From HGTV-Edible Plants to Grow on A Deck or Patio

Even if you are living in the city, you can have a veggie or herb garden on your balcony or deck. Just use caustion and don't place plants or pots in direct contact with the deck material. Lift pots off with pot feet to allow water to evaporate. 

Check out the various arrangements here at this link-http://www.hgtvgardens.com/photos/garden-to-table-photos/20-edible-potted-plant-ideas?soc=gardenslaunch_20130329_6620794

Smoking On the Patio - HOA Fails to Ensure Non-Smokers Their Rights To Quiet Enjoyment

From Hindman Sanchez Comes this News on a Ruling 

Melissa M. Garcia | Friday, March 22, 2013 | Court Decisions

After a five-week trial, a California jury found the Bella Palermo Homeowners Association negligent for failing to resolve a second-hand smoke dispute between neighbors at a Trabuco Canyon condominium project.  The plaintiffs were awarded just over $15,000 for their claim that the association and management company failed to ensure the non-smoking family's right to the quiet enjoyment of their unit. 

The Orange County Register reports that the dispute arose from the plaintiffs' complaint that their neighbors smoked "incessantly" on their patio, leading to the "constant infiltration and presence of secondhand smoke" entering the condo through the windows and sliding-glass door. While the declaration did not contain a restriction against smoking, the jury found that the association's rule prohibiting "nuisances" was enough to find the HOA and management company in breach of contract and negligence.

READ THE REST BY CLICKING HERE http://www.hindmansanchez.com/blog/court-decisions/homeowners-association-found-negligent-failing-resolve-second-hand-smoke

Class A-B-C/I-II-III Flame spread, Class A-B-C Roof Coverings, and Hourly Fire-Resistance Ratings

Fire ratings explained...

Flame spread classes, roofing classes and hourly ratings are confusing terms and they

sometimes get misused. The first is based on the ASTM E-84/UL 723 "Test for Surface

Burning Characteristics of Building Materials." The second is based on ASTM E-108/UL

790, "Test for Fire Performance of Roofing Materials." The third is based on ASTM E-

119 "Fire Tests of Building Materials."

Flame Spread Classes

The UBC and BOCA codes use the I-II-III designation, and the Standard code uses A-BC.

The flame spread categories are as follows per ASTM E-84/UL 723:

• Class A or I: Flame spread 25 or less (FRTW, some FR surface coatings)

• Class B or II: Flame spread 26 to 75 (other FR surface coatings)

• Class C or III: Flame spread 76 to 200 (untreated lumber and plywood)

FRTW must have a flame spread of 25 or less in the 10-minute ASTM E-84/UL 723 test,

plus the test is continued for 20 more minutes during which there must be no evidence of

significant progressive combustion and the flame front may not progress more than 10.5

feet from the burner. This is far more severe than the 10-minute ASTM E-84 test used for

fire retardant surface coatings and other building materials.\

Class A-B-C Roof Coverings

Class A, B, or C roofing systems are sometimes confused with Class A-B-C/I-II-III flame

spread categories above. The tendency is to assume that Class A roof systems have a

Class A flame spread, and so on, but there is no correlation.

The ASTM E-108/UL 790 roof coverings test does not produce a flame spread rating. It

is a pass-fail test under which a product either passes the criteria as a Class A, B or C roof covering system or it doesn't.

It is an entirely different test from ASTM E-84/UL 723, and it includes weathering per

the ASTM D-2898 "Standard Rain Test." The highest fire classification is Class A. Note

that a Class C roof system is considered fire resistant while a Class C (or III) building

material (as above) is not. Non-classified roof systems have no fire rating.

Hourly Fire Resistance Ratings

Hourly ratings are a function of the assembly being used (wall, floor, door, ceiling, roof,

etc.) and generally require use of a noncombustible membrane (e.g. gypsum, masonry).

ASTM E-119 "Fire Tests of Building Construction Materials" is the test used to

determine the hourly rating of an assembly. It exposes an assembly to heat and flame on

one side and tests for heat transmission, burn-through, structural integrity and ability to

withstand a hose stream from a fire hose.

Flame spread classification per ASTM E-84, 30 minute duration, has no relation to a 30-

minute rating or any other hourly rating (which must be determined by ASTM E-119).

ASTM E-119 is not a required test for FRTW, therefore FRTW has no different hourly

rating than untreated wood and it cannot be substituted for noncombustible materials such as gypsum in a rated assembly. FRTW's advantage over untreated wood and other

combustible materials is the fact that it doesn't ignite or contribute to the spread of flame.

Manager Contractor Feedback at Davis Stirling

Reprinted from 

Davis-Stirling.com byAdams Kessler PLC

There were too many responses to my article on contractor licensing for me to print them all. Following is a sampling:

Contractor #1. What if a board member serves as project manager? -Jim P.

RESPONSE: As long as the board member is not paid to oversee the project, there is no violation. The association, through its board, is the owner-builder and as such is not required to be licensed. Make sure you put something in the minutes delegating authority to him to oversee the project on behalf of the association. 

Contractor #2. With regards to managers acting as contractors, does this apply to in-house managers who are employed by and work exclusively for an HOA? -Claire M.

RESPONSE: Because your manager is an employee of the association, he is exempt. If you were paying a third party (a management company) to oversee the project, there could be exposure. 

Contractor #3. The management contract for our association calls for the management company to "monitor the activities of the contractor… including…the obtaining of contract documents, certificates of insurance, copies of bonds, warranties, releases of liens and other necessary or prudent documentation." -C. L. 

RESPONSE: The case that triggered the Legislative action involved a construction manager who engaged in various oversight activities for an owner. Those activities included the following:

...assist, on behalf of the Owner, in coordinating the activities of the various workers to enable them to complete their assigned tasks in an organized and efficient manner, on time and on budget; to maintain records such as insurance certificates, as well as the financial books and records for the project; to keep the Owner apprised of the status of the project; to be the onsite "point person" to respond to issues as they arose; and generally to act as the Owner's agent with respect to the various parties connected with the development of the project. Plaintiff had no responsibility or authority to perform any construction work on the project, or to enter into any contract or subcontract for the performance of such work. (The Fifth Day v. Bolotin (2009) 172 Cal.App.4th 939, 948.)

The court decided that these activities did not make the consultant a contractor. The Legislature disagreed and revised the law to broaden the definition of who needed a contractor's license. By implication that means that a manager who engages in the above activities would be subject to criminal and civil penalties if not licensed as a contractor.

Contractor #4. WOW! This is a big one. I agree that managers should not oversee construction projects. To do this the HOA manager should not act in the capacity of a general contractor. They should hire a general contractor when multiple trades are involved in the same project. They should never put themselves in a position of coordinating the work between sub contractors or dictating the "means and methods" of work. Managers should not oversee the actual work of the project which includes (from Merriam-Webster): administration, care, charge, control, direction, governance, government, guidance, handling, intendance, management, operation, conduct, presidency, regulation, running, stewardship, superintendence, superintendency, supervision. -Mike G.

RECOMMENDATION: Legislators have a way of targeting one thing and hitting something else. Perhaps if they were members of the NRA, their aim would be better. If a management company would volunteer to be sued, I could nail down how broadly the contractor licensing requirements will be interpreted. Until then, all I can do is recommend that boards and management companies take a close look at how they handle construction projects.

Views From The Expert: How Minor Construction Defects Can Turn Into Major Structural Problems

Found this from LinkedIn...good read.

Guest Post by: Theodore A. Wendland III, AIA
Sr. Forensic Architect – Expert Witness

 These condos were built in 1980, and investigated in 2003. The nominal water intrusion took 23 years to manifest itself in the form of a minor deck surface collapse which alerted the owner to investigate.

Needless to say it was well beyond the ten year statuette of limitations; this was not a restoration that was litigated. This was a 280 unit complex of high end condos, ranging in square footage from 3000 square feet to 6500 square feet.

READ MORE AT 

http://www.jdidata.com/how-minor-construction-defects-can-turn-into-major-structural-problems/

From Adams-Kessler-A Great Question-DO MANAGERS NEED A CONTRACTOR'S LICENSE?

IMO managers should never write specs or oversee a project...

DO MANAGERS NEED
A CONTRACTOR'S LICENSE?

AB 2237 went into effect January 1, 2013. TheAssembly Bill received very little notice but may have a significant impact on association managers. The Bill was in response to a court decision that consultants who oversee contracts between project owners and contractors were not required to be licensed. The Bill negated the court's decision by requiring consultants be licensed as contractors. Because of the way it defines "consultant," HOA managers could find themselves in violation of the statute.

Size of the Project. First, any project that costs more than $500 in combined labor and material costs requires that the work be done by a licensed contractor. (Bus. & Prof. Code §7048.) 

Consultant Defined. Second, a contractor is defined to include anyone who oversees bids for a construction project, arranges for subcontractor work and schedules and/or has oversight of a construction project. (Bus. & Prof. Code §7026.1.) Since most associations have their management companies solicit bids and oversee common area maintenance projects and since most projects costs over $500, management companies and their managers appear to be at risk for criminal and civil penalties.

RECOMMENDATION: The safest position for managers and management companies is to not oversee construction projects for their associations. Clearly, that should be the case for large projects--such work should be done by licensed construction managers. The small ones are the problem. Managers routinely handle them for their boards. Boards and management companies should talk to legal counsel about how best to address this issue.

REPRINTED FROM DAVIS-STIRLING.com