From Community Associations Network-Lawsuit Filed By Laguna Woods Says Professional Community Management Employees Got Paid 5 Million over 10 Years in "Incentives"

You decide, does this type of arrangement benefit a HOA or are they getting screwed? PCM in Orange County had some arrangement where employees got paid incentives-Under the plan, PCM paid employees 30 percent of the savings if projects in the community came in under budget, and the community received the remaining savings.

The problem I see here is there is a definite cause for employees to use vendors against one another, and those who might be in favor with PCM could possibly get special consideration. 

Dirty, stinks and they can say they disclosed to the Boards, but I say unethical.

Read the article starting here
LAGUNA WOODS – The boards of Laguna Woods Village's four homeowners associations were told in closed sessions about an incentive plan that paid property management employees more than $5 million over the course of a decade, said Jerry Storage, general manager for Professional Community Management.
Storage released a statement Monday responding to a lawsuit against PCM filed by one of the associations, Third Laguna Hills Mutual, claiming fraud, negligence and elder abuse. Third Mutual, which governs more than 6,000 condominium units in the community, claimed the management company breached its fiduciary duty by not disclosing to board members and residents an employee incentive plan, according to the statement released Friday.

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From Davis Stirling.com-Growing Pot On Balconies/Patios

Reprinted from Davis-Stirling.com by Adams Kessler PLC

SMOKING POT

QUESTION: We have a resident who is smoking "pot" and growing marijuana on his patio (2 large plants) in full view of residents. He says he has a permit to do so. Is this allowed?

ANSWER: When faced with a similar situation, one of my condo boards approved, provided the resident shared his stash. Other boards, however, may wish to prohibit the growing and smoking of pot on balconies.

Federal Law. The Controlled Substances Act makes it unlawful to manufacture, distribute, dispense, or possess any controlled substance. 21 U.S.C. 801. The federal government does not recognize any acceptable medical use for marijuana. 21 U.S.C. 812(b)(1). California, on the other hand, legalized marijuana for medical purposes.

Medical Marijuana. Medical marijuana is authorized by Health & Safety Code 11362.5 et. seq. for the treatment of serious medical conditions, and is administered by California's Department of Public Health. Upon obtaining a recommendation from their physician for use of medicinal marijuana, patients may apply for and be issued a medical marijuana identification card. ID cards may be verified at www.calmmp.ca.gov. With one exception, qualified patients may possess no more than eight ounces of dried marijuana. H&S Code 11362.77(a).

Restrictions. Just because someone has a permit to use medical marijuana does not mean he can light up whenever and wherever he wants. For example, users cannot smoke a joint in a courtroom or inside any governmental buildings (Gov. Code 7597), or within 20 feet of a main exit, entrance, or operable window of any public buildings (Gov. Code 7597), or in any workplace (Labor Code 6404.5), or on school grounds, or while operating a vehicle (H&S 11362.79). Reasonable restrictions may be imposed on the use of medical marijuana.

Quiet Enjoyment. Based on the nuisance provisions in CC&Rs, secondhand smoke, whether cigarette, cigar, marijuana or otherwise, that drifts into the windows of other units, balconies, or common areas can be restricted. Members have a right to the quiet enjoyment of their own units and should not have to endure the problems associated with secondhand smoke wafting into their units. If associations prohibit smoking on balconies, it should be all smoking, not just marijuana. Otherwise, the restriction may be struck down as discriminatory.

Reasonable Accommodation. An association's power to prohibit medical marijuana inside units is less clear. Health & Safety Code 11362.79 implies that smoking medical marijuana in one's residence is allowed. As a result, boards should not prohibit pot smoking in units but, instead, should address the nuisance aspects. As long as the smoke does not create a nuisance and provided the person has been authorized to use medical marijuana, smoking it in a unit should be allowed.

Inside Units - Nuisance. If the user cannot confine the smoke to his own unit, the smoke becomes a nuisance that must be abated. The smoker can be required to take appropriate measures to cease his violation of the CC&Rs. The person may need to run HEPA filters inside his unit, seal all penetrations in walls, ceilings and floors, and install weather stripping and door sweeps on doors to stop smoke from migrating into the common areas and surrounding units.

Growing Pot. Qualified persons are allowed to cultivate marijuana (H&S 11362.775) but may not keep more than six mature or 12 immature plants (H&S 11362.77(a)). Just as smoking marijuana has limitations, growing it can be regulated. Boards could require that plants be grown in the person's unit and not on balconies.

RECOMMENDATION: Boards who encounter this issue should seek legal counsel.

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?

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Duradek Announces PLAZADEK for paver or duckboard overlay's

***For Immediate Release***
June 15, 2010
Duradek Ultra Plazadek—
The ideal solution to waterproofing under pavers and duck boards
www.duradek.com
SURREY, BC (June 15th, 2010) - There seems to be a trend towards many of the higher priced houses using pavers or duck boards as the deck finish over living space. The walking surface provides the visual part but the real important work is done by the waterproof membrane. Duradek’s Ultra PLAZADEK is the ideal choice to protect the building owner’s investment.
Since 1974, Duradek PVC membranes have been used to waterproof decks, balconies and roof decks. Well over a hundred million square feet of Duradek has been installed all over North America and it has proven itself to be a durable, attractive and relatively maintenance free waterproofing system.
Duradek Ultra PLAZADEK is a “model” of Duradek Ultra designed specifically for a paver or duck board overlay.
What makes Duradek Ultra PLAZADEK different from the alternatives... PLAZADEK is installed by trained applicators, so you have the peace of mind knowing the installation is professionally done. PLAZADEK is an approved roofing membrane, so the structure below does not incur expensive water damage. PLAZADEK has a manufacturers 10 year warranty on waterproofing. PLAZADEK has many options for perimeter details, so you can choose the look of your finished project.
Duradek Ultra PLAZADEK is produced by Duradek, the original waterproofing sheet vinyl that has been solving unique waterproofing problems throughout North America for over 35 years. With the same roofing approvals, the same proven installation techniques, and the same network of professional and trained applicators, Duradek Ultra PLAZADEK is the ideal choice for a roofing approved waterproofing membrane.

From DavisStirling.com-Can the BOD ban planters on exclusive use decks?

FROM OUR FRIENDS AT DAVIS-STIRLING.COM

PLANTERS ON BALCONIES

QUESTION: Can the board prohibit planters on exclusive use decks, to protect them from damage from leaks and weight? Can the board adopt rules rather than change the CC&Rs?
ANSWER: Yes, boards can adopt reasonable rules to protect decks from damage, including limits on the size and number of potted plants and prohibitions against planters. Even though condominium balconies are for the exclusive use of the unit to which they are attached, they are still common area structures. Boards can regulate balconies without amending the CC&Rs, provided the rules adopted do not contradict the CC&Rs. Balconies on homes in PUDs would be subject to less regulation since they are not common area structures.

                                  Reprinted from
Davis-Stirling.com 

by Adams Kessler PLC

FOR MORE INFORMATION  ON DECK COATINGS, DECKS AND HOA ISSUES WITH DECKS, VISIT US AT www.deckexpert.com today!

New walkable cool roof introduced by Skyline Building Systems-

New walkable cool roof introduced by Skyline Building Systems-

Calgary, Alberta (PRWEB) June 3, 2010 -- Skyline Building Systems Inc., a manufacturer of walkable roofing and outdoor waterproof flooring, is proud to announce the arrival of its newest member, CoolStep, to the DecTec family of brands. According to Grant Lawton, Business Development Manager for DecTec Products, “CoolStep, which has been in development for the past three years, is a natural evolution of our exterior waterproof flooring and walkable roofing products. Given the recent trends in energy awareness and sustainability,” Lawton continues, “Consumers are demanding more and more from the products they incorporate into their homes, and that demand must be met by both Design Professionals and Manufacturers.” 
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