common assessment – april, may, june 2014

C O M M O N A S S E S S M E N T M A G A Z I N E | S U M M E R 2 0 1 4 1

Common

The evoluTion of hoAs

SUMMER 2014 The professional provider of education, advocacy and resources for Community Associations

Low on water, HIGH ON BEAUTY page 10

THE FHA impact page 16

Animals in HOAs page 20

S U M M E R 2 0 1 4 | C O M M O N A S S E S S M E N T M A G A Z I N E2

IPA SPONSOR - $2250 (1) • 300 bottle openers with logo

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2014

CAI SAN DIEGO’S FIRST

F R I D AY • J U L Y 2 5 , 2 0 1 46 : 0 0 P M - 9 : 0 0 P M

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IPA SPONSOR - $2250 (1) • 300 bottle openers with logo




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LAGER SPONSOR - $1200 • Company logo on invitation • Company logo on event


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TO SECURE YOUR SPONSORSHIP THIS FORM MUST BE COMPLETED AND RETURNED BY E-MAIL TO [email protected] OR BY FAX 619.299.1377

CAI San Diego Chapter • 1081 Camino del Rio South, Suite 109 • San Diego, CA 92108619.299.1376 • Fax 619.299.1377

2014


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• Company logo on event signage

• Recognition in Common Assessment

• 4 free registrations • 4 extra drink tokens

STOUT SPONSORSHIP - $500 • Company logo on event



SAISON SPONSORSHIP - $300 • Name on event signage • Recognition in Common


SOUR WHEAT SPONSORSHIP - $250 • Name on event signage • Recognition in Common

Assessment • 1 free registration

SILENT AUCTION ITEM $100 (minimum) • Company name on bid sheet

Help Support the California Legislative Action Committee

Don’t miss the very first CAI San Diego “Craft Beer Night” coming on

Friday, July 25, 2014 at Stone Brewery in Liberty Station. Proceeds from this event will benefit the California Legislative Action Committee (CLAC).

The CAI California Legislative Action Committee (CAI CLAC) is the official voice with legislators and regulators in California. CAI CLAC exists to speak with one voice on legislative and regulatory matters that affect community associations, community association managers and CAI business partners. CAI CLAC is comprised of a balance of CAI members and appointees from the chapters within the state. CAI CLAC is a committee of CAI’s national office and is a partner with the CAI chapters within its state.

The legislation that CAI CLAC monitors, supports, or opposes has a direct impact on community associations. During its recent history, CAI CLAC has influenced legislation affecting board and committee operations and covenant enforcement.

Sponsorship opportunities are open to all business partners and management companies. This is a great opportunity to network and taste some of San Diego’s best beers and enjoy some great food. Don’t miss it!

2014


SOLD OUT!To participate as a sponsor,

contact the chapter office at 619-299-1376.


Features 6 A New Frontier for Community Associations: Electric Vehicle Charging Stations BY JODI A. KONORTI, ESQ.

10 Low on Water, High on Beauty BY MARLENE ARREDONDO & MIKE SCORSONE

16 The FHA Impact BY LAURA V. KWIATKOWSKI, ESQ.

20 Animals in HOAs BY KENNETH H. DILLINGHAM, JR., ESQ.

28 Under Surveillance BY SUSAN FAKHOURI, CMCA, AMS, PCAM

31 Creating a Community Garden BY TIMOTHY P. FLANAGAN, ESQ.

34 The Rise of Electronic Cigarettes:

To Smoke or Not to Smoke BY KYLE KRUGER

Good HOA Board Members

Departments 4 President’s Message BY JASON PAYNE

14 New and Renewing Members 24 NewsStand

30 Marketing Plan Member Spotlight: Pacific Western Painting

Back 2014 Marketing Plan Members Cover

Chapter News 2 Craft Beer Night

13 March 8 Essentials Sponsors

25 March 4 Trade Show

26 Past Presidents’ Lunch

30 Reverse Trade Show 33 Morning Program Sponsors 37 March 28 CID Law Sponsors

37 CAI Gives Back

PAGE 31 PAGE 28

Find us on Facebook!Don’t forget to “like” CAI San Diego!

Connect with us on LinkedIn:Search “Groups”: CAI San Diego

Get the latest from CAI San Diego on Twitter! @CAISanDiego


I t’s hard to believe that we are more than half

way through 2014. During this whirlwind of

a year, the San Diego Chapter has managed to

grow to its membership numbers higher than

we’ve seen in years. This is a direct result of our

Membership Committee continuing to recruit new

homeowners, managers and business partners.

Additionally, our Education Committee continues

to put together a great slate of speakers and

programs month after month.

Our magazine committee has done a tremendous

job of preparing some interesting articles

on electric vehicle charging, service animals,

electronic cigarettes and more.

As time and people continually change, so do the HOAs you manage.

That’s why CAI San Diego will always be at the forefront of education for

community managers.

Rest assured, as HOAs continue to evolve, CAI will too. We will continue to

assists our members in establishing and operating successful association

communities while providing a national forum for discussing key issues in

the association field.

I would like to thank you for being part of one of the finest chapters in the

country and look forward to seeing you at our next CAI event!

EXECUTIVE COMMITTEEJASON PAYNE ...................................................... PRESIDENT Payne Pest Management

BRUCE ROSENBLATT ........... PRESIDENT-ELECT/TREASURER Manager

KARINA TATUM ............................................VICE PRESIDENT Complex Realty

BECKY GROENEWOLD, PCAM ............................ SECRETARY PCM - Professional Community Management

DIRECTORS

BRIAN BLACKWELL ......................West Coast Management Firm

KRISTINE GAITAN ....................................................... Homeowner

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

JOANNA LABAHN-CORNETT ....................LaBahn’s Landscaping

LAURIE S. POOLE, ESQ. ................................. Peters & Freedman

SHANNON SMITH .................................... Reconstruction Experts

LOUISE STETTLER .........................Epsten Grinnell & Howell, APC

CHAPTER EXECUTIVE DIRECTORBARBARA OZENBAUGH, CMP, CAE

619-299-1376

EDITOR IN CHIEF ANDNEW & RENEWING ADVERTISING SALES

BARBARA OZENBAUGH, CMP, CAE619-299-1376, [email protected]

DESIGN & PRODUCTIONKRISTINE GAITAN

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

MAGAZINE EDITORIAL COMMITTEELAURIE S. POOLE, ESQ. (CHAIR) ........ Peters & Freedman, LLPBRIAN KALMENSON ....Michael Abdou Insurance Agency, Inc.ELAINE GOWER ........................................... Naumann Law FirmJEFF FRENCH ........................................ Green, Bryant & FrenchJEFF MORIN .............. Global Disposal Reduction Services, Inc.JODI KONORTI .......................... Epsten, Grinell & Howell, APCLAURI CROCE..................................... Law Office of Lauri CroceLUCAS SISNEROZ ................................................ N.N. JaeschkeMELODIE NICKELL ...................................Walters ManagementSUSAN FAKHOURI .........................................................ManagerYVETTE HUFFMAN ...........................DC Property ManagementRACHEL WILLIAMS ....................................Brad Stoner PaintingSANDY WEBSTER-SHYKO ................................... N.N. JaeschkeLAUREN MOLNAR .................................Reconstruction Experts

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 recommendation 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.”

© 2014 CAI - San Diego Chapter

ADVERTISING & CORRESPONDENCE SHOULD BE SENT TO:Common Assessment Magazine

CAI - San Diego Chapter1081 Camino del Rio South, Suite 109, San Diego, CA 92108

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

President’s Message

Rolling with the Changes

Common

Jason Payne has been a member of the CAI San Diego Chapter since 2007 serving on the Membership, Marketing/PR and Monte Carlo Committees. Jason is currently the 2014 Chapter President.


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ELECTRIC VEHICLE CHARGING STATIONS

by Jodi A. Konorti, Esq.

A New Frontier for Community Associations

7C O M M O N A S S E S S M E N T M A G A Z I N E | S U M M E R 2 0 1 4

Continued on page 8

Given the handful of articles already published on

Civil Code § 4745, which governs an owner’s and

community association’s rights and obligations

related to owner-installed electric vehicle charging stations,

this article will take a different approach and shift the focus

from Civil Code § 4745 requirements to an alternative electric

vehicle charging station option for community associations

in San Diego to consider. That is, the idea that an association

may proactively contract with an electric vehicle charging

station provider for the installation of stations throughout

the community. Upon the request of an owner, a station is

installed by the provider (not the owner).

By now you’ve all probably seen them… specially-marked

parking spaces in public parking lots and garages equipped

with electric vehicle charging stations. The number of public

parking spaces equipped with electric vehicle charging

stations in San Diego, and beyond, is quickly rising to

accommodate the increasing number of electric vehicles

on the roads. It is estimated that approximately two million

electric vehicles navigated U.S. roads in 2012. The rapid

increase in electric vehicle ownership is no surprise given

ballooning gas prices, advances in electric vehicle technology

(i.e., more efficient and compact designs, longer-lasting

lithium-ion batteries), the fact almost all major automakers

have, or will soon have, an electric vehicle model on the road,

and the penchant of the California legislature to promote and


encourage the use of electric vehicles

in this state. These elements, coupled

with the notion that the increasing

number of electric vehicle drivers

inevitably need to park their car at

home at some point begs the question:

Where can a condominium owner park

their electric vehicle at the end of the

day?

The answer is premised on

California Civil Code § 4745, which

addresses the installation, use and

maintenance of electric vehicle

charging stations in common interest

developments. Section 4745 outlines

the requirements and conditions of

an owner’s independent installation

of an electric vehicle charging station

on association property, including but

not limited to, association review and

approval requirements, contractor

license requirements, maintenance and

insurance obligations and electricity

and repair cost obligations.

The growing number of electric

vehicles on the road translates into a

growing number of owner-requests

to install electric vehicle charging

stations. This is especially true in urban

areas. An alternative to leaving the

request and installation of electric

vehicle stations in the hands of each

owner is for an association to be

proactive and pre-empt the need for

owners to request independently-

installed stations. This is done by the

association contracting with an electric

vehicle station provider to install a

station in the common area or in an

owner’s assigned parking space, upon

the request of an owner. The owner

then becomes a subscriber to the

station provider.

What’s notable about this

alternative option is there are various

station providers offering subsidized

stations, i.e., at little to no cost to

the association. Some providers

even provide for maintenance of the

equipment at their cost. The basic

set-up is as follows: The community

association contracts with a company

to install a certain number of stations

in common area or in requesting

owners’ parking spaces. The number

and location of stations will depend

on the parking infrastructure, the

space available and electrical capacity,

among other things. Once the

association has contracted with the

electric vehicle station provider, upon

the request of an owner, the company

may provide a charging station, and

in some cases, install the station and

related equipment at the desired/

appropriate location.

The owner generally must become

a subscriber to the provider’s services.

The electricity costs to charge the

vehicle are paid for by the owner.

These types of programs are akin

to a bulk cable contract for an

association: A provider offers electric

vehicle charging station services to

all requesting owners. If an owner

would like an electric vehicle charging

station and electric vehicle service,

they contract with the company and

the company provides and installs

the necessary equipment. From

the programs reviewed to date,

the programs do not appear to be

exclusive, meaning an owner can still

independently purchase and install

their own electric vehicle station if they

wish, subject to the requirements in

Civil Code § 4745.

The benefit of utilizing this type

of program is (i) consistency in

installation, (ii) transfer of risk related

to installation and maintenance,

(iii) lessened architectural review

obligations for the association

because the acceptable location, size

and design of the stations is already

determined by the provider, (iv) low

or no cost to the association, and (v)

less responsibility on the owners to

maintain and repair the electric vehicle

stations (although owners remain

A NEW FRONTIERContinued from page 7

NRG/eVgo has a “Make-Readies” program and is available to electrify at least 10,000 parking

spaces (public and private) within specific areas, including the San Diego Gas and Electric territory.

Whether this program is available to a specific community association depends on the location

of the community and existing infrastructure, among other items. The program is four-years long

(with the possibility of a one or two year extension), and the program just completed its first year

in December 2013.

ChargePoint is another company that provides electric vehicle charging stations to qualified

community associations. ChargePoint won a competitive bidding process to help provide over 200

charging stations in multi-dwelling locations in San Diego. Its efforts are backed by the Energy Commission. ChargePoint also

operates an expansive network of stations throughout the United States.

Please note, there may be other companies offering similar services to community associations. Please ensure you always

check references and fully research any company before retaining them for electric vehicle charging station services.


responsible for damage caused to the

electric vehicle charging stations).

Although implementing this type

of program will limit an owner’s

obligations under Civil Code § 4745

(since the electric vehicle charging

station company will assume some

of the obligations, such as installation

and maintenance), community

associations with subsidized electric

vehicle charging station programs

should nevertheless adopt rules

relating to the stations. Such rules

could outline the procedures to request

an electric vehicle station from the

provider, any architectural approval

procedures, subscriber obligations,

the responsibility for insurance and

electricity costs, and the responsibility

for damage repairs.

In conclusion, there are a handful

of companies in southern California

offering these electric vehicle charging

station services. The companies

range from providing free or low-

cost stations with the community

association and owners covering all

other costs, including installation,

maintenance and subscriber costs, to

companies that provide free stations

and infrastructure, as well as pay for

the installation and maintenance costs.

In the end, a community association

that voluntarily and proactively offers

its owners attractive and varied electric

vehicle options is likely more appealing

to potential buyers than a community

next door that doesn’t. For this

reason, this type of program is worth

consideration. Before implementing

this type of program, research what is

available in your location, as there may

be several options available.

Jodi A. Konorti, Esq., is an Associate Attorney at Epsten Grinnell & Howell, APC, attorneys with offices in San Diego, the Inland Empire, and Coachella Valley.

Brendan ConcannonRegional Account Executive619-961-6346Toll Free 866-800-4656, ext. [email protected]

take that to the bank.

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mutualofomahabank.com Member FDICEqual Housing Lender


“R educe water usage!” This statement can

be heard quite often in the community

association industry and yet, many

beautiful landscapes still require a great

amount of water to flourish. How can communities keep the

desired landscape beauty while simultaneously reducing

water usage?

All in the DesignIt may not be visible to some, but landscape design is

ever-changing. This becomes especially apparent when we

consider preservation of earth’s resources and environment.

Drought tolerant plant material has become a recent trend in

California. Rising water costs and current drought concerns

have created an interest in replacing existing landscape

material with water saving alternatives like drought tolerant

plant material and artificial turf.

How does this affect San Diego homeowners

associations? When a community has made the decision to

replace current landscape with drought tolerant material, it

is important to develop a landscape plan. The plan should

take into consideration the site conditions, such as soil type,

intended use of the area, and grouping of plant material

based on watering needs.

Rethink Your Plant PaletteWith many drought tolerant varieties of plant material

becoming popular due to our changing weather conditions,

there has never been a better time for communities to start

rethinking their plant palettes.

Don’t Drought Tolerant Plants Look Dull & Sparse?

Many people expect drought tolerant landscape to be

Low on Water, High on Beauty


like the desert – dry and sparse. While there are beautiful

“desertscapes” in California, the climate of San Diego

County provides a variety of ways to create lush, colorful

and tolerant landscape. Selecting a diverse plant palette and

using proper plant placement will assist in creating a scenic

landscape.

When selecting a plant palette, the foliage color, texture,

size and shape should all be taken into consideration.

Choosing plants that have different blooming seasons will

help create bursts of color throughout the year.

What Types of Plants are Considered Drought Tolerant?

Depending on your community, one or more of the plant

varieties below may be suitable for your landscape:

• Acacia ‘Desert Carpet’ is great for any slopes

that may exist within your community. This plant

blooms with small yellow flowers and grows

well in areas with poor soil content, but will not

grow taller than two feet.

• Carissa Natal Plum ‘Green Carpet’ can be recognized

by its dark green leaves and white pinwheel flowers.

This fast growing plant will tolerate salt spray and is

best purchased as one gallon in greater numbers.

• A wonderful California native, Ceanothus griseus

horizontalis is known for its shiny, textured leaves and

long lived blue flowers. It is a great plant for coastal

gardens where it is exposed to strong winds and salt

spray, but also works well in coastal valleys.

• The evergreen plant Cistus Rockrose tolerates salty

ocean winds, poor soil conditions and heavy desert

heat. Recognized for its large, brightly colored flowers

and a light green leaf, this plant flowers from spring

Low on Water, High on Beauty Water Restrictions & Changing Landscape Trendsby Marlene Arredondo & Mike Scorsone

Continued on page 12


into summer. Cistus Rockrose

can also be renovated to fit your

maturing landscape.

• Rosemary Prostrate is the low

growing, ground covering plant

that blooms blue, giving off

the familiar rosemary smell

most enjoy. Take caution when

planting this plant as it tends

to be a favorite of the bees and

may not be appropriate around

tot lots or home entryways.

• Rosemary ‘Tuscan Blue’ is a

familiar, upright type of plant

with a long lasting blue flower.

Commonly used in cooking,

many communities use

Rosemary around dog stations

to help with the odor.

• Tecoma capensis, ‘Cape

Honeysuckle,’ has a tubular

orange shaped flower and

can bloom almost all year

long depending on your zone.

This plant is a favorite with

hummingbirds and has little to

no known pest issues.

Consider incorporating some of

your community’s current tropical

landscape material with a new plant

palette. It is surprising how established

Bird of Paradise, Philodendron and

other tropical material will survive in

drought conditions. Depending on the

location, many of these plants will use

the same water requirements as plants

native to California.

Get the Most Out of Your Irrigation System

Your irrigation system is the

foundation of your landscape. There

are several new and resourceful ways

to reduce water usage with this water

delivery system. Using the correct

nozzles and screens to regulate output

is the easiest and most cost efficient

way to reduce water usage. If new

heads are being installed and nozzles

are not being changed, chances are

water is being wasted due to runoff.

Drip irrigation is quickly becoming

the standard irrigation method for

many applications. Drip irrigation

admits water only where it is needed,

which can provide communities with

significant water savings. Using this

localized method of watering instead

of overhead spray heads means there

is less chance of run-off, evaporation,

wind carry, and soil erosion.

Advancements are still being made

in the materials and techniques used

for drip irrigation. Landscape gardeners

are more aware than ever of the

importance of this natural resource,

and how the efficient usage and

management of water can assist plant

material growth.

Lush Lawns: A Thing of the Past?

The biggest water offender in

landscaped areas will always be turf

grass. Everyone loves a green lush

lawn, yet that is quickly becoming

a thing of the past. Residents and

managers may want to consider

how useful the turf areas are in their

communities. Leaving large useful

turf areas and eliminating small mow

strips is a great start. If the turf area

is generally used for specific activities

such as playing ball or picnicking,

then it can be seen as an asset to

the community. Other, non-essential

turf areas may be considered for

renovation.

Removing turf grass and replacing

it with synthetic turf is growing

in popularity. This is attributed to

LOW ON WATER, HIGH ON BEAUTYContinued from page 11


recent advancement in technologies

and increased awareness of its

benefits. The reduced water use and

maintenance are the greatest benefits

that communities may see. One other

benefit would be no more unsightly

“doggie spots.”

Removal RebatesGet the most out of turf removal.

Exploring sites like SoCal Water

Smart’s www.socalwatersmart.com can

get you a rebate of $1.00 or more per

square foot when you replace turf with

California Friendly™ landscape.

Replacing water-intensive plant

material with water-saving landscape

not only assists with water bill savings

and reduces landscape maintenance

costs, but also shows the community

you care about earth’s precious

resources.

Mike Scorsone is Artistic Maintenance, Inc.’s Branch Manager of Operations for San Diego County.

Marlene Arredondo is the VP of Sales and Marketing at Artistic Maintenance, Inc., a landscape maintenance and construction company serving Southern California.

ContaCt:Larry Hooper, Vice President714-864-5171Toll free: [email protected] www.associationbankers.com

Our dediCated experts understand the needs of community associations.

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waltersmanagement.com[800] 227-6225

Putting the

unity in

community

Thank You to Our Essentials Class Sponsors

March 8, 2014

Morning SessionBrad L. Stoner Painting, Inc.JW Cleaning & Restoration

Afternoon SessionJW Cleaning & Restoration

Welcome new chapter members!! Thank you to our chapter members that have renewed their CAI membership. We appreciate your continued support and participation in our chapter.

New & Renewing Members

4-Points Management Agency .......................2004Access Professional Systems, Inc. ..................2013Aegerter, CMCA, AMS, Alan ..........................2006Afkhami, CCAM, PCAM, Sabrina ...................2006Agricultural Pest Control .................................2002Albert, Mark ......................................................1983AlliedBarton Security Services, Inc. ................2009Andrade, Iris .....................................................2013Animal Pest Management Services, Inc. .......2008Antimite Termite and Pest Control ................2012ARK Management ............................................2010Association Capital Bank, a Division of Texas Capital Bank ...................2011Association Reserves San Diego, LLC ...........2008Associations Insurance Agency, Inc. ..............2009Aztec Tree Service ............................................2012Baker, CMCA, Deborah ...................................2005Bald Eagle Security Services, Inc. ..................2009BELFOR Property Restoration ........................2013Beneventi, John ...............................................1992Bice, CMCA, AMS, Jerry .................................2007Brennan, CMCA, Nicholas ..............................2009Brewster, CMCA, AMS, PCAM, Kelley ...........2009Brinks Services, Inc. ..........................................2006Brothwick, Robert .............................................2013Brustkern, CMCA, Sheila .................................2006Burns, Gloria .....................................................2013Buzzell, Sue .......................................................1979Camp, Becky .....................................................2013Camp, CCAM, Katy .........................................2008Casselman, Steven ...........................................2010Cavanaugh, Richard .........................................1992CertaPro Painters, Ltd. ....................................2003Champagne, Dorothy ......................................2009Chavez, Marina .................................................2013Christian, Susan ................................................2010CINC Systems ...................................................2008Clark Pest Control ............................................1996Coobatis, CMCA, Maureen ............................2009Croft, Ken ..........................................................1979Curtis Management Company, Inc. ...............1984Demoranville, David ........................................2013Design Build Associates ..................................2007Dillingham & Associates ................................2009Dolnick, Sam .....................................................1990Donaldson, Robert ...........................................1992Durst, Ann .........................................................1983Elliot Katzovitz Insurance Agency ..................1999Emercon Construction, Inc. ............................2013EmpireWorks Reconstruction and Painting ..2004Feist, Vetter, Knauf & Loy ................................1978Fennell, CMCA, Robin .....................................2009First Citizens Bank ............................................2011

Fortmueller, Sharon..........................................2011Global Disposal Reduction Services, Inc. ......2008Golden State Reserves Studies, LLC .............2013Goldstein, CMCA, Kami ..................................2013Gonzales, Christine ..........................................2013Graham, CCAM, CMCA, AMS, PCAM, Lori ...2006Graviss, CMCA, AMS, Tara .............................2012Green Bryant & French, LLP ...........................2005GRG Management, Inc. ..................................2013Griffiths, CMCA, AMS, Deborah ....................2006Groenewold, CMCA, AMS, PCAM, Rebecca ..2005GuardTop, LLC .................................................2013Halliday, Heidi ...................................................2007Haney Accountants, Inc. ..................................2009Heaviland Enterprises, Inc...............................2011Hill, CCAM, CMCA, Linda K. ..........................2007HOA Elections of California, Inc. ...................2006Hudson, Melanie ..............................................2010Interiors: By Design ..........................................1996Isaacson, CCAM, CMCA, AMS, PCAM, Lisa ..2007Ivey Engineering, Inc. ......................................2012Johnson, Glen ..................................................2013Kepler, Chester .................................................2010Kerl, Don ...........................................................2012Kiel, Bill ..............................................................1979Kim, CCAM, CMCA, AMS, Jamie ..................2007Kindig, Pamela .................................................2010Klima CMCA, AMS, Nadya .............................2006Korody, Amber .................................................2006Kownacki, CMCA, Joel ....................................2013Kriger Law Firm ................................................1984Landsystems .....................................................2002Lang, CMCA, AMS, Tracy ................................2009LeBlanc, CMCA, AMS, John ...........................2010Levine, CMCA, Aaron ......................................2013Liese, CMCA, AMS, Janice .............................2006Lindley, Erin .......................................................2013Lindsay Management Services .......................2012Lloyd, Alicia .......................................................1999Lloyd Pest Control ...........................................2006Lutz, Mike ..........................................................2006Mary Minnier, CPA ...........................................2007Mays, Traci ........................................................2010McClure, CMCA, AMS, Clint ..........................2006McKearn, Sharon ..............................................1979McMurray, CMCA, AMS, PCAM, Shannon ...2008McNamara, Patrick ...........................................1992Medley, Karen ...................................................2009Mercer, Christina ..............................................2012MeterNet...........................................................2011Michaels, Donald .............................................2006Miraglio , Rosemarie ........................................2010Morgan Stanley Smith Barney ........................1996

Morning View Associates, LLC .......................2006Morrisey, CMCA, Patrick .................................2009Murphy, Haley ...................................................2013Murrey, CMCA, McKenzie ...............................2006Nelson Paving/Goldstar Asphalt ....................2008Nevarez, CMCA, AMS, Jimmy........................2013Nickell, Melodie ...............................................2013OCBS, Inc. .........................................................2006Osborn, Jim ......................................................2009Pacific Rim Property Management, AAMC ...2011Patstone, Jennifer ............................................2013PCM of California, Inc., CMF ..........................1989Penzes, PCAM, Peter .......................................2005Pernicano Realty Management Company ....1997Personal Touch Cleaning & Maintenance, Inc. ..2012Peterson, Thomas ............................................2013Petrekova, Rita ..................................................2012Platt, Tina ..........................................................2013Popular Association Banking ..........................2005Private Security .................................................2013R&D Pest Services, Inc. ....................................2009Rayco, Inc. .........................................................2013Raymundo, Christian........................................2013Rice, Louella ......................................................2010Roy Palacios Insurance Agency, Inc. ..............2005Runsvold, Erik ...................................................2013S.H.E. Manages Properties ............................2005San Diego Roof Doctor ...................................2011Sandoval, CMCA, AMS, Asael ........................2006Seelig, Melanie .................................................2013Servpro Industries ............................................2010Sheldon, Andrew ..............................................2013Shipp, CMCA, AMS, Cori ................................2006Simone, Tom .....................................................1979Smith, Shelley ...................................................1983Stanley, CMCA, AMS, Nina .............................2010Steven Segal Insurance Agency, Inc. .............2003Stewart, PCAM, William ..................................2005The Forestry Group Tree Care Services ........2012The Naumann Law Firm, PC ...........................2012Transpacific Management Service .................2012TruGreen LandCare .........................................2002ValleyCrest Landscape Maintenance ............2011Vellios, Gerie .....................................................2005Villa Park Landscape ........................................2006Vista Paint Corporation ...................................1991Vongphosy, Annie ............................................2013Wagner, CCAM, CMCA, Janet .......................2006Zumbahlen, Michael ........................................1999

360 Community Management ...................... 3/14California Safety Agency ............................... 3/14CiraConnect ................................................... 3/14Cox Communications .................................... 1/14Kirk Miller Insurance Agency ........................ 3/14RoofLIFE Management, Inc. ......................... 1/14Blostin, Steve ................................................. 2/14Breedlove, Natasha ....................................... 2/14Colpitts, David ............................................... 2/14Dawson, Robyn ................................................2014Dmytrenko, Vlady .......................................... 2/14Douglas, Monique ......................................... 3/14Duponte Nalani ............................................. 2/14

Garcia, Martha ............................................... 3/14Gerner, Jennifer ............................................. 3/14Hickman, David .............................................. 2/14Kanan, Linda .................................................. 2/14Konstanzer , Arlyn .......................................... 2/14Layman, Nancy ............................................... 2/14Mae, Michael.................................................. 3/14Mchutchinson, Michelle ................................ 2/14McLaughlin, Therese ..................................... 3/14McMillen, Joe ................................................ 3/14Miller, Floyd .................................................... 2/14Niles, Walter ................................................... 2/14Pedraza, Jesus ............................................... 1/14Peterson, Keith............................................... 2/14

Phillips, Ted .................................................... 3/14Quinn, Terrence ............................................. 2/14Senske, Jessica .............................................. 1/14Short, Josette ................................................. 1/14Suarez, Margot ............................................... 3/14Tanjuakio, Katrinia.......................................... 1/14Thompson, Frank ........................................... 2/14Tillmond, Rita ................................................. 3/14Tracy, Margaret .............................................. 3/14Ward, Jessica ................................................. 2/14Whitmore, Maureen ...................................... 2/14Zajaceskowski, Alicia ..................................... 3/14

January/February/March 2014

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The FHA ImpactDo Evolving FHA Certification Requirements Have An Effect On The Marketability And Governance Of Properties In Condominium Developments?

By Laura V. Kwiatkowski, Esq.

16 S U M M E R 2 0 1 4 | C O M M O N A S S E S S M E N T M A G A Z I N E

17


In order to address the impact that the Federal Housing

Administration’s (FHA) certification requirements have

on condominium developments, we must first start with

the purpose and role of the FHA.

Created in 1934, the FHA’s purpose is to provide

mortgage insurance on loans made by approved lenders

throughout the United States. In 1965, the FHA became part

of the U.S. Department of Housing and Urban Development

(“HUD”). The FHA insures certain mortgages on single

family homes, multifamily homes (namely condominiums)

and even manufactured homes. FHA mortgage insurance is

designed to protect approved lenders from financial losses

due to defaults. An FHA-backed loan typically allows buyers

to purchase a home with a smaller down payment than

most conventional loans. An FHA-backed loan might also

have a lower interest rate. However, the FHA establishes

certain minimum eligibility guidelines which must be met

for the agency to provide its backing. For condominium

communities, this is known as “FHA Certification.” Currently,

an FHA certification for a condominium project is good for

only two years.

FHA minimum eligibility requirements can impact

condominium projects in a significant way. For example, in

order for a project to be FHA certified, the FHA requires,

among other things, that at least 50% of the total units in

the project be owner occupied or sold to owners who intend

to occupy the units. Also, condominium projects which allow

short term rentals (typically, less than 30 days) and time

share projects are not eligible for FHA Certification. Another

FHA minimum eligibility requirement provides that no more

than 15% of the total units in the condominium project can

be more than 60 days past due in paying assessments. The

current 60 day provision is effective until August 31, 2014

unless otherwise extended by the FHA.

Some argue that in today’s market, unless a

condominium project has an FHA Certification, sellers

are disadvantaged by a smaller pool of potential

buyers. They contend that the lack of an FHA

Certification could mean fewer sales and a possible

decrease in property values within the condominium

association. These concerns lead owners to place

pressure on their associations’ boards of directors

to address the issue. Owners may want to alter

their governing documents to meet FHA minimum

requirements. This, however, is no simple task.

A common rental restriction sought by owners

to meet the FHA’s minimum requirements is a cap

on the number of rentals within the community in an

attempt to ensure that at least 50% of the units are

owner-occupied as required for FHA certification.

This means amending the CC&Rs with the required

approval of the membership. Further, under California

Civil Code §4740, an owner may not be subject to a

rental restriction which became effective on or after

January 1, 2012, unless it was in effect at the time

the owner purchased his or her unit or the owner

voluntarily agrees to be bound by the rental restriction.

Communities with rentals in excess of the cap may

have to wait until the rentals’ owners sell their units to

see the positive effects of the cap.

Owners must disclose rental restrictions to

potential purchasers. This, in turn, could also reduce

the pool of potential purchasers. Investor-owners

C O M M O N A S S E S S M E N T M A G A Z I N E | S U M M E R 2 0 1 4


would be dissuaded from purchasing.

Even prospective owners who

plan on occupying the unit at the

time of purchase might think twice

about buying: what if their personal

circumstances change and they are

limited in the future from renting their

unit?

Consider also that condominium

associations have little control over

the number of delinquencies in their

community. While the association

does have the ability to move forward

with the lien process or to initiate

legal action, the association does not

have the ability to stop owners from

falling more than 60 days behind in

their assessments. This is particularly

true when delinquencies are driven

by a poor economy and high

unemployment.

Lastly, the HUD Condominium

Project Approval and Processing Guide

(as modified by HUD’s Mortgagee

Letter 2012-18) currently requires,

among other things, that the person

who submits the application for FHA

Certification must also sign and submit

a Project Certification document. The

person signing the Project Certification

document certifies that to the best

of their knowledge or belief the

information and statements contained

in the application are true and correct,

they have reviewed the application and

it meets all current FHA condominium

approval requirements, and they

have no knowledge of circumstances

or conditions that might have an

adverse effect on the project. Some

examples of such circumstances

or conditions provided on the FHA

Project Certification document include,

but are not limited to, “. . . defects in

construction; substantial operations

issues; or litigation, mediation or

arbitration issues.” The current FHA

Project Certification language was

implemented as part of temporary

condominium project approval

guideline changes and is effective

until August 31, 2014 unless otherwise

extended by the FHA.

Persons who “knowingly” or

“willfully” provide false, fictitious,

or fraudulent attestations in the

certification may be subject to a

fine of up to one million dollars

and/or up to 30 years in prison. In

addition, any person who signs the

certification may also be exposed

to monetary civil liability to HUD

if HUD sustains damages from the

person’s actions. Even attorneys are

not immune to potential liability or

sanctions. Attorneys who violate

these obligations may be disbarred.

As a result, community managers,

board members or attorneys might

understandably be concerned with

their own potential liability in signing

such a certification.

FHA certification requirements

are constantly evolving. Associations

should always check with their own

legal counsel to verify the most

current FHA certification requirements

prior to deciding on proposed CC&R

amendments and whether or not

to seek FHA Certification or FHA

Recertification.

There are no easy answers.

How condominium communities

will respond to FHA certification

requirements is an evolving process

based on the varied perspectives of

the association’s board of directors

and the members living within the

community.

Laura V. Kwiatkowski, Esq. is the owner of the Law Office of Laura Kwiatkowski. The firm has specialized in the representation of common interest developments for over twenty years.

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THE FHA IMPACTContinued from page 17


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20

What’s the difference between a service animal

and an emotional support animal? Not much,

when it comes to having to allow them in

community associations!

Consider this scenario: Sally Director receives a

complaint from a resident that a neighbor just moved in

with a dog and a bird. A big bird, like a parrot or something.

The complaining party doesn’t have any specifics, but says

that they had experience years ago with a bird, and birds

are loud and messy, and they don’t want to live next door

to another one. Sally Director agrees, having been horribly

attacked by birds as a child, and since the community

has a one-pet only restriction, she goes to Marc Manager,

and says send a violation letter to Bird Man because birds

aren’t allowed in the community. In response, Bird Man says

he needs the bird to calm him from his debilitating PTSD

anxiety attacks.

Can You Get Rid of the Bird?Sure, you think to yourself, my attorney told me that the

Americans with Disabilities Act (ADA) was changed recently

so that only trained dogs can be service animals. I can get

rid of the bird!

Unfortunately, the answer may be “no.” Under certain

circumstances you can’t flip out over the bird, and may have

to allow it.

Just like other areas of association governance, there are

many laws that apply to animals in community associations.

We’re focusing on one such law here: the Fair Housing Act.

The FHA applies to community associations and requires

reasonable accommodations in rules and policies to

accommodate persons with disabilities.

While it is true that the ADA provisions regarding

service animals were changed in 2011 to refer to trained

dogs, the ADA is generally not applicable to community

associations (because most associations are not places

of “public accommodations” or open to the public).

However, the FHA is applicable and covers virtually all

types of housing, including community

associations, with a few limited

exceptions. And, the FHA’s

definition of an “assistance

animal” is much broader

than the ADA’s.

So, you can take the

exact same scenario

described above, delete

the word “bird,” and insert

the word “cat,” “dog,”

“snake,” or “spider.” Under

the FHA regulations,

the types of permitted

assistance animals are

not limited to dogs.

Also, names don’t

matter. Under the

provisions of

the FHA, it

ANIMALS IN HOAsService

AssistanceEmotional Support

or Companion?

S U M M E R 2 0 1 4 | C O M M O N A S S E S S M E N T M A G A Z I N E

21

doesn’t’ matter whether you call them service animals,

companion animals, emotional support animals, therapy

animals, or working animals. If the animal is there to

serve the individual’s disability, it is not a “pet,”

and is subject to the FHA’s reasonable

accommodation requirement in rules

enforcement.

The following is taken directly

from an April 25, 2013, notice

produced by the U.S. Department

of Housing and Urban

Development:

“An assistance animal

is an animal that works,

provides assistance, or

performs tasks for the

benefit of a person

with a disability,

or provides

emotional

support that

alleviates one or more identified symptoms or effects of a

person’s disability.”

Examples given of such assistance animals include

guiding blind individuals, alerting deaf individuals to

sounds, providing protection and rescue assistance, pulling

wheelchairs, fetching items, providing seizure alerts, or

providing emotional support to persons with disabilities who

have a disability-related need for such support.

And, while dogs are the most common type of assistance

animal, the HUD Notice states that other animals can also be

assistance animals.

Finally, for purposes of reasonable accommodation

requests under the FHA, there is no requirement that any

such animal be individually trained or certified. Even a pound

rescue animal can qualify!

So, when faced with the bird, what can you do? Just

as with any other disability-related request for reasonable

accommodations in rules enforcement, there’s generally only

two questions you can ask:

(a) Does the person seeking to use and live with the

animal have a disability – meaning a physical or mental

impairment that substantially limits one or more major life

activity? And, you can only ask this if the disability is not

obvious or otherwise known to you!

(b) Does the person making the request have a disability-

related need for an assistance animal? Specifically, does

the animal “…work, provide assistance, perform tasks or

services for the benefit of a person with a disability, or

provide emotional support that alleviates one or more of

the identified symptoms or effects of a person’s existing

disability.”

If the answers to both questions are “yes,” you

likely need to allow the assistance animal.

You can deny a reasonable accommodation

request; but do so at your own peril! The HUD

By Kenneth H. Dillingham, Jr., Esq.

ANIMALS IN HOAs


C O M M O N A S S E S S M E N T M A G A Z I N E | S U M M E R 2 0 1 4


Notice provides four acceptable reasons for denial:

1. Accommodating the request would impose an undue

financial and administrative burden.

2. Accommodating the request would fundamentally

alter the nature of the housing provider’s services.

3. The specific assistance animal in question poses

a direct threat to the health or safety of others

that cannot be reduced or eliminated by another

reasonable accommodation.

4. The specific assistance animal in question would

cause substantial physical damage to the property

of others that cannot be reduced or eliminated by

another reasonable accommodation.

Note that direct threats of harm or damage cannot be

based on breed, size or weight. Nor can speculation or fear

be used to justify any denial. Any denial must be based

on looking at the specific animal in question and must use

objective evidence about that animal’s actual conduct.

For example, let’s use an aggressive breed that’s been

in the news lately, a pit bull terrier. You cannot use the fear

of attacks by pit bulls to justify denying an accommodation

to a disabled person’s request to keep their assistance pit

bull. You have to look at the disabled person’s individual pit

bull and make your determination based on that objective

observation.

Also, beware about questioning a disability, even when

given a reasonable accommodation request. If the person’s

disability is not readily apparent or already known by you,

you can ask for reliable documentation of a disability and

their disability-related need for an assistance animal. If the

person’s disability is readily apparent, you can’t ask. Also,

you can’t ask for access to, or copies of, medical records or

physician’s names for detailed or extensive information or

documentation of a disability.

Just as with any other disability-related request for

reasonable accommodation, a request for an assistance

animal cannot be unreasonably denied, and you cannot

require additional fees, deposits or other prerequisites before

allowing the assistance animal. Nor can your response to

any reasonable accommodation request be unreasonably

delayed. If you do so, any resident who believes they have

been discriminated against may file a complaint with the

California Department of Fair Employment and Housing or

the federal Department of Housing and Urban Development.

Then, you’re in trouble!

Ken Dillingham is an attorney with Dillingham & Associates, working with homeowner association communities since 1986.

ANIMALS IN HOASContinued from page 21

When faced with an animal violation what cannot be asked? • CANNOT ask if there is a disability. • CANNOT ask about the nature or severity of the

disability. • CANNOT ask anything if the disability is obvious or

already known, and • CANNOT ask if the need for the requested

accommodation is readily apparent or known. • CANNOT ask for a pet deposit or fee.

If someone says they have a disability and need an animal, what can I ask? • CAN ask for information to verify the disability (if it’s

not obvious or known). • CAN ask how the animal addresses the disability (if

it’s not obvious or known).

What types of information can I require? • Verbal assurances from the requestor. • Doctor or other medical professional note. • Note from peer support group or non-medical service

agency (think AA or hypnotherapist). • Note from reliable third party, someone who’s

in a position to know about the disability (think commanding officer).

Only get the minimum; you can’t get detailed medical records. Once you’ve established a disability, limit your requests to only the information necessary to evaluate the animal request. Keep all information confidential, unless told otherwise.

Some “Cans” and “Cannots” in Service Animal Investigations


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CAI Recognizes Almost 80 Exemplary Board Members

Close to 80 community association board members from

20 states and Washington, D.C.—all of them homeowners

who lead their communities as volunteers—have been

recognized as part of Community Association Leader

Appreciation Month.

Sponsored by Community Associations Institute (CAI),

the observance coincides with National Volunteer Month in

April.

An estimated 1.7 million Americans serve on boards

that govern more than 328,000 homeowners associations,

condominiums, cooperatives and other planned communities

across the country. These volunteers are typically elected

by their homeowner neighbors, some serving year after

year after year. Collectively, community association board

members contribute time valued at almost $1.5 billion to their

communities every year.

The board members honored by CAI were recommended

by residents, fellow board members or managers in their

communities.

“Imagine volunteers contributing more than 66 million

hours of their personal time annually to serve their neighbors

and communities,” said CAI Chief Executive Officer Thomas

M. Skiba. “The board members recognized by CAI symbolize

the commitment of time, energy and expertise provided by

literally hundreds of thousands of association volunteers.

While many are supported by community managers

and other professionals, board members are ultimately

responsible for the well-being of their communities.”

“These leaders and other homeowner volunteers dedicate

themselves to building and sustaining their communities,”

Skiba says. “They develop and meet budgets, ensure that

services are provided, hire and supervise service providers,

plan and oversee capital improvement projects, coordinate

association activities and so much more.

“But what they really do—what’s most important to

homeowners in every community association,” Skiba add,

“is preserve the nature and character of their communities,

protect property values and meet the established

expectations of their fellow residents. It’s a challenging,

demanding, time-consuming responsibility, but they do it—

often year after year.”

San Diego County HOA Board Members Recognized Include:

Nick AnastasopoulosCommunity Association of Bernardo Heights

San Diego, CA

Norm HalusShadowridge Owners’ Association

Vista, CA

Donald LopezOcean Hills Country Club

Oceanside, CA

Teene MillerShadowridge Owners’ Association

Vista, CA

Ed PhilbrickSan Elijo Hills Community Association

San Marcos, CA

Don RenfroLiberty Station Community Association

San Diego, CA

Angela TakemotoOcean Hills Country Club

Oceanside, CA

Doug WeiheRolling Hills Ranch Community Association

Chula Vista, CA

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Past Presidents’ Luncheon

Pictured from left to right, seated: Barbara Ozenbaugh, Executive Director, Marie Donovan, Jason Payne, Louise Stettler and Marc Poland. Pictured from left to right, standing: Jon Epsten, Esq.,, Mike Packard, Cyndi Koester, PCAM, Joel Kriger, Esq., Willie Payne, Pat Sullivan, Kieran Purcell, Esq., Rick Salpietra, Esq. and Len Sonnenberg.

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WORKING TOGETHER:CAI Calfornia Legislative Action Committee and

45,000 Community Associations

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CAI-CLAC is working toward legislative solutions that are right for California homeowner associations

with the ongoing and generous support of HOA communities across the state. Join CAI’s 2013 Legislative

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UNDER SURVEILLANCE

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Using Surveillance Cameras to Capture Criminal Activity

By Susan Fakhouri, CMCA, AMS, PCAM



Associations generally

are required to maintain

the common area. This

includes making needed

repairs to prevent injuries and to

prevent potential liability. But what

if property loss, injury, or even death

occurs because of an unforeseeable

event? In this case, the unforeseeable

event is a horrible crime. It is crucial

that the board consult with the

association’s insurance agent and legal

counsel for coverage information and

potential liability relating to criminal

activity.

Certain criminal activity is on the

rise. According to Bert Gines, Security

Guard Trainer, with Security First in

El Cajon, California, “Since marijuana

dispensaries are now everywhere,

organized crime has increased

dramatically and drug dealers have

gone back to burglarizing homes to

sell stolen items and to committing

robberies for money.”

Additionally Mr. Gines notes,

“Criminals like to target community

association residents because they

typically do not have large dogs or

security alarm systems like single

family homeowners do. The criminals

will often canvass the property

beforehand and they work in teams.

Sometimes what was supposed to be a

burglary ends up as a home invasion.”

Perhaps in response to rising

crime, more and more associations

are installing surveillance cameras in

their communities. It is important to

note that surveillance or monitoring

cameras do not prevent crime; these

cameras do not discriminate and are

used to record before, during, and

after a criminal activity takes place.

Consequently, the surveillance footage

may be used to assist in arresting and

convicting perpetrators.

Associations considering installing

cameras need to consider certain

factors. Monitoring cameras must

be placed in common areas and the

association must post signs to indicate

the presence of these cameras. Most

importantly, the cameras must be

functioning to prevent a false sense

of protection by homeowners. A

homeowner may think they do not

need to protect themselves further

because of a visible camera.

The association should adopt

a policy for who can view the

surveillance camera footage, such

as the board of directors, or the

management company. Associations

should also consider the privacy rights

that are reasonably expected by

members.

Also, criminals tend to commit

crimes in poorly lit areas; therefore, it

is the board’s duty to protect residents

by making sure the common area

has sufficient lighting. If prior criminal

activity has occurred on the property,

concerned homeowners often times

will request to place their own lighting

and/or monitoring devices within

their exclusive use areas. In this case,

the board should adopt architectural

guidelines to include lighting and

camera placement by the individual

homeowners, especially if past

problems exist.

More and more associations are

now budgeting for surveillance camera

usage in the common area. Since this

budgeted line item is not considered

a necessity, board members and

homeowners may be in disagreement

as to how much should be allocated to

monitoring the association. Therefore,

it is important that the board

understand the monitoring company’s

role and what the association is paying

for and communicate these facts to

the homeowners.

If associations have neighborhood

watch program, all volunteers

should have background checks

prior to involvement, and the

board must regularly check on the

activities performed. Due to recent

issues concerning the operation of

neighborhood watch programs in

community associations, consult with

legal counsel before organizing such a

committee.

Associations cannot guarantee

security, so residents must be

aware of their surroundings at all

time. Any unusual activity must

be communicated to the board,

community manager, or in some cases

to the proper authorities.

Susan Fakhouri, CMCA, AMS, PCAM, is the owner of Today’s HOA Consulting and Business Services.

More and more associations

are now budgeting for surveillance camera usage in the common

area.


CREATING A

Community GardenFOCUS

PacWest Painting has been San Diego’s trusted painting company for the past 9 years. Our team at PacWest Painting gives clients and potential customers the satisfaction they deserve with a reputation built around accountability and dedication. PacWest Painting provides interior/exterior painting

and wood repair of residential and commercial properties.From large scale multi-family community projects to cabinetry

and interior finishes, we offer a list of services that are affordable and sustainable. With testimonials from entrepreneurs, HOAs, and corporations, we stand behind our work and guarantee a stress free painting project experience.

How does the company instill a sense of team/camaraderie?Working as a family, no individual is above the team. Keeping each

other accountable on the jobsite.

How long have you been a CAI member?PacWest Painting has been a member of CAI for the past 4 years.

Please share the value that you receive from being a CAI member.Communicating, networking and sharing with other industry

professionals and seeing what homeowners and management companies are looking for in a painting contractor.

What is the most memorable moment or highlight for the Company?Painting the iconic “HOLLYWOOD” sign in Los Angeles, CA.

What advice would you would give to board members, community managers and industry professionals?

When selecting a painting contractor or any other service professional, pay close attention to which company gives the best customer service to the community and the management company. You are not their only client, but you should feel that way.

What is your top 5 forecast for the San Diego CID industry over the next 10 years?

Needed capital improvements vs. collected association dues will become more of a manageable battle then the war it has been for so long. The housing market has been making a slow but steady comeback since the crash that led to a rapid decline in home prices and record numbers of foreclosures and under water mortgages. We will again see more and more new CID construction over the next few years with the positive changes taking place in housing supply and demand. More than ever homeowners are seeking education and industry expertise which will only continue to strengthen the relationship between communities and quality service providers in the coming years.

Thank you to Pacific Western Painting for their ongoing support of CAI San Diego as a Gold Marketing Plan sponsor for 2014.

CAI-SAN DIEGO GOLD MARKETING PLAN MEMBER

Thank You to Our 2014 Reverse Trade

Show Sponsors

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Arborwell

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Pacific Backflow Co., Inc.



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Premier Roofing CA, Inc.

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31C O M M O N A S S E S S M E N T M A G A Z I N E | S U M M E R 2 0 1 4

ommunity gardens have

increased in popularity over the

past several years as people

have become more aware of

the positive economic and

environmental impact of locally grown

produce. Plus, they are also a good way to

get outside, meet your neighbors and have

fun. This growing trend has now begun to

surface in community associations in San

Diego.

Genesee Highlands Community

Association, located in the University City

neighborhood in San Diego, is one of

these communities. The board president at

Genesee Highlands said that the board had

been entertaining the idea of a community

garden, but was not sure how to implement

it.

The first hurdle was locating a spot in

the common area to place the community

garden. Although community gardens

can be created in all shapes and sizes,

many communities do not have much

land to spare. Also, some owners may find

community gardens to be unsightly, thus it

may be desirable to place the garden in an

inconspicuous place. These were not issues

at Genesee Highlands, where the common

area is quite large with much of it abutting

a canyon and out of sight. However, the

board was still concerned about access

to the garden and placing the garden too

close to the units because of the potential

increase in foot traffic.

After locating a place for garden, it

is recommended that your association

contact its legal counsel to review potential

legal issues that may arise. These issues

include who may use the garden, rules of

use, potential permitting issues, safety, and

liability concerns.

The community garden at Genesee

Highlands was designed to hold ten

individual plots to be used by ten owners.

Initially twenty-five owners applied for a

plot in the garden, so in order to determine

who could use the garden, the HOA

implemented a lottery system to assign

the ten available plots. The lottery drawing

was conducted during a board meeting

as an open and fair method of selecting

the owners. As a side benefit, the lottery

increased community participation. The

board had never seen so many people

attend a regular board meeting.

The people who were chosen were

granted a two-year temporary, non-

transferable, “right to use” the garden

and had to sign a contract which outlined

CREATING A

Community GardenC


BY TIMOTHY P. FLANAGAN, ESQ.


their limited right to use the garden.

A written contract is important for

both planned unit developments and

condominium associations to ensure

that the association retains control over

the common area and to define the

terms of use.

Additionally, the gardeners had to

sign a release and waiver of liability,

and had to agree to abide by the

community garden rules. These rules

included what can and cannot be

grown in the garden, what tools may

be used, hours the garden was open,

gardening etiquette, cleaning up and

storage of tools and other gardening

equipment.

Finally, the board needs to be aware

of potential costs of constructing and

maintaining the garden. For example,

the land may need to be cleared, and

may need to be fenced off to designate

its use as a garden. Also, the garden

and gardeners will need to have access

to water and possibly a place to store

gardening tools. These costs can be

absorbed by the community gardeners

themselves through an annual usage

fee.

The bottom line is that a community

garden can be a successful and fun

endeavor for a community association,

and may create a deeper sense

of community and environmental

awareness.

Timothy P. Flanagan is an associate attorney with Green, Bryant & French, LLP. Green Bryant & French, LLP represents community associations throughout Southern California.

CREATING A COMMUNITY GARDENContinued from page 31

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


Effective General Counsel

Successful Assessment Collection

• ADA & DEFH Compliance • Amendments to CC&Rs & Bylaws • Architectural Matters • Contracts & Insurance • Elections & Recalls • Employment Law • Legal Opinions

• Timely Status Reports • Responsive Paralegals • Collectibility Analysis • Judicial or Non-Judicial

Foreclosures • Money Judgment Lawsuits • Small Claims Assistance • Post Judgment Recovery

San Diego: 760.529.5211 • Fax 760.453.2194Orange County: 949 322 6838 • Fax 949 766 4712

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The Rise of E-Cigarettes To Smoke or Not to Smokeby Kyle Kruger

Recently, our management

company was asked to provide

input regarding the pros and cons of

electronic cigarettes (also referred

to as “e-cigs”). Those outside the

community association industry might

wonder “what do electronic vaporizers

have to do with homeowners

associations?” For many years,

community associations and managers

have been dealing with difficult

situations, discussions, and legal

issues associated with secondhand

smoke and cigarette use. Every legal

opinion our management company has

requested on the issue is 10 pages long

and has no clear cut solution on how

to resolve secondhand smoke issues.

First, let’s look at the positive

aspects of an electronic cigarette.

What the mainstream media calls

electronic “cigarettes” are not

cigarettes at all. They are electronic

vaporizers which atomize latent

moisture from the air to produce

water vapor. Sometimes referred

to as “vaping,” using electronic

vaporizers does not necessarily

include nicotine. Instead, they contain

vegetable glycerin, FDA approved

flavoring, and propylene glycol,

ingredients that are currently used

in everything from cake frosting to

asthma inhalers, as well as many oral,

topical and injectable medications.

The user, at his or her discretion, can

choose to add nicotine to the liquid.

According the FDA’s website (www.

fda.gov), some who choose not to add

nicotine to the electronic vaporizer find

that it has kept them from returning to

cigarettes.

According to an article written

by Adrian J. Adams and published

on davis-stirling.com, condominiums


Commit to working smarter, not harder.Turn over a new leaf and contact us today.

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To Smoke or Not to Smokeby Kyle Kruger

have shared walls, ceilings and floors

where cigarette smoke can drift into

adjoining units. The annoying odors

and carcinogens give associations a

solid basis for banning smoking inside

units, and many already have done so.

The bi-product of burning cigarettes

contains as many as 4,000 chemicals

and heavy metals, most of which are

known to cause cancer, stroke, heart

disease, and many other health issues

as well as emitting an offensive odor.

The odor and smoke carry through the

air and linger for long periods of time. Continued on page 36


Electronic vaporizers produce a

water vapor which evaporates quickly,

and currently, has not been proven

to contain any harmful chemicals

other than nicotine added by the end

user. The odor does not carry and

the water vapor does not linger. Any

secondhand vapor has a very limited

chance of traveling into another unit

before evaporating. If inhaled and

held in for a long period of time,

100% of the vapor is absorbed by the

user and no vapor is released when

the user exhales. Additionally, as a

result of the lack of the offensive odor

and smoke produced by cigarettes,

most users are more likely to use an

electronic vaporizer indoors further

minimizing the effect on neighboring

units. Banning e-cigs may be more

difficult to justify since they are

not a fire hazard and their vapors

may not create detectible odors in

THE RISE OF E-CIGARETTESContinued from page 35

Sonnenberg & Company, CPAsA Professional Corporation

5190 Governor Drive #201 San Diego, CA 92122Phone: (858) 457-5252 Fax: (858) 457-2211

Specializing in Community Associations for 40 years

We have performed over 8,000 audits/reviews and 6,000 reserve studies, workingwith almost 100 management companies throughout California.

• Audits, Reviews & Compilations - Per the AICPA Audit & AccountingGuide for CIRAs. Each audit is supplemented by a Financial Advisory Letter for the Board and Management.

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www.sonnenbergcpas.com

adjoining units or cause harm to

neighbors.

Despite the difference from

cigarettes, government entities are

taking steps to prohibit use of e-cigs

in public places. Several cities in San

Diego County, such as Carlsbad and El

Cajon, have banned the use of e-cigs.

Carlsbad prohibits e-cigs from being

used in places where smoking of pipes,

cigars and cigarettes are banned by

federal, state and local law. According

to documentation provided to the

Carlsbad City Council in support of

the ban, the reasons for banning the

devices include concern that the use of

e-cigs in locations where other types

of cigarettes, pipes and cigars are

prohibited could cause confusion and

uncertainty and make it more difficult

to enforce bans on smoking. Other

reasons are health concerns, the desire

to promote a smoke-free environment

and concerns that e-cigs may serve as

an introduction to smoking to younger

consumers due to the added colors

and candy-like flavoring.

As with any new product, additional

testing is needed and further research

will define the future of the e-cig

industry. However, for now, associations

will need to research the issue and

determine whether e-cigs are a

safer, inoffensive alternative that will

cause less resident complaints than

cigarettes.

Kyle Kruger is a community manager at Lindsay Management.

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


On Saturday, July 12,

2014 from 9:00 am

- 12:00 pm members

of CAI San Diego will

be teaming up with

Feeding America to

bring meals to needy San Diego families.

460,000 San Diegans don’t know where their next

meal is coming from. Feeding America leads in the fight

against hunger by distributing 1.5 million pounds of fresh,

nutritious food to disadvantaged children, families, seniors

and homeless in our community. Feeding America San Diego

relies on volunteers to help serve 437,500 different people

annually and 73,200 in any given week.

Organized by CAI-San Diego’s Marketing/Public Relations

committee, CAI members, family and friends will gather

at Feeding America’s warehouse to sort, clean, bag and

box food before it is distributed to disadvantaged families

throughout our community. Pastries and coffee will be

provided to volunteers in the morning and lunch will be

served at noon.

Don’t miss this great opportunity to make a difference

in our community while getting to know your fellow CAI

members! Sign up today by contacting the Chapter office

at 619.299.1376 or download the flyer at www.cai-sd.org. The

first 50 to respond will receive a free t-shirt at the event! We

hope to see you there!

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CAI Gives Back!Help CAI as we team up with Feeding America to bring meals to needy San Diego families!

Thank You to Our March 2014

CID Law Seminar Sponsors

Berg Insurance Agency


Epsten Grinnell & Howell, APC

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ACCOUNTANTSSonnenberg & CompanyLeonard Sonnenberg ............... 858-457-5252 fax 858-457-2211 [email protected] www.sonnenbergcpas.com Please see our ad on page 36

Michael J. FerraraMichael Ferrara ........................ 619-698-4291 fax 619-698-3937 [email protected] Please see our ad on page 39

ASPHALT REPAIR/PAVINGAMS PavingLiz WIlliams ............................... 800-357-0711 fax 888-357-0715 [email protected] www.amspaving.com Please see our ad on page 26

ATTORNEYSCommunity Legal Advisors Inc.Madeline Orey ........................ 760-529-5211 fax 760-453-2194 [email protected] www.AttorneyforHOA.com Please see our ad on page 33

Epsten Grinnell & Howell, APCJon H. Epsten, Esq. ................ 858-527-0111 fax 858-527-1531 [email protected] www.epsten.com Please see our ad on page 19

Greco Traficante Schulz & Brick, APCPeter Schulz, Esq. .................... 619-234-3660 fax 619-234-0626 [email protected] www.gtlaw.cc Please see our ad on page 5

Kriger Law FirmJanet Wilcox. ........................... 619-589-8800 fax 619-589-2680 [email protected] www.KrigerLawFirm.com Please see our ad on page 15

ATTORNEYS CONTINUEDLaw Offices of Richard SalpietraRick Salpietra, Esq. .................. 858-756-2233 fax 858-759-9938 [email protected] www.salpietra.com Please see our ad on page 25

BACKFLOWPacific Backflow Company, Inc.Bill Coulter ............................... 800-603-4467 fax 760-639-4005 [email protected] www.pacificbackflow.com Please see our ad on page 27

COMMUNITY ASSOCIATION MANAGEMENTAssociated Professional ServicesNeal Chazin .....................619-299-6899 x101 fax 619-299-8242 [email protected] www.apsmanagement.com Please see our ad on page 36

Curtis Management Company, Inc.Patrick S. Campbell, CCAM ...... 877-587-9844 fax 858-587-9972 [email protected] www.curtismanagement.com Please see our ad on page 15

Walters ManagementJoe Farinelli, PCAM ................. 858-495-0900 fax 858-495-0909 [email protected] www.waltersmanagement.com Please see our ad on page 13

ELECTION & VOTING SERVICESIntelliVoteRick Salpietra, Esq. ................... 858-759-8855 fax 858-759-9938 [email protected] www.IntelliVote.net Please see our ad on page 23

FENCING/GATESGB’s Fence Co.George Castro .......................... 619-585-1184 fax 619-575-1606 [email protected] Please see our ad on page 9

FINANCIAL SERVICESMutual of Omaha Bank / CondoCertsBrendan Concannon ................ 619-961-6346 fax 888-493-1973 [email protected] www.mutualofomahabank.com Please see our ad on page 9

Pacific Western BankSusan Abubo ............................ 760-432-1335 fax 760-432-1339 [email protected] www.pwbonline.com Please see our ad on page 33

Popular Association BankingLarry Hooper ............................. 714-864-5171 fax 714-864-5190 [email protected] www.bpop.com Please see our ad on page 13

Union Bank HOA ServicesTracy Stephens ......................... 866-210-2333 fax 866-401-2911 [email protected] HOAbankers.com/Smartstreet.com Please see our ad on page 23

INSURANCEBerg Insurance AgencyKimberly Lilley, CMCA, CIRMS 800-989-7990 ext. 230 fax 949-540-0218 [email protected] www.BergInsurance.com Please see our ad on page 32

LANDSCAPE MAINTENANCE and/or CONSTRUCTIONPacific Green Landscape, Inc.Stephanie Lundstrom .............. 619-390-9962 fax 619-390-0865 [email protected] www.pacificgreenlandscape.com Please see our ad on page 35

Steven Smith LandscapeGigi Golden-Smith ................... 760-745-9916 fax 760-745-1982 [email protected] www.stevensmithlandscape.com Please see our ad on page 32

Display advertisers receive a complimentary listing in the Service Directory.

Service Directory


�� Reviews & Audits �� Taxes �� Reserve Study Updates�� Budgets

2340 Tampa Avenue • Suite CEl Cajon, CA 92020619 698-4291email: [email protected]

MICHAEL J. FERRARACertified Public Accountant

Palomar Professional Building615 Aldwych Road • El Cajon, CA 92020

619/ 444-6065

American Institute of CPAs

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PAINTING CONTRACTORSPacific Western Commercial & Residential PaintingTony Hady ................................. 760-468-3933 fax 760-645-7200 [email protected] www.pacwestpainting.com Please see our ad on page 33

PEST CONTROLMt. Helix Pest & Termite ControlRobert Bacon ............................ 619-584-6794 fax 619-584-3864 [email protected] www.mthelixpestcontrol.com Please see our ad on page 39

Payne Pest ManagementJason Payne .............................. 858-277-2228 fax 858-277-2212 [email protected] www.paynepestmgmt.com Please see our ad on page 5

ROOFINGPremier Roofing CA, Inc.Sid Scott .................................... 619-667-4565 fax 619-667-1281 [email protected] www.premierroofingca.com Please see our ad on page 37

SECURITY SERVICESBald Eagle SecurityDmitriy Todorov ........................ 619-230-0022 fax 619-230-6610 [email protected] www.baldeaglesecurity.com Please see our ad on page 27

TOWINGWestern TowingKathy Tighe ............................... 619-297-8697 fax 619-296-2822 [email protected] www.westerntowing.com Please see our ad on page 35

WATER SUBMETERINGCalifornia Sub-Meters Robert Anaya ............................ 858-571-8999 fax 858-571-4470 [email protected] www.calsubmeter.com Please see our ad on page 18

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REGISTER and SAVE!

Only CAI members get discounted pricing for events

and educational opportunities. Don’t miss out! If you haven’t created a new user name and password for CAI-San Diego’s

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108

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MarketingPlan Members

2014 CAI SAN DIEGO

PLA

TIN

UM

Mt. Helix Pest & Termite Control, Inc.

The Naumann Law Firm



PrimeCo Painting & Construction

ProTec Building Services

RSI Roofing


Seacoast Commerce Bank

The Termite Guy

Union Bank HOA Services

Western Towing

AMS Paving

American Technologies, Inc.

Animal Pest Management

Arborwell

Berg Insurance Agency


EmpireWorks Reconstruction and Painting


IntelliVote

Kriger Law Firm

LaBahn’s Landscaping

Landcare Logic

BR

ON

ZE

GO

LD

AV Builder CorpPacific Western BankPacific Western Painting

Popular Association BankPremier Roofing CA, Inc.Rayco Painting

common assessment – april, may, june 2014

Documents

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