az<\/p>\n
fe<\/p>\n
\u2014<\/p>\n
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\u30e9\u30b0\u30ca\u30a6\u30c3\u30ba\u30d3\u30ec\u30c3\u30b8<\/p>\n
CONTRACTOR VIOLATION POLICY<\/p>\n
It is crucial that contactors hired by members strictly follow mutual rules and restrictions<\/p>\n
related to construction, improvement and repair projects. Given the proximity between units<\/p>\n
and age of the buildings, among other related factors, any deviation from mutual rules or the<\/p>\n
member’s approved scope of work has the potential to have a significant impact on the<\/p>\n
property as well as the adjacent neighbors. Staff has discovered a material increase in<\/p>\n
violations by member contractors who are either unfamiliar with or fail to abide by mutual<\/p>\n
rules and restrictions or who perform work outside of what was approved. Oftentimes this can<\/p>\n
lead to delays; increased project costs for members; increased noise, inconvenience and<\/p>\n
disturbance to neighbors; and unnecessary staff time and resources diverted to regulating<\/p>\n
and overseeing contractor violations and corrections.<\/p>\n
This Contractor Violation Policy (policy) provides for penalties in the form of prohibiting<\/p>\n
offending contractors from performing work in United in an effort to protect members and<\/p>\n
United property and to encourage contractors to adhere to the rules and obligations<\/p>\n
governing the members and mutual.<\/p>\n
Manor Alterations (MA) is the representative acting on behalf of the managing agent (VMS) for<\/p>\n
the mutual (United). This policy classifies the noticing, violation severity, enforcement,<\/p>\n
ramifications of disciplinary actions and remedies relating to the offenses. MA would use the<\/p>\n
policy criteria listed herein to evaluate the contractors\u2019 behavior and administer notices and<\/p>\n
violations to member contractors.<\/p>\n
The circumstances for providing a potential violation notice or notice of violation and issuing<\/p>\n
violation suspensions are based on the severity of the offense listed in two categories as<\/p>\n
defined below:<\/p>\n
Moderate Violation<\/p>\n
1<\/p>\n
Any violation of Exhibit A \u2014 Conditions Rules & Obligations unless noted as a severe<\/p>\n
violation.<\/p>\n
Severe Violations<\/p>\n
1<\/p>\n
Any violation by a contractor performing demolition or initiating renovation work without<\/p>\n
all appropriate governmental and MA approvals inclusive of mutual consents issued by<\/p>\n
MA and City of Laguna Woods approvals, and<\/p>\n
2<\/p>\n
Any contractor performing work contrary to the work specifically noted on the mutual<\/p>\n
consent (MC) issued by MA for the following:<\/p>\n
a. Performing any structural removal or modification, including, but not limited to,<\/p>\n
the widening of an opening of a doorway, passageway or window or removal or<\/p>\n
modification of a structural building element (inclusive of columns, bearing walls,<\/p>\n
shear walls, foundations, exterior walls, any work that would have required a<\/p>\n
variance approval from the board or lapse of any insurance coverage so<\/p>\n
disclosed by the contactor on the mutual standard certificate of liability insurance<\/p>\n
[COLI).<\/p>\n
Performing any work that is beyond the scope of work as defined by the mutual<\/p>\n
consent (MC). This expanded work will include, but not be limited to, installing a<\/p>\n
larger quantity of materials, amending the parameters initially identified, revised
\nlayout, increased dimensions of an approved renovation or using differing<\/p>\n
materials as was indicated on the MC.<\/p>\n
3. Any expansion of the MC description for demolition or improvement work previously<\/p>\n
issued without further authorization from MA. Any unauthorized asbestos release<\/p>\n
contrary to city code, SCAQMD or Cal\/OSHA regulations, or<\/p>\n
The reluctance to complete the approved MC scope of work within 90 calendar days of<\/p>\n
permit issuance, or such reasonable time for the work so described on the MC as<\/p>\n
agreed to with MA when the MC was initially issued, exempting therefrom, any<\/p>\n
reasonable extension of time for force majeure condition affecting the timely completion<\/p>\n
of the work. See Exhibit A \u2014 Construction Rules & Obligations Contractor, Item 17, for<\/p>\n
complete terms relating to time of completion. A force majeure event shall be defined as<\/p>\n
an event beyond the control of the contractor affecting the timely completion of the<\/p>\n
work. Allowable force majeure events shall be considered as an event(s) affecting the<\/p>\n
entire local contracting community that would include major material shortages, war,<\/p>\n
strike, riot, catastrophic weather event, labor disputes or governmental orders relating to<\/p>\n
a pandemic. The contractor’s time shall only be extended for the duration of the force<\/p>\n
majeure event. Contractor shall notify MA within 3 business days of knowledge of such<\/p>\n
delay or the potential of a force majeure event to allow consideration of an appropriate<\/p>\n
extension of time.<\/p>\n
MA is responsible for providing the following enforcement actions of this policy:<\/p>\n
1<\/p>\n
Substantiate violations with notices, notes and photographs; document and archive the<\/p>\n
violation events; and transmit violation material to contractor and member,<\/p>\n
2<\/p>\n
Maintain a log of violations recording at a minimum the contractor’s name and address;<\/p>\n
detail of the violation circumstances; notes regarding the rules, regulations and<\/p>\n
obligations of violation; and other pertinent information of the event,<\/p>\n
MA shall notify the manor member and contractor of all violations and potential<\/p>\n
consequences within seven working days from time of MA’s knowledge of the violation,<\/p>\n
Issuance of all violation notice documents are to be posted on the manor with a<\/p>\n
description of the violation(s). Contractor violations shall also be published in the<\/p>\n
biweekly news bulletin only after validation of the violation.<\/p>\n
Maintain a master list of contractors who are ultimately determined to have engaged in<\/p>\n
violation of and\/or have been suspended under this policy.<\/p>\n
Contractor Violations<\/p>\n
Also see the contractor violation description below:<\/p>\n
1<\/p>\n
Moderate first violations \u2014 Any violation of the Exhibit A \u2014 Construction Rules &<\/p>\n
Obligations unless noted as a severe violation. Contractor and member will be notified<\/p>\n
of the first violation. All subsequent violations in this category will then escalate to a<\/p>\n
severe violation as described below.<\/p>\n
Severe violations \u2014 If the first violation is a severe first violation (or a second moderate<\/p>\n
violation) then MA shall issue a potential violation notice. MA shall allow the contractor<\/p>\n
the opportunity to explain the circumstances of the violation. Under special<\/p>\n
circumstances shall the contractor be allowed to continue work. MA shall then<\/p>\n
determine if the potential violation notice shall become a violation notice and invoke<\/p>\n
those actions described in the contractor violation description.<\/p>\n
In the event a suspension is issued, the contractor will no longer be allowed to do work<\/p>\n
within United. After the second suspension, board approval is necessary for contractor
\nreinstatement. Thereafter, any violation would result in permanent suspension<\/p>\n
from United.<\/p>\n
a. The member is responsible for any supplemental cost to mitigate the actions of<\/p>\n
his\/her contractor that might be attributable to the consequences of damage,<\/p>\n
including, but not limited to, remediation of emergency asbestos cleanup and<\/p>\n
mitigation, damage to mutual property and fines established by governmental<\/p>\n
agencies.<\/p>\n
b<\/p>\n
The member is responsible for any increased costs in replacing a suspended<\/p>\n
contractor from an existing project, subject to No. 4 below.<\/p>\n
Upon issuance of a notice of severe violation, the contractor shall not be allowed to<\/p>\n
submit any new application(s), and existing applications will be refused and\/or the<\/p>\n
contractor will not be allowed to perform any further work in the mutual. However, the<\/p>\n
member of the manor issued the offense and any member who is currently using this<\/p>\n
contractor shall be allowed, with consultation, under special circumstances and only<\/p>\n
with the express written approval of MA to continue to use the offending contractor to<\/p>\n
finish an existing contract at the discretion of MA and in consideration of code<\/p>\n
compliance.<\/p>\n
Contractor Violation Description<\/p>\n
Any violation or suspension due to a violation hereunder will be viewed in totality for any<\/p>\n
work performed by the contractor in the mutual, and not on a per-project\/mutual basis.<\/p>\n
Moderate Violation<\/p>\n
1<\/p>\n
First offense \u2014 Notice of moderate violation and no further action to be taken.<\/p>\n
2<\/p>\n
Second offense \u2014 Escalation to severe violation pending MA conference (i.e., contractor<\/p>\n
will discuss with MA the basis for what was done so that MA can determine if there was<\/p>\n
a violation or a misunderstanding). If MA determines no further action is needed, it<\/p>\n
remains a moderate violation without suspension. If determined to be a second<\/p>\n
violation, MA will apply a 30-calendar-day suspension from working in the mutual.<\/p>\n
Severe Violation<\/p>\n
1<\/p>\n
First offense \u2014 Notice of potential violation. Pending conference with MA (i.e.,<\/p>\n
contractor will discuss with MA the basis for what was done so that MA can<\/p>\n
determine if there was a violation or a misunderstanding). The result of this<\/p>\n
conference will be the basis a 30-calendar-day suspension.<\/p>\n
Second offense \u2014 Notice of violation and mandatory 90-day suspension.<\/p>\n
Third offense \u2014 Notice of violation and mandatory termination of contractor from all<\/p>\n
work within the mutual. Only board reinstatement can result in the contractor<\/p>\n
continuing to work in the mutual.<\/p>\n
Suspensions resulting from the second and third offense violations will occur after a<\/p>\n
conference is held between MA and the contractor to determine if there was a violation or<\/p>\n
a misunderstanding. It shall also be determined if the member of the manor issued the<\/p>\n
offense and any member that is currently using this contractor, shall be allowed, under<\/p>\n
special circumstances, to continue to use the offending contractor to finish their existing<\/p>\n
contract at the discretion of MA and in consideration of code compliance.
\nRegardless of the violations levied as noted herein, contractor and member may be<\/p>\n
subject to other costs as a result of damages to mutual property.<\/p>\n
Contractor Right to Dispute<\/p>\n
The contractor\u2019s right to dispute the violation shall be as follows:<\/p>\n
1<\/p>\n
The contractor has the right to dispute the MA notice of violation by emailing a hearing<\/p>\n
request to alterations@vmsinc.org and copying the MA supervisor and MA manager<\/p>\n
within seven calendar days of the notice of violation issuance to contractor.<\/p>\n
Said hearing request will be heard by United’s ACSC at its next appropriate hearing<\/p>\n
date.<\/p>\n
Should the contractor make a hearing request, all conditions of the violation, including<\/p>\n
the suspension, will remain in effect until the ACSC provides a final determination.
\nExhibit A \u2014 Construction Rules & Obligations<\/p>\n
Both member and contractor shall abide by Exhibit A \u2014 Construction Rules & Obligations,<\/p>\n
may be held responsible for damages and take responsibility for the violations as a result of<\/p>\n
not complying with Exhibit A \u2014 Construction Rules & Obligations. Contractor agrees to<\/p>\n
comply with all rules and regulations, and violation provisions as stated in Exhibit A \u2014<\/p>\n
Construction Rules & Obligations and the Contractor Violation Policy.<\/p>\n
1<\/p>\n
Mutual consent (MC) approvals: No improvement shall be installed, constructed,<\/p>\n
modified or altered at any manor (property) within United Laguna Woods Mutual<\/p>\n
(mutual) without obtaining the proper demolition and new improvement permits in the<\/p>\n
forms of MCs for alterations and demolitions made to and approved in writing by Village<\/p>\n
Management Services Inc. (VMS), Manor Alterations Division (MA) or, in the event of a<\/p>\n
variance from the mutual\u2019s alteration standards, the Architectural Control and Standards<\/p>\n
Committee (ACSC) and the United board. In the event written permission is given for the<\/p>\n
installation, construction, modification or alteration of any improvement(s) upon the<\/p>\n
property, the member agrees to comply with the mutual\u2019s governing documents and any<\/p>\n
specific terms or conditions imposed, and that the installation, construction, modification<\/p>\n
or alteration shall be in strict compliance with the terms of the approval.<\/p>\n
All costs for maintenance, repair, renovation, replacement or removal of the<\/p>\n
improvement, present and future, are the responsibility of the property\u2019s member and\/or<\/p>\n
all future mutual members. Contractor may be held responsible to repair mutual property<\/p>\n
damaged and\/or modified in the course of its work without having obtained the approval<\/p>\n
to do so via a duly executed MC.<\/p>\n
Parking of contractors\u2019 or other invitees\u2019 vehicles is prohibited in covered resident<\/p>\n
parking, open resident spaces, handicapped spaces or fire lanes. Contractors or other<\/p>\n
invitees must park on the street. To the extent possible, contractors\u2019 or other invitees\u2019<\/p>\n
vehicles should be limited in number.<\/p>\n
A City of Laguna Woods permit may be required as well as a clearance requirement<\/p>\n
from the South Coast Air Quality Management District (SCAQMD) (asbestos hotline,<\/p>\n
909-396-2336). Prior to the issuance of an MC for alterations and\/or demolition, the<\/p>\n
appropriate City of Laguna Woods permit number(s) must be submitted to the MA office<\/p>\n
located in the Laguna Woods Village Community Center. The city permit must be<\/p>\n
approved within the prescribed time frame, and a copy of the final permit must be<\/p>\n
submitted to MA.<\/p>\n
Member hereby consents and grants to the mutual, MA, the Maintenance and<\/p>\n
Construction Department and their representatives a right of property entry at any time<\/p>\n
to inspect said property and its improvements and for the mutual and the department,<\/p>\n
including its representatives and contractors, to remedy any violation upon the property,<\/p>\n
including, but not limited to, removing trash and\/or any improvement installed without<\/p>\n
approval or modifying an improvement to bring the same into compliance with the terms<\/p>\n
of the approval.
\n6. Subject to the Contractor Violation Policy, member and contractor shall be responsible<\/p>\n
for all activity by contractors, subcontractors, material suppliers and their employees<\/p>\n
and agents, any others who perform work on the property and any violation of the<\/p>\n
mutual\u2019s governing documents, including, but not limited to, traffic and parking<\/p>\n
violations, maintenance of a clean job site at all times, damage to mutual property and<\/p>\n
use of mutual property for storage of equipment or materials without prior approval.<\/p>\n
member acknowledges and agrees that all such persons are his\/her invitees. Member<\/p>\n
shall be responsible for informing all his\/her invitees of the mutual\u2019s rules and<\/p>\n
regulations; however, that does not relieve contractor from compliance with the rules<\/p>\n
due to ignorance or otherwise, as contractor will sign the MC for alterations and\/or<\/p>\n
demolition as a condition to and requirement of any approval. Member shall be liable for<\/p>\n
any violation of the mutual\u2019s governing documents or for any damage caused by any<\/p>\n
invitee, including any fine, assessment or other charge levied in connection therewith;<\/p>\n
however, contractor is also responsible to repair all damage that was done in the<\/p>\n
execution of the alteration, consistent with item number two in this exhibit.<\/p>\n
Member and contractor are responsible for following the gate clearance process in<\/p>\n
place to admit contractors and other invitees. See http:\/\/www.lagunawoodsvillage.com.<\/p>\n
Member contractors and other invitees shall travel to and from the job site by the most<\/p>\n
direct route available and are not authorized to use mutual recreational facilities or other<\/p>\n
amenities while they are in Laguna Woods Village for performance of work in<\/p>\n
connection with the property.<\/p>\n
All improvements must be installed in accordance with California State building code,<\/p>\n
and the published mutual architectural alterations standards, policies and guidelines.<\/p>\n
See http:\/\/www.lagunawoodsvillage.com.<\/p>\n
10<\/p>\n
During construction, work hours established by the mutual and the noise ordinance set<\/p>\n
forth in the City of Laguna Woods municipal code must be adhered to at all times.<\/p>\n
Except in an emergency, work hours from 8 a.m. to 5 p.m. on weekdays; no work is<\/p>\n
permitted on holidays and weekends.<\/p>\n
11<\/p>\n
During construction, both the MC for demolition, alterations and the city building permit<\/p>\n
must be on display for public view at all times in a location approved by MA.<\/p>\n
12<\/p>\n
No waste or materials associated with the construction may be dumped in Laguna<\/p>\n
Woods Village trash bins; such waste or materials associated with the construction must<\/p>\n
be disposed of offsite by the contractor.<\/p>\n
13<\/p>\n
Call the Security Services Department at 949-580-1400 to receive dumpster location<\/p>\n
approval. All dumpsters must conform to the policy for temporary containers. Dumpsters<\/p>\n
must be ordered from the approved City of Laguna Woods waste hauler and must be<\/p>\n
maintained at all times.
\n14. Call Security at 949-580-1400 for portable bathroom placement approval.<\/p>\n
15. The MC for alterations is expected to be completed within 90 calendar days after the<\/p>\n
date of approval, unless an application is submitted with fees and approved by MA for<\/p>\n
an extension or documentation is submitted with the MC that justifies the need for a<\/p>\n
period longer 90 days and MA has agreed to this extension in writing. If the MC has an<\/p>\n
established completion period of more than 90 days but less than 180 days, the date<\/p>\n
established by the MC shall govern. An extension for a maximum of an additional 90<\/p>\n
calendar days beyond the maximum 180-day period may be granted at the request of<\/p>\n
the member prior to expiration and at the discretion of MA. The contractor shall not<\/p>\n
perform any work beyond this 180-day period or six months unless authorized by MA in<\/p>\n
writing.<\/p>\n
16. Violations of the forgoing conditions or the mutual\u2019s governing documents (see<\/p>\n
http:\/\/www.lagunawoodsvillage.com), including, but not limited to, unpaid assessments<\/p>\n
work outside the approved plans, excessive noise, illegal dumping or working after<\/p>\n
hours, will result in disciplinary action, which could result in a stop-work notice, loss of<\/p>\n
privileges and\/or severe fines to the member as presented in the Contractor Violation<\/p>\n
Policy.<\/p>\n
17. Mutual member and his\/her contractor shall indemnify, defend and hold harmless<\/p>\n
United and its officers, directors, committee members, employees and agents from and<\/p>\n
against any and all claims, demands, costs, fines, judgments, settlements and any other<\/p>\n
costs, expenses, amounts and liabilities arising from the mutual shareholder’s<\/p>\n
improvements and installation, construction, design and maintenance of same.<\/p>","protected":false},"author":2,"featured_media":0,"template":"","document_category":[1127],"document_type":[53],"class_list":["post-49185","document","type-document","status-publish","hentry","document_category-manor-alterations","document_type-other"],"acf":{"document":47011,"resolutions":null,"legacy_id":"6271","pdf_extracted_text":""},"yoast_head":"\n