September 29, 2016
HARBOUR VISTA NEWS
News and Other Things for Harbour Vista Community Huntington Beach
1
 
posted 23 August 2016
FYI
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 15 August 2016
August HOA Meeting Highlights
PLUMBER NEGLIGENCE?
Funds Still in the Red
New Pool Furniture
The August regular HOA meeting was held August 22 in the Cabana Club House. The members of the Board, Mike Mengel, Ted LaMantia, Terry-Piper Johnson, Michael Huma and Mary Williams were all present.  Action Property Manager Peggy Shaw and her Assistant Rhonda Hart were also present along with nine homeowners.
Open Forum
  • Homeowner Jim Gregg asked why the HOA refused to pay the total amount for his kitchen repair. See June 2016 HOA Meeting and Kitchen Sink. They had excluded the sink, garbage disposal and facets. He said that he has no choice but to file in Small Claims for the remaining amount. He asked why the Board does not use their insurance company to resolve the issues? The Board stated that it was because they are afraid the premium will go up or the policy will be cancelled. He asked why the Board did not go after the plumber Scott English Plumbing for negligence (Civ. Code §1714). The Board stated that Scott English told them that they were not responsible because the pipes were old.

    Jim provide the Board with photos that showed that the plumber had weakened the pipes while working in the area where the leak occurred. Both the members present and the Board complained about the workmanship of Scott English Plumbing. A slab leak in another unit had a complaint letters issued by the City of Huntington Beach to the contractor, Action Property Management and the HOA for the shoddy workmanship that did not meet code. Scott English had never obtained City permits. The Board stated that they were no longer using this plumber. 

    Member Aime Rosendahl who is in construction, asked why the HOA did not file a complaint with the State Licensing Board for the damages to Jim ’s kitchen. The State Licensing Board would properly investigate the claim and go against the contractors license and bond to pay back for all the damages to the HOA and to Jim Gregg. The Board directed Peggy Shaw to file a complaint with the State Licensing Agency against Scott English.

    Jim asked why there is no protocol for the commonly occurring slab leaks at Harbour Vista. The Board stated that they process these issues on a case-by-case basis.
  • Another member told about his current slab leak where mold has been discovered. Because of HOA inaction or about a year, he has been living in half a unit. He was fed up. The Board stated that they are discussing this in following Executive Session.
  • Homeowner Michael Barto expressed complaints about the HOA finances deficit. He pointed out that the HOA had spent more than $100K which has run the HOA in the red for a legal judgement with no damages against the homeowner Rosendahl’s because “they did not ask for permission”. He pointed out on a recent walk through of the complex with another member, many other remodeling projects were observed that had no permission. He wanted to know why the Board felt that it was so important to go after this one homeowner, go for a trial and not work with them. Previously, the Board had stated that the reason was "this homeowner would not back down". He asked the Board to provide a specific example. The Board refused to provide an example because of Executive Session Privilege.

    Michael Barto stated that more HOA funds are still being spent to abuse this one homeowner. Money the HOA does not have which most likely will raise every member’s assessments.

    Board Member and Secretary Terri Piper-Johnson publicly stated that she will not support any more money being spend on any more legal action against this homeowner. The judgement has been awarded and a lien has been placed.
Financial Report
The HOA Operating Funds are still in the red with a slight increase this month.
Committee Reports
The Architectural Spokesperson Michael Barto state that two Architectural request had been approved in absentia” with the expiration of deadline. There was confusion from the Board directions (see The Comedy Meeting) and email from Action was routed wrongly to the Spokesperson. Review of the Applications have no issues.
Unfinished Business
  • Grunion Boiler replacement was approved.
  • The Board awarded a new Landscaper award to Bemus Landscapers, Inc.
New Business
  • The Pool Furniture Proposal was approved
  • An Alarm Monitoring/Replacement Fire Panels proposal was approved.
The next meeting of the HOA will be September 26th at 6:30m in the Cabana Clubhouse.■
posted 25 August 2016
Dinning Around Harbour Vista
A GREATE DELI
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
posted 11 September 2016
HowTo
ADDING GARAGE STRUT
A neighbor submitted this anonymously story about his inexpensive solution to repair of his garage door because it no longer closed properly.
Problem
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 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. ■
posted 25 September 2016
Editorial
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.
Current News (click links)
Cleanup After Yourself (09/29/16)
A Great Deli (09/25/16)
Bleeding HOA Funds (09/25/16)
Real Estate Update (09/22/16)
August HOA Meeting Highlites (09/15/16)
HowTo: Adding Garage Struts (09/11/16)
FYI: Nextdoor (08/23/16)
Air Conditioner Pilot (08/22/16)
Everything but the Kitchen Sink (08/18/16)
Contruction Attorney's Warning (08/11/16)
posted 29 September 2016
CLEANUP AFTER YOURSELF!
The State of the pool BBQ's at Harbour Vista is becomming a concern. Cockroches are a common occurence. 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!! Griiling leaves BBQ sauce which attracts insects.
Simple to 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 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
Mihai (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
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.■
Upcoming HOA Meeting Schedules
(subject to change without notice)
Date Location Time Agenda
24 October
2016
Cabana Clubhouse 6:30PM
BOARD OF DIRECTORS OPEN SESSION
MEETING NOTICE & AGENDA
October 24, 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)
October 24, 2016 (after open Session
)
28 November
2016
Cabana Clubhouse 6:30PM
BOARD OF DIRECTORS ANNUAL MEETING (Elections)
MEETING NOTICE & AGENDA
November 28, 2016
BOARD OF DIRECTORS EXECUTIVE SESSION
MEETING NOTICE & AGENDA
(CLOSED TO MEMBERS)
November 28, 2016 (after open Session)
Real Estate Summary
(as of September 22, 2016)
Active Real Estate Listing
Address Type Asking
16512 Blackbeard Lane #205 1BD/1BA $206,600
16542 Blackbeard Lane #100 3BD/2BA $280,000
Backup/Contingency
Address Type Information
Pending
Address Type Information
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.
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