General Manager’s Report 4-21-2020

Last Updated: 04-21-20

ANNUAL MEETING – The April 6, 2020, Annual Meeting has been postponed for 90-days and will be held on July 6, 2020, the first Monday in July. We have reached a quorum of 1445 valid ballots that were received by the Inspector of Elections, which will be tabulated during the meeting. The Organizational meeting of the Board scheduled for later that day will be held at 2:00 PM when the Board will appoint officers.

2019 ANNUAL AUDIT – The 2019 Annual Audit was mailed on Friday, April 17, 2020 – all Members should be getting their audits in the mail shortly. The deadline was April 30, 2020.

Liquid-Amber Trees on White Oak – The four remaining liquid amber trees along White Oak Drive by the Berger Center are coming out Wednesday or Thursday this week. After they are removed, repairs will be made to the sidewalks that are damaged from the tree roots. We will determine what trees to replant, but they will not go in until the county lifts prohibiting landscape enhancements from its shelter in place order.

AUTOMATED EXTERNAL DEFIBRILLATORS (AED’S) – The purchase of five AED’s was approved at the March 17, 2020 Board meeting. The AED’s will be installed during the shelter in place Sonoma County Order while the facilities are closed and will hopefully be in place when the order is lifted, and Oakmont reopens.

ASYST – OVA’s Architectural Office is now using an iOS (iPhone/iPad) application to more efficiently manage their daily workflow while out in the field doing inspections. The app is titled “Asyst Data Group Mobile App” and comes at a crucial time, as it can be utilized by employees working remotely, and from the OVA office. Only OVA employees will be able to log in to use the application. The mobile app offers staff several improvements, including expanded file management, integrated GPS features, and the ability to work on the go-anywhere internet is available. Asyst Data Group says an Android version of the app is in development.

TENNIS COURTS – We have found that the West Rec Center tennis courts sustained some severe cracking to the playing surface during the winter. Management has contacted contractors to provide proposals for making necessary repairs to the courts and will present them to the Finance Committee and, ultimately, the Board at the May 19, 2020 Board meeting.

We will accept comments during open forum and after the Board has had an opportunity to deliberate on a subject through email at AskOVA@oakmontvillage.com. We will ask them to add the topic in the Subject Line: Open Forum, VMP, etc.

SPOTLIGHT REPORT – Adams-Stirling  

HEALTH DEPARTMENT

DIRECTIVES


Confusion: Your response about pandemic county orders is creating confusion about board authority versus county health department directives. -Shirley P.

RESPONSE: Many are confused about the role of associations when it comes to enforcement authority. While boards must comply with applicable laws, such as the Davis-Stirling Act and Corporations Code, they are not the enforcers of laws and ordinances issued by cities, counties and the state.

Traffic Laws. For example, associations are not the enforcers of state traffic laws. If an association has private streets, boards must adopt their own traffic and parking rules which they enforce with fines and suspension of privileges. Associations can issue a fine for speeding if they adopt rules regulating speeds in their community. The same is true for pandemic directives.

Gym Directive. If all gyms in the state are ordered closed, boards have jurisdiction over common area gyms and the power to close them. If the county issues a directive that everyone wear masks when outdoors, the association is not the enforcer of the county’s directive. They can’t stand outside and ticket people not wearing masks. They can, however, adopt their own rules about wearing masks in the common areas. Many condominium associations adopted emergency rules about wearing masks in common area hallways, elevators and lobbies. 

Private Parks. Associations can also adopt rules regulating their common area greenbelts and parks. If the Board decides it’s okay for a family to picnic in the park, it’s within their jurisdiction. If a neighbor reports the family to the authorities, and police ticket the family, in my opinion it’s heavy-handed.

Unit Guests. If an owner invites a couple to his unit, it would be an overreach for an association or civil authorities to fine the owner and his guests. We are in a pandemic but that does not mean we can put people in straightjackets. I would not be comfortable advising a board to report the owner to the authorities. At some point, some balance needs to enter the picture.

RECOMMENDATION: If associations want to adopt emergency rules related to the coronavirus, they can do so. Boards should work closely with legal counsel on the rules. Even though restrictions will soon be loosened, a second round may be imposed later in the year if the virus mutates.

The full Adams-Stirling article is available below:

4-21-2020-Spotlight-Report