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  California's Leader in Community Association Law January 17, 2021
2-MINUTE VIDEO
FEEDBACK

We were swamped with your feedback about our first 2-Minute Video, so much so, we can't possibly print everything. Following is a sampling. -Adrian

Phenomenal! Loved the simplicity. –Lisa E.

Great, keep these coming! Suggest boards use them in meetings! –Patricia H.

Excellent video — such an easy way to take in information — and perhaps disseminate to the community? Thank you for initiating this project. –Sukha C.

RESPONSE: Credit goes to Tim Cline for the concept. It was a collaborative effort between his agency and our firm.

What a great service to community associations!!!  -Marilyn B.

Bravo! –George S.

Loved it. Clear, succinct. The visuals are excellent. –Astrid L.

RESPONSE: Kudos to one of Tim Cline's crew, for the graphics. I write the scripts and Jeremy works his magic. -Adrian

Wonderful snapshot format. One more significant enhancement to your website and the information you provide. Your organization is providing an exceptional service — the go-to website for all things HOA. –Lauri P.

Loved it! I see this as a great resource for managers to share with board members and owners. –Jennifer S.

Your video about reserves during financial hardship is truly excellent and très à propos! As Treasurer, I emailed it to board members as it clarifies what to do and at what stage membership should be informed. Thank you for helping us and looking forward for more videos, it’s such a great idea! –Guy T.

RESPONSE: My French is a little rusty (actually, non-existent), so I had to look up très à propos to see what it meant. It means very opportune, appropriate or important.

This is a great concept and helpful for all board members, especially those newly elected. –Garry D.

Three cheers for getting so much detail into such a short presentation. I will spread news of this series. –Henry C.

YouTube is an excellent vehicle as links to individual videos can be forwarded to non-board members. In this first case, our entire Finance Committee would benefit. Keep 'em coming! -Doug G.
 
RESPONSE: The Cline Agency is also posting them on Vimeo so they are easily accessible to people seeking information. Today's video is on director conflicts of interest.
 
DIRECTOR CONFLICTS
OF INTEREST

Our second video addresses board member conflicts of interest and what to do when a conflict exits. There has been an increase in litigation involving breaches of fiduciary duties, mostly because volunteer directors are unclear about what they can and cannot do. This video should help directors avoid litigation.

  Watch Director Conflicts of Interest.


NOTE: We currently have ~40 videos in the pipeline covering basic concepts related to association management and law. The library is free to board members, managers, homeowners and industry professionals. Two more videos will be released in February. 
 

Love in the Air. LOVE LOVE your newsletters! I find the balance of these educational messages an easy read filled with humor. Thank you, keep up the amazing work to share resources. –Sandra H.

Balcony Bill. A previous newsletter covered balcony inspections. One aspect that wasn't mentioned is that not all balconies need to be inspected. I believe SB 326 only includes balconies that "extent beyond the building's exterior walls and have load-bearing components made of wood or wood-based products." In other words, wood-framed cantilevered balconies. -Lydia S.

RESPONSE: Not just cantilevered balconies but also those with wood post supports. Elevated structures requiring inspection include walkways and stairwells supported by wood products.

Retiring. I am a commercial banker who has been lending to HOAs for many years. My bank is one of the leaders in this industry. I will be retiring soon and was just elected to our board of directors. I was appointed Treasurer. Yes, they always make bankers the Treasurers. Thank you and please do not retire. We enjoy your knowledge and humor. -Robert A.

I may skip other entries in my email, but never yours. –Astrid L.

Thank you so much. I love your newsletters. -Sharon H.

Memories. May this year provide you with memories to last a lifetime. You are appreciated. –Frank S.

RESPONSE: Thank you! Last year provided enough memories to last a lifetime. I'm hoping this year will be a little less memorable.

SB 323. Please, folks, drop a quick email or letter to your state senator and assemblyman each time another bad example of the ills of SB 323 comes up. I have written and called multiple times. I think our elected officials need to know how harmful this legislation is. –Claire B.

RESPONSE: I agree. Legislators need to know that SB 323 is a dumpster fire. The bill made HOA elections long, complicated and expensive. It should be rescinded.

Reserve Borrowing. Hello, When a board decides to borrow reserve funds, reduce reserve transfers, or defer reserve projects, the board needs to provide these details to their reserve provider. Even better, the board should first consult with the reserve provider while exploring these options. -Mike McDermott (Browning Reserves)

RESPONSE: Good point. Too often, boards forget to inform their reserve analyst when they make decisions that impact the association's reserve funds.

NEWSLETTERS. Readers can find current year and prior year newsletters posted here. Older newsletters are not posted since the information they contain can change over time with new statutes and case law. The website itself is kept updated with current information which can be found via the "Index" or through our website's internal "Google Search" feature. You can find the search line in the upper right corner of the website under our ADAMS|STIRLING logo.

 

Statewide Updates. The greater Sacramento region exited the regional stay home order effective January 12, 2021. The counties in that region will now be controlled under the tier system. 1/12/21 Press Release re: Exit Regional Stay at Home Order.

Northern California. Butte County issued a 1/12/21 Press Release re Exiting Regional Stay at Home Order.

Calaveras County issued a 1/12/21 Press Release re Vaccine Rollout and Other Updates.

Contra Costa County issued a 1/11/21 Press Release re: Increase Vaccination Efforts.

Fresno County issued 1/8/21 Youth and Recreational Adult Sports Guidance.

Humboldt County moved from Red to Purple Tier.

Lake County issued a 1/8/21 Press Release re: High Risk of Infection in County.

Madera County issued a 1/12/21 Press Release re: Availability of Vaccine for Those 75+ and Call for Volunteers To Assist with Vaccine.

Marin County issued a 1/12/21 Press Release re: All Tiers of Phase 1A Now Open For Vaccine.

Mendocino County issued a 1/11/21 Press Release re: Ramping Up Vaccine Clinics.

Mono County issued a 1/11/21 Press Release re: Vaccine Prioritization and Distribution. The County issued 1/12/21 Rules for Returning to School After Illness During Pandemic.

Monterey County issued a 1/10/21 Press Release re: Vaccination.

Napa County issued a Vaccination Schedule. The County issued a 1/9/21 Press Release re: Extension of Regional Stay at Home Order.

Nevada County issued a 1/12/21 Press Release re: Exiting Stay at Home Order Into Purple Tier.

Sacramento County issued a new Health Order to align with the Purple Tier.

Santa Clara County issued a 1/9/21 Press Release re: Extension of Regional Stay at Home Order. The County also issued a 1/21/21 Press Release re: Misinformation About Availability of Vaccine.

Santa Cruz County issued a 1/12/21 Press Release re: County Seeking Rental Assistance For Renters Unable to Pay During Pandemic.

Shasta County issued a 1/11/21 Press Release re: Vaccination Available to New Groups.

Sonoma County issued a 1/12/21 Press Release re: Vaccine Outreach Campaign.

Sutter and Yuba County issued 1/9/21 AB685 COVID-19 Workplace Outbreak Reporting Requirements. The County also issued 1/12/21 Vaccine Schedule.

Tehama County issued 1/8/21 Vaccine Schedule Update.

Yolo County issued a 1/12/21 Press Release re: Stay and Home Order Lifted and Return to Purple Tier.


Southern California. Riverside County scheduled several Covid-19 vaccine clinics throughout the region in phase 1A, 1B and a clinic for those 65 and older.

San Bernardino County: The Supreme Court of California rejected San Bernardino’s petition seeking local control of Covid measures rather than be restrained by the state’s regional approach.

San Diego County plans to offer Covid-19 Vaccine to people 65 years and older.

Santa Barbara County's Phase 1A Covid vaccinations available at local pharmacies.


READING THE CHART. Because the chart is large and the text small, you can easily make it larger for viewing by holding down the "Ctrl" key on the left side of your keyboard and then using your finger to scroll forward or backwards with the wheel on your mouse. You will see the text grow larger or smaller as you move the wheel. For a list of county restrictions and links to health department orders, see County Chart 1-13-21. The chart is also posted on our website.

 
Boards can <"/mailer" target="_blank">contact us for friendly,
professional advice.


Adrian J. Adams, Esq.
Founder & Managing Partner
ADAMS|STIRLING PLC
DISCLAIMER. Our newsletter provides commentary based on sketchy information we receive from readers. From time to time, we add a little humor. Some find it amusing. Others are appalled. Some readers are excited when they score free legal advice. Not so. Our newsletter provides commentary only, not legal advice. You need to pay real money for an attorney to review all the facts and give you a legal opinion. We do that too. It's okay, we're friendly. Keep in mind we are corporate counsel to California associations only. Request a proposal to represent your association.
2-MINUTE VIDEO LIBRARY
Conflicts of Interest
Borrowing Reserves

I join Adrian in inviting you to <"/mailer" target="_blank">contact us for your association's legal needs.

Hon. Lawrence W. Stirling, Senior Partner and author of the Davis-Stirling Act

Contact us to amend your governing documents to comply with rent restrictions required by AB 3182.

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Reprinted from
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