PACIFIC TOWER NEWSLETTER – SEPTEMBER 2021

Check out our website/blog for downloading forms and fascinating       building info http://www.PacificTowerHOA.org

     

       CRIMES AGAINST BALCONIES

            Did you know your balcony isn’t exactly yours? Your balcony is considered Common Area - for exclusive use. That means your balcony is sort of leant to you, and there are 16 rules about what you cannot do to it. Here are some of the key rules: 

Your balcony “cannot be redecorated, renovated or remodeled.”

Tiling your balcony or painting it an alternative color or swapping out the sconce light is a no-no. Having a rug that could be damp and could hide a hole or crack in the concrete is not permitted. Drilling holes for hanging plants falls under this category because your balcony is vulnerable to water intrusion. If water gets in through even a tiny hole and makes its way to the rebar, it will rust that rebar. Rusted rebar will compromise and crack the concrete and possibly weaken the balcony. This is why we also ask you to please, please have plastic saucers under every plant (available at Green Gardens right next door). Your HOA has spent and continues to spend big bucks to keep your concrete balcony in tip top, safe condition. We need your cooperation.

No signs, banners or flags can be affixed to your balcony.

Patio furniture only is permitted.

No storage is allowed.

No clotheslines or drying of laundry.

No BBQ or cooking.

Railing: Nothing may be attached except a windbreak of clear 1/8” plexiglass (no higher than the railing) or chain-link fencing that is the same as the chain link on the cat-walk. All other barriers such as chicken wire are not permitted.

Smoking: not permitted.

 

Want to see ALL the rules? For a digital copy of the Rules and Regulations, please visit our website http://www.PacificTowerHOA.org

 

 

 

     PACIFIC TOWER NEWSLETTER – SEPTEMBER 2021 page 2

 

HOA MEETINGS

Pacific Tower Homeowner’s Association has a monthly meeting, usually the third Tuesday of every month and if you are an owner, you’re invited!  Meet your Board and neighbors. Find out where your $540 is going. We’d love to have you! If you get bored, you’re welcome to leave – no pressure.

 

Since the pandemic, we’ve held our meetings on Zoom instead of gathering in- person in the Rec Room and many owners have taken advantage of participating virtually from the comfort of their units. Pajamas are permitted if not too sexy.

 

At the beginning of each meeting, homeowners are invited to ask questions of the Board, raise issues or lodge complaints for five minutes per person.

 

If you have a computer and would like to get a Zoom invitation for the next meeting, please email Keisha@phoac.com. If you don’t have a computer, you can still join the meeting by phone. Meeting announcement posted in the Lobby 4 days before the meeting gives the Zoom Meeting phone number so you can join by phone. 

                                          DON’T BE A DOORMAT

With apologies to Bed, Bath and Beyond, but please don’t have a doormat in front of your door. Maintenance needs to either mop or vacuum there and your doormat and/or your shoes are in the way. Please have nothing in front of your door. Thank you.

 

BOARD OFFICERS

President – Mark Cabaj, Vice President - Karyl Miller, Secretary – Julie Menas, Treasurer – Anthony Mariucci, Directors – Troy Krich, George Kyrala, and Robin Del Pape.

 

Newsletter Written by Karyl Miller and Edited by Trish Mylet

 

Covid Updates and Rules

As of this writing no one in the building has caught Covid. Yay! But Delta is in the air. Everyone is asked to be careful. It ain’t over till it’s over. Social distance is still a good thing and so are masks. At least have a mask at the ready. Thank you. 

 

 

CONTACT INFO

On-Site Maintenance Cell Phone (Joseph Arellano) 619.339.3490 – Call or Text

On-Site Maintenance Office Land Line - 858.272.0860

Professional HOA Consultants (PHOAC) - 619.229.0044

*NEW: After Hours Emergencies 800.395.6036

Community Association Manager – Keisha Kendall 619.229.0044 ext.16 email: keisha@phoac.com

PHOAC Accounts Receivable - payments@phoac.com

                                                                                           

Game of Thrones Man Cave?

Dear Boardie,

I’m planning on remodeling my condo into a Game of Thrones Man Cave. I own it so I can do whatever I want, right?

Signed, Homie

Boardie: Thankyouforasking and nooooo, you cannot do whatever you want.  You have to follow our HOA Architectural Guidelines.

Homie: “Architectural Guidelines?!  I have to conform?!  Bleech!  I’ll have you know Game of Thrones is considered visual candy of the highest order!

Boardie: Will there be a moat?

Homie:  Don’t worry, the alligators will be battery operated!  Why do you have to have so many rules?

Boardie: We have rules to protect everybody in the building from everybody else in the building.  What if your upstairs neighbor installed a wood or worse, a tile floor without the required regulation thickness of cork or cork-like lining under it and you started hearing them clopping around 24/7?  What if, even barefoot, their calluses sounded like the Russian Army was doing the Mambo on your noggin?

Homie: Filling out forms is bor-ing!  What if I just go ahead and do what I want and your rules be damned?

Boardie: The Board will and its lawyers could demand and possibly make you remove any unauthorized improvements at your expense.

All because the owner didn’t get architectural 1.  Guidance and 2.  Permission.

Homie: How can I protect myself and still make home improvements?

Boardie: John’s office is just itching to give away free copies of the newest Architectural Guidelines (only 2 pages!) plus a king’s ransom of blank Architectural Forms for owners to fill out and submit for board approval.

OR

Download the Architectural Guidelines now at  PacificTowerHOA.org

Remember that old saying …

‘Tis better to seek permission than to seek a jackhammer.

Rules and Regulations

Official listing of all the Pac Tower Rules and Regulations
click here Rules and Regulations

Pac Tower Going to the Dogs?!

Fido may be really cute and fun for the owner, 

but we’ve noticed lately quite a few dogs going naked and BORN FREE – in other words, going leash-less on the elevator, lobby and hallways. Most people don’t like strange dogs jumping up on them and sniffing them.

At Pac Tower it’s against the rules to have a loose dog anywhere in the common area. THIS ALSO INCLUDES THE POOL area where dogs are NEVER allowed at any time. One man’s Best Friend, may not be another’s. ‘Nuff said.

Swimming in Winter?!

We’re so blessed to have El Nino bringing us these summer-like days where we get to have a pool party in the middle of winter.

BUT the rules seem to have been forgotten. There are lots of pool rules which are listed on the South wall of the pool. Here are the three biggies:

· No glass bottles
· No dogs
· No loud music

If you live here it’s your responsibility to know the rules and to keep your guests in line. If you violate the rules, you can be brought before the HOA board and possibly fined $250 for the first offense, so learn the rules. Your neighbors will appreciate it.

Rules for Renters 'n Owners

RULES FOR RENTERS

Owners must supply their renters with a copy of our Pacific Tower Rules and Regulations.  If your renters know the rules then they know the pool is closed at 9 PM, not to throw towels over their balcony railings, etc. etc and YOU, the owner will not be fined when your renters obey the rules.  A copy of the rules can be obtained in our Maintenance office or from Menas Realty (hard copy of download) for a small fee.

RULES FOR OWNERS

Speaking of renters, Pacific Tower does NOT allow short-term vacation rentals such as Airbnb, VRBO and other internet establishments.  The shortest rental we allow is 90 days and a copy of that lease must be turned in to our or Menas Realty office.  Your Board monitors the web for anyone advertising a short-term rental in our building and does not take this kind of violation lightly.

BORED MEMBERS?

Dear Boardie,

Q. What does an HOA board member do, exactly?

A.  Approves All Spending, such as (but not limited to):

Employee salaries, insurance, repairs, maintenance, upkeep of the common areas, purchasing of all new items like our new Exercycle, new floors for the elevators (on order), WiFi in Rec Room/Gym etc. 

ALL WHILE KEEPING IT AT $400 per month

B. Supervises our Maintenance staff of three

C. Reviews Architectural Requests and approves/not approve them

D. Evaluates all Violation Reports for compliance

E. Writes or re-writes rules like The New(ish) Animal rules and Rec Room Rules (available in the Maintenance Office)

F. Happily answers any and all questions about the building 

TOO MANY RULES?

Dear Boardie, why are you so strict in enforcing every rule - even the most trivial?

A.    Whatever rule you’re breaking, ask yourself, what if everybody did it?

     Say A hangs their wet, sandy beach towel over their balcony railing. 

           B sees it, assumes it’s an okay thing to do and drapes his wet suit over his balcony. C sees the towel and wet suit and strings up a laundry line with baby diapers. D decides to air-dry sheets she’s tie-dying for her Etsy shop. E hangs out a duck he’s drying for Chinese cooking class etc. etc. Well, you get the idea.

Behind Closed Doors

Q. Have you ever noticed how some floors have their Laundry Doors Open 24/7 and others NEVER have their Laundry Room Doors open?

A. There's no way to sugar-coat it: The Floors with the Closed Laundry Doors are the Nice Floors.
And the Floors with the Open Laundry Doors are the Naughty Floors.

Q. What's the big wup about Laundry Room doors? 

A. The Fire Department requires them shut FOR SAFETY REASONS.  It's just a guess but -The laundry rooms are the only rooms in our building that have a natural gas line. If (heaven forbid) a fire started in the laundry room and the door was open, the fire could travel through the building. If the door was closed it would hopefully be confined to the laundry room behind the fire-rated door.

Q. But I gotta fold my shirts and it's a steambath in there. What's a dude supposed to do? 
A. A dude could prop the door open while he fluffs 'n folds and remember to shut it when he's done.

ACTION ON THIS ISSUE: The Maintenance Staff has been instructed by the Board to shut every Laundry Room door whenever they spot one open...and we applaud our good citizen neighbors for doing the same. It's for our own good!

Nip That Problem Neighbor in the Bud

Dear Boardie,

 Q. My neighbor smokes on his balcony which I know is against the Rules and Regs. I’ve asked him to stop but he continues. What should I do?

A. Owners can fill out a Violation Report (available in our lobby Maintenance office, at Menas Realty, or download from Menas Web Portal). Fill it out as instructed. Return it to Samantha Emig at Menas or send a digital copy to Samantha at semig@Menas.com.

Q. I’m worried my neighbor will shun me if I report him.

A. He’s not exactly your best friend now anyway. Ask your closest other neighbor if he too, has noticed and was bothered by the smoke and if so, if you can include his observations in your report. That’ll take some of the heat off you. While your complaint is confidential, the Violator has the right to know who his accusers are – if he asks, but they seldom do.

Q. What happens after I turn in my Violation Report?

A. Menas sends the smokers a warning letter to stop smoking on the balcony. If they ignore it and continue smoking, the Board will ask them to come to a Hearing at our monthly board meeting and explain themselves. Afterwords the board will vote to dismiss the issue with a warning or to fine the Violator $250 for noncompliance.

Q. What happens if I’m a renter?

A. You would have to get the owner of your unit to complain about the smoker in your behalf.

Q. What happens if the smoker is a renter?

A. The Owner of the rented unit would get the violation warning letter and/or be asked to appear before the Board. Renters have no voice whatsoever at Homeowner Meetings.

Flying Saucers?

Got a balcony lined with glorious geraniums or a cute dwarf palm tree? That’s all fine and dandy until you over water and/or forget to have a non-porous saucer under each and every plant.  You do not want have water pooling on the concrete. If the cement becomes soaked over and over, it can contribute to spalling, which is when the water gets inside and the concrete separates from the rebar inside. It’s not just unsightly, it’s bad for the structure. So be nice to the building. Get yourself over to Green Gardens right next door and grab some plastic saucers from the array of saucers they offer in their shed area. 'Nuf said.

 

What's That !&*# Noise?!

                              You know how sometimes you’re sound asleep dreaming of tranquil beaches and little birdies tweeting and suddenly there’s a crashing noise like a 747 going through your ears? And your heart is pounding out of your chest and you’re thinking what-the-Hell?! That’s the sound of some jerk tossing glass bottles and who-knows-what down our trash chute.

So be a nice neighbor.Don’t throw glass bottles down the garbage – that’s for recycling. And DON’T use the chute after 9 PM. Thanks!

Pacific Tower, a HOTEL?!

Lots of news articles have been popping up lately about people renting out their condos thru internet websites like Airbnb. The Pacific Tower Homeowner’s Association wants to remind OWNERS that renting out your place for less than 90 days is NOT allowed. In other words, you can only rent out your place four times a year at most,  AND you MUST submit a copy of your lease to the onsite Manager’s Office for logging by the HOA Rental Committee. Owners should note that these rules also apply to your Renters who attempt to sublet a portion of their place.

                                The Reasons Behind our Rules:

We don’t want our building used as a hotel because weekend guests don’t know or even care about our rules. We don’t want strangers who are vacationing and eager to party, smoking, bringing food or glass bottles to the pool, going for a midnight swim, tossing their wet suits over the railings, stuffing banana peels or Drano down our delicate garbage disposals, giving out our entry access codes to their new-found pals and doing all the careless things strangers can do when they’re occupying somebody else’s property.

               

                          If You Rent Out your Condo:

1.    Advertising must state 90 Days as the minimum number of rental days.

2.    Rental agents must be notified of Pacific Towers 90 day rule.

3.    Renters must notify our onsite Manager when moving out.

4.    Owners must give renters a copy of the Rules and Regulations (available for $5 from onsite Manager or Menas Realty).

      What Happens if I Ignore the Rules and rent My place on weekends or other short terms?

                     The Board will find out and has the discretion to fine you for every day you are not in compliance with our rules (thus removing the profit from your rental scheme).

The above is an abbreviated, reader-friendly version of the Rules. Below are the the actual rules.                             

                                                 The Rules

Short term occupancy of units in Pacific Tower is prohibited and the Owner may be held liable for fines arising from violations of any one or all of the following sections of the CC&Rs.

Section 3.3; Section 3.4A; Section 5.10; Section 6.1B; Section 6.1C; Section 8.2 A-B-C-D and F; and Section 9.1. The applicable Rules that may result in penalties for violation by such activities are Rules Section A.2; Section B.1 (a-b-c-and d); Section B.3 and Section H.10.  

The Board has the primary responsibility to protect the Common Areas and the interests of all the members / Owners / residents in Pacific Tower.

Community association living requires the full cooperation of all residents to be a good neighbor. Getting to know and complying with the Governing Documents is a good start. With a little consideration and understanding, all residents within Pacific Tower may enjoy the quality of life provided by living here.

The success of our community is founded on the basic principles of common decency, respect and consideration for the basic rights of all neighbors.  The Board urges all Owners to consider the Governing Documents as a ready reminder of the various obligations residents have to one another in day-to-day living at Pacific Tower.

                                                         ###

  

RECYCLING

                                                

The rules of recycling are simple: One plastic bin is for cardboard and old newspapers and the other is for cans and bottles that have been washed and dried.

Please, please do not leave food particles on anything. It will smell and draw bugs and vermin.

A cereal box with a little cereal is NOT OK.

A pizza box with cheese stuck to it = NOT OK.

It only takes an extra minute to be a good neighbor.

Thank you!

Recycling Boxes

                          We hope Santa brought you everything you asked for and all those gift boxes are no longer a mystery. Recycling is good for everybody, but it’s not fair to our maintenance men if you just toss a box in the laundry room and walk away. Boxes need to be emptied of shipping peanuts and wrapping paper and then opened on both ends and flattened: this is the owner’s job. 

*Large boxes need to be collapsed and taken by you down to the engine room in the upper garage. Thanks in advance.

Parrr-ty!

                                Party noise that disturbs everyone is NOT allowed. If you have no way of reaching out to the miscreants, then call the police non-emergency number 619-531-2000. Tell them which condo the noise is coming from and ask for the incident report number.  Follow up the next day using the incident number to find out what action was taken by the police

Renters!

      As of today, Pacific Tower has 41 rental units out of 118 condos. If you’re an owner who rents out your condo, it’s important to know the rules.

Included in this issue is a shortened recent article from the San Diego Union Tribune about the owner of a downtown condo who rented out his luxury condo on a weekend basis – which was strictly against his HOA rules requiring a minimum 90 day lease. His condo association has the same attorney as Pacific Tower and they won the case against the owner. He was forced to pay over $100,000 for his violation.

Q. What is the minimum amount of time I can rent out my condo?

A. 3 months. A copy of the lease MUST be turned in to the office.

Condo owners MUST give their renters a copy of the Rules and Regulations. Ignorance of the rules is no excuse. Owners will be fined if their tenants break the rules.  

Rule-breaker had to pay HOA $106K

SHORT-TERM RENTALS CAN BE COSTLY FOR OWNERS

Rule-breaker had to pay HOA $106K

San Diego Union Tribune By Jonathan Horn  Oct. 25, 2014

If you own a luxurious condo in downtown and want to make some easy money, you can rent out your unit for a weekend via popular sites like Airbnb, Craigslist and Vacation Rentals By Owner.

Just don’t let your homeowners association find out — you could be writing them an even bigger check.

That’s what happened to Thomas Stevens, who in July paid The Mark Condominium Association more than $106,000 after a Superior Court judge ruled that he continually violated the opulent downtown building’s regulations by renting out his 19th-floor unit on a nightly and weekend basis, something Stevens says he did only once. After he wrote the check, The Mark’s association posted notices in the elevators, informing residents of the victory as a tacit reminder to resist any temptation to list their units for leases shorter than the 90 days the complex requires.

With the skyrocketing popularity of sites like Airbnb and VRBO.com providing travelers an alternative to hotels, homeowners associations across downtown are taking steps to ensure their residents don’t get tempted to take advantage of the opportunity.

Some municipalities also regulate short-term rentals.

This week, the San Francisco Board of Supervisors voted to make the use of Airbnb legal for the first time in several years, a measure that moves to Mayor Ed Lee’s desk for signature. In New York, it’s still illegal to rent out a residence to someone for fewer than 30 days, rendering Airbnb moot for short-term stays. The city of San Diego doesn’t ban short-term house rentals, but requires a minimum seven-day stay for condos in some areas. Those who rent out their units are required by the city to obtain certification and collect transient occupancy taxes.

“Owners don’t want weekenders or other short-term stays because it turns their home atmosphere into a hotel atmosphere with visitors who can be loud, disruptive, rude and simply not use the care required to help keep the community clean, safe and free of damage,” said Laurie Kendrick Coxworth, general manager for ICON, a complex on 10th Avenue, which requires at least 30-day leases of its units.

Kendrick Coxworth said each year around Comic-Con, the complex sends out reminder notices to residents not to list their units for the international event. She said the board is considering raising the fine for an initial offense from $250 to $1,000. Across downtown, at the 43-story Electra complex off Harbor Drive, the board two years ago increased the fine from $50 for a first offense to a maximum $5,000, although general manager Jim Jennings said most first-timers are fined $500.

Jennings said he checks sites like Airbnb every two weeks to see if people are advertising their units, and even more frequently around Comic-Con. If there’s a listing, he sends the owner a notice, as the building requires a minimum one-year lease. Jennings said he also finds out about short-term rentals through word-of-mouth.

“You’re not going to keep anything secret in a vertical village,” he said.

David Peters, attorney for The Mark’s association, said visitors tend to get caught because they ask doormen and other workers at the buildings for services more akin to those in a hotel.

“I’ve had them order food from security, and they don’t understand it’s not a hotel and that it’s not their concierge,” he said.

The ruling against Stevens came three months after he sold the two-bedroom unit for $774,000, which was $175,000 more than he and his parents paid in December 2009. The $106,059 payment to The Mark took away any sort of profit.

“It was kind of a wash,” said Stevens, 49, who owns a demolition company in Orange County. “I had to pay my attorney, and all my time wasted. I really didn’t want to sell the unit.”

Leases at The Mark have to be at least 90 days to comply with the building’s regulations, which owners agree to when they buy a unit. Stevens said he only violated the rule once, when he said there was a lack of clarity in the requirement. He said he rented his condo out to a teacher visiting from Ohio for a week, pocketing $2,500. He said he received a violation letter after she commented on the building to someone at the front desk. He eventually paid a $350 fine, and then adjusted his advertisement on VRBO.com to a reflect a minimum 90-day stay.

“I turned people down all the time because I didn’t want to violate the HOA rules,” he said, speaking by phone from Orange County this week.

Peters, The Mark’s attorney, said that Stevens continued to rent out his unit for short terms, despite warnings to stop.

“He was basically bringing people in, and claiming they were his friends and his guests,” Peters said. “They were not his friends and his guests.”

Stevens said they actually were his friends. That includes Tunch Ilkin, a retired member of the Pittsburgh Steelers who stayed in the condo during visits to San Diego to care for his wife, who died in 2012 after a battle with cancer. A spokesman for the Steelers confirmed to U-T San Diego that Ilkin did stay at the property. Stevens said otherwise he and his wife and children would come down from Laguna Niguel for weekends, visiting places like SeaWorld, or that his parents would use it to escape the heat in Scottsdale, Ariz.

In the end, Superior Court Justice Jay Bloom found for The Mark, awarding $16,059 in costs and $90,000 in attorneys fees for breach of contract.

Seth Kaplowitz, a real-estate attorney and finance lecturer at San Diego State University, said homeowners associations are aggressive about enforcement because they want to sustain quality of life and property values. He said other parts of the county aren’t as strict on short-term rentals, noting there’s a large market in North County during Del Mar racing season.

© Copyright 2014 The San Diego Union-Tribune, LLC. An MLIM LLC Company. All rights reserved.

Rules 'n Regs

                             Owners who rent out their places are reminded to give their tenants a copy of the Rules and Regulations and the CC&Rs. This way the tenants will know the rules and be less likely to break the rules and get the owner in trouble or fined. Digital copies can be downloaded from Menas. 

New Rules for Fluffy and Fido

            You recently received a mailing from Menas containing a copy of our new Community Association Pet Rules and New Rec Room Rules. Your Board, along with Tom Ward and input from concerned residents labored diligently to hammer out the rules and the exact wording for the new official rules for both Pets and the Rec Room.

Q.  Why did we need new rules?

A.   The old rules were not specific enough. We felt the rules had to be stated clearly for the safety and enjoyment of everyone in the community. We increased the Pet Rules charges to cover the cost of cleaning and/or replacing soiled carpet and to send a message of how seriously we take our rules. We changed from charging for the Rec Room to taking a refundable deposit instead for “renting” the Rec Room instead. Forms for both are available from Menas. Owners should send a copy of the New Rules to their tenants.