The Regenesis Report (National Edition)

The Regenesis Report (National Edition) August 2011 is now available.  Go to www.Regenesis.net and LOGIN

IN THIS EDITION

Better Letters.  Carefully crafting your communications.
Ask the HOA Expert.  Another compelling Q&A.
What is a Reserve Study?  The essence of an HOA's essential planning.
Dealing with Difficult People.  Nudge, nudge, say no more.
HOA Websources.  Streamline your information distribution system.
Arborists Are Tree-mendous.  Your trees' best friend.
Life Skills Checklist.  The traits of an effective leader.
The Yellow Light.  To run or not to run?
Solving Problems.  What doesn't kill makes stronger.
Two Buck Donkey.  Ponzi would be proud.

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Help Wanted- Concrete Coatings Regional Rep

From a Linked In Group I belong too...

Regional Sales Representative for Concrete Coatings

My name is Jim McKenna; I am the Managing Director of a Talent Acquisition firm named Definitive Search Partners that specializes in recruiting for the Building Products industry. Currently I am working on an opportunity with a Key Client of mine who is a manufacturer of Commercial Concrete Coatings who is looking for two Regional Sales Representatives, one in Minnesota and a second in Indiana. This Manufacturer is requiring the candidates to have a sales background selling to contractors and working with Engineers and architects in Commercial Concrete Coatings. 

I'd like to talk to you as soon as possible to see if this is an opportunity you or anyone you know may be interested in looking at. I look forward to talking with you soon; the best way to contact me is through e-mail at jmckenna@dspglobal.net. 

Thanks
Jim

Saponification of waterproofing material: Is there trouble just beneath the surface?

Saponification of waterproofing material: Is there trouble just beneath the surface?

By Peter Craig

After 25 years involvement with exteriorwaterproofing in Florida, I am very aware of how dynamic this area of construction is. New products and techniques are constantly developed to meet market needs and niches. However, not all new products or methods have performed as anticipated. The result is that some waterproofing systems and installation methods have evolved through learning from our collective mistakes to what they are today.

When dealing with forensic investigation of older waterproofing applications, we have to bear this in mind when we evaluate the problems. The system may have been correctly installed per the recommendations and industry standards at the time, although the standards have since evolved.

One example is concrete repair over this period. The last 25 years has seen many new products introduced, seen repair methods evolve from "patches" to "repairs", and the establishment of the International Concrete Repair Institute (ICRI) to help set and maintain industry standards.    

Another is the waterproofing of plaza decks. About a decade ago, the acceptable "standard" within the waterproofing industry for plaza decks included using cold fluid-applied emulsion or polyurethane coatings, and did not include a drainage board or drainage mat. There was concern that a drainage layer would act as bond breaker.

If a drainage mat was specified it was often a budget cut victim.

READ THE REST OF THIS IMPORTANT ARTICLE BY CLICKING HERE

Unlicensed Contractor, HOA, Injured Worker...This Can't Be Good, But There's a Lesson Here Too!

GONZALEZ v. DeBERRY

LUIS GONZALEZ, Plaintiff and Appellant,

v.

ANDREA DeBERRY ET AL, Defendants and Respondents.

No. A125251.

Court of Appeals of California, First District, Division Two.

Filed July 25, 2011.

BACKGROUND

Respondents Andrea DeBerry and Alice Farrelly are the owners of a three-story condominium building located on Sacramento Street in San Francisco. They set up the "3515-17-19 Sacramento Street Homeowners Association" (HOA) and serve as its officers. The HOA manages the property and contracted with Bruce Parsley to paint the exterior of the building. The Covenants, Conditions, and Restrictions (CCRs) of the HOA mandated that the HOA "shall acquire and maintain . . . [w]orker's compensation insurance to the extent necessary to comply with any applicable law." However, when the HOA negotiated the painting contract with Parsley, he lied and said that he maintained both general liability insurance and workers' compensation insurance. He also provided fake documentation of non-existent insurance. Respondents state that they relied on these false representations and "assumed" that since Parsley was insured he must also be licensed.

Appellant was a member of Parsley's painting crew in September 2005 when he was injured. He was suspended in a bosun's chair,² and working near the top of the building's interior light well, when the chair's rigging snapped and dropped him approximately 20 feet to the bottom of the shaft. Appellant suffered serious injuries, including damage to both shoulders and numerous fractured bones. Parsley was cited under the California Occupational Safety and Health Act (Cal-OSHA) (§ 6300 et seq.) for three workplace safety violations, including a citation for the "worn" rigging line that broke and caused appellant's fall.³

Appellant applied to the Workers' Compensation Appeals Board (WCAB) and also filed this action. Since Parsley had no insurance, the Uninsured Employers Benefits Trust Fund (UEBTF)⁴ joined the other respondents as a party pursuant to the provisions of sections 3715 and 3716. In 2008, the UEBTF settled appellant's claim against the Fund for $25,000. Respondent DeBerry's Homeowners policy insurer and the HOA each contributed $4,444 under the terms of the settlement agreement executed by the parties, which also recited that it did not "resolve the appellant's superior court case for negligence filed in connection with the subject accident" and that respondents were not "willfully uninsured."

READ THIS CASE BY CLICKING HERE

Unlicensed Contractor, HOA, Injured Worker...This Can't Be Good, But There's a Lesson Here Too!

GONZALEZ v. DeBERRY

LUIS GONZALEZ, Plaintiff and Appellant,

v.

ANDREA DeBERRY ET AL, Defendants and Respondents.

No. A125251.

Court of Appeals of California, First District, Division Two.

Filed July 25, 2011.

BACKGROUND

Respondents Andrea DeBerry and Alice Farrelly are the owners of a three-story condominium building located on Sacramento Street in San Francisco. They set up the "3515-17-19 Sacramento Street Homeowners Association" (HOA) and serve as its officers. The HOA manages the property and contracted with Bruce Parsley to paint the exterior of the building. The Covenants, Conditions, and Restrictions (CCRs) of the HOA mandated that the HOA "shall acquire and maintain . . . [w]orker's compensation insurance to the extent necessary to comply with any applicable law." However, when the HOA negotiated the painting contract with Parsley, he lied and said that he maintained both general liability insurance and workers' compensation insurance. He also provided fake documentation of non-existent insurance. Respondents state that they relied on these false representations and "assumed" that since Parsley was insured he must also be licensed.

Appellant was a member of Parsley's painting crew in September 2005 when he was injured. He was suspended in a bosun's chair,² and working near the top of the building's interior light well, when the chair's rigging snapped and dropped him approximately 20 feet to the bottom of the shaft. Appellant suffered serious injuries, including damage to both shoulders and numerous fractured bones. Parsley was cited under the California Occupational Safety and Health Act (Cal-OSHA) (§ 6300 et seq.) for three workplace safety violations, including a citation for the "worn" rigging line that broke and caused appellant's fall.³

Appellant applied to the Workers' Compensation Appeals Board (WCAB) and also filed this action. Since Parsley had no insurance, the Uninsured Employers Benefits Trust Fund (UEBTF)⁴ joined the other respondents as a party pursuant to the provisions of sections 3715 and 3716. In 2008, the UEBTF settled appellant's claim against the Fund for $25,000. Respondent DeBerry's Homeowners policy insurer and the HOA each contributed $4,444 under the terms of the settlement agreement executed by the parties, which also recited that it did not "resolve the appellant's superior court case for negligence filed in connection with the subject accident" and that respondents were not "willfully uninsured."

READ THIS CASE BY CLICKING HERE

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