influx of investor purchasers also resulted in governing document changes, such as requiring owners to live in their separate interest for a designated period of time before being able to lease (known as “mandatory waiting periods”) and limiting the percentage of total rentals in the community (called “rental caps”).

As associations changed

their rental restrictions, the law had to keep up. In 2008, the Mission Shores case2 held that proposed rental restrictions in a CC&R amendment requiring leases to be for a minimum of 30 days and giving the association the right to evict a tenant for a breach of the governing documents were reasonable.3 In reaching this conclusion, the court noted that CC&Rs are unreasonable if it is arbitrary and capricious, violates the law or a fundamental public policy or imposes an undue burden on property, and it is reasonable unless it meets those criteria.

Assembly Bill 3182, which goes into effect January 1, 2021, will significantly impact how many California community associations govern rentals.

Continued on page 10

ECHO journal | November/December 2020

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At a minimum, every association needs to review and analyze their current CC&Rs and rules to determine whether they have any rental language that prohibits, is unreasonably restrictive, or conflicts with the new law.

The Evolution of Rental Restrictions...

Continued from page 9

On January 1, 2012, Civil Code §4740 became effective and provides that “prohibitions” on rental or leasing of the separate interests does not apply to owners who purchased their home before the prohibition was adopted, unless they expressly consent to such prohibition.

The statute applied to rental prohibitions adopted on and after January 1, 2012. The term “prohibition” is not defined,

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which has created confusion as to whether certain provisions adopted after January 1, 2012 were considered “prohibitions” or “restrictions.”

In 2015, the Watts v. Oak Shores case4 determined that homeowners associations may adopt reasonable rules and impose fees on its members relating to short term rentals of condominium units.

Over the last few years, California’s affordable housing crisis has resulted in further law

November/December 2020 | ECHO journal

changes that impact community associations. Last year, Civil Code § 4751 became effective and prevents certain community associations from prohibiting or unreasonably restricting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). The housing crisis set the stage for the passage of AB 3182.

New Laws Governing Rental Restrictions Authored by Assembly Member Phil Ting the stated purpose of AB 3182 is to “marshal all available resources to address the housing and homelessness crisis.”5 The bill was advertised as a solution to California’s affordability issues by making more housing units available for renters. Whether this objective will be accomplished remains to be seen. What is clear

is that every California community association needs to understand the implications of these new laws.

AB 3182 modifies Civil Code § 4740 and adds new § 4741 to the Davis-Stirling Common Interest Development Act. Both sections address rental restrictions in common interest developments. It also makes changes to the laws pertaining to ADUs and JADUs. The new laws make the following changes: • Owners are not subject to rental “prohibitions” that were adopted after they purchased their separate interest, even if they consent to the prohibition.

• Owners will not be subject to any governing document provision which “prohibits,

•

•

•

•

has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units.”

However, associations can impose rental caps limiting the total number of separate interests (units, lots, etc.) to no less than 25% of the total number of separate interests.

Also, associations can adopt and enforce provisions that prohibit transient or shortterm rentals for a period of 30 days or less.

ADUs and JADUs are not considered “separate interests” under the new law.

By December 31, 2021, governing documents

that have unenforceable provisions will need to be amended “to conform” to the bill’s requirements.

• Associations that “willfully” violate the new law can be subject to a penalty of up to $1,000, plus actual damages.

At a minimum, every association needs to review and analyze their current CC&Rs and rules to determine whether they have any rental language that prohibits, is unreasonably restrictive, or conflicts with the new law. Some of the conflicts are obvious. For instance, rental caps under the 25% threshold are no longer allowed and associations with those provisions will need to amend their governing documents.

The validity of other common lease restrictions is not as Continued on page 12

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whether they need to make changes before the end of 2020. It is unclear whether an association with a rental cap under 25% will lose the ability to enforce the rental cap if they don’t amend the documents before the end of this year. The law does not give guidance on this point and there are differing opinions among community association attorneys. Some think the provision should be changed before the end of 2020 to preserve the ability to enforce the rental cap. Others assert that the rental cap will still be enforceable after January 1, 2021, at the new 25% level.

The new law raises more questions than it answers. One thing is clear, consultation with your community’s legal counsel is essential.

Cal. Civ. Code § 711 Mission Shores Assn. v. Pheil, (2008) 166 Cal. App. 4th 789 3 Mission Shores Assn. v. Pheil, 166 Cal. App. 4th 789, 796 4 Watts v. Oak Shores (2015) 235 Cal. App.4th 466.

5 Assembly Committee on Housing and Community Development Analysis, May 7, 2020 1

2

The Evolution of Rental Restrictions...

Continued from page 11

clear. For instance, mandatory waiting periods may be deemed to effectively prohibit or unreasonably restrict rentals.

Requiring leases to be for a minimum term longer than 30 days (e.g., 6 months or 12 months) may be an unreasonable restriction if not justified. What about enforcing breaches against tenants and imposing rules and fees on members related to rentals? The reasonableness test used in Mission Shores can help analyze the validity of such provisions under the new laws.

ADUs and JADUs are not to be construed as separate interests for purposes of the rental restrictions.

Further, if owners reside in either the main dwelling or ADU/JADU, 12

the separate interest will not be counted as being occupied by a renter. The effect of this language is that any rental caps of 25% or more will not apply to the leasing of ADUs or JADUs. While imposing a stiff penalty on associations that “willfully violate” new Civil Code § 4741, the statute does not address the how governing documents can be amended to conform. A rule change may be enough. However, if the CC&Rs contain language in conflict with the new law, an amendment is probably required.

Amending the CC&Rs typically requires a vote of the members.

While some CC&Rs allow the board to make changes without membership approval to bring the document into compliance with the law, others do not.

Associations are asking

November/December 2020 | ECHO journal

Laurie S. Poole, Esq., CCAL is a partner with Adams|Stirling, PLC and has been a California community association attorney since 1993.

LEGAL SHOWCASE ADVERTORIAL

NORTHERN CALIFORNIA

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ECHO journal | November/December 2020

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Legislative Session – 2020 Results For the most up-to-date information, visit the HOA Advocacy section at the ECHO website: www.echo-ca.org/hoa-advocacy

2020 is the second year of this legislative session.

The list below contains the bills most likely to impact common interest developments and their final disposition within the legislature.

requires an association to allow an owner to use at least one type of fire retardant roof covering material that meets certain requirements as defined in the section and in the International Building Code.

Current Legislation

SB 969

AB 2227 AUTHOR: Irwin SUBJECT: FDIC & Fidelity Bond Coverage STATUS: Dead

AUTHOR: Wieckowski SUBJECT: Association Elections STATUS: Dead POSITION: Watch

SUMMARY: Would require that association funds transfers greater than $10,000 receive prior written approval from the board of directors, that association funds shall be deposited in an institution insured by the FDIC, and that the association maintains certain types and levels of coverage for its directors, officers, and employees.

SUMMARY: Includes among the permissible reasons for disqualifying a person from nomination as a member of a Board of Directors of a common interest development, if the person has served the maximum number of terms or sequential terms allowed by the association. Requires additional persons to be appointed and overseen by the Inspectors of Election to also satisfy the criteria of who may be an independent third party.

AB 3182

SB 981

POSITION: Watch

AUTHOR: Ting SUBJECT: Short Term Rentals STATUS: Signed by Governor POSITION: Watch SUMMARY: This bill would make void and

unenforceable any governing document that prohibits the rental or leasing of any of the separate interests in a common interest development. It provides that an owner of a separate interest in a common interest development is not subject to provisions that effectively prohibit or unreasonably restrict the rental or leasing of any of the separate interests, including accessory dwelling units. The bill would not apply to a provision in a governing document that prohibits short-term rentals of 30 days or less.

SB 182 AUTHOR: Jackson SUBJECT: Fire Retardant Roofs STATUS: Vetoed by Governor. In Senate POSITION: Watch SUMMARY: Within a very high fire severity zone,

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November/December 2020 | ECHO journal

AUTHOR: Archuleta SUBJECT: Email Delivery of Documents STATUS: Dead POSITION: Watch SUMMARY: Would require an association to deliver documents by email unless a member has not provided a valid email address. Requires an association to make a good faith effort to acquire member email addresses. Additionally requires an association of at least 50 separate interests to maintain an association website, with certain exceptions.

SB 1340 AUTHOR: Wilk SUBJECT: Inspection of Decks and Balconies STATUS: Dead POSITION: Watch SUMMARY: Existing law requires an inspection of exterior elevated elements and waterproofing in an association. This bill would eliminate the prohibition against the contractor performing the inspection from bidding on the repair work.

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ECHO journal | November/December 2020

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“An ounce of prevention is worth a pound of cure.”

DISCLOSURE MINEFIELD PART TWO

How to Make It Safely Through the Disclosure Minefield

BY DAVID F. FEINGOLD, ESQ. AND MATTHEW A. HAULK, ESQ.

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November/December 2020 | ECHO journal

Founding father Benjamin Franklin coined this phrase in 1736 to remind the citizens of Philadelphia to remain vigilant about fire prevention. Nearly three-hundred years later, this timeless phrase remains solid advice for real fires (clear that defensible space!) and for the metaphorical fires caused by incomplete and partial disclosures.

The last issue of the Echo Journal provided a two-step approach for annual disclosures and purchase/sale disclosures.

This issue will provide an “ounce of prevention” approach to standardize the purchase/ sale disclosures under Civil Code § 4525 and Civil Code § 4530. Before beginning, a brief refresher on statutory disclosure requirements.

Civil Code section 4525 requires a seller to provide a buyer with Association records and information, including governing documents, the annual budget report, past minutes, assessment information, and a variety of other disclosures. In every transaction, the seller will ask the Association to provide these disclosures so that they can be passed along to the buyer. What are the consequences of not making the required disclosures? They can range from a $500 civil penalty to expensive and protracted litigation with the buyer and/ or the seller. Moreover, while a disclosure may comply with existing law and the applicable standard of care, and you may

have had the best of intentions, if a buyer is surprised you may still find yourself mired in litigation.

How to prevent such a conflagration? By going above and beyond. First and foremost, the Board should be involved in the content of required disclosures on a routine basis.

While a community manager may organize and make the disclosures as an agent of the Association, in the end it is the Board’s responsibility. The four components of the approach include (1) a written resolution of the Board, (2) the use of only an authorized form, (3) a flexible disclosure summary and/or compilation of relevant documents, and (4) adding disclosure as an agenda item.

Adopt a Written Resolution.

The Board adopts a written resolution which sets forth how and in what form the Board or its managing agent will respond to a seller’s Civil Code §4525 Request for Documents and Information. Among other things, the resolution requires communication only with the seller or the listing agent, not the buyer or buyer’s agent. This approach is set forth in Civil Code §4530 and was upheld in Kovich v. Paseo Del Mar HOA (1996) 41 Cal.App.4th 864. The managing agent or director in charge of responding to these requests may also provide a copy of the resolution to buyers and sellers, to “prove” that the manager’s or director’s authority is limited when it comes to disclosures. It should be noted here that limiting the lines of communication does not mean managers or directors should adopt a “circle the wagons” approach to disclosures.

Full information can and should always be provided to the seller.

Values in the community are not enhanced by secrecy. Association representatives should be kind and respectful to all real estate agents, especially those that need some education on the process.

Use Only an Authorized Form.

Pursuant to the instructions in the Resolution, the managing agent or director handling these requests only communicates with the seller or the seller’s agent, and regardless of the form of the request received, responds with the approved form. Be very cautious, as many forms you receive from real estate agents ask the Board to make specific representations that are improper.

The approved form can be custom or pre-printed. There are a variety of pre-printed forms but many real estate agents may be most accustomed to using the forms produced by the California Association of Realtors (C.A.R. Forms).

Develop a Disclosure Summary or Compilation of Documents. If the Association is like many mature projects, management and the Board may be involved in evaluating the

nature and scope of premature component failures, and the adequacy of the reserve accounts.

This process may take a year, maybe two, maybe more. The data and information received may change rapidly. In these circumstances, where the Board “anticipates” that an increase in assessments may be necessary in the future, it is best to develop either a compilation of relevant documents or a disclosure summary. The compilation could include copies of relevant owner updates, perhaps preliminary reports from experts, and any other information the Board has that is relevant to the anticipated assessment increase. The benefit of a compilation of documents is that it can be quickly and easily added to as new information is received. A summary which is updated as necessary may also serve this purpose. It is also important to include a clear disclaimer that any information is subject to change. That summary or compilation of documents can then be attached and delivered to a seller with the response to the Civil Code §4525 Request for Documents and Information.

Continued on page 18

(408) 345-4000 http://wm-llp.com We counsel: • Condominium Associations • Planned Unit Developments

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ECHO journal | November/December 2020

17

How to Make it Through...

Continued from page 17

Agendize Disclosure. A good practice is also to agendize the disclosure. At each regular Board meeting, or at least a few times a year, the Board may add to the regular Agenda, under Old Business, the line item “Disclosure.” At each meeting consider whether there is any new information that should be

added to the package, or the summary. Agendizing disclosure is a convenient way to ensure the Board stays involved in the disclosure process.

Summary A standardized process is the best way to go above and beyond and avoid expensive lawsuits brought by surprised buyers.

This is especially important in

aging Associations anticipating extraordinary repairs and special assessments. Community Managers and Directors would be well served by using this approach. Creating bullet proof disclosures protects the Association and its managing agent and directors from claims; and as a bonus, they lead to a more cohesive membership, which in turn enhances the value and desirability of the community.

David F. Feingold, Esq. (left) and Matthew A. Haulk, Esq. (right) practice community association law in the San Francisco Bay Area and are partners in the Marin County law firm of Ragghianti Freitas LLP.

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November/December 2020 | ECHO journal

Davis-Stirling Act Annual Disclosure Checklist Annual Budget Report 30 to 90 days Prior to Start of Fiscal Year (Civil Code § 5300) At least 30 days before distributing Annual Budget Report Notify members of their obligation to provide the association with their contact information. (Civil Code § 4041.)

1.

Pro Forma Budget. A full budget or a summary (§5320) showing the estimated revenue and expenses on an accrual basis. (If raising assessments, notify members, not less than 30 nor more than 60 days prior to any increase.)

2. Reserve Summary. A summary of the reserves.

3. Reserve Funding Plan. A summary of the reserve funding plan, unless full report requested.

4. Major Component Repairs. A statement as to whether the board will defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including an explanation.

5. Anticipated Special Assessments. A statement as to whether special assessment(s) may be required to repair, replace, or restore any major component or to provide adequate reserves, and how much and when.

6. Reserve Funding Mechanism. A statement as to the mechanism or mechanisms by which reserves will be funded to repair or replace major components.

7. Procedures for Calculating Reserves. The procedures used for the calculation and establishment of those reserves.

8. Outstanding Loans. A statement as to whether the association has any outstanding loans with an original term of more than one year, with detail.

9. Insurance Summary. Distribute a summary of the association’s insurance.

10. Assessment & Reserve Form. The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Civil Code § 5570.

11. FHA/VA Certification. For condominiums only, must disclose in 10-point font on separate page whether the HOA is or is not certified by the FHA and VA. 12. Charges for Documents Provided. The completed “Charges for Documents Provided” disclosure identified in Civil Code § 4528.

Annual Policy Statement 30 to 90 days Prior to Start of Fiscal Year (Civil Code § 5310) 1.

Designated Recipient. The name and address of the person designated to receive official communications to the association, pursuant to Section 4035.

2. Right to Notice to Two Addresses. A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to subdivision (b) of Civil Code § 4040.

3. General Notice Location. The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Civil Code § 4045.

4. Right to Individual Delivery. Notice of a member’s option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045.

5. Right to Minutes. Notice of a member’s right to receive copies of meeting minutes, pursuant to subdivision (b) of Civil Code § 4950.

6. Collection Policy. A statement of assessment collection policies per Civil Code § 5730.

7. Lien Policy. A statement describing the association’s policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments.

8. Rules Enforcement Policy. A statement describing the association’s discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850.

9. Dispute Resolution Procedures. A summary of dispute resolution procedures, pursuant to Civil Code §§ 5920 and 5965.

10. Architectural. A summary of any requirements for association approval of a physical change to property, pursuant to Civil Code § 4765.

11. Overnight Payments. The mailing address for overnight payment of assessments, pursuant to Civil Code § 5655.

12. Miscellaneous. Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion.

Year End Financial Statements - 120 days after Close of Fiscal Year

Financial Statement. Unless the governing documents impose more stringent standards, a review of the financial statement of the association must be prepared per GAAP by a CPA for any fiscal year in which the gross income to the association exceeds $75,000 and distributed to members. (Civil Code § 5305.)

ECHO journal | November/December 2020

19

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New Professional Service Providers Alterra Assessment Recovery provides comprehensive, attorneysupervised assessment collection services to homeowners associations (HOAs), community associations and condominium developments throughout California.

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

Alterra 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 HOA 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 law firms or HOA collection agencies, Alterra does not believe a “onesize-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. Trust us with your collection needs; we’ll get the job done, done right, and as quickly and efficiently as possible.

Ramona Acosta, PCAM​ Director of Business Development (949) 588-0866 | ramona@tinnellylaw.com alterracollections.com

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November/December 2020 | ECHO journal

Ascendant Association & Property Management – After having served in the industry of association and property management for the past 26-years and listening to board and general members alike, our founder decided it was time to set the bar for the local industry. In June of 2020 Ascendant Association & Property Management, L.L.C. was founded.

Our founder felt it even more important that he open Ascendant after board members of several associations asked if he would consider managing their association. During those discussions a common theme became evident. One was that the owners or executives of the companies had over promised the board members. As those owners and executives faded from the scene managers would be assigned.

Within six to twelve months the board would conclude the assigned manager was too distracted by the large number of accounts they had, under supported or too green for the myriad of issues their respective association was dealing with. When more than one of these board members shared that many in their community felt our founder “had set the bar” he felt compelled to resume assisting volunteer board members manage their associations. And, to train others to do the same.

Sandy Oxley Founder & CEO (415) 877-7689 | sandy@ascendantmgmt.com ascendantmgmt.com

Recon360 is a general contractor specializing in reconstruction, roofing, painting, and maintenance services dedicated exclusively for homeowner association communities. We are dedicated to serving the Board of Directors with our expertise in waterproofing and building exterior solutions. Recon360 is a proven industry partner getting projects built to code, built on time, and built to budget.

We are a recognized industry leader with an experienced team and committed leadership. We identify the building problems and implement the best solutions to get the job done right. Every client and every project is unique. Our expert team will prove itself by giving your buildings a second chance, comparing alternative work scopes that may save you money. We bring trusted experience and enthusiasm to tackle all your building challenges with team-oriented solutions.

Thu Anh Nguyen Director of Client Relations (408) 807-5072 | ThuAnh@Recon-360.com Recon-360.com

TARC Construction incorporated in 2003 on a foundation of 20+years of experience in the asphalt, concrete and underground construction industry with customer satisfaction at its core value. TARC Construction Inc. is a full-service, self-performing paving and concrete maintenance company serving residential communities throughout the Bay Area.

TARC offers a wide variety of services including, but not limited to, Asphalt Remove and Replace, Asphalt Repair, Parking Lot Resurfacing, Pavement Overlays, Seal Coating/Slurry Seal Surfacing, Wheel Stops and Speed Bumps, Concrete Parking Lot Repairs, Custom Concrete, Concrete Slabs and Basins, Saw Cutting, Retaining Walls and ADA Ramps and Signage.

TARC manages full-time specialized crew(s) for both concrete and asphalt work and striping. TARC owns and operates a complete fleet of equipment, including pavers, seal machines, rollers, skip loaders, backhoes and bobcats to name a few. Operations are based at TARC Construction headquarters in Fremont, CA.

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THE SELF-MANAGED HOA

BY JOHN CLIGNY, AMS, CAMEx, CCAM-HR

The Challenge of State Regulation 2019 was a banner year as California legislators passed and Governor Newsom signed several new laws affecting common interest developments.

AB 670 – Accessory dwelling units (ADUs), SB 234 – Family daycare homes, SB 323 – Elections, SB 326 – Inspections of load-bearing components, SB 652 – Displays of religious items on entry doors, and SB 754 – Elections by acclamation. Each of these laws required that boards of directors make changes to their associations’ rules and regulations. Fast forward to March 2020 and statewide coronavirus responses that included stay at home orders and social distancing requirements that canceled member meetings and board meetings while establishing the reality of the virtual meeting.

Self-managed associations may find themselves behind the eight-ball in developing revised rules, policies, and budgets to comply with the 2019-2020 legislation. As California begins to roll back COVID guidelines, self-managed boards of directors need to assess their compliance and governance priorities.

SB 323 and SB 754 required boards of directors to adopt revised voting and election rules at least 90-days before any 2020 election. This was a huge undertaking without the pandemic and as the pandemic continues many associations are still not in compliance and are at risk of conducting elections that do not meet these regulatory requirements.

AB 670, SB 234, and SB 652 should not be underestimated in their effect on association governance. Boards of directors need to be out in front of these new laws by drafting and adopting rules and policies as well as examining how these laws impact relevant sections of the CC&Rs and the enforcement of those provisions that would prohibit ADUs, family daycare homes and displaying religious items on residential entry doors. Proactive boards will be in a better position to manage these situations when they inevitably arise in their communities.

SB 326 requires condominium associations to commission a reasonably competent visual inspection of all load-bearing components and waterproofing at least once every 9 years. The new law includes requirements for inspector qualifications and licensing, reporting and if damage is found, mandates repair schedules and funding options.

For condominiums affected by this law compliance will have a profound impact on inspection and maintenance schedules, reserve studies, and budgets.

Looking forward to the 2020-2021 legislative season, some relief may be on the way. State legislators have been otherwise preoccupied and at present, there are only a few bills that may make their way to the Governor’s desk. Due to the pandemic, several bills affecting community associations are on Continued on page 24 ECHO journal | November/December 2020

23

The Self-Managed HOA Continued from page 23

hold, except for AB 3182 which would prohibit associations from placing restrictions on rentals in communities. The bill has recently been amended to exclude short term rentals but still possess significant risk to community associations and is being watched closely by ECHO and other community management associations.

California community associations will continue to be highly regulated without regard for community size, type or complexity. This one size fits all approach to HOA regulation will adversely affect smaller selfmanaged associations who will struggle to meet compliance requirements while keeping assessments under control and governing effectively. Selfmanaged associations can stay ahead of California’s legal minefield by including these activities on their governance calendars.

Consider pending legislation at least quarterly. Adding this to the board meeting agenda at least quarterly will focus board members’ attention and awareness of trending concerns in community association governance. Include news releases and notifications from ECHO and its contributors. Paying a little attention before a bill becomes law will help boards consider the implications of a bill, its possible economic impact and avoid surprises.

Invite the association’s attorney to a board meeting.

All community associations, especially self-managed associations should have an 24

attorney. Inviting the attorney to attend a board meeting to explain pending and chaptered (signed into law) bills will help the board to plan appropriate revisions to rules and proactively implement changes to meet compliance requirements. In the long run, this will help associations save money, avoid unnecessary risks, and respond timely when changes are needed.

Take advantage of educational opportunities. Due to the pandemic and restrictions on social gatherings and meetings, virtual learning and educational opportunities are everywhere.

Take advantage of webinars and virtual conferences to learn about pending legislation and get tips on how to comply with new laws.

This has been especially helpful as associations navigate the new election laws (SB 323 and SB 754) and implement the inspection and reporting requirements of SB 326.

Keep community members informed. Annual meetings, town hall meetings, newsletters, e-bulletins, and single-subject notifications and announcements are effective ways to keep your members apprised of pending and passed legislation that affects their property and community.

This flow of information has the added benefit of proving members a heads up when new laws result in amendments or restating of the governing documents or the board’s consideration and adoption of new and revised rules and necessary assessment increases.

Consider how new laws impact the budget. Compliance with state regulations will cost money. Before approving the budget and reserve study

November/December 2020 | ECHO journal

consult with a CPA or attorney to evaluate the economic impact of compliance with new laws.

This has been especially true of SB 323 (elections) and SB 326 (load-bearing components and waterproofing). SB 323 required associations to adopt new or revised voting and election rules incurring attorney fees and in some cases the hiring of election inspectors. SB 326 will require condominium associations to hire qualified inspectors, commission reports, and update or create maintenance and repair plans and schedules. Compliance with new laws will inevitably impact operating and reserve budgets necessitating additional increases to assessments to assure financial stability and sustainability.

California’s regulation of community associations will continue to create challenges for self-managed associations and board of directors. Community members need to be confident that board members are aware and proactive in their approach to legislative compliance and risk management. Successful boards will make legislative awareness and education a top priority and a regular activity in the management of their community associations.

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

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Our office will retain a licensed architect or engineer and assist in developing a compliant inspection protocol. Please contact us to see if your community qualifies for this program. For more information regarding the C&I Balcony Inspection Compliance Program email us at SB326@cnilawfirm.com or call us today.

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Chapman & Intrieri, LLP, (C&I) has successfully litigated numerous construction defect claims recovering more than two hundred million dollars for our residential community association clients. However, we believe that the true measure of success is not defined by the amount of the recovery but whether the amount recovered is sufficient to implement the necessary repairs without requiring a special assessment to homeowners. This is accomplished through comprehensive investigation of every component of the development to fully understand the true scope and nature of the issues.

A Legal Team with Experience & Expertise The C&I Litigation Team is experienced in all aspects of complex construction defect litigation and defective product liability disputes. We invest the time and resources necessary to achieve the best result and never recommend that our clients accept a low settlement offer simply to earn our fee and move on to the next case. This distinguishes our firm from competitors who promise a swift resolution – which improperly prioritizes expediency over obtaining an adequate recovery – and can

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FREE Access to Online Video Conferencing for HOA Board Meetings During the coronavirus isolation, you are not alone. Echo is working hard to build resources to assist you and your HOA during this difficult time.

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November/December 2020 | ECHO journal

LEGAL SHOWCASE ADVERTORIAL

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Industry Focused, Relationship Driven We assist our clients in a wide range of Association functions, including: elections, CC&R and rules drafting, amendment of governing documents, implementation and enforcement, resolving disputes with homeowners and neighboring property owners, negotiating and drafting contracts with vendors, and when necessary, litigating claims to protect the association.

Richardson | Ober | DeNichilo can trace its roots to the very founding of community association law in California, and our attorneys have been involved in some of the most seminal cases that have shaped our industry. Our firm has thrived because of our demonstrated commitment

to achieving results with honesty, integrity and an overriding attention to detail. We are nationally and locally regarded for consistently responding to each client’s unique legal needs in a direct, practical, and results-oriented manner.

Richardson | Ober | DeNichilo represents community associations from Northern California to San Diego. Several members of the firm are active members of and contributors to the Community Associations Institute (“CAI”) and the California Association of Community Managers (“CACM”), and we are deeply committed to the common interest development housing sector. Our background and experience

with, and our commitment to, community associations demonstrates our recognition of the importance to your association of quality legal representation. We pride ourselves on our firm-wide standard of excellence in all aspects of community association representation. You should expect nothing less.

We recognize the importance to you of quality legal representation in all matters affecting your association. Partners Kelly Richardson, Matt Ober, and Robert DeNichilo are fellows of CAI’s National College of Community Association Lawyers (CCAL). CCAL is comprised of 155 Fellows; a select group of lawyers who have demonstrated leadership, reputation, skill, experience and high standards of professional and ethical conduct in the practice of community association law. We are proud to have three members in our firm who are part of this select group.

Our attorneys are regular speakers at community association law forums and real estate industry events. As educators, we develop courses for realtors, residents and community association managers, providing ongoing professional development to community association leaders, volunteers and other professionals within the industry. We are featured authors in newspaper columns and industry publications providing our clients with the latest legal trends, practical tips and legislative updates.

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November/December 2020 | ECHO journal

Common Interest Management Services...........................................................10 Heritage Bank of Commerce................. 22 IQV Construction & Roofing................... 12 Kevin Boland Insurance............................. 11 Levy, Erlanger & Company, LLP........... 35 Rebello’s Towing Services, Inc.................2 Recon360....................................................... 18 White & MacDonald, LLP......................... 17

LEGAL SHOWCASE ADVERTORIAL

There is no substitute for Expertise. HOA Law is what we do. Representing California HOAs exclusively for over 30 years.

We pride ourselves on being sensitive to our clients’ interests and being able to craft sensible and effective solutions to their problems. The trust we have earned has resulted in client relationships that span decades.

Tinnelly Law Group is devoted entirely to the unique legal landscape that HOAs and their Boards of Directors face. Virtually all of our efforts are directed toward the representation of HOAs. Our firm prides itself on being sensitive to the interests of HOAs and being able to craft pragmatic, sensible and effective solutions to their problems.

Our firm believes there is no substitute for expertise. We have been representing HOAs exclusively since our founding in 1989. Our firm has developed a special expertise in the areas most important to Boards of Directors in their efforts to manage the affairs of their HOA: general counsel, governing document interpretation and enforcement, assessment recovery, alternative dispute resolution (ADR)

and litigation. We also dedicate a substantial amount of time and resource to publishing educational whitepapers, blog posts and newsletters addressing trends in HOA law and popular issues encountered by our clients and their management.

We are constantly looking for ways to expand upon the value we add for our clients. One of our websites, FindHOALaw. com, is a comprehensive library of HOA law and legal information. Its thousands of pages of content and easy-to-use interface provides our clients and their management with a powerful tool for learning about the unique body of law governing HOAs in California.

We understand the importance of responsive and accessible attorneys and staff. Our technology and office policies ensure open and immediate lines of communication with our clients and their management. Our firm understands that cost-efficiency should be a central tenet of every professional services firm. We have made significant investments in cutting edge, cloud-based technology to improve our efficiency and to provide significant cost savings for our clients. This technology drastically improves the efficiency with which we access, manage, store and secure our clients’ files and information, while expanding the ability of our clients to communicate with our attorneys. The result is more effective handling of client matters at a reduced expense to our clients.

Our firm believes that excellence requires a commitment to continued improvement—both in the way we service our clients’ needs and in our knowledge of the changing laws which relate to the representation of HOAs. We pride ourselves on being sensitive to our clients’ interests and on being able to craft sensible and effective solutions to their problems. The trust we have earned has resulted in client relationships that span decades.

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ECHO journal | November/December 2020

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5 LOCATIONS STATEWIDE

TINNELLY LAW GROUP, PC

ECHO 2021 LEGAL R

ATTORNEYS Adams Stirling, PLC

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

Angius & Terry, LLP

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

Flanagan Law, APC

Tim Flanagan, Esq. 8880 Rio San Diego Drive, Suite 800 San Diego, CA 92018 (619) 489-3100 tim@flanaganhoalaw.com www.flanaganhoalaw.com

Barbara C. Zimmerman Law Office 131 Story Circle, Ste. 500 Santa Rosa, CA 95401 707-578-7555 www.bcz-law.com

Chapman & Intrieri, LLP

J. Spencer Edgett, Esq. 2236 Mariner Square Dr., Ste. 300 Alameda, CA 94501 510-864-3600 spencer@cnilawfirm.com www.cnilawfirm.com See our Advertorial on page 25

Hanna & Van Atta

525 University Ave., Ste. 600 Palo Alto, CA 94301Â 650-321-5700 John Hanna jhanna@hanvan.com David Van Atta dvanatta@hanvan.com www.hanvan.com

Hopkins & Carley

70 S. First Street San Jose, CA 95113 408-286-9800 www.hopkinscarley.com

Clark Hill PLC

One Embarcadero, Ste. 400 San Francisco, CA 94111 415-984-8500 www.clarkhill.com

Community Legal Advisors, Inc. Mark T. Guithues, Esq. 509 N. Coast Highway Oceanside, CA 90254 760-529-5211 mark@attorneyforhoa.com www.attorneyforhoa.com See our Advertorial on page 33

Ericksen Arbuthnot

2300 Clayton Road, Ste. 250 Concord, CA 94520 510-832-7770 www.eriksenarbuthnot.com

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Hughes Gill Cochrane Tinetti, PC Amy K. Tinetti, Esq., CCAL 2820 Shadelands Drive, Ste. 160 Walnut Creek, CA 94598 925-926-1200 atinetti@hughes-gill.com www.hughes-gill.com See our Advertorial on page 15

Hutchinson & Bloodgood, LLP 579 Auto Center Drive Watsonville, CA 95076 831-724-2441 www.hbllp.com

Law Offices of Barrett R.P. Schaefer 790 Mission Ave. San Rafael, CA 94901 415-485-2200 www.bschaeferlawfirm.com

November/December 2020 | ECHO journal

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

Law Offices of John D. Garvic 3 East Third Ave. San Mateo, CA 94401 650-342-0873 www.garviclaw.com

Law Offices of Kevin D. Frederick, Esq. 605 Middlefield Road Redwood City, CA 95063 650-365-9800 www.kevinfredericklaw.com

Law Offices of Mark J. Wleklinski 560 Lennon Lane, Ste. 100 Walnut Creek, CA 94598 925-280-1192

Law Offices of Tom Fier

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

Law Offices of Wanden P. Treanor PO Box 998 Larkspur, CA 94977 415-891-8200

Lightfoot Law Firm

Stephen Lightfoot, Esq. 200 Tamal Plaza, Ste. 135 Corte Madera, CA 94925 415-945-9998 slightfoot@lightfootlawfirm.com www.lightfootlawfirm.com

Michael B. Allen Law Group, Inc. 66 Bovet Road, Ste. 250 San Mateo, CA 94402 650-347-5000 www.mballenlaw.com

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SwedelsonGottlieb Noland Law PC

Alex Noland, Esq. 100 Pine Street, Suite 1250 San Francisco, CA 94111 (415) 481-0825 alex@noland-law.com www.noland-law.com

Pratt & Associates, APC

Sharon Glenn Pratt, Esq. 634 N. Santa Cruz Ave., Ste. 204 Los Gatos, CA 95030 408-369-0800 spratt@prattattorneys.com www.prattattorneys.com See our Advertorial on page 13

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

Richardson | Ober | DeNichilo LLP Kelly G. Richardson, Esq. Matt D. Ober, Esq. Robert M. DeNichilo, Esq. 234 E. Colorado Blvd., Ste. 800 Pasadena, CA 91101 626-449-5577 info@rodllp.com www.rodllp.com See our Advertorial on page 27

San Francisco-Marin Lawyer Referral & Info Services 301 Batter Road, Third Floor San Francisco, CA 94111-3203 415-989-1600 www.sfbar.org

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

350 Sansome Street, Ste. 300 San Francisco, CA 94102 www.lawforhoas.com 415-762-1889 www.lawforhoas.com

ARBITRATION & MEDIATION Law Offices of Wanden P. Treanor PO Box 998 Larkspur, CA 94977 415-891-8200

The Miller Law Firm

Rachel M. Miller, Esq. 235 Montgomery Street, Ste. 930 San Francisco, CA 94104 415-437-1800 rachel@constructiondefects.com www.constructiondefects.com

Tinnelly Law Group, PC

Ramona Acosta, PCAM 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 949-588-0866 ramona@tinnellylaw.com www.tinnellylaw.com See our Advertorial on page 29

Robert Aune Mediation & Arbitration Services

Robert Aune, Esq. Four Embarcadero Center, Ste. 1400 San Francisco, CA 94111 415-433-6400 raune@auneadrservices.com www.auneassociates.com

ASSESSMENT COLLECTION SERVICES Allied Trustee Services 990 Reserve Drive, Ste. 208 Roseville, CA 95678 800-220-5454 www.alliedtrustee.com

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

White & MacDonald, LLP 1530 The Alameda, Ste. 215 San Jose, CA 95126 408-345-4000 info@wm-llp.com www.wm-llp.com

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 5

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

Wolff Law Office

George Wolff, Esq. 580 California St., 12th Floor San Francisco, CA 94104-1000 415-788-1881 george@wolfflaw.com www.wolfflaw.com

Community Legal Advisors, Inc. Mark T. Guithues, Esq. 509 N. Coast Highway Oceanside, CA 90254 760-529-5211 mark@attorneyforhoa.com www.attorneyforhoa.com See our Advertorial on page 33

Continued on page 32

ECHO journal | November/December 2020

31

ECHO 2021 LEGAL RESOURCE DIRECTORY ASSESSMENT COLLECTION SERVICES

Richardson | Ober | DeNichilo LLP Kelly G. Richardson, Esq. Matt D. Ober, Esq. Robert M. DeNichilo, Esq. 234 E. Colorado Blvd., Ste. 800 Pasadena, CA 91101 626-449-5577 info@rodllp.com www.rodllp.com See our Advertorial on page 27

BYLAW AND CC&R REVISIONS

Richardson | Ober | DeNichilo LLP Kelly G. Richardson, Esq. Matt D. Ober, Esq. Robert M. DeNichilo, Esq. 234 E. Colorado Blvd., Ste. 800 Pasadena, CA 91101 626-449-5577 info@rodllp.com www.rodllp.com See our Advertorial on page 27

Tinnelly Law Group, PC

Ramona Acosta, PCAM 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 949-588-0866 ramona@tinnellylaw.com www.tinnellylaw.com See our Advertorial on page 29

CONSTRUCTION DEFECT LITIGATION Berding | Weil LLP

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

GENERAL COUNSEL Hughes Gill Cochrane Tinetti, PC Amy K. Tinetti, Esq., CCAL 2820 Shadelands Drive, Ste. 160 Walnut Creek, CA 94598 925-926-1200 atinetti@hughes-gill.com www.hughes-gill.com See our Advertorial on page 15

32

Mark T. Guithues, Esq. 509 N. Coast Highway Oceanside, CA 90254 760-529-5211 mark@attorneyforhoa.com www.attorneyforhoa.com See our Advertorial on page 33

The Miller Law Firm

Rachel M. Miller, Esq. 235 Montgomery Street, Ste. 930 San Francisco, CA 94104 415-437-1800 rachel@constructiondefects.com www.constructiondefects.com

Pratt & Associates, APC

Sharon Glenn Pratt, Esq. 634 N. Santa Cruz Ave., Ste. 204 Los Gatos, CA 95030 408-369-0800 spratt@prattattorneys.com www.prattattorneys.com See our Advertorial on page 13

Wolff Law Office

George Wolff, Esq. 580 California St., 12th Floor San Francisco, CA 94104-1000 415-788-1881 george@wolfflaw.com www.wolfflaw.com

INSPECTOR OF ELECTIONS

Tinnelly Law Group, PC

Ramona Acosta, PCAM 27101 Puerta Real, Ste. 250 Mission Viejo, CA 92691 949-588-0866 ramona@tinnellylaw.com www.tinnellylaw.com See our Advertorial on page 29

RESERVE STUDIES Applied Reserve Analysis Liberty HOA Election Services, Inc. Deanna M. Libert 1175 Branham Lane, #18787 San Jose, CA 95118 408-482-3525 deanna@hoaelection.com www.hoaelection.com

4040 Civic Center Drive, Ste. 200 San Rafael, CA 94903 800-500-8505 www.appliedreserveanalysis.com

Association Reserves, Inc. 1278 Indiana Street, Ste. 400 San Francisco, CA 94107 415-694-8931 www.reservestudy.com

The Helsing Group

Chapman & Intrieri, LLP

J. Spencer Edgett, Esq. 2236 Mariner Square Drive, Ste. 300 Alameda, CA 94501 510-864-3600 spencer@cnilawfirm.com www.cnilawfirm.com See our Advertorial on page 25

Community Legal Advisors, Inc.

Professional Association Services, Inc. Pat Gromer, CMCA 42612 Christy Street Fremont, CA 94538 707-539-5810, ext. 352 patricia@pas-inc.com www.pas-inc.com

November/December 2020 | ECHO journal

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

LEGAL SHOWCASE ADVERTORIAL

Community Legal Advisors provides guidance to HOA board of directors helping them to navigate the complex legal landscape surrounding homeowner association law.

that we have implemented a policy of free telephone calls for clients who enter a retainer agreement with our firm. We want our clients to “make a quick call” to confirm that an action they are about to undertake is consistent with the association’s governing documents and California law.

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

OUR COMMITMENT:

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

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

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

legislation, taught industry education courses, advised community associations in their daily operations and litigated conflicts between associations and their vendors, insurers and members.

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

The proverbial “ounce of prevention” can save hundreds of thousands of dollars of “cure.”

We so completely believe this,

Community Legal Advisors Inc. COMMUNITY ASSOCIATION ATTORNEYS

SAN DIEGO • ORANGE COUNTY PALM DESERT 833.938.1877 | www.attorneyforhoa.com

ECHO journal | November/December 2020

33

SAN DIEGO • ORANGE COUNTY • PALM DESERT

COMMUNITY LEGAL ADVISORS, INC.

LIVESTREAM WEBINAR

January 28, 2021 | 1:00 pm – 2:30 pm

Register today at www.echo-ca.org

Alternative & Internal Dispute Resolution for HOAs PRESENTED BY J. Spencer Edgett, Esq. | Chapman & Intrieri , LLP Tim Flanagan, Esq. | Flanagan Law, APC The panelists will discuss the various forms of dispute resolution including Internal Dispute Resolution “IDR” and Alternative Dispute Resolution “ADR” and how the Board of Directors can use these procedures to successfully resolve disputes in order to avoid costly and unnecessary litigation. The discussion will include statutory requirements for IDR/ADR mandated by the Davis Stirling Act and best practices for implementation. The various forms of ADR will also be discussed including mediation and arbitration. In addition to the legal requirements of these procedures, the panelists will provide practical advice on effective strategies to achieve resolution and how to avoid common pitfalls that can torpedo the chances for a successful outcome.

34

November/December 2020 | ECHO journal

Echo

Echo LiveStream Statewide Webinars are a great way to learn about specific topics related to your HOA. From basic accounting principals to California laws that impact HOA governance, Echo speakers provide information that can benefit your community. Ask-the-Expert Q&A sessions are always an audience favorite!

LiveStream Webinars are FREE for all Echo HOA homeowners and board members!

Join today!

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Echo

DISCRIMINATION:

Cultural Sensitivity & Reasonable Accommodations PRESENTED BY

Mark T. Guithues, Esq. Community Legal Advisors Fair Housing Claims, comprised of alleged violations of the Federal Americans with Disabilities Act, the Federal Fair Housing Act, the State of California’s Fair Housing and Unruh (Civil Rights) Act, may all be prosecuted by California’s Department of Fair Employment & Housing at zero cost to the claimant against you and your Board’s directors and the association itself. Learn to avoid these expensive and unrelenting acts of “equity.”

Echo LiveStream Statewide Webinars are a resource to learn about specific topics related to your HOA. From basic accounting principals to California laws that impact HOA governance, Echo speakers provide information that can benefit your community. Ask-the-Expert Q&A sessions are always an audience favorite!

LiveStream Webinars are FREE for all Echo HOA homeowners and board members!

Join Echo today!