Termites and the Coronavirus
Adams Stirling PLC
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  California's Leader in Community Association Law April 1, 2020
TERMITES AND
THE CORONAVIRUS
 
QUESTION. I, like everyone, appreciate your newsletters. We are due for our annual termite inspection. I am board president and think we should suspend inspections because seniors like myself do not want strangers in our homes. Prudent or not? -Jill H.

RESPONSE: Yes, prudent. According to news reports this morning, the virus will not peak in California until April 26. For now, it does not make any sense to invite strangers into your home (or friends for that matter). Inspections can be done in May or June and treatments thereafter.

 
*****
Possible Association Relief. We put together information on applicability of CARES Act to associations. Nothing really definitive, but gives some guidance on where to search further. -Gary Porter, CPA, Porter & Laseiewicz, CPAs

Business Relief. The U.S. Chamber of Commerce has put out a nice guide for small business emergency loans. See Coronavirus Emergency Loans. -Adrian


How It Spreads. See CDC Information on How Coronavirus Spreads. -Georgianne M.

Closed Board Meetings. Our board is holding all of its meetings by teleconference but members are not allowed to join. Can our board legitimately close all meetings to owners for the foreseeable future? -J.C.

RESPONSE: No, there is no reason to keep their meetings closed. Meetings can be conducted via conference call services so members can listen to the meeting. The services are readily available and easy to use.

Goat Rental Fees. Goat rental fees could be considered a reserve expense. Boards of directors are tasked with maintaining the common areas and the reserve fund is a primary tool for fulfilling that responsibility. The specifics of the maintenance, a human with a weed-whacker or a goat with an appetite, are at the discretion of the board under the Davis-Stirling Act. -Scott C.

Spitting & Coughing. Thank you for the article regarding owners who spit and cough from their balconies. One of our owners does this and it's horrible. Especially in the current situation we are in, this is very offensive and unsanitary. They also spit around the central mailbox area. Should this be reported to the management company? -Barbara K.

RESPONSE: Yes, it can be reported to your management company. The board can send a cease and desist letter to the owner. Not only is it disgusting, it endangers other owners.

Fire Repairs. We recently suffered a fire in one of the buildings in our complex. Can we legally have a construction company working to repair the damage during the pandemic? -Walter H.

RESPONSE: Yes, I believe repairs can proceed. However, you should talk to your association's legal counsel. He/she will know the specifics of your situation and can advise you accordingly.

Pot in Stairwell. How about board member bad behavior? He has been smoking pot in the stairwell. The stench seeps into our hallway and into my home. -Janet L.

RESPONSE: Not only is it not neighborly, it violates the nuisance provision of your CC&Rs. If your board has not already done so, it should adopt a rule banning all smoking in the common areas.

 
FILING RETURNS
AND PAYING TAXES

No, no, no! Bob I. is wrong! The federal tax FILING deadline is also extended from April 15 to July 15. Here is the link to the IRS website. Wow, I almost had a heart attack! Of course, if you are due a refund, they urge you to file asap. Thanks for keeping us informed daily! -Sandy M.

According to both the IRS and the California Franchise Tax Board websites, both the filing deadlines and the payment deadlines have been extended until April 15. See the following links: https://www.ftb.ca.gov/ (banner at top of page) and https://www.irs.gov/coronavirus -Pat C.

The IRS extended tax payment and filing dates both to July 15, 2020. -Christie D.

The IRS issued Notice 2020-18, superseding Notice 2020-17. The new notice postpones the due date for filing Federal income tax returns and making Federal income tax payments due July 15, 2020. -Sandra S.

Check the IRS website where they will find that July 15, 2020 is indeed the revised deadline for both FILING and PAYING Federal Income Taxes. Also note that the extension may or may not be true for filing or paying STATE income taxes, so one should check with their tax preparer. According to the California Franchise Board website, the deadline for filing and paying California taxes this year has also been extended to July 15th. -Gerald F.

The deadline for paying property taxes in Ventura County is still looming April 10 despite the coronavirus outbreak, although some residents may qualify for waiver of penalties for failure to pay on time. See News Story. -Irene F.

According to the IRS, "The deadlines to FILE and PAY federal income taxes are extended to July 15, 2020." (IRS emphasis, not mine.) California is the same. -Bruce B.

 
SHOES
IN THE HALLWAY
 
I cannot stop laughing when I read this: "She can put her shoes in a Ziploc bag before taking them into her unit. Or, she can throw them in the trash and wear new shoes each day. It would help the economy." You made my day! Thank you for the humor! I am still laughing! -Lorna L.

The lawyer can wipe her shoes/soles down with a Clorox wipe before entering house. And then she can sign up for a "Miss Manners" course on living in a world with other people! -Judy O.

Good info! Thank you for your newsletter, much appreciated! -Alicia C.

Our team thoroughly enjoys both your advice and wit with your daily newsletter updates! Thanks so much for helping to keep our “ships” reasonably on course as we move through these uncharted waters – your advice is certainly helping us all navigate and stay the course despite the storm surrounding us! -John

Having once been on the board of our planned unit development I still receive your newsletter. Thank you for your informative and knowledgeable tidbits and especially for your quirky sense of humor (most recently, your comments regarding coughing and spitting, high heels in the hallway, and the cute goats!). -Virginia M.

Love your newsletter. -Irene F.

Great effort on the newsletter since the COVID-19 crisis hit us. It's a must-read. -Christie D.

I love your sense of humor hidden in plain sight! Thanks for the laughs sprinkled in with the solid advice :) -Joy K.

Love the not-so-subtle snark! Laughter will save us, even if social distancing does not! Thank you for your practical advise delivered with a wonderful sense of humor. -Maggie L.

Love your newsletter....love the humor....keep up both the newsletter and the light jokes. ;) -Bobbie L.

Just want you to know I thoroughly enjoy your newsletter. Getting accurate information out there is crucial, and I know I kept reading longer than I might have when I saw you are using humor to get the message across. Thanks! -Ann and Dean W.

Love your newsletter. Thank you! -Sandra S.

Thank you so much for your newsletter. It is always filled with both concrete information and great humor. Stay safe, stay healthy and wash your hands like you have OCD. -Janis D.

Thanks for the newsletter. Best 5 minutes of my day, these days. -Scott C.

Best newsletter EVER! Thank you for the humor!!!!!! -Stephen J.


 
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
or send an email.
 
Contact us for a proposal for legal services.
ADAMS | STIRLING's Litigation Department handles all HOA litigation needs, including:
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Easement issues
Election disputes
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Employment claims
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Noise violations
Pet issues
Property damage
Rules enforcement
Second-hand smoke
Water damage

 
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Our newsletter is for advertising and general information only. Readers should consult legal counsel.

ADAMS | STIRLING


 
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Reprinted from
Davis-Stirling.com by ADAMS | STIRLING PLC
 
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