We have a new look to
the website. My tech wizards gave it a face lift. You will notice a color
change, more graphics, and a more textured background. You can run your browser over the
new thumbnails on the front page to maneuver around the website.
We are also in the process of
tweaking Google's search engine to give better search results of the website's
extensive database.
We are still smoothing out the
wrinkles but it already looks terrific. Take a look and let me know what you think.
-Adrian Adams
MEDICAL
MARIJUANA
FEEDBACK
Disabilities Act.Just wondering
if the Americans with Disability Act would allow the growing and use of pot within the CC&R
restrictions or would a person be able to smoke the marijuana on their balcony?
Really can't stop the odor of roses and flowers from a neighbor's house. Could
this be a violation that the DFEH would look into? -Ted S.
RESPONSE:
I don't know that I would compare the fragrance of roses with exposure to
secondhand smoke. My analysis regarding the use of medical marijuana on
balconies does not change under ADA or DFEH guidelines. In my opinion, boards
can balance the competing interests of pot smokers and nonsmokers and establish
reasonable restrictions on where medical marijuana can be grown and smoked.
Disclosure Issues. About marijuana smoke
migrating....many, many years ago I was a math teacher in a pretty rough school.
One morning, as I was putting up a problem on the blackboard, I started to
giggle uncontrollably. Smoke from the marijuana being used in the school hall
was migrating into my classroom. On a more recent note. There is a highrise
condo building in San Francisco where some of the owners use marijuana regularly
and the drifting aroma collects in the hall. Whereas occasional use was first
tolerated by fellow homeowners, they are now finding the constant presence
of marijuana odors annoying. This has now become a disclosure issue in the
building, to its detriment. -A. L.
RESPONSE:
There is a trend nationwide toward banning smoking in all housing. See
a recent
New York Times article on the subject. Even compassionate
bystanders are starting to recognize the negative
aspects of the unfettered use of medical marijuana. -Adrian Adams
Led Away in Handcuffs. Two comments on
growing marijuana on a condo patio or balcony: Most CC&Rs prohibit illegal
activities in a unit, and possessing or cultivating marijuana is illegal under
federal law, and under state law unless with a doctor's recommendation. My HOA
requires the resident to produce a doctor's recommendation before it will not
enforce the CC&R provision. Two residents refused to provide the requested
recommendation and the HOA enforced the ban by calling the police, who led both
residents away in handcuffs. After that, we never had this issue again. -William
R.
Quiet Enjoyment? "Pot" aside, speaking
of the "quite enjoyment" per CC&Rs, where does it stop? What if this was a
single family home? I am sure the wind would still carry the smoke next door.
-Kris M.
RESPONSE:
Single family homes are not packed together like condominiums. -Adrian Adams
GRAND CANYON
RIVER RAFTING
Running the Rapids. Adrian: Have a
great, well-deserved vacation running the rapids in CO! Could not think of
anything more beautiful to do, or more distinctly opposite of your daily life!
-Carole A.
Best Trip Ever. Adrian, I am 68 and for
50 years have been vacationing every year. The very best trip I took was down
the Colorado River on a raft. I know your trip will be amazing. -Elsa R.
RESPONSE:
It was magnificent! I went with four of America's finest--former Army officers. Two were Rangers and one earned two Silver Stars and a Purple Heart. -Adrian
MORE FEEDBACK
Agenda. I applaud your use of
the "unanimous consent" to expedite agendas. Most boards are
unfamiliar with the process and if it were used more meetings could be
dramatically shortened. Caveat - unanimous consent actions ARE ACTION ITEMS and
must be reflected in the minutes. Sometimes they are overlooked because the
don't bear the traditional "motion by Smith and second by Jones" or frequently
abbreviated "M/S/C." [When it comes to approving minutes] It is appropriate to
place minutes on the consent agenda unless, of course the board has failed to do
its duty to review and offer ministerial corrections in advance of the meeting.
(See
article from Board Source.)I
encourage your readers to bookmark
http://www.boardsource.org. -Jim Stilwell, Manager
Earthquake Insurance. I think some
clarification should be made regarding the deductible on earthquake insurance. I
have not seen a deductible ‘per unit’ of $100k. Depending on the size of the
association, that could imply quite a high limit of virtual self insurance.
Typically, a ‘unit’ is defined as a building in the earthquake policy because
the policy is underwritten on a schedule of buildings. Each building is one
unit. Further, it is expected that each owner will share in the loss equally,
whether or not their building was actually the one damaged.
Also, it is very rare to have a deductible of
an actual monetary value, such as $100k. Carriers issue earthquake insurance
with a deductible applied as a percentage of the replacement cost of a building,
not a set amount. This is because, again, the policy is underwritten on a
building schedule and commonly a complex is composed of a number of buildings in
varying configurations. That said, I can see an agent and carrier creating a
unique product if need be, especially for a risk where all of the buildings are
the exact same configuration. -Michael Berg (MBA, CIRMS, CMCA)