HOA's and CONDO's/PUDs-The January Regenesis Report is Out

The Regenesis Report (National Edition) January 2011 is now available for viewing at http://www.regenesis.net/

IN THIS EDITION

The Rogues Gallery. Does your board have some?

Ask the HOA Expert™. Another set of provocative Q&As.

The Resale Package. What is it and why it costs so much?

Winterizing Vacancies. Snow birds take notice.

Bark Free Zone. Move over rover.

Paint a Montana Sky. Let your paint palate soar!

Good Looking Hood. Keep the cribs stylin’.

Interview with God. If you ask, he’ll answer.

Paraprosdokians. War doesn’t determine who is right, only who is left.

ADVERTISERS The Regenesis Report reaches over 10,000 homeowner association boards and managers nationwide each month.

For advertiser information, see www.regenesis.net/advertise.htm



DO YOU BELONG TO A SELF MANAGED HOA? Regenesis.net is specifically designed to assist self managed HOAs with management issues. Besides the personalized Ask the HOA Expert™ service, there is a vast number of self-help resources…all for only $99/year. For details, see www.Regenesis.net/SubscriberInformation.htm



Why not share The Regenesis Report with someone you love?

From Porter Law Group-New Mechanic Lien Laws Take Effect Jan 1 In California

From Porter Law Group comes this infromation for property owners and contractors on the new lien laws effective Jan 1 2011 in California-New Rules-they are important to play by or as a contractor you can lose your rights to collect if you don't follow them carefully.

Mechanic’s Lien Laws, Forms and Procedures



to Change at the End of this Year







Under the new law, after December 31, 2010, California Civil Code sections 3084 and 3146 are amended to require service of a mechanic’s lien on the owner of the property at the time the mechanic’s lien is recorded. If for some reason the owner cannot be served with the mechanic’s lien then the original contractor or the lender can instead be served. This new process provides owners with notice that a mechanic’s lien has been recorded on their property and it gives them an opportunity to quickly address the situation.  The form of the mechanic’s lien document itself is also changed to include a “Notice of Mechanic’s Lien” which provides a brief explanation of the nature of a mechanic’s lien and options the property owner might pursue to address the situation.

READ ALL OF THIS BULLETIN AT PORTER LAW'S WEBSITE BY CLICKING HERE

Press Release From Associa-Associa Promotes Education Via Facebook, Community Management Leader to Give FREE Copies of The Best of Association Times, Volume 2

Saw this on my Google Alerts...passing it on to the HOA community

 

December 20, 2010 01:14 PM Eastern Time 

Associa Promotes Education Via Facebook, Community Management Leader to Give FREE Copies of The Best of Association Times, Volume 2

Book Provides Education and Encourages Dialogue About Community Association Management

DALLAS--(BUSINESS WIRE)--Associa, the leader in community association management, announced today a new promotion designed to spread community association management education and information to its friends and homeowners. As a reward for signing up to “Like” Associa on Facebook, the company is giving away FREE copies of The Best of Association Times, Volume 2 to all of its new “Likes” and to individuals who already follow Associa and submit their contact information.

“We believe that educating not only our employees, but also our homeowners, fosters better communications, community culture, and ultimately, efficiently run associations”

“We believe that educating not only our employees, but also our homeowners, fosters better communications, community culture, and ultimately, efficiently run associations,” said Associa CEO John Carona. “Through this Facebook promotion, Associa opens the door for learning and dialogue about the community association industry.”
The Best of Association Times, Volume 2 is a 200 page book full of information for community associations, providing readers with articles and answers to common questions about association management. Written by industry experts from Associa, the book offers information on the latest trends, laws and other topics affecting the community association industry. The book can be used as a handy resource on how to maximize the community association management experience.
To “Like” Associa’s Facebook page and receive a FREE copy of The Best of Association Times, Volume 2 please visit www.Facebook.com/Associa and follow the instructions on the “Welcome” page. Individuals who already “Like” Associa’s page can send their information (name, mailing address, phone number) to pr@associaonline.com to receive their copy.
Building successful communities for more than 30 years, Associa is the leader in community association management and serves its clients with local knowledge, national resources and comprehensive expertise. Associa® and its 8,000 employees operate more than 100 branch offices in the United States and Mexico. To learn more about Associa and its charitable organization, Associa Cares, go to www.associaonline.com and www.associacares.com. Find us on Facebook or follow us on twitter.

Contacts

Associa
Carol Piering, 214-953-3009 x5680
cpiering@associaonline.com

Permalink: http://www.businesswire.com/news/home/20101220006327/en/Associa-Promotes-Education-Facebook-Community-Management-Leader

Re-Blog From Berding & Weil-Dangers Of Hiring an Unlicensed Contractor

Liability in the Bargain?
The Dangers of Hiring an Unlicensed Contractor

by Timothy J. Smith, Esq.

Homeowners and homeowners' associations often face expenses to maintain or repair their property. It makes sense to look for the most affordable contractor available to do the work. Many times, through friends or relatives, a homeowner will come across an unlicensed contractor during their search for a person to do the work. The unlicensed contractor will provide a bid that is much lower than bids from licensed contractors and promises to do the same work. It sounds so appealing to save money but still get great workmanship that many people fall into the trap and hire the unlicensed contractor. However, the cheapest contractor available might be the one that will cost the most in the long run.

It is not surprising that an unlicensed contractor would be less expensive than a licensed contractor. Unlicensed contractors have advantages that enable them to provide the lowest prices. They do not have to pay licensing fees, they do not have to obtain a bond to protect their work, and more often than not they do not purchase liability or workers compensation insurance. Without these added expenses the unlicensed contractor can provide their services at a rate lower than the legitimately licensed professional.

It is true that having a contractor's license is not a guarantee that the work will be done well, or even properly. Since there is no guarantee that a licensed contractor will do a better job why should a homeowner or association care if the contractor has a license? The answer is simple--to protect the homeowner or association from a myriad of problems that could arise.

READ ALL OF THIS ARTICLE AT BERDING & WEIL BY CLICKING HERE

 

FROM the American P{lywood Association-construction details for moisture resistant homes.

Saw this on an email newsletter i get, passing it on...

Build A Better Home publications provide simple construction details for moisture-resistant homes

APA’s Build A Better Home program is designed to provide builders and homeowners the construction guidelines they need to protect their homes against damaging moisture infiltration by encouraging better building practices for the key elements of a residential structure: roofs, walls and foundation.

Three brochures in the Build A Better Home (BBH) series - BBH: Foundations; BBH: Walls; and BBH: Mold and Mildew have been updated and are now available for purchase as printed brochures, or as free downloadable PDFs.

Click here for more information.

Visit the Build A Better Home website at www.buildabetterhome.org for additional information on construction details, tips for builders and designers, notes to homeowners on controlling mold, and links to video segments demonstrating proper moisture control techniques in construction applications.

When Tragedy Strikes-A Great Safety Awareness Article on High Rise Balconies/Railing and Keeping Them Safe

Florida Community Association Journal has a great article from last months issue available for free reading on the web. The article discusses railing safety on high rise buildings-pertinent info for any high rise building whether in Florida, Boston, LA, San Jose or wherever your high rise may be...

Joe Sanders, a CMCA credentialed HOA manager wrote this article on high rise balcony safety.

When Tragedy Happens
by Joseph Sanders, CMCA

On occasion, there comes a time when managers responsible for
operating a mid-rise or high-rise building have to deal with tragedy.
This type of tragedy is truly every high-rise manager’s worst
nightmare. That bad dream is someone falling from the building. This
may not happen to a high-rise manager in his or her entire career; yet it
may happen more than once. The chances or odds, if you will, of it occurring
are commensurate with the nature of what a high-rise building is.

Read All of Joe's Article By Clicking Here

Fall Issue of WATERPROOF Magazine is Out

The fall issue of WATERPROOF magazine is out and on the streets...get yours now by subscribing today or read it online at
http://waterproofmagazine.com/current_issue/index.php

Underslab radon barriers, selecting roof systems based on roof pitch and more are all within awaiting your eyeballs. 

New Issue of Waterproof! Magazine is Up on The Web and Out on The Streets

The new issue of Waterproof Magazine is in your mailbox if your a subscriber...or click to read it at Waterproof Magazine's website...

JLC Has a Book Sale Going On...

ACT NOW TO SAVE 50% ON THESE BEST-SELLERS FROM THE JOURNAL OF LIGHT CONSTRUCTION
JLC Field Guide JLC Guide to Moisture Control Troubleshooting Guide Finish Carpentry Residential Structure & Framing Managing the Small Construction Business	The Contractor's Legal Kit JLC Guide to Production Carpentry JLC Guide to Decks and Porches Construction Tips & Techniques Advanced Framing
ALL ON SALE NOW AT HALF-PRICE

The Journal of Light Construction 186 Allen Brook Lane Williston, VT 05495

Contractors-Get a Free Magazine Subscription to TOOLS OF THE TRADE

Here's your chance to get you own complimentary subscription to Tools of the Trade magazine – The construction industry's premier tool magazine. Tools of the Trade is your best source for choosing the right tool for every job, with side-by-side jobsite tool tests, comprehensive coverage of new tools, technologies, and trends in every category, and how-to articles that will help you and your crews maximize jobsite performance. Hurry–the number of free subscriptions is limited – so apply now.

From The Blog of Gregory Johson, Esq-Subcontractor Liable for General Contractor’s Pre-Notice Defense Fees

 Saw this on a Blog, something to pay attention too if your a sub-contractor...

By Gregory Johnson, Esq.

Many states recognize that a liability insurer is not obligated to pay for the defense of a claim until it is notified of the suit. See, e.g., Home Ins. Co. v. National Union Fire Ins. of Pittsburgh, 658 N.W.2d 522, 533 -534 (Minn. 2003). Once notice of the claim is given to the insurer, even without an express request for a defense, the insurer is obligated to pay post-notice fees if the claim is covered by the policy. Does this same principle apply in the context of a general contractor’s indemnity claim against a subcontractor? Is a subcontractor’s liability for attorney’s fees likewise limited to the period after it has received notice of the general contractor’s indemnity claim? Not according to the Michigan Court of Appeals in Ajax Paving Industries, LLC v. Vanopdenbosch Const. Co., WL 2629802 (Mich. Ct. App. 2010) an unpublished decision released in July 2010.
In Ajax, a general contractor and subcontractor executed a subcontract agreement containing an indemnity clause obligating the subcontractor to indemnify the general contractor and hold it harmless against any claims arising out of the subcontractor’s work whether arising before or after completion of the subcontractor’s work. The subcontract, like most of the agreements used in the construction industry, did not obligate the subcontractor to “defend” the general contractor against such claims, but obligated the subcontractor to indemnify the general contractor against “all suits, actions, legal and administrative proceedings, claims, demands, damages, judgments, liabilities, interest, attorney’s fees, costs and expenses.”

READ THE REST BY CLICKING HERE

New Issue of Waterproof! Magazine is Up on The Web and Out on The Streets

Summer 2010

Water Barriers to Withstand Shotcrete:
Shotcrete is a popular choice for tunnels, deep foundations, and other blindside work. But getting waterproofing that’s tough enough to stand up to the abuse is a top priority.


» Read the complete story here «

---

Sump Pumps for the Commercial Market
The larger volumes of water, higher head pressures, and complex dewatering systems involved in commercial work make selecting the right pump for the job more difficult.

» Read the complete story here «

---

Black or White: Roofing Color as an Energy Strategy
While black roofing membranes usually do a great job keeping water out, they may also contribute to higher energy costs and the “urban heat island effect.” The solution may be a simple black-and-white decision.
» Read the complete story here «

Interesting Article-Why Hire a Waterproofing Expert Instead of an Architect or a General Contractor for Your Construction Defect Claims?

Saw this article come up on my Google alerts, it's by David Krubinski, who has a consulting business. He makes some good points and gives us things to consider...
I would caution though that Mr Krubinski also owns a manufacturing company-Nevada Coating Systems. He is also a contractor licensed by the CSLB. ICR Services is his consulting company.

June 15, 2010

By David L.M. Krubinski

In most areas of litigation, hiring experts to inspect, analyze, consult and offer expert opinion testimony is common practice. Attorneys use experts because of an expert’s highly developed skills relative to the subject at issue in the litigation in order to ensure that clients receive superior quality representation. This is often exemplified in courtroom dramas, where ballistic experts may proffer testimony relative to the mechanisms and medical implications of trauma caused by bullets and explosively driven fragments, psychiatrists may offer opinions relative to a defendant’s sanity to assist in the determination of whether an actus reus was accompanied by some level of mens rea to constitute the crime with which the defendant is charged and accountants may testify relative to the significance of key financial documents. What about Construction Defect Litigation? Can an expert be the answer to your success in such cases and, if so, why should you retain a water proofing expert rather than an architect or a general contractor?

READ THE REST BY CLICKING HERE

Interesting-low E Glass melts vinyl siding

Saw this on JLC...very interesting phenomena;

Low-E Windows Blamed for Melted Vinyl Siding

Last winter, when Urbandale, Iowa, builder Mark Parlee was asked to investigate a case of thermally distorted vinyl siding, he was surprised at what he found: A trio of small windows located high on the south-facing wall of a neighboring home was reflecting sunlight onto the north-facing wall of the affected home, creating three focused hot spots — each about 6 inches square — that moved diagonally across the siding in the opposite direction of the sun (see photos). Parlee measured temperatures on the surface of the siding in excess of 200°F at one of these spots, even though the air temperature was only 10°F that day.

READ THE REST AT JLC by clicking here

Article On Construction Defect Litigation from the PROFESSIONAL LIABILITY UNDERWRITING SOCIETY

Found this good article on a Google alert... who ever knew there was a Professional Liability Underwriting Society? You don't want to miss their Christmas parties I bet...

April 2010 - Issue XXIII, Volume 4

Construction Defect Litigation in Arizona Continues to Develop and Evolve

By Brenda Radmacher

After little in the way of case law regarding construction defect litigation in Arizona in the first part of the new millennium, the last few years have seen a number of significant developments involving issues that range from privity of contract requirements to recovery of attorneys' fees. This article reviews some of the recent Arizona court of appeals decisions in this area.

 

 

Allegations of damages from faulty construction trigger a carrier's duty to defend a developer and ongoing damages during the policy period trigger the obligation to defend.

 

In Lennar Corp. v. Auto-Owners Ins. Co., the Court of Appeals held that allegations of damages resulting from faulty construction are sufficient to provide an "occurrence" under a Commercial General Liability (hereinafter "CGL") policy to trigger a duty to defend a developer. The court decision...READ THE REST BY CLICKING HERE

Info To Pass on From ECHO....

Passing it on from my email from ECHO...good info for HOA's

ECHO Legal Update

New Legislation

In Sacramento, the 2010 Legislative Session is in full swing. We are closely monitoring many bills, including several that specifically target association operations:

AB 1726 - Voting Quorums
This bill addresses the situation where there is not a quorum for a member meeting or an election of directors. It would automatically reduce the quorum requirement for the next meeting to 33% of the members entitled to vote.

AB 1793 - Synthetic Grass
This bill expands the restrictions codified in 2009 by AB 1061. It voids provisions in governing documents that prohibit the use of artificial turf or any other synthetic surface that resembles grass.

AB 1927 - Rental Rights
For governing documents amended, adopted or recorded on or after January 1, 2011, this bill requires that 2/3 of all owners vote to approve rental or lease restrictions.

Visit our Legislation at a Glimpse page to see all 7 bills on ECHO's watch list, including our position and links to the text of each bill.

Legislation at a Glimpse

Email Your Disclosures

In 2009 the Governor signed AB 899, expanding the rights of HOAs to send electronic disclosures to their members. However, the new law contains several restrictions and caveats.

From the Wine Country Seminar — "Prior to January 1, 2010, the Davis-Stirling Act allowed electronic (email) distribution of only the notices related to rule changes. Now, an association can use email to distribute the new Disclosure Document Index and the documents listed on the Disclosure Document Index in addition to the rule change notices; but only to members that have given prior consent, in a form that meets specific requirements, to receiving the notices by email. Civil Code §1350.7

Documents can be electronically delivered only to members who have consented to email delivery in a manner that meets the requirements of the Corporations Code. The consent must be in writing and provide an email address, it must clearly state whether it applies to just one delivery or to certain categories of documents, and it must state that it can be revoked and give the procedures for revoking consent. The email transmission must create a record that can be retrieved, reviewed and retained. The email transmission must also be in a form that can be printed and must state that a member has a right to obtain a paper copy of the documents. Corporations Code §20

Email delivery is still not permitted for ballots, meeting notices, pre-lien and collection notices, hearing and violation notices, or requests for alternative dispute resolution. Newsletters and other communications not controlled by Davis-Stirling may be distributed by email."

Haven't heard our 2010 Statute and Case Law Update? Catch it again at our South Bay Seminar on April 17th. Sign up online by April 7 to get 2009 prices, or download the registration form. Visit the event page for details.

Email Your Disclosures

Davis-Stirling Revision

In February, the California Law Revision Commission (CLRC) completed its re-statement of the Davis-Stirling Act and released the draft for public comment. Although the CLRC does not intend to make substantive changes to the law, it has worked for several years to clarify and simplify the language. ECHO is reviewing the draft and will provide comments to the Commission for its meeting on August 19. Download the draft on the ECHO website.

CLRC Davis-Stirling Draft

Your Comments Welcomed

Let us know if the ECHO Legal Update is delivering the kind of information and resources that you want to receive. We read and respond to every email. Please send your comments to Tyler Coffin (tcoffin@echo-ca.org). Thank you!

April's REGENESIS REPORT is Now Published Online

HOA's here is relevant and timely advice from our friends at Regenesis.net....

The Regenesis Report (National Edition) April 2010 is now available for viewing at www.Regenesis.net

IN THIS EDITION

Elect the Select.  How to pick the best for the board.
Ask the HOA Expert™.  Another set of intriguing Q&As.
12 Pet Rule Provisions.  Sit! Stay! Stay dammit!
Frequency of Recency.  Don’t be guided by the urgent.
Paint Prep Primer.  Preparation is 2/3rds of the job.
Threat Principle.  Threats work but watch your backside.
On Friendship.  The Prophet speaks.
A Bit o’ the Blarney.  Some Irish humor.

ADVERTISERS  The Regenesis Report reaches over 10,000 homeowner association boards and managers nationwide each month.
For advertiser information, see www.regenesis.net/advertise.htm

SELF MANAGED HOA? Regenesis.net is specifically designed to assist self managed HOAs with management issues. 
Besides the personalized Ask the HOA Expert™ service, there is a vast number of self-help resources. 
All for only $99/year.  For details, see www.Regenesis.net/SubscriberInformation.htm

 

Why not share The Regenesis Report with someone you love?

Richard L. Thompson
The HOA Expert™
www.Regenesis.net

Allen Face's Rules for subcontractors...

I am reading the March issue of Concrete Construction from Hanley Wood. There's a good article by Allen Face on rules to live by when on a  job...

Now he was discussing concrete flatwork so his language is specific to that trade, but with a couple small changes, it can be applied to any trade.

I took one of his rules and as it to fits waterproofing or any trade without changing a thing, I quote from Allen Face "Rule 6d: Never accept any demand that requires you to abandon your better judgment, unless it is in writing and unless it relieves you of all liability for any adverse consequences."

See the rest of Allen's rules and fit them to apply to your trade, you'll be better off for it. CLICK HERE TO READ

New Regenesis Report is Out on The Web

Our friends at Regenesis.net, Rich Thompson, brings another great newsletter to HOA's-check it out and subscribe!

The Regenesis Report (National Edition) March 2010 is now available for viewing at www.Regenesis.net

IN THIS EDITION

Committees 101.  Form them, charge them and set them loose.
Ask the HOA Expert™.  Another set of intriguing Q&As.
8 Components of a Rule.  The essentials for effectiveness.
Surviving an HOA.  The art of communication.
The Silver Lining.  Benefits of HOA living.
Tension Principle.  It drives change.
When the Wind Blows.  Is your life secure?
Davebarryisms 7.  More wit from Dave.

ADVERTISERS  The Regenesis Report reaches over 10,000 homeowner association boards and managers nationwide each month.
For advertiser information, see www.regenesis.net/advertise.htm

SELF MANAGED HOA? Regenesis.net is specifically designed to assist self managed HOAs with management issues. 
Besides the personalized Ask the HOA Expert™ service, there is a vast number of self-help resources. 
All for only $99/year.  For details, see www.Regenesis.net/SubscriberInformation.htm

 

Why not share The Regenesis Report with someone you love?

Richard L. Thompson
The HOA Expert™
www.Regenesis.net

Expert's Recommend Usinga Pro When...

Expert's recommend using a pro when... (from the Wall Street Journal)

 

When It's Best to Go With a Pro

By AMY HOAK

2 When water is involved.

Leaks and water damage can lead to more costly and complicated repairs. If left unfixed, they can lead to mold -- which affects air quality and if found during an inspection can be a deal breaker on a home sale.
Water-related projects don't have to strictly involve your home's pipes. Putting in a skylight might seem like a do-it-yourself job you can handle. Do it incorrectly, however, and you could end up with a leaky roof, water damage and mold.
"If you're lucky and it leaks, you will see the leak," says Mr. Knox. If you're not lucky, leaking can start inside the ceiling and drip behind the walls, causing damage to drywall and wooden beams, he adds.
Mr. Knox says 90% of all construction-defect claims on jobs done by professionals are due to water intrusion, so "it escalates when you go to DIY."

Read the rest of when it's best to use a pro by clicking here