Blog

By Kelly Zibell, AMS, PCAM

Demographic changes are taking place both in the workplace and in community associations. Seventy-five percent of the workforce will consist of millennials by 2025, but more than 97 percent of homeowner leaders are traditionalists, baby boomers, and Generation Xers, according to an analysis from my company. This means that strategies for leading employees and working with residents and homeowner leaders should take generational differences into consideration.

Each generation in the workplace or in a community – from traditionalists to Generation Z – has distinct work or volunteer motivations, aspire to diverse career goals, and require specific types of communication, engagement, and management styles. The table shows a summary of attributes that distinguish each of these five generations.

Management company executives and association boards must learn how to address the changing needs of a multigenerational workforce or membership to...

A Quick Look At Safety And Fair Housing Rules

By Ellen Schuster, Esq. 

THE IDEA OF kids playing in parking lots makes directors and managers wince – and for good reason. The potential for injury evokes concerns about safety and association liability issues. But boards must balance these concerns with restrictive rules that may violate fair housing laws.

Like landlords, associations have the duty to protect residents from foreseeable risks of harm. Frances T. v. Village Green Owners Association (1986) 42 Cal.3d 490.¹

It is foreseeable that people – especially children – who play in areas where cars are driving may be hit and injured by a car. This means that the association may have a duty to protect people from the risk of being hit and injured by a car. To meet this duty, many boards adopt rules prohibiting play or recreation and requiring children to be supervised by adults when in common area parking lots. Sounds simple enough, right?

...

By Kristin Amarillas, CMCA, AMS, PCAM 

CRIME IS ON the rise throughout California. This is not a general statement; it is a fact that has been shared with community managers throughout the state by local law enforcement. And it is not the first time we have heard this; in fact, we hear it every year. Since crime is regularly on the rise, we need to take steps to assist us in living with it in a way that will best prepare the community from being a target.

With so many options to address crime prevention, it can be difficult to decide how to proceed, especially when some are costly or require a good deal of labor and follow-up to be impactful. The truth is, the best crime prevention programs will always require a great deal of labor. If the efforts implemented are put in place and then left to be autonomous, they will become ineffective or disarmed quickly.

Gates, cameras, security (courtesy patrol, stationary, or armed guards), lighting, and a neighborhood watch...

Thank you to our sponsors and CAI BayCen members who joined us in a spectacular game of golf as we hosted our 26th Annual Golf Classic on Monday, June 6th at Crow Canyon Country Club, Danville. It was a beautiful day for golf and we hope everyone had a wonderful time. Here are some of our favorite photos. We look forward to seeing everyone again next year. 

By Melissa Bauman Ward, Esq. 

When it comes to surveillance cameras – both for associations and members – policy considerations should be examined carefully.

SURVEILLANCE CAMERA SYSTEMS FOR ASSOCIATIONS

The presence of surveillance cameras in homeowners associations is not uncommon. Cameras are used for everything from crime deterrence to creating evidence of crimes (particularly theft and destruction of property) to figuring out who is leaving furniture by the dumpsters or not cleaning up after their dog. The predominant issue revolves around a member/resident’s right to privacy.

COMMON AREA PLACEMENT

Surveillance cameras typically point toward the common area, including the sidewalks, parking areas, driveway areas, landscaped areas, trash enclosures, and other recreational areas. Because anyone walking on the common area past the cameras will be caught on tape, so to speak, and will have their likenesses recorded, there is concern that their...

By Noel Browning, Aquatic Biologist at SOLitude Lake Management

Lakes, rivers, beaches, and even swimming pools have beneficial effects on the well-being of visitors that are hard to define. Water is not only essential for our survival, it has a profoundly relaxing and refreshing impact on people’s mental health and happiness. Human beings will always be inextricably connected to water physically, mentally, and spiritually. This helps explain why communities near large water systems are common vacation destinations and highly desirable places for residential communities. It also underscores the importance of preserving our precious aquatic resources.

Maintaining balanced aquatic ecosystems is more important than ever as water scarcity, eutrophication, drought, and increasing demand continue to cause depletion and degradation of water quality worldwide. Water pollution can lead to harmful algal blooms, toxicity, nuisance and invasive aquatic weed growth, bad odors,...

By Sydney DeMarco and Rachel Selwan, CED

Business development within the common interest development industry has always been an interesting study in both human relationships and the thin line between friendship and work. Most of our members who have the title of business developer or client services are actively marketing for their companies. They are associated with whatever services their companies offer, while at the same time, they are somehow their own separate entities. Typical marketing representatives aren’t just selling their companies to buyers, they’re selling themselves (not in a derogatory way, although some have blurred the line into a morally gray area), who they are, what their companies do and, by extension, the resources their companies have to offer to help make their clients lives easier.

Marketing has largely consisted of inviting clients to a wide range of fun events, whether it be out for a meal or coffee, or to sporting...

By Andrea O’Toole, Rachel Miller, Tim Stauffer and Mary Prados Peterson

By now, most have seen the awful images of the collapsed Champlain Towers which resulted in nearly 100 deaths, countless injuries, property damage and unanswered questions about how this could have happened. While not every case of deferred maintenance has such catastrophic results, the Bay Area is not without its own examples. Six people died following a 2015 balcony collapse in Berkeley. That tragedy resulted in legislation affecting apartment buildings and, subsequently, condominium buildings. The protection of human life and avoidance of injury should be primary goals in determining why, when, and how community associations undertake maintenance, repair, and replacement. At the same time, protection of the property, and the association members’ significant investment in it, is also a key objective.

The authors of this article – a structural engineer, a community...

By Becky Jolly, CCAM & Jasmine Hale, Esq., CCAL

All too often, when managers, counsel, and experts warn boards and their communities that the failure to maintain their association’s infrastructure can result in liability and create safety hazards, the calls for action fall on deaf ears. Sometimes those deaf ears lead to recalls when the board is attempting to do the right thing and move forward with lasting repairs to the failed infrastructure. Doing what is right sometimes means making the unpopular and hard decisions.

So, what should the board do when the siding has failed, balconies are about to fall off, or the association is underfunded in their reserves and cannot realistically pay for its upcoming SB 326 inspections? Oftentimes, there is no way these projects can wait when life potentially hangs in the balance. Here we will try to answer these questions by focusing on the legal issues and strategies for assisting communities in successfully navigating the...

By Stephen T. Brindle, Esq.

This article first appeared in the Winter 2022 Issue of The Communicator here.

RENTAL RESTRICTIONS

Brown v. Montage at Mission Hills, Inc.

Background: Brown bought a condominium unit to use as a vacation rental. At the time of the purchase, the association’s governing documents did not contain any restrictions regarding shortterm rentals. Sixteen years after Brown purchased the unit, the association amended its governing documents to include a 30-day minimum rental period restriction. After the association told Brown that it intended to enforce the restriction against her unless she stopped use of her unit for short-term rentals, Brown sued the association, claiming that the restriction did not apply to her because she purchased the unit prior to the effective date of the amendment. In its defense, the association claimed that the restriction was in fact a regulation, not a restriction, and also that shortterm rentals violated the...