Events

2018 CACM South Bay Luncheon Forum “Ready Set Implement”

May 17, 2018

What better way to gain valuable education and client interaction than at the San Jose Country Club tucked in the beautiful surrounding hills of San Jose. This spring’s forum presented by John Gill of Hughes, Gill, Cochran, Tinetti, P.C., Andrea O’Toole of Berding/Weil, LLP, Lisa DeJesus of Seabreeze Management, and Sharon Topping of Associa Northern California, addressed the following topics as briefly summarized. For in depth information please contact CACM at cacm.org.

SB407 – Noncommercial Solicitation (Civil Code 4515)
Under this law governing documents cannot prohibit a member or resident from

• Peacefully meeting with members and invitees.
• Inviting public officials, candidates for public office or homeowner organization representatives to speak.
• Using common area for assembly or meeting.
• Canvasing and petition members and residents.
• Distributing or circulating information without permission.

Additionally they cannot require member or resident to:

• Pay a fee.
• Make a deposit.
• Obtain liability insurance.
• Pay premium or deductible on association’s insurance policy.

Suggestions

• Educate board members.
• Protect associations and avoid liability such as
  • Require a minimum advanced notice of meeting.
  • Require time limits and restriction.
  • Require the sponsor provide description of meeting and number or attendees.
  • Require the sponsor to provide security, (such as an association approved vendor).
  • The sponsor will be responsible for all potential damages should any occur.

New Manager Disclosures

Certified Managers are required to send annual disclosures to current client boards. A sample letter was provided, see copy in our pictures.

AB634 – Solar Energy System Installation

The associations must require those applying for the installation of solar energy systems to

• Notify other owners in the building.
• The applicant and successive owners to provide proof of liability insurance.

The association additionally may require

• Applicant to submit solar site survey. The association could hire their own surveyor.
• Equitable allocation of useable roof area.
• Specify the applicants’ responsibility for damage, maintenance and restoration costs.
• The responsibility of the applicant to disclose to prospective buyers.

Management

• 45-day response to applicant.
• Solar rules and policies and retention of independent consultants.
• Record keeping.
• The potential of Community-wide solar options.
• Additional administrative time.

81 FR 63051 – Harassment/Hostile Environment
By definition Associations are “housing providers” and under the Hud regulation are directly liable for failing to take prompt action to end third-party discrimination where the they knew or should have known of conduct and had the power to correct it. The obligation of the association is to protect the victim of the harassment.

The following is suggested procedures to accomplish this obligation.

• Take action as soon as an allegation is made known.
• Call legal counsel.
• Contact insurance company.
• Notify the board.
• Documents everything.
• Hire a third party such as an attorney to conduct interviews and investigate.
• Manage costs.

SB 721 – Balconies and Elevated Walkways
Prior to this law being enacted it is recommended community management and association prepare by gathering records prior to inspections and repairs, budget for inspections, and schedule early inspection to allow for compliance time.

Takeaways

• Educate clients and colleagues
• Navigate challenges presented by new laws.
• Identify necessary legal assistance.
• Protect against legal risk.

Accompanying the presented information was enhanced scenarios that encouraged solution based discussions.
As a sponsor of the added benefits of attending forums such as this one is to gain insights to our client’s ever changing legal requirements so ACSI can better support your services to the assocations.
Thank you to Melissa and all the staff at CACM who make each event unique and successful!
Excellent work!

Events

2018 CACM Law Seminar & Expo

January 25-26, 2018

From lightsaber fight to gypsies and fortune tellers to flying drone, CACM was definitely a cosmic event to remember!

Check out our friends at EmpireWork sporting their “Out of This World” attire.

It was such a pleasure visiting with longtime industry associates and meeting new friends. May 2018 be an adventure!

Events

2017 Annual Company Party

December 22, 2018

ACS celebrated our most successful year to date! Thank you to all our employees, community managers, homeowner association boards, and vendors who contributed to our accomplishments! We couldn’t do it without you! Thank you Jamie and staff from Holy Cannoli, http://www.holycannolisj.com, as always so much yum!