Silldorf and Levine Blog

The Law Office of Silldorf & Levine, LLP Presents:
“The Power Board” Seminar
For Community Managers & HOA Board Members  

CCAM Approved for 1 event CEU • Hosted Appetizers, Wine & Beer • HOA Vendor Exhibits • Door Prizes

Location: Elevate Lounge
811 Wilshire Boulevard
Los Anegles, CA 90017

“The Power Board” Seminar teaches:
• Best practices to streamline operations and save money
• The impact of new legislation
• How to protect your community from liability
• Guerilla tactics to help in pursing collections
• How to negotiate with vendors to reduce expenses
• How to avoid special assessments

Seating is limited for this free event! 

RSVP today to: Christina Ciceron, Esq.
cciceron@silldorf-levine.com or (858) 625-3900 ext. 602

http://www.prnewswire.com/news-releases/law-offices-of-silldorf–levine-llp-to-present-power-board-seminar-for-community-associations-123648169.html

We Invite All Homeowner Association Board Members and Community Managers to Attend our Power Board Seminar

Silldorf & Levine, LLP Presents:

“The Power Board” Seminar

DATE: Saturday March 19, 2011

TIME: 9:00 a.m. to 11:00 a.m.

LOCATION: UTC Forum Hall (Located at Westfield UTC Shopping Center in the 2nd Floor of Wells Fargo Building)

PARKING: Parking area near Cozymel’s Restaurant located at 4315 La Jolla Village Dr (cross Street Genesee)

There is NO COST to this Seminar & Breakfast Will Be Provided

RSVP to: Christina Ciceron, Esq. via e-mail or phone (cciceron@silldorf-levine.com or (858) 625-3900 EXT 602)

The Attorneys of Silldorf & Levine, LLP have created “The Power Board” seminar to provide community managers and homeowner association board of directors the ability and strength to create an economically and socially healthy association.

“The Power Board” Seminar teaches:

• Best practices to streamline operations and save money
• The impact of new legislation
• How to protect your community from liability
• Guerilla tactics for pursing collections
• How to negotiate with vendors to reduce expenses
• How to avoid special assessments

This seminar is open to Community Managers and anyone who is currently on the Board of Directors of a Homeowners Association

Firm partner Howard Silldorf will be speaking at California’s leading event to focus on new changes in community management best practices and laws.

Links to Law Seminar information on CACM’s Homepage:

Southern California Law Seminar: http://www.cacm.org/southerncalawseminar.aspx
Northern California Law Seminar and Trade Show: http://www.cacm.org/northerncatradeshowlawseminar.aspx

Our law firm will have an exhibit booth at the upcoming CA Assocation of Community Managers Expo. If you are visiting the Expo on July 29-30, please stop by our exhibit booth (#212) for give-aways!

Can Homeowner Associations prohibit owners from smoking in their units and/or “exclusive-use” areas such as patios and balconies? Every condominium declaration contains a provision that prevents owners from activities that disturb their neighbor’s quiet enjoyment of their property. The cases across the country indicate a possible trend. Homeowner Associations may be liable for not strictly enforcing their CC&R’s when they allow owners to smoke in their units, and thereby cause a nuisance to other owners. Possible ways to address smoking include: amending the CC&R’s to restrict smoking in units; amending the CC&R’s nuisance provision to include secondhand smoke and/or; have the board of directors adopt a new rule prohibiting smoking in private units. In condos, where each unit is owned separately, addressing smoking problems can be especially challenging. The right approach is different for each Homeowner Association. If you are faced with owner disputes involving secondhand smoke and nuisance concerns, please contact us for a consultation that may shield your association from liability for a failure to enforce its CC&R’s.

Do you have the knowledge and understanding of the intricate laws related to employment in California? Learn from a practicing employment law attorney whether a position should be compensated hourly or via salary; when an employee is entitled to overtime pay; and meal and/or rest breaks. What happens when an employer fails to comply with the law? This course will help you learn the complicated rules of exempt versus non-exempt classification and how to negotiate the proper balance between your wages and hours. This course is suited for 1) Employees, 2) Those who want to be employed, 3) Those who are interested in starting a business with employees, and 4) Employers.

To register, please follow this link: http://extension.ucsd.edu/student/index.cfm?vAction=courseWKSP80019

Please contact Christina Ciceron (cciceron@silldorf-levine.com) at our office for a discount code for free course registration!

California Civil Code § 1365.1 requires homeowners associations to provide a “Notice-Assessments and Foreclosure” to each HOA member during the 60 day period before the beginning of the HOA’s fiscal year. This notice is meant to inform the homeowner of current assessments and foreclosures occurring in the upcoming fiscal year.
After a recent revision to the code section, this notice must also inform the homeowners of their right to pay disputed assessments amounts under protest and of the homeowner’s right to contest the disputed amount in small claims court. To adequately contest a disputed assessment, legal representation may be needed.

In July, the California Court of Appeal ruled that a decision made by the California Unemployment Insurance Appeals Board (the Board) decision had precedential effect in the plaintiff’s subsequent attempt to invalidate the Board’s ruling in the California Superior Court.

Plaintiff claimed the Board erroneously assessed unemployment insurance employer contributions and penalties against a particular employer because the employees involved were not employees but independent contractors. Plaintiff disagreed with the Board’s ruling that employee status and independent contractor status should be determined in this tax contribution case by the same factors established in previously decided worker’s compensation cases. Therefore, Plaintiff argued that the Board’s decision should not have been given precedential effect.

Both the Superior Court and Fourth Circuit Court of Appeals agreed with the Board and held that the common law factors for determining employee status from independent contractor status, despite their derivation from worker’s compensation cases, were binding in this tax contribution decision. Thus, the Board’s decision was given precedential effect and Plaintiff was denied declaratory relief.

The modern trend is to find employment when the work being done is an integral part of the regular business of the employer and the worker does not furnish an independent business or professional service relative to the employer. Improper classification can give rise to myriad claims by employees.

The Virginia Graeme Baker Pool & Spa Safety Act came into effect on December 19, 2008. The Act was passed to reduce the number of childhood deaths from drowning in pools. Associations must be aware of the Act because it requires every pool within a Common Interest Development (CID) to meet very specific standards outlined in the Act. The Act is a federal law, so this means CIDs in every state must comply with it regardless of the requirements set by the current laws in their state.

Although there are clearly good intentions behind the creation of the Act, compliance has been more difficult than anticipated. Confusion over the precise requirements of the Act and difficulty obtaining pool components which comply with the Act have led many Associations to miss the December 19, 2008 compliance deadline. If your Association believes it may have pools which still do not comply with the Act, prompt action should be taken.

It is essential for Associations to remain updated on important laws such as this one. Please contact Silldorf & Levine, LLP if you have questions about current laws which affect your CID.