No mechanics lien rights for condo common area.

By Edmund A. Allcock

On December 20, 2011, the Appeals Court ruled in an unpublished decision brought by a contractor against a condominium trust that mechanics liens imposed by contractors are inapplicable in the condominium context and cannot be utilized to attach common areas and/or secure contractor claims for non-payment. The case involves a subcontractor who was not paid by a general contractor hired by the condominium trust to perform work at a condominium. The general contractor went bankrupt towards the end of the project and did not fully pay the subcontractor. With no chance of a recovery in bankruptcy, the subcontractor filed a statutory mechanics lien against the condominium building and then filed a lawsuit to enforce the lien against the condominium trust. The subcontractor also asserted a claim for unjust enrichment against the condominium trust (i.e. that the condominium trust should pay the subcontractor since the condominium trust received the benefit of the work performed on the building.

Read the rest by clicking on this link. http://www.meeb.com/meeb-legal-alerts/appeals-court-rules-that-mechanics-liens-do-not-attach-to-common-areas/

CSLB Press Release: CSLB Fresno Sting Sends 21 to Court for Ripping Off Consumers

www.cslb.ca.gov     |     CheckTheLicenseFirst.com     |     SeniorScamStopper.com

 

FOR IMMEDIATE RELEASE:  January 18, 2012

CSLB #12-01
CSLB Media Contacts

Rick Lopes
Chief of Public Affairs
916.947.8828
rlopes@cslb.ca.gov  

Melanie Bedwell
Public Information Officer
916.255.4717
mbedwell@cslb.ca.gov

Venus Stromberg
Public Information Officer
Spanish Language Media
916.860.9431
vstromberg@cslb.ca.gov

 

 

CSLB Fresno Sting Sends 21 to Court for Ripping Off Consumers
Unlicensed, uninsured construction activity targeted during two-day undercover operation

 

SACRAMENTO – Most of the 21 individuals caught by the Contractors State License Board's (CSLB) Statewide Investigative Fraud Team (SWIFT) during an undercover sting operation at a Fresno County home near Fig Garden on January 11 and 12, 2012, were found to be illegally charging excessive up-front payments. The Fresno County District Attorney's Office, Employment Development Department, California Highway Patrol, and the Fresno Police Special Investigations Bureau assisted in the two-day operation.

Tips from the Central California Better Business Bureau, as well as suspected illegal print and online advertisements, helped identify the illegal operators. Investigators posed as homeowners, and contacted the suspected non-licensees, seeking bids for plumbing, painting, tree trimming, fencing, landscaping, and general construction projects. The 21 suspects who bid more than $500 for labor and materials received notices to appear in court for contracting without a license, in violation of California Business and Professions (B&P) Code section 7028. Contractors are also required to place their state contractor license number in all advertisements, under B&P Code section 7027.1.

Sixteen individuals solicited more than the legal down payment amount (10 percent of the contract price or $1,000, whichever is less) and will face additional charges for violating B&P Code section 7159.5 (a)(3)(b). The district attorney will also charge five of the sting suspects for failure to have workers' compensation insurance coverage for their employees, in violation of Labor Code section 3700.5.

Two suspects are not strangers to CSLB. Hilario Ortiz, 52, of Larry's Flooring and Home Repair in Fresno, said he was "through." Ortiz was caught in two CSLB stings in 2010. James Lawrence Campbell, 40, of Fresno, had an outstanding warrant for not showing up for sentencing after entering a plea of contracting without a license and illegal advertising in a prior case. Unlicensed fencing contractor Martin Mendoza, 35, of Fresno, is a registered sex offender. Since 2005, state law has required that those applying for new licenses or an additional license classification must submit fingerprints for a Department of Justice background check.

"Before looking for a home improvement contractor, consumers should review CSLB's easy-to-read 10 Tips to Making Sure Your Contractor Measures Up flyer, which is available in English, Spanish, and several other languages on our website," said CSLB Registrar Steve Sands. "The next step should be to check the license online or through our toll-free number to be sure the contractor meets state standards in the appropriate trade, follows state laws, and has workers' compensation coverage for employees. The last thing a homeowner wants is to be financially responsible for a contractor's employee who is hurt while working on their property because the employer didn't carry workers' compensation insurance."

The following suspects, cited the first day of CSLB's operation, are scheduled for arraignment on February 28, 2012, in Fresno County Superior Court, 1100 Van Ness Avenue:

DAY 1:

SUSPECT'S NAME, BUSINESS, AND CITY

AGE

WORK

CLASS

VIOLATIONS

 

Alvaro DeZubiria, Jr.

Mainstream Plumbing

Fresno

58

Plumbing

 

Use of a license number not issued to the individual, contracting without a license, illegal advertising, soliciting excessive down payment

Manuel Madera

Fresno

43

Painting

Contracting without a license, illegal advertising, soliciting excessive down payment

James Lawrence Campbell

Fresno

41

Painting

Contracting without a license, illegal advertising, soliciting excessive down payment

*Warrant on prior CSLB case

Willie Ed Johnson, Jr.

Fresno

51

General Construction

Contracting without a license, soliciting excessive down payment

Johnny Griego Garcia

Fresno

63

Tree Services

Contracting without a license, illegal advertising, soliciting excessive down payment

Johnny Guerrero Garcia, Jr.

Fresno

43

Tree Services

Contracting without a license, illegal advertising, soliciting excessive down payment, no workers' comp

Redwine Thornten Carroll,II

R.T.C.2

Clovis

51

General Construction

Contracting without a license, illegal advertising, soliciting excessive down payment

 

Martin Mendoza

Mendoza Fencing

Fresno

35

Fencing

Contracting without a license, no workers' comp

*Registered sex offender

 

Luis Luz-Gonzales

Fresno

27

 

Painting

Contracting without a license, illegal advertising, soliciting excessive down payment, no workers' comp

Juventino Espinoza

Cutler

43

Landscaping

Contracting without a license, illegal advertising, soliciting excessive down payment

Anthony Michael Romero

Kingsburg

32

Concrete

Contracting without a license, illegal advertising

 

Individuals cited the second day of CSLB's operation are scheduled for arraignment on March 6 and 13, 2012, in Fresno County Superior Court, 1100 Van Ness Avenue:

DAY 2:

SUSPECT'S NAME, BUSINESS, AND

CITY

AGE

WORK

CLASS

VIOLATIONS

 

Antonio Arnaldo Lemus

Custom Painting

Fresno

47

 

Painting

 

Contracting without a license, illegal advertising, soliciting excessive down payment, no workers' comp

Brian Karl Craighead

Home Projects and Repair

Auberry

36

General Construction

 

Contracting without a license, illegal advertising, soliciting excessive down payment

Gilbert Joseph Bustos

Handy Man Services

Fresno

60

Painting

Contracting without a license, illegal advertising, soliciting excessive down payment, no workers' comp

Matthew Wayne Leazer

Fresno

48

 

General Construction

Contracting without a license, soliciting excessive down payment

 

Ricardo Guizar-Reyes

Fresno

36

Plumbing

Contracting without a license, illegal advertising

Hilario Ortiz

Larry's Flooring & Home Repair

Fresno

52

General Construction

Contracting without a license, illegal advertising, soliciting excessive down payment

 

Travis David Hensley

Fresno

22

Tree Services

Contracting without a license

 

Donato Joaquin Canzio

Fresno

28

General Construction

Contracting without a license, illegal advertising, soliciting excessive down payment

Sergio Abel Cuevas

Fresno

26

Painting

Contracting without a license

 

Jose Francisco Perez

Fresno

23

Painting

Contracting without a license, illegal advertising, soliciting excessive down payment

 

CSLB urges consumers to follow these tips before hiring anyone to work on their home:

·                     Hire only licensed contractors and ask to see their license and a photo ID to verify their identity. 

·                     Always check the license number on CSLB's website at www.cslb.ca.gov or www.CheckTheLicenseFirst.com to make sure the license is in good standing.     

·                     Don't pay more than 10 percent or $1,000, whichever is less, as a down payment. There is an exception for about two dozen licensees who carry special bonds to protect consumers. These exceptions are noted on CSLB's website.

·                     Don't pay in cash, and don't let payments get ahead of the work.

·                     Get at least three bids, check references, and get a written contract.

The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs.  More information and publications about hiring contractors are available on the CSLB website or by calling 800-321-CSLB (2752). You can also sign up for CSLB email alerts. CSLB licenses and regulates California's 300,000 contractors, and is regarded as one of the leading consumer protection agencies in the United States. In fiscal year 2010-11, CSLB helped recover nearly $45 million in ordered restitution for consumers.

# # #

 

 

 
This email was sent because you subscribed to the email alert feature on the Contractors State License Board (CSLB) website, www.cslb.ca.gov, or because you earlier indicated an interest in receiving CSLB materials electronically. Your email address is not shared with third party sources. To unsubscribe, please visit our unsubscribe page.

Copyright © 2012

 

 

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APRA Advisor - Homeowner Association Information

Association of Professional Reserve Analysts (APRA) is the national trade association for those that hold the Professional Reserve Analyst (PRA) credential.  
Membership is open to reserve study providers and those that provide related services.  For membership information and the latest APRA Advisor, go to www.apra-usa.com

IN THIS EDITION
Start to Finish Contracting.  Get what you paid for.
Preparing to Paint.  Get local paint company expertise for free!
Good Neighbor Fences.  It's pure poetry.
Snow Joke.  Flake off your roofs, streets and walkways.
Rainy Day Planning. Do it now before the storm hits.
Hillbilly Whizdum.  A day without sunshine is like night.

2012 APRA Symposium. Save the date: May 5-6 in Las Vegas.

APRA INSTITUTE
Provides cutting edge education for reserve study providers.  See www.apra-usa.com for details.

ADVERTISERS 
APRA Advisor is distributed to over 10,000 HOA board members and managers nationwide. 
For advertiser information, email APRA@teamwi.com

Richard Thompson  PRA™
President
Association of Professional Reserve Analysts

To unsubscribe, email rich@regenesis.net with UNSUBSCRIBE

LinkedIn Network Updates, 1/18/2012

	Twitter Can Expand Your LinkedIn Network - Add Your Twitter Account Now » LinkedIn Network Updates, Jan 11 - Jan 18 Featured Updates View All Updates   NEW CONNECTIONS   Bill Leys is now connected to Gary Erickson and 2 other people   POSTS Bill Leys (@deck_expert) Score! Fuel rewards at Vons gets me 20¢ off per gallon..."only" $3.44 per gal today. via Twitter Reply Bill Leys Unless there is a hole through the deck coating, its not leaking. 99% of deck leaks are from flashings, a door or more likely the sat dish kn the wall, the electric box on the wall or a pipe penetration. Find our more at www.deckexpert.com Comment Bill Leys Central Coast Waterproofing (lic 890269) is now offering epoxy coatings for flooring in garages, staining and overlays for concrete interior floors and shotblasting. call today for a quote 805-545-8300. We're featuring environmentally friendly water based stains, sealers and safe disposal of waste. Comment Bill Leys (@deck_expert) Heading to LA; a client needs his dex-o-tex system repaired. We do that...call today for your free estimate 805-545-8300 Lic 890269 via Twitter Reply Bill Leys (@deck_expert) Sounds like a SNL skit in waiting RT @HomeFixated Let the childish jokes begin! We review Caulk Warmer: http://t.co/3r8XZ8aY via Twitter Reply   View All Updates
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Color Your World at the Concrete Decor Show

Register For Staining & Coloring Courses

Training & Seminars: February 20-24, 2012

Exhibits: February 22-24, 2012
 

Each year artisans and manufacturers find new ways to use color to create award-winning projects using stains, dyes, iron oxides, color hardeners, integral colors and new products. From advanced stenciling materials to fascinating metallics, there is always something to learn about.

 

Courses at the Concrete Decor Show in San Antonio include hands-on workshops that help artisans master new techniques and produce portfolio samples, inspiring seminars on color theory and faux finishing techniques, methods to improve durability and panel discussions led by industry experts. Leading artisans, colorists and manufacturers at the Concrete Decor Show will provide insights on special techniques top professionals use to produce work that stands out from the competition.

Work done by Rachel Bruce
  

The New Era of Decorative Concrete Stenciling - Rachel Bruce of FLOORmap Designs and Chris Swanson of Colour will lead an intensive, hands-on workshop on covering the entire process of multilayer, registration-aligned vinyl stencil use for adding outstanding graphic art to concrete surfaces. Participants will learn insider tips and tricks for adding dimension and subtle realism to their work. Space is limited.

 

Advanced Artistic Techniques for Concrete Staining - A workshop by Shellie Rigsby of Acanthus Inc and Randall Klassen of Klassen Concrete will teach participants how to produce fantastic faux finishing techniques using specialized products to achieve texture, sheen, refraction, iridescence, pictorial details and special effects - with and without stencils. Each student will be provided with sample boards for practice. Space is limited.

Work done by Steven Ochs
and Gerald Taylor

 

Understanding Color - A seminar by art professor Steven Ochs will present a program on the theories behind color, color blending and color matching. A well-known community muralist, Ochs will present concepts that can be applied to all types of paint, stain and dye use. He has used the concepts in concrete applications to produce work that wows.

 

Creative Opportunities for Designing With Color Panel - Join a group of industry experts as they explore and discuss the wide variety of sustainable and visually exciting ways that designers, architects and contractors can use color to create award-winning projects. 

Water-feature concept drawing by David Montoya

 

GFRC Water-Feature Design & Build Workshop: Featuring Advanced Colorization Techniques - The workshop led by David Montoya of Stonemakers Inc. will feature hands-on demonstrations of advanced colorization techniques on water features, focusing on realism and capturing the true essence of natural stone. Topics covered will also include mixing, blending and shadowing, highlights and lowlights, as well as color application tips and techniques.

   

 

 

 

The Concrete Decor Show offers a comprehensive schedule of workshops and seminars

that contractors and artisans need to expand their business opportunities.

 

Register before January 18, 2012 using the promotional code EDU2012 and save 10%

on registration for all seminars, panels and hands-on workshops. 

 

Get the edge you need to succeed in San Antonio, Feb. 20 - 24, 2012.  

 

Questions? Give us a call at (877) 935-8906. 

 _____________________________________________________

Contractors providing staining and stenciling may also be interested in courses listed in the Concrete Coatings category.  Check out the Schedule Details to see more.

 

 

Find out how to take advantage of hot new green building trends by clicking here. 

  

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Association Reserves Has a story for you

By Robert M. Nordlund, PE, RS Association Reserves, Inc. December 2011

It all started out so innocently, with a phone call asking if we knew about reserves at condominium Associations. It was the attorney of a Developer. They were being sued by the Association for an outrageous sum, for failure to set aside appropriate Reserves. They wanted our expert help to see if the damage claim had any substance.

The Association was about five years old and had been functioning on the Developer's initial budget for all those years. Finally, the Association had reached a point where some significant Reserve projects were "due", like deck sealing and their first repainting project. They were dismayed to discover that those two projects alone would completely drain their Reserve Fund. To make matters worse, there were expensive asphalt and roofing projects now just a few short years away. No wonder the Association panicked and called their attorney!
Read the rest by clicking here...
http://www.reservestudy.com/story-of-the-month-the-budget-jam-that-became-a-lawsuit