Common Assessment Winter Issue

44
Common B RINGING Y OUR C OMMUNITY T OGETHER WINTER 2010 SHOULD VOLUNTEER WORKERS help to build your community? page 10 Having trouble finding a business partner? It's time to get CREATIVE page 17 RAISING THE BAR on managing liquor liability page 20 The professional provider of education, advocacy and resources for Community Associations

description

An informative magazine geared towards the CID industry and community associations. cid, community, cai, community management, board of directors, hoa, clac, community association

Transcript of Common Assessment Winter Issue

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 1

Common

Bringing Your CommunitY together

WINTER 2010

SHOULD VOLUNTEER WORKERS help to build your community? page 10

Having trouble finding a business partner? It's time to get CREATIVE page 17

RAISING THE BAR on managing liquor liability page 20

The professional provider of education, advocacy and resources for Community Associations

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E2

2 0 1 1 E V E N T C A L E N D A R All dates, times and locations subject to change. Please visit our website, www.cai-sd.org, for an updated calendar.

JANUARY

13-15 Community Association Law Seminar

Las Vegas, NV

20-22 PMDP M-100 Course

The Essentials of Community Association Management

FEBRUARY 4 Trade Show Legal Update 2011 DoubleTree Hotel,

Mission Valley

26 Essentials of Community Association Volunteer Leadership – Courtyard by Marriott

MARCH2 Morning

Educational Program

Earthquake Preparedness

Courtyard by Marriott

11 Bowling Tournament

25 CID Law Course Courtyard by

Marriott

31-April 1 M-206 Course

APRIL10-11 Legislative Day at

the Capitol Sacramento, CA

TBA Annual Educational Conference

Location & Topics TBA

MAY4-7 CAI National

Conference Boca Raton, FL

11 Morning Educational Program

ADR/IDR Courtyard by

Marriott

TBA Monte Carlo Night Location TBA JUNE10 Trade Show Going Green in

HOAs DoubleTree Hotel,

Mission Valley

23-25 CEO-MC Retreat – Salt Lake City, UT

JULY15 Morning

Educational Program

Getting the Most Out of Your CAI Membership

Courtyard By Marriott

AUGUSTTBA Day at the Races –

Del Mar Race Track

26 Trade Show Cybercrime/

Embezzlement Embezzlement

SEPTEMBERTBA CAI San Diego Golf

Classic Location TBA

14-18 Large Scale Managers Workshop – Seattle, WA

23 Morning Educational Program

Employment Law This course is

part of a series of programs for expe-rienced managers and Management Company CEOs

Courtyard by Marriott

30 CID Law Course Courtyard by

Marriott

OCTOBER7 Trade Show New Technology:

There’s an App for That!

DoubleTree Hotel, Mission Valley

22 Essentials of

Community Association Volunteer Leadership

Courtyard by Marriott

NOVEMBER4 Morning Educational

Program Almost Free Legal

Advice

Courtyard by Marriott

DECEMBER9 Holiday Award

Banquet Luncheon & Trade Show

DoubleTree Hotel, Mission Valley

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 3

Features 7 BringingCommunities

Together–OneActivityataTime

BYJEANMARIESALVIA,CCAM,PCAM

10 ShouldVolunteer

WorkersHelptoBuildYourCommunity?

BYJAYHANSEN,ESQ.

14 HowtoAchieveQuorum

foranAnnualMeeting BYTINAROZYCKI,CMCA

17 HavingTroubleFindinga

BusinessPartner?TimetoGetCreative!

BYLESLEYFINCH,PCAM

20 RaisingtheBaronManagingLiquorLiability:PotentialRisksandRiskManagementMeasures

BYJODIA.KONORTI,ESQ.

37 TheProperCareandNurturingofourBusinessPartners

BYSHARYNEDWARDS,CMCA

Departments 4 President’sMessage BYCHRISHODGE,PCAM

16 CLACDonationsHonorRoll

24 RenewingMembers

28 Newsstand

31 HomeownersCorner BudgetingNeedNotbea

Chore:HelpisAvailable BYSAMDOLNICK

32 2010KeyBillStatusSummary

42 What’sNewinSanDiego

IFC 2011Chapter EventCalendar .OBC2010MarketingPlan

ChapterNews22 SeptemberGolf

Tournament

34 September10MorningEducationalProgram

39 August2010DayattheRaces

40 ServiceDirectory

42 August2010TradeShow

Contents

page 22

page 10

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E4

EXECUTIVE COMMITTEECHRISHODGE,PCAM..................................... PRESIDENT Elite Community Management

CYNDIKOESTER,PCAM.......................PRESIDENTELECT Mutual of Omaha Bank

LOUISESTETTLER....................................VICEPRESIDENT Epsten Grinnell & Howell, APC

TINAROZYCKI,CMCA.................................... TREASURER Curtis Management

MARIEDONOVAN........................................... SECRETARY Homeowner

DIRECTORS

DAVE ABRAMS .. Community Association Manager Member

JIM FRAKER, PCAM .... Professional Community Management

ELIZABETH FRENCH, ESQ. ......... Green, Bryant & French, LLP

ELAINE GOWER .......................................................Homeowner

BECKY GROENEWOLD .......................................................... PCM

KIMBERLY LILLEY, CMCA, CIRMS ...Berg Insurance Agency, Inc.

JASON PAYNE .................................Payne Pest Management

RICK SALPIETRA, ESQ ........ Law Offices of Richard Salpietra

KARINA TATUM ..................... SD Preferred Property Managers

CHAPTER EXECUTIVE DIRECTORBARBARA OZENBAUGH, CMP

619-299-1376

MANAGING EDITORBARBARA OZENBAUGH, CMP

619-299-1376

NEW & RENEWING ADVERTISING SALESBARBARA OZENBAUGH, CMP

619-299-1376

DESIGN & PRODUCTIONKRISTINE GAITAN

REY ADVERTISING & DESIGN / THE CREATIVE DEPT.760-746-8700

MAGAZINE EDITORIAL COMMITTEECYNDI KOESTER, PCAM, CHAIR ..... Mutual of Omaha BankKIMBERLY LILLEY, CIRMS .................. Berg Insurance AgencyJIM DANOW, ESQ. ...............Epsten Grinnell & Howell, APCSAM DOLNICK .....................................................HomeownerANY FERRELL ...................................................N.N. JaeschkeLESLEY FINCH ...................................... Lindsay ManagementJEFF FRENCH, ESQ. .................Green, Bryant & French, LLPLAURIE POOLE, ESQ. ......................Peters & Freedman, LLPBARBARA OZENBAUGH, CMP ..Chapter Executive DirectorTINA ROZYCKI ........................................Curtis ManagementLOUISE STETTLER ....................Epsten Grinnell & Howell, APC

All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Common Assessment Magazine or the Community Associations Institute – San Diego Chapter. Information contained within should not be construed as a recommenda-tion for any course of action regarding financial, legal, accounting or other professional services and should not be relied upon without the consultation of your accountant or attorney.

Common Assessment Magazine is the official quarterly publication of the San Diego Chapter of the Community Associations Institute. CAI San Diego Chapter encourages submission of news and articles subject to space limitation and editing. Signed letters to the editor are welcome. All articles submitted for publication become the property of CAI San Diego Chapter. Reproduction of articles or columns published permitted with the following acknowledgement: “Reprinted with permission from Common Assessment Magazine, a publication of the Community Associations Institute San Diego Chapter.”

© 2010 CAI - San Diego Chapter

ADVERTISING & CORRESPONDENCE SHOULD BE SENT TO:Common Assessment Magazine

CAI - San Diego Chapter1081 Camino Del Rio South, Suite 207, San Diego, CA 92108

619-299-1376 / fax 619-299-1377 / www.cai-sd.org

P R E S I D E N T ’ S M E S S A G E

End of Year Thoughts

Chris Hodge, PCAM is a Community Association Manager Member who has worked at Elite Community Management for the past 15 years. He holds the designation of PCAM through the Community Associations Institute. Mr. Hodge is the 2010 President of the CAI San Diego Chapter. He previously served on the Board of Directors for six years and was the Chapter President in 2002. He has served on various committees and is also a director of the Baker/Dolnick Education Foundation.

I am very grateful for the opportunity to have served you this year and I feel very fortunate to have worked with a terrific group of enthusiastic and willing volunteers.

I have no doubt that the volunteers, first-timers and experienced alike, made this a very successful and enjoyable year for me.

My sincerest thanks goes out to the Chapter’s Board of Directors, one of the best I have ever seen! I have been impressed by this group of people who have worked so well together for a common cause. Thank you for your support of the Chapter and all your endless hours of work to make it better. I really appreciate your efforts!

I must also thank the Committee Chairpersons and Committee Members who gave their time to help this Chapter achieve success in 2010. Thank you to Jim Fraker Chair of Billiards Tournament in March, Gigi Golden-Smith and Cheri Moulton Co-Chairs of Day at the Races in August, Char Garrow Chair of the Golf Tournament in September, and Willie Payne Chair of Monte Carlo Night in May. I would also would like to thank John Van Blerck and Julie Villelli, Co-Chairs of Community Relations Committee, Elaine Gower Chair of Education Services Committee, Cyndi Koester Chair of Magazine Committee, Andrew Feslburg, Joanna LaBahn and Bruce Rosenblatt Co-Chairs of Membership Committee, Kimberly Lilley Chair of Legislative Action Roundtable and Sam Dolnick Chair of Homeowners Roundtable Committee. Special thanks to Kristine Gaitan for producing such a wonderful year of Magazines and our fantastic Annual Membership Directory!

In December, I will have the opportunity to honor all Chapter volunteers at the Annual Awards Banquet. I hope you will join me at this event on Friday, December 3rd as we kick off the holiday season and honor those who have served our chapter this year.

It is with some sadness, and… well…some relief, that I leave this Chapter as President in December and turn my responsibilities over to President-Elect Cyndi Koester. I have learned a lot, had a lot of fun and I will miss it. Good luck Cyndi!

And if you haven’t already… please take a moment to visit our newly redesigned website, www.cai-sd.org.

Thank you for the opportunity to serve you! I look forward to seeing you all at the upcoming programs and events!

Common

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 5

San Diego9980 Carroll Canyon Rd., Suite 200San Diego, California 92131858.527.0111 • fax 858.527.1531

A New Resourceto Help Clients with

Their Assessment Collection Efforts

Inland Empire41870 Kalmia St., Suite 160Murrieta, California 92562951.461.1181 • fax 951.461.2916

Coachella Valley44-875 Deep Canyon Rd., Suite 3Palm Desert, California 92260760.836.1036 • fax 760.836.1040

If your association clients are using EG&H for assessment collections, we want you to know about ACT NOW! our new, free online resource, which enables association management companies and self-managed associations to start new collection actions – or obtain a status report on existing delinquencies – by going to our website at any time, 24/7!

Secure and easy to use, ACT NOW! is for busy managers or accounting personnel who can’t wait for return phone calls or email replies to get a collection action started or to follow-up on existing delinquencies.

Submit your work request online and get the collection action underway quickly! View and print status reports as needed!

To register as a user and join one of our short “how to”

webinars, please email us at

[email protected]

800.300.1704 l www.epsten.com

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E6

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 7

Boards of directors already know how to bring community

members together. It’s simple: raise dues and enforce new

rules. For those boards who want to increase meeting

attendance, raising dues by twenty percent will draw even the

biggest NFL fans to the clubhouse for a Monday night meeting.

Or, for those interested in generating more volunteers, tow a

few cars and you will have more homeowners asking to join the

parking committee than you can manage.

Rather than relying on these classic methods to improve

participation, boards should challenge themselves to add value

to their communities and gain positive support for the association

that will outlast the memories of assessment increases and new

parking rules.

BRINGING YOUR COMMUNITY TOGETHER One Activity at a TimeBy Jean-Marie Salvia, CCAM®, PCAM®

These days, we are all trying to get the biggest bang for

our buck and we are making cost conscious choices. Instead of

a night out, families order in and enjoy the latest DVD releases

from home. We opt for “staycations” rather than excursions

through Europe. We work harder than we ever did before, and

we struggle to make ends meet. Homeowners know that they

need to pay SDG&E in order to keep the lights on, but what

in the world do they get from the HOA? Homeowners do not

necessarily understand the costs associated with the maintenance

and management of the association. And, if the HOA can’t

get the neighbor’s dog to stop barking, then what’s the point?

Homeowners need to feel a sense of value from living in an

association. And, the best way to help them measure that value

is to improve the quality of their lives by building a sense of

community.

Continued on page 8

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E8

It is important that boards carve

out time to consider ways to bring their

communities together and build support

for the HOA. Not too long ago, some

boards were able to set aside $100,000

for community events. These days, even

the largest and wealthiest HOAs are

suffering. Costs are rising, bad debt is

compounding, and there is an increased

pressure to keep the assessments as low

as possible. One might argue that there

just isn’t enough money to plan events

and activities. On the contrary, difficult

times are the most important times to

bring people together. And, it doesn’t

have to cost the HOA anything to do it!

Following are some easy and

inexpensive ways to bring homeowners

together and build community by utilizing

the communication tools available to the

association.

Encouraging and Supporting Clubs

Help connect residents by

encouraging the formation of clubs and

social organizations. Running, cycling

and walking groups help keep residents

physically fit while book clubs, play

groups and recipe exchanges connect

residents with common interests. Identify

a volunteer in the community who is

willing to be a main point of contact for a

club, or pick a day and time for interested

homeowners to meet, and publish the

activity in the HOA newsletter.

Public Service ActivitiesThe community does not need to

plan a beach clean-up day in order to

bring residents together. Instead, appeal

to seasonal interests or immediate needs

for the community that don’t require

homeowners to leave the neighborhood.

Plan an annual food, gift or clothing drive

that benefits the greater San Diego area

— a number of non-profit and government

organizations will even come by to pick

up the donations from your community.

Or, encourage residents to help their

neighbors by maintaining yards or picking

up groceries for those who are sick, elderly

or working through a difficult time.

Pot Lucks, Block Parties and Community Garage Sales

Pot lucks and block parties are a

great way for the HOA to “host” a

community event without incurring any

expenses. Depending upon the size of the

community, the association can either plan

one party for the entire neighborhood

or support a number of block parties

that are strategically located throughout

the community. The role of the HOA is

to help publicize the event by including

information in the newsletter, adding an

insert to assessment statements, posting

flyers and spreading the word.

Community garage sales are also a

great way for boards to show support

for the community — especially if the

governing documents discourage garage

sales or prohibit residents from posting

signs. Often, communities can get around

these restrictions by planning an HOA-

supported event once a year. The HOA

can advertise online and in local papers

as well as strategically place signs in the

surrounding area. The association can also

schedule a local charity to come pick up

any items that are not sold, combining the

garage sale with a public service activity.

Sponsorships and CostRecovery Activities

An article focused on building

community spirit and connecting

neighbors is not complete without a

discussion about community-sponsored

events and activities. There are an

unlimited number of activities that an HOA

can plan for its constituents — ranging

from cooking classes and wine socials to

summer camps and street fairs. When

planning these types of activities, it is

important for the board of directors to

consider the cost per person to attend

the event as well as the overall cost to the

community. For example, an activity that

costs the HOA $40 per attendee probably

doesn’t make sense, but a number of

events throughout the year that costs each

homeowner less than $5 per month in

assessments could be worthwhile. When

planning events, consider sponsorships

from local retailers or admission fees for

participants to help off-set expenses. In

addition, depending on the size of your

community, an outdoor concert with

unlimited seating may be a better fit

than a casino night with a higher cost per

attendee. Similarly, a community made-up

of young families is probably better suited

for a barbeque in the park than an adult-

only wine social.

Use HOA Communication Tools to Make It Happen

The suggestions provided above

are meant to spark discussion and

brainstorming amongst community

members. Whether the board chooses

to encourage its residents to carpool

to the next city-sponsored event or

decides to appoint a social committee to

plan countless activities throughout the

year, the key to success is utilizing the

association’s communication tools to reach

out to the members. While the internet is

an excellent vehicle for communication,

not all HOAs have websites and email

distribution lists. If the association

does not have a newsletter, notices can

be included with the monthly billing

statements for a minimal cost. Flyers at

community bulletin boards, at gated

entries and near mailboxes are also a great

way to get the word out about upcoming

events and activities. Board members and

committee members should also commit

to talking with their neighbors about an

BRINGING YOUR COMMUNITY TOGETHERContinued from page 7

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 9

upcoming event. If each board member

talks with five other community members,

the word will spread quickly.

By taking the time to bring residents

together, boards of directors can build

positive support for the community—

and the association. The next time the

board makes the difficult decision to

raise assessments, perhaps a few more

homeowners will be able to quantify the

return on their investment and will choose

to spend the evening with their neighbors

rather than attack those who are working

hard to bring that added value to their

community.

Jean-Marie Salvia, CCAM®, PCAM®, is a Regional Manager for Walters Management.

The Only Choice for Your Protection

Toll Free 877.277.3970or 858.277.2228www.paynepestmgmt.com

SAN DI EGO • O RANGE COU NTY • LOS ANGE LE S

Damage Replacement

Guarantee

Real Estate Inspections

Great Customer Service

Accurate Invoicing

$2,000,000 Liability Insurance

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E10

ShouldVolunteerWorkersHelptoBuildYourCommunity?ByJayHansen,Esq.

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 11

Some associations use

volunteer work crews to

help build their community,

not only figuratively, but

also literally. For associations that

do, their boards need to be aware

of and to weigh all the risks of using

volunteers for projects like painting,

trimming trees, replacing light

bulbs, “handyman” jobs and other

contracting work.

Boards may believe that

volunteer projects help to save

money, beautify the neighborhood,

and build a sense of pride and

community among the residents.

Perhaps they do, but they also

involve risks. This article discusses

some risks that boards might

overlook and whether those risks are

worth taking.

Damage or Injury to OthersOne risk is that a volunteer

may cause bodily injury to

another homeowner or damage a

homeowner’s property. If so, will both

the association and the volunteer

responsible be protected by the

association’s insurance? Perhaps, but

it depends.

In non-association insurance

policies, carriers commonly exclude

coverage for claims by one insured

party against another insured party.

This prevents one insured family

member from suing another insured

family member who negligently

caused the injury. If there were no

such “co-insured” exclusion, it could

open the door for fraudulent claims,

and there would be less incentive for

families to obtain their own medical

insurance to cover accidental injuries

to family members.

Like family members, both the

association and its homeowners are

usually co-insured under association

policies in case the association or its

activities cause injuries to someone

else. But what if the association or a

volunteer homeowner injures another

homeowner where both parties

are insured like the family member

example? Association carriers

frequently waive the co-insured

exclusion so that a volunteer

homeowner and the association

would be covered if either one

injures another homeowner, but you

can’t count on it. There are a few

general liability carriers that have

not waived this exclusion. If the

co-insured exclusion has not been

waived, neither the association nor

its volunteers would be defended or

indemnified if they injured another

homeowner while working on behalf

of the association. An association

needs to be sure that its general

liability policy contains such a waiver,

or “severability of interest clause,”

whether it uses volunteers or not. If

an association’s carrier denied such

a claim, the association would have

no coverage, and the volunteers

would have to rely on their personal

insurance carriers to protect them.

Self-inflicted InjuriesAnother risk of using volunteers

is that the volunteers may negligently

injure themselves. Volunteers should

have their own medical insurance

coverage, but there are now 50

million Americans without it. Thus,

an injured volunteer might look to

the association for coverage, or even

sue the association alleging that the

particular activity was too dangerous,

that they were not informed of

the potential risks, and that the

association provided too little

information or instruction before the

work began, or too little supervision

during the work.

Volunteers may require prior

proper training or even prior Continued on page 12

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E12

competency for the assigned tasks.

Where a given project would require

a license if the association hired

someone to do it, the Legislature has

concluded that a license is needed

to ensure safety during the work and

the quality of the result, and almost all

types of landscaping and construction

work require some type of contractor’s

license.

Getting What You Pay ForVolunteers may make major mistakes

that cost the association money, like

causing a flood, starting a fire, shorting

out electrical connections or dripping

paint on property that is expensive or

impossible to clean. Another possibility

is that the work is shoddy or looks bad.

If a licensed and insured contractor

made such mistakes, the association

would expect the contractor to fix it

at no cost or to have the contractor’s

insurance company cover it. A volunteer,

however, may be willing to donate

time but probably isn’t willing to pay

personally for a costly mistake. If the

board hired a contractor who screwed

up, it is all business. It is much harder

to deal with the problem when the

other party is a fellow board member,

a neighbor and possibly a friend, and

n 858.792.1500 n www.delmarpacific.com

Financing Available!

Completing community wide projectsn within your budget n in the shortest time possible n quality customer service n minimal impact to your residents

CA License #828224

Rebuilding Communities

“Serving San Diego, Orange County, the Coachella Valley & the Inland Empire”

n Reconstruction n Renovations n Repairs n Maintenance n New Construction

A volunteer may be willing to donate time but probably isn’t willing to pay personally for a costly mistake.

SHOULD VOLUNTEER WORKERS...Continued from page 11

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 13

someone who was trying help save the

association money. It makes the situation

much more complicated to resolve

because personal feelings and even

sympathy get in the way of what would

otherwise be a business transaction.

If You Can’t Say No While it is wiser and safer to use

outside parties who are licensed, insured,

experienced and have references as to

their competency, some boards will not

be deterred from using volunteers on

community projects. If a board is still

determined to use volunteers, it should at

least avoid activities that would require a

contractor’s license. That would rule out

a lot, like electrical and plumbing work,

carpentry, painting, and tree trimming.

The board should then carefully identify

other tasks that involve the least chance

of producing the problems identified

above and then decide what training

and supervision would be needed to

reduce the risks even further. We all

make decisions daily that we consider

are low risk in relation to our reasons

for doing them. So we take showers,

climb stairs, cross streets, and walk our

dogs, yet people are seriously injured

or even killed on a regular basis while

doing such normally innocuous activities.

Recognize that no matter how low boards

may consider the risk, it is never zero,

and they need to be prepared for the

consequences if the unexpected happens.

Jay Hansen, Esq. is a Community Association Counsel attorney with Epsten Grinnell & Howell, APC.

Professional. Capable. Friendly.

Year after year our list of satisfied, well-managed communities grows. Our team of accredited, certified community managers offers unparalleled credibility and integrity. Call Curtis Management today for the highest caliber, hardest working professionals to manage your community. 858.587.9844 or 760.436.4560.

Just what you’ve been looking for in professional community management.

www.curtismanagement.com

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E14

Since the voting and election laws

changed in July 2006 with the

enactment of §1363.03 the world

of association annual meetings changed

dramatically. Now associations must send

out the ballot, instructions to the voters,

a small envelope to put the ballot in, and

an additional envelope to put the first

envelope in to keep ballots anonymous. It

was hard enough to get people to fill out

the paperwork and put it in one envelope,

even when associations included the

postage. Now, to get homeowners to take

the time to read the package, complete

the ballot, put it in one envelope, then

put that envelope into another one and

write their names, association address and

signature in the upper left hand corner

is virtually impossible (even with the

postage included!). The result is that most

homeowners are just plain frustrated and

don’t feel that participating in association

elections is worth their time. Associations

need to change their members’ thinking,

and make it worth their while to

participate in the vote.

Quorum is the number of members

that must be present (in person or by

submitting a ballot) in order to hold the

annual meeting. When homeowners do

not submit their ballots associations can

not meet their quorum requirement. The

quorum requirement is usually contained

in associations’ bylaws.

Some associations have found success

in getting their members to submit

ballots by offering incentives. Having a

drawing for items (which can be donated

by a vendor who services the property),

such as gift certificates, iPods, or even

a free month’s dues has enabled some

associations to meet their annual meeting

quorum requirements. In utilizing these

incentives, associations should be sure

to announce in the original mailing that

the drawing will only take place if quorum

has been met and, if so, the drawing

will be held at the annual meeting. It is

also helpful to indicate that members

do not need to be present to win. That

way, members will be sure to submit their

ballots ahead of time.

Another tactic is to combine the return

of ballots with reissuing parking permits

or pool keys. The trick is to schedule the

parking permit/pool key distribution date

How to Achieve QuorumFor an Annual Meeting By Tina Rozycki, CMCA

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 15

for the same time and location as the

annual meeting (or 30 minutes before).

That way, owners can kill two birds with

one stone by obtaining their new permit

or pool key and submitting their ballot.

Inform the owners that the new permits/

keys will go into effect the day after

the annual meeting. If you are issuing

new common area keys, have the locks

changed the date of the meeting. This is

an especially effective technique if your

annual meeting is held in July or August!

Another suggestion is to explore

reducing the quorum requirement. This

may involve amending the association’s

bylaws, so be sure to check with legal

counsel.

Employing these techniques should

help your association meet its quorum

requirement for your annual meetings.

Tina Rozycki, CMCA is a community association manager with Curtis Management. and is on the Board of Directors for CAI San Diego.

Committed to leadership in protecting the rights of clients.

Joel M. Kriger, APC • CoMMunity AssoCiAtion lAw Division

Anderson & Kriger, LLP

• Delinquent Assessments• Annual retainer Program – no Cost Collections – unlimited Phone Calls – Annual Check-up Meeting – Quarterly newsletter – reduced Hourly rates• Fee for service Program• CC&r enforcement• Document revisions• opinion letters• Civil litigation

619-589-8800www.a-khoa.com

Proud recipient of two SDCAA 2009 Mark of Excellence Awards

License No. PPO 15264

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E16

SAN DIEGO 2010 CAI-CLAC HONOR ROLLBy Sam Dolnick, CAI-CLAC Delegate-at-Large

This is the second year that the CAI-CLAC Honor Roll is being presented. All individuals involved in common interest communities, whether they are associations, homeowners, professionals, managers or business partners who have contributed funds to CAI-CLAC in 2010 on behalf of common interest communities to assure that our voice is heard in the halls of the California legislature are to be congratulated. CAI-CLAC monitors legislation regarding common interest developments (condominiums, planned developments, stock cooperatives and community apartment projects) that the legislators are asked to deliberate and vote upon each year.

Each issue of Common Assessment features the names of the contributors and those individuals responsible for obtaining the contribution.

ABSOLUTELY NO FUNDS are given to any political party or to any candidate. All funds are used solely for issue oriented legislation affecting CIDs. However, our legislative advocate must be paid and items like stamps, stationery, phone calls, rent, maintenance of web site and other similar expenses must be paid.

Our congratulations and thanks to the following contributors from

January 1 to September 30, 2010.2010 Goal = $28,528

Contributions to Date $21,486

Andalucia Townhomes HOA Lisa Isaacson AMS CCAM

Anderson & Kriger, Joel Kriger

Association Reserves San Diego LLC Matthew Swain

Brookfield HOA, Jim Martin

CAI San Diego Chapter Barbara Ozenbaugh, CMP

Clean Earth Restoration

Victoria Cohen

Community Association of Bernardo Height Becky Groenwold

Coronado Shores Condo Assn #6 Jim Liese CMCA AMS CCAM CMI

Sam Dolnick

Emergency Services Restoration Heather Flores Padron

Fienberg Grant Mayfield Kaneda & Litt

Genesee Highlands Richard Harman

il Palio HOA Lisa Isaacson AMS CCAM

Interiors by Design, Geri Musser

La Jolla Soledad West HOA Lisa Isaacson AMS CCAM

La Mesa Colony HOA, Alicia Lloyd

Lake Park Condominium Assn Zelma Hall CMCA

MC Painting, Lisa Isaacson, AMS, CCAM

Nautilus General Contractors

Ocean Hills Summit HOA Mike Mazur

Ocean Terrace/Spinnaker Ridge Frank Lombard

O’Connell Landscape Main Eric Shephard

Pacific Green Landscape Inc.

Pacific Western Bank, Ken Carteron

Payne Pest Management, Willie Payne

Popular Association Banking

Restoration Management Company

Riviera Del Mar Arch. Comm. Corp. Betty-Ray Wilson

Rock Springs East COA, Dawn Walters

SBS Lien Services, Mitch Willet

Seven Oaks Mgmt Corp #4, Gerie Vellios

The Missions @ Ivey Ranch, Connie Cain

Vermont Villas Condo HOA, Dawn Walters

Villa Marbelle HOA, Robert Donaldson

Villa Trieste at Del Oro Hills MA

Villa Trieste Master

Village Park Townhome Corp #3

Wells Fargo Bank, Mark Durazo

West Park Owners Assn, S. Dale Hess

Westturf Landscape Mgmt

Wild Rose Ranch CA

Woodbridge Estates HOA Lisa Isaacson AMS CCAM

Having Trouble Finding a Business Partner?Time to Get Creative!

Some common interest developments have unique

maintenance needs for which there may be few

service providers in the area. While many planned

developments include entrance gate and swimming

pools, the unique design of today’s communities requires

maintenance of components such as underground sump

pumps, artificial and natural ponds, streams and lakes; harbors

and boat docks, pontoons, de-silting drainage systems,

green energy systems – the list goes on. In addition, all

communities, at some time, may require obscure or non-

recurring maintenance services. These could include graffiti

removal, dead animal disposal, crime scene and hazardous

waste removal, and management of protected natural

resources.

Extra diligence, plus networking with others in the

industry, can help to create vendor contacts and source lists.

As with all aspects of management, proactive preparation can

prevent last minute scrambling to locate obscure vendors.

Managers should investigate any type of resource which may

be of value in maintaining a community’s amenities before

there is a need. Anticipate long term maintenance, repairs,

and replacement. A comprehensive Reserve Study is a

good place to start in preparing a vendor source chart. The

following resources are also available.

Association DocumentsIf the association has been established for several years,

refer to file archives to determine the names of vendors

used in the past, and whether the experience was

a favorable one. If the Association is new, consult

the developer, the subcontractors, and the DRE

report for any information they can provide.

Usually, an architect and developer will not

design an amenity without knowing about its

17C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0

Continued on page 18

By Lesley Finch, PCAM

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E18

future maintenance needs. Sometimes the

subcontractors can provide maintenance

of components they have installed.

NetworkingValuable contacts may be available

in the community association manager’s

office. Consult co-workers and industry

associates. Many portfolio management

offices conduct regular staff meetings

wherein vendor information is exchanged

and discussed.

InternetCheck for websites specifically catering

to this issue. Recently, websites servicing

the CID management industry are

targeting vendor referrals and information

for hard-to-find vendors.

Additional internet research may

lead to reports about contractors who

have completed work related to a service

needed by your client. Be careful not to

rely on internet sources without further

research. Take the time to investigate

references and credentials.

Consulting Vendors in Related FIelds

Many service vendors who have

been in business for a length of time are

aware of services provided by others,

especially for components related to their

own field of expertise. As an example, a

pool maintenance company may know

of companies in the area which maintain

fountains or ponds. Often, architects

and engineers can be good reference

resources.

Vendor SubstitutionIn some cases a general contractor or

other type of contractor may be able to

“switch gears” and repair a component

out of his field of expertise. Although not

HAVING TROUBLE FINDING A BUSINESS PARTNER...Continued from page 17

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 19

ideal, this is an option when specialized

vendors are not available.

Hiring an Expert to Seek BidsWhen a project requires expert

specifications and service providers, it may

be prudent for the Association to hire a

project manager. These specialists are

usually engineers or general contractors,

and usually have resources which may not

otherwise be available to an Association.

While there is an additional cost involved,

in the long run the Association will

benefit. Usually project managers prepare

specifications, obtain three or more bids,

and provide a bid analysis comparing

services and costs for each bidder.

Industry ResourcesCAI has a wealth of information

regarding vendor members. Within the

industry, there are other sources for vendor

contacts. Attending local business and

industry related functions can also provide

contact information for Associations.

Contacting State EntitiesState entities which control use of land,

property and natural resources can assist

in providing lists of qualified vendors.

Some examples are the Department

of Environmental Control, the Coastal

Commission and the State Contractors

Licensing Board. Check their websites for

more information.

In some cases, it may be impossible

to obtain three comparative bids (as most

management contracts require); there

simply may not be three contractors

in your area providing a given service.

Because services in fields with limited

competition can be expensive, boards

and managers should adhere to a diligent

maintenance program, which can extend

the life of components. An association

may wish to consider keeping special

tools or gauges on hand and providing

training to a service provider to maintain

these components. Sometimes certain

service providers can train staff to maintain

equipment related to their business

(such as the pool maintenance company

checking pond pumps).

Preparation is the surest safeguard

against an emergency search for services

after a system has failed. Keeping a file on

hand and maintaining contact with service

providers will prevent expensive and

delayed fixes in the future.

Lesley Finch is an independent consultant with over 26 years in the industry. She recently received her PCAM designation.

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E20

In the community association context,

liquor liability claims may arise when

a community association or resident

holds a gathering on common area (in

the clubhouse, for example), serves,

or condones the service of, alcoholic

beverages to the guests, a guest

overindulges and later injures himself or

herself or injures another person. When an

association serves alcohol to guests without

charge, or condones the consumption

of alcohol on property the association

controls, the association becomes a “social

host.”

Social host liability extends the legal

responsibility for the consumption of

alcohol beyond the person who consumes

it to those who furnish it – the social

host. For purposes of this article, we will

examine the potential risks and liabilities a

community association faces when alcohol

is served at a function on common area,

and what steps an association can take to

help protect it and reduce its exposure to

liability from injury to persons and damage

to property that involve the consumption of

alcohol.

Applicable Law and Potential Liability to a Community Association

PERMITS TO SERVE ALCOHOL.

Serving alcohol in the common area is

treated as if it were being served in a

private residence. If the event is closed to

the public, takes place in a location that

does not regularly serve alcohol (such as

a clubhouse), and there is no charge for

alcohol, then no permit is required. If any

one of these conditions exist, however,

a permit is required. When a permit is

required but not obtained, the person or

entity serving the alcohol could be held to

have violated the California Business and

Professions Code, in which case, they could

face punitive action.

SERVING VISIBLY INTOXICATED

PERSONS. Just as a commercial business

has a legal responsibility to stop serving

alcohol to a visibly intoxicated person,

a community association has a legal

Raising the Bar on Managing Liquor Liability: Potential Risks and Risk Management MeasuresBy Jodi A. Konorti, Esq.

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 21

obligation to stop serving alcohol to

a visibly intoxicated person. Section

25602(a) of the California Business and

Professions Code makes it a misdemeanor

to furnish or give alcohol to any “obviously

intoxicated person.” Accordingly, to

avoid misdemeanor liability, a community

association must ensure that alcohol is

not provided to anyone who appears

intoxicated. It is appropriate in this case

to: (i) adopt a rule that no alcohol can be

served to a visibly intoxicated person, and/

or (ii) inform everyone attending the social

function that no alcohol will be served

to anyone who is intoxicated - even in

situations where the association is not

providing the alcohol. Continued on page 25

From installation to maintenance, Steven Smith Landscape Inc. provides every landscape need.

Specializing in HOA landscape maintenance, we improve curb appeal and enhance your overallHOA experience. In partnership with management and the Association, we bring clear, concisecommunication, quick response and project satisfaction.

For your larger landscape needs, our full service construction division can meet your needs.Our reference list includes Poway Unified School District, City of Escondido, City of Santee,City of San Marcos and U.C.S.D.

Call Today For A Professional Proposal 760/745.9916 Lic No. 456160

Improving more than just your property.

STEVEN

SMITH

LANDSCAPE

INC.

ssl_CAI_0210:Layout 1 1/19/10 10:23 AM Page 1

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E22

Golf Classic SponsorsSeptember 17, 2010 • Coronado Municipal Golf Course

EAGLE

BIRDIEEpsten Grinnell & Howell, APC

Mt. Helix Pest & Termite Control, Inc.

Mutual of Omaha/Condo Certs

Reconstruction Experts

RSI Roofing

The Brickman Group

US Bank

Western Towing

HOLE IN ONELandsystems

PARAnimal Pest Management

AV Builder

Bald Eagle Security Services

Clean Earth Restorations

Del Mar Pacific

Emercon Construction Inc.

Emergency Services Restoration

Law Offices of Richard Salpietra

Master Plumbing & Leak Detection

MC Painting

Pacific Green Landscape, Inc.

Payne Pest Management

Premier Roofing CA, Inc.

Pro-Tech Painting

S.B.S. Lien Services

Service Master by Rapid Response

PUTTING CONTESTPacific Western Bank

DRIVING RANGESullivan Construction Management

LUNCHPeters & Freedman LLP

Popular Assocation Banking

PrimeCo Painting, Inc.

Restoration Management Company

DECORATIONS

Global Disposal Reduction Services, Inc.

N.N. Jaeschke, Inc.

PCM of California

DRINK BUCKSDAPA Services, Inc.

Restoration Management Company

WATERAztec Paving, Inc.

California Sub-Meters

Rodent Pest Control

Summit Security

23C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E24

R E N E W I N G M E M B E R S

Thank you to our chapter members that have renewed their CAI membership. We appreciate your continued support

and participation in our chapter.

Affinity Homeowners Association ..........2009

Alante/MCS Insurance Services .............2009

Albert Schnepf .........................................2001

American Technologies, Inc.

Ann Weatherby ........................................2008

Apex Contracting & Restoration ............2008

Arborwell ...................................................2008

Aztec Paving, Inc. .....................................1990

Barry Burzo, CCAM, PCAM ....................2005

Beck & Company, CPA ............................2003

Becky Groenewold, CCAM, CMCA, AMS .....1987

Cami Surette, CMCA, AMS ...................2007

Carol Johnson .........................................2008

Castle Breckenridge Management ....... 1992

CHAMPS/ The Kelly Group ....................1996

Charles Mullins .........................................2006

Cindy Collins, CMCA, AMS, PCAM .......2005

CID Insurance Programs, Inc. .................1996

Clark Pest Control ....................................2009

Clint McClure, CMCA, AMS ...................2006

Collwood Park Association .....................1991

Commercial & Industrial Roofing Co. ....1996

Cortina Owners Association ...................2008

Dan Lee ....................................................2007

Dawn Walters, CMCA, AMS .................. 2005

Dennis Brokaw, AMS ..............................1994

Dillingham and Associates ....................2009

DM Construction Services .....................2006

Dynamic Concrete Coatings, Inc. .........2009

Dynamix Painting, Inc. ............................1999

East Lake I Community Association .....1990

Elite Community Management .............1992

Escondido Village HOA .........................2006

Four Seasons Tree Care, Inc. .................2007

Friars Village HOA ..................................2010

Garden Villas Association ......................2002

General Coatings Corporation ...............2009

Gianni at 4S Ranch HOA .........................2009

Gina Falcon-Heneghan ...........................2007

Golfview Homeowners Association .......2001

Heidi Halliday, CMCA, AMS ...................2010

Helm Management Co............................2010

Hersum Construction, Inc. .....................2009

Jean-Marie Salvia, CCAM, CMCA, AMS ...2005

Jeannette Rhodes ....................................2006

Jeff Morin ..................................................2007

Joseph Farinelli, CPM, CCAM, PCAM ..1976

Julie Lambert, CMCA, AMS ..................2006

JVB Construction Management, Inc. .....2008

Kittie Smith, CCAM, CMCA ....................2005

Landsystems .............................................2002

Larry Demry, CCAM, CMCA, AMS .........2005

Lauren DeGuzman ...................................2008

Lee Leibenson, CMCA, PCAM ...............2005

Linda Bovet ..............................................2009

Liza DeJesus, CMCA ..............................2007

Lopez La Paloma .....................................2005

Lynn Germain, CMCA, AMS, PCAM ......2010

M & M Building Services ........................2003

Mailboxes R Us ........................................2009

Maria Armas ............................................2008

Master Plumbing Corp. ..........................2006

McMillin Lomas Master Association ......2004

Melinda Young, CCAM, PCAM ..............2005

Mt. Helix Pest & Termite Control ...........2000

National Cooperative Bank

New Way Landscape

& Tree Services, Inc. ............................1993

Nick Arther, CMCA, PCAM .....................1993

Oceanside Manor HOA ..........................1988

Pacific Western Bank ...............................2004

Pamela Hayter ..........................................2005

Peri Urvek ..................................................2009

Premier Roofing CA, Inc. .........................1994

Prendiville Insurance Agency ..................2006

Professional HOA Consultants, Inc. .......1988

Property Management

Consultants, Inc. ................................1989

Quentin Yates, CCAM, PCAM ............... 2005

Rancho La Cima Estates HOA, Inc. ........1991

Reina White, CMCA ...............................2009

Richard Shannon .....................................2007

Robert Griswold, PCAM .........................2006

Roger Reeve .............................................2006

Ronald Reff ..............................................2009

Rose Reyes ...............................................2005

Roseville Place HOA ...............................2009

Safeguard Info Services/Quickpass ......2010

San Elijo Hills Community Association ..2002

Sarah Gilman, CMCA ..............................2009

Service Master ..........................................2009

Servpro of La Jolla ...................................2009

Sharyn Edwards, CMCA, AMS................2005

SK Association Management, Inc. .........2006

Smith Architects .......................................2008

Soumia Khaldoun .....................................2010

Steven Smith Landscape, Inc. .................1996

Susan Jahn ................................................2009

Susan Marchetti ........................................2009

Tawny Tillinghast, CMCA, AMS ..............2009

The Inspectors of Election ......................2007

The Sullivan Law Firm, APLC ..................2010

The Villas of Calavera Hills ......................2007

Urban Property Services ..........................2006

US Bank .....................................................1990

Villa Trieste At Del Oro Hills

Master Association ............................1993

Walters Management .............................2008

Warner Springs Estates HOA ................2001

Watermark Owner’s Association ...........2009

West Coast Management Firm .............2009

William Bennett .......................................2009

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 25

POTENTIAL LIABILITY FOR PERSONAL

INJURY OR PROPERTY DAMAGE. While

Section 25602(a) imposes misdemeanor

liability on a social host who serves alcohol

to an already intoxicated person, two

California statutes provide that social hosts

who furnish alcoholic beverages to their

guests are generally not civilly liable to any

injured person for damages suffered or

injuries inflicted as a result of intoxication.

(California Civil Code Section 1714(c)

and California Business and Professions

Code Section 25602(b).) This is also true

of any injury suffered by the intoxicated

person. For example, if a social host

serves alcohol to a guest and that guest

becomes intoxicated, drives home, and

injures someone, the injured person cannot

recover damages from the social host

(absent other extenuating circumstances).

Liability in this case will typically lie with the

consumer of the alcoholic beverages.

Furthermore, a community

association faces a “presumption of

negligence” if it provides alcohol to a

visibly intoxicated person in violation

of Section 25602(a). While generally,

a social host who provides alcohol to

an adult guest is not liable for injuries

to others resulting from the guest’s

intoxication, a social host does have a

duty to deny guests further access to

alcoholic beverages when the social

host has reason to know the consuming

guest may do unreasonable things or

may be unusually affected by alcohol.

This is a broad and slippery slope and

results in a large “supervisory” burden

on any community association that

serves, or condones the service of,

alcohol on common area.

Other potential areas of liability

include furnishing alcohol to an

underage person and allowing the

consumption of alcohol to create

RAISING THE BAR...Continued from page 21

CONTACT YOUR PROS FOR A FREE ESTIMATE TODAY

1-800-399-3199www.p ro - t e chpa i n t i ng. c om

YOUR SINGLE SOURCE FOR ANY PROJECT

$2,000,000 Liability Insurance

Online Tracking Service

Interest-Free Financing

WarrantiesUniformed Crews

Color Consulting & Scheme Board

Energy Efficient & Green Coatings

Elastomeric Coatings

Stain & Finish WorkPressure Washing & Water Reclamation

Class B Licensed

Wrought-Iron Repair & Repaint

Curb & Light Pole Painting Wood Inspection & Repair

Stucco Repair & Re-texturing

Roof Tile & Gutter Cleaning

LOCALLY SERVING SAN DIEGO & ORANGE COUNTIES

We know the

difference

between getting

the job done

and getting it

done right.

800-227-6225S a n D i e g o • C h u l a V i S t a • C a r l S b a D • m u r r i e t a

www.waltersmanagement.com

C e l e b r at i n g O u r 3 7 t h Y e a r

Full Service Community Management

Continued on page 26

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E26

a nuisance or disturb other residents.

These must always be avoided, without

exception.

Given the above risks, it is therefore

incumbent upon a community association

to ensure someone is present with the

power to control the conduct of those

consuming alcohol, and to bring a prompt

end to the activities if the conduct goes

beyond acceptable bounds.

Reducing a Community Association’s Potential Liability

OBTAIN APPROPRIATE INSURANCE

COVERAGE. Despite the language

in Section 25602(b) that shields social

hosts from liability for damages resulting

from the consumption of alcohol, any

time alcoholic beverages are served on

common area the association should

confirm with its insurer that the association

is properly covered for any accident which

may occur from alcohol use, including

damage to association property, other

people’s property and injury to persons. In

addition, the association should determine

if any additional measures may be required

by the insurer to protect persons and

property. If the association’s insurance

policy does not include coverage for

liquor-related damages, the association

should obtain a “host liquor” endorsement

prior to permitting any alcohol on the

common area. Some carriers will add this

endorsement, and some will not.

Host liquor liability coverage is

intended to provide coverage for certain

events that are incidental to the named

insured’s regular business. Any association-

organized party at which alcohol is served

or condoned is an example of the type

of event for which host liquor protection

should be provided. (Note, host liquor

coverage under an endorsement applies

only when there is no charge for the event).

Similarly, anytime a resident serves

RAISING THE BAR...Continued from page 25

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 27

Z3389

HOA Banking • HOA Loans • Internet Cash Management Online Payment Systems • Dedicated Customer Service

Cyndi Koester CCAM PCAM AVP/Regional Account Executive

949.235.8498Toll Free 866.800.4656, ext. [email protected]

cabanc.com

Who else can say – our account executives know community management backwards and forwards.

Who else can say – our relationship managers speak your language and understand your business.

Who else can say – our technology group has revolutionized the business of association management.

ExpEriEncE

Community Association Banc is a division of Mutual of Omaha Bank. Member FDIC. Equal Housing Lender National Corporate Member of Community Associations Institute. CACM Affiliate Member.

Equal Housing Lender

alcohol on common area, the association

should require that the resident provide

evidence that the resident has host liquor

liability coverage on his or her homeowner’s

insurance. The association should also

request the resident host provide an

endorsement naming the association as an

additional insured.

OBTAIN AN INDEMNIFICATION

AND HOLD HARMLESS AGREEMENT. If

a resident is hosting an event on common

area where alcoholic beverages are served,

the association should require the resident

social host to sign an “indemnity and hold

harmless” agreement as a condition of the

right to use common area facilities to hold

his or her event. Under this agreement,

the social host is obligated to pay the

association’s legal expenses and any

judgment that may be imposed against

the association deriving from the resident’s

provision of alcohol. This agreement is

not a substitute for adequate insurance,

however, since the resident may have

insufficient funds to pay for the association’s

attorneys’ fees or any judgment that might

ultimately be imposed.

In sum, when an association hosts

a function or event on common area, it

is important the association restrict the

amount of alcohol consumed at the event,

ensure it does not serve minors, maintain a

safe environment on the common area, and

obtain the requisite insurance coverage.

Where a resident hosts an event on

common area, the association nevertheless

has the responsibility to make sure already

intoxicated persons are not provided more

alcohol. This is because, although the

association may not be serving the alcohol,

it is hosting an event on common area

premises and could still very well be held a

responsible party.

Jodi A. Konorti, Esq. is a community association attorney at Epsten Grinnell & Howell, APC..

CommerCial landsCape maintenanCe speCialistsserving san diego for over 25 years

driven by results & passionate about proaCtive improvements

• landscape maintenance• Water Conservation &

management• design & installation• Complete irrigation services• tree & shrub Care• integrated pest management• fertilizer & soil analysis

619.579.9151 • fax 619.461.0814www.labahns.com

5000 Thorne Dr., Ste. B • La Mesa, CA 91942licensed/Certified for smart Controllerinstallation & maintenance

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E28

New Feature on CAI National's Website

“My Order History”, a new

enhancement to the CAI National website

is now live!

What does this mean?Members can now view past

transactions, print reports and renew

membership from the Profile/My

Information page.

There are three sections in “My

Order History”: Events, Membership and

Products Purchased.

– In the Events section

• Print your student transcript

• View your grades

• Print a course certificate

– In the Membership section

• View your membership

expiration date

• Print your own membership

card

– In the Products Purchased section

• Access past and current

product orders

• View the invoice number,

product name, price and

payment balance

• Track a shipment including the

date and UPS tracking number

• View or print a receipt

We are creating tools to assist our

members in managing their transactions

with us and having this functionality

available to our members provides them

access to information they need at their

finger tips.

As with any new feature, we expect

members to have questions. Please call

CAI National at 888-CAI-4321 with any

questions you might have.

CAI & Community Associations Oppose FHFA Transfer Fee Ban

As many as 11 million homeowners

would find it difficult to sell their homes

if the federal government moves forward

with plans to ban so-called private

transfer fees, according to Community

Associations Institute (CAI).

A government ban could wreak havoc

in already distressed housing markets.

That’s because a draft regulation issued

by the Federal Housing Finance Agency

(FHFA) in August would ban federal

mortgage underwriters from purchasing

any loan on a property with a deed-based

transfer fee. Such fees are recorded on

the property title and bind subsequent

purchasers.

Recently, these fees have become

popular with private investment

companies, which use deeds to require

a purchaser to pay a percentage of the

sales price to outside investors. The FHFA

actions are seen as an attempt to curb this

growing and controversial practice.

However, the fees also have been used

by community associations for decades to

help fund reserve accounts or community

improvement projects.

“We agree that private transfer fees

should get regulatory scrutiny,” said

CAI Chief Executive Officer Thomas M.

Skiba, CAE. “The problem is that the

FHFA regulation would apply to any and

all deed-based fees. If implemented as

drafted, it would be catastrophic.”

Close to half (49 percent) of the

1,252 communities responding to a

CAI survey in September have deed-

based fees. Extrapolating from that

data, CAI estimates that as many as 11

million homes nationally are located in

communities that rely on deed-based

transfer fees.

Under the FHFA proposal, these

homes would no longer be able to qualify

for mortgages backed by Fannie Mae,

Freddie Mac or any federal home loan

bank, which account for up to 90 percent

of all residential mortgages.

In addition, most community

associations would be unable to comply

with the proposed rule. That’s because

changing deed restrictions typically

requires approval of two-thirds or more

of all homeowners, which is difficult to

achieve.

The transfer fees charged by

community associations are nominal,

ranging from a fixed fee (averaging

$750) to a percentage of the sales price

(averaging 0.25 percent). Also, such

funds have allowed financially strapped

community associations keep monthly

assessments low.

CAI hopes to persuade the FHFA to

change its proposal to allow community

associations or other organizations to

charge fees that directly benefit their

communities. The draft regulation is

supported by Realtors who want to ban

all deed-based transfer fees, and it is

opposed by investors, who seek to create

new sources of revenue. The public

comment period ends Oct. 15.

Learn more about this issue in the

Heads Up section of the CAI website,

www.caionline.org

CAI Survey: Associations Hit Hard by Housing, Economic Slump

More than half of the nation’s

estimated 310,000 community associations

continue to struggle with financial issues

NewsStand

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 29

We Have the Answers To Your Legal Questions — When You Need Them.

• CommunityAssociationLaw –GeneralCounsel –InspectorofElections • RealEstateDisputes • InsuranceDisputes • ConstructionLaw • PersonalInjuryLaw

www.salpietra.com 858.756.2233

associated with the mortgage foreclosure

crisis and related economic downturn,

according to a national survey conducted

by Community Associations Institute (CAI).

Forty-five percent of community

managers say their client associations

face “serious” problems as a result of the

housing and economic downturn, while 9

percent describe the impact as “severe.”

The remainder say these issues are a

nuisance or nonexistent.

Nationally, about 62 million Americans

live in homeowners associations,

condominium communities, residential

cooperatives and other planned

communities.

A quarter of community managers

say more than 5 percent of their units are

vacant. This is largely due to foreclosures,

the inability of non-resident owners to sell

or rent their properties or owners simply

walking away from their mortgages—and

homes. Another 29 percent report vacancy

rates of 3 to 5 percent.

All of this has a negative effect on

the ability of associations to collect

assessments, placing a financial strain on

associations and their residents.

Associations rely on homeowner

assessments to fund services such as

utilities, trash pickup, snow removal,

road and building maintenance and

landscaping. Assessments also fund a

wide variety of amenities like swimming

pools and playgrounds.

Assessment delinquency rates have

more than doubled since 2005. Today, 65

percent of associations have delinquency

rates exceeding 5 percent, up from just

19 percent of associations in 2005. More

than 30 percent have delinquency rates

exceeding 10 percent, and for one in 10—

or close to 30,000 associations—the rate is

more than 20 percent.

“High delinquency rates put a lot of

pressure on associations to meet their

obligations to the homeowners who are

paying their fair share,” says CAI Chief

Executive Officer Thomas M. Skiba, CAE.

“When some owners—including banks

that have foreclosed on homes and now

own them—don’t pay their share, other

homeowners often must make up the

difference in higher regular assessments or

special assessments.

According to a separate CAI survey,

more than 70 percent of the bank-

owned properties are not making timely

assessment payments to associations.

Many associations, Skiba says, are also

forced to curtail services, which can further

depress property values.

Associations are taking a number of

steps to address budgetary shortfalls:

• 38 percent have postponed planned

capital improvement projects.

• 35 percent have reduced landscaping

services.

Continued on page 30

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E30

• 31 percent have reduced contributions

to their reserve accounts, funds that are

set aside for major maintenance and

repairs.

• 23 percent have borrowed from the

association’s reserve account.

• 16 percent have levied special

assessments.

• 12 percent are allowing residents to

perform minor tasks in the community.

• 6 percent have borrowed from banks

and other lenders.

“Association boards strive to

maintain the nature and character of their

communities and meet the established

expectations of all homeowners, but

that’s often a daunting task in this kind

of environment,” Skiba adds. “They are

making difficult choices because they

have few alternatives. Board members

in every community association manage

the business of their communities, and

businesses must pay their bills.”

Skiba points out that the housing crisis

adds urgency to CAI efforts to convince

the Federal Housing Finance Agency

(FHFA) to nix its recent proposal to ban

community association transfer fees—

dollars that have been used for years

to help many associations fund reserve

accounts and community improvement

projects. CAI estimates that as many as 11

million homeowners would find it difficult

to sell their homes if the government

moves forward with plans to ban these

fees. Learn more about the FHFA proposal

at www.caionline.org, keyword FHFA.

More than 1,500 CAI member

community managers responded to the

September 2010 survey.

Association Bank Services Specialized Banking Services For CommunityAssociations and Management Professionals

Operating and Reserve Checking With No Monthly Service Charges Automated Lockbox Services, Online Payments, ACH Business Online Banking Remote Deposit CDARS* Placement Services Association Loans Simplified Association Signature Cards Experienced Association Bankers

www.FirstBankHOA.com *CDARS is a service mark of Promontory Interfinancial Network, LLC. FDIC Insured up to $50 million per Tax ID.

Jan Hickenbottom PCAM, CCAMVice President

4301 MacArthur Blvd. Newport Beach, CA 92660

(800) 848-6771

Member FDIC

You DESERVE a

FOUNDATIONRepresentation of Community Associations,

Residential High-Rise Developments,

Homeowners, Apartment Owners and

Consumers in complex matters relating

to Construction Defects and Class Actions.

AV RATED*

(877) 520-3455www.FeinbergGrant.com

Offices throughout Arizona, California and Nevada

*AV is a registered certification mark of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedure standards and policies.

STRONG

NEWSSTANDContinued from page 29

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 31

Readers of this column are encouraged to send their opinions on the above and suggestions for future columns to [email protected] or by phone, 619-697-4854. Sam Dolnick has served as president of his association, is a former homeowner representative of the San Diego Chapter Board of Directors, former homeowner trustee of CAI National, and former director of the CAI Foundation for Community Association Research. He is currently homeowners’ delegate on the California Legislative Action Committee, and president of the Baker/Dolnick Education Foundation.

Guest articles are always welcome!

Budgeting Need Not Be A Chore, Help is Available

The Department of Real Estate (DRE)

publishes an Operating Cost Manual For

Homeowner Associations (Manual) that is

a gold mine of information on budgeting,

assessments, reserves, and various levels of

association management for associations,

boards of directors and managers. The

last version of this Manual was updated

in April 2007. It was first published in

1975; this revision is the thirteenth.

“The manual is designed as a guideline

to assist homeowners’ associations,

developers and management firms of

common interest subdivisions in budget

preparation.” This is an excellent resource

that very few individuals in the common

interest community are apparently aware

of. However, it is a document that every

common interest association manager,

every association, every board of directors,

and every reserve specialist should

become intimately familiar. It is especially a

wonderful guideline for the approximately

60% of associations that are 50 units or less

and are managed by its board of directors.

This manual may be ordered from the DRE

for $10 or may be downloaded from the

DRE website at www.dre.ca.gov/pdf_docs/

re8.pdf.

Prior to1994 the manual had no

provision for setting aside money in the

association budget for board member

education. However, because of constant

letter writing and the persistence of this

author to the DRE, the March 1994 revision,

in its budget calculations, contained the

following under the Administration section,

page 21.

“404. EDUCATION. Due to the

sophistication required in running

homeowners associations, it is incumbent

that board members and officers be familiar

with laws regulations, codes, governing

documents, etc. that impact their fiduciary

duties and responsibilities. Courses and

seminars are available through various

industry groups such as the Building

Industry Association (BIA), Community

Associations Institute (CAI), California

Association of Community Managers

(CACM), Executive Council of Homeowners

(ECHO), etc. There are also courses

available at community colleges, adult

education programs, etc.

“Since board members change and

courses are not always available when

needed, the cost of education should be

continuous. The recommended minimum

is $3 per unit per month or $50 per month

whichever is greater but no more than

$5,000 per year. This is based on the

assumption that not all board members will

attend courses at the same time or even the

same course. Another way for the boards to

keep abreast of current changes in the laws,

etc. is to purchase reference material and/or

industry periodicals.

“In addition to this manual, the

Department of Real Estate (DRE) publishes

another manual titled Reserve Study

Guidelines for Homeowners’ Association

Budgets. Also, two other good sources

H O M E O W N E R S ’ C O R N E R

Continued on page 32

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E32

for real estate law and regulations are the Real Estate Law

Book, published by the DRE and the Condominium Blue Book

published by Dranden E. Bickel, B&B Publications.

In the section under “401 MANAGEMENT,” page 19, the

following appears:

The management function of a community association is

administrative in nature. The Board of Directors is the principal

policy making body for the association. Their role is to govern

by establishing policies, operational standards, procedures,

fiscal policies and eventually the association’s operating budget.

Implementing policy governance means the Board does not get

involved in the day-to-day operations of the association. The role

of the community management professional is to implement the

policies and procedures established by the board.

This section goes on to describe various aspects of

professional management companies and the level of service

that may be provided. Following is the DRE SUMMARY of

management services.

Whatever form of financial, administrative or management

program is budgeted for the association, the following cost

guidelines have been developed from actual industry practices.

Small associations with less than 12 units self managed

• $10 per unit per month or

• $100 per month whichever is greater

“Fiscal billing and collection activities (other than delinquency

collection)

• $10 per unit per month or

• $350 per month, whichever is greater

“Financial service including billing, collection, payment of

invoices, preparation of financial statements and fiscal compliance

to California Civil Codes

• $13 per unit per month or

• $850 per month, whichever is greater

CAI-CLAC: Serving 9,000,000 Californians ... 2010 Key Bill Status Summary

Bill Author Issue CAI’s Position Status Cost Increase or Cost Savings

AB 1726 Swanson

Gives HOA’s ability to reduce quorum requirements for board elections.

Sponsor/Support Vetoed Potentially saves many thousands of dollars per HOA by avoiding repeated election attempts when quorums are

not attained. AB 2016 Torres

Gives HOA’s ability to record a single “blanket” request (covering all parcels)

to be notified of foreclosure sales; enables HOAs to commence billing for

assessments much sooner.

Sponsor/Support Signed into law.Effective1.1.11

Has significant impact on assessment collections; keeps HOA’s solvent as dues can be

collected several months earlier.

AB 1793 Saldana

Prohibits HOAs from restricting installation of artificial turf by

homeowners. Sponsored by San Diego Water Authority and supported

by many water agencies.

Oppose Vetoed Avoids the potential of being sued due to exposure to toxins

in some products.

AB 1927 Knight

As introduced, HOA’s would have had extreme difficulties limiting renters. Asamended, It would affect few, if any,

HOA’s. Sponsored by CAR.

When the bill was introduced, CAI’s position was opposed unless amended. CAI went

neutral once amended.

Vetoed As amended, it will have little, if any, cost.

AB 2502 Brownley

As introduced: Should owners be empowered to stop paying

assessments? Should collection agents be barred from being paid for work performed? As last amended, agents would be bound by work out

arrangements previously entered into between owners and the HOA.

Sponsored by CARA.

Oppose. Generated 900+ letters of opposition. Author

accepted all of CAI’s amendments; thus, the bill was

gutted and collection agents would be bound by pre-existing

work out arrangements between owners and their

HOA’s.

Dead; bill was dropped by

author.

Every HOA could have lost thousands of dollars because the bill permitted owners to dictate when and how they would pay assessments.

AB 1975 Fong

Sponsored by the Sierra Club.Supported by water agencies to

require new multi-family developments to have one master water meter and

individual sub meters to each dwelling.

CAI-Opposed Died in Senate Appropriations

Committee.

Extremely costly to new HOA’s as they would have been prohibited from charging

owners for their water usage.

HOMEOWNERS' CORNERContinued from page 31

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 33

Providing Community Associations with Insurance Solutions

23651 Birtcher Dr., Lake Forest, CA 926305055 Avenida Encinas, Suite 100, Carlsbad, CA 92008800.989.7990 phone949.586.9877 fax

BERG INSURANCE AGENCY, INC.

Administrative and compliance

program which includes financial services,

administrative duties and compliance to

regulation and California Civil Codes

• $17 per unit per month or

• $1,900 per month, whichever is greater

Full service management program

which includes financial services,

administrative program, as well as defined

management activities involving the

creation and implementation of plans for

the maintenance of physical amenities –

larger associations

• $20-$30 per unit per month or

• $4,000 per month, whichever is greater

Full-service management program

by full-time association employee large

associations

• $4,200 or more (depending on size) a

month per manager plus 35% for payroll

costs and benefits

Full-service management by product

type

• Attached units: Base fee of $2,500/

month or $15-$20/unit/month whichever

is greater.

• Mid-Rise Condominiums (30-60 feet

high): Base fee of $3,500/month or $25-

$35/unit/month, whichever is greater.

• High-rise Condominium (over 70 feet

high): Base fee of $4,500/month or $35-

$50 unit/month, whichever is greater.

Detached UnitsMaster Planned Communities: Base

fee of $2,500/month or $15-$20/unit/

month, whichever is greater.

Planned Developments: Base fee of

$2,500/month or $15-$20/unit/month,

whichever is greater.

The Manual gives detailed cost data

on all aspects of the association and

the reserve worksheets presented are

especially useful.

All of the above are guidelines, but

these guidelines should be taken as a

frame of reference so that volunteer

Continued on page 34

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E34

board members, who have no experience

or expertise in developing policy for

their associations, will be able to make

informed decisions.

This Manual has much more, for all

practitioners in the common interest

development industry, especially the

education of board members. Civil

Code 1363.001 currently provides to the

extent existing funds are available, the

Department of Consumer Affairs and the

Department of Real Estate shall develop

an on-line education course for the board

of directors of an association regarding

the role, duties, laws and responsibilities

of board members and prospective board

members, and the nonjudicial foreclosure

process. Unfortunately, the online program

that the state has to produce is not yet

functional, although CAI Natonal has

developed an on-line education program.

The DRE Manual, in this author’s opinion,

is one of the best items for any education

course.

At various times boards and/or

homeowners have questions regarding

equal and variable assessments. Pages

3-5 of the Manual give a detailed analysis

for this delineation. After developing the

budget a “Proration Schedule Worksheet”

is provided that will determine whether

or not the association may change,

by amending the CC&Rs, from equal

assessments to variable assessments or

vice versa.

It is only a matter of time before the

state mandates education courses for

association boards of directors. It is best

for board members to get a jump on what

is inevitable.

HOMEOWNERS' CORNERContinued from page 33

September 10 Morning Educational Program

With a cast of several characters, the live presentation of "A Dysfunctional Board” on September 10 effectively demonstrated three scenarios dealing with pertinent board of directors issues.

The program was a morning full of fun, entertainment and education touching on topics such as uniting a board of directors, dealing with difficult homeowners, making informed decisions by weighing the merits of various opinions, formulating effective solutions to community challenges, preparing and operating within a cost effective budget, requirements for creating or amending the rules ad regulations and emotional concerns such as tree removals.

The Program was coordinated by Educational Committee Members, Shannon Smith – Artistic Maintenance, Inc., Brian Blackwell – West Coast Management and Shaunmarie Daly – KR Landscape, Inc.

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 35

A full service law firm dedicated to representing

community associations

Experience you can rely on...People you can trust

Encinitas Office

(760) 436-3441Desert Office

(760) 773-4463www.hoalaw.com [email protected]

&ATTORNEYS AT LAW

PETERS FREEDMAN,L.L.P.

AssociAted ProfessionAl servicesThe Management Alternative

Providing cost-effective, efficient Accounting Services for:

• Self-Managed Homeowners associations• Associations Employing an On-Site Manager• Portfolio Managers

Call Neal Chazin (619) 299-6899

ABOVE - The lively cast included Cheryl

Leonard - Curtis Management, Any Ferrel

– N. N. Jaeschke, Inc., Loren Fisk – Walters

Management, Jim Fraker – PCM, Richard

Johnson – Homeowner Westwood Townhomes,

Julie Villelli – Del Mar Pacific General

Contractor, Inc. and Kimberly Lilley – Berg

Insurance.

Thank you to Our Sponsors

Bald Eagle Security Services

Global Disposal Reduction Services

Peters & Freedman LLP

Popular Association Banking

ProTech Painting

Restoration Management Company

36 W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E

The Proper Care and Nurturing of our Business Partners

By Sharyn Edwards, CCAM, AMS, CMCA

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 37

A strong,

positive

relationship

with your business

partners will benefit

not only them, but

your board, your

homeowners, and

you. During the

course of my career,

I have learned

that in order to

successfully manage

my communities,

my business partner

associations must

be sound. I believe

that some managers

may not feel the

same way. Some

managers feel that

the business partner

“works for me” and

because they are

service providers,

they are expected

to always provide

and give to the

manager. This concept of business

partners always offering and agreeing

at any expense is very unfair. Managers

begin to take advantage of business

partners’ kindness and treat them as

if they were inferior to the manager.

More and more I see managers talking

down to their business partners with

the attitude of “it’s their job and they

work for me.” Also managers will go

so far as to ask business partners for

gratuities, with the expectation of

receiving everything they want. They

presume that since the business partner

can “write off” the expense, it’s really

no cost to the business partner. Besides

being unethical,

this position

is completely

unprofessional

and should not be

tolerated.

As managers

we depend on our

business partners to

help support us in

being more effective

in our roles. Imagine

if all of your business

partners quit and

left the property?

Who would you call

on to address your

work orders? You

would be calling all

the other business

partners, asking

them to help you out

in this time of need.

Can you expect

that they will help

you at a moment’s

notice? If you take

good care of them,

then you could expect that they will

do everything in their power to take

the stress away from you. It is easy to

not recognize just how valuable your

business partners truly are; not just to

your properties, but to your professional

career. A positive relationship with

your business partners will absolutely

affect not only your work but how you

are perceived and respected by your

peers. Managers should be aware

that business partners in this industry

are friends and always meet up at the

events and luncheons. If you are a

manager that has burned your bridges,

The Proper Care and Nurturing of our Business Partners

How important is a manager’s relationship with their business partners? The correct answer is…ABSOLUTELY VITAL! Managers call on business partners every day and expect their support, usually as soon as possible. It’s true that business partners are in business to provide support to our communities, but how you treat your business partners is the key to your success.

Continued on page 38

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E38

all of the business partners will know.

These actions will only cause the

pool of business partners that we have

to work with to become even smaller

than it is. I personally like to treat my

business partners as if I work for them. I

want to know what I can do for them to

make their job easier. Ask your business

partners for their professional opinions

on issues that arise and move forward

with their recommendations. What can

you do better to help them in their job

functions? Leave for work early one

morning and pick up a latte and deliver

it to them on the job site. Purchase a

gift card and sent it to them along with

a thank you card. This small gesture will

be tremendously appreciated. Just like

us managers, hearing complaints all day,

every day, greatly influences our mood.

Business partners also receive those same

complaints and must be onsite to provide

a service, thus putting them on the front

line of the battle. Think about how great

you feel when you receive that one

email from a homeowner, for no reason,

thanking you for that one small thing you

did last week, which has made their life

more enjoyable. Your actions were just

you doing your job, but that homeowner

did not have to do anything else, but

someone taking the time to let you know

that they were affected by that issue and

were so grateful for your help feels good.

Usually the compliments will carry us

through until the next one.

Business partners are service providers

just like we are! It is crucial that you

share positivity with them and recognize

their efforts. Without the help of our

business partners, how effectively could

we manage our communities? Just

imagine how terrible your day would

be if you did not have any business

partners working that day. That is proof

of just how valuable they are to us and

the success of our work. Could you call

your business partner at five o’clock on a

Friday afternoon with an emergency that

needs immediate attention (of course)

and really expect them to first, answer

their phone and second, to jump right on

it for you? You should be able to answer

this question with a yes. While it may be

true that business partners are deducting

their expenses when they provide gifts

or sponsor us for an event, (which is still

a cost to them), it is a valuable gesture

and should be recognized. Showing your

appreciation – to anyone you encounter in

life – is always beneficial to you as well as

to those you encounter. The mere action

of you showing your gratitude will not only

benefit you but will carry you for a long

time. It always makes us feel better when

we make someone else feel good. The

next time you see your business partner

at an industry event, greet them and ask

them if you can buy them a drink. Ask

them if there is anything that you can do

for them. Taking the time out of your day

to offer your help to improve their day will

definitely be noticed and remembered the

next time you call on them for their help.

Business partners are solicited many

times throughout the year for many things

such as manager sponsorships, event

sponsorships, prize giveaways, etc. So

when they choose to sponsor you for

an event, make sure to do at least these

three things:

1. Attend the event. If you cannot

attend, please notify the business partner

as soon as possible.

2. Find them and thank them for their

sponsorship.

3. Ask them if you can sit with them

during the meal.

Show them that you appreciate them!

Sharyn Edwards, CCAM, CMCA, AMS is a community manager with Hudson Management Services.

Serving Community Associations Since 1983Landscape Maintenance & Installation

Irrigation Services & Water ManagementExperienced, Certified, Knowledgable Staff

CLCA Certified Water ManagersCertified Landscape Technicians (CLT)

ISA Certified Arborists

phone 800-439-9962 • fax 619-390-0865www.pacificGreenLandscape.com

CA State Contractors License #462677

PROPER CARE AND NURTURING...Continued from page 37

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 39

Day at the RacesAUGUST 18 , 2010

WIN

AMERICAN TECHNOLOGIES, INC.

PLACE Animal Pest Management

Arborwell

Artistic Maintenance

Epsten Grinnell & Howell APC

G4S Secure Solutions USA

Morgan Stanley Smith Barney

O’Connell Landscape

Peters & Freedman LLP

Restoration Management Company

S.D. Preferred Property Managers, Inc.

Smith Architects

Steven Smith Landscape, Inc.

The McGowan Companies

SHOW

AV Builder Corp

Law Offices of Richard Salpietra

Peters & Freedman LLP

Popular Association Banking

Pro-Tech Painting

Sullivan Construction Management

Z3389

HOA Banking • HOA Loans • Internet Cash Management Online Payment Systems • Dedicated Customer Service

Cyndi Koester CCAM PCAM AVP/Regional Account Executive

949.235.8498Toll Free 866.800.4656, ext. [email protected]

cabanc.com

Who else can say – our account executives know community management backwards and forwards.

Who else can say – our relationship managers speak your language and understand your business.

Who else can say – our technology group has revolutionized the business of association management.

ExpEriEncE

Community Association Banc is a division of Mutual of Omaha Bank. Member FDIC. Equal Housing Lender National Corporate Member of Community Associations Institute. CACM Affiliate Member.

Equal Housing Lender

• 24-hour emergency services due to water damage, fire and natural disaster

• Asbestos removal and mold remediation

• Thermal imaging experts

• Residential, commercial and industrial

• Contents cleaning and restoration

• Emergency Response Agreements (ERA)

• General Construction -CA License #571784

SAN DIEGO OFFICE

866.400.9353www.amer-tech.com

FULL SERVICERESTORATION,ENVIRONMENTALANDRECONSTRUCTIONEXPERTS

Emergency Services24-hours a day,

seven days a week

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E40

ACCOUNTANTSSonnenberg&CompanyLeonardSonnenberg........... 858-457-5252 fax858-457-2211 [email protected] www.sonnenbergcpas.com

ATTORNEYSAdamsKeslerAdrianAdams..................... 310-945-0280 fax310-945-0281 www.davis-stirling.com

Anderson&KrigerJanetWilcox........................ 619-589-8800 fax619-464-2600 [email protected] www.a-khoa.com

EpstenGrinnell&Howell,APCJonEpsten,Esq................... 858-527-0111 fax858-527-1531 [email protected] www.epsten.com

FeinbergGrantMayfieldKaneda&LittKatyKrupp.......................... 949-554-0700 fax949-554-0707 [email protected] www.feinberggrant.com

GrecoTraficanteSchulz&Brick,APCPeterSchulz........................ 619-234-3660 fax619-234-0626 [email protected] www.gtlaw.cc

Peters&Freedman,LLPDavidM.Peters.................. 760-436-3441 fax760-436-3442 www.hoalaw.com

LawOfficesofRichardSalpietraRickSalpietra....................... 858-756-2233 fax858-759-9938 [email protected] www.salpietra.com

COMMUNITYASSOCIATIONMANAGEMENTAssociatedProfessionalServicesNealChazin................ 619-299-6899x101 fax619-299-8242 [email protected] www.apsmanagement.com

S.H.E.ManagesProperties,Inc.KarenMartinez,CCAM.................................. 619-291-6300x320 fax619-291-8300 [email protected] www.shemanages.com

SummitPropertyManagementJohnKiss............................. 619-296-7232 fax619-296-7011 [email protected]

WaltersManagementCompanyJoeFarinelli......................... 858-495-0900 fax858-495-0909 [email protected] www.waltersmanagement.com

CurtisManagementCompanyPatrickS.Campbell,CCAM............................................ 858-587-9844 fax858-587-9972 [email protected] www.curtismanagement.com

CONSULTINGCurtisManagementCompanyPatrickS.Campbell,CCAM............................................ 858-587-9844 fax858-587-9972 [email protected] www.curtismanagement.com

EMERGENCYRESTORATIONSERVICESCleanEarthRestorationsRachelRoberts.................... 619-284-4239 fax619-284-4279 [email protected] www.cleanearthrestorations.com

FINANCIALSERVICESMutualofOmahaBank/CondoCertsCyndiKoester...................... 949-235-8498 fax888-493-1973 [email protected] www.cabanc.com

FirstBankJanHickenbottom............... 800-848-6771 fax949-477-0255 [email protected] www.FirstBankHOA.com

PacificWesternBankKenCarteron....................... 760-432-1335 fax760-432-1339 [email protected] www.pwbonline.com

FINANCIALSERVICESCONT'D.PopularAssociationBankingLarryHooper....................... 714-864-5171 fax714-864-5190 [email protected] www.bpop.com

GENERALCONTRACTORSDelMarPacificJulieVillelli........................... 858-792-1500 fax858-792-0076 www.delmarpacific.com

INSURANCEBergInsuranceAgencyKimberlyLilley,CMCA,CIRMS............................................ 800-989-7990 fax949-586-9877 [email protected] www.berginsurance.com

LANDSCAPEMAINTENANCEAND/ORCONSTRUCTIONLaBahn’sLandscapingMichaelSalsberry................ 619-579-9151 fax619-461-0814 [email protected] www.labahns.com

NewWayLandscapeandTreeServices,Inc.ArthurRaybold................... 858-505-8300 fax858-505-8305 [email protected] www.newwaypro.com

PacificGreenLandscape,Inc.StephanieLundstrom.......... 619-390-9962 fax619-390-0865 [email protected] www.pacificgreenlandscape.com

StevenSmithLandscapeGigiGolden-Smith.............. 760-745-9916 fax760-745-1982 [email protected] www.stevensmithlandscape.com

WestturfLandscapeHeatherCollins.................... 760-650-3120 fax760-650-3125 [email protected] www.westturf.com

OUTDOORFURNITUREPatioGuysDeeTucker.......................... 800-310-4897 fax760-599-4660 [email protected] www.patioguys.net

Service DirectoryDisplay advertisers receive a complimentary listing in the Service Directory.

C O M M O N A S S E S S M E N T M A G A Z I N E • W I N T E R 2 0 1 0 41

PAINTINGCONTRACTORSPro-TechPaintingChrisCena.......................... 858-527-0200 fax858-527-0220 [email protected] www.pro-techpainting.com

PESTCONTROLPaynePestManagementWilliePayne........................ 858-277-2228 fax858-277-2212 [email protected] www.paynepestmgmt.com

RESERVESTUDIESAssociationReservesSanDiegoLLCMatthewSwain,RS............ 619-567-5239 fax619-568-3564 [email protected] www.reservestudy.com

Sonnenberg&CompanyLeonardSonnenberg........... 858-457-5252 fax858-457-2211 [email protected] www.sonnenbergcpas.com

ROOFINGPremierRoofingBillCapito............................ 619-667-4565 fax619-667-1281 [email protected] www.premierroofingca.com

SECURITYSERVICESBaldEagleSecurityDmitriyTodorov.................. 619-230-0022 fax619-230-6610 [email protected] www.baldeaglesecurity.com

TOWINGWesternTowingKathyTighe......................... 619-297-8697 fax619-296-2822 [email protected] www.westerntowing.com

TREESERVICENewWayLandscapeandTreeServices,Inc.ArthurRaybold................... 858-505-8300 fax858-505-8305 [email protected] www.newwaypro.com

WATERSUBMETERINGCaliforniaSub-MetersDaniellePoanessa............... 858-571-8999 fax858-571-4470 [email protected] www.calsubmeter.com

W I N T E R 2 0 1 0 • C O M M O N A S S E S S M E N T M A G A Z I N E42

WHAT’S NEW IN SAN DIEGO?

Curtis Management Company

has been awarded the Management

Contract for Vista Pacifica @ Rancho San

Clemente Homeowners Association and

Windward Community Association in

Oceanside.

Have you checked out CAI San

Diego’s new website, www.cai-sd.org?

We have many new features for you to

enjoy. Please remember that in order to

register for an event at member pricing,

you must log in first. Your user name is

your e-mail address for the main contact

at your company (or your own email

if you are a manager or homeowner

member), and your password is your zip

code. Feel free to call the chapter office

if you have any questions.

Thank you to our August 27, 2010 Trade Show Exhibitors

A-1 All American RoofingAdvanced Painting and Wood Repair Agriculture Pest Control ServicesAmerican GeotechnicalAnimal Pest ManagementAntac Pest ControlAqua Blue Co.AV Builder CorpBald Eagle Security ServicesBarney & Barney, LLCBarr Insurance Services, Inc.Black Mountain PlumbingBob Piva RoofingCalifornia West PatrolEasyTurf, Inc.Empire Community PaintingHersum Construction Inc.Interiors: By DesignLaBahn’s LandscapingLandsystemsMaster Plumbing and Leak Detection

Morgan Stanley Smith Barney Mt. Helix Pest & Termite Control, Inc.New Way Landscape & Tree ServiceO’Connell LandscapePacific Green Landscape, Inc.Pacific Western BankPayne Pest ManagementPopular Association BankingPremier Roofing CA, Inc.PrimeCo Painting, Inc.Progressive Security ScreensPro-Tech PaintingReconstruciton ExpertsResCom Services, Inc.Restoration Management CompanyRodent Pest ControlS.B.S. Lien ServicesService Master by Rapid ResponseServpro of CarlsbadSullivan Construction ManagementSummit SecurityUS BankWells FargoWestturf Landscape Management

Wood Wizzards

2010 Chapter President Chris Hodge, PCAM and guest speaker Susan Clarke.

There’s one sure way to position yourself for success and advancement in community management— just as more than 10,000 other managers have.

Obtain the Certified Manager of Community Associations® (CMCA) credential!

The CMCA can help you reach your goals, earn more money and accelerate your career! And success requires just three simple steps.

Position YourselfAbove the Rest with the Essential Credential™

Start today by downloading a free, comprehensive study guide at www.nbccam.org!

Learn more about the CMCA certification program, including prerequisite courses and experience requirements, at www.nbccam.org or call 866.779.CMCA.

1Complete and pass a prereq-uisite course or have five years of experience 2Submit

application for CMCA examination. 3Take & pass

CMCA examination!

The CMCA is awarded by the National Board of Certification for Community Association Managers (NBC-CAM) and has been granted accreditation by the National Commission for Certifying Agencies (NCCA). NCCA accreditation provides independent validation that the CMCA program meets or exceeds twenty-one standards concerning vari-ous aspects of the certification program including its purpose, structure, governance, psychometric foundation, policies and procedures.

BronzeAnderson & Kriger

Artistic MAintenAnce

AssociAtion reserves sAn diego, LLcAv BuiLder

Berg insurAnce Agency

cLeAn eArth restorAtions

eMercon construction

FeinBerg grAnt MAyFieLd KAnedA & Litt, LLPinteriors: By design

LABAhn’s LAndscAPing

LAndsysteMs, inc.LAw oFFices oF richArd sALPietrA

MAster PLuMBing & LeAK detection

Mt. heLix Pest And terMite controL

new wAy LAndscAPe & tree service

o’conneLL LAndscAPe

PAciFic green LAndscAPe

PAtio guys

reconstruction exPerts

rodent Pest technoLogies

sBs Lien services

serviceMAster By rAPid resPonse

sKy security services

us BAnK

westturF LAndscAPe MAnAgeMent

Platinum

Gold

animal Pest manaGement

Bald eaGle security

del mar Pacific General contractors

mutual of omaha Bank/condocerts

Pacific Western Bank

Peters & freedman, llP

PoPular association BankinG

Premier roofinG of california, inc.

Pro-tech PaintinG co.

restoration manaGement comPany

2010CAI-SAN DIEGOMarketing Plan MeMbers

1081 Camino del Rio SouthSuite 207San Diego, CA 92108