In March 2010 the FCC entered an important Order that affirms the right of apartment building owners the right to enter into exclusive marketing agreements and bulk billing agreements with video service providers. The exclusive marketing agreements are different that the exclusive access agreements which are not allowed. The exclusive marketing agreements are allowed because they promote one service but still allow competitors to service the property and compete for business. It was determined that the bulk agreements are actually beneficial to the consumers because of the price reductions that typically go along with the bulk agreements. While an owner may enter into these agreements the owner cannot prohibit a tenant from utilizing another service at their own expense. Owners can however control how and where other equipment may be installed on the property. The tenant would bear the expense of any installation expenses and the cost of the alternative service.
The first link below takes you to the FCC Order. The second link takes you to the National Mutli-Housing Council site which discusses this ruling in further detail. The third link takes you to a sample form and installation instructions used at a homeowner's association. Property owners should have something similar included in their lease package which is delivered to the tenant when they move in to their apartment.
http://www.nmhc.org/Content/ServeFile.cfm?FileID=7941
http://www.nmhc.org/Content/ServeContent.cfm?ContentItemID=5610
http://www.lbprop.com/kk.pdf
Wednesday, March 17, 2010
Saturday, March 13, 2010
HOA's Don't Lose Your Corporate Status
All California homeowner associations must file the Nonprofit Corporation Statement of Information (SI-100) and the Statement of Common Interest Development (SI-CID) with the Secretary of State every two years. If you choose not to file these every two years your corporate status will likely be suspended. Do not confuse the need to file these with filing your taxes. It is not necessarily going to happen at the same time.
The fee to file these forms is not substantial and run at $20 for the SI-100 and $15 for the SI-CID. The due date is tied to the association’s incorporation month, not its fiscal year. So be sure to place a reminder in your personal calendar to remind you to file these forms every other year. If you are using Outlook, simply schedule the reminder once as a recurring Task and you computer will remind you when the forms are to be filed. These forms are often overlooked but it is an important detail. The State will send out these forms but if the mailing address for the association has changed the forms may not get to you.
You may access fill-in forms directly through the links below.
- SI-100 (PDF)
http://www.sos.ca.gov/business/corp/pdf/so/corp_so100.pdf - SI-CID (PDF)
http://www.sos.ca.gov/business/corp/pdf/so/corpua_cid.pdf
Both forms are available through the Secretary of State website at www.ss.ca.gov.
Boards should follow these steps to avoid the suspension of your corporation.
- Know the incorporation date of your association.
- Determine when the forms were last filed.
- Schedule a reminder for the next due date.
- Advise any new manager/management company of the due date.
- Ask for a copy of the completed forms that were filed
Friday, March 5, 2010
New rules about lead based paint every landlord who owns buildings built before 1978 should know.
Effective April 2010, landlords and contractors have some new Federal requirements when working on properties that were built before 1978. The Renovation, Repair and Painting Rule (RRP) goes into affect in April of this year. The rule imposes requirement on all contractors that work in building built prior to 1978 to become Lead Certified Renovators by taking a one day course on working in these types of buildings. California has similar and even more stringent rules in place already, but with the Federal RRF Rule going into effect it is likely that we will see increased enforcement of the rules as the enforcement seems to be well funded.
Aside from the fact that the enforcement will be more tightly monitored, landlords need to be aware of this law because failing to follow the RRP rule can create a tremendous amount of liability. Landlords I know and work with are good people and care about the well being of their tenants and do not need the threat of lawsuits or fines to do the right thing when dealing with a hazardous materials. That said people do make mistakes because they are not aware of the potential dangers or the requirements when dealing with hazardous materials. We are all aware of the dangers of lead poisoning but there are many misconceptions about how lead poisoning occurs. It is widely believed that most poisoning occurs when somebody ingests paint chips but the fact is that most lead poisoning occurs from lead-contaminated dust. This can occur from repetitive opening and closing of windows and doors or improper handling of a job site wherein lead based paint is disturbed. When contractors do not properly handle the work areas when disturbing areas that contain lead based paint, harmful dust particles can be released into the air. People breathing in that dust can suffer severe health problems. Children and pregnant women are especially susceptible to the harmful effects of lead poisoning and the effects of lead poisoning are irreversible.
A brief summary of the Rule is found below. For more details about lead based paint rules visit the sites listed at the end of this article.
1. The RRP applies to all target housing where more than 6 square feet in a room or 20 square feet outside is being disturbed.
2. This applies to literally millions of jobs done each year. It does not only apply to painting but includes, window replacement, repairing doors and walls, electrical work, heating and air-conditioning, demolition, plumbing and many other jobs. The bottom line is when most work is being done in a pre-1978 building you should assume there is lead paint involved and take the necessary precautions to comply with the RRP Rules and the more stringent rules imposed by the State of California.
3, Contractors performing the work must distribute a pamphlet entitled 'Renovate Right" and obtain a signed receipt from the occupants before starting work.
4. One RRP Certified Renovator must be at each job site. They do so by taking a class.
5. In addition to individual certification each firm doing work must be Certified. They do so by filing the proper forms and paying the fees which run around $300. April 2, 2010 is the deadline and after that date firms may not perform work without this certification.
6. Lead Safe Work Practices must be followed. The checklist found at this site explains those safe work practices. California requires Lead Safe Work Practices in all instances whereas the Federal rules apply only to "Target Housing".
http://www.deh.enr.state.nc.us/ehs/children_health/Lead/10-07LeadSafeWorkPracticeChecklist.pdf
7. Contractor must perform a cleaning verification upon completion of the job. This is referred to as the dust wipe clearance. This is a controversial step because the reliability of such test is questionable. Nevertheless the step is required. A study on this clearance test can be found at
http://www.sanama.hr/Administration/_Upload/Documents/0506_DustwipeApp.pdf
Some additional information about the RRP rule and handling lead based paint can be found by clicking on the link below.
http://www.healthyhomestraining.org/LSWP/NCHH_Federal_LBP_Benchbook_1-23-09.pdf
There are some serious penalties that will be imposed on firms that violate the RRP Rules. The civil fine is $32,500 per offense and an additional criminal penalty of $32,500 if they are knowingly violating the RRP Rule and could face jail time. The link below gives you a little more information about the potential penalties and the RRP rule.
http://www.agc-oregon.org/public/resource_center/lead_AMEC_1.pdf
Aside from the fact that the enforcement will be more tightly monitored, landlords need to be aware of this law because failing to follow the RRP rule can create a tremendous amount of liability. Landlords I know and work with are good people and care about the well being of their tenants and do not need the threat of lawsuits or fines to do the right thing when dealing with a hazardous materials. That said people do make mistakes because they are not aware of the potential dangers or the requirements when dealing with hazardous materials. We are all aware of the dangers of lead poisoning but there are many misconceptions about how lead poisoning occurs. It is widely believed that most poisoning occurs when somebody ingests paint chips but the fact is that most lead poisoning occurs from lead-contaminated dust. This can occur from repetitive opening and closing of windows and doors or improper handling of a job site wherein lead based paint is disturbed. When contractors do not properly handle the work areas when disturbing areas that contain lead based paint, harmful dust particles can be released into the air. People breathing in that dust can suffer severe health problems. Children and pregnant women are especially susceptible to the harmful effects of lead poisoning and the effects of lead poisoning are irreversible.
A brief summary of the Rule is found below. For more details about lead based paint rules visit the sites listed at the end of this article.
1. The RRP applies to all target housing where more than 6 square feet in a room or 20 square feet outside is being disturbed.
- “Target housing” means “any housing constructed prior to 1978,” except any “0-bedroom dwelling,” and housing for the elderly or disabled (unless a child younger than six years old resides, or is expected to reside, there)
2. This applies to literally millions of jobs done each year. It does not only apply to painting but includes, window replacement, repairing doors and walls, electrical work, heating and air-conditioning, demolition, plumbing and many other jobs. The bottom line is when most work is being done in a pre-1978 building you should assume there is lead paint involved and take the necessary precautions to comply with the RRP Rules and the more stringent rules imposed by the State of California.
3, Contractors performing the work must distribute a pamphlet entitled 'Renovate Right" and obtain a signed receipt from the occupants before starting work.
4. One RRP Certified Renovator must be at each job site. They do so by taking a class.
5. In addition to individual certification each firm doing work must be Certified. They do so by filing the proper forms and paying the fees which run around $300. April 2, 2010 is the deadline and after that date firms may not perform work without this certification.
6. Lead Safe Work Practices must be followed. The checklist found at this site explains those safe work practices. California requires Lead Safe Work Practices in all instances whereas the Federal rules apply only to "Target Housing".
http://www.deh.enr.state.nc.us/ehs/children_health/Lead/10-07LeadSafeWorkPracticeChecklist.pdf
7. Contractor must perform a cleaning verification upon completion of the job. This is referred to as the dust wipe clearance. This is a controversial step because the reliability of such test is questionable. Nevertheless the step is required. A study on this clearance test can be found at
http://www.sanama.hr/Administration/_Upload/Documents/0506_DustwipeApp.pdf
Some additional information about the RRP rule and handling lead based paint can be found by clicking on the link below.
http://www.healthyhomestraining.org/LSWP/NCHH_Federal_LBP_Benchbook_1-23-09.pdf
There are some serious penalties that will be imposed on firms that violate the RRP Rules. The civil fine is $32,500 per offense and an additional criminal penalty of $32,500 if they are knowingly violating the RRP Rule and could face jail time. The link below gives you a little more information about the potential penalties and the RRP rule.
http://www.agc-oregon.org/public/resource_center/lead_AMEC_1.pdf
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