October 27, 2016
News and Other Things for Harbour Vista Community Huntington Beach
posted 22 October 2016
Meet Snappy. Happy, Sleepy, Nappy, Sneaky, Stinky, Wiggly, Tingly, Kingly, Blingy, Clingly and six other nameless Orange Platy fish residing in an aquarium at Harbour Vista. Snappy the mother and Happy the father recently gave birth to sixteen baby fishes.
Encouraging the Birth
For the birth, a thunder and lightning app was set up on the owner's iPad projected against the aquarium. He also drained 30% of the water from the tank to protect the new fish when born. With the help of Tylenol for a night cold, the resident was awake when they were born at 3AM. He was able to save the majority of new born fish who had no idea they might be mom’s or dad’s next meal. Unfortunately he lost two of them. ■
posted 18 October 2016
Recipe of the Month
by Eden Hommes
A whole food is not heavily processed and doesn't contain additives like preservatives, artificial coloring, and extra sugar. Why are whole foods better for you? Higher vitamin and mineral content, and less toxic chemicals. Whole foods strengthen health, while processed/packaged foods deplete health and expose you to unnatural ingredients and high levels of sugar, trans fats (processed oils), and excess sodium. Try this easy whole foods recipe to warm you up on a chilly Autumn night!

  • 1 packet extra firm organic tofu (drained and cubed)
  • 1 Tablespoon coconut oil
  • 1 packet (10oz) cherry tomatoes
  • 1 large bunch broccoli rabe (about 5 cups chopped)
  • 1 pint washed and sliced cremini mushrooms
  • 1 large yellow summer squash (sliced)
  • 1 small onion (diced)
  • 2 cups farro (a chewy grain)
  • 4 cups vegetable broth or water
  • salt and pepper
  • 3 cloves crushed garlic
  • 1 Tablespoon extra virgin olive oil
First, cook the farro in a saucepan with 4 cups of water or vegetable broth. Stir frequently, until chewy and most of the liquid has absorbed. Season as needed, and set aside.

Saute the cubed tofu in the coconut oil until crisping on the sides, and season with salt and pepper. Set aside.

In a separate large pot, add all the vegetables (add the broccoli rabe last) with about 1/2 cup of water, salt, pepper, and garlic. Steam until the vegetables are tender. Drain. Toss with about 1 Tablespoon extra virgin olive oil (optional...fats help you absorb fat-soluble vitamins in the vegetables).

Serve the farro topped with the vegetables and tofu. ■
Footnote: "A resident of Harbour Vista, Eden Hommes is an ER nurse with a passion for preventative medicine and natural health. She is working on a Masters degree in Holistic Nutrition, and teaches classes on Essential Oils. She can be reached at NurseInTheKitchen@hotmail.com."
updated 7 October 2016
October Maintenance Happenings
Our new Landscaping Service Bemus Landscape, Inc. does not waste anytime starting to work. Residence noted the posting of several signs "Turf Restoration in Progress" with smaller signs for October 6th:
Chemical Application in Progress
Please Remain off the Grass until Dry
Bemus contract was awarded October 1. Bemus also posted documentation of the chemical they will be using called Glyphosate (Roundup). This is a broad-spectrum systemic herbicide and crop desiccant. It is used to kill weeds, especially annual broadleaf weeds and grasses that compete with crops. ■
posted 25 August 2016
Dinning Around Harbour Vista
by Jim Gregg
Let your imagination run wild at this quaint little sandwich shop nestled in the corner mall on Warner Ave. and Springdale Avenue, Fritzankotter’s Sandwich Factory reminds me of days gone by when all the great stars from golden years of Hollywood trotted down the boulevard for all their fans to see. Now, we can run wild through Fritzankotter’s menu spotting your favorite star, and wondering how tasty they will be with mustard, mayo or secret sauce compliment!
No Burger Joint
If you’re looking for burgers fries or hotdogs, this is not the place for you, but if you want something that taste good and served quick and fresh, you’re in the right place. This place must be where Subway got their original concept, because they have been at it for nearly 45 years now.
I ate s Mickey Rooney!
But I could have had a Red Skelton or Hitchcock or a George Burns, they are all my favorites! Roast beef, turkey, ham, pastrami, corned beef, salami, tuna, liverwurst, and egg salad are a perfect (aka) match for Hollywood stars like: John Wayne, Sally Fields, Frank Sinatra, and dozens of other celebrities have made it to their honored list called a menu!
Celebrity Will Surprise Me?
My only disappointment was “Soup of the day” didn’t have Soupy Sales on the list!

This place is worth going back to, I just have a sneaky suspicion that some celebrity will surprise me by turning up just to visit with their old pals!
Confort Food
Fritzankotter’s serves comfort food without the cooking and cleanup. You can sit down at a table without a waitress and no one will bother you while having a quiet friendly conversation.
I’m ready for a re-visit!■

Fritzankotter’s Sandwich Factory
5936 Warner Ave.at Springdale
Huntington Beach, CA, , 92649
Phone: (714) 714-846-4438 FAX:714-846-4439
Mon. thru Fri. 10am-7pm
Sat.- 10am-4pm
Web: http://www.hbrackhouse.com
Starting in November
in four parts
by the Rosendahl's

"Getting into an HOA Lawsuit"
posted 25 September 2016
The Bleeding of HOA Funds
by Michael Barto
With a major operating deficit hanging over our HOA mostly for legal fees, our homeowner monthly assessments may increase by approximately $20 or more starting in January. Why did our HOA pursue a trial against one homeowner which came down to “ they did not asked for permission” for their remodeling project? Though I consider the Boards to have not acted in the best interest of the HOA, I believe they should not be entirely to blame. The legal professionals that represented us were more interested in enriching themselves than resolving issues. This editorial hopes to answer some of these questions.
Why It All Started
The homeowner living below the member’s remodeling project had threatening a law suit if the HOA did not enforce its CC&R’s. The main complaint was construction noise as the floors had been stripped down to the bare surface eventually to be replaced by tile. The neighbor also expressed that their remodeling was not safe. This all started with the previous Gayle Poytner Board filing a restraining order against this homeowner in April 2015.
Plaintiff versus Defendant
Unable to come to terms with this previous Board, a trial was schedule for February 2016 and our HOA became the plaintiff by taking sides with the homeowner below. As the plaintiff, our legal council Berding & Weil LLP had control of the size of the litigation. If the HOA would had defended the homeowner above and the member below had sued at his expense, the HOA would have been the defendant. As the defendant, our HOA has insurance to cover legal expenses if they loose. Not so if the HOA is the plaintiff. I wonder if this was ever discussed and why it was in the best interest of the HOA to be the plaintiff. 
New Board
The Gayle Poytner Board at the last minute declined not to run for another term (except for the treasurer). This forced a last minute write-in candidacy for the new Mike Mengel Board. At that time the HOA legal expenses were approximately $27,000 (end of July 2016 financial statement).
The City Approved It
The City of Huntington Beach had approved the homeowner above remodeling project and had issued them building permits in March 2015. The design matched a similar remodeling project at Harbour Vista in 2004 which a previous Board had allowed with no objections. But with the April 2015 restraining order, all work stopped for this homeowner.
Not Resolving Anything
After meeting with the HOA Legal Council, the Mike Mengel Board started a round of six months with back and forth letters and two meetings to resolve the issues. Documentation was submitted and promptly lost and resubmitted. For some reason, the Mike Mengel Board was convinced that this member did not had valid Building permits even though they were posted online at the City’s Web site. This was also the contention of the HOA legal council until a Judge in November 2015, ruled that they did have permits and allowed the homeowner to do work in their condo. Berding & Weil LLP specialized in Construction Law. Our HOA had now run up General Legal expenses to approximately $50,000.
Trying to Negotiate
The HOA tried to discredit the City inspection by asking the homeowner to open up their condo floor to investigate electrical wiring that had already been inspected and signed off by the City. The homeowner agreed as they had nothing to hide. Indeed the inspection by a third party hired by the HOA proved it was fine.
Settlement Conference
In late December, there was a Court Settlement Conference. The HOA offered the homeowner permission to complete their remodeling and would grant them the use of the common exclusive use attic space which was not in their original design request to create a loft. The only requirement was that the homeowner would pay $30,000 in legal fees. The homeowner had already spent $10,000 on their own legal defense and refused. The HOA decided to go to trial. The HOA was now approximately into $58,000 in legal council expense.
Not Resolving Anything
Without the City supporting the HOA, our HOA, through our Legal Council, paid for its own State License Structural Engineer and General Contractor. These people would testify that the installation of a 600lb kitchen island would have the floor fail. The City had never thought this an issue. The defending member hired two State License Structural Engineers which refuted this claim. But Berding & Weil LLP refused to have this discrepancy resolved in a meeting.
The Trial
Short on funds to hire a qualified attorney, the homeowner defended themselves. Berding & Weil LLP assigned two prosecuting attorneys. A new judge was assigned to hear the case who was a friend of the father of one of the prosecuting attorneys which he stated at the beginning of the trial. Most of the trial was spent preventing the defendant from presenting evidence (e.g. no foundation). The defendant’s Structural Engineering reports were not allowed as evidence, but the HOA Structural Engineer who never physically inspected the unit was called as the expert witness. An "Expert Witness" is paid to offer an opinion. After four days, this new judge ruled in favor of the HOA and awarded all legal fees to the Association. No damages were granted.
Follow On
The HOA allowed the member to keep their original floor plan and the plumbing modifications. The member is not allowed to install the island. The member at their expense, has offered to pay for all the State License Structural Engineers to sit down to resolve this "safety issue". This is a requirement by the State Licensing Board when structural engineers have different opinions. The Board has refused. The Board continues to fund Berding & Weil LLP to collect the funds with an expensive Judge review Debtor Exams, new attorneys, stenographers and serving subpoenas. Estimates are another $30,000. This litigation will require the homeowner to file bankruptcy.
No Accounting to the Members
There may be another side to this, but the Board at present has refused to provide an accounting to the HOA. Why won't they resolve the issue with the island safety when the homeowner will pay for the resolution of the three studies by State License Engineers?
Was This an Ethical?
Berding & Weil LLP should have known the defendant had valid building permits. Someone should have made it clear the consequences of plaintiff versus defendant. Was there any money to win? If you want to blame the Board, what would you have done with the advise from a large legal firm. At the last election, the candidates ran unopposed.
Stop the Secrecy
Yes our Board was naive, but that is true for most HOA Boards. If more members would had been informed of these expenses, maybe more reasonable outcome would have occurred. Our Board needs to stop being so secretive. ■
Editor Notes:
  1. Discussions in the Editorial are from interviews with the defendant, observations during the timeline and attending the trial.
  2. Harbour Vista News was not present during the Settlement Conference. Information from this is from the defendant. But we have obtain a copy of an email from Berding & Weil LLP which states basically the same thing.
  3. Cost Estimates are from the monthly Financial Statements with conservative assumptions as to the delay for the actual invoice and payments.
  4. HOA fund have in the past been restricted to 5% maximum without members' approval.
posted 25 October 2016
Dues on average will go up 2-1/2% starting Janauary 2017. This was approved at the October 24 HOA Meeting. More to follow in Board Highlights to be posted later.
re-posted 11 October 2016 (correction)
September HOA Meeting Highlights
Recommended 7% Dues Increase
Architectural Guidelines Still in Limbo
Settlement Meeting Requested
The September regular HOA meeting was held September 26 in the Cabana Club House. All members of the Board, Mike Mengel, Ted LaMantia, Terry-Piper Johnson, Michael Huma and Mary Williams were present.  Action Property Manager Peggy Shaw was also present along with eight homeowners. President Mike Mengel asked that the meeting be shorted because of the heat and forthcoming presidential television debate. The meeting lasted approximately 30 minutes and was adjourned to executive session. 
Open Forum
  • The Rosendahls, the members with the judgement against them for "not obtaining permission" for their remodeling project stated that their bankruptcy attorney had told them to formally requesting a meeting with the Board in "Emergency Executive Session" to discussion settlement.
  • A member informed the Board that the elevator plastic light covers in her building (4861 Lago) had fallen and hit her and another resident. The Board asked if she had filed a repair work order with Action Property Management. The member said she was unaware that she needed to do this. Community Manager Peggy Shaw promised to file a maintenance report on behalf of the homeowners in that Building.
Financial Report
The HOA Operating Funds deficit fell this month by 11%. See the Vivo Web Site for the exact amount as shwon in the end of August Financial Report. Look under the "Documents" tab.
Committee Reports
  • The Architectural Committee submitted no report. HOA Secretary Terry-Piper Johnson asked when the Architectural Guidelines were going to be published? HOA Treasurer Mary Williams state that she has been too busy updating the Rules and Regulation to work on them. HOA President Mike Mengel said he want our HOA legal council to approve the verbiage. Terri asked that everything be approved at the next meeting.
  • Treasurer Mary Williams, the Chairman of the Landscaping Committee, stated that new landscaping company Bemus will start putting in more mulch when they start October 1.
  • The Parking Committee submitted no report. President Mike Mengel stated that the Board is making minor changes to rules regarding storing excess vehicles for residents who own three or more vehicles. 
  • Mary Williams discussed minor changes to the Rules and Regulation from the ad hoc committee of herself and former HOA Secretary Cindy Lee.
    • Pool hours to be shortened (too long and too noisy during week days and weekends).
    • no smoking rule will be enforced at the pool area.
    This needs to be approved by legal, and then will send out to members for 30 days to comment before being enforced.
Unfinished Business
  • Fire Alarm Monitoring/Replacement Panel Proposal with two bids was tabled until a third bid will be received.
  • Pool Furniture proposals were tabled till end of summer to take inventory. 
New Business
Action Property Management proposed a draft budget asking for an increase in dues $29 per month (7%). Mike Mengel wants to look through the Draft Reserve Study and compare past years. 

It was stated that Board has until the October HOA meeting (24th) for the Board to approval the new budget. Deadline is November 1st, to mail the budget out to the members so they can be notified of the increases by the November 15 deadline (45 days prior to going into effect).  It was announced that the Board will meet for approximately 3.5 hours in next few weeks to discuss the new budget.

Peggy Shaw stated that Harbour Vista has many leaks that need to be re-piped which would cost millions of dollars. Mike Mengel said the only way we can afford to re-pipe is to borrow the money.

No new liens were announced.

The next meeting of the HOA will be October 24th at 6:30pm in the Cabana Clubhouse.■
Correction: In the original posting, it was attributed to Peggy Shaw that she said that re-piping was a multimillion project. This was in error. What she actually stated that re-piping would cost millions of dollars. The Newsletter appreciates any correction or clarification and will happy repost articles when errors are identifying. See Letter.
posted 11 September 2016
A neighbor submitted this anonymously story about his inexpensive solution to repair of his garage door because it no longer closed properly.
When the wood garage doors at Habour Vista were replaced with aluminum, a top door strut was not part of the upgrade. Over time some doors have buckles and wears out preventing them from shutting properly. After doing some research, I realized it needed a strut on the top allow my door completely closed. Instead of paying a garage door service $135.00 to drill 6 sheet metal screws into the top to install a new strut, I decided to do it myself.
My Solution
I went to Lowes which didn't have a strut. Instead of throwing in the towel I kept looking and found a 3-5/8 inch X 8-FT 20 gauge Metal stud. Which was exactly the width I needed. Part number is 131210. I purchased some self drilling metal screws. The only issue was you need to cut the metal in order to fit in between the rollers on the garage. Simple fix took me about 10 minutes and this was without proper tools. Used a screw driver as my drill wasn't working. Total cost was $9.50. That is how I did it and it works great. ■
posted 23 August 2016
Private Social Media Site
For Harbour Vista
Harbour Vista News was recently introduced to Nextdoor - a private social network for our neighborhood. Neighbors register by their location (street name) and then become part of group. For Harbour Vista residents, our group is called Harbour Pines. It includes Harbour Vista condos and the surrounding neighborhood. ng neighborhood.
Local Information
You can ask your local neighbors for recommendations. For crime or safety issue members of the police department even participate posting information about road closure and local crime incidents. There is a lost and found and classified section. You can find a last-minute babysitter or a pet sitter through Nextdoor.
There is no charge to be a member. To start go to (https://nextdoor.com/), you will find and meet your neighbors there.■
Current News (click links)
Real Estate Update (10/27/16)
News Flash (10/25/16)
Eleven Orange Platy Fish (10/23/16)
HOA Meeing Agenda Updated (10/21/16)
Recipe of the Month (10/19/16)
Renter's Corner (10/13/16)
HOA Meeting Highlites (10/11/16)
Maintenance (10/07/16)
Cleanup After Yourself (09/29/16)
A Great Deli (09/25/16)
Bleeding HOA Funds (09/25/16)
HowTo: Adding Garage Struts (09/11/16)
FYI: Nextdoor (08/23/16)
posted 29 September 2016
The State of the pool BBQ's at Harbour Vista is becoming a concern. Cockroches are a common occurrence. The HOA does repair and clean these units. But this is not on a regular basis or can it be done immediately.
Your Property Too!!
Members and renters should clean up after themselves!! Grilling marinated meats leaves sweet BBQ sauce which attracts insects.
Simple Quick Clean
After you as a member or a renter uses the BBQ's, please go to the trouble to clean the grills. It is not too much effort. Burn of the residue off and use a wire brush to remove the ashes.■
Comments, Responces and Suggestions
Contribution, comments, responses, suggestions, corrections (including broken links) or something to add? Please take the time from a busy life to 'mail us' (email:mbarto@logiqwest.com). You will have a warm inner glow for the rest of the day. ■
Property Management
Action Property
Management Company

2603 Main Street, Suite 500
Irvine, CA 92614
Tel: 800-400-2284
Web: http://www.actionlife.com
Community Manager: Peggy Shaw
Email: pshaw@actionlife.com
Direct Line: 949-450-0202
Community Care: communitycare@actionlife.com
Community Portal: http://www.vivoportal.com/
Harbour Vista HOA
HOA Board Email contact: hvboard@harborvistahoa.com
HOA Board of Directors
Name/Title Individual Emails/Cells
Michael Mengel
Ted LaMantia
Vice President
Terri Piper-Johnson
cell: (707) 477-9044 (txt also)
Mary Williams
Mihai (Mike) Huma
Member at Large
(click name link to read profile statement)
Guide to Harbour Vista News
Web Repository
Harbour Vista News web repository includes documentation sets and discussion. Many Documents are provided as both PDF’s and easily displayed html versions. Included are: See Menu pulldowns at top of Page. Download Printed Editions.
Homeowner's Portal: www.vivoportal.com
HOA Official Web Site: harbourvistahoa.com
HOA Email: hvboard@harbourvistahoa.com
Upcoming HOA Meeting Schedules
(subject to change without notice)
Date Location Time Agenda
Cabana Clubhouse 6:30PM
    The Board of Directors will hold an Executive Session on October 24, 2016, immediately following this meeting, to discuss matters related to member discipline and collections.
    Open Forum and Board Meeting Conduct
    The items on the Consent Calendar are routine or items that have been discussed with the Board, approved verbally or electronically, and action taken, and the motion is stated in order to incorporate the action into the Association's corporate documents.
    1. Approval of the Regular Board Meeting Minutes of September 26, 2016.
    2. Acceptance of the Financial Statement for the period ending September 30, 2016.
    1. Architectural Committee
    2. Landscaping Committee
    3. Parking Committee
    1. Fire Alarm Panel Replacement Proposals
    2. Pool Furniture Updates - Discussion
    3. Draft 2017 Budget (approval?)
    4. Draft Reserve Study
    5. Rules and Regulations Update - Discussion
    1. Investment
    2. Delinquency Report/Liens
  9. SCHEDULE NEXT MEETING (November 28, 2016)
October 25, 2016 at 7:30 PM
  1. Approval of Executive Session Minutes dated September 26, 2016.
  2. Legal Issues
  3. Litigation Matters related to collection of assessments.
28 November
Cabana Clubhouse 6:30PM
November 28, 2016

November 28, 2016 at 7:30 PM
Real Estate Summary
(as of October 26, 2016)
Active Real Estate Listing
Address Type Asking
16512 Blackbeard Lane #205 1BD/1BA $196,300 (back on market)
16542 Blackbeard Lane #100 3BD/2BA $240,000 (back on market)
Address Type Information
Address Type Information
16512 Blackbeard Lane #205 1BD/1BA $196,300
Closed Sales 2016
Address Type Closed
4861 Lago Drive #200 3BD/2BA $292,000
4861 Lago Drive #104 1BD/1BA $218,900
16512 Blackbeard Lane #105 1BD/1BA $180,000 (8/1/16)
4861 Lago Drive #203 3BD/2BA $296,000 (8/1/16)(private sale)
16512 Blackbeard Lane #101 3BD/2BA $312,750 (7/30/16)
4831 Lago Drive #201 3BD/2BA $291,000 (7/6/16)
4852 Cabana Drive #206 2BD/2BA $265,000 (7/1/16)
16512 Blackbeard Lane #106 1BD/1BA $229,500 (5/26/16)
16551 Grunion Lane #205 2BD/2BA $264,000 (04/12/16)
4861 Lago Drive #304 1BD/1BA $220,000 (04/07/16)
16521 Grunion Lane #204 2BD/2BA $270,000 (3/31/16)
16521 Grunion Lane #304 2BD/2BA $260,000 (3/18/16)
16521 Grunion Lane #105 2BD/2BA $283,000 (2/25/16)
16512 Blackbeard Lane #106 1BD/1BA $177,500 (1/19/16)
Closings Sales 2015
4861 Lago Drive #203 3BD/2BA $246,919
4831 Lago Drive #200 3BD/2BA $305,000
4831 Lago Drive #104
1BD/1BA $205,000
4791 Lago Drive #104 1BD/1BA $230,000
16512 Blackbeard Lane #202 3BD/2BA $240,000
4831 Lago Drive #103
2BD/2BA $265,000
16542 Blackbeard Lane #201 3BD/2BA $270,000

Note: An up green tick () means sold for more than asking price.
A down red tick ( ) means sold for less than asking price.
For sale, available to show, with no accepted offer.
A contingent offer is accepted and in escrow, but buyer retains contingencies to cancel, and the Seller is inviting "Backup" offers. The price shown is the list price, not necessarily the contract price.
Buyer has removed all contingencies, and the escrow is in final closing stages. The price shown is the list price, not necessarily the contract price.
The property has been removed from marketing, but a listing contract is unexpired, and still binding on the seller.
The listing is available for sale, but the property cannot currently be shown, usually for temporary convenience factors.
The following rental information was provided (13 October 2016))
Address Type Price Info/Ref
4861 Lago Drive #106 (hold) 1BD/1BA $1850/mon Agent: Robert Jennings
16542 Blackbeard Ln #203 2BD/2BA $2000/mon Agent: James Melton
Harbour Vista News
16458 Bolsa Avenue #15
Huntington Beach, California 92649
Phone: 714-883-1949

Harbour Vista News mandate is to provide news and community information for the owners of Harbour Vista properties in Huntington Beach. Contributions are welcome. We are all in this together™.
This website and it's contents is not an official or legal entity of the Harbour Vista Homeowner's Association, LLC. The content has not been approved by, nor are the views, expressed or implied, those of the Harbour Vista HOA Board of Directors or the membership. Send email to mbarto@logiqwest.com