August 22, 2016
HARBOUR VISTA NEWS
News and Other Things for Harbour Vista Community Huntington Beach
1
posted 19 August 2016
EVERYTHING BUT THE KITCHEN SINK
After more than a year of letters back and forth about the repair of a broken kitchen caused by a slab leak, the HOA has agreed to pay the homeowner Jim Gregg for a dishwasher and completion of the baseboards in his kitchen. But the Board refuses to pay for his broken kitchen sink caused by his tile countertop being supported by 2X4’s for four months while the HOA was deciding what to do.
History
The damaged kitchen occurred more than a year ago in July 2015 when the HOA plumber Scott English was rerouting a drain line in an exposed hole in the cement slab under his kitchen sink. A water line broke next to the exposed work which flooded his kitchen and living room. The kitchen cabinets were destroyed and the restoration company threw away the dishwasher. The tile countertop and the sink remained propped up by 2X4’s for three months cracking the tile counter tops and cast iron sink. which were finally declared unsalvageable by the installers. Without a usage sink, the owner was forced to do any dishes in the bathtub.
Partially Repair
The HOA replaced the cabinets and tile countertop, but did NOT furnish a new sink and dishwasher, and did not complete the baseboards work. The homeowner had no insurance. After waiting patiently for more than a year with back and forth letters to the Property Management Company, Jim sent a certified registered letter to the HOA, Action Property Management and Scott English Plumbing asking them to install a new dish waster and pay for his cost of a sink that he was forced to purchase to complete the installation of the cabinets and countertops. In his letter, he stated if he could not get satisfaction, he would be forced to take the parties involved to small claims court and ask for a judgment. The total cost he was asking was $2600. 
Pleads Ignorance
At the June 27th Open HOA Meeting, the Board thought this was already completed. The homeowner said he had sent many emails to the property management company with their final response “..that the HOA was not in the remodeling business!” He wants the HOA to finish the job or pay its completion. He wants reimbursed for his out of pocket expenses for the sink. Shortly after this meeting, Jim receive a letter from the Board stating that they would pay for everything except for the reimbursement of the Kitchen Sink.
Three Month Safety Hazard
Why the Board refused to pay for the sink is not stated in their letter. Propping up the countertop and the cast iron sink with 2X4’s for three months created condition that cracked the tile and the sink. Most Kitchen re-modelers say it is not a good idea to reuse an old sink with total replacement of countertops and cabinets. It is also a safety hazard to have left the countertop propped up for as long as it was.  When the new cabinets were installed, the installer who demoed the countertop and broken sink. To complete the work, Jim was forced to purchased the cheaper stainless steal sink with fixtures ($645) (over cast iron $1000). With labor the total cost for the sink replacement and fixtures was $1300.
Partial Responsibility
Jim fells that the HAO wants to just walk over him because he has no insurance. He thinks that taking this before a judge in small claims along with Action Property Management and Scott English Plumbing would bring reasonableness to have the associated parties pay for all the repairs and replacements for the damage they created. ■
posted 21 August 2016
Dinning Around Harbour Vista
RACKHOUSE FOR THE BETTER
by Jim Gregg
The old “House of Brews” is now the new “Harbour Rackhouse” for the better. Located at the corner of the Huntington Harbour mall at Davenport street, this quant sports bar has the Leisure environment that you’re looking to relax and unwind, with pool tables and electronic games, and you might just rub elbows with one or two millionaires to boot, and we found the food to be was quite good as well, when I ordered a king sized cheeseburger that came with world class French fries, our other choice was a super thick steak that was juicy and good, which reminded us of filet mignon that came with mashed potatoes and fresh asparagus that was out of this world!
Many Appealing Choices
The menu had many appealing choices which I was eager to try, but your stomachs can only take the food that’s at hand for one sitting. To be sure, we will be visiting Rackhouse again in the near future. We visited this place for lunch, and we had a pleasant conversation without the loud boisterous crowd, But the night time could be a different story. They had many nice booths to sit in, with adequate spacing between booths so we wouldn’t be overheard, and with a wide open floor plan felt very comfortable. The Rackhouse has everything you would ever want to drink, and a full bar and appetizers if you want to stop by for happy hour. ■

Harbour Rackhouse
16903 Algonquin Street
Huntington Beach, CA, , 92649
Phone: (714) 377-3893
Web: http://www.hbrackhouse.com
posted 22 June 2016
Architectural/Parking/Board Committees Highlights
Awning Pilot
Broken Door Frame
Beige Windows Removed
Parking Again?
A combined architectural and parking committees meeting was held on July 6th in "emergency executive session" with the HOA Board. All Board members were present plus the committee members. Only items that did not fall under confidential information are disclosed in this article.

The Board told the committee that they were being split into two committees with adoption of the new charters.
Awning Pilot
A pilot was approved to allow a homeowner to install awning shades on their balcony. The recommended color will be beige since it would be the lease obtrusive to the architecture of the building. The homeowner accepted all costs associated for the installation and its removal, if necessary. The Board will vote to suspend the rules for this pilot.
Broken Door Frame
The Board informed the architectural committee that it was unnecessary to submit an architectural request form for replacement of a broken door frame. The HOA would pay for the purchase of a new door frame and pay for all labor cost associated with the installation of the frame and door. The cost of the door is the members responsibility. A shared expense agreement may need to be made with this homeowner whohas the broken door.
Architectural Guidelines Change
Even though the architecture committee had agreed on beige and white vinyl retrofit windows for the architectural guidelines, the Board removed beige. The guidelines will take affect when they are mail to the members and will not be retroactive. Michael Barto informed the Board that the Aime Rosendahl (the recent litigation defendant) had contributed about 80% to the writing of the "architectural guidelines" that he had submitted.
Architectural Committee Charter
Michael Barto expressed concern that the new architectural committee charter that Mary Williams wrote did not mention what the architectural committee was responsible for approving inside a un He had requested a revision to the old charter to avoid entrapment issues since the inside approval requirements are blurry in the poorly readable CC&R’s document with obtuse language. He was asked to submit his suggestions to the Board.
Architectural Guidelines
Michael Barto expressed concern that the new architectural committee charter that Mary Williams wrote did not mention what the architectural committee was responsible for approving inside a unit. He had requested a revision to the old charter to avoid entrapment issues since the inside approval requirements are blurry in the poorly readable CC&R’s document from 1980 with obtuse language. He was asked to submit his suggestions to the Board.
Parking Committee
The parking committee and the Board had complex discussion for new parking rules and enforcement procedures which were adopted (we think).■
posted 21 July 2016
Editorial
The Comedy Meeting
by Michael Barto
Members might be confused by a posting at the Bulletin Board for a meeting of the Architectural and Parking Committees for July 6th. The confusions started July 1 when an agenda was posted for an Open meeting. This next day this notice was removed. They were posted again, but these were again removed. Vandalism?... On June 5th a notices was place under the HOA glass cases for an emergency executive session with the committees with same agenda as before but baring any HOA members from attending.
Confused?...
Certainly this spokesperson Michael Barto was confused. No email or phone call was received from the Board. Also the agenda for an emergency executive session did not meet the requirements for such a meeting.
Asked to Call a Meeting
At HOA monthly meeting on June 27th, when the Board announced the adoption of the new committee charters, the President Mike Mengel asked Michael Barto and Ray Koagel to get the architecture and parking committees together for a meeting with the Board. I was in the process of setting up this meeting when an email was received from Board member Mary Williams as follows a meeting scheduled for Wednesday July 6, 2016 at 6:30 at the clubhouse for the parking committee and the architectural committee. This is a closed meeting between the HOA board and the committees only. Please inform your committee members the concern was that this email contain NO agenda.
What Is Going On?
I emailed Mary Williams and asked for an agenda and the justification for a closed meeting, but no answer was ever forthcoming. With no answer this created confusion as to what to set up and post at the bulletins boards. Confusion arose because any decision making committees such as the parking and architectural committee falls under the Davis-Sterling Open Meeting Act which states: "Committees with decision-making authority should give notice to the membership and post agendas and allow members to attend".
No Contact from the Board
Since notices should be posted in a timely manner and there was no correspondence from the Board, Michael Barto proceeded to write and post an agenda for an open meeting for July 6th which were again torn down.
The Open Meeting Act
The Davis-Sterling Act is very restrictive about executive session subjects. The only topic that can be discussed in executive session are legal issues to consider in litigation , formation of contracts with third parties, disciplinary hearings, personal issues, payment plans and foreclosures. To myself the bar was not reached with this agenda. An emergency meeting is required when circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice to the membership in a timely manner. The meeting was originally announced on July 1st. and I became concerned that in an emergency, where immediate board action is required, a director does not have a legitimate reason to waive the 48-hour notice, that director may be in breach of his/or her fiduciary duties.
The Board Refused
As the architectural spokesperson, I was very angry when I was informed at this emergency executive session meeting, that only the Board could call meetings. Since the Board did not want to cooperate with this spokesperson by having the courtesy to let me know what was going on, I felt that my effectiveness on this committee was useless and asked the Board to dismiss me. The Board refused. I stated that the agenda for this meeting did not meet bar for an emergency executive session. The Board said that they did not see that way. And when I asked why they did not want members to attend. They stated that the reason was because they did not want member to observe or asked questions which they felt would slow down the work of the meeting!
---Michael Barto
Footnote: In condominium developments, the architectural committee is primarily focused on internal (i) alterations and improvements that impact the common areas (ii) window treatments that are visible from the outside, and (iii) balcony and patio issues.  Successful Architectural Committees meet and discuss in Open Meetings with Members and then provide suggestions to the Board for final approval. 
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 ■
posted 22 August 2016
Pilot Result
AIR CONDITIONER PILOT
From: Mary Wiiliams:
It has been one month since the installation of the mini split system. This is an A/C and heat system. It can come with A/C only but I wanted to be rid of that Hydronic heater that is noisy and prone to leaks. I have not used it every day but I do use the bedroom unit every night. My electric bill has only risen about $14 since the install. I do expect it to be higher if we get some long lasting hot weather but estimating if I used it 24 / 7 my bill would be under $100. Numerous companies make these systems and many companies install them. I used Climate Air Masters (714) 533-0402. They gave me the best price and our neighbor Brett Dull works for them. Residents of Harbour Vista can use any company they choose. But you still must get an architectural approval from the committee.■
update 19 August 2016
August Maintenance Happenings
IT'S BACK???
With the appearance of another leak at the Lago Gate on Wednesday when water once again trickling down the street, residents of 4861 Lago and Cabana Buildings became concerned.
Back in November
Last November (See November Maintenance), residents of these buildings experienced water shut offs about every three days for a similar re occurring leak (sometimes unannounced) which would get fixed and then break again at the same Lago Gate entry. Residents complained about the work of the plumber Scott English Plumbling which culminated in a meeting with the vendor at the February HOA Meeting.
Repeat of the Same Thing?
Is this going to be repeat of the same thing? Not exactly. This time it is a leak caused by the irrigation system. Our landscapers Artistic Maintenance is now the responsible vendor. Water has been turned off only to the landscaping parts of the buildings. Of course, Artistic is the same landscapers with ongoing complaints at the Board meetings for the last couple of months. As the plants die, members will observe if this vendor will be more competent in completing the repairs than Scott English Plumbling. Our money is on slightly in favor of the landscapers.■
posted 11 July 2016
July HOA Meeting Highlights
LARGER DEFICIT
Two Pilots Approved
Request for Clarifications
For the regular HOA meeting, the old 2015-2016 Board Members were present: Mike Mengel, Ted LaMantia, Mary Williams, Cynthia Lee and Michael Huma till the end of the Open Session when the new Board was seated. See New Board Seated. Action Property Manager Peggy Shaw was present along with ten homeowners.
Open Forum
  • A concern was raised by a member about his parking spot being too close to the trash enclosure gate which was denting his car.
  • Two members complained about Scott English plumber for turning off the water at the main line and not knowing how to turn on/off the boilers.
  • The Rosendahls who were sued by the HOA, for "not asking for permission" asked when the HOA Board will provide official clarification to the HOA’s requirements for: special homeowners insurance for their remodeling project, requirements for approved floor sound proofing materials and installation.
More Rosendahl's More Discussion
The Rosendahls described attending a "debtor exam" at Orange County court. They spent 2 hours waiting for the HOA legal counsel. The Judge finally dismissed the proceedings and asked the HOA legal counsel to refile again.

The Rosendahls express concern that the Board was misappropriating funds with the heavy handiness of legal counsel, hiring a court recorder, and a party to personally serve them instead of the 6 identical letters that they normally receive.

The property manager Peggy Shaw took offense to the comment misappropriating funds. She warned the Rosendahls that they might be sued for slander.

The Rosendahls stated that the HOA had ruined their family's lives. A member of the Board stated that this was justified because the HOA had spent a large amount of money as the Plaintiff.
Financial Report
The HOA operating funds deficit has increased by 19% from previous month. The expense increase is attributed to General Administrative Cost (includes General Legal) and common area repairs. June Financial Statement is on-line at the Community Portal which is available to all members.
Committee Reports
The architectural spokesperson Michael Barto asked the president to provide his report.

The air conditioner pilot was approved for Board member Mary Williams

An awning pilot was approved for Board member Michael Huma

Architectural and Parking Guidelines have not been approved and are still being discussed. The parking committee is proposing to implement a two placard system for parking in visitor parking spots.
Unfinished Business
  • Grunion Boiler replacement was again tabled.
  • Clubhouse Chairs Upholstery was again tabled.
New Business
  • Artistic landscaping proposal was tabled.
  • 16551 Grunion concrete replacement was approved.
  • Ordering of new Speed Limit Signs were approved.
  • A boiler check valve replacement was approved.
  • Two wood repair items were approved and one deferred
  • Janitorial proposal was approved which will include the hallways.
  • Renewal of HOA Insurance was approved.
The next meeting of the HOA will be Monday August 22nd at 6:30m in the Cabana Clubhouse.■
Editor Notes:
  1. The Rosendahls were sued by the HOA for breach of contract for "not asking for permission". This resulted in an expensive trial and a judgement awarded in favor of the HOA. The HOA legal action has prevented the Rosendahls from living in their unit for over a year. The original complaint started because neighbors complained about noise during their construction.
  2. The HOA has been running an operating funds deficit since December 2015 which has steadily been increasing. Most of it is contributed to the legal expense council and a trial.
  3. Members of the Architectural Committee do not remember an architectural application or a vote for Mary Williams’s air conditioning pilot at the meeting July 6th. But it was announced at the June General HOA meeting, that Mary Williams would assume the air conditioning pilot when the rules were suspended by the Board. See Architectural Committee Highlights and June HOA Meeting Highlights.
Current News (click links)
FYI: Nextdoor (08/23/16)
Real Estate Update (08/22/16)
Air Conditioner Pilot (08/22/16)
The RackHouse (08/21/16)
It's Back? (Lago Gate Leak) (08/19/16)
Everything but the Kitchen Sink (08/18/16)
Rental Corner (08/15/16)
HOA Agenda Notification (08/15/16)
July HOA Meeting Highlites (08/11/16)
Contruction Attorney's Warning (08/11/16)
New Board Seated (07/31/16)
Committees Meeting (07/21/16)
The Comedy Meeting (07/22/16)
posted 23 August 2016
FYI
A 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.
Free
There is no charge to be a member. To start go to (https://nextdoor.com/), you will find and meet your neighbors there.■
posted 31 July 2016 (updated 11 August 2016)
July 25th Elections
NEW BOARD SEATED
Our new 2016-2017 HO A Board was certified at the Annual Meeting (reconvened) on July 25, 2016.
Five Position Elected
An "organization meeting" was held at the end of the regular HOA meeting on July 25th. The following HOA members were elected and seated as flows:
Name Position
Votes
Mihai (Michael) Huma Member at Large
54
Ted La Mantia Vice President
51
Michael Mengel President
45
Terri Piper-Johnson Secretary
44
Mary Williams Treasurer
30
Fourty-eight total votes were cast. Fourty-five votes were cast to allocate any excess funbs at the end of the year to the subsequent year's members assessments. Three members abstained on this proposal. None were apposed.
Comments and Suggestions
Contribution,comments, 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
Michael Mengel
President
mjm@harbourvistahoa.com
Ted LaMantia
Vice President
ted@harbourvistahoa.com
Terri Piper-Johnson
Secretary
terri@piperjohnsoncatering.com
Mary Williams
Treasurer
mary@harbourvistahoa.com
Mike Huma
Member at Large
 
(click name link to read profile statement)
Harbour Vista ARCHIVES
 
Homeowner's Portal: www.vivoportal.com
HOA Official Web Site: harbourvistahoa.com
HOA Email: hvboard@harbourvistahoa.com
posted 11 August 2016
FYI
SOUND PROOFING
Construction Attorney's Warning

Paul Windust is a construction attorney for our HOA legal counsel at Berding & Weil LLP. He has recently published an eye article called "HOA Duty to Address the Upstairs Unit’s Noisy Floors". You might remember that the year HOA litigation against the Rosendahls (the member who did "not asking for permission" ) was started with noise complaints from surrounding neighbors during their construction phase. His article discusses hard surface floor noise created by replacing existing carpets with wood or tile floors. He also describes how important it is for the HOA to act quickly and assertive to defuse disputes. He warns that inaction can lead to litigation from homeowners who sue an HOA for failing to enforce the rules.
Must Have Permission
Further, he warns that homeowners need to make sure that they have "permission for any remodeling" and that an effective architectural committee should have sound practices for approval. HOA CC&R’s should be comprehensive and required compliance with IIC sound proof ratings.
What Comes to Mind?
So what does this mean for HOA members? You should make sure you have permission from the HOA before you start your remodeling. If you do not, it is called “breach of contract”, and you can be sued by the HOA, even if an upstairs neighbor was told that by the architectural committee that he did not need permission for his remodeling project, and understand that a downstairs neighbor may still complain.

An unapproved project by the HOA Board can lead to a spiral of litigation's based on non-enforcement by the HOA.
Our Prosecutor
Paul Windust was the prosecuting attorneys for the successful litigation against a member for breach of contract for "not asking for permission". Even though there were no damages, the HOA was awarded a judgement for all legal cost to the tune of $100K. ■
Upcoming HOA Meeting Schedules
(subject to change without notice)
Date Location Time Agenda
26 September
2016
Cabana Clubhouse 6:30PM
BOARD OF DIRECTORS OPEN SESSION
MEETING NOTICE & AGENDA
September 26, 2016
  1. CALL TO ORDER
  2. EXECUTIVE SESSION DISCLOSURE
  3. OPEN FORUM
  4. FINANCAL UPDATE
  5. CONSENT CALENDAR
  6. COMMITTEE REPORTS
  7. UNFINISHED BUSINESS
  8. NEW BUSINESS
  9. SCHEDULE NEXT MEETING
    6:30PM
BOARD OF DIRECTORS EXECUTIVE SESSION
MEETING NOTICE & AGENDA
(CLOSED TO MEMBERS)
September 26, 2016 (after open Session
)
23 November
2016
Cabana Clubhouse 6:30PM
BOARD OF DIRECTORS ANNUAL MEETING (Elections)
MEETING NOTICE & AGENDA
November 23, 2016
BOARD OF DIRECTORS EXECUTIVE SESSION
MEETING NOTICE & AGENDA
(CLOSED TO MEMBERS)
November 23, 2016 (after open Session)
Real Estate Summary
(as of August 22, 2016)
Active Real Estate Listing
Address Type Asking
Backup/Contingency
Address Type Information
Pending
Address Type Information
16542 Blackbeard Lane #100 3BD/2BA $265,000 (listed 7/11/16)
16512 Blackbeard Lane #205 1BD/1BA $206,600 (Auction)
Closed Sales 2016
Address Type Closed
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.
ACTIVE:
For sale, available to show, with no accepted offer.
BACKUP:
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.
PENDING:
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.
WITHDRAWN:
The property has been removed from marketing, but a listing contract is unexpired, and still binding on the seller.
HOLD:
The listing is available for sale, but the property cannot currently be shown, usually for temporary convenience factors.
Harbour Vista News
16458 Bolsa Avenue #15
Huntington Beach, California 92649
Phone: 714-883-1949
http://harbourvistanews.com
  Publisher/Editor

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