Riverside Pools Closed
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  California's Leader in Community Association Law March 28, 2020
RIVERSIDE 
POOLS CLOSED

There has been a lot of confusion over the closure of swimming pools in Riverside County. The issue is not readily apparent on their website. I received emails from Ron Z. and other readers who contacted the Riverside Health Department directly to find out for sure.

Pools Must Close. On their March 24, 2020 Frequently Asked Questions on Riverside County Public Health website, information about swimming pools can be found on Page 8: 
Can private pools, like those in a gated housing development or apartment building, remain open? No. Both public and privately owned shared pools must be closed, including apartment pools, hotel pools and neighborhood pools. Pools attached to a single family home and not shared by persons outside the residence are permitted to be used by the inhabitants of the home only.
Continue to Maintain. Associations must continue to maintain pools and spas. Pool companies are essential services and keeping pools and spas cleaned is a public health consideration. 

San Mateo Pool Closure. San Mateo County Health Order mandates closing public pools, and defines those as pools permitted by the Health Department. For Portola Ranch Association, we are regulated, inspected annually, and permitted by the County and have utilized their website FAQs to explain our choice not to open our pools as intended. -Mac I.

 
VIRTUAL BOARD &
COMMITTEE MEETINGS

Meeting Contractors. I am concerned about meeting with contractors to get bids on future projects, parking lot painting, tree trimming (not currently a safety issue), etc. -Ron T.

RESPONSE: Get in front of your computer and hold Zoom meetings with the contractors. They are easy to set up and free. You can get everything you need without leaving your unit. Proposals can be emailed to you in PDF form by contractors, which can then be distributed to fellow board members.

Architectural Applications. I am wondering what your thoughts are on reviewing architectural applications during this time. Our board has postponed all meetings but our committee is willing to review applications via email. The only concern the board has is the implication that the HOA is pursuing work to be done while the Governor has the stay-at-home orders. I think we can still review applications but give homeowners an extended period of time to complete projects. Is that okay? -Brinna K. 

RESPONSE: Reviewing architectural applications on your computer does not violate the Governor's order. Giving extensions to complete projects makes sense since very little work can be done right now. 

Processing Applications. Any suggestions on how to run an architectural review meeting? Receiving and handling the applications, because of the virus threat, is a problem. The master board’s attorney has stated that we must process the applications. -Ray L.

RESPONSE: I agree with their attorney. There is no reason applications can't be processed. 

Annual Meeting. Our HOA annual meeting is scheduled for April 15. If the current restriction is still in effect what do we do? -Arnold B.

RESPONSE: There are a number of conferencing services available for boards to use to hold board and annual meetings. Here are some:

  -Amazon Chime
  -ClickMeeting
  -ezTalks
  -Google Hangouts
  -GoToMeeting 
  -Join.me
  -Skype
  -Zoom

For annual meetings, another option is to record the meeting without anyone in attendance, except the president and the inspector of elections. The inspector can open and count ballots. The recording is then posted so members can observe the meeting. 

Email Meetings. Our members are 55+. There are a small group of members who are upset about the board holding meetings through emails, accusing us of not giving them opportunity to voice their opinions. Civil Code 4910(b)(1) allows email meeting though. We do have business to conduct to ensure the association is operating. What would you recommend? -Gwen C.

RESPONSE: Unless it's an emergency, there is no need to conduct meetings by email. Boards can conduct telephone conference calls or video conference calls through a number of different services, some of which are listed above. Members can call in and listen to boards conduct their meetings. 

 

Exempted Businesses. The L.A. Times nicely summarizes the exceptions to the Governor's stay-at-home order. I hope this is helpful to your readers. -David G.

Reserve Study. Our fiscal year ends October 31 and this is also the year of our full reserve study which is conducted by our management company with the close involvement of our budget committee and board. Can these functions be postponed beyond the end of our fiscal year? -Steve A.

RESPONSE: There is no need to postpone your reserve study. As I noted in my March 24 newsletter, site visits are normally done by a single individual. The reserve report is pursuant to statutory requirements so boards can prepare s budgets and make disclosures as required by the Davis-Stirling Act. I see it as an essential service--it helps boards fulfill their duties.

Street Parking. Our CC&Rs allow RV parking on our private streets for 4 hours to load/unload only. A resident firefighter requested the board to allow him to park his RV for 2-4 weeks so he can live in it after his shift as he is concerned about contracting COVID-19 and infecting his family. Is this something the board should allow? -Kent W. 

RESPONSE: Yes, they should allow it. Boards can grant temporary waivers for extraordinary circumstances such as these. If directors don't allow it, they should have their heads examined. 

Stimulus Bill. Great info on the Senate Stimulus Bill contents. Thanks for including in your newsletter. -Ray O

Regular Updates. Thank you for these regular updates during this time. I was just putting together a summary similar to this for training our managers not only during the next few months of COVID but through the next however long this recession will be. -Dave R.

Manager Kudos. Thank you for breaking this all down for us. I am gratefully living in a Park here in Scotts Valley. We have an amazingly competent young manager. She shut us down immediately, much to the whining of many of us who love our programming and exercise. Her name is Rachaell Monroy and she is my hero. -Diane C. 

No Fake News. In a world of fake news, it is great to get reliable information. Keep up the great work. -Jim G.

Spilled Coffee. Oh you must be exhausted, I saw you tipped over your coffee. Time to take a mid-day nap. -Donna G.

RESPONSE: No time for naps now--I can sleep later. Because of our newsletter list snafu, I urge everyone to sign up those they think would benefit from our newsletter. Go here and enter their email address. 

Library Closed. Our biggest push back is closing our small library! Are private HOA libraries required by state or health organizations to close? -Bob C. 

RESPONSE: Most boards are closing all facilities where members might gather and transmit the virus. That includes clubhouses, libraries, gyms, pools, hot tubs, etc. It's expected the virus will intensify in California over the next couple of weeks. Let's hope not, but better safe than sorry.

Tax Filings. First, let me say that I greatly appreciate all your insights and sense of humor as we deal with the COVID-19 problems. In your March 26th newsletter you commented that both the IRS and California pushed back the deadline for payment of taxes and filing of tax returns from April 15th to July 15th. While this is true for individual tax returns, I believe the extension may not apply to corporate and other business returns. -Gerald F.

RESPONSE: Boards should contact their association's CPA about the deadline for filing a tax return. The date may depend on the association's fiscal year-end. 

Kudos #1. This is Adams Stirling's finest hour! Thank you for rising to the occasion with such timely information, keeping us abreast of midnight breaking developments. -Elise F.

Kudos #2. Great reading and information. Thank you! -Bonnie A. 

Kudos #3. I wanted to thank you for your newsletter. You all put a lot of time into it, and I appreciate it. Humor is good for us at a time like this. Keep up the good work. -Patricia

The Mask. Put the mask back on. :). Love the newsletter. -Bill D.

RESPONSE: I practice safe newslettering. I wear a new mask and disposable gloves each day I write one. Yesterday, I ran out. I had to run to the store for more. Also, the typos in my newsletters are due to disposable gloves. It's hard to type wearing them. 


 
Boards can contact us for friendly,
professional advice.


Adrian J. Adams, Esq. 
Founder & Managing Partner
ADAMS|STIRLING PLC
Because we invested in technology that allows us to operate during emergencies, ADAMS | STIRLING continues to respond to client needs when others cannot.
 
If you need anything, call us at 
(800) 464-2817 


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