Third Quarter 2014 - CAI Channel Islands Chapter

Serving Ventura, Santa Barbara, San Luis Obispo and Kern Counties
THIRD QUARTER 2014
The Official Publication of
Recall Me Now
IN THIS ISSUE...
Requiring Equal Access
For Opposing Viewpoints
Elections: Is Your
Association Prepared?
CAI-CLAC: The latest
From Sacramento
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contents
Channels of
Serving Ventura, Santa Barbara, San Luis Obispo and Kern Counties
kert
s
A
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the
Page 16
Your Chapter
Page 6
Chapter Happenings
5 President’s Message
20 Holliday Happy Hour
10 Thank You To Our Community Faire
Sponsors and Exhibitors
21 Legistlative Update
12 CAI Dinner Program
24 Calendar of Events
13 Manager’s Program
Resources
14 Chapter Luncheon, August 26
15 Chapter Luncheon, September 23
27 Advertising with the Chapter
22 Chapter Sponsors
27 Business Partners
23 CLAC Moment, September 2014
29 Classified Directory/Advertisers
24 News / Trends / Ideas
Special Features
6 Ask the Expert: Recall Me Now
8 Requiring Equal Access for
Opposing Viewpoints
16 Elections: Is Your Association
Prepared?
Channels of Communication is a quarterly
publication of the Channel Islands Chapter of
Community Associations Institute prepared
expressly for Association leaders, managers
and other related community association
professionals. This publication is designed to
provide accurate and authoritative information in
regard to the subject matter covered. It is issued
with the understanding that the publisher is not
engaged in rendering legal, accounting or other
professional services. If legal advice or other
expert assistance is required, the services of a
competent professional should be sought.
The views expressed and the accuracy of
Page 8
the facts presented in Channels of Communication
are those of the authors and are not necessarily
endorsed by CAI or the Publications Committee.
Authors are encouraged to submit articles for
publishing consideration.
Acceptance of advertising in Channels
of Communication does not constitute an
endorsement of the advertised products or services
by CAI. Permission to reprint articles is hereby
granted provided:
1) Notice is given to CAI at 805-658-1438.
2) Proper credit is given as follows: “Reprinted from
Channels of Communication; copyright by CAI,
Channel Islands Chapter, all rights reserved.”
CAI - CHANNEL ISLANDS CHAPTER
P. O. Box 3575, Ventura, CA 93006
(805) 658-1438 • Fax (805) 658-1732
Leah Ross - Executive Director
leah@cai-channelislands.org
The Channel Islands Chapter of Community
Associations Institute is dedicated to
empowering Homeowner Association
members, managers and service providers
through information and educational
opportunities.
THIRD QUARTER 2014
www.cai-channelislands.org 3
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4
Channels of Communication THIRD QUARTER 2014
CHAPTER OFFICERS
& DIRECTORS
president’s message
PRESIDENT
Teresa Agnew
Roseman & Associates, APC
PRESIDENT ELECT
Sue Bartley
Sherwin-Williams Paint
VICE PRESIDENT
Jeff Beaumont, Esq.
Teresa Agnew
Roseman & Associates, APC
Beaumont Gitlin Tashjian
SECRETARY
Marilyn DeAngelo, CMCA, AMS
Seminole Springs
TREASURER
Gordon Miller
General Pavement Management
DIRECTORS
Kimberly Carr, PCAM, AMS, CMCA
Summus Association Management, AAMC
Tom Hunt
Los Robles Estates
Linda Kaplan
Anacapa View Homes
Martha Kellerhof
Carefree Living Association
Michelle McCracken, CMCA
Management Association Consultants
Tracy R. Neal, Esq.
Association Lien Services
Karen Posada
KLP Management
Judy Remley
Union Bank Associations Services
Robert Scheaffer, CMCA, AMS, LSM, PCAM
Leisure Village Association
Danita L. Vaughn, PCAM, AMS, CMCA
Concord Consulting & Association Services
COMMITTEE CHAIRS
BYLAWS
Kelton ‘Lee’ Gibson, Esq.
Myers, Widders, Gibson, Jones & Feingold, LLP
CHANNELS OF COMMUNICATION
Colleen Scott, CMCA, AMS
Anchor Community Management
CLAC
Lisa Ann Rea, Mutual of Omaha Bank
EXPO & CONFERENCE
Alan Denison, Stay Green Inc.
Mary Neubauer, CCAM
The Management Trust-Transpacific
FINANCIAL
Christy Asher, Spectrum Property Services
Gordon Miller, General Pavement Management
LUNCHEON PROGRAMS
Ruth Campbell, CCAM
CID Management Solutions
Carol Stephenson, PCAM
Integrity Management Group
MANAGERS PROGRAMS
Ruth Cederstrom, PCAM, CCAM
Concord Consulting & Association Services, Inc.
Sascha Macias, CMCA, AMS
FirstService Residential
MARKETING
Kimberly Carr, CMCA, PCAM
Summus Association Management, AAMC
MEMBERSHIP
Judy Remley, Union Bank Associations Services
PROCEDURES
Scott Hunter, Esq., Hunter Law Firm
PUBLICITY / PHOTO
William S. Dunlevy, Esq.
Law offices of William S. Dunlevy, Esq.
WORKSHOPS – PISMO BEACH
Donald Martin
The Management Trust – Goetz Manderley
“MOMENTUM IS IN THE AIR”
Momentum is defined as “The strength that allows something to continue to grow
stronger as time passes.” And I can’t think of a better word to describe the Chapter as
we have seen the momentum continue to build especially over the last few months. The
educational dinner programs were reintroduced this last summer and they surpassed our
expectations as we averaged (110) attendees at each program. And because of the support
of our Business Partner members, we were able to offer these programs for free to our
manager, board member and homeowner members. Our August Luncheon attendance
was over (150) and we have to say a big “Thank you” to our Luncheon Committee for
an outstanding, interactive and engaging Program where attendees had the opportunity
to answer questions using voting devices and walked away with some practical tools
and guidance on how to avoid “HOA pitfalls”. After all of these programs, we heard our
members repeatedly say, “such an amazing and innovative program, such warm and
friendly people and great energy in this chapter”. These are signs and acknowledgment our
chapter is experiencing some positive forward momentum!
Over the summer, we also reached and surpassed the 500 member mark, achieving the
large chapter status. This is attributed to the meaningful contributions of our volunteers,
Board of Directors and Executive Director. And many thanks to our committee Co-Chairs,
Committee Members, and our program speakers, who unselfishly continue to volunteer
their expertise and embrace our chapter vision.
The change of weather brings new leadership to our chapter, and we are excited to
welcome our new CLAC Liaison, Jasmine Fisher, Esq. She will also serve as chair of our
Legislative Support Committee in addition to her liaison position. Several educational
programs are in the planning stages such as our annual Legislative Update Luncheon on
November 18th presented by our CLAC delegates, Jeff Beaumont, Esq., Steven Roseman,
Esq. and our Sacramento representative, Skip Daum. We have our upcoming “Harvest
Wine Festival and Community Faire” which will be held this year at the Westlake Village
Inn on October 30th offering two educational tracks, one for community managers and
one for board members. Together with the seven other California chapters, we will co-host
the Statewide Legal Forum, held in San Diego. This one day conference for California
community managers and association board members offers critical updates on important
legal issues that face HOA’s.
Education… we cannot emphasize its value enough. Our chapter is hosting an M-100
course this November. For those community managers who wish to obtain their (CMCA)
Certified Manager of Community Associations certification, we encourage you to take the
M-100 Course as the Chapter’s Board of Directors is committed to our manager member’s
education and has established a rebate program to assist with the costs. Limited rebates are
available so call the Chapter Office at 805-658-1438 for more information.
In closing, I found this quote, and thought it was appropriate to share, “If everyone is
moving forward together, then success takes cares of itself” - Henry Ford. I look forward
to working with everyone these next few months, and seeing you at our upcoming events.
Please know that our Board of Directors, our Executive Director and myself are here to
serve you, our members, and make the most of your membership. As always, feel free to
drop me a line or say hello at our events.
Best,
Teresa Agnew
Teresa Agnew
CAI-Channel Islands Chapter President
THIRD QUARTER 2014
www.cai-channelislands.org 5
k
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Recall Me Now
By Brian D. Moreno, Esq.
Richardson Harman Ober PC
T
he hilarious 125th episode of Seinfeld, “The Cadillac,
Part 2,” involved the fictitious Del Boca Vista
community association, which was dealing with
whether Jerry Seinfeld’s father Morty should be recalled
from the board. Morty relied on fellow board member Mabel
Choate to save him. However, right before she was about
to vote in his favor, she remembered an incident when Jerry
stole her marble rye bread and called her an “old bag.”
Mabel changed her mind and voted to recall Morty.
Occasionally, as with this Seinfeld episode, feelings, personal politics and egos can override all logic and reason and
be the driving force for meritless recall efforts in community
associations. The recall process can be used as a tool to get
back at or start a war with the board.
However, recalls are more commonly sought for legitimate
reasons—unrelated to name-calling and rye bread theft.
Recalls can be sought, for example, due to trust issues, differing visions for a community and a lack of transparency.
That’s why the ability to recall board members is an invaluable right; it keeps the current board honest and protects
communities from possible mismanagement, fraud or worse.
Even though they are vital, recalls can be devastating—both financially and psychologically—and community
associations have a huge incentive to prevent them from
happening.
Recalls can be a big slap in the face to volunteer board
members who are trying to serve the good of the community. They also affect managers, the members, the association attorney and association vendors. In some cases, they
can lead to extensive litigation that costs thousands upon
thousands of dollars. In rare cases, recalls even can lead to
physical violence.
So can community association boards do anything to be
more diplomatic, restore confidence and prevent the recall
process from ever starting? Absolutely.
Board members always will be susceptible to removal
for illegitimate reasons, but they can decrease the likelihood
by listening to owners and by acting appropriately, openly,
honestly and in the best interests of the entire community.
6
Channels of Communication THIRD QUARTER 2014
TRANSPARENCY
Community members need to be reassured that the board
isn’t playing “hide the ball.” Members who believe the board
is concealing information will be much more inclined to seek
redress and find a slate of board members they can trust.
In most states, a board may only act during open meetings. Even boards in states that don’t require open meetings
(e.g., South Carolina) should act openly. Except for litigation, disciplinary matters or other issues that warrant closed
sessions, all meetings should be open. Boards also should
disclose their actions to the membership. Unless the board
has a good reason to keep a discussion private, all information should be revealed.
For example, when interviewing prospective vendors,
consider holding the interviews during open session. Only
contract negotiation and pricing need to be conducted in
executive session. This gives owners an opportunity to
provide feedback about vendors and become part of the
selection process.
Associations also should consider communicating
with members in a variety of ways—newsletters, websites,
meeting minutes, fliers and more. These efforts help foster a
more cohesive and informed community.
OPEN UP
Open forum, regardless of whether required by state law or
governing documents, should be utilized at every open board
meeting, either at the start, end or both. Allowing members
to speak may extend the duration of the meeting, but the
benefits derived from the process far outweigh any delay.
However, boards should not tolerate abuse of the open
forum and should consider implementing formal rules that
govern the conduct of owners who wish to speak. Adopt
restrictions that prohibit profane or obscene language;
racial, ethnic, gender, religious or age-based slurs; shouting
or yelling; physical threats; and disruptive behavior that
impedes the board’s ability to conduct deliberations. The
rules also should provide the board the power to impose
sanctions, which may include exclusion of a violator from
one or more meetings.
ask the expert
The board should be attentive observers during open
forum. It can be extremely insightful and revealing to hear
the thoughts and ideas of members who may not agree
with the board’s path or may be disappointed with previous
decisions. Take note of the criticisms and, if appropriate, seek
to address them at future meetings or create a committee to
respond. This step demonstrates respect and attentiveness to
members’ concerns.
If members feel they are being respected, listened to and
appreciated, they’ll be less likely to initiate a recall.
INPUT BEFORE APPROVAL
Politicians frequently use polls to stay current on the opinions
of the voting public. Board members should consider
adopting the same approach to issues that may become
controversial.
Association boards should have a strong sense of
MAJORITY RULES
Fortunately or unfortunately, the majority rules in a
community association. That is, for the most part, a majority
of the membership controls how the community’s affairs are
handled. If a majority supports a special assessment, it likely
will pass. If a majority doesn’t like the way the current board
is managing the community, then it can recall the board or
vote for new members at the next election.
If a community association is confronted with a controversial issue, it behooves the board to pay attention to the
majority’s views. The board is certainly within its rights to go
against the majority and vote according to what it perceives
the best course of action to be, but it should at least recognize other viewpoints. That alone improves the perception of
the board.
While it’s not possible to avoid all recall attempts, boards
If members feel they are being respected, listened to and
appreciated, they’ll be less likely to initiate a recall.
community opinion or attitude on important issues before
making decisions. In this regard, boards should consider
distributing non-binding surveys on key issues.
The surveys allow the board to assess support, dissent and
why members feel the way they do. Getting this feedback
can help guide board decisions. The surveys might reveal
new ideas too.
Oftentimes, the source of a recall can be a recently
enacted rule that takes away rights or imposes significant
restrictions. Traditionally, the board has the power to
unilaterally enact rules and regulations as long as they
don’t conflict with the CC&Rs or bylaws. However, if the
proposed rule change is significant, don’t ignore member
input.
In California, all proposed rule changes must be
seen and commented on by the membership. This notice
informs members a new rule is coming and gives them
an opportunity to determine what they may need to do to
comply. The review period also might persuade the board
to modify the rule.
can take solace in knowing that acting appropriately and
being respectful to homeowners should reduce acrimony.
For communities with board members who act in a
disrespectful manner, hide information, make decisions
in secret or unilaterally, the recall process is vital. It may
be one of the only ways disappointed owners can keep a
group of otherwise stubborn board members honest and
on task.
At the end of the day, board members need to conduct themselves properly and in the best interests of the
entire community. They also should make sure their children don’t steal bread from fellow board members.
Brian D. Moreno, Esq. of
Richardson Harman Ober
PC, which serves Costa Mesa,
Pasadena and Riverside, has 10
years of experience in the industry,
representing CIDs and working in
real estate litigation.
© All Rights Reserved [Reprinted with permission from Common Ground™ Magazine, July/August 2013]
The stress and potential financial devastation of recall elections can be avoided altogether — if your board acts openly, honestly and in the community’s best interests.
THIRD QUARTER 2014
www.cai-channelislands.org 7
Requiring
Equal Access for
Opposing Viewpoints
By Cyrus Koochek, Esq.
Associate Attorney, SwedelsonGottlieb
Community Association Attorneys
8
Channels of Communication THIRD QUARTER 2014
E
very board of directors for every condo or
homeowners association has been there; the
board wants to do something that it should be
“obvious” that the association needs, such as a needed
capital improvement to the common area, or an important
amendment to the CC&Rs, but cannot muster up the
required amount of homeowner votes to approve this
“obvious” need. Whether this failure of approval results from
the homeowners’ true opposition to the proposed change
or whether it stems from owner apathy, a recent California
court decision has made it clear that when the board
advocates for votes for the approval of whatever is on the
ballot, the board is a candidate, and as such, must provide
equal access to media and the common area for others to
advocate their positions on the ballot measure.
On June 26, 2013, the California Court of Appeal (4th
Appellate District) filed its decision in Wittenberg v.
Beachwalk Homeowners Association holding that the board
of directors of the Beachwalk Homeowners Association
violated California Civil Code Sections 1363.03(a)(1) and
1363.03(a)(2), which state that association media (website,
newsletters, etc.) and common areas (areas where notices
are posted, etc.), respectively, must be equally accessible to
all members during a campaign as long as any one member
advocating a point of view is provided access to such media
or common areas. Based on the court’s interpretation of
these Civil Code sections, all boards must be extremely
mindful of their actions during an election or voting process.
Frankly, we at SwedelsonGottlieb did not need the Court to
tell us these things, but apparently there were some attorneys
and board members out there that did not see that when they
were advocating a position as part of a balloting process that
they needed to give equal access to those that were opposed
to the board’s position. Now the law is clear on this issue.
Follow this link to read more about this new Court of Appeal
decision and how it may impact your California condo,
planned development or stock cooperative community
association.
ln Wittenberg, the board in question made repeated efforts
to pass an amendment to the association’s CC&Rs. The
board, through the association’s website and newsletters,
made it clear to all members that it would continue to
conduct elections one after another until the vote passed,
and that members were “encouraged to vote yes for [the]
amendment.” ln the end, after the third election on the
proposed amendment, the amendment was approved;
however, the board’s actions during the first two failed
elections were called into question. During those two
elections, three different homeowners, whose viewpoints
opposed the board’s view, asked to use association media
and common area to publish an article, hold a town hall
meeting at the clubhouse, and stage a political rally in the
common area. All were denied, or not granted access
without charge, which is prohibited under the Civil Code.
The association’s attorney acknowledged that the board did
not provide the required equal access, but argued that 1) the
board is not a “candidate or member” that was advocating
a point of view within the meaning of the statute and 2) the
violations did not occur during the third campaign, which is
the election homeowners were trying to overturn. The court
disagreed with the association’s arguments unequivocally.
The court first held that there is no language in the statute
differentiating a board of directors from other candidates or
members. All board members, pursuant to the association’s
governing documents, are required to be members, and as a
result, the court found that as long as association media was
used, it was irrelevant whether the views of the board were
expressed as personal views or collective views. Quite
simply, board members are members, and are treated as
such unless state statute specifically applies only to board
members. The court also found it obvious that encouraging
members to pass an amendment, and doing so repeatedly
until the amendment passed, rose to the level of advocating
a point of view. Perhaps most noteworthy in this case was
the court’s rationale for why the board’s actions from the
first two elections could still be used to overturn the third
election in which the amendment was finally approved.
The court held that the board’s actions were so continuous
and connected that all three elections should effectively be
considered one extended campaign and election for purposes
of the statute. The board sent out newsletters and posted on
the association’s website for all of the elections, essentially
repeating their stance that all members should vote yes for
the passing of the amendment. According to the court, the
board “threatened to, and did, hold multiple elections in
short succession until the amendment passed,” and tied
the first two elections to the third by warning the members
during the third election that the vote already failed twice and
must continue to go on. This was enough for the court to
consider all three elections, and their respective campaigns,
as one. This interpretation should put all boards on notice
(Continued on page 11)
THIRD QUARTER 2014
www.cai-channelislands.org 9
CAI-Channel Islands Chapter’s
FESTIVAL
IRE
ITY FA
N
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&C
Thursday, October 30, 2014 • 4pm
The Westlake Village Inn, 31943 Agoura Road
THANK YOU TO OUR SPONSORS
—Event Sponsors—
Animal & Insect Pest Manage ment, Inc.
Your Complete Pest Control Company
—Grand Prize Sponsor—
—Exhibit Hall Sponsors—
—Tote Bag Sponsor—
TM
Reconstruction and Painting
For Professional Landscape Services
THANK YOU TO OUR COMMUNITY FAIRE EXHIBITORS
A.Albright Painting
American Heritage Landscape
American Technologies, Inc.
Animal & Insect Pest Management, Inc.
Aqua Creations
Archon Protection
ASR Construction
Association Lien Services
Association Reserves, Inc.
Austin’s Painting
Beaumont Gitlin Tashjian
CAM Service
Camarillo Pool Service
Critter Busters
Design Build Associates
Dunn-Edwards Paint
Empire Painting & Reconstrucion
Enhanced Landscape Management
Fenceworks, Inc.
Fenton, Grant, Mayfield, Kaneda & Litt, LLP
Ferris Painting, Inc.
General Pavement Management
Gothic Grounds Management
J.T. Harris Inc.
Jimenez & Company
Mutual of Omaha Bank
Myers, Widders, Gibson, Jones & Feingold, LLP
Oakridge Landscape
Oaks Security
Pacific Western Bank
Plowboy Landscapes Inc.
Premier Commercial Painting
Reserve Studies, Inc.
Roseman & Associates, APC
Santa Barbara Painting
SBS Lien Services
Select Painting
Sherwin-Williams Paint
State Restoration, Inc.
Stay Green, Inc.
Steve Reich Insurance Agency, Inc.
Stonemark Construction Management
Timothy Cline Insurance Agency, Inc.
Union Bank Associations Services
Ventura Pest Control
Vista Paint
Event recap and photos coming
in the next Channels issue
that if they don’t comply with the governing documents or
applicable laws at all times, a board’s past actions can have
an impact on subsequent board dealings.
A board’s fiduciary duty is the single most important aspect
of its governance of an association. A major part of this duty
includes a board’s compliance, on behalf of the association,
with governing documents and all applicable law. In
Wittenberg, the court effectively held that the board tried
to manipulate the objective voting and elections process by
trying to influence voters with their advocacy and not allow
members with opposing viewpoints to equally access the
association media, which undoubtedly has a further reach
than anything a member could do on his or her own.
Community associations are often called mini-governments
because of the similarities in governance and democratic
procedures, and because they make and enforce the
association’s rules and governing documents. In light of this,
laws are enacted to maintain such balance and transparency.
The court in Wittenberg has made it clear that permitting
the board’s actions would have given the board too much
power to advocate for its opinions and would have rewarded
the board for denying an equal voice to “the people,” in this
case, the other association members. Boards must be very
careful in how they approach elections, and they should
consult with legal counsel to avoid making mistakes. A board
can always feel free to propose changes and conduct its
elections, but after this decision, a board can’t say it isn’t on
notice of how careful it should be when doing so.
This article was prepared by Cyrus Koochek, a Community
Association Attorney at SwedelsonGottlieb. The article was edited by
firm Senior Partner David Swedelson.
Cyrus Koochek is an associate
attorney at SwedelsonGottlieb.
Cyrus is primarily involved
with providing assistance
to associations in all areas
of corporate counsel and
transactional work, which
includes drafting corporate and
community association related
documents, amending and restating governing
documents, negotiating and drafting vendor and
third party contracts, and analyzing state and
federal laws and governing documents for boards
and associations. Cyrus is currently a member of the
Programs Committee of the Orange County Chapter
of the Community Associations Institute (CAI).
THIRD QUARTER 2014
www.cai-channelislands.org 11
CAI Dinner Program
Program:
“Law & Order: Successfully Implementing Rules in Your Community”
August 7
September 4
THOUSAND OAKS
Los Robles Greens
PISMO BEACH
The Ventana Grill
Program Sponsors:
Program Sponsors:
Austin’s Painting
Beaumont Gitlin Tashjian
General Pavement
Management
Nautilus General Contractors
Pacific Western Bank
SBS Lien Services
Sherwin-Williams Paint
Austin’s Painting
General Pavement
Management
Pacific Western Bank
Sherwin-Williams Paint
Stay Green, Inc.
Program Speakers:
Ruth Campbell, CCAM, CID Management Solutions, Inc.
Steven A. Roseman, Esq., Roseman & Associations, APC
12
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THIRD QUARTER 2014
Managers’ Program
Program:
“Everything You Wanted to Ask An Attorney But Your Board Wouldn’t Let You”
August 12
Program Speakers:
Sandra L. Gottlieb, Esq.
SwedelsonGottlieb
Len Siegel, Esq.
Kulik, Gottesman & Siegel
Thank you to our Program Sponsors:
Animal & Insect Pest Management, Inc.
ASR Construction
Beaumont Gitlin Tashjian
General Pavement Management
Myers, Widders, Gibson, Jones & Feingold, LLP
Pacific Western Bank
Santa Barbara Painting
Sherwin-Williams Paint
Stay Green, Inc.
Steve Reich Insurance Agency, Inc.
Sandra L. Gottlieb, Esq., SwedelsonGottlieb
with Chapter President, Teresa Agnew,
Roseman & Associates, APC
Len Siegel, Esq., Kulik, Gottesman & Siegel and
Sandra L. Gottlieb, Esq., SwedelsonGottlieb
THIRD QUARTER 2014
www.cai-channelislands.org
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Chapter Luncheon
Program: “HOA Stories: Truth is Stranger Than Fiction”
The Courtyard Marriott, Oxnard
August 26
Program Speakers:
Sue Bartley, Sherwin-Williams Paint
Donalea Bauer, Lordon Management
Alan Denison, Stay Green, Inc.
William S. Dunlevy, Esq.
Law Offices of William S. Dunlevy
Kirk Prouse, ASR Construction
Steve Reich
Steve Reich Insurance Agency, Inc.
Margaret Townsend
Animal & Insect Pest Management
Les Weinberg, Reserve Studies, Inc.
Thank you to our Program Sponsors:
Aqua Creations
Archon Protection, Inc.
ASR Construction
Austin’s Painting
Behr Paint/The Home Depot USA
CAM Services
DuraMax Building Products
Fenceworks, Inc.
Ferris Painting, Inc.
McKay’s Painting
Program Moderator:
Ryan Gesell, CIRMS
Timothy Cline Insurance Agency, Inc.
Pacific Western Bank
SBS Lien Services
State Restoration, Inc.
Stay Green, Inc.
Steve D. Reich Insurance Agency, Inc.
Timothy Cline Insurance Agency, Inc.
Ventura Pest Control
Danita L. Vaughn, Judy Remley, Sammie
Needham & Marilyn DeAngelo
August Program Speakers
14
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THIRD QUARTER 2014
Chapter Luncheon
Program: “The Collection Process: A to Z”
Luncheon at Los Robles Greens, Thousand Oaks
September 23
Program Speakers:
Tracy Neal, Esq.
Association Lien Services
Karen Kokowicz, CCAM, CMCA, PCAM
Coro Community Management & Consulting
Program Sponsors:
Animal & Insect Pest Management, Inc.
Aqua Creations
Behr Paint/THE HOME DEPOT USA
Cornwall Security Services
Critter Busters, Inc.
Law Offices of Michael A. Hearn
McKay’s Painting
Pacific Western Bank
Poindexter & Company, CPA
Santa Barbara Painting
SBS Lien Services
Seacoast Commerce Bank
Sherwin-Williams Paint
Stay Green, Inc.
Union Bank Homeowners
Association Services
Vista Paint
Witkin & Neal Inc.
THIRD QUARTER 2014
www.cai-channelislands.org
i h
li l d
15
Elections
Is Your Association Prepared?
By William S. Dunlevy, Esq.
Law Offices of William S. Dunlevy
16
Channels of Communication THIRD QUARTER 2014
W
e are entering the time of year when many
associations will be conducting their annual
elections for directors. Coincidentally, we are also
fast approaching the general elections. Both of these items
can have significant impacts for your association. Is your
association prepared? This article will discuss some things
you should know about the law regarding elections and
associations.
Adoption of Election Rules. Has your association adopted
election rules? If not, your association is currently in
violation of California law. Civil Code section 5105 requires
all California community association to adopt election rules
that do all of the following:
1. Ensure that any candidate or member advocating a
point of view is provided access to association media,
newsletters, or Internet Web sites during a campaign.
The association may not edit or redact any of the content
from items posted by the candidates or members, but
may include a statement specifying that the candidate or
member, and not the association, is responsible for that
content.
2. Ensure access to any common area meeting space,
during the campaign, at no cost, to all candidates,
including those who are not incumbents, and to all
members advocating a point of view, whether or not the
association supports the views of such members.
3. Specify the qualifications for candidates for the board
and any other elected position, and procedures for
the nomination of candidates, consistent with the
association’s governing documents. Any member must
be allowed to nominate himself or herself for election to
the board of directors.
4. Specify the qualifications for voting, the voting power of
each membership, the authenticity, validity, and effect of
proxies, and the voting period for elections, including the
times at which polls will open and close, consistent with
the governing documents.
5. Specify a method of selecting one or three independent
third parties as inspector or inspectors of election, by
either (1) appointment of the inspector(s) by the board,
(2) election of the inspector(s) by the members of the
association, or (3) any other method of selecting the
inspector(s).
6. Allow the inspector(s) to appoint and oversee additional
persons to verify the signatures and to count and tabulate
votes as the inspector(s) deem appropriate, provided that
the persons are “independent third parties” as defined in
Civil Code section 5110.
In addition to the foregoing, the election rules may, but are
not required to, provide for the nomination of candidates
from the floor at membership meetings or nomination by any
other means. The rules may also permit write in candidates
on the ballots.
Remember, in adopting any new or modified rules covering
the subjects specified in Civil Code section 4355, including
election rules, the board must provide “general notice” (see
Civil Code section 4045) to the members at least thirty
days before an open board meeting at which the board will
consider adopting the proposed rule change(s). The notice
must include a text of the proposed rule change(s) and a
description of the purpose and effect of the proposed rule
change(s). The members are entitled to make oral or written
comments on the proposed rule change(s) and the board is
to take such comments into consideration in adopting the
proposed rule change(s).
Inspector(s) of Election. The inspector(s) of election
must be “independent third parties.” What does this
phrase mean? According to Civil Code section 5110, an
independent third party may be:
1. A member of the association, but may not be a director
or a candidate for director or be related to a director or a
candidate for directors;
2. A volunteer poll worker with the county registrar of
voters;
3. A licensee of the California Board of Accountancy; or
4. A notary public.
An independent third party may not be a person, business
entity or subdivision of a business entity who is currently
employed by or under contract to the association for any
compensable services unless expressly authorized in the
association’s election rules. If the association does not
have appropriate association members willing to serve as
the inspector(s) of election, the association will have to hire
one of the other “independent third parties” to oversee the
election.
What are the duties of the inspector(s) of election? They
are:
1. To determine the number of memberships entitled to vote
and the voting power of each member;
2. To determine the authenticity, validity, and effect of
proxies, if any;
(Continued on page 18)
THIRD QUARTER 2014
www.cai-channelislands.org 17
3. Receive the ballots;
4. Hear and determine all challenges and questions in any
way arising out of or in connection with the right to vote;
5. Count and tabulate all votes;
6. Determine when the polls close;
7. Determine the tabulated results of the election; and
8. Perform any acts as may be proper to conduct the
election with fairness to all members, in accordance with
applicable laws and the association’s own election rules.
Secret Ballots. Some types of votes require the use of a
secret written ballot with a two envelope system. Per Civil
Code section 5100(a), the association must use the secret
written ballot, two envelope procedure for membership votes
on the following matters:
1. Elections regarding assessments that legally require a
membership vote;
2. Election and removal of directors;
3. Amendments to the governing documents (the text of
proposed changes must be provided with the ballot); and
4. The grant of exclusive use of common area, if required
pursuant to Civil Code section 4600.
The secret ballot procedure requires that the association
members be sent a written ballot with two envelopes. The
ballot itself is not signed by the voter, who inserts the ballot
into the first envelope and seals the envelope. The first
envelope is then inserted into the second envelope. In the
upper left hand corner of the second envelope, the voter
signs the voter’s name, indicates the voter’s name, and
provides the address or separate interest identification for
the voter’s lot/unit. The voter then returns these combined
envelopes by mail or hand delivery to a location specified
by the inspector(s) of election. The voter may request a
receipt for the delivery. Once the ballot has been delivered, it
cannot later by changed by the voter, any other owner of the
lot/unit, or any proxy holder.
Interestingly, a quorum is only required for these secret
written ballot elections if so stated in the association’s
governing documents. If a quorum is required by
the governing documents, each ballot received by the
inspector(s) of election counts as a member present at a
meeting for purposes of establishing the quorum.
Further, the association must allow for cumulative voting
in elections of directors, even though using the secret ballot
procedure, if and only if cumulative voting is provided for in
the governing documents.
18
Channels of Communication THIRD QUARTER 2014
Proxies. With all of these procedures for conducting votes
and using secret written ballots, you may well ask if the
use of proxies is still valid. The short answer is “yes, if
permitted or required by the association’s bylaws.” Proxies
may not be construed or used in lieu of a ballot. The proxies
must meet the requirements of the Davis-Stirling Common
Interest Development Act, other laws, and the association’s
governing documents. The association is not required to
prepare or distribute proxies to the members.
The law also provides that any instruction given in a proxy
issues for an election that directs the manner in which
the proxy holder is to cast the vote is to be set forth on a
separate page from the proxy itself so the extra page can be
detached and given to the proxy holder to retain. The proxy
holder is then on his/her honor to cast the member’s vote by
secret written ballot as the member directs on that separate
page. The proxy may be revoked by the member prior to the
receipt of the ballot by the inspector(s) of election. After the
ballot has been cast by the proxy holder, the proxy may not
be revoked as to that election.
In summary, if your association’s governing documents
permit the use of proxies, the association is required to
honor the proxies submitted for members. The association
does not concern itself with any voting instructions given
to the proxy holder and such voting instructions should be
placed on a separate page from the proxy and given back to
the proxy holder, together with a ballot for the proxy holder
to vote on behalf of the member giving the proxy.
Election Results and Challenges. All votes are required to
be counted and tabulated by the inspector(s) of election, or
his/her/their designees in public at a properly noticed open
meeting of the board or members. Any candidate or other
member of the association may witness the counting and
tabulation of the votes, provided that they do not interfere
with the counting and tabulation process. No person,
including a member of the association or an employee of
the management company, is allowed to open or otherwise
review any ballot prior to the time and place at which the
ballots are counted and tabulated. The inspector(s) of
election and/or his/her/their nominees may verify the
member’s information and signature on the outer envelope
prior to the meeting at which the ballots are counted and
tabulated.
The tabulated results of the election must be promptly
reported to the board and must be recorded in the minutes
of the next meeting of the board. The results must also be
made available to the association members for their review,
if requested. The board of directors must then give “general
notice” (see Civil Code section 4045) of the tabulated
results of the election within fifteen days after the votes were
counted and tabulated.
The inspector(s) of election is/are responsible for retaining
custody of the ballots until the time allowed for legally
challenging any part of the election process or results, at
which time custody of the ballots must be transferred to the
association. Per Civil Code section 5145, any association
member may bring a legal action challenging the results
of the election within one year after the “cause of action
accrues.” Any member who wishes to contest any part of the
election process or the results of the election should consult
with legal counsel to determine the last date upon which they
may file their legal challenge. If the challenge is successful,
the court may void the results of the election. The member
who prevails in a civil action to enforce the member’s rights
is also entitled to an award of his/her reasonable attorneys’
fees and court costs and the court may impose a civil penalty
of up to five hundred dollars ($500) for each violation,
except that each identical violation will be subject to only
one penalty if the violation affects each member of the
association equally. A prevailing association is not entitled
to recover any costs in such a legal action, unless the court
finds that the action was frivolous, unreasonable, or without
foundation.
The inspector(s) of election is/are also required to make the
ballots available for inspection and review by an association
member or the member’s authorized representative if there
is a recount or other challenge to the election process. Any
recount must be conducted in a manner that preserves the
confidentiality of the vote.
Campaign Funding. Association funds may not be used
for campaign purposes in connection with any association
board election. For any other association election,
association funds may not be used for campaign purposes
except to the extent necessary to comply with duties of
the association imposed by law. For purposes of these
restrictions, “campaign purpose” includes, but is not
limited to, (1) expressly advocating the election or defeat
of any candidate that is on the secret election ballot and (2)
including the photograph or prominently featuring the name
of any candidate on a communication from the association
or its board, except for the ballot, ballot materials, or
a communication that is legally required. “Campaign
purpose” also does not include one for which candidates are
being allowed access to association media, publications, etc.
for purpose of equal access to all candidates.
Noncommercial Signs, Posters, Flags and Banners. Many
association CC&Rs, particularly those drafted before 2004,
contain a restriction prohibiting all signs and other displays
on private lots/units except for one “for sale” or “for rent”
sign. These restrictions have been unenforceable since
2004, when Assembly Bill 1525 became law as Civil Code
section 1353.6, which recently became Civil Code section
4710. Now, associations may not prohibit posting or
display of noncommercial signs, posters, flags or banners on
a member’s lot or unit, except as required for the protection
of public health or safety, or if the posting or display would
violate a local, state, or federal law. A noncommercial sign,
poster, flag, or banner may be made of paper, cardboard,
cloth, plastic, or fabric, and may be posted or displayed from
the yard, window, door, balcony, or outside wall of the lot
or unit. The noncommercial sign, poster, flag, or banner
may not be made of lights, roofing, siding, paving materials,
flora, or balloons, or any other similar building, landscaping,
or decorative component, or include the painting of
architectural surfaces.
The freedom to display noncommercial signs, posters, flags,
and banners is not limited to election season. However,
these items may be more likely to appear as part of either the
association’s election or the general election. Associations
must respect the free speech and freedom of expression
rights of their members, provided that the displays comply
with Civil Code section 4710.
Conclusion. Community association elections are now
governed by specific laws and procedures. Residents now
have free speech and freedom of expression rights to post
noncommercial signs, posters, flags or banners that override
any more restrictive rules in the CC&Rs. By following the
laws and procedures described above, your association will
be conducting its elections in the proper manner.
William S. Dunlevy is a
veteran community association
attorney with over thirty-four
years of experience. He serves
as legal counsel for associations
in Los Angeles, Ventura, Kern,
Santa Barbara and San Luis
Obispo counties and provides
service in all areas of community
association law. He is a long time member of CAI
and a two term past President for the chapter. He
was also the founder of the Chapter’s magazine,
“Channels of Communication” and served as editor
of the magazine for twenty-six years.
THIRD QUARTER 2014
www.cai-channelislands.org 19
JOIN US FOR CAI-CHANNEL ISLANDS CHAPTER’S
HOLIDAY HAPPY HOUR
FRIDAY, NOVEMBER 21, 2014 5-7PM
AS WE THANK YOU FOR YOUR MEMBERSHIP IN 2014
AND RECOGNIZE OUR CHAPTER AWARD RECIPIENTS!
HOSTED DRINKS FROM 5:00-6:00 PM
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FOR MORE INFO AND TO REGISTER CALL THE CHAPTER OFFICE AT
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Channels of Communication THIRD QUARTER 2014
MANAGER TICKET SPONSORS
CAI-CHANNEL ISLANDS
CHAPTER LUNCHEON
T U E S D AY, N O V E M B E R 18, 2014
11:30 AM - 1:15 PM
LO S R O B L E S G R E E N S
2 9 9 S . M O O R PA R K R O A D, T H O U S A N D O A K S , C A
SPECIAL GUEST SPEAKERS
S K I P D A U M CAI’s Legislative Advocate for CAI-CLAC
J E F F R E Y B E A U M O N T , E S Q . Beaumont Gitlin Tashjian, CAI-CLAC Delegate
S T E V E R O S E M A N , E S Q . Roseman & Associates, APC, CAI-CLAC Delegate
2014 Legislative Update
New Legislation
Affecting Your Association
• Water Drama… How to manage with the new regulations
• Changes to internal dispute resolution
• Expansion of solar energy rights
• New case law decisions
• Insights into the legislative process and
what to expect in 2015
THIRD QUARTER 2014
www.cai-channelislands.org 21
Thank You!
To all our sponsors for their support in helping defray our costs. Please remember them and be supportive in
their business efforts. For a full service directory of chapter members, visit www.cai-channelislands.org.
P L ATINU M S P O NS O RS
CONSTRUCTION
Lic # B968305
www.allseasonsrestorations.com
www.gpmincorporated.com
www.unionbank.com
TM
Animal & Insect Pest Manage ment, Inc.
Reconstruction and Painting
Your Complete Pest Control Company
www.empireworks.com
www.sherwin-williams.com
www.myaipm.com
GO L D
www.alslien.com
www.stevereichinsurance.com
www.ferrispainting.com
www.staterestoration.com
For Professional Landscape Services
www.bgtlawyers.com
www.pacificwesternbank.com
www.staygreen.com
www.LawforHoas.com
S ILV ER
Behr Paint/The Home Depot USA • Critter Busters, Inc. • Duramax Building Products
Enhanced Landscape Management, Inc. • Fenceworks, Inc. • Fenton, Grant, Mayfield, Kaneda & Litt, LLP
Mutual of Omaha Bank • Myers, Widders, Gibson, Jones & Feingold, LLP • Plowboy Landscapes Inc.
Reserve Studies, Inc. • SBS Lien Services • Seacoast Commerce Bank • Select Painting
The Centurion Group • Timothy Cline Insurance Agency, Inc. • Ventura Pest Control • Vista Paint Corporation
BRO NZE
Association Reserves, Inc. • CAM Services • Cornwall Security Services • Design Build Associates
Nautilus General Contractors, Inc. • Poindexter & Company, CPA • Premier Commercial Painting
Showscapes • Stonemark Construction Management • Treescapes
ValleyCrest Landscape Maintenance • Vinyl Concepts
22
Channels of Communication THIRD QUARTER 2014
CLAC corner
C A L I F O R N I A L E G I S L AT I V E
ACTION COMMITTEE
CLAC Moment, September 2014
A
s you may already know, the
legislature has adjourned for
the year after sending over 800
bills to Governor Brown’s office for
signature or veto. Several of those bills
concerned community associations,
and continued the overall trend of
increasing restrictions on community
associations. Skip Daum, our CLAC
advocate, attributes this to a “drought
of understanding of, and belief in, the
multiple benefits and value of community living to members” among
our State’s lawmakers. Lamentably,
legislation on community association
issues seems most commonly prompted by stories of “outrageous” conduct
toward residents which, although
isolated and frequently blown out of all
proportion, are nonetheless publicized
by the media and treated as a widespread problem for legislative purposes. This year’s new laws are no
exception. After a few highly publicized
media reports about associations fining
members for not watering during the
current drought, two bills were passed
and signed into law to clamp down on
such fines. Assembly Bill 2104 prohibits associations from fining members
for refusing to water their property
during an officially declared drought,
and prohibits boards from unilaterally
changing architectural rules to evade
the no-watering requirements. Fortunately, CLAC successfully amended
a companion bill (Senate Bill 992) to
include an exception for associations
that use recycled water for irrigation.
Both bills took effect immediately, so it
is important to immediately review all
irrigation policies for legal compliance.
Another new law, Assembly Bill
2561, allows personal food gardens
to be planted in back yards owned by
members. This law does not allow crops
to be grown for commercial purposes
or to be sold on the property, and does
not allow crops to be planted in the
front yard areas, but only because our
CLAC delegates successfully lobbied the
bill’s author to correct those portions
of the bill. Thanks to the efforts of our
delegates, this new law allows boards
to adopt reasonable rules to regulate
such activity. The law will take effect on
January 1, 2015, so boards are urged
to adopt reasonable restrictions now to
regulate the placement and maintenance
of gardens.
Assembly Bill 2188 expedites
solar approvals by local governments,
even when the installation is within
an association that has an existing
contract with the local government
regarding architectural standards for
solar equipment. Our CLAC delegates
sought to amend this bill to protect
association standards, but the author
refused. This law also takes effect in
January.
Perhaps the worst of the new laws
is Assembly Bill 1738, which allows
members to bring third parties to
an internal dispute resolution (IDR)
meeting. The IDR process is intended
to be an expedited, informal process,
involving the member involved in the
dispute and a single designated board
member. However, this new law will
now encourage members to bring
attorneys, fair housing advocates,
public insurance adjusters, and similar
third parties into IDR meetings, which
will increase the cost and difficulty of
conducting IDR meetings. The law
does not even require prior notice of
the additional party, even if the third
Skip Daum, CAI-CLAC Lobbyist
Russell Higgins, Esq., Adams Kessler PLC
party is an attorney. Worse, because
IDR is not protected by confidentiality
rules (unlike mediation, for example),
anything said could be admissible
in court. Skip Daum estimates that
an IDR involving attorneys will cost
approximately $900, so this could have
a severe impact on an association’s
bottom line. CLAC lobbied heavily to
oppose and amend this bill, and up
to 2,000 CAI members responded
by sending letters to the legislature
and Governor Brown. While this was
unsuccessful, it illustrates the potential
for grassroots action by CAI members
to counteract ill-conceived legislation.
In the meantime, this law takes effect in
January.
On a positive note, Assembly
Bill 968 clarifies that members
are responsible for maintaining
their exclusive use areas, while
the association is responsible for
repairing and replacing them (unless
the declaration provides otherwise).
This has been a longstanding area of
confusion under the Davis-Stirling Act,
and CLAC supported this bill. This new
law takes effect in 2017.
Finally, as many association
members are keenly aware, CLAC
supported and lobbied for a bill to
allow electronic balloting in association
elections. Unfortunately, this bill did
not pass as a result of truly bizarre
political concerns. As always, CLAC will
continue to evaluate ways to increase
grassroots advocacy campaigns to
support these types of bills in the future,
and in that respect, CAI members’
response to the appalling IDR bill
provides a silver lining.
For more information, please visit
www.caiclac.com.
THIRD QUARTER 2014
www.cai-channelislands.org 23
2014 Chapter
Calendar of Events
Event dates and locations are subject to change so
please visit www.cai-channelislands.org
for the most up to date information.
NOV 6
MID-CA DINNER PROGRAM
Ventana Grill, Pismo Beach, 6 pm
NOV 6-8 PMDP COURSE: M-100
Oxnard
NOV 18 2014 LEGISLATIVE UPDATE
CHAPTER LUNCHEON
Los Robles Greens, Thousand Oaks
11:30 am
(Chapter Board Meeting at 10:30 am)
NOV 21 HOLIDAY HAPPY HOUR / AWARDS PROGRAM
The Westlake Village Inn
5-7 pm
DEC 9
CHAPTER LUNCHEON
Los Robles Greens, Thousand Oaks
11:30 am
(Chapter Board Meeting at 10:30 am)
Welcome to our
2015 CAI-CLAC
Chapter Liaison
On behalf of the Chapter’s 2014
Board of Directors, we are excited
to introduce our Chapter’s 2015
CLAC Liaison, Jasmine M. Fisher,
Esq. of Adams Kessler PLC.
Jasmine has been praciting law for
over 10 years and specializes in representing Community
Associations. She says “I’m thrilled to serve as the Channel
Islands Chapter liaison for CAI-CLAC. Ever since I
first saw Jimmy Stewart filibuster, I’ve been hooked on
legislative process. Going so far as to earn a degree in
political science, it’s no surprise that I gravitate towards
the Legislative Action Committee. Most importantly, I
love this industry and want to be an active participant
in helping to build the necessary consensus between
legislators, community managers, board members, owners
and vendors so we can find points of common ground
and continue to move the industry forward in a positive
direction.”
Welcome to New Associate:
David Taran, Esq.
Roseman & Associates, APC is
pleased to announce David A.
Taran, Esq. has joined our firm.
In addition to David’s real estate
background, he brings to the
firm his experience representing
homeowners in Homeowners
Bill of Rights action, housing
discrimination, administrative
trials, and mediation. David will
be handling the firm’s general real
estate, and construction defect litigation for our HOA
department.
He received his law degree from the University of
California, Davis, where he participated in many programs
including moot court and clinical externships, and received
a Public Service Honors award in recognition of his work
in the public sector.
Looking for a vendor
ĨŽƌLJŽƵƌƐƐŽĐŝĂƟŽŶ͍
Visit cai-channelislands.org to view the chapter’s
service directory of members who specialize in
providing products and services to the
ŽŵŵƵŶŝƚLJƐƐŽĐŝĂƟŽŶŝŶĚƵƐƚƌLJ͘
24
Channels of Communication THIRD QUARTER 2014
Thank you
news I trends I ideas
Welcome
The Channel Islands Chapter of CAI
welcomes the following new chapter
members who joined in July, August,
and September 2014:
to the following members for renewing your membership with CAI!
Community Association Volunteer Leaders
Dr. Gary F. Davis, Casa San Carlos Homeowners Association
Stan Davis, Village Green Property Owners Association
Forest Godfrey, Mirabella • Ed Lacey, Buenaventura Gardens
Madelene Young-Ellis, Oaknoll Condominiums
Community Associations
Los Arboles Townhome
Owners Association
Sandpiper Village II HOA
Villaggio Mountain Meadows
Community Associations
Beachport Cottages HA • Casa De Flores HA • Creekside Village Assoc.
Daybreak Neighborhood Assoc. • Ennisbrook HA • Fairways Community Assoc.
Harbor Lights HA • Hollow Hills Greens HA • Lakeside Village HA
Las Posas Garden HA • Leisure Village Assoc. • Los Robles Estates HA
Margarita Villa HA • Marlborough Country Villas II
Marlborough Seaside Village Assoc. • Oaknoll Condominium Assoc.
Rancho Matilija Property Owners Assoc. • Rancho Ventura HA
Rose Island Homes HA • Seminole Springs M.H.P., Inc. • Shadow Oaks HA
Surfside I HA • The Avenue Neighborhood Assoc.
Waypointe Neighborhood Assoc. • Whalers Village Townhomes Assoc.
Community Managers
Sabrina Badalich, Property
Management Professionals, LLC
Trisha Garite,
Integrity Management Group
Manager Members
Kimberly Carr, AMS, PCAM, Summus Association Management
Carol Henderson, PCAM
Mary Hurt, CMCA, AMS, Leisure Village Association
Frank Jauregui, CCAM, Transcend Association Management
Karen Kokowicz, CMCA, PCAM, Coro Community Management Consulting
Lance D. Marsh, Gold Coast Association Management
Marilee Marsh, Gold Coast Association Management
Tina Nakamura, CMCA, AMS, PCAM, Property Management Professionals, LLC
Jill Parker, CMCA, Santa Barbara Highlands HA
Diane Rhoades, Concierge HOA Management
Chelsi Rueter, Community Property Management
Karin Schulman, Pine Mountain Club Property Owners Association
Carol Short, Surfside III Condominium Owners Association
Rory Worster, CMCA, AMS, Pine Mountain Club Property Owners Association
Danita L. Vaughn, CMCA, AMS, PCAM, Concord Consulting & Association Services
Management Companies
AMS Realty, Inc. • CID Consortium, LLC • CoastManagement.net
Parkstone Management Services • The Management Trust-Goetz Manderley
Business Partners
American Technologies, Inc.
Benjamin Moore & Co.
Slade Industrial Landscape, Inc.
missing
ƐŽŵĞƚŚŝŶŐ͍
ŶƐƵƌĞLJŽƵĂƌĞŐĞƫŶŐĂůůLJŽƵƌ
ǀĂůƵĂďůĞ/ŵĞŵďĞƌďĞŶĞĮƚƐ͘
Update your email address today
addresschanges@caionline.org
or call (888) 224-4321
SEE WHAT YOU’RE MISSING
sŝƐŝƚǁǁǁ͘ĐĂŝŽŶůŝŶĞ͘ŽƌŐͬďĞŶĞĮƚƐ
Business Partners
All Valley Washer Service • Association Lien Services • Association Reserves, Inc.
BPC Structural Pest Control • BPR, Inc. • CrossPrint Services
DDM Metering Systems, Inc. • Ferris Painting • G4S Secure Solutions (USA) Inc.
Gibbs, Giden, Locher, Turner, Senet & Wittbrodt LLP
Golden State Copier & Mailing Systems • Gothic Grounds Management
Kulik, Gottesman & Siegel LLP • Loewenthal, Hillshafer & Carter, LLP
McGowan Program Administrators • Oakridge Landscape, Inc.
Oaks Security, Inc. • SAX Insurance Agency • Sherwin-Williams Company
Stay Green, Inc.
THIRD QUARTER 2014
www.cai-channelislands.org 25
INC.
Colleen Scott, CMCA, AMS
Certified Manager
All Homeowner Management Services
805.388.3848
Toll Free 877.388.3848
805.388.0856
Fax
Phone
Post Office Box 3237
Camarillo, CA 93011-3237
colleen@anchorcommunitymgt.com
www.anchorcommunitymgt.com
New image,same people,
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26
Channels of Communication THIRD QUARTER 2014
advertising
Ruth Campbell, CCAM
Senior Community Manager/President
rcampbell@cidmanagementsolutions.com
1000 Town Center Drive, Suite 300
Oxnard, CA. 93036
Main (805) 351-8270
Direct (805) 351-8269
Fax (805) 351-8268
www.cidmanagementsolutions.com
ƩŶ͗ƵƐŝŶĞƐƐWĂƌƚŶĞƌƐ
The CAI-Channel Islands Chapter’s 2015
DĂƌŬĞƟŶŐWůĂŶŝƐŶŽǁĂǀĂŝůĂďůĞ͘/ŶĐůƵĚĞƚŚĞ
ĐŚĂƉƚĞƌŵĂƌŬĞƟŶŐŽƉƉŽƌƚƵŶŝƟĞƐŝŶLJŽƵƌϮϬϭϱ
budget and see a return on your investment
ĂůůLJĞĂƌůŽŶŐ͊^ŽŵĞŽƉƉŽƌƚƵŶŝƟĞƐǁŝůů
sell out so sign up early!
CAI is an independent, national, non-profit research and educational
organization dealing with issues concerning condominiums, cooperatives,
planned unit developments, and homeowners associations. Members
include: associations, homeowners, managers, lenders, insurance and real
estate agents, developers, attorneys, public officials, accountants and other
providers of services.
Policies: Ads must be prepaid and in full color (CMYK) and high resolution
(300dpi). Ads may be postponed due to lack of space, but will have first
priority in the next issue of Channels of Communication. Acceptance of
advertising in this newsletter will not constitute an endorsement of product
services.
2014 FULL COLOR RATES
per issue
8.5”w x 11.0”h
Full Page ............................................................$525
Full Page Inside Front Cover / Inside Back Cover ...600
Full Page Outside Back Cover ..............................700
7.5”w x 4.75”h
Half Page .............................................................425
3.5”w x 4.75”h
Quarter Page ........................................................325
3.5”w x 2.0”h
Eighth Page / Business Card .................................150
Each advertisement will be billed at the current rate. No “ganging” of
advertisements (i.e.: 4 quarter page ads will be billed at 4xs the quarter
page rate, not the full page rate.)
Consecutive insertion rates will be billed on a per issue basis. Should
you cancel within the contracted period of time, your billing will be prorated
based on the single insertion rate. (Pre-payment is only required for the
first ad placed.)
Rates are for CAI members only. Non-members of CAI will be charged
50% additional.
Advertiser: _______________________________________________
Contact Person: ___________________________________________
Company: ________________________________________________
Address: _________________________________________________
City:_______________________ Zip: _________________________
Phone:_________________ Ad Size:___________________________
Cost $:___________ Specify Issue: ___________________________
Authorized Signature: _______________________________________
Mail order form and check to: CAI, P. O. Box 3575, Ventura, CA 93006
CHANGE OF ADDRESS OR BOARD MEMBERS
Please fill out this form and return it to the Channel
Islands Chapter so we can keep the CAI mailing list current.
Association: ________________________________________
Name: _____________________________________________
Address: ___________________________________________
City/State/Zip: _______________________________________
For more info, visit
www.cai-channelislands.org
or email leah@cai-channelislands.org
Additional info: ______________________________________
Return to Channel Islands Chapter-CAI
P. O. Box 3575, Ventura, CA 93006
or call us at 805/658-1438
THIRD QUARTER 2014
www.cai-channelislands.org 27
28
Channels of Communication THIRD QUARTER 2014
advertisers
CLASSIFIED DIRECTORY
ADVERTISERS
ACCOUNTANTS
Poindexter & Company, CPA ..........................................30
AMS Realty .........................................................................2
www.amsrealtyinc.com
ASPHALT/ PAVING/CONCRETE
GPM/General Pavement Management ............................21
COPIER EQUIPMENT & SUPPLIES
Golden State Copiers & Mailing Systems. ......................28
EMERGENCY WATER & FIRE SERVICES & RESTORATION
State Restoration, Inc. ...................................................31
Anchor Community Management, Inc. ...............................26
www.anchorcommunitymgt.com
Animal & Insect Pest Management Inc. ..............................26
www.animalinsectpm.com
Association Reserves, Inc. ................................................30
www.reservestudy.com
CID Management Solutions, Inc. ........................................27
www.cidmanagementsolutions.com
Community Property Management ....................................31
www.cpm1.com
FINANCIAL SERVICES
Mutual of Omaha Bank / Condocerts .............................30
Union Bank .....................................................................4
Cragoe Pest Services, Inc..................................................31
www.cragoe.net
INSURANCE
Steve D. Reich Insurance Agency ....................................4
Steven G. Segal Insurance Agency, Inc. .........................31
Timothy Cline Insurance Agency, Inc.. ...........................24
Golden State Copiers & Mailing Systems ...........................28
www.gsscopymail.com
MANAGEMENT COMPANIES
AMS Realty .....................................................................2
Anchor Community Management, Inc. ...........................26
CID Management Solutions, Inc. ....................................27
Community Property Management ................................31
Integrity Management Group..........................................30
PAINTING
Ferris Painting Company. ...............................................21
Select Painting ..............................................................28
PEST CONTROL
Animal & Insect Pest Management Inc. ..........................26
Cragoe Pest Services, Inc..............................................31
RESERVE STUDIES
Association Reserves, Inc. ............................................30
Reserve Studies, Inc. ....................................................26
UTILITY AUDITING
Pacific Utility Audit ........................................................30
Ferris Painting Company....................................................21
www.ferrispainting.com
GPM/General Pavement Management ................................21
www.gpmincorporated.com
Integrity Management Group..............................................30
www.integrityhoamgt.com
Mutual of Omaha Bank / Condocerts .................................30
www.mutualofomaha.com
Pacific Utility Audit ............................................................30
www.pacificutilityaudit.com
Poindexter & Company, CPA ..............................................30
www.poindexterandco.com
Reserve Studies, Inc. ........................................................26
www.reservestudiesinc.com
Select Painting ..................................................................28
www.select-painting.com
State Restoration, Inc. .......................................................31
www.staterestoration.com
Steve D. Reich Insurance Agency ........................................4
www.stevereichinsurance.com
Steven G. Segal Insurance Agency, Inc. .............................31
www.farmersagent.com/ssegal
Timothy Cline Insurance Agency, Inc .................................24
www.timothycline.com
Union Bank .........................................................................4
hoabankers.com smartstreet.com
THIRD QUARTER 2014
www.cai-channelislands.org 29
What We Can Do For You:
Monica Cohen, CCAM/CEO
Integrity Management Group
•
•
Determine whether or
not you are entitled to
refunds as a result of
utility company overcharges, and secure
those refunds for
you... retroactively.
Enable you to enjoy
on-going utility
savings as you avoid
needless overcharges
and utility billing errors
in the years ahead.
INTEGRITY
MANAGEMENT GROUP
Leadership and Dependability
Phone 805-494-4990
Toll Free 877-865-0330
Fax 805-494-4991
Post Office Box 7179
Westlake Village, CA 91359-7179
monica@integrityhoamgt.com
www.integrityhoamgt.com
POINDEXTER & COMPANY
Certified Public Accountant
•
Obtain the lowest
possible water, sewer,
telephone, trash, gas
and electric utility bills
in the future.
PACIFIC UTILITY AUDIT
Mark A. Poindexter, CPA
Post Office Box 4488
Ventura, California 93007
Phone: 805 659-3600
Fax: 805 659-1136
Email: mark@poindexterandco.com
Web: www.poindexterandco.com
Committed to
Excellence
www.PacificUtilityAudit.com
1-800-576-1010
Since 1989
Community Association Loans
All the right tools for your next project.
How will you fund your next community project? Get
the job done right with the Community Association
Loan toolkit. You’ll get custom financing that’s perfect
for your budget and your community.
Your Community Association Loan toolkit includes:
• Competitive interest rates • Flexible payment plans
• Innovative loan structures • Fixed rate loans
• Non-revolving lines of credit
Get the cash you need today.
Lisa Ann Rea
VP/Regional Account Executive
805.907.8452
Toll Free 866.800.4656, ext. 7500
lisa.rea@mutualofomahabank.com
Member FDIC • Equal Housing Lender
AFN45330
30
Channels of Communication THIRD QUARTER 2014
National Corporate Member of Community Associations Institute
CACM Affiliate Member
STEVEN G. SEGAL INSURANCE AGENCY, INC.
Over 33 years of experience specializing in:
Condominium Associations • Planned Unit Developments • Hard to Place Associations
Earthquake Coverage • High Rise Condominiums • Workers Compensation
Toll Free: 800-345-8866 • Toll Free Fax: 800-262-0973
Email: SSegal@farmersagent.com • www.farmersagent.com/ssegal
SHELDON CHAVIN
CPM, CCAM
730 Paseo Camarillo, Suite 101
Camarillo, CA 93010
0 979 ([t 103 ‡ 00 999
)A; 0 97790
sheldon@cpm1.com
E-Mail: Info@Cragoe.net
Web: www.Cragoe.net
David Cragoe
Rodent, General & Tree Pest Specialists
President
“Call Cragoe & They Go!!”
OFFICE: (800) 997-2206
Phone: (805) 446-7003
1826 Wellesley Drive
Fax: (805) 446-7005
Toll Free: 1-888-CRAGOE3 Thousand Oaks, CA 91360-5026
2 7 2 - 4 6 3 3
THIRD QUARTER 2014
www.cai-channelislands.org 31
PRSRT STD
U.S. Postage
PAID
Permit No. 1794
Oxnard, CA
P.O. BOX 3575
VENTURA, CA 93006
Schedule of Events
November 6-8
PMDP Course: M-100
Oxnard
November 18
2014 Legislative Update
Chapter Luncheon
Los Robles Greens, Thousand Oaks
11:30 am
November 21
Holiday Happy Hour / Awards Program
The Westlake Village Inn
5-7 pm
December 9
Chapter Luncheon “The Anatomy of a Lawsuit”
Los Robles Greens, Thousand Oaks
11:30 am
For more information or to register,
visit www.cai-channelislands.org
or call the chapter office at 805.658.1438
Save the
Date!
JOIN US FOR CAI-CHANNEL ISLANDS CHAPTER’S
HOLIDAY HAPPY HOUR
FRIDAY, NOVEMBER 21, 2014 5-7PM
AS WE THANK YOU FOR YOUR MEMBERSHIP IN 2014
AND RECOGNIZE OUR CHAPTER AWARD RECIPIENTS!
FOR MORE INFO: VISIT CAI-CHANNELISLANDS.ORG