Category Archives: Recommended Reading

California Adopts Emergency Regulations Governing Balconies and Walkways

Following the collapse of the balcony in Berkeley, that killed 6 and seriously injured 7 others, the California Building Safety Commission adopted me regulations on building and waterproofing Elevated Exterior Elements EEE for short.

The adoption of these emergency regulations will increase balcony safety standards by increasing load design, using decay resistant wood and Inspections of waterproofing before covering with other materials, such as a concrete overburden.

Testimony from the Irish families and victims has helped cause these changes. Jackie Donohue, mother of one child killed in the collapse has been leading the charge in bringing changes to vote balcony construction is fine along with requiring inspections.

After Berkeley adopted ordinates requiring inspections, over 800 balconies in that city alone have been found to be deficient.

https://www.dgs.ca.gov/dgs/Newsroom/tabid/72/ArticleID/146/California-Adopts-Emergency-Building-Standards-Regulations-Aimed-at-Preventing-Repeat-of-Berkeley-Balcony-Tragedy.aspx

Thinking About A New Deck? Consider the Benefits Waterproof Walking Decks Offer

This slideshow requires JavaScript.

As winter starts heading into spring you may have looked out at your deck and heaved a sigh knowing you have a choice to make this year…replacing that old rickety wood deck or the fading, sagging composite deck that was supposed to last 30 years. What to do what to do? Go back to a wood deck using exotic Ipe and hope that lasts longer and has less maintenance? Use the newest and “greatest” composite?

While the wood and composite markets currently dominate the deck market, the end user is getting tired of the limited color choices of composite decking available at lumber stores and doesn’t want to wait for a special order with it’s various requirements and doesn’t really like the thought of the maintenance that wood decks require. The newest choice available is actually a choice that’s been around for a long time, it’s just that not many knew about this choice til now.

The new “choice” for decking is rapidly becoming solid surface walking deck systems installed over a plywood substrate on conventional doug fir or pressure treated framing. Solid surface decking systems offer many advantages over it’s wood and composite competitors. Some of those advantages are

  1. Waterproof! These decks can waterproof and give you a walkable surface on a roof deck, dry in a patio below, keep a storage area dry underneath. Increases your homes value!
  2. Cost competitive. Framing costs are the same as for decks receiving wood/composite decking. Plywood and the waterproof coating system often costs less than composite decking and almost always less than exotic hardwoods.
  3. Less Maintenance! No sanding, staining and sealing every year. Most waterproof deck systems require resealing every 3-5 years. Clean them off easily using Simple Green, water and a hose and brush.
  4. Unique Looks! Waterproof decks can look like anything you want-wood (yep), tile, stone, brick, stained, stamped…the designs are virtually unlimited!

Look at our deck finishes, you’ll see some of the many various finishes available that can set you apart from the rest of the pack.

Looking for a manufacturer? Find one here

 

LAWSUIT FILED AGAINST DAVID MAZOR & WANKE INDUSTRIAL COMMERCIAL ALLEGES FRED WANKE IS JUST A “TOOL”

HOA Manager Stumbles Upon WICRLEAKS, Discovers WICR’s Secrets!

Suit Alleges Fraud, Damage to Property, Illegal Use of License!

Allegation That Company Attorney Wrote “Unconscionable Clauses” in WICR’s Contract & Illegally Withheld Information Upon Legal Demand as Agent for Service of Process 

Suit Claims “Erratic Irrational & Aggressive Behavior” By Mazor Frightened His Clients, So They Barred Him From Entering Their Property!

WicrLeaks.com has received a copy of a 30 page suit filed against David Mazor, aka David Krubinski & WICR Inc of San Diego & Palm Springs that alleges that WICR defrauded the Association, caused severe property damage to both exclusive use common areas, the interior of a condominium and then attempted to deny the damage claims after admitting to being at fault.

Attorney Joesph Watson filed a suit several weeks ago, and then amended the complaint after discovering further causes of action after speaking with WICRLeaks.com about WICR and the secret ownership of it by David Mazor aka David Krubinski. Our invaluable assistance in providing reams of documents to the plaintiff’s attorney was the reason for the amended complaint.   YOU CAN READ & DOWNLOAD THE COMPLAINT HERE first-amended-complaint

A frightening aspect of this suit is the allegations by the plaintiff’s of erratic and irrational Behavior and aggressive behavior being exhibited by David Mazor, aka David Krubinski. See the pic below highlighting that assertion. Attempts to gain a comment or reply from WICR remain unanswered at time of publication.

mazors-erratic-behavior

A second highlight of the complaint comes with this gem, (see pic below) an allegation that Fred Wanke is a “tool” used by Mazor and his son Sean Krubinski for hiding behind Wanke’s license. Filings we found from Riverside County clearly show Mazor, then known as Krubinski, registering WICR Inc as partners. The official storyline was that Krubinski/Mazor left WICR when he was a salesperson at Mer-Kote. The allegations are that he maintained the ownership illegally while getting his own D-12 Synthetic Products contractors license.

fred-is-a-tool

wicr fbn filing

Also of great interest is the allegation that Mazor’s wife Irina Mazor of Mazor & Drill in Glendale, inserted unconscionable clauses into the WICR contract that are unenforceble.

According to the Drill & Mazor website, Mazor’s practice is primarily devoted to the representation of owners, contractors, developers and construction managers in all facets of construction law, including the litigation and mediation of construction and commercial claims, business litigation, real property-related matters and the counseling of clients in claims avoidance and mitigation techniques.

According to a paper published here by Marquette University             “Section 2-302 of the Uniform Commercial Code (U.C.C.) deals in a straightforward manner with the unenforceability of unconscionable clauses in contracts.”

The article continues to say

“It is unlikely that the party with inferior bargaining power will recognize and enforce his right to avoid an unconscionable contract. Conversely, the attorney hired to draft the unconscionable clause by the party with superior bargaining power should recognize that the contract is unenforceable. Therefore, the best and most overt way to minimize the occurrence of unconscionable contracts is to forbid a lawyer from drafting them. This article proposes a new disciplinary rule prohibiting the attorney from drafting unconscionable clauses. This prohibition is based on two notions. First, the profession has an interest in regulating this behavior because, as in litigation, the attorney is performing a public function when drafting contracts. The current rules of professional conduct, which prohibit assisting with baseless lawsuits, should be extended to prohibit the drafting of baseless contracts. Second, courts already have begun to use “covert tools,” such as the doctrine of fraud, to regulate this behavior. “

Since Mazor specializes in contracts and mitigating claims (something she worked very hard at to do in this case), she would have a duty to know that clauses she inserted are unconscionable and therefore MUST NOT be inserted. Even of she didn’t write the contract, she would have reviewed it as WICR’s counsel and would need to advise them to remove said clauses. Does this place her license to practice law in jeopardy  or at least raise ethical questions? Possibly. Further along in the suit’s allegations is another gem, alleging Irina illegally denied  that DavidMazor is the owner of WICR. If true, this most certainly would…

irina-illegally-represented-mazor-doesnt-own-wicr

The main focus of the suit lies in claims of fraud by Mazor along with the damage claims to the interior and exterior of the property, loss of use, recovery of attorney’s fees etc. The suit alleges that Sean Krubinski originally took responsibility for the incident where a employee was installing flashing along a wall and a nail pierced a pipe behind the wall.  Water flooded the unit and damaged walls, ceilings and floors along with personal belongings of he occupant. Later on, David Mazor took over and attempted to exert himself onto the occupant as not being responsible and making the plaintiff so uncomfortable with bullying tactics that Mazor and WICR was subsequently barred from entering the property.

Removal of walls and stucco to repair the pipe subsequently revealed alleged defective work where flashing and stucco paper was improperly installed. Construction consultant Jerry Acker was retained to inspect and document the findings. His reports and pictures detail the open flashing, improperly lapped paper and improperly installed stucco WICR repaired.

WICR and Mazor maintained that a clause on their contract that placed responsibility for making claims of damage on the owners insurance policy, not theirs, despite WICR carrying a liability policy against damages they caused. This is the clause that the plaintiff’s allege is illegal and unconscionable. Attorney Joe Watson advises any parties contemplating contracting with WICR to not sign anything unless their attorney has reviewed it first.

“8. INSURANCE AND DEPOSITS. Contractor shall maintain General Liability Insurance in the amount of 1,000,000. Contractor shall also carry Worker’s Compensation insurance for the protection of Contractor’s employees during the progress of the work. Owner shall obtain and pay for insurance against injury to Owner’s own property and employees including persons under Owner’s direction and persons on the job site at Owner’s invitation.”

We are waiting to hear about any dates set for conferences, pre-trial hearings etc. Joe Watson tells WICRLeaks that he has also filed a complaint with the Contractor’s State License Board against WICR with the same allegations as in the suit.

If you have any issues/problems questions about work done by WICR, Inc we advise you contact the Law Offices of Joesph Watson at 323-333-6286.  We’d also like to hear about them as well to help publicize the problem and bring public scrutiny to bear on WICR and Mazor.

Builder of Collapsed Berkeley Balcony Accused of Failing to Follow Plans by CSLB!

The balcony that collapsed in June of 2015 in Berkeley, killing 6 and severely injuring 7 other Irish students has been found, after analysis by forensic scientists,  to have been constructed improperly. As a result, the Contractors State License Board has filed through the Attorney General’s Office an accusation against Segue Construction, the general contractor.

The allegations are serious, not following plans without an architects approval will land you in hot water with CSLB.  It has also resulted in 6 dead people and 7 injured. The weight of that alone would crush me, yet these people running Segue are conscienceless snakes that sought to blame the victims. How do they look in a mirror?

The accusation lists out specifically the contractors failures, from not using pressure treated materials, to using OSB board where their project manual said it was specifically not acceptable, to failing to cover and protect the deck until it could be waterproofed to failing to waterproof it properly.

Read the accusation by clicking here.  Alternately you can read the specific allegations below. The accusation is a public document and the CSLB has posted it as a public service to help warn consumers, as they feel that Segue is a threat to the public. Segue is afforded due process and can defend against the accusation, including even if/when their license is suspended or revoked. Another case I’m familiar with has dragged on since October of 2013 and still proceeds today so justice may take a while here too.

 

This slideshow requires JavaScript.

6 died and 7 seriously injured when the Berkeley balcony collapsed. Inspections may have caught the problem before the tragedy occurred.
6 died and 7 seriously injured when the Berkeley balcony collapsed. Inspections may have caught the problem before the tragedy occurred.

 

Wagner Meters Introduces New BI 2200 Moisture Meter For Home Inspectors and Contractors

wagner-building-inspection
The new moisture meter for building materials allows an inspection without demolition of materials.
IMG_20160516_115444716
I opened the box, read the easy instructions and was testing my stucco a minute later. Very easy to use, lightweight and only 2 buttons!

Full disclosure-I just got one to test from Wagner, free of charge.

Wagner Meter, long a renowned manufacturer of moisture measuring tools for the woodworking, logging and flooring industries, has recently introduced a new tool geared for home inspectors and contractors. The Wagner BI2200 Moisture Meter is a handy tool for measuring relative moisture content of many building materials-stucco, plaster, drywall, tile, shingles etc.

As described by Wagner-  The BI2200 inspection moisture meter is ideal for building or home inspections and is designed to provide comparative, relative moisture content readings for common building materials – stucco, plaster, drywall, tile, shingles, roofing, linoleum, wood and more. From their website-

Materials to Measure

Stucco, plaster, drywall, tile, shingles, roofing, linoleum, wood and more.

Specific Applications

Specifically designed for the building or home inspector, the BI2200, using state-of-the-art electromagnetic wave technology, provides a non-invasive tool for measuring a wide range of materials including wood, synthetic stucco, plaster, drywall, insulation materials, ceramic tile, shingles, linoleum, concrete and more.

The BI2200 Building Inspection Moisture Meter provides a general comparison moisture indication for inspection applications that only require relative* moisture content (MC) readings. By establishing a known baseline dry MC relative reading on a building material, the BI2200 can then compare and pinpoint elevated MC problem areas or conditions.

The BI2200 is programmable for numerous building materials and its two-button control makes one-handed operation simple. Designed with a Teflon pad to protect the sensor area on rough or abrasive surfaces, the BI2200 can provide a relative* MC reading on building materials without damage to the materials surface.

The BI2200, with its Press and Hold feature, lets you get into tight places without needing a visual line to the meter display. Beneath a sink, under a cabinet overhang or in a tight corner, with the Press and Hold feature you can take the relative* MC reading and the display holds the reading once the meter is removed, letting you quickly and easily document the readings during your inspection.

Easy to use and with a wide range of programmable building materials, the BI2200 is a reliable, state-of-the-art tool for the building or home inspection industry. *The BI2200 does not give precise MC percentages but is designed to provide a comparative relative MC reading for each material inspected in order to identify problem or potential problem areas in a building or a home.

Meter Specifications

Size & Weight:
Length – 4 9/16″; Width – 2 3/4″; Height – 1 1/16″; Weight – .37 lbs
Power:
9 volt battery
Auto Power Shut Down – 60 seconds
Control:
Two button control for on/off and material settings Press & Hold feature
Depth of Measurement:
3/4″
Moisture Content:
Relative 5% – 32%
Scanning Area:
1 1/2″ x 2 1/2″
Material Setting:
Selectable setting .20 – 1.0
Calibration:
Verifiable at factory
Other
1 Year Warranty
Battery Included
Shock Resistant
Carry Case with Belt Clip Included
Teflon® pad protects sensor plate from abrasive surfaces

 

I’ll be testing the unit out thoroughly over the next few months and writing up what I have found with it, limitations, other uses for it, accuracy etc. Watch for more info! Do you have one? Let me know what uses you’ve found for it.

 

HOA’s and CONDO’s/PUDs-The January Regenesis Report is Out

The Regenesis Report (National Edition) January 2011 is now available for viewing at http://www.regenesis.net/

IN THIS EDITION

The Rogues Gallery. Does your board have some?

Ask the HOA Expert™. Another set of provocative Q&As.

The Resale Package. What is it and why it costs so much?

Winterizing Vacancies. Snow birds take notice.

Bark Free Zone. Move over rover.

Paint a Montana Sky. Let your paint palate soar!

Good Looking Hood. Keep the cribs stylin’.

Interview with God. If you ask, he’ll answer.

Paraprosdokians. War doesn’t determine who is right, only who is left.

ADVERTISERS The Regenesis Report reaches over 10,000 homeowner association boards and managers nationwide each month.

For advertiser information, see www.regenesis.net/advertise.htm

DO YOU BELONG TO A SELF MANAGED HOA? Regenesis.net is specifically designed to assist self managed HOAs with management issues. Besides the personalized Ask the HOA Expert™ service, there is a vast number of self-help resources…all for only $99/year. For details, see http://www.Regenesis.net/SubscriberInformation.htm

Why not share The Regenesis Report with someone you love?

From Porter Law Group-New Mechanic Lien Laws Take Effect Jan 1 In California

From Porter Law Group comes this infromation for property owners and contractors on the new lien laws effective Jan 1 2011 in California-New Rules-they are important to play by or as a contractor you can lose your rights to collect if you don’t follow them carefully.

Mechanic’s Lien Laws, Forms and Procedures



to Change at the End of this Year







Under the new law, after December 31, 2010, California Civil Code sections 3084 and 3146 are amended to require service of a mechanic’s lien on the owner of the property at the time the mechanic’s lien is recorded. If for some reason the owner cannot be served with the mechanic’s lien then the original contractor or the lender can instead be served. This new process provides owners with notice that a mechanic’s lien has been recorded on their property and it gives them an opportunity to quickly address the situation.  The form of the mechanic’s lien document itself is also changed to include a “Notice of Mechanic’s Lien” which provides a brief explanation of the nature of a mechanic’s lien and options the property owner might pursue to address the situation.

READ ALL OF THIS BULLETIN AT PORTER LAW’S WEBSITE BY CLICKING HERE

Press Release From Associa-Associa Promotes Education Via Facebook, Community Management Leader to Give FREE Copies of The Best of Association Times, Volume 2

Associa Promotes Education Via Facebook, Community Management Leader to Give FREE Copies of The Best of Association Times, Volume 2

Book Provides Education and Encourages Dialogue About Community Association Management

DALLAS–(BUSINESS WIRE)–Associa, the leader in community association management, announced today a new promotion designed to spread community association management education and information to its friends and homeowners. As a reward for signing up to “Like” Associa on Facebook, the company is giving away FREE copies of The Best of Association Times, Volume 2 to all of its new “Likes” and to individuals who already follow Associa and submit their contact information.

“We believe that educating not only our employees, but also our homeowners, fosters better communications, community culture, and ultimately, efficiently run associations”

“We believe that educating not only our employees, but also our homeowners, fosters better communications, community culture, and ultimately, efficiently run associations,” said Associa CEO John Carona. “Through this Facebook promotion, Associa opens the door for learning and dialogue about the community association industry.”
The Best of Association Times, Volume 2 is a 200 page book full of information for community associations, providing readers with articles and answers to common questions about association management. Written by industry experts from Associa, the book offers information on the latest trends, laws and other topics affecting the community association industry. The book can be used as a handy resource on how to maximize the community association management experience.
To “Like” Associa’s Facebook page and receive a FREE copy of The Best of Association Times, Volume 2 please visit www.Facebook.com/Associa and follow the instructions on the “Welcome” page. Individuals who already “Like” Associa’s page can send their information (name, mailing address, phone number) to pr@associaonline.com to receive their copy.
Building successful communities for more than 30 years, Associa is the leader in community association management and serves its clients with local knowledge, national resources and comprehensive expertise. Associa® and its 8,000 employees operate more than 100 branch offices in the United States and Mexico. To learn more about Associa and its charitable organization, Associa Cares, go to www.associaonline.com and www.associacares.com. Find us on Facebook or follow us on twitter.

Re-Blog From Berding & Weil-Dangers Of Hiring an Unlicensed Contractor

Liability in the Bargain?
The Dangers of Hiring an Unlicensed Contractor
by Timothy J. Smith, Esq.
Homeowners and homeowners’ associations often face expenses to maintain or repair their property. It makes sense to look for the most affordable contractor available to do the work. Many times, through friends or relatives, a homeowner will come across an unlicensed contractor during their search for a person to do the work. The unlicensed contractor will provide a bid that is much lower than bids from licensed contractors and promises to do the same work. It sounds so appealing to save money but still get great workmanship that many people fall into the trap and hire the unlicensed contractor. However, the cheapest contractor available might be the one that will cost the most in the long run.
It is not surprising that an unlicensed contractor would be less expensive than a licensed contractor. Unlicensed contractors have advantages that enable them to provide the lowest prices. They do not have to pay licensing fees, they do not have to obtain a bond to protect their work, and more often than not they do not purchase liability or workers compensation insurance. Without these added expenses the unlicensed contractor can provide their services at a rate lower than the legitimately licensed professional.
It is true that having a contractor’s license is not a guarantee that the work will be done well, or even properly. Since there is no guarantee that a licensed contractor will do a better job why should a homeowner or association care if the contractor has a license? The answer is simple–to protect the homeowner or association from a myriad of problems that could arise.
 

FROM the American P{lywood Association-construction details for moisture resistant homes.

Saw this on an email newsletter i get, passing it on…
Build A Better Home publications provide simple construction details for moisture-resistant homes
BBHAPA’s Build A Better Home program is designed to provide builders and homeowners the construction guidelines they need to protect their homes against damaging moisture infiltration by encouraging better building practices for the key elements of a residential structure: roofs, walls and foundation.
Three brochures in the Build A Better Home (BBH) series – BBH: Foundations; BBH: Walls; and BBH: Mold and Mildew have been updated and are now available for purchase as printed brochures, or as free downloadable PDFs.
Click here for more information.

Visit the Build A Better Home website at www.buildabetterhome.org for additional information on construction details, tips for builders and designers, notes to homeowners on controlling mold, and links to video segments demonstrating proper moisture control techniques in construction applications.