updated 31 December 2023
Editorials
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posted 1 May 2023
Editorial
Harbour Vista has fifty-seven unmarked parking spaces which are designated as “unassigned”. These spaces have posted signs with a 72 hour continuous parking limit. The unassigned spaces come with three special rules in the Rules and Regulations. These rules appear to be in conflict and may be too arbitrary to enforce. This editorial points out the conflicts and asks that the HOA update these rules to make more sense.
Visitor Parking No Longer Exist
 Up and until 2018, the 57 unmarked spaces had Visitor painted on them. During that year, Visitor parking was converted to unmarked parking when the roadways and parking spaces were re-paved. Reserved parking spaces had their numbers painted back, but Visitor space signage was not reinstated.Without this signage these parking spaces became “unassigned”. The current “Rules and Regulation”  dated April 7, 2022, continues to refer to Visitor parking.Unmarked parking is enforced as Visitor parking as designated in the “Rules and Regulations”. When the “Rules and Regulations” are revised, this should probably be fixed. For the purpose of this editorial. we will refer to Visitor parking spaces as unassigned.
Parking Rules Conflict
In the “Rules and Regulations” section GARAGES, it states “Residents must park in assigned garages and assigned parking spaces. No exceptions.” Whereas in section VISITOR PARKING, it states “Visitor parking spaces are limited to seventy-two (72) hours. These spaces are intended for the occasional use of residents and guests only.” It seems that in one case, as a resident, you cannot park in an unassigned space, and according to another, it is OK. And what does “occasional use” mean?
Is Occasional Enforceable?
Defining a restriction to be “occasional use” is asking for trouble when used for enforcement. Who decides what “occasional use” is? Is there a count per month that is considered “occasional”? Where is it published and who is keeping the tally?
Is Circumvent Enforceable?
 The posted signage state that one may park their car for 72 hours. Many residents who park in unassigned spaces, go to work and return to park in the same space. Doing this does not violate the 72 hours posted time limit. There is an additional limitation that states: “Moving a car after the 72 hour limit to another parking space to circumvent visitor parking rules is not allowed.”
How Do We Enforce?
Enforcing the “occasional use” and “circumvent” rules makes it difficult for the Parking Committee to ticket vehicles that move from one unassigned space to another. How many times can a vehicle be moved from one unassigned space to another before the “circumvent” rule kicks in? Can one park on the street one day to reset this arbitrary “occasional use” or “circumvent” limit? How long before a resident can be allowed again to use an unassigned space? Is there a tally for “occasional use” parking – maybe 5 or 10 or more per month? Who does the counting and who maintains the tally? Is there a time limit for reinstatement to use an unassigned space again?
Very Confusing
Without a clear definition as to what is met by “occasional use” or what kicks in “circumvent”, these are arbitrarily rules that are vaguely enforceable and very confusing to the resident.
Get Rid of Them
The HOA could eliminate “occasional-use” and “circumvent” which would reduce bureaucracy. Though it may be inconvenient at certain times of the day or dates, residents have for many years been using first-come, first-served for these unassigned spaces. It is certainly easier to understand than “occasional-use” and “circumvent”. And as to who should use them, residents or visitors, first-come, first-served should make no distinction.■
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posted 19 July 2020
Hello everyone, as you all know I, Candice Schultz, have served on the hoa board at Harbour Vista. During these three years I’ve made numerous friends. My husband and I have purchased a home here in Las Vegas, Nevada. I will no longer be serving on the board. I have been working with a valuable person Mariette van den Bersselaar, to replace my position on the board as treasurer. I have met with Mariette on numerous occasions via phone or in person to bring her up to speed with Harbour Vista finances. To continue the progress and improvements that have been made here at Harbour Vista I strongly recommend Mariette for your consideration for voting. Do to her strong financial background, she would be the best candidate for the duty of treasurer. Not only does she know what to look out for (costs relating to hoa responsibility) she is also fair. The long time loan to the reserves will finally after 3 years be paid in full in August. This will leave the hoa reserve funds by end of year to be almost 1/2 million dollars. The highest it’s ever been. In order to continue with the current hoa fees, someone must keep a close eye on the finances as well as bids from vendors, so hoa isn’t ripped off. And Mariette is that person. So please consider my endorsement for Mariette.■
-- Candice Schultz
Full disclosure: The editor of Harbour Vista News Michael Barto is also the spouse of Mariette. |
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posted 27 August 2020
(updated 25 Sep 2020)
Editorial
Every year, the HOA membership elects a new Board. This years election will be held on Tuesday September 15, 2020. It will be admistrated by a private contractor “Majority Rules”. This election there are six candidates running for five position. Normally we have had only four or five candidates running for the five positions. Also for this election, the election rules were changed to allow offsite owners to run for the Board. As a result, we have three offsite owner and three on site incumbents running for the Board.
The Old Incumbents
President Mary Williams is again running for the Board. It must be more than 15 years that she has served on and off on the Board. Also running again is Member at Large Brenda Richardson who manages the Parking Committee. Both these residents have a long history of volunteering their time to HOA and should be commended to always be there when the HOA needs them.
New Incumbent Michael Deitrick
Michael Deitrick is the other incumbent running for the Board. He was appointed to the board a couple of months ago and serves as the HOA Secretary. Shortly after Michael purchased his two bedroom condo at the beginning of the year, he started attending Board meetings. He become a member of the Safety Committee. Michael brings fresh ideas the Board and provides new perspectives. Michael is the youngest member on the Board with his family consisting of himself, his wife and his eight year old son.
Offsite Owners
Prior to 2015, offsite owners were allowed to serve on the Board. Until 2015, only two offsite owners ever served on the Board, myself and Tim Jordanides. In 2015 the HOA Board added a new election rule to prevent offsite owners from serving on the Board. Future Boards maintained this election rule, even through there were petitions to have it removed. At the beginning of the year, changes in California law made this rule illegal. Hence, there are three offsite owners running for the Board.
Mariette van den Bersselaar
The longest name on the ballot and "in the name of full disclosure" belongs to my wife Mariette van den Bersselaar. Mariette was the IS Director for a division of a Fortune 500 company until she retired. She has been endorse by the current HOA Treasurer Candice Shultz. Mariette hold a BS in Information Systems and an MBA from the University of Redlands. She is well-versed in accounting, budgets and financial systems. Mariette and myself own one condo at Harbour Vista which is used by our family.
Mike Borzi
Mike Borzi has participated in the HOA Architectural Committee for about four years ever since he purchased his condo. Because he is a semi retired building inspector, he has provided architectural and construction expertise to the Committee. Some of you may have met Mike at the HOA meetings he and his wife had attended or at the Harbour Vista pools which he frequently uses after work. Mike owns a single unit at Harbour Vista which he rents.
John Briscoe
John Briscoe is a Republican who made a bid for Congress two years ago in the solidly blue 47th Congressional district (Signal Hill, Cypress, Stanton, parts of Garden Grove and Westminister). Since 2006 he has served on the Ocean View School District Board of Trustees. John Briscoe has attended three or four Board meetings in the last three years and has not participated in any HOA Committees. He owns three units at Harbour Vista which he rents under his company Crestwave.
Who Should You Vote For?
Since my wife is running for the Board, obviously I am voting for her. Suggest that the voters candidates for their expertise and their demonstration in participating in the community. Look for candidates who really care about the HOA and who look at both sides of the issues without prejudice. ■
■and please vote■
Editor Notes:
- The Election Meeting will be held on September 15 at the Cabana Clubhouse at 6:30pm. Doors will open at 6:15pm to cast balots. If you have not mailed in you ballot, you may cast it then. You may even request a ballot and cast your vote on the same day. But you must do that in person.
- At the last membership count in June, it showed that 54% of Harbour Vista members were classified as offsite owner. This include members who use their condo for family as an extended home. There is a group of multiple unit owners. The last group is called "accidental landlord" who are people who rent their unit while they are on extended leave.
- Quorum was not meet on September 15. The Elections were moved to September 24. Those elected were
President is Mary Williams
Vice President Michael Deitrick
Secretary Mike Borzi
Treasurer Mariette van den Bersselaar
Member at Large John Briscoe (who was not present)
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posted 19 July 2020
Editorial
Dated July 1st and delivered around the July 10th, the HOA, via Powerstone, mailed out to every homeowner, a four page ill-conceived Pet Policy consisting of 40 new rules to be approved at the HOA General Open Meeting on July 30th. The new rules limit a pet's weight to 35 lbs and do not allow leaving a pet unattended on patios or balconies or without a leash. Breaking these policies incurs a fine of $50/day.
One Person Committee
The HOA has a “Rules and Regulations Committee” which has one member which is the current Board President Mary Williams. This committee never holds public meetings or asks for others to participant.
Background
A couple of months ago, a dog escaped their owner and attacked another dog which had to be taken to the vet with major injuries. At the Safety Committee meeting which met on May 21st, several residents attended to complain about this same dog. Residents also sent complaints via email to Powerstone.
Do We Need New Pet Rules?
According to our Rules and Regulation Pet Policy, the Board could hold a hearing and ask the homeowner to remove the pet if the situation was not corrected. But no procedures were followed and no letter was ever sent the homeowner. The Board did contact the HOA Attorney who charges us to create 40 new Pet Rules (e.g. the Pet Policy).
Board Meeting UnResponsive
The Safety Committee pointed out at the Board meeting in May that this nuisance could be removed by animal control which would respond immediately to a serious complaint. The Property Manager stated that she had not received any complaints. But the participants at the Safety Committee stated that they sent emails.
 Other Issues? where that is.You can have one bird, only and it must be caged. It is against the rule for your pet to pee on the outside walkways. The new Pet Policy limits the size of an aquariums to 50 gallon.
Weight Limit?
The 35 pound weight limit for pets is the really big issue which has struck a nerve. Several members  alreadyown breeds that are over this limit, though they would be grandfathered in. But what if your pet dies and you prefer to get another dog of the same breed. It will be against the Pet Policy to do this. If you have a puppy that grows past 35 pounds, what then?
Too Many Rules!
What is interesting about these new rules is they do nothing to solve the "vicious dog" issue. Our current Rules and Regulations consist of 107 rules  including seven pet rules. The new Pet Policy would increase the Rules and Regulation to 140 rules (a 24% increase). Add to this the CC&R’s, ByLaws and the Architectural Guidelines, it is becoming very complicated to live at Harbour Vista.
What Can I Do?
The Board will hold it regular open meeting on July 30th. The Board’s business is conducted prior to Homeowner forum. During this business meeting, the Board can  approve these new Rules. Of course, at the Homeowner’s forum, members can voice their concerns, but by that time it is too late if the new rules have been approved in the General Meeting.
Safety Committee First
On the other hand, the HOA Safety Committee report is presented before the General meeting. The Safety Committee will hold a Zoom meeting on Thursday, July 23th on this subject. This Committee will make sure that the Board receives a copy of concerns about this new policy.
Let Us Know Your Opinion
You can send your comments to safetycommitee@harbourvistanews.com and please attend the meeting. We expect that at least one Board member will ask the Rules and Regulation Committee Chairman to provide a valid understanding for these rules prior to any approval. ■
Editor Note: The dog that was injured never recovered. Recently the dog's rear legs became paralyzed and was put to sleep. |
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posted 7 June 2020
Editorial Elections 2020
 Elections for the HOA board will start in July with the election at the Anual Meeting on August 27th. Our membershiot has received the “Request for Declaration of Candidacy” which must be retuned by June 19, 2020 a member to be on the ballot. This time the Election Rules has been changed that will allow offsite owner to serve on the board. Fourty percent of the membership at Harbour Vista are offsite owner. Should you throw in your hat?
What are the Positions?
All HOA board position are open-that is President, Vice President, Secretary, Treasure and Member at Large are open for this election-Candidates do not run for specific office. The election is won by the top five vote getters. Once these newlly elected HOA directors are seated, an “Organization Meeting" is held where these five elected directors decided who will serve in what position.
In the last couple of elections, the number of candidates have been sparse. One election had only four candidates for five positions. An appointment was required to fill the remain ing position. As long as of membership does not participate, the same status quo group will continue to run the HOA. On the other hand, this group does stand up to be counted. So if you are a complainer, you only have yourself to blame by not taking action.
Reasons to Run
There are five common reasons why a person should run for the Board: (a) they want to protect thier property, (b) correct problems, (c) give back to the community and (d) meet their neightbors. All those running feel they can apply leadership to help our community.
Platform and Issues?
 There may be an issue that a candidate may want. to specifical promote such as a platform to do something about the Land Lease, change the parking rules, provide better monitoring and security, improve vendor performance, reduce costs, and make sure that our HOA money is spend wisely.
Should You Run?
Some people complain about the HOA, but only a few take the initiative to change it. Why should’t that be you? If you want problems addressed, it is time to stand up to do something. This is a democracy and it needs participants to make it work. Why not you?
Running
After you have submitted your Candidate Statement and you meet the qualifications-member in good standing (your name must be on the deed of your condo), your name will be placed on the ballot and mailed to the members to vote. During the election period, you can place signs and posters around Harbour Vista, post notice on doors and send out mailers.
Offsite Owners
Because the HOA local election rules thave been changes by the State of California, offsite owners can now again serve on the Board. At least three offsite owners intend to run. But, I would vote for those who provide talent and background that will help the HOA (e.g. financial, organization skill, construction background, etc.). I would also vote for a person who has shown interest in the HOA such as serving on a committee and have actually attended Board meetings.
And Now What?
So you win-! What did you get your self into? The following link will describe the responsibilities of a Board Member. Read it! It will be quite an eye opener. See DirectorHandbook. ■
Editor Notes
- Any HOA member is entitled to copy of the current member mailing list.
- The Newsletter welcomes contributions from candidates during this election period.
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posted 22 January 2020
It seems that the water for two of Harbour Vista’s boilers were not turn back for the Blackbeard-Cabana-Lago side till around 7PM. This affecting 120 units. Residence of these units had no water from 9AM. This was of course was the regular schedule monthly turn off that has been announced and posted. But it seems that the vendor Benrich Service Company forgot to turn the water back on. Board member Treasurer Candice Shultz was able to get it finally turn back on after going through much bureaucracy with Benrich.
Distance/Traffic
Benrich Service Company is located in Irvine. Traffic in the evening was an issue. More than an hour passed (if not more), till someone was dispatch to turn the water back on.
Get A New Property Manager
One populasr comment was that we should get a new vendor. But may I say, be careful what you wish for. Our Boiler system is complicated consisting a five boilers and is a new boiler system. Obtaining a qualified vendor in my experience has been hap-hazard and depends on the experience of the individual doing this even from a qualified company. And where they have to travel from (Norwalk, San Juan Capistrano?( traffic and distance)
Volunteer Resident Training
The Safety Committee has been requesting for more than four months to obtain training about these Boiler systems in how to turn them off or on in an emergency. This is the way it use to done in the past with the old boilers. I, myself was one of those trained individual for the old boiler system. But this new system is different. Need Volunteers
I make this plea to you, yes we can get a new vendor, but I think in turn that the water turn on and off is the responsibility to Harbour Vista community (This is your property and you should know how to take care it). The HOA needs volunteers trained to know how to do an emergency shutoff and turn on. But the HOA committees are lacking membership and at the last Board meeting only three people attended. I plea with you to be involved. Complaints are easy, but the HOA just does not have the people. And Candice is only one person. Everyone needs to help!
Be There!
The next HOA Board meeting is Tuesday January 30 at 6:30 in the Cabana Clubhouse.
The HOA needs all the help it can get—and it is your property, too! ■ |
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posted 23 March 2018
HOA Discussion
For those who might want to consider running for the Board or just general discussion about the HOA, Harbour Vista News hosts an HOA discussion mailing list. If you want to become part of this list, simply send your contact information and email to:
Recent Discussions
The list allows for ideas to be floated with feedback from HOA members. Recently discussion mailing have been assessments and Land Lease extension speculations. ■ |
posted 25 September 2016
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Starting in April, the HAO will ask for Candidates to run for the Board. The Elections will be in June. At the upcoming March 26 HOA meeting, question will raised if any officer will not seek re-election.
New Board Replaces the Old Board
With no announced vacancies for incumbents, this has lead in the past in a scurrying to find candidates. The Newsletter had to run a “write-in” effort in 2015 with only one candidate officially on the ballot three years ago. Of course whether there are any retiring officers really does not matter. Our ByLaws state that a new Board must be elected every year. New candidates and incumbents.
Ongoing Issues for Next Election
At the next HOA meeting, the Board will announce the results of the Land Lease Survey. If the Survey passes, the new Board in June will be responsible for the negotiation with Harbour Vista LLC.
Dues
Members have complained about the approximate 20% raise in the HOA dues. At the end of our fiscal year, the HOA enjoyed an approximately 18% surplus in operating funds before the raise took place.
Property Management Company
There are also issue with how Action Property Management is serving our HOA.
How Big is the Candidate Pool?
There are 180 members eligible to become a member of the Board. Most HOA's have only a small group of persons who really participate in the HOA. The following table represents attendance of the past Board Meetings.
| Meeting |
Attendance |
| February |
No Meeting |
| January 2018 |
14 |
| December 2017 |
8 |
| November 2017 |
13 |
| October 2017 |
11 |
| September 2017 |
19 |
| August 2017 |
31 |
One should not read too much into this but it does represent the active pool of members who might participate.
No Candidates
What happens when you do not have candidates, is that you get a recycle of the same people as before. If you do not have enough candidates, the few elected Board members picks their own non-elected friend.
Cliques?
As was demonstrated in the last election, without a good number of candidates, cliques can be created representing only a minority of members that do do silly things like pass Election Rules to eliminate 33% of membership from having any say in how this HOA is managed or voting off a legitimately elected member. ■ |
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posted 14 February 2018 (update 17 February 2018)
Editorial
 Harbour Vista members received a “Survey” asking to grant permission to the HOA to negotiate a fifteen year extension to the sublease. The current sublease will expires in 2041. Harbour Vista News is endorsing a "yes" to this “Survey”. We consider this “yes” to be one of the most important issues facing this community. Without an extension, our property values will remain stagnant and future property purchases will be relegated to investments for off-site owners (more renters).
High Threshold
The Board has said that the Land Lease Owner William T. Dickey will not open negotiations with the HOA unless 80% of the members (or 144 members) grant permission to negotiate. Asking for 144 members to return this “Survey” with “yes" is a high threshold. Previous Elections in the last ten years have never met a quorum (90 votes) requiring additional meetings to complete the election. In 2014, that Board asked the members to vote to changes to the elections procedures also requiring 90 member to say "yes". This initiative died with with less 50% return of the ballots whether they were yes or no. But on the positive side, the Land Lease initiative has the most interest to all the members.
Concerns
Many members express concernt that this “Survey” is vague about the consequences. Offsite property owners will most likely answer “Yes” to this “Survey”. They want the value of their property to be maintained-whether they use it for rentals or for their families. Younger owners want their property value to go up looking at their condo as a gateway for eventually buying a house. Old members consider the unspecified rate increase as a scary proposition after the recent near 20% raise in dues that started in January. The Newsletter and this editor want you to know, the adoption of any new Land sublease extension and expense must be voted on by the majority of the membership. You are not granting the Board the power to raise your sublease payments.
Previous History
In January 2012, William Dickey negotiated a land lease extension to 2056 from the Land Owner the Duc Family. To extend our sublease 15 years, Harbour Vista was to pay the negotiation expenses (e.g. approximately $900,000 [$5000 each member]). The extension would require a new Land Lease schedule. Many members think that this means he wanted to increase the current schedule. But our current schedule runs out in 2041. If we extend the schedule another 15 years, we have to create an extended schedule. This does not necessarily mean that any changes would be made to the existing schedule prior to the 2041.
What is the Outcome
Where one thinks there is an insidious purposes, if there is not 144 members who send in this “Survey with a “yes” within 30 days (deadline unclear), then real estate agents will have to tell prospective buyers that the Harbour Vista membership did not want to extend the land lease and that all building and the property will revert to the Lease Holder with no compensation in 2041. ■ |
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posted 25 August 2017
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The Davis-Stirling Act is the backbone of the legislation processes of the HOA. The Act and subsequent revisions were passed to stop Boards from abusing their powers and to provide members more of a say, in how an HOA is managed. The principle foundation of this Civic Code is Open Meeting Act which states that members have the right to observer and participate in how a Board is managed. This means that all HOA meeting consisting of a quorum of Board members or more must be open to the members to observe with the exception of the Executive Session.
Executive Session
According to the Davis Stirling Act, the definition of Executive Session is a closed meeting which can only be held under a very strict agenda and must not be used to usurp the Open Meeting Act. Its agenda can only be for legal, contracts, member discipline, and collections. Davis-Stirling further refines that "legal" is not a catch all as it is limited to only litigation matters.
It should be noted that holding an Executive Session for financial issues (such as planning a budget) does not fall under the limited Executive Session agenda even though this has been the operating policy of our HOA.
Illegal Agenda
Recently, the newly Elected Board posted an agenda for a closed Executive Session on August 14. This agenda included these items:
• New staffing for Committees
• Creating New Committees
• Budget 2018
• Balconies
• Open Position on the Board.
None of these items fall under the strict agenda rules of Executive Session. So holding a closed meeting to discuss these items breaks Civic Code. When this happens it is defined by the legal term “Secret Meeting” and is illegal. However, before you get hostile about our new Board, (except for one Board member) they are probably unaware that they are breaking the law.
The Property Management Company
When a Property Management Company is hired, one of the services they provide is consultation with the Board to enforce Civil Code. So if our Property Management Company was doing its job, they should have raised a red flag about these "secret meetings".
The Property Management Company
Unfortunately, it appears that our property management company is encouraging our new Board to break the law. At the recent annual meeting (Election) and after the announcement of the results, the Property Manager asked the members to leave the room and proceeded to hold a “secret” “Organizational Meeting”. David-Stirling says:
“Selecting officers is normally done at an “organizational meeting” immediately following the annual meeting… The selection of officers is done at an open meeting since it does not qualify as an executive session meeting. Accordingly, members have a right to attend the meeting and observe the proceedings.”
What Can Done?
Some of the ways to enforce this Act are:
- Lawsuit with fines and Attorney Fees:
The most effective way to enforce this Act is through the Courts. This usually entails $10,000 in up legal costs by the members. Get real, 90% of HOA members do not have this cash to sue themselves (the HOA) -and the Board and the Property Managers know that. But on the other hand, if the members win the litigation, they get their money back and the HOA is fine $500 for each violation. These awards come out of the HOA liability insurance and do not directly come from the members dues.
- Attorney Letter:
In 2012, the Board I served on received an attorney letter threatening litigation for holding "Secret Meetings". Our Board ended up funding a special training class out of the HOA funds through our legal council. However, no further legal action occurred and no legal fees were collected by this attorney. The cost of the letter was probably $500 and was financed by a group of members that included our current Board Treasurer Mary Williams.
- Confront the Board:
A simple way which is probably less effective, is confront the Board in the "Open Meeting" and point out these violations-particularly that the Property Management Company is not doing their job.
Why is this So Important
Holding “secret meetings”, shields the Board from accountably. It encourages kangaroo courts, prejudicial conclusions, and allows the Board to more likely make decisions based on emotions and personal reasons instead of doing what is best for the HOA. ■
HVN asked the new HOA President Helen Ruvelas for any comments about this Editorial prior to its publication. Please see response under Leters to the Editor. |
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posted 25 September 2016
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 StartedPlaintiff 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:
- Discussions in the Editorial are from interviews with the defendant, observations during the timeline and attending the trial.
- 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.
- Cost Estimates are from the monthly Financial Statements with conservative assumptions as to the delay for the actual invoice and payments.
- HOA fund have in the past been restricted to 5% maximum without members' approval.
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posted 21 July 2016
Editorial
 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. |
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posted 17 May 2016
When I received the “Request for Candidates” last month from Action Property Management, the  included “Election and Voting Rules” were different than the previous two years Election Rules (2014 and 2015). These Rules were missing the clause that prohibited me from running for the Board because my primary address is not at Harbour Vista.
Let’s Go For It!
I then started an active campaign and had a commitment of about 40 votes. I announced a three part platform consisting of:
- Proactively monitoring Action Property Management on a weekly bases, and holding them accountable for their actions.
- Restart communication with the Land Lease Holder.
- Stop anymore Litigation with a homeowner and resolve the dispute that has put the HOA in an operating funds deficit.
I submitted my Candidate Statement to Action on the Friday Deadline date (May 13th). On that same day, Peggy Shaw from Action Property  Management informed me that I was NOT qualified to hold office because my “primary address” was not Harbour Vista. I told her that was the old rules from previous two years. The rules that were sent out this year had no such clause. She responded that the rules prior to 2014 had been sent out by mistake.
Over the weekend I did some drywall repair on my ceiling in my office. ■ |
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posted 23 October 2013
Editorial
If one were to ask, what is the most common maintenance issue/concern at Harbour Vista, it
would be the condition of the Parking Lots. They are in dismal condition with potholes, cracks in the pavement, uneven and dirt oozing up through the asphalt. Last year, a volunteer effort re-stripped and numbered the parking spaces. This year they are going to paint the curbs. A few of the most serious potholes have been filled. This however, did not make all the improvements needed. It is only cosmetic and doesn’t address the overall problem.
Condition
Talking to residents the most common comment is “I hate the condition of the driveways and parking areas.” Rebar at the parking bumpers is sticking out and can damage car under carriages. More potholes are appearing and getting bigger.
It is the Money
So, why have the parking lots and driveways not been re-paved/repaired? It comes down to  “money” and the cost of repaving the driveways and parking lots. The last quote when I was on the Board was around $190,000 (2012). What options do we have? A “Special Assessment”, using funds from the Reserve Funds, a combination of “Special Assessment and Reserve Funds, possibly obtaining a short term loan, or do nothing? Doing nothing seems the least desirable as our parking lot turns into a dust bowl.
Has Been Used in the Past
HOA Boards in the past faced similar issues have turned to Special Assessments to do  maintenance/capital improvements that had reached a critical point. In 2005 a Special Assessment was passed at Harbour Vista for the replacement of the boilers in the complex, in the amount of $500 per homeowner/property owner. The $500 amount was collected over 2 monthly payments of $250 each.
Collected But Returned
More recently a Special Assessment was passed in the amount of $200,000 to try to obtain an extension of the Land Lease. When that attempt to gain the extension failed the $200,000 was returned to the homeowners/property owners. Knowing that a Special Assessment can cause a financial hardship for some homeowners who are on fixed incomes, while also realizing the need for a Special Assessment for critical capital improvements/repairs, payment plans can be used to help those homeowners who need additional time to pay.
Split the Costs
Another suggestion is to use money from the Reserve Account to pay for half of the cost and to have a Special Assessment for the other half. Since repaving/repairing the driveways and parking lots is a capital improvement it is legal to use Reserve Funds for this purpose. Keeping  in mind the HOA Reserve Funds are low and the HOA is attempting to build those funds up. Doing this would increase our reserve deficit which currently is $637K. However, the funds are there for this very purpose. Anytime you use them for the intended purpose, you increase the reserve deficit.
Short Term Loan
Another suggestion would be to obtain a short term loan with the monthly payments for the loan added to each homeowners/property owners monthly HOA dues for a specific amount to time until the loan is paid off. Whether the HOA would be able to obtain such a loan is not known.
 
I have heard the suggestion that we do the work in stages. Do one section at a time. Do smaller Special Assessments and spread the work out over a longer period of time. The piece meal method would of course raise the overall expense of the work.
For Discussion
Whatever happens, it is a complex issue to generate a Special Assessment and requires not only initiation from the HOA Board and the Management Company, but the cooperation of homeowners/property owners. As I have always said “We are all in this together”! The first thing to do is to bring this issue up to the Board at the next Board meeting and ask for the issue to be placed on their next agenda to develop a plan to address the driveways/parking lots. All HOA members need to provide their input. ■
---Michael Barto |
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posted 24 April 2016
Editorial
HOA election will be upon us starting in May. All five positions are open for election including President. Last year, the HOA was on the verge of a disaster by having only one official candidate on the written ballot. Four members reluctantly accepted a write-in campaign for the good of the community, but most of these people served on the HOA Board years ago. It would be nice to have some new faces and not have the HOA elections be a last minute panic.
These following are important reasons why you should serve on the Board.
Financial Issues
The HOA operating expense deficit was very high in the February statement. If this continues, dues will need to be raised. As a Board member, you can review these over runs and spending policies and vote to change them.
Maintenance Issues
Complaints about the management of the property runs from "nothing ever being done" to "shoddy workmanship". It was recently revealed that the HOA plumbers had not obtained the required City building permits. As a Board member, you can review these vendors. You can vote to change contractors, enforce better follow-thru controls and so forth.
Land Lease Issue
It appears that nothing has been done to extend our land sublease in over three years. The current sub lease is now below the 30 year mark—expiring in 2041. Because of this, any financing or refinancing is impacted. As a Board member you could lead a group to restart the sublease negotiations. See “Ground Lease Extended”.
Create and Enforce
As a Board Member, you create and enforce policies. Many HOA's have turned over common exclusive access areas to the homeowner such as their balconies and patios. Right now our HOA is financially responsible for maintaining these common exclusive access areas. If this was turned over to the homeowner, this could save the HOA money, but at the same time the HOA would have to create a set of enforcement policies for the homeowners to maintain them.
Pros and Cons
Pros: If you don’t like the way the Association has been doing things, you are now in a position to change how things are done. You get to meet your neighbors and get lots (and lots!) of insights on human nature. You’ll gain a better understanding of how your association is supposed to work - and make changes to run it better. Instead of complaining about assessments being "too high", you'll get more information on where the money goes and why - and you can have a part in controlling spending.
Cons: If our HOA is to be run efficiently for the betterment of ALL homeowners, it's more work than you think it is (and it's more than a monthly meeting). You will get some thanks but mainly you will likely get complaints (that's part of being on the Board). Things don't always move as fast as you'd like. You have to keep up with a substantial amount of information - not just what's going on in the neighborhood, but about various laws that impact your HOA. That means carving out time for continuing education and not only reading, but understanding a vast amount of complex reports and legal documents.
Come to the Board Meetings and Contact Action Property Management for more information.
Stop Complaining and Take Action!." We are all in this together." ■
References:
- HOA Election Rules and Procedures
- Ground Lease Extension
- Artical IV HOA ByLaws Board of Directors
- Artical V HOA Officers
- Election Rules (§5105)
- A Board Member Toolkit (
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posted 2 April 2015
Editorial
YOU CAN MAKE A DIFFERENCE!
Become a Candidate for the Board
Soon Homeowners who reside at Harbour Vista will be receiving the Declaration of Candidacy materials from Action Property Management. The Election for new Directors for our HOA Board will take place in June.
All Five Seats are Open
There are five seats on our Board of Directors. One seat has been vacant since a Director moved from Harbour Vista last fall. All five seats will be up for election in June. The term of office is one year.
Harbour Vista is Your HOME
This is an opportunity for you as a Homeowner to contribute to our HOA. Because this is your HOME you can get involved in our HOA by running for a seat on the Board of Directors. As a Board Member you would be more involved with your community, its direction and policies. You would oversee the spending of our HOA funds (your monthly dues).
Governing Resources
As a Board Member you will have access to information such as why the General Legal expenses for the HOA been so high the last few years. The Board has stated that the Land Sub-Lease extension is deadlocked. As a Board Member you could direct more resources to this issue. You may have ideas on how to improve the common areas of the complex. All of these are good reasons for becoming a Candidate for the Board of Directors. This is your chance to help govern our HOA and provide a much appreciated service to the residents of Harbour Vista.
Make A Difference
We encourage you to "Make A Difference" by running for a seat on the Board of Directors.
Harbour Vista News will publish a "Candidate's Corner" where all candidates can submit their Candidate's statements for publication.
“We Are All In This Together™”.
---Harbour Vista News |
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posted 15 August 2014
Editorial
Our Clubhouse has been deteriorating for many years. The biggest problem is the floor covering with its holes and cracks in the linoleum. Another  problem is the old and mismatched furniture. It would be a fairly simple and not too expensive to do the replacement of the flooring and furniture. It would greatly improve the aesthetics of the Clubhouse. The Clubhouse is part of every homeowner's property value and should be well maintained.
Floor Covering
The linoleum floor covering was installed about 15 years ago and is now worn and cracking exposing the undercover beneath.
Furniture
The Clubhouse furniture consists of one large board table, one folding table, about 12 upholstered chairs, a desk and file/credenza. The desk and file/credenza have served very little purpose for many years. Talking with some of the longtime residents the furniture has been there since at least 1992 and possibly longer. The file/credenza is basically empty with a broken lock. The desk basically has nothing but junk in it. Plastic bottles with questionable contents are stored under the desk and should be thrown out.
Windows
The window coverings/blind have broken slates and should be replaced.
HOA Meeting Place
The Clubhouse is used primarily as the meeting place for our HOA and can be rented by residents for private events. See new Clubhouse Reservation Form and R&R's. Perhaps more residents would want to use the Clubhouse for private parties if it is refurbished and in better condition. In its current condition it is an embarrassment and some residents have said they willnot use it in its present condition.
Time to Refurbish
Now that our HOA finances are in better shape the time has come to allocate the funds to refurbish our Clubhouse.
Put It On the List
If you agree ask the HOA Board to put it on their list of things to do this year. ■ |
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posted 30 April 2014
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You should be in receipt of a cover letter from Taylor Delauder and a Candidates Statement form along with a copy of the newly adopted Election Rules. If you are considering running for a seat on the Board, the Candidates Statement form must be returned to Taylor DeLauder no later than 5:00 P.M., Friday May 9, 2014. There is going to be at least one open seat on the Board since one current member has already stated he will not be a candidate. Tenure on the Board is still one term of one year. Therefore, all five seats will be up for election. Each elected Board member has equal voting powers and equal responsibilities. After the election the new Board Members choose who will be the President, Vice President, Secretary and Treasurer. Now is the time for HOA Members to consider running for a seat on the Board and become more involved with your HOA and the residents of Harbour Vista.
Skills and Experiences
Maybe you have some concerns about how the common areas in the complex are maintained, or concerns about how your HOA dues are spent, or want to see movement on the Land Lease. Or maybe you have some ideas that would make Harbour Vista a better place to live. Maybe you have skills and experience that would benefit the HOA. These are all good reasons to consider running for a seat on the Board and contribute to your community.
Responsibilities and Rewards
Current and former Board Members will tell you that it will take a commitment of time beyond the once a month Board meetings. But this time is well worth the reward of knowing you are contributing to the HOA and the community as a whole. You will be an important part of the decision making that impacts the quality of life for the residents, and the property values of the homeowners/property owners. Residents will appreciate your service and commitment to the HOA and the community. And many will thank you! Unfortunately, I cannot run again (see New Election Rules) since the Board has disqualified me as a property owner who does not live in Harbour Vista along with the current Board Treasurer. But, I enjoy doing the newsletter and look forward to continuing in this capacity.
Incumbency has its Advantage
You may think that incumbents have the advantage. However, in the last election the two non-incumbent candidates garnished a larger number of votes than the incumbents. Many HOA members have concerns about some of the present Board’s action so it might be easier for a non-incumbent candidate to be elected.
Should You Decide to Run
Harbour Vista News will provide a forum in the Newsletter for all candidates who want to post their points of views. Besides distribution to homeowners who live in Harbour Vista, the Newsletter is mailed to a large number of the offsite owners. If you have questions regarding serving on the Board or being a Candidate we would be happy to try to answer them.■
Remember, “We are all in this Together™”
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posted 12 February 2014
Editorial
I have used the saying “We Are All In This Together™”. This is particularly true when it comes to maintaining common areas at Harbour Vista
Personal Experience
 Leaving for dinner one late afternoon, I noticed a leak that sprayed water from what is called a back-flow-valve at a heavily traveled area. I immediately contacted Action Property Management to report it. This leak was very noticeable. But I was the only one who had called it in. One of my neighbors mentioned that she had noticed it the next day and was thinking about calling it in.
Be Vigilant
The problem is all Harbour Vista residents need to be vigilant about the condition of the property and report issues as soon as they occur.
No On-Site Manager
Homeowner should know that it is their money going down the drain that could be used for other things like repairing the clubhouse or fixing the parking lot--and most importantly preventing dues from going up. Renters are also in this. If a landlord’s dues go up, he will pass it on to his tenants. Do not think because one pays dues or rent someone else is taking care of this for you.
Not Obvious
You may be thinking that a maintenance issue is obvious and that it has already been called into action. My personal experience is that is not true. But, placing extra calls will highlight the issue for a quicker repair. That is why Action Property Management provides a “help desk”.
Community Care
Action’s “help desk” is called “Community Care” and is open from 7AM to 7PM Monday through Friday. For off hours, their phone number reverts to an emergency number which is operated 24 hours 7 days a week. “Community Care” can dispatch vendors, write work orders and contact HOA volunteers for any action required such as posting notices. Community Care’s phone number is (800-400-2284). “Community Care” also has its own email address:
where you can report an issue without calling and send photos from your phone for clarification. Photos are forwarded to the appropriate maintenance company which will expedite locating and repairing an issue.
Off-Hours
For off-hours, “Community Care” contacts an “on-call” property manager. So even on the weekend, it should be called in. A fire alarm was broken on a Sunday and would not reset. The Fire Department was called and “Community Care” called by residents. The “on-call” property manager dispatched someone to fix the alarm that day. This happen on Super Bowl Sunday.
As a Harbour Vista resident, renter or a property owner, take responsibility for maintaining the complex. It helps the community as a whole. And as I say again “We Are All In This Together™”.
---Michael Barto |
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Forty (40) New Pet Rules?
