CELEBRATING YEARS 1981-2021 - CAI Channel Islands Chapter
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YEARS
1981-2021
Serving Ventura, Santa Barbara, San Luis Obispo and Kern Counties FIRST QUARTER 2021
The Official Publication of
CELEBRATING
YEARS
1981-2021
contents
What a Channels of
DIFFERENCE
40 years makes
Serving Ventura, Santa Barbara, San Luis Obispo and Kern Counties
Page 6 Page 16
Your Chapter Special Features
5 President’s Message 6 What A Difference 40 Years Makes
15 CLAC Corner 9 Through The Years . . . Past
Presidents' Memories
24 Chapter Announcements
16 Spring Cleaning
25 New and Renewing Members Page 18
To-Do List for 2021
26 Chapter Sponsors
18 Everything You Need To Know
About Elections
Chapter Happenings 20 California’s New Election Law:
Presents Insurance Coverage
24 2021 Upcoming Events Challenges for HOAs
22 Let It Go!
Page 20
Resources
27 Advertising with the Chapter
Page 22 29 Classified Directory/Advertisers
Channels of Communication is a quarterly the facts presented in Channels of Communication CAI - CHANNEL ISLANDS CHAPTER
publication of the Channel Islands Chapter of are those of the authors and are not necessarily P. O. Box 3575, Ventura, CA 93006
Community Associations Institute prepared endorsed by CAI or the Publications Committee. (805) 658-1438 • Fax (805) 658-1732
expressly for Association leaders, managers Authors are encouraged to submit articles for
and other related community association publishing consideration. Leah Ross - Executive Director
professionals. This publication is designed to Acceptance of advertising in Channels leah@cai-channelislands.org
provide accurate and authoritative information in of Communication does not constitute an
regard to the subject matter covered. It is issued endorsement of the advertised products or services The Channel Islands Chapter of
with the understanding that the publisher is not by CAI. Permission to reprint articles is hereby Community Associations Institute is
engaged in rendering legal, accounting or other granted provided:
dedicated to empowering Homeowner
professional services. If legal advice or other 1) Notice is given to CAI at 805-658-1438.
expert assistance is required, the services of a 2) Proper credit is given as follows: “Reprinted from Association members, managers and
competent professional should be sought. Channels of Communication; copyright by CAI, service providers through information
The views expressed and the accuracy of Channel Islands Chapter, all rights reserved.” and educational opportunities.
FIRST QUARTER 2021 www.cai-channelislands.org 3
4 Channels of Communication FIRST QUARTER 2021
CHAPTER OFFICERS
& DIRECTORS
PRESIDENT
president’s message
Chelsi Rueter, CCAM, CMCA, AMS, PCAM
Community Property Management
PRESIDENT-ELECT
Randy Stokes Chelsi Rueter, CCAM, CMCA, AMS, PCAM
Surfside III Condominium Association
VICE-PRESIDENT Community Property Management
Ruth Campbell, CCAM-PM, CMCA
CID Management Solutions, Inc.
SECRETARY
Dear Members:
Sabrina French, CMCA, AMS, PCAM
PMP Management
TREASURER It is an honor to serve as Chapter President this year – 2021 – our 40th anniversary! I am
Mark Poindexter
Poindexter & Company, CPA excited to lead as we celebrate in many ways! This issue of the chapter magazine kicks off
DIRECTORS our anniversary celebration and each chapter magazine will feature photos and articles as
Ryan Gesell, CIRMS, CMCA we look back at how this chapter has continued to succeed because of so many dedicated
Cline Agency Insurance Brokers, Inc.
Christi Moore, CMCA, AMS members! We are also planning to host a celebratory event later this year to commemorate
Leisure Village Association
this milestone. More details to come!
Phyllis Pazen
Lakeside Village Association
Steven Roseman, Esq. This celebratory event will also be an opportunity to recognize the many volunteers who
Roseman Law, APC
Lisa Tashjian, Esq., CCAL stepped up and contributed to our chapter over the years, especially during 2020, as it was
Beaumont Tashjian a completely unprecedented and unpredictable year. I would like to specifically thank Steve
Paul Townsend
Animal & Insect Pest Management, Inc. Roseman who led our chapter with confidence, patience, and professionalism in a time of
increasing chaos and worry. He will certainly be a tough act to follow!
COMMITTEE CHAIRS
AWARDS / CASINO NIGHT Also, thank you to the fantastic group of volunteers who served as my fellow board
Lupe Aguilera
Spectrum Property Services
members. It would have been easy to forget about CAI in 2020 and focus solely on their
Gordon Miller own survival, and I appreciate that they remained dedicated to the continued success of our
General Pavement Management chapter.
CENTRAL COAST PROGRAMS
Rochelle Williams, CCAM-PM
The Management Trust-Central Coast
Lastly, I want to thank the committee members that planned the virtual events and those
CLAC who spoke at our webinars in 2020. They spent hours brainstorming how to keep the
Randy Stokes, Surfside III chapter moving in a totally foreign environment. The speakers and committee members
COMMUNITY FAIRES educated themselves and worked to keep everyone else informed about how to navigate this
Teresa Agnew pandemic, even though the platform was completely different (and often times awkward).
Roseman Law, APC
Phyllis Pazen
Lakeside Village HOA Our past and future success would not be possible without our committees and board who
FINANCIAL all volunteer their time to advance the chapter. We welcome and encourage involvement
Mark Poindexter from all our members! Please reach out to Leah Ross at leah@cai-channelislands.org if
Poindexter & Company, CPA
HOLIDAY HAPPY HOUR
you are interested in serving on a committee, speaking at a program, writing an article, or
Sabrina French, CMCA, AMS, PCAM helping out in any other capacity. It would be our pleasure to have you!
PMP Management
Mahendra Sami The Board has met to brainstorm and strategize how to best navigate this year as we ease
Union Bank HOA Services
HOSPITALITY
back into some sort of normalcy. We are focused on getting back to in-person events
Christi Moore, CMCA, AMS, PCAM as soon as possible and elevating the quality of our programs and education. Last year
Leisure Village Association
definitely forced us to think outside the box and prepared us more than ever to bring you
Tracy R. Neal, Esq. dynamic, timely education in whatever platform necessary. We always welcome your ideas
The Miller Law Firm
LUNCHEON PROGRAMS and input.
Sean Allen, Esq.
Roseman Law, APC
Thank you, truly, for being a part of our CAI-Channel Islands family. I can’t wait to see all
Ryan Gesell, CIRMS, CMCA of your smiling faces again in person soon!
Cline Agency Insurance Brokers, Inc.
Chelsi Rueter, CCAM, CMCA, AMS, PCAM
Community Property Management Sincerely,
Chelsi Rueter
MANAGERS' PROGRAMS
Ruth Campbell, CCAM-PM, CMCA
CID Management Solutions, Inc.
Matthew Gardner, Esq.
Chelsi Rueter, CCAM, CMCA, AMS, PCAM
Richardson Ober DeNichilo CAI-Channel Islands Chapter President
VENTURA COUNTY DINNER PROGRAMS
Laurel Sylvanus, CMCA
The Management Trust
FIRST QUARTER 2021 www.cai-channelislands.org 5
What a
DIFFERENCE
40 years makes
The Beginning
What do you get when developers, planners, public officials, Fast forward to 1981, three Ventura County residents
attorneys and homeowners come together? Over four and colleagues, Marla Mott-Smith (Buckert), Monte
decades ago, you got the beginning of an organization that Widders, and Gary Porter felt the growing need for
was needed to educate community association volunteers education for the homeowners associations in Ventura
and professionals and to serve as a clearinghouse for County and from their partnership, Channel Islands Chapter
ideas. You got CAI National. In 1973, condominiums of Community Associations Institute became an official non-
were booming, accounting for nearly 50 percent of profit corporation as of February 21, 1981. Gary Porter tells
homes built—up from 11 percent just three years earlier. the story best…
Conversions were occurring at a rapid pace too. That growth
was creating problems. Developers came under scrutiny “I started working with a
for owning common areas and obligating associations number of associations in
to long-term, high-cost “recreation leases.” There also 1976 and became recognized
was a tremendous lack of knowledge on how to operate as someone knowledgeable
community associations successfully. The need was clear, about association taxation
and CAI filled it. “CAI was formed to become the preeminent simply because I invested
source of information, training, guidance and research for the the effort to read and
successful creation and operation of community associations, understand the tax law
with a mantra of ‘Sharing Success,” says Lincoln Cummings, about the new Form
a CAI founder and past president (1975–77). 1120-H that IRS
(Daniel Brannigan, CAI at 40, pg. 1) first issued that
6 Channels of Communication FIRST QUARTER 2021
CHAPTER FOUNDERS recall, we were required to have a minimum of 25 members to
form a local CAI chapter, so Marla had all of her associations
join along with Monte’s law firm and my CPA firm. That
pushed us past the minimum membership requirement and
by February 1981, we were an official chapter of CAI. We
started reaching out to management companies, associations,
and service providers and presented educational seminars.
Back then the industry was still relatively young and there
wasn’t a lot of information available. I used to joke that at
that time if you could pronounce the word condominium you
Gary Porter, Marla Mott-Smith Buckert and Monte Widders, Esq. were considered knowledgeable and if you could spell it you
were an expert. An exaggeration, but not by much.”
year. I was performing audits for a number of associations in
At this time, the Channel Islands Chapter covered
Marla’s company, Monarch Property Management Services
Ventura and Santa Barbara Counties. Marla was the first
and met Monte Widders, Esq., through that connection
chapter president, Gary served as treasurer, and Monte
as he provided legal representation to most of those same
served as secretary. Marla recalls, “The educational programs
associations. This was in 1979 and I had never even heard
were held at a homeowners association clubhouse with about
of Community Associations Institute (CAI) until Marla said
30-40 people in attendance.” And added, “It was a privilege
she wanted to form a local chapter to provide educational
to be a part of the beginning, where the chapter membership
services to associations in the tri-county area. Back then there
comprised of homeowner members and is amazed on how
was no Google or any easy way to find information unless
the chapter has expanded, maintaining the vision that our
it was something that had been published somewhere. As I
homeowner members make up the majority of the chapter’s
membership”. Marla moved to Utah and even co-founded an
additional chapter, CAI-Utah, and served as their Executive
Director. She currently lives in Tucson, Arizona.
(Continued on page 8)
ww.cai-channelislands.org 7
Continued from page 7
Monte mentions, “What I remember the most is Marla, Gary Gary Porter later became one of the CAI-National
and I sitting in Marla’s conference room wondering whether Presidents and in looking back at his many years with CAI,
we would be able to get enough members to meet National’s he mentions, “Marla and I have remained friends since
minimum of 25 members for a new chapter. The fact that we 1979 and still meet frequently to chat and share a meal and
are approaching 1,000 members is truly amazing! Congrats consume adult beverages. I count these relationships and
to the chapter leaders!” Monte currently resides in Ojai, friendships as the greatest personal benefit to me of joining
California and is of counsel for Myers, Widders, Gibson, CAI.”
Jones & Feingold in Ventura.
Past Presidents of CAI-Channel Islands Chapter
Thank You to all of our past presidents for your dedication to CAI-Channel Islands Chapter.
1981 Marla Mott-Smith (Buckert) 1994 George Beers 2008 Timothy Cline, CIRMS
1982 Monte Widders, Esq. 1995 Mark Poindexter 2009 Kirk Prouse
1983 Gary Porter, CPA 1996 Robert Long, Esq. 2010 Judy Remley
1984 Skip Roberts, CMCA, PCAM 1997 Ruth Cederstrom, CCAM, PCAM 2011 Sandra L. Gottlieb, Esq., CCAL
1985 Daphne Becker 1998 Dale Sweatt 2012 Danita L. Vaughn, CMCA, AMS, PCAM
1986 William S. Dunlevy, Esq. 1999 Donna Nelson 2013 Lisa Tashjian, Esq., CCAL
1987 William S. Dunlevy, Esq. 2000 Diane Doria 2014 Teresa Agnew
1988 Jim Sweatt 2001 Diane Doria 2015 Sue Bartley
1989 Jim Lingl. Esq. 2002 Jill Van Zeebroeck, PCAM 2016 Jeffrey Beaumont, Esq., CCAL
1990 Dan McGranahan 2003 William S. Dunlevy, Esq. 2017 Gordon Miller
1990 Kelton Lee Gibson, Esq. 2004 Gordon Miller 2018 Tracy R. Neal, Esq.
1991 Kelton Lee Gibson, Esq. 2005 Bruce Kimmell 2019 Joe Smigiel, CIRMS
1992 Craig Huntington 2006 Jeffrey Beaumont, Esq., CCAL 2020 Steve Roseman, Esq.
1993 Gayle Cagianut 2007 Robert Scheaffer, CMCA, AMS, LSM, PCAM 2021 Chelsi Rueter, CCAM, CMCA, AMS, PCAM
Photograph taken at the 600 Member Celebration held in June 2016.
Front Row: Gary Porter, Marla Mott-Smith Bucket and Monte Widders, Esq.
Middle Row: Jeffrey Beaumont, Esq., Danita L. Vaughn, Ruth Cederstrom and Judy Remley
Top Row: William Dunlevy, Esq., Sandra L. Gottlieb, Esq., Kirk Prouse, Kelton “Lee” Gibson, Esq.,
Skip Roberts, James Lingl, Esq., Gordon Miller, Bob Scheaffer, Lisa Tashjian, Esq., Sue Bartley and Teresa Agnew
Most of the photos featured in this magazine issue were
taken by Mr. William S. Dunlevy, Esq. Thank you, Bill,
for serving as chapter photographer since 1984!
8 Channels of Communication FIRST QUARTER 2021
Through The Years… Past Presidents' Memories
William S. Dunlevy, Esq. Jim Lingl, Esq.
1986-1987, 2003 1989
I am humbled to have served two to obtain articles from them and to I was the Board President early in the
terms as president of our Channel showcase their expertise in Channels history of the Chapter and at that time
Islands Chapter. I have so many fond of Communication. I retired as editor the Chapter was very small. There
memories of the great volunteers and of Channels after twenty-six years. was Monty, Marla and a few property
executive directors who have served managers. We had no home and we
our chapter. I remember that the first annual had meetings in the office of whoever
meeting and election of directors/ was the chair, and tried to schedule
The founding members of the officers I attended was held in the teaching programs every couple of
chapter were Marla Mott-Smith side banquet room of the Peking Inn months. We didn’t have access to
(Buckert), Gary Porter, and Monte restaurant in Camarillo. We were a computers or the internet so word
Widders. James P. Lingl introduced small chapter then but progressed got out by mouth or by handbills that
me to the community association field steadily over the years to medium we would post or pass out. Later on,
when I joined his law firm, Taylor, size and now very large size. I am I created a temporary home for us.
Churchman & Lingl, in 1980. Jim grateful to have been a small part of Bill Dunlevy was with me and we had
encouraged me to join the chapter. that development. If you ever need an office at the top of Carmen Drive
I first became active in the chapter a visual representation of how the where it intersects with Las Posas.
when past president Daphne Becker chapter has grown, I suggest that There was a large room on the second
asked me to become the chapter’s you visit the Peking Inn and check floor that had not been built out yet.
newsletter editor. The first newsletter out the size of their banquet room I got the office manager to give us
was published in 1984. It was a (have a meal if you are so inclined permission to use it and we held some
simple four-page document with no - excellent food in my opinion) and meetings there, we did some trainings,
photos and barely any artwork. As the then compare that space to the space and managed to get 10 people (maybe)
newsletter progressed, it grew from we now occupy for meetings and to attend in the evening each month.
that plain beginning to a full magazine, often fill to capacity (COVID-19 That was where we had the annual
Channels of Communication, with restrictions notwithstanding). meeting, and had the feeling of growth.
color photograph covers. The There was no executive director, no
cover photos were all photos that I The first forty years of the chapter staff, nothing other than what Bill and
had taken, as one of my hobbies is have been a blast. I look forward to I could create. It’s amazing to see how
photography. It was my great pleasure seeing what happens in the next forty the chapter has grown from 1985 to
to work with the chapter members years. 2021.
(Continued on page 10)
William S. Dunlevy Kelton Lee Gibson Gayle Cagianut Skip Roberts Jill Van Zeebroeck Tim Cline Jim Lingl
FIRST QUARTER 2021 www.cai-channelislands.org 9
Kelton Lee Gibson, Esq. Mark Poindexter Ruth Cederstrom, PCAM, CCAM
1990-1991 1995 1997
I was chapter president for both 1990 My term as president was some time Fortunately the year I was president, I
and 1991. In 1989, incoming chapter ago. I was involved in a transition of was required to go to CAI-National…
president Dan McGranahan of Green’s executive directors for the chapter, the national meeting was held in
Entomological Services asked me to which is always a challenge. The Hawaii. That started my year off great
come on the board in January 1990. chapter has been very fortunate to as I had just returned from Alaska a
Becoming a board member then was have Leah Ross as our executive few months earlier. The 1990’s were
much more informal than the election director, as she is one of the most an amazing time, just getting into
process we currently have. I agreed, experienced executive directors in the e-mails and remember AOL? “You’ve
and Dan asked me to be his president- nation. I remember the other board got mail!” I remember several of us
elect. members who served with me during old timers, (well it was 24 years ago)
my tenure at president, as being very were on the board. Among them, Lee
I arrived as a new and naive board motivated and active in accomplishing Gibson and Gayle Cagianut, oh and
member at the January 1990 meeting our chapter goals. Some of the same Mark Poindexter. I am pretty sure we
a few minutes late. It was just in time board members continue to serve our were still meeting at Ottavio’s Dinner
to catch Dan’s resignation as president chapter today, as board members and Theater on Mobil in Camarillo and
due to health issues. This made me the committee members, continuing to then as we grew, moved to the Orchid
president, knowing little about chapter give back to the chapter, which has Room at Camarillo Springs.
operations. Plus, we had a brand new become another family for many of us. Our “Leah Ross” was Diana Sellers. As
executive director, Susie Beers. Talk Leah does for the current Presidents,
about stepping into the fire. But, Susie Diana offered invaluable assistance
and I were able to take the bull by the to me during the year when I had a
horns, and the chapter took off with full time job owning Auburn Property
substantial growth. We adopted a Management. Thank you to Leah and
number of new events, including the all of the “Leah’s” that make our jobs
golf tournament and annual awards look easy. We owe it all to you!
banquet. To get attendance at the
banquet, we had arranged for virtually Judy Remley Kirk Prouse Diane Doria Steve Roseman Donna Nelson
everyone to receive one award or
another. The rock band I was playing
with at the time performed at the
Tower Club for the event.
There was lots of collegiality and
fun. Being president also got me to
two CAI-National events in Nashville
and in Las Vegas. I appreciate all the
persons who stepped up and helped
expand the chapter during that time. Teresa Agnew Robert Long Sue Bartley Ruth Cederstrom Bob Scheaffer
I also appreciate my mentors, Skip
Roberts and Jim Sweatt, who provided
great guidance.
10 Channels of Communication FIRST QUARTER 2021Jill Van Zeebroeck, PCAM Gordon Miller Jeffrey Beaumont, Esq., CCAL
2002 2004, 2017 2006, 2016
It was not long after joining the I had the honor to serve as chapter Let me start off by saying that serving
Channel Islands Chapter that I president twice, and I have fond as a two-time past president of the
understood the value of volunteering memories of both years. In 2004, Channel Islands Chapter will always
my time to help the chapter grow I remember working with Diane be one of the greatest highlights and
Doria. She was the person who privileges of my career. To have been
and be able to establish personal
most influenced my decision to run elected in 2006 and again a decade
and professional relationships that I
for president, and she was always later in 2016 was such an honor.
enjoy almost 30 years later. One of on hand to help me with strategic During these different periods of time,
my favorite duties as president was decisions. I remember a couple I can recall the leaders who shaped this
to speak to business partners who of road trips I took with her on Chapter, from its longstanding past
wanted to join the chapter but did not official CAI business related to CAI- Executive Director Diana Sellers, to
quite know if it would provide them National’s agenda in 2004, which Ed Miller who the chapter continued
any benefit. I really enjoyed recruiting involved significant changes to the to honor his legacy by naming its golf
newcomers to our industry and dues structure. Many members tournament after Mr. Miller, to the
ultimately seeing their business thrive of the chapter were worried many current volunteers and leaders,
and grow as a result of the synergy about the financial fallout and we and current Executive Director Leah
and good will our tiny chapter was were all paying close attention Ross, who all continue to make this
to the proposed adjustments. chapter so very special.
providing. I say tiny because back in
Obviously everything worked out, In the early days, the chapter was
those days the chapter was less than
as CAI is still alive and well. I’m so smaller, intimate, tight-knit, and today
400 members. Looking back, I enjoyed glad we were able to honor Diana’s it has grown to be this robust and very
the planning and attending of social contributions to our chapter through large successful chapter. However,
events, facilitating the board leader her special chapter award, “Diane despite its growth, the chapter still has
training, attending the CAI-National Doria Volunteer of the Year”. that same small, intimate, and tight-
conference representing our group, knit feeling that gives its members the
and the annual planning sessions for And for my last round in 2017, it was a special opportunity to connect, grow
my incoming tenure. My presidency blast when we blew past 700 members. and better ourselves professionally.
followed that of my dear friend Diane The chapter’s growth in recent years I will always look back with great
Doria, who was unable to complete has been exhilarating, and a testament memories from not only serving on
her term of office. Following in her to the efforts of so many people. One the board but, serving on countless
thing that stood out most for me is committees. I remember fondly
dynamic footsteps was my honor.
how the chapter matured from when the days of setting up events, such
I served as president in 2003. It was as the western themed Expo at the
Congratulations on the tremendous
impressive to see how much our board, fairgrounds and unloading bales of hay
growth, resilience, and stamina of the and our executive director had grown for the line-dancing dance floor. In
Channel Islands Chapter. I am proud and developed. Our challenges and 2016, I had the privilege of celebrating
and grateful to have played a small part discussions were on a higher level and the chapter achievement of reaching
in its success. more efficient than “back in the day.” 600-chapter members. It was quite
the celebration with a beach-themed
luncheon where we invited our chapter
Bruce Kimmell Lisa Tashjian Dale Sweatt Tracy Neal Daphne Becker founders and thanked them for leading
the way. What fun times! Thank you
for the memories and I look forward to
the many more we will create together.
(Continued on page 12)
FIRST QUARTER 2021 www.cai-channelislands.org 11Robert Scheaffer, Sandra L. Gottlieb, Esq., CCAL Danita L. Vaughn, CMCA, AMS, PCAM
CMCA, AMS, LSM, PCAM 2011 2012
2007
It was an honor and privilege to As a member of the Channel Islands
The year 2007 was a very challenging serve as chapter president in 2011 Chapter of CAI I had served on
year for me as president of the chap- as it was exciting to see all the several committees and as the CLAC
ter. I started a new position as general membership growth and volunteer committee chair before joining the
manager for an association, completed Board of Directors in 2009. As Board
participation that occurred that
my PCAM designation in July and the President in 2012, the Chapter’s
year. When all was said and done
chapter’s executive director resigned. goal was to retain and grow our
the chapter experienced a 22%
Our crowning achievement for the membership. Part of this goal was
2007-year was the hiring of Leah Ross growth in membership and a 23% to spread the word to non-members
as our executive director. We also had increase in event attendance from by word of mouth and additional
an extraordinary and strong board of the prior year including a sold-out advertising outside the chapter
directors to work through all of the December Luncheon program, the communications.
challenges of 2007. Through their annual legislative update, with over
leadership, commitment, and team- 220 attendees, a chapter first. We We encouraged shared information
work, the chapter continued to thrive worked hard, and were successful, in and education between our community
and I am grateful for their support. encouraging community managers to mangers, business partners, board
bring their association board members members and homeowner members.
Judy Remley The continuing education of our
to our chapter events enforcing suit-
2010 members was and contiues to be
casing rules against any attendees
important to us. We encouraged
that marketed (unless a sponsor), as many members as possible to be
during the event. The attendance at involved in the monthly luncheons
our Community Faire (expo) events especially the end of the year legal
grew by a staggering 87% that year update. The better educated our
as we moved from one expo to TWO members are, the better association
mini-expos resulting in our chapter’s managers, board members and
national recognition, by CAI-National, homeowners we have in our
as the recipient for their Member communities.
Services Award for this event. Our
Chelsi Rueter Gordon Miller Danita Vaughn
I was first introduced to CAI-Channel chapter magazine was introduced in
Islands Chapter by Dale Sweat, who full color and our chapter website
is also a past president and long time and membership directory were both
CAI member, around 2003. I joined redesigned to make these resources
the chapter as a Business Partner more user friendly and efficient for the
representing Robo Bank. I remained members. And these are just a few of
a Business Partner later representing the successes!
First Bank and lastly Union Bank until
retiring in 2018. I enjoyed being on I am appreciative of all of the board
various committees such as the Awards members, committee members and
Committee. I served on the board for Jim Sweatt Sandra Gottlieb George Beers
the executive director, that supported
several years, serving as secretary and
this charge in 2011. It is really the
was president in 2010. CAI-Channel
Islands was nearing 400 members combined effort of everyone that
and now has over 900! It is a great accomplished these great things.
organization that I enjoyed being a part
of and made many lifelong friends.
12 Channels of Communication FIRST QUARTER 2021Lisa Tashjian Teresa Agnew
2013 2014
The year 2013 was such a fun year for Congratulations to CAI-Channels • Recognized by CAI-National for
me to lead the chapter as its president Islands Chapter on celebrating its achieving large chapter status for
along with my fellow board members 40th anniversary. It is an honor to having more than 500 members.
and volunteer committee members. be among many of the leaders of • Leadership Award for the Chapter’s
CAI has been such a big part of not our chapter who have contributed Effective Leadership Initiative
only my legal practice but also my life. to its success over the past 40 years. • Membership Award for the
This organization allows relationships Serving as the Chapter President for Chapter’s “500 Members and
to build into long-time friendships, 2014 was an honor and privilege. I Counting” Campaign
many that I cherish. In 2013, the board would like to reflect on a few of the • Best Net Membership Growth
initiated goals to increase awareness personal highlights and acknowledge (13%) for a medium chapter
of the education, resources, and • Best Net Membership Retention
leaders and volunteers who gave
networking opportunities available to (98%) for a medium chapter
many hours and contributed to our
its members, all of which the chapter
many successes in 2014. As I began
continues to focus on today. The One of my favorite moments was
planning with our executive director and
Community Faire events (expos) standing at the podium getting ready
and luncheon programs hit record executive team for our annual strategic to announce our program at our
attendance, covering timely topics planning, I learned first-hand the level December luncheon overlooking the
including the Davis-Stirling rewrite. of talent, dedication and expertise room packed with smiles, friends,
We had a sold-out golf tournament among our leaders. Our chapter’s and colleagues networking and
and hosted a festive Holiday Happy board of directors were CEO’s, senior socializing! The event was sold out,
Hour to name a few of the events that managers, executives, business owners 200+ attendees, the largest that
brought us together to enjoy each and committed chapter members. It year, balloons were flying, music was
other’s company. That same year, was a positive and motivating session playing, each member received a thank
the board approved a budget item that and was inspiring to work with such you gift, and our chapter celebrated
would offer an opportunity to enhance a dynamic team. A common theme a milestone of reaching membership
member benefits by providing manager resonated throughout our session, of over 500 qualifying us as a large
credential rebates, complimentary “Leading through Professionalism." chapter with CAI-National. It was truly
event registrations for managers’ The board of directors concluded the a celebration of the entire membership
programs and homeowner dinner vision for the year would be to focus honoring the hard work throughout
programs, and a new website launch on reviewing the chapter as a whole, the year.
was in the works, providing additional and to have goals that elevated the
resources to our members. So many chapter in several areas. We looked The chapter has continued to build on
great memories and I can’t wait to at education, types of programming, this foundation of high standards and
celebrate our 40th anniversary and see speakers, regional programming, the professionalism. One of my favorite
each other in person! AV system, venues, and committees; quotes is “No man will make a great
all to ensure the chapter was providing leader who wants to do it all himself,
or to get all the credit for doing it”
and exceeding the value it brought
—Andrew Carnegie. I truly believe
to its members through social media,
that it is not one person, but a team
the chapters website, social events,
that achieves success and greatness. I
educational programs and volunteer
Mark Poindexter Craig Huntington Jeff Beaumont would like to close in wishing the
opportunities. Through these initiatives, chapter continued success, growth,
a succession plan was implemented and leadership and innovation within the
the board focused on these goals each industry. Cheers to 40!
month. The result was the chapter was
awarded the following (5) five awards (Continued on page 14)
from CAI-National that year.
FIRST QUARTER 2021 www.cai-channelislands.org 13Sue Bartley Tracy Neal, Esq. Joe Smigiel, CIRMS
2015 2018 2019
If I had to say anything about my time I enjoyed every moment serving as It was an honor and privilege to serve
as chapter president, I would say it the Chapter’s 2018 President and I as Chapter President in 2019. With
was truly memorable and I challenged cannot say enough about the board the help of our board of directors
everyone to follow our theme of “A and committee members that I had and volunteers, the chapter reached
year of gratitude”. That was most the opportunity to serve with and 900-chapter members and received
that worked so hard along side me the Best Net Membership Retention
important to me during my time, to
for our members. It was an amazing Award (95%) for a very large chapter
focus on that sentiment. I recall our
experience and has given me many from CAI-National. We had many sold
November Luncheon where we did fond memories. out events that year which brought
a food collection for FoodShare of the board to the conclusion that we
Ventura County and the chapter’s One that stands out for me is the pride
need to find a new venue to host our
dedicated members donated 340 lbs I have in the Chapter’s commitment to
growing events! I had the opportunity
education and the national recognition
of non-perishable food items. For each to work with many great individuals
the Chapter received for outstanding
item collected, generous members who I consider close friends and thank
educational programs. Another is the
donated a $1 per food item to our CA the chapter for the opportunity to
expansion of the Chapter’s educational
Legislative Action Committee (CLAC). serve.
programs in Pismo Beach and Santa
This equated to a $3,000 contribution Barbara and the Chapter’s growth
to CLAC. Wow! I am very grateful for spurt, 800 chapter members, which
the wonderful members that are part of necessitated expanding the educational
this outstanding chapter. programs. I very much enjoyed
speaking at the Pismo Beach and
Santa Barbara luncheons and dinner
programs. I would encourage every Colleen Scott and Michelle McCracken
Dan McGranahan Joe Smigiel
member to attend one if you have not
done so. The programs are held in
more intimate settings than the usual
luncheon venues that foster robust
discussions and Q&A sessions.
Jeff Beaumont and Jose Glez
Landscape & Structural Pest Specialists
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14 Channels of Communication FIRST QUARTER 2021CLAC corner
C A L I F O R N I A L E G I S L AT I V E
ACTION COMMITTEE
By James Perero, Esq.
Myers, Widders, Gibson, Jones & Feingold, LLP
I
t is back to business for Sacramento claims if the underlying project used a mandating board training. CAI-CLAC
in 2021. 2,369 bills have been “skilled and trained workforce.” Latent opposes this legislation.
introduced. For better or worse, this defects often take longer than 5 years
promises to be an interesting year. CAI- to manifest. CAI-CLAC opposes this SB 9 (Atkins [D], SD 39 [San
CLAC is hard at work advancing the legislation. Diego/Solana Beach]). This bill would
best interests of community associations allow for lot-splits in any single family
statewide, and is paying particular AB 1101 (Irwin [D], AD 37 [E. residential community in the state. CAI-
attention to the following bills. Ventura County]). This is a CAI- CLAC will oppose this legislation unless
CLAC sponsored bill which improves it is amended.
AB 502 (Davies [R], Dist. 73 [S. on financial security legislation
Orange County]). Acclamation: Assemblymember Irwin authored in SB 391 (Min) [D], SD 37 [Irvine/
could this be the year? This bill 2018 (AB 2912). CAI-CLAC supports Costa Mesa]). This bill would allow
would authorize an association to this legislation. community associations, during a state
seat directors by acclamation (that is, of emergency (such as a pandemic),
without a secret ballot election) when AB 1410 (Rodriguez [D], AD to conduct business via video
the number of candidates equals the 52 [Pomona/Ontario]). This bill teleconference—without requiring a
number of open board seats. CAI-CLAC includes a far-ranging list of items physical meeting location. CAI-CLAC
supports this legislation. limiting boards of directors’ ability to supports this legislation.
effectively govern their communities
AB 919 (Grayson [D], AD 14 and imposing unnecessary obligations, Stay tuned for calls to action. CAI-
[Vallejo/Concord]). This bill would such as prohibiting rental restrictions, CLAC will provide talking points and
reduce from 10 to 5 years the statute authorizing personal agriculture information on how to participate in our
of limitations on construction defect anywhere on the separate interest, and advocacy efforts. Your voice matters!
CAI-California Legislative Action Committee
Together, We Have A Voice!
Our mission is to safeguard and improve the community association lifestyle and your property values.
The legislation we monitor, support, or oppose has a direct impact on the communities you live in,
work with, or manage. Partner with CAI-CLAC and support our efforts so we can represent
your community's voice at the capitol!
Here's how you can help:
• Sign up to receive CLAC's Call For Action emails and stay up-to-date on bills affecting our industry.
• Support CLAC through a financial contribution through the "Buck-A-Door or More" Campaign.
• Participate on the Chapter's Legislative Support Committee.
For more information, email cai@cai-channelislands.org or visit:
www.caiclac.com www.cai-channelislands.org
FIRST QUARTER 2021 www.cai-channelislands.org 15Spring Cleaning
To-Do List for 2021
By Sean D. Allen, Esq.
Roseman Law, APC
I
t is 2021 and after the year we all just went through AB3182 Rental Restrictions
things are finally starting to feel a bit more like normal AB3182 added an entirely new section to the Davis-Stirling
again. However, that does not mean that it is time to put Act, as Civil Code § 4741. Per § 4741 a condominium or
our obligations on autopilot. The weather is getting warm, stock cooperative association may not unreasonably restrict
people are allowed to leave their homes again, and it is now the rental or leasing of the owner’s unit. Similarly, a planned
time to do some spring cleaning. Here are a few important development association may not unreasonably restrict
things to be sure you do not overlook on your to-do list for the rental or leasing of any of the owner’s individual lot,
the year. including the residence, Accessory Dwelling Unit, or Junior
Accessory Dwelling Unit.
SB323 Election Rules
SB323 became effective on January 1, 2020 and enacted As of January 1, 2021, all associations are required to
a series of reforms to the laws governing association fully comply with AB3182, and to add further burden,
elections. In short, any associations with
SB323 changed the conflicting provisions in
timeline for association their governing documents
elections fairly drastically, are required to amend those
requiring associations to documents by no later
comply with new notice than December 31, 2021
procedures and deadlines (although this deadline
for nominating candidates might be extended). There
for elections. It also now are civil penalties for
requires that a copy of noncompliance built into
the election rules be the statute, and actual
delivered to every member damages are available to
at least 30 days before offended parties.
an election. Delivery of Generally speaking, an
the election rules may be association now may not
accomplished by either restrict rentals to less than
enclosing the election twenty-five percent of the
rules with the ballot distributed to the members, or by total units, although a higher percentage is allowed. Also, an
posting the election rules to an internet website and printing association now may only limit rental durations by imposing
the corresponding internet website address on the ballot a minimum lease term of 30 days or less. As mentioned
together with the phrase, in at least 12-point font: “The rules above, all associations are required to comply with these
governing this election may be found here:” changes by January 1, 2021 regardless of what the governing
This, of course, requires that all associations maintain a set documents say. To the extent an association’s documents
of election rules. If your association does not have a current contain restrictions which conflict with these provisions,
set of election rules then that is something which should be the association must amend those governing documents to
remedied right away. Even if your association does have a set be in compliance. We recommend having your governing
of election rules already, those should be reviewed to ensure documents reviewed by legal counsel to determine if they are
that they do not conflict with the law or the association’s AB3182 compliant, and if not, then to guide the association
governing documents. Remember that election rules cannot on how to remedy the situation.
be amended within 90 days from the election, so don’t delay.
16 Channels of Communication FIRST QUARTER 2021SB326 Balcony Inspections
On August 30, 2019, Governor Newsom signed SB326 into fundamental questions one might have. If your community
law. The Bill added new Civil Code §§ 5551 and 5986 to has new board members serving, then now is a good time
the Davis-Stirling Act and became effective on January 1, to provide them with resources to educate them on how to
2020. properly fulfill their duties. Consider attending CAI’s Board
Leadership Development webinar series, attend the monthly
In short, new Civil Code § 5551 applies to condominium programs put on by CAI, and consider reaching out to your
buildings containing three or more units and requires management company or legal counsel to inquire about in-
associations in applicable condominium projects to perform house training opportunities.
a periodic inspection of condo balconies and other load
bearing elements that extend beyond the exterior walls of
the building—such as decks, stairways, walkways, and their
Sean D. Allen, Esq., is a partner with
railings—which are supported primarily by wood or wood-
the law firm of Roseman Law, APC, and
based products and elevated more than six-feet above the
is the head of the firm’s HOA department
ground.
for Ventura County and Channel Islands.
Having exclusively represented common
The first inspection required by SB326 must be performed
interest developments for several years,
by no later than January 1, 2025, therefore associations
he has broad experience with issues
should prepare now by creating a line item in their budget to
and disputes that impact community
afford the upcoming expense of the inspection. If possible,
associations. Sean has served on the California Legislative
associations conduct the inspection well in advance of
Action Committee (CLAC) for our chapter since 2011 and
the January 1, 2025 deadline, as licensed architects and
is a current co-chair of the chapter’s Programs Committee.
structural engineers will be less available as the deadline
approaches. For newer construction condominium buildings,
conduct the inspection as soon as possible in order to reveal
any potential construction defects before the expiration of
the construction defect statute of limitations of ten (10)
years.
Your Complete
Boards should also consider enacting reasonable rules to AIPM Pest Control
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regulate the placement of potted plants, artificial turf, and A n ima l & I ns e c t Pe s t M a na ge me n t , I n c .
other objects or materials that trap moisture on balconies
and other exterior elevated surfaces, in order protect these
components from unnecessary wear.
Educate New Board Members
Serving on the Board of Directors for a homeowners
Gopher Damage
association presents itself with certain challenges. These
challenges can be compounded greatly simply because there
is no user-guide or manual available to answer some of the
Common Area
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FIRST QUARTER 2021 www.cai-channelislands.org 17Everything
You Need To
Know About
Elections
By Sandra L. Gottlieb, Esq., CCAL, SwedelsonGottlieb
Janet L.S. Powers, Esq., CCAL, Fiore, Racobs & Powers, APLC
W
e recently participated on a CAI-Channel Islands • Inspector of Elections can no longer be an individual
Chapter webinar on one of our favorite topics: or business employed by or under contract with the
Elections. We wanted to share the most important association, except to be an Inspector of Elections.
take-a-ways from the presentation.
Annual Meetings & Election Rules
SB 323 • Operating Rules should be sent out for the 28-day
• Requirement that an “association shall disqualify a person comment period by general delivery. Elections/votes may
from nomination as a candidate for not being a member of not be scheduled within 90 days of approving new Election
the association at the time of the nomination.” Rules.
• If provided in the Bylaws or Election Rules, candidates • Election Rules must include qualifications for candidates,
may be disqualified for: nomination procedures, voting power of each membership,
- Being delinquent in the payment of a regular or special authenticity and effect of proxies, and voting period for
assessment. election.
- Joint owner is already serving on the board or is a • A copy of the Election Rules must be delivered either
candidate for election to the board. with the secret ballots or posted on an internet website
- Being a member of the association for less than one year. identified in the notice provided to the owners with the
- If the nominee discloses or the association becomes secret ballots.
aware of past criminal conviction that would prevent the • Election Rules shall do the following:
association from purchasing or would result in termination - Prohibit the denial of a secret ballot to a member for any
of the association’s fidelity bond coverage. reason other than not being a member;
• Association shall permit members to verify the accuracy of - Prohibit the denial of a ballot to a person with a general
information on a voter list and candidate registration list power of attorney for a member.
at least thirty days before the distribution of the ballots.
Association or member shall report errors to either list Opening, Counting, and Tabulating during the
to the Inspector who shall make corrections within two Covid-19 Global Pandemic
business days of receipt. • The Inspector must keep custody of the documents
• Election Rules must require retention of association referenced above.
election materials including a candidate registration list, • The Inspector must count in front of the members at duly
voter list, signed voter envelopes, secret ballots, proxies, noticed board or membership meeting. This can include
tally and tabulation results. The association shall offer counting and tabulating on Zoom or other video or cloud
for inspection, upon demand, all of the above. However, based service remotely.
an owner is not entitled to a copy of the signed voter • The Inspector should complete a report of the Inspector
envelopes. Key take away: no cell phones should be which certifies the results of the vote/election after
allowed in the room where the inspection is to take place completing the count and tabulation.
so that the envelopes with owner signatures are not • The Inspector shall promptly report the results of the
photographed. election to the board.
18 Channels of Communication FIRST QUARTER 2021Hot “Election Buster” Items
• Association shall hold an election for the board at least Sandra L. Gottlieb is one of California’s
once every four years. leading community association attorneys.
• Association cannot disqualify someone from nomination She is a founding partner of the law firm
for the failure to pay fines. of SwedelsonGottlieb, which was formed
• Association cannot disqualify someone for being on in 1987. Sandra is an active member
a payment plan or disputing the debt owed to the of CAI and CACM. She has served as
association. President of the board of directors of three
• Association shall provide at least thirty days general CAI Chapters. On a national level, she has
notice of the procedure and deadline for submitting a represented the firm on the CAI National Faculty, the CAI
nomination. National Attorneys Committee, and is a member of the
• Association must provide opportunity for IDR before a CAI College of Community Association Lawyers (CCAL).
member is disqualified to run for the board.
Janet L.S. Powers, Esq. has been a
• Association shall provide at least thirty days before the
member of the California State Bar since
secret ballots are distributed general notice of all of the
1985. She is a senior supervising attorney
following:
in the Fiore Racobs & Powers Irvine office.
- Date, time, and physical address where secret ballots are
Ms. Powers is a member of the Orange
to be returned
County Bar Association and CAI. She is
- Date, time and location of the meeting at which the
a member of the prestigious College of
secret ballots will be counted
Community Association Lawyers (CCAL)
- List of candidates names that will appear on the secret
of CAI and has served on the Editorial Board of the CCAL
ballot
Journal of Community Association Law. She was the
• The one-year statute to contest the election commences
President of the Board of Directors of the Orange County
on the date the Inspector advises the board of the election
Regional Chapter of CAI.
results or the member’s cause of action accrues, whichever
is later.
• If a member establishes, by a preponderance of the
evidence, that the procedures of Davis-Stirling and
Election Rules were not followed, a court shall void any
results of the election unless the association establishes
by a preponderance of the evidence that the association’s
non-compliance with Davis-Stirling or the Election Rules
did not affect the results of the election.
Power your business
To view a recording of the webinar presentation, please
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FIRST QUARTER 2021 www.cai-channelislands.org 19California’s New
Election Law: Presents
Insurance Coverage
Challenges for HOAs
By Ryan Gesell, CIRMS, CMCA and Timothy Cline, CIRMS
Cline Agency Insurance Brokers, Inc.
C
alifornia’s Senate Bill 323 may have begun as a Surprisingly, very well-known carriers with a large
well-intentioned piece of legislation designed to presence in the HOA community still fail to extend
provide uniformity, oversight, and transparency to the coverage to the community manager on their D&O form,
Association’s election process. Unfortunately, compliance and
with the new requirements may prove cumbersome for many • Did the policy form include coverage for “non-monetary”
associations, and the liability exposure that it creates needs claims? Most challenges to elections are launched by
to be at the forefront of every board’s mind as they work to plaintiffs who are not seeking a financial reward. They’re
adopt procedures to comply. simply seeking to “right a wrong.” And yet defending
an Association from such a challenge can be expensive.
Again, not all policies include this coverage.
The broader D&O policies in the industry included both of
these coverages and a board that had one of these policies
could reasonably expect that there would have been coverage
for any resulting claim. That’s no longer the case.
Going Forward
Effective January 1, 2020, there is a comprehensive list of
individuals who the Board of Directors, at their discretion,
may appoint to act as the “Inspector of Elections.” The
California legislation’s list attempts to make the selection
process simply routine, but obtaining assurance that the
Compliance will be quite a hassle from a procedural D&O carrier will provide coverage for these “Inspectors” is
standpoint, but even more concerning are the claims that not. The list of acceptable inspectors includes:
will inevitably erupt (including claims for non-compliance) • A volunteer poll worker with the county registrar of voters
presenting huge challenges for D&O policyholders and their • A licensee of the California Board of Accountancy
insurance carriers that issue the coverage. • A notary public
• A volunteer member of the Association (with no
The Past connection at all to the board)
Prior to the passage of SB323, whether or not the • Professional Inspectors of Elections
Association and community manager were provided • CPA firm not under contract with the Association.
protection by the Association’s D&O policy for election- • Management company not under contract with the
related challenges was largely reduced to two simple issues: Association
• Had the definition of “insured” on the D&O policy been
broadened to include not only the board, but volunteers Volunteers
(assisting with the election) and the community manager? Of the list of acceptable options, only one of these could
potentially be covered by the Association’s D&O policy;
20 Channels of Communication FIRST QUARTER 2021the Volunteers. Some carriers have indicated that they
would provide coverage for members of the Association Ryan Gesell is the Vice President for
that are serving as Inspectors of Elections, provided that The Cline Agency. He’s been an active
these individuals are specifically identified in the minutes as member of CAI-Channel Islands Chapter
“volunteers” and provided that the policy includes coverage for the past 18 years serving on and
for Non-Monetary Claims. chairing a multitude of committees during
that time. He currently serves on the
But as we start to see claims for these volunteers, we may Chapter’s Board of Directors and co-chairs
begin to see exclusions arise in the coming years, specific the Programs Committee. Ryan lives in
to Inspectors of Election. Most immediately concerning Ventura County with his wife and two daughters who all
however, is that there would clearly be NO coverage on the think that insurance is boring and too complicated.
Association’s D&O policy for any of the other acceptable
inspectors. Timothy Cline, CIRMS, is one of the
United States’ foremost authorities
And given the extensive list of duties that the Civil Code on insurance for common interest
now requires these inspectors to perform, is it reasonable developments and is President of Cline
to expect an unpaid “volunteer” member of the Association Agency Insurance Brokers, which
to complete them with efficiency and accuracy, within the specializes exclusively in coverage for
required time limits, without any formal training? condominium associations, homeowners
associations, planned developments and
As insurance professionals, we recommend that our clients cooperatives throughout California, Oregon, Washington,
hire professional vendors to shift liability away from the and Arizona. Tim is a regularly featured speaker at
Association and onto the experts that are trained to perform educational seminars and programs throughout California
the work needed. Thus, our first inclination would be to and the U.S., including numerous programs sponsored by
recommend hiring a Professional Inspector of Election Community Association Institute (CAI). His involvement
company to handle the process. and expertise have made him the recipient of more than a
dozen awards from CAI.
However, many such companies have language in their
contracts that requires the Association to indemnify them
from potential liability. And since the D&O policy wouldn’t
extend coverage to these Inspectors, the board could find
themselves paying for the legal defense of these experts
should a claim arise.
That said, there are insurance policies available for
Professional Inspectors of Election companies. And some
policies offer the option of adding the Associations they
service as Additionally Insured.
Of concern to some communities, might be the cost
associated with hiring such a vendor, as well as concerns
with reaching quorum at the board meeting that the FAMILY OWNED & OPERATED SINCE 1991
inspectors attend.
C-33 B-1 C-23
Summary PAINTING RECONSTRUCTION WROUGHT IRON
From a Best Practices standpoint, we’d highly recommend FABRICATION &
using a professional inspector of election company, provided INSTALLATION
that they a) don’t have any indemnification clause in their
contract, and b) have their own insurance in place.
Select the BEST
If that’s not an option, then check with your agent/broker
to see if your D&O policy a) covers Non-Monetary Claims, in the H.O.A. Industry
and b) includes “volunteers” in the definition of who is an
insured. And remember to make sure that you specifically 800-493-8724 www.select-painting.com
name the Inspector of Elections as a “volunteer” in your
board meeting minutes. Select Painting & Construction, Inc. Lic # 614669
FIRST QUARTER 2021 www.cai-channelislands.org 21You can also read
