Construction Accident Claims Painters Life

It can happen anytime, anywhere...construction sites are dangerous!

RIP Paul Thompson-48 years old.
FROM PAINT SQUARE'S DAILY EMAILED NEWS...

Friday, April 9, 2010

Painter Electrocuted at Work Site

A 48-year-old painter from the Pittsburgh area was electrocuted while painting a Habitat for Humanity complex last week.
Paul Thompson was working at the facility in New Kensington, Pa., about 2:50 p.m. Wednesday when he somehow came in contact with several high-voltage power lines and suffered cardiac arrest. Rescue workers reported that Mr. Thompson had been using a metal or fiberglass pole that touched the lines.
Reports varied on how the accident occurred. Some witnesses said that Mr. Thompson had been painting an exterior wall at the time, while others said that he had been working on the roof. Still others said that Mr. Thompson and his partner had been leaning out from the roof to spray-paint along the walls near the power lines.
The co-worker reportedly performed CPR on Mr. Thompson for several minutes until paramedics arrived. But neither he nor they were able to revive Mr. Thompson, and he was pronounced dead a short time later at Allegheny Valley Hospital, according to news reports.
Mr. Thompson was in his second day of employment with Modern Painting and Decorating, a family-owned residential painting company based in nearby Springdale, reports said. The company did not respond to a request for comment on Friday.
Habitat for Humanity rents space in the building for the ReStore, a retail outlet that sells home-improvement and decorating items as a fundraiser for the charity.

From our Friends at Davis Stirling.com-POTTED PLANTS ON BALCONIES

POTTED PLANTS ON BALCONIES

QUESTION: One of the homeowners put huge potted plants on his balcony. If water eventually weakens the balcony, who is responsible for repairing it?
ANSWER: It depends.
Balcony Structure. The structure is almost always the responsibility of the association to maintain. The only exception I've seen is when the balcony is added to the building by the unit owner (with the association's permission). When that happens, we require the owner to sign a recordable covenant that makes him/her responsible for the repair and maintenance of the balcony structure.
Balcony Surface. When it comes to the balcony surface, your governing documents control (assuming they address the issue). If the association is responsible for waterproofing the surface, then the board should make sure it keeps everything waterproofed. More often than not, governing documents are unclear or silent on the issue of deck maintenance. In that case, the Davis-Stirling Act resolves the ambiguity by stating that "Unless otherwise provided in the [CC&Rs] . . . the owner of each separate interest is responsible for maintaining . . . any exclusive use common area appurtenant to the separate interest." Civil Code 1364(a). That means owners are responsible for maintaining their balcony's waterproofing surface (which is the norm for most associations).
Negligent Maintenance. If an owner tiles the balcony deck or fails to properly maintain the waterproofing and this leads to damage of the balcony's structure, the association could hold the owner responsible for the damage. Normally, there are provisions in the CC&Rs that allow associations to charge an owner for the cost of repairing damage caused by their negligence. If the CC&Rs are silent, the Davis-Stirling Act allows boards to impose reimbursement special assessments in the form of a monetary charge and to collect it through lien and foreclosure (provided the authority to impose a lien is in the governing documents). Civil Code 1367.1(d).

Reprinted from
Davis-Stirling.com by Adams Kessler PLC

Coatings won't Stop This Problem-Swamped by sulfates, Meadows HOA files suit

Concrete degradation can occur from many airborne contaminants. But when the problem is in the ground, no coating can stop this problem...read on!

Swamped by sulfates, Meadows HOA files suit With sulfates causing patios to crumble and wall foundations to be less secure, the Maricopa Meadows subdivision homeowners association is taking part in a claim against the subdivision developer.

Filed last month and being handled by Phoenix-based attorney John Chaix, the lawsuit came about in response to a questionnaire filled out by residents, which revealed a high number of those in the subdivision suffering from similar sulfate issues.

In communication to residents asking for those who wish to sign up to be part of the lawsuit, Chaix identifies more than 200 residents in the Meadows who claimed some measure of damage caused by sulfates – a mineral salt, which eats away at the concrete and walls of many homes.

According to the same letter, a special Type V mixture of concrete should have been used to avoid the deterioration problems now being seen. READ THE REST BY CLICKING HERE

Arizona Supreme Court Clarifies Economic Loss Doctrine

Arizona Supreme Court Clarifies Economic Loss Doctrine

By Thomas A. Stoops

STOOPS, DENIOUS, WILSON & MURRAY, P.L.C.

            The recent Arizona Supreme Court opinion in Flagstaff Affordable Housing, L.P. v. Design Alliance, Inc., CV-09-0117-PR, clarified the application of the “economic loss doctrine” which bars plaintiffs in certain circumstances from recovering economic damages in tort. The Supreme Court noted that it had previously applied the economic loss doctrine only in products liability cases but now extended it to construction defect cases, and held that a property owner is limited to contractual remedies when an architect’s negligent design causes economic loss but no physical injury to persons or other property. The Supreme Court catalogued a number of confusing and apparently inconsistent holdings dealing with the application of the economic loss doctrine and attempted to clarify its application. The Court extended the economic loss doctrine to design professionals in construction defect cases, observing that it had not addressed the issue of economic loss doctrine since the 1984 case of Salt River Project Agricultural Improvement and Power District v. Westinghouse Electric Corp., 143 Ariz. 368, 694 P.2d 198 (1984).

Because of a good deal of confusion about the definition of the “economic loss doctrine” the Supreme Court began by clarifying terminology. The Court’s definition of economic loss is...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!

Help Wanted at Quest Building Products

Passing it on from Quest Building Products blog...

Now Hiring!

Service Technician & Driver
Reliable and organized person needed for mid-sized construction equipment rental company to repair concrete equipment, gas, diesel, and electrical engines.
Safely load and unload trucks, plan weight capacity and proper distribution, plan route, and ensure customer satisfaction through timely and accurate deliveries, meet with customers and explain correct use of equipment.

• Must have good driving record and authorize an MVR and DMV pull.
• Able to lift 100 lbs.
• Maintain spare parts inventory
• Research parts on the internet.
• Must count all equipment received and delivered to ensure accuracy
• Forklift driving experience is a plus.
• Spanish speaking is a plus.
• Full Time: 7am – 4pm
• 1-2 Years Experience  
• High school graduate
• Starting pay range: $10.00 – $13.00
• Medical benefits after 90 days
• Paid Vacation & Holidays after 90 days
• Must pass a Physical, Drug Test, and Background Check.

1129 North Patt Street | Anaheim, Ca 92801