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 51 
 on: December 03, 2014, 02:03:05 PM 
Started by beancounter - Last post by beancounter
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Per my discussion with a Codes and Standards Administrator at the Department of Housing and Community Development:

1. Per the Code of Regulations Article 5, Section 42. Caretaker, "Only one caretaker would be required for all structures under one ownership and on one continuous parcel of land."

   a. How does the HCD define the terms:
      • one ownership -– code interpretations have not dealt with this to the extent WC does, however, same owner can be an
        individual, or partnership (PTNR or LLP).

      • one continuous parcel of land –- code interpretations define one parcel as, “One or more legally defined lots which are
        contiguous or in close proximity (across the street, etc.).”


   b. Would two 14-unit apartment buildings located next to each other and having the same ownership be considered one
       continuous parcel if the two apartment buildings had separate assessor's parcel numbers?  -- One could argue this,
       however, parcel numbers are for the purpose of assessing property taxes, not determining whether or not a resident
       manager is required.  This has not been specifically addressed in the interpretations, but multiple interpretations deal with
       the issue of defining what constitutes a continuous parcel.

2. What happens if an apartment owner fails to provide a caretaker according to this provision in the Code? -- Residents can file a complaint with the local code enforcement agency which may or may not contact the Department of Housing and Community Development for assistance.  Local ordinances may be more restrictive (may require caretaker for less than 16 units, etc.; You must login to view links.
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West Hollywood’s
rent control ordinance allows residents to apply for a rent decrease hearing if no caretaker is maintained).  When several people are living together in a building, the owner needs to be able to respond to emergency situations (plumbing, electrical, pest/insect infestations, etc.) promptly.

Code interpretations are not available on-line, however, they are public record and can be obtained via request.

Managers are not required to reside as long as there is 24-hour coverage by desk clerks, etc.

 52 
 on: December 01, 2014, 10:24:12 AM 
Started by auditor1 - Last post by auditor1
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As previously discussed, Members who are not Managers cannot be excluded from the audit unless they are inactive and unpaid (only Manager Members can be excluded by endorsement).  In the case you're describing, they are both active and paid (albeit, not via payroll).  Active and/or paid members would be included subject to the minimum/maximum payroll limitations in the USRP.

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:

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When you create or join a limited liability company, you have a claim on all earnings and assets of the business.  Limited liability company members do not receive dividend payments; only shareholders of a corporation receive earnings through dividends.  However, members may receive distributions of profit from the LLC at the discretion of management or as required in an operating agreement.

The LLC is responsible for filing an informational tax return each year; however, members must receive a Schedule K-1 which reports their proportionate share of income tax items.  The members must then report all K-1 amounts on the applicable IRS Form 1040.  The members incur a tax liability when the LLC earns a profit, irrespective of whether it distributes or retains it.  In contrast, corporation shareholders pay additional income tax only on dividends they receive during the tax year.  If the corporation does not declare a dividend, shareholders do not incur a tax liability.


Let us know if this helps :-)

 53 
 on: November 24, 2014, 02:32:42 PM 
Started by NickDin - Last post by NickDin
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Beancounter,

Thanks for the info on LLC's.

Here is another situation that just came up.

We have a surgery center with two managing members that are excluded.  They also have four partners/members with minority ownership that are not managers and use the center to perform surgeries.  These members are not on payroll and are paid a dividend.

Would these individuals be included at audit?  If so, would their remuneration be based on the min/max or would it be based on the dividend?


 54 
 on: November 06, 2014, 11:40:01 AM 
Started by auditor1 - Last post by auditor1
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AB 1914 was approved and became You must login to view links.
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Insurance Code Sections 11753.1 and 11753.2
.

 55 
 on: September 30, 2014, 05:53:39 PM 
Started by auditor1 - Last post by auditor1
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CA Department of Social Services (You must login to view links.
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CDSS
) license lookup includes:

  • Foster Family Agencies
  • 24 Hour Residential Care for Children
  • Adult Residential and Daycare
  • Elderly Assisted Living
  • Child Care
  • All Facility Types

Also accessed You must login to view links.
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 56 
 on: July 26, 2014, 11:24:11 PM 
Started by The valetudinarian - Last post by The valetudinarian
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Way to go Groper!! Cry

 57 
 on: July 10, 2014, 02:52:59 PM 
Started by beancounter - Last post by beancounter
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Beginning with the 10/23/2012 Minutes, public access is provided You must login to view links.
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 58 
 on: July 10, 2014, 11:21:24 AM 
Started by beancounter - Last post by beancounter
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They have created another website called You must login to view links.
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BreEZe Online Services
(the old one, above, still works also).

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BreEZe is DCA's new licensing and enforcement system and a one-stop shop for consumers, licensees and applicants! BreEZe enables consumers to verify the professional license and file a consumer complaint (with or without registering).

 59 
 on: June 28, 2014, 09:48:59 AM 
Started by DToutain - Last post by DToutain
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Thank you very much for your reply! The issue was resolved a week ago...it was advised that I call WCIRB for verification of  8868 and 9101.  I did, and it was. :-)
Thanks again!

 60 
 on: June 27, 2014, 04:06:46 PM 
Started by The valetudinarian - Last post by The valetudinarian
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8868 and/or 9101. Fer Shure! Cool

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