COVID-19 Updates – Community Managers

Hello Managers,

Dirk Petchul of Whitney Petchul has provided the draft homeowner communication for distribution to address homeowners who may wonder if, or why, they still need to pay their assessments when some or many of the amenities are temporarily unavailable to them.

This can be very helpful information for homeowners during this time, however it should only be distributed with the approval of your Board. 

If you do receive authorization to use it, please pay close attention to the bold and italicized sections of the notice and revise to fit your community and amenities.   

Please let me know if you have questions or concerns.

Marianne

Attachment:

Covid 19 Communication from Dirk.docx

Attached is a consolidated packet of legal newsletters from HOA attorneys regarding impacts of COVID-19 on operations.  Up to you as to how to use this.  It may contain some helpful info for some Board members.

Attached:

March 20, 2020 – LegalCoronavirusArticles.pdf

Board Meeting – Conference Calls

Executive Session

1. Post Agenda and Note that Executive Session will be a Telephonic Meeting
2. Provide your normal call-in number and access code to Board Members. 
3. When you call in as the host, enter in the three items below:
   • Access Code (6 Digits)
   • Host Code (4 Digits)
   • Billing Code = Association Code (4 Digits) *Very Important!*

Regular Session

1. Post Agenda and Note that Regular Session will be a Telephonic Meeting.
   • Include Conference Call-In Number & Access Code on Agenda.
2. Use a different conference call line for Regular Session
   • (obtain secondary conference call code by contacting IT)  *Very Important!*
3. When you call in as the host, enter in the three items below:
   • Secondary Access Code (6 Digits)
   • Secondary Host Code (4 Digits)
   • Billing Code = Association Code (4 Digits) *Very Important!*

Notes

• As the host, dial “1*” during the conference to mute/unmute all callers
  • Individual callers can mute/unmute their own lines by dialing “4*”

• You can mute/unmute particular attendees through the web portal if you log in to https://www.conferencecalling.com/

• As a Manager, at most you should only need a total of two conference call access codes.

• Billing/Assoc. Code found on Mgmt. App

Hi Managers – 

Thank you for your diligence in caring for your team members and your communities.  I am seeing and hearing examples of our values lived out everywhere.  I am especially loving the innovation and creativity being exhibited to find solutions to various challenges related to the virus.  Here are some notes to consider:

1. We are recommending that all Board meetings be held by phone.  You need your Board to approve this.  See attached for guidelines about Board meetings by phone.  There is a lot of helpful info in this attachment. You can forward to Board.
   1. You can get conference call support from IT.  Be sure to use different call-in information for Executive and Regular sessions.  See attachment for mechanics of setting up Executive and Regular Session Meetings by phone.
   2. If your association uses the facilities of another HOA for Board meetings, check immediately to see if that facility is still available to you.  Many HOAs are prohibiting the use of these facilities by other HOAs.
2. We are recommending that all hearings and committee meetings either be postponed or scheduled to be held by phone.  Committee meetings can be held by phone in the same way as Board meetings (but without the same notice requirements).  Hearings can also be held by phone, but that can require some additional steps.  If possible, we recommend to postpone hearings.  If you need to schedule hearings by phone, contact IT for direction.  (Note:  IT is working out steps to do this.  Wait until Tuesday to ask them about this.)
3. We are recommending that Boards at least discuss and consider closing pools, club rooms and other amenities.  At the very least, the areas need deeper cleanings. Ultimately, though, this is a Board decision.
4. On-Sites:  
   1. Recommend that your janitorial service is increased to provide extra cleanings of desks, door handles, and other commonly touched surfaces.
   2. Make sure that your front desk is supplied with hand sanitizer, gloves, and disinfectant spray.
   3. Work to find ways for all of your staff to keep 6 feet away from other people
   4. Keep staff from entering any units
   5. Believe there is a better way!  There are ways that front desks can operate safely within the recommended guidelines – and still perform their jobs – and still get a paycheck!  Find creative solutions.  They will be different in every situation, but create temporary new protocols like:
      1. Keep residents/guests six feet away from front desk to ask questions, etc.
      2. Keep front desk staff behind the desk.
      3. Clean desk with sanitizer every time personnel change at a desk
      4. Find ways to distribute packages while maintaining 6 foot separation
      5. Ensure that staff wears gloves
5. If there is an infection reported in your community/building:
   1. Notify your Senior Manager
   2. Notify Matthew Holbrook
   3. Notify your Local Health Department (reference attached list)
   4. Follow Health Department Recommendations while keeping your Senior Manager & Matthew Holbrook updated
   5. Keep confidential the identity of anyone infected
6. Work-at-home is to be encouraged, but:
   1. That option must be approved by your Department/Division Head
   2. Is limited to team members who have Action-issued lap tops unless approved by Department/Division Head, Paul Firth AND Brad Perry
7. If there are requests that you need for any resource supplies, go through your supervisor.  Your supervisor can then coordinate with IT or Nicole for any needed resources.

Again, thank you all for all you are doing!  Please continue to send me input and recommendations.  Thank you!

Matthew

Action Property Management Recommendation

Open Board Meetings: COVID-19 Options

The following is provided by the law firm of Whitney Petchul:

Option #1 – Postpone any non-essential Board meetings, and reschedule at a later date.

Option #2 – Hold Executive Session Meetings only, as necessary, via teleconference, with Board members and management only; postpone any non-essential hearings with owners.

Option #3 – Continue with Open Board Meetings, at which Board members (and possibly members) participate via teleconference, via one of the following Options:

Pursuant to Civil Code Section 4925, the Association is required to allow members to attend and to speak at any Board meeting (subject to reasonable time limits).  As such, the Telephonic meeting-related options are as follows:

Option 1 – In person attendance by Members; fully compliant with open meeting legal requirements.

• Provide a notice of the Board meeting that identifies a physical location where members may attend to hear and be heard on the teleconference.  
• Designate a Board member or other person to be present at the location identified for the members. 

IMPORTANT, the attendee at the physical location for members IS NOT required to be the community manager and is not required to be a member of the association. However, the designated person should a) be capable of operating the speaker phone (or other device utilized for the transmission of the Teleconference), to assure that any member that attends at that location is able to hear all parties to the Telephonic meeting and b) should be familiar with how the meeting will be conducted and the specific rights of members to speak (and the limitations to that right).   Members can be encouraged not to attend. However, the only means for those members to participate in the meeting or to hear the meeting would be for them to appear at the designated location in person.

This option is fully compliant with the legal requirements of the Davis Stirling Act.  However, it will, effectively, encourage members of the association to congregate, and mandate that one other person attend in a manner that is not recommended at this stage of our worldwide pandemic. 

Option 2 – Members may attend in person or join the Teleconference; fully compliant with open meeting legal requirements.  

• Provide notice of the Board meeting that identifies a physical location were members can attend to hear and be heard on the teleconference.
• Arrange for a designated person to attend that location, but encourage members not to physically attend.    
• Provide members, in the same notice, a call-in number and code to participate in the meeting via teleconference (rather than in person).

This option is fully compliant with the legal requirements of the Davis Stirling Act inasmuch as the physical location is being provided as required by Civil Code 4090. However, by providing the call-in number and code, the probability of attendance at the designated location is significantly reduced.  That said, there is still the potential that it will provide some encouragement to members of the association to congregate, and mandate that one other person to attend in a manner that is not recommended at this stage of our worldwide pandemic.  

An added challenge created by this option is that providing a call-in number and code to members drastically increases the probability of inappropriate disruption by attending members (in a situation where it might be difficult or impossible to know which member is doing so).  That said, certain economical teleconference services offer host controls that allow selective muting of attending members (such that, after membership commentary,  the lines of all attendees other than the board members can be muted).  One such service is FreeConferenceCall.com. 

Other challenges that arise with this option are,  A) it may be difficult or impossible to verify that any given attendee is a member of the association and/or B) it will be impossible to avoid unauthorized recording of the meeting.  As such, if this option is utilized, it may warrant an introductory statement/warning crafted to mitigate those risks.  

Option 3.     Teleconference only; NOT fully compliant with open meeting laws but legal risk viewed as low in light of COVID-19 pandemic.  

• Provide notice of the Board meeting that does not provide a physical location and only provides teleconference meeting number and code.

This option IS NOT fully compliant with the law inasmuch as a physical location is not provided as referenced in Civil Code Section 4090.   However, in light of our worldwide pandemic and the actions that have been taken by world organizations and our federal, state and local governments (including the March 13, 2020 declaration of a National Emergency), it is generally viewed as unlikely that any court would take any action against an association for this strategy, particularly if members can hear and appropriately participate on the Teleconference.  

An added challenge created by this option is that providing a call-in number and code to members drastically increases the probability of inappropriate disruption by attending members (in a situation where it might be difficult or impossible to know which member is doing so).  That said, certain economical teleconference services offer host controls that allow selective muting of attending members (such that, after membership commentary,  the lines of all attendees other than the board members can be muted).  One such service is FreeConferenceCall.com. 

If this option is utilized, boards should consider, to the extent feasible, delaying larger or more controversial board decisions, projects or changes until they can be addressed at a meeting that is fully compliant with the express requirements for open meetings, or it is established that the exigency of the particular action or project cannot be reasonably delayed any further. Boards should also consider ratifying all actions taken at these meetings at the next meeting the associations conducts that fully complies with the open meeting act (traditional in-person meetings, or meetings conducted pursuant to options 1 or 2, above).

An added challenge with this option is that providing a call-in number and code to members drastically increases the probabilities of inappropriate disruption by attending members (in a situation where it might be difficult or impossible to know which member is doing so).  That said, certain economical teleconference services offer host controls that allow selective muting of attending members (such that, after membership commentary, the lines of all attendees other than the board members can be muted).  One such service is FreeConferenceCall.com.

Other challenges with this option are a) it may be difficult or impossible to verify that any given attendee is a member of the association and/or b) it will be impossible to avoid unauthorized recording of the meeting.  As such, if this option is utilized, it may warrant an introductory statement/warning crafted to mitigate those risks.