Quorum February 2016 by CAI-Coachella Valley Chapter

FEBRUARY 2016

Coachella Valley Community Associations Institute Magazine

Avondale Homeowners Association INSIDE EDUCATION FOR BOARD MEMBERS

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15 Board Members Need CAI's Trusted Education 17 The Board Leadership Development Workshop 30 Tips for Boards to Prevent Frad & Embezzlement 32 From Good to Great 33 Homeowner Rights & Responsibilities 34 Board Member Rights & Responsibilities 35 Community Association Governance Guidelines 36 Model Code of Ethics for Community Association Board Members 37 Community Association Fundamentals 37 What are the Benefits of Membership for Community Board Members

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INTRODUCes Kevin Leonard, RS as the New President of the Inland Empire/Coachella Valley Office Kevin Leonard, who has worked with 200+ community associations across the nation, will be taking over the Inland Empire/Coachella Valley office starting January 1, 2016. Kevin is looking forward to continuing to deliver high quality Reserve Studies and customer service Association Reserves is known for to this area.

Office: (909) 906-1025 kleonard@reservestudy.com

Contact Kevin Leonard for all of your Reserve Study Needs!

Quorum February, 2016

Kevin is well versed in CA Civil Code 5570 "Assessment and Reserve Funding Disclosures" as well as National Reserve Study Standards. For his expertise and experience, he earned the Community Association Institute’s (CAI) Reserve Specialist (RS) designation.

www.reservestudy.com

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BOARD OF DIRECTORS COACHELLA VALLEY CHAPTER 2016 GERARD GONZALES, PRESIDENT Albert Management, Inc. TAD BLACK, PAST PRESIDENT Associa OnCall PHYLLIS HARKINS, CMCA, CCAM, AMS PRESIDENT ELECT Palm Desert Country Club Association LESLEE CICOGNA, PCAM, AMS, CMCA TREASURER Associa Desert Resort Management JOHN WALTERS-CLARK, SECRETARY NPG Nelson Paving CARDINAL AMBROSE, CCAM, CMCA, AMS DIRECTOR Albert Management, Inc. RHONDA DREWS, CMCA,AMS, PCAM DIRECTOR Associa Desert Resort Management MATT LAWTON, CIRMS, DIRECTOR Prendiville Insurance Agency GEN WANGLER, ESQ., CCAL DIRECTOR Fiore Racobs & Powers A PLC JOLEN ZEROSKI, DIRECTOR Union Bank

CAI Coachella Valley Office 41-905 Boardwalk, Suite A-2 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org CAL LOCKETT Executive Director clockett@cai-cv.org

A Full Service lAw Firm

Providing Practical Approaches in:

ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION

CC&R Interpretation, Drafting and Enforcement

editor@cai-cv.org

Opinion Letters Contract Drafting and Negotiation Civil Litigation Assessment Recovery 73-710 Fred Waring Drive, Suite 120, Palm Desert, California 92260

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For inquires contact Jeffrey French www.gbflawyers.com

| 760.346.9310

The materials contained in this publication are designed to provide our members with accurate, timely and authoritative information with regard to the subject covered. However, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services. The Coachella Valley Chapter has not verified and/or endorsed the contents of these articles or advertising, nor do we have the facilities or the personnel to do so. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.

CONTENTS

10 FEATURES

Avondale Homeowners Association By John Walters-Clark

Board Members Need CAI’s Trusted Education By Executive Director Cal Lockett

The Board Leadership Development Workshop

Interpersonal Skills & Emotional Intelligence

By Julie Adamen

El Nino is Upon Us, Are You Prepared?

By Carol A. Fulton, CIRMS

The Drought, El Niño and Beyond – A New Era of Water Conservation

By Ashley Hudgens

From Good to Great

Homeowner Rights & Responsibilities Board Member Rights & Responsibilities Governance Guidelines Model Code of Ethics for Board Members

NEW THIS YEAR! 25

CHAPTER NEWS

CAI-CV Chapter New & Renewing Members

Meet the Leadership CLAC Local Support Committee

Clint Atheron By Erin H. Fujioka

Chapter Upcoming Events

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QUORUM COMMITTEE MEMBERS KYMBERLI TAYLOR-BURKE, CHAIR RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc. PHYLLIS HARKINS, CMCA, AMS, CCAM BOARD LIAISON Palm Desert Country Club Homeowners Association CARI BURLEIGH, CMCA, AMS The Management Trust Desert Division LEXI DELUCA Silldorf & Levine, LLP DEA FRANCK, ESQ. Epsten Grinnell & Howell, APC ERIN FUJIOKA G4S Secure Solutions, USA TIFFANY GOFF Dunn-Edwards Corporation ANTOINETTE HAMILTON Suntrek Solar LISA LYNN, CCAM Albert Management, Inc. FRAN MULLAHY Vintage Associates, Inc. STEVEN SHUEY, PCAM Personalized Property Management Co. DAN STITES CBCI Construction, Inc. JOHN WALTERS-CLARK NPG Nelson Paving GEN WANGLER, ESQ., CCAL Fiore Racobs & Powers, A PLC JENNIFER ZEIVEL, CMCA, AMS Associa Desert Resort Management

CREATIVE DIRECTOR & GRAPHIC DESIGNER RODNEY BISSELL Bissell Design Studios Inc. rodney@bisselldesign.com (714) 293-3749

SUBSCRIBER SERVICES

The Coachella Valley Quorum Magazine is a publication expressly prepared for association leaders, managers and related business professionals of the Community Associations Institute. Members are encouraged to submit articles for publishing consideration. All articles accepted for publication in the Quorum are subject to editing and rewriting by the Quorum Committee.

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CAI-CV Educational Program & Mini Trade Show Friday, January 8, 2016

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DEPARTMENTS

President’s Message

CAI-CV 35th Anniversary

CAI Memories By Steven Shuey, PCAM

Time Honored

Platinum Spotlight

Epsten Grinnell & Howell

Trending Now Live Stream Video By Antoinette Hamilton

Water Wise

It's Time for Everyone to Step Up and Conserve By Jim Barrett

What Every Board Member Needs to Know

30 Years

1986 - 2016

Welcome Aboard Steve Koffler - Desert BBQ Cleaning By Lisa Lynn, CCAM

C E L E B R AT I N G

Sharron Badham By Fran Mullahy and Phyllis Harkins

Meerkat

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Tips for Board Members to Prevent Fraud and Embezzlement

About CAI

What are the Benefits of Membership for Community Board Members?

CAI-CV.org

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FROM THE CHAPTER

President’s Message

Gerard J Gonzales, Vice President - Albert Management, Inc., CAI-CV Chapter President

The year is off to a great start. We started a little wet and chilly, but as we all know, that kind of weather doesn’t last long in the Coachella Valley. While we can expect a wetter than usual winter, February brings the sun and the valley gets busy with events. You can count on CAI-CV to help you break up your day-to-day workload with some fantastic events and programs. February brings our first Manager on the Run (MOTR) program for managers on Friday, February 5. The topic will be social media. Our second Educational Lunch Program and Mini Trade Show will be Friday, February 12, at Palm Valley Country Club. Our first Board Member Workshop (BMW) program will be Thursday, February 18, at the Shadow Mountain Resort and Club and will utilize CAI National’s new curriculum on Association Rules and Conflict Resolution. Following the BMW program, on Thursday, February 18, we have our first social event of the year, Corks for CLAC, to be held poolside also at Shadow Mountain. So, take a breather and take some time to attend anyone of these great events! So what’s been happening at the Chapter office? The Chapter staff and leadership teams have been getting organized and making the transition into the New Year. We are continuing to make changes to meet the educational needs of our members. I’m extremely proud of what we’ve accomplished in the month of January and want to specifically mention January’s Educational Lunch Program and Mini Trade Show. Please join me in thanking the Programs Committee for arranging for our guest speaker, Julie Adamen, who gave a spirited and entertaining presentation on interpersonal skills and emotional intelligence. Well done. In January, we held our annual solicitation for CAI-CV Committee volunteers to serve on one of the Chapter’s fifteen standing committees. Each year, more than 130 volunteers serve on committees and help manage dozens of programs and events. These volunteers are our leadership team. We welcome any member to join a CAI-CV Committee. Volunteer forms are on the Chapter’s website and available at the CAI-CV office. In February, we will be holding our annual committee training for committee chairs and co-chairs. We will reinforce the Chapter’s goals and set objectives to help us achieve a successful 2016. I’m excited to work with the future leaders of our Chapter and appreciate their time and energy. Lastly, in February we celebrate Valentine’s Day… guys and girls don’t forget! Practice kindness, understanding, and patience throughout the month… spread the love and if that doesn’t work, eat a large bag of chocolate.

Gerard J. Gonzales Vice President - Albert Management, Inc.

CAI-CV MISSION STATEMENT The mission of CAI-CV is to provide leadership for successful development and operation of community associations through information, research and education.

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2016 CORPORATE

CHAPTER NEWS

SPONSORS PLATINUM___________ Accurate Leak Locators AMS Paving Asphalt MD's Conserve LandCare, Inc. Associa Desert Resort Management EmpireWorks Epsten Grinnell & Howell, APC Fiore Racobs & Powers, A PLC NPG Nelson Paving Pacific Western Bank Peters & Freedman, LLP Signarama Sunshine Landscape Western Pacific Roofing

GOLD________________ AMS Security CBCI Construction Diversified Asphalt Flood Response United Paving Vintage Associates

SILVER_______________ 1 Stop Pool Pros Alan Smith Pool Plastering Artistic Maintenance, Inc. Blue Sky Landscape Coachella Valley Water District Mutual of Omaha Painting Unlimited, Inc. Powerful Pest Management Prendiville Insurance Agency PrimeCo Purified Pool Water Seacoast Commerce Bank Three Phase Electric Union Bank Homeowners Association Services

BRONZE_____________ Adams Stirling, PLC All Counties Fence and Supply Aloha Bin Cleaning Animal Pest Management Association Reserves Bank of Southern California Dunn-Edwards Paints Farley Interlocking Pavingstones Frazier Pest Control G4S Secure Solutions Horizon Lighting Kasdan LippSmith Weber Turner, LLP LaBarre/Oksnee Insurance Agency Pro Landscaping, Inc. Rudy’s Termite and Pest Control, Inc. S.B.S. Lien Services SCT Reserve Consultants ServPro of Palm Springs/Indian Wells Sherwin-Williams Paint Silldorf & Levine U.S. Security Associates, Inc. Universal Protection Service Vista Paint Corporation U.S. Security Associates, Inc. Universal Protection Vista Paint Corporation

CAI-CV Chapter New & Renewing Members NEW BUSINESS PARTNERS CV PIPELINE CORP Clint Harris (760) 610-5563 clint@cv-pipeline.com

KASDAN LIPPSMITH WEBER TURNER, LLP Ritchie Lipson, Esq. (949) 906-9220 rlipson@kasdancdlaw.com

LAKE MIRAGE RACQUET CLUB HOMEOWNERS ASSOCIATION Jon Roy (760) 773-3522 Jroy@drminternet.com

LANDCARE (YOUR LAND OUR CARE) LANDSCAPE MAINTENANCE Caleb Smith (760) 775-3209 Caleb.Smith@landcare.com

MCDONNELL ROOFING, INC. Ruben Quezada (714) 844-2814 ruben@mcdonnellroofing.com

PALM VALLEY HOMEOWNERS ASSOCIATION, INC. Gloria Kirkwood, CMCA, AMS, PCAM (760) 772-2092 gkirkwood@drminternet.com

THE PRINTING PLACE Scott Brooks (760) 773-4701 US SECURITY ASSOCIATES Kimberly Burnett (760) 837-2000 kburnett@ussecurityassociates.com RENEWING BUSINESS PARTNERS DUCKWORTH LAW Gregory Duckworth (760) 969-5074 duckworthlawps@gmail.com PATTON DOOR & GATE Al Johns (760) 250-7993 aj@pattondoorgate.com SCOTT CORPORATION, APAC Krista Scott (760) 568-5544 kscott@thescottcorp.com RENEWING MULTI-CHAPTER BUSINESS PARTNERS ADAMS STIRLING, PROFESSIONAL LAW CORPORATION Maureen Davidson (310) 945-0280 maureen@adamsstirling.com BEHR & KILZ PAINTS & PRIMERS Tim Hoss (714) 365-7427 thoss@behrpaint.com

OCBS, INC. Mike Mastropietro (800) 834-2323 mike.mastropietro@ocbsonline.com RENEWING MULTI-CHAPTER MANAGEMENT COMPANY ASSOCIA-PCM Karen Inman (949) 465-2262 karen.inman@associa.us NEW MANAGER N.N. JAESCHKE-SAN DIEGO Ken Friedlander RENEWING MANAGERS ASSOCIA DESERT RESORT MANAGEMENT Carolyn Chesnut, CMCA, AMS (760) 346-1161 cchesnut@drminternet.com Dana Brown, CMCA, AMS (760) 324-1873 dana@desertisland.org Matthew Rittenhouse (760) 346-1161 mrittenhouse@drminternet.com Michelle Lara (760) 346-1161 mlara@drminternet.com

RIVERLAKE COMMUNITY ASSOCIATION Fred Strong (916) 395-7462 generalmanager@riverlake.org SHADOW MOUNTAIN RESORT & CLUB Cindy Calquhoun (760) 346-6123 ccalquhoun@loweenterprises.com THE SPRINGS COMMUNITY ASSOCIATION Kelly Roseman, CMCA, AMS (760) 328-2131 kroseman@springscommunity.com RENEWING NATIONAL CORPORATE MEMBERS ALLIANCE ASSOCIATION BANK Raquel Lozano (619) 632-3464 rlozano@allianceassociationbank.com RENEWING VOLUNTEER LEADERS SMOKE TREE RACQUET CLUB Joyce Debreczeni Ron Williams TWIN PALMS Nadine Navarro

Rebecca Flores (760) 346-1161 Ext. 121 rflores@drminternet.com

GREEN BRYANT & FRENCH, LLP Ronald Green (760) 346-9310 rgreen@gbflawyers.com

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FEATURE

Avondale Homeowners Association By John Walters-Clark

he Avondale Homeowners Association is one of the Valley’s first private golf communities, comprised of 306 custom and semi-custom homes. Residences are spectacularly placed along the meandering fairways and range in value from $275,000 to $1,000,000. Most of the homes have private pools and spas. Central to the community is the gorgeous golf club with a fitness center, tennis courts and a variety of social activities and dining options. Homeowners enjoy limited golf and all the club’s privileges through their Residential Social Membership package that is included in their HOA assessments. The thoughtful design of the community makes access to the clubhouse and amenities easily reachable by golf cart, car or walking. Avondale is a planned unit development (PUD). More than fifty percent of Avondale’s residents are fulltime desert dwellers. Many are from the colder parts of the U.S. and

Quorum February, 2016

Canada. The grateful residents of Avondale are proud of their tight-knit community. The HOA Board has five members. They also have five active committees, including the Architectural Committee, the Front Gate Access Committee, the Emergency Preparedness Committee, the Landscape Committee and the Golf Club Committee. In an energy conservation effort, the Board and Architectural Committee are now in the process of converting all common area lighting to LED, which will also reduce expenses. The Landscape Committee is converting the majority of the community’s common area landscape to desert landscape in an effort to meet the conservation requirements of the Coachella Valley Water District (CVWD). The Association is professionally managed by Desert Management in Rancho Mirage. The Desert Management team has been

FEATURE

The grateful residents of Avondale are proud of their tight-knit community.

working with Avondale for the last 25 years, helping to ensure the community is financially successful. The HOA maintains a strong reserve to assure there are sufficient funds to meet the Association's anticipated needs in the future. The HOA assessments include the Residential Social Membership to the Golf Club and a fantastic cable package with Verizon Fios that includes HBO. Currently, Avondale’s assessments are $363 per month. Avondale’s beautiful guarded front gate is located on El Dorado, just north of Country Club Drive in Palm Desert. This is the only entrance into the community. The guards securely monitor access to visitors and vendors as they enter the property. LaBarre/Oksnee Insurance Agency, Powerful Pest, Universal Protection, Martin Sweeping and Verizon are just some of the CAI-CV Business Partners that provide

services to Avondale. The golf course, which is owned by its individual Equity Golf members, is a hidden gem that is commonly referred to as “one of the best kept secrets in the desert.” Designed by Jimmy Hines, this traditional tree-lined course is reminiscent of courses found in the Pacific Northwest or Northern California. The course provides all levels of golfers with a true challenge. Golfers can enjoy the course-level Garden Dining Room downstairs in the Clubhouse or the Main Dining Room and three bar areas upstairs. This private golf club offers homeowners full and seasonal equity and non-equity memberships in addition to an executive membership. In April 2014, Joyce Addiscott, past Avondale HOA Board President, was among 80 HOA Board members from twenty states who were recognized as part of the first-ever Community

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FEATURE

Designed by Jimmy Hines, this traditional tree-lined course is reminiscent of courses found in the Pacific Northwest or Northern California. Association Leader Appreciation month. CAI created the initiative to call attention to the estimated 1.7 million Americans who serve on boards that govern more than 328,000 HOA’s, condominiums and cooperatives across the country. According to Desert Management’s Senior Community Association Manager, Amy Gunderson, “the Avondale Homeowners Association continues its proud involvement with CAI-CV and appreciates the educational assistance they

provide to community homeowners associations.” For more information about Avondale, contact Amy Gunderson at Desert Management at 760-862-1202. John Walters-Clark, Director of Marketing, NPG Nelson Paving can be reached at jwatlers.clark@npgasphalt.com or at 760-822-3258.

Board Member Workshop Association Rules & Conflict Resolution Gen Wangler, Esq., CCAL from Fiore Racobs & Powers

Steven Shuey, PCAM, CCAM, from Personalized Property Management

SAVE THE DATE FEB 18 FOR COMMUNITY BOARD MEMBERS

BOARD MEMBER WORKSHOP (BMW) For Homeowners & HOA Board Members

DATE: THURSDAY, FEBRUARY 18, 2016 TIME: 3:00PM – 5:30PM COST: $10 PER PERSON / INCLUDES ADMISSION TO THE CORKS FOR CLAC (CALIFORNIA LEGISLATIVE (ACTION COMMITTEE) WINE TASTING FROM 5:30PM - 8:00PM LOCATION: SHADOW MOUNTAIN RESORT & CLUB 45750 SAN LUIS REY, PALM DESERT Limited Seating. Call Now! RSVP BY FEB. 11: WWW.CAI-CV.ORG | 760-341-0559 | ADMIN@CAI-CV.ORG This workshop fills up fast. 12

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joined the Coachella Valley CAI as a manager member when they were just getting started back in the ‘80s. In those days, CAI-CV was primarily an organization for homeowner board members, now referred to as Community Association Volunteer Leaders (CAVLs). I got involved because I was recognized as being knowledgeable in facility maintenance and was asked to teach part of their community board training. CAI has always been about education and research for its members. As the years went by and managing communities became more complex, CAI realized that community managers also needed education. In those early days, attorneys “ran” the organization at the local level. Managers enjoyed the education and soon, many of them became instructors themselves. As times changed, service providers, now called business partners, found that CAI-CV meetings were a great place to advertise their services, especially services unique to associations. It wasn’t long before business partners became a membership category for CAI. As we grew, CAI became a great place for board members, managers and service providers to network together and learn from one another. Over the years, the Chapter’s leadership morphed back and forth from being primarily a homeowner run organization, to an attorney run organization, to a manager run organization. Each representation group took their turns managing the Chapter’s operations. Today, CAI has three solid member representation groups that work very well together, each educating the other.

By Steven Shuey, PCAM, CCAM

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As we grew, CAI became a great place to allow board members, managers and service providers an opportunity to network together and learn from one another. A special thanks goes out to the Business Partners because that group provides most of the funding through their sponsorships and advertising. Their support funds CAI-CV’s many educational programs. The educational programs for managers in particular have helped professionalize our industry. CAI designations for managers have raised the visibility about our jobs internationally. Managers are grateful because we are now recognized as being qualified to perform the administration of many types of communities. Many of the board members I work with are also grateful because CAI is helping them maintain calm and tranquil communities. I have enjoyed watching CAI-CV grow over the years and I’m looking forward to watching how CAI continues to support this industry in the years to come. Steven Shuey is a Professional Community Association Manager (PCAM). He serves on the National Faculty for CAI and Consults with communities for Personalized Property Management in the Coachella Valley. Steven can be contacted at IslandMgr@aol.com.

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FEATURE

Board Members Need CAI’s Trusted Education By Cal Lockett

o you believe that educated board members create harmonious communities? Ask any manager with a CAI designation and you will hear a resounding YES! Educated board members can truly bring a community from Good to Great. CAI has been educating association board members for more than 40 years and the proof of our success is in the many common interest developments (CIDs) that are thriving today. Why is it so important for board members to be educated about association governance? Boards have complex fiduciary responsibilities outlined in hundreds of pages of law. Many boards hire professional managers to assist them with governing their communities but boards need to remember that many of their fiduciary responsibilities are not transferrable to the manager. At the end of the day, the boards are responsible. When uneducated board members try to govern communities, we often see problems arise. The media has examples of these problems regularly – neighborhood battles, unfair enforcement of rules, board fiefdoms, fraud and even embezzlement. Educated board members understand what is needed to govern a community properly and they are grateful for the hard work and dedication of their community managers. “When my board members attend a CAI educational event, they tell me they appreciate the work I do for them as their manager. I have found that providing education to my boards really does make my job easier,” said Cardinal Ambrose, CCAM, CMCA, AMS, with Albert Management. California has about 300,000 volunteer board members governing nearly 50,000 associations but only a small

Educated board members understand what is needed to govern a community properly and they are grateful for the hard work and dedication of their community managers.

percentage of these volunteers are plugged into CAI. Most volunteer board members find themselves in a position of authority in their communities without any education. That was true for me. I have served as president of two community associations and didn’t even know that CAI existed. I mistakenly thought my executive experience and schooling would be enough to help me govern a community – how hard could it be? Within a month of my volunteering, our board was sued by a homeowner who wanted to build high density low income housing on their five-acre single family parcel. The judge threw out our CC&Rs because previous boards did not enforce them uniformly. Had previous board members known the importance of enforcing the CC&Rs, we would not have been in that situation. It was a wakeup call to me that I needed to make sure I understood my community’s governing documents and the statutes related to common interest developments. I would never consider sitting on a board without the resources of CAI to back me up. CIDs are the fastest growing form of housing in the world today. And, complex regulations and new laws create CAI-CV.org

an environment for communities that is unsustainable without professional expertise and education. CAI believes that communities need to be professionally managed and, most important, they need an educated board. CAI offers community volunteer board members the most comprehensive educational programs and resources available. Nearly any topic a board member will encounter is reviewed and discussed in CAI’s vast collection of best practices. Help us get every association in the Coachella Valley plugged in to CAI-CV! Our educational programs will help build better communities that reflect positively on our entire industry. Cal Lockett is the executive director of CAI-CV. He is the former lobbyist for Bank of America and Anthem/ WellPoint. He has served as executive director of the WellPoint Blue Cross Blue Shield Foundations and the national Association of Corporate Contribution Professionals. He has also served as president of two community associations. Cal can be reached at clockett@cai-cv.org or by phone at 760-341-0559.

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TIME HONORED Sharron Badham By Fran Mullahy and Phyllis Harkins Sharron Badham, onsite General Manager of the Hideaway Owners Association, moved to the Coachella Valley from Newport Beach in 1977. During her career, she has attained many professional designations including a BA in Comparative Literature from UC Irvine in 1975, a CCAM in 1994 and a PCAM in 2004. One aspect of her career that she immensely enjoys is facilitating educational classes for both CAI and CACM. The Hideaway is under the professional management umbrella of Associa Desert Resort Management, which this year voted Sharron the Onsite Employee of the Year. In Sharron’s more than 25 years of HOA management, she has worked in both onsite and portfolio positions, and for management companies as well as directly for homeowners association boards. Sharron says that she has had the good fortune to be encouraged and inspired by many people; she noted that two particularly stand out. Bob Sandifer, the owner and CEO of Resort Community Management was her first boss in the community association business and he still stands out as one of the smartest and kindest people she has ever worked with. Another unforgettable person in her life as a community manager is Pat Smith. When Sharron was a newly minted manager, Pat was the experienced manager of The Springs Community Association. Pat was gracious, helpful and willing to answer questions, even though she

and Sharron did not work together. Sharron has always remembered Pat's kindness and has strived to help new people in the HOA industry, and help them feel welcome in association work, which, as Sharron says, can be demanding and intimidating. Sharron has been a member of CAI since the early ‘90s, and served as the Chapter’s president in 2008. She joined because it was the best resource for local networking in the industry and a great way to meet people. She has served on many committees including event committees, Programs, Membership, Nominating and Education, and also served on the Board for six years. Sharron commented that she does not have a favorite saying, and in fact she loves the English language, and tries to always speak accurately and clearly. Right now she is reading “The Marriage Plot: by Jeffrey Eugenides, and she is not sure she likes it; however, she indicated that she will keep working through the book because she has found that some of his other books are brilliant. Her iPod has no more room on it. Loaded on it is everything from rock to classical to blues to folk to punk to opera; but there is not a single byte of hip hop or country. Her hobbies and leisure time include cooking, hiking, dining out, spending time with friends, reading, binge watching Netflix and Hulu, photography and always looking for more hobbies, that as she says, she does not have enough time for. In closing her interview, Sharron commented that it was pure serendipity that she came to live in the Coachella Valley all those years ago. And during her first few summers, she wasn’t sure she would stay very long; now the Valley and its surrounding mountains have been her home for decades. Whenever she is driving east, down the Whitewater grade, she breathes a huge sigh of peace coming back into the desert. She always likes to travel and see a lot of other places, but this is her home. Thank you, Sharron, for your many years of service to the CAI-CV Chapter. It is an honor for us to share your story.

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FEATURE

The Board Leadership Development Workshop

NEW THIS YEAR!

FOR HOA BOARD MEMBERS

ducation for homeowner leaders just got better. The Board Leadership Development Workshop teaches board members how to communicate with association residents, hire qualified managers and service providers, develop enforceable rules, interpret governing documents and more. It provides a comprehensive look at the roles and responsibilities of community association leaders and conveys information to help create and maintain the kind of community people want to call home. The workshop is available in two formats: live, classroom instruction through CAI-CV and an online course available at CAIONLINE.ORG. CAI-CV will conduct The Board Leadership Development Workshop in three sessions in 2016. There will be a Board Member Workshop (BMW) for two hours on Thursday, February 18 and again on Thursday, December 1. And, an all-day workshop on Friday, April 15th. Sign up at CAI-CV. ORG.

Whether you live in a condominium, homeowners association (HOA) or other type of community, the Board Leadership Development Workshop highlights what every board member needs to know to serve effectively. The workshop consists of five modules: Module 1: Governing Documents and Roles & Responsibilities. Module 1 helps you understand the legal authority for your association. It also clarifies the duties and responsibilities of each board member and the professionals who are available to assist the board. Module 2: Communications, Meetings and Volunteerism. Module 2 helps you learn how to maximize volunteer involvement in your community association by improving board communications, conducting effective meetings and building community spirit.

Module 3: Fundamentals of Financial Management. Module 3 introduces the fundamentals of association financial management, including guidelines for protecting your association’s assets, preparing a budget, planning for the future and collecting assessments. Module 4: Professional Advisors and Service Providers. Because putting together the right team to support your association can be challenging, Module 4 provides practical tips on finding, evaluating and hiring qualified professional advisors and service providers. Module 5: Association Rules and Conflict Resolution. Module 5 explores guidelines for making reasonable association rules, enforcing rules fairly and resolving conflict effectively. SEE PAGE 12 FOR FEB 18 BOARD MEMBER WORKSHOP

With your course registration for the Board Leadership Development Workshop, you will receive a complete toolbox of resources containing: • The Board Member Tool Kit • The Board Member Tool Kit Workbook • Community Association Leadership: A Guide for Volunteers • Managing & Governing: How Community Associations Function, by Clifford J. Treese • The Homeowner & the Community Association brochure • From Good to Great: Principles for Community Association Success brochure Whether you take this course in the three sessions provided by CAI-CV or online at CAIONLINE.ORG, this is an excellent investment for your community association! Associations should consider budgeting association funds to cover registration fees.

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CAI-CV

2016 PL ATIN U M SPONSOR SPOTLIGHT

elebrating its 30th year, Epsten Grinnell & Howell has been a recognized leader in community association law since 1986. With offices in the Coachella Valley, San Diego and the Inland Empire, our personable and professional attorneys and staff provide quality legal services throughout Southern California’s desert communities and beyond.

comprehensive portfolio of services, we have developed multiple core practice areas critical to community association operations and governance: • Community Association Counsel • Senior & Fair Housing • Assessment Recovery

Attorneys & Practice Areas

• Dispute Resolution

Our solid reputation reflects our attorneys’ wealth of experience and diverse backgrounds. Some have worked as community association managers, including founding shareholder, Jon H. Epsten, William S. Budd and Pejman D. Kharrazian, making their experiences an important component of our knowledge base. Mary M. Howell and Jon Epsten have been inducted into CAI’s prestigious College of Community Association Lawyers. And, others bring unique, multidisciplinary professional backgrounds and fresh perspectives on the practice of today’s ever-changing community association law. Our Coachella Valley attorneys include: • Mary M. Howell, Esq.

• Civil Litigation

• Susan M. Hawks McClintic, Esq. • David E. Bruce, Esq. • Dea C. Franck, Esq. • William S. Budd, Esq. • David A. Kline, Esq. Each of our attorneys is dedicated to the practice and study of laws and regulations related to California community associations. Offering a

• Construction Defect • Construction Law • Association Civil Litigation • Association Appellate Law • Developer Transition The Coachella Valley is home to many age qualified communities. Age qualified housing compliance presents its own set of issues and priorities. We provide legal guidance on matters specific to senior housing, including enforcement of age restrictions, age verification and rule enforcement conflicts. We share with you a unique and highly qualified resource in this area of the law. A recognized authority on legal issues unique to age qualified communities, Mary Howell has advocated for the rights of 55+ and other senior housing for more than 30 years. Mary and the team of attorneys at Epsten Grinnell & Howell have represented numerous age qualified communities throughout Southern California, including both new developments and those existing for decades. Mary also authors relevant legal texts relating, including A Resource Manual for California Senior Communities and

co-authors the Continuing Education of the Bar publication, Advising California Common Interest Communities, the authoritative text for attorneys seeking to learn the law of community associations. She has been formally recognized by state and local governments for her fair-minded efforts.

Educational Resources Laws frequently change. To excel in client service, our attorneys stay abreast of these changes to offer high quality legal guidance and education. They conduct seminars, publish client advisories and provide other educational opportunities and resources to keep community association board members and managers informed. Through active participation in organizations such as CAI, our attorneys advocate and lobby on behalf of California community associations. Well-informed directors and managers are better prepared to serve their associations; therefore, we offer a variety of helpful materials and programs, including • Annual Legal Symposium • Community Association Law Resource Book (Print & Digital Formats) • “Lunch and Learns” & Other Seminars • E-NEWS from EG&H Newsletter for Community Association Managers • Other Print & Online Resources

Thank you to Epsten Grinnell & Howell for their generous support of CAI-CV 18

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Attorneys Serving Community Associations W hether we share our knowledge with hundreds or a handful, you will find that our educational and legal services offerings are well-targeted to meet community association needs. We are a leader in our field for a reason. We work hard to earn our reputation and believe each day is another opportunity to solidify it. By preserving the founding principles of integrity and fairness upon which Epsten Grinnell & Howell was built, we strive to be an entity that garners the admiration of not only our clients, but also that of our business associates, suppliers and employees. It is a pleasure to work with the wide array of community associations, managers and volunteer leaders here in the Coachella Valley. Our history of involvement in, dedication to, and support of CAI-CV is something of which we are extremely proud. Thank you for being an integral part of our success. We look forward to continuing to be a part of yours. Epsten Grinnell & Howell APC www.epsten.com, 800-300-1704

30 C E L E B R AT I N G

Years

1986 - 2016

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CHAPTER EVENTS

CAI-CV Educational Program & Mini Trade Show Friday, January 8, 2016 Interpersonal Skills & Emotional Intelligence

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CHAPTER EVENTS

GUEST SPEAKER Nationally Recognized HOA Expert, Julie Adamen

PROGRAM BOOTH SPONSORS Accurate Leak Locators AMS Paving Asphalt MDs BEHR Paints CBCI Construction CTI of the Desert Diversified Asphalt Products EmpireWorks Epsten Grinnell & Howell, APC Horizon Lighting Kasdan LippSmith Weber Turner, LLP McKenzie Rhody, LLP NPG Nelson Paving Painting Unlimited, Inc. Popular Association Bank Prendiville Insurance Agency PrimeCo REVCO Solar United Paving

SPOTLIGHT TABLE SPONSOR EmpireWorks

TABLE PEN SPONSOR Accurate Leak Locators

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FEATURE

Interpersonal Skills & Emotional Intelligence

NEGOTIATE. You thought I didn’t see it, did you? Managers think they hate negotiating, and for sure they hate it when it comes to their salaries, but I’m not talking about that kind of negotiating. I’m talking about the negotiating you have to do to get problems solved; By Julie Adamen i.e. “Discussion aimed at reaching an agreement” something every successful manager does every day. Need to ood communication skills are get your board from point A to Point paramount as a community B? Typically, the straight line doesn’t manager; how we listen, read, write and work, because they’re a disparate speak, and how we communicate nongroup of people thrown together and verbally through our body language has know far less about their job than a major impact on our effectiveness in you do. Getting them to where they carrying out the job – from the mission need to be requires pushing, pulling, of your management company to the wheedling, politicking and cajoling agenda of your board(s). until eventually, they get at least close But how good are your interperto where they need to be. I'm being sonal communication skills? And what’s the difference? somewhat metaphorical, but make no doubt, unless you told Interpersonal skills are often referred to as “soft skills.” them what to do and they did it right away, you negotiated These are the skills that allow you to navigate the people that with them as a group, and individually, to help get them to populate your world in such a way that you become tuned to their destination. their motivations and needs, giving insight on how best to DON’T BE EEYORE, BE POSITIVE. work with and around them while making them comfortable When I’m out doing a speaking gig, the around you. As one blessed with those skills (after many years one thing people always come up to me of conscious effort), I’d like to share with you how you, too and say is – We LOVE your energy and can make it work. enthusiasm! Don’t get me wrong, I have OBSERVE. How many of us love to go the mall – or Walmart my down days, but for the most part, if – and just watch the people? What do you notice about them? you called me in my office at any time, Body language, clothing, emotion(s) on display, tone of voice I’m pretty engaged and enthusiastic and pitch, what they are carrying, how they treat their children about things in general. Wait – is that (and how the children are acting) and who they are with. We a soft skill? It is if you use it as one. do this for sheer entertainment – but if you take those same Maintain an upbeat, positive attitude, powers of observation and train them on your board members you’ll find that people are far more and homeowners, you could become far more effective in how likely to open up to you and follow your lead. you communicate with them. So many times we just look and Interpersonal skills are all a part of the bigger picture of see a problem to be solved instead of the person bringing the having Emotional Intelligence (EI): The ability to maintain problem to us that we miss how we might – or might not have acute self-awareness, understanding your own emotions and to – take action to satisfy them. keeping them in check while being able to recognize the LISTEN. What is someone saying to me, and how are feelings of others simultaneously. People with high EI are they saying it? Are they sad, frustrated, angry, or have they typically excellent at managing relationships. And although given up? Not trying to get all woo-woo here, but hearing the we manage a lot of “things” we really manage a lot of people, inflections and tonal quality of people when they speak is and our relationships with them. very important when determining the true issue driving the Managers with high EI quotient tend to be quite successful person. And get this, all you Type A’s – you can’t listen while at navigating the political waters of community management, you are thinking about the next thing you are going to say, and can often be found at the highest levels of on site managewhat you are having for dinner or wondering if it’s 5 o’clock ment. Can you improve your EI? Indeed you can. Stay tuned. somewhere. I’ve written a lot about listening lately, but it’s a Julie Adamen is President of Adamen, Inc., a very, very important soft skill and one I have to practice with management and employment consulting firm. intention daily. Always think: I can hear the words but am I Julie can be reached at Info@Adamen-Inc.com or by listening to the message? phone at 877.368.1509

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TRENDING NOW

Live Stream Video By Antoinette Hamilton

n 2016 it is estimated that 2 billion consumers worldwide will own a smartphone. Communication has been made more visual with the popularity of live-streaming apps Meerkat and Periscope, and it is possible for people in any part of the world to have real-time face-to-face conversations both in our personal and professional lives. Upcoming events such as the 2016 Presidential Election will see a major use of these apps.

Periscope www.periscope.tv A picture may be worth a thousand words, but live video can anywhere take you anywhere and show you around. Available in 25 languages, Periscope allows users to save video streams and replay them. Periscope is currently in the top 10 of U.S. social apps.

Meerkat

As a full service law firm, our services include: • Board Education & Fiduciary Compliance • Governing Document Interpretation

You open the app and tap “stream,” and two things happen at once:

• ADR & IDR

1) A tweet goes out from your account with a link to your stream, with a description you put in the text field.

• Assessment Recovery

2) Whatever your phone is pointed towards gets broadcast live.

• Litigation – Enforcement & Defense

As people click on your link to watch, their avatars appear on the top of your screen. A counter will track the number of live viewers who can like or “restream” your video. Viewers can also leave comments in real-time on your stream, which also appear on your Twitter account. You have the option of saving your stream elsewhere otherwise when streams ends they are gone.

• CC&R Restatement & Amendments • Writs & Appeals • Construction Defect / Reconstruction • Contract Negotiation San Diego Area: 760.436.3441 Coachella Valley: 760.773.4463 Orange County: 949.390.2977 www.hoalaw.com

mail@hoalaw.com

Please contact us for a free consultation on how we can help your association! CAI-CV.org

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FEATURE

El Nino is Upon Us, Are You Prepared? By Carol A. Fulton, Community Insurance Risk Management Specialist (CIRMS)

ost associations' governing documents do not state that the association has to obtain flood insurance, unless they are located in an emergency flood area. It is important to know that flood damage is not covered by regular homeowners insurance. Single family homeowners and condominium homeowners may purchase their own flood insurance from their personal insurance agent. Keep in mind flood insurance covers rising water, mudslides and tidal waves. Homeowner flood insurance will only cover damages to buildings and contents, and it does not cover common areas or items such as fences, pools, tennis courts, etc. Associations that have a “Difference in Conditions” policy for earthquake insurance may have some flood coverage included. The flood deductible, however, is generally $50,000. Also, if flood is excluded on their existing policy, they may be able to have the carrier include it for an extra cost in premium. The association may obtain flood coverage from the National Flood Insurance Program or from a carrier offering flood insurance, such as Hartford Insurance Co. The policy will cover the association’s buildings, such as clubhouse, gatehouse, and residential condo units. Be aware that there can be a waiting period of 30 days on the flood policy. That means the policy is not effective until 30 days after it is purchased. Some carriers have a 10 day waiting

period. Also, on condo flood policies, carriers may not cover the full total insurable value of all the condos. They may just offer a limited amount of coverage.

Here are some tips that may help in preparing for El Nino: • Clear gutters, drains and downspouts to ensure proper flow • Check to ensure there are no low areas next to your home where water might collect • Make sure your association’s storm drains and retention basins have been checked for proper collection and drainage • Stay informed and monitor the weather conditions If you wish to check your flood risk, you may enter your address at www.floodsmart. gov. According to the National Flood Insurance Program (NFIP), more than 25% of all flood claims each year come from homes outside areas at high risk for flooding. Carol Fulton holds CAI’s CIRMS designation and is an insurance agent with LaBarre/Oksnee Insurance Agency. Carol can be reached at (760) 346-7251 or by email at carolf@hoa-insurance.com.

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FEATURE

The Drought, El Niño and Beyond – A New Era of Water Conservation By Ashley Hudgens, Public Information Officer, Desert Water Agency.

hile the Coachella Valley has a sustainable local groundwater supply that has been effectively managed for decades, the state as a whole is facing extreme drought conditions. This is being branded as the drought of a lifetime. Parts of California, notably the Central Valley, are seeing severe impacts to livelihood and lifestyle, families and farms. This drought is taking its toll. Even with a wet January, the state is trying to recuperate from four of the driest and hottest years on record. Simply put, El Niño may not be our savior. While we’ve experienced a good deal of precipitation lately here in the Coachella Valley and even in the Sierras, the long-term impacts of El Niño have yet to be determined. Despite rain and snow, winter months have seen significant misses on conservation targets here in the Valley and across the state. This was expected by the State Water Resources Control Board (State Water Board) and agencies alike. During winter a higher percentage of water use occurs indoors, making conservation even more challenging. During the past six months, the Coachella Valley has made unprecedented gains in saving water. We’ve seen a transformation from ubiquitous green grass to stunning desert-friendly landscapes as the new norm. We have also seen many residents, associations and businesses ‘go gold’ to do their part during the drought. Desert Water Agency is extremely proud of the sacrifices that we’ve seen from customers of all shapes and sizes. There truly was a strong response to our call to action to reduce water use by 36 percent. The state required the highest level of savings from the valley’s two largest water agencies – Coachella Valley Water District and Desert Water Agency. The bar was set high due to historically high use in our service areas. This mandate from the state was seen by agencies across the state and many local families and

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businesses as unreasonable or unfair. There are a variety of reasons that the water use in our area has historically been high: climate, seasonal population and tourism among them. Local agencies implored the State Water Board to provide an adjustment based on these factors, and this was initially ignored. Upon determination that the emergency regulation would be extended through October of 2016, the State Water Board reconsidered its framework to account for local nuances. In December, agencies from across the state were able to testify to the State Water Board about the factors that needed to be addressed in the extended regulation. Early this month new standards came out. To find out how your association’s conservation mandate changed, visit www.CVWaterCounts.com. This website also has valuable conservation tools and rebate information for the valley’s five public water agencies. Make sure that you’re always doing your part to use water efficiently, regardless of drought conditions. We live in a desert. About 70 percent of water is used outdoors; keep that in mind when you’re looking to save. Desert Water Agency is encouraging everyone in the valley to think about conservation with a new #H2OResolution contest through mid-February. Visit www.dwa.org to learn more about how you can share your commitment to conserve in 2016 and be entered for a chance to win a $200 Lowe’s gift card. And remember, don’t dismiss the drought. Ashley Hudgens is the Public Information Officer and runs conservation programs for Desert Water Agency. She joined the Agency in 2015 after working for a consulting firm that served the valley’s five public water agencies and others throughout the state.

WELCOME ABOARD By Lisa Lynn, CCAM

In 2011, Desert BBQ Cleaning owner Steve Koffler needed his grill cleaned and didn’t want to do it himself. There was no company in the desert that cleaned BBQ grills. As a result of Steve’s entrepreneurial spirit, Desert BBQ Cleaning was born. Their intensive barbecue cleaning system safely removes all traces of grease, fat and carbon deposits, inside and out, even in areas you can't see. The cleaning process includes removing all grill components and deep cleaning them in specially-equipped trailer dip tanks that are filled with a unique heated liquid cleaning system called Ovenu®. This system uses only the finest eco-friendly, non-toxic, biodegradable and odorless cleansers. The grill components are immersed for at least an hour in their trailers’ dip tanks. After soaking, the components are scrubbed to remove the remaining bits of baked-on dirt and residue. During the soaking time, the tech completely degreases and vacuums all the debris from the interior of the BBQ. The components are then replaced and inspected. Finally, the exterior is buffed with a specially formulated polish, which completes the detailing of the grill. Typically the process is completed within a few hours, including set-up, teardown, and site cleanup. In addition to cleaning, they also offer complete repair and replacement of parts for any type of BBQ grill. Desert BBQ Cleaning, which has been in business for over four years, employs five people, and joined CAI for the business opportunities. They can be contacted at 760-902-0507 or steve@desertbbqcleaning.com.

760-250-6232

1peggylaw@gmail.com

• • • • •

Landscape Maintenance Tree Care Enhancement & Construction Water Conservation 24 Hr Emergency Service

760.343.1433 72265 Manufacturing Road • Thousand Palms, CA 92276 www.conservelandcare.com License No. 958748

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WATER WISE

It's Time for Everyone to Step Up and Conserve By Jim Barrett Coachella Valley Water District IT’S DISAPPOINTING. In December, the most recently available monthly figure as of this writing, Coachella Valley Water District customers reduced water use by 3.6% when compared to the same month in 2013. That’s the lowest monthly amount of conservation since Gov. Jerry Brown issued an executive order mandating statewide water conservation. Customers reduced water use 25% from November to December. However, it wasn’t enough to make a difference over previous December usage, which is historically the lowest water use month of the year. Why the poor performance? The possibilities range from a lack of commitment by customers to a misunderstanding about appropriate water use during cool weather or perhaps complacency due to rain.

What we know is that everyone needs to do their part to help during this ongoing historic drought. Ignoring the statewide call to action is not acceptable. The state is requiring CVWD customers to reduce overall residential water use by 36% each month when compared to the same month in 2013 or face penalties of up to $10,000 per day. In October, CVWD was one of four agencies to be fined $61,000, the cost of which will ultimately be paid by domestic customers. CVWD customers had been doing well with a rolling conservation average of 26.5% from June through November (the time period being judged against the state’s conservation mandate). CVWD customers performed better than the statewide average for October and November, conserving 28% and 22% respectively. Since June, customers have saved 5.8 billion gallons of water. Unfortunately, it’s still not enough. To achieve 36% reduction overall, CVWD has asked customers to limit water use to 36% below their monthly outdoor water budget. Approximately 75% of customers are meeting this temporary drought budget each month, but everyone must meet it to be successful. To encourage conservation, CVWD has focused efforts in three key areas: rebate and incentive programs; public outreach and education; and drought penalties and fines.

REBATE AND INCENTIVE PROGRAMS CVWD’s Board has approved $6.7 million in funding for conservation rebate programs this fiscal year, far surpassing previous budgets. Through these programs, customers have (since July 2015): • Replaced more than 2 million square feet of grass with desert landscaping, reaching almost 10 million square feet since the program started. • Installed nearly 400 smart controllers, 320 low-flow toilets and 18,000 efficient irrigation nozzles. • Trained an additional 22 personnel to perform water waste patrols while performing other responsibilities in the community. • Performed 563 investigations of reported water waste. 28

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What we know is that everyone needs to do their part to help during this ongoing historic drought. Ignoring the statewide call to action is not acceptable.

Water-use restrictions are now in effect Drought penalties in effect with July water bills

Tier

Customers are being asked to limit Tier 2 water use to 36% below their water budget

Mandatory restrictions include: Repair broken sprinklers within 24 hours, fix leaks as soon as possible

PUBLIC OUTREACH AND EDUCATION To help ensure customers understand the state’s conservation mandate, the water-use restrictions, drought penalties and tips for reducing water use, CVWD has utilized a number of public outreach tools including: • Mailed brochures and letters, door hangers, newsletters, bill inserts, public presentations, tours and attendance at community events

Hose must be equipped with a shutoff nozzle to wash vehicles and windows

Do not wash down driveways, patios or sidewalks Do not irrigate outdoors during or within 48 hours of measurable rainfall Increased water budget for over-seeding is eliminated

CVWD will continue to prioritize working with customers to quickly resolve violations. After a written warning, customers will be liable for fines on their bill starting at $50. For a complete list of restrictions and recommendations, visit www.cvwd.org/CVsaving36

• Print, radio and TV advertising, the website and Facebook • Support and collaboration through community partnerships with Cities, Chambers of Commerce, HOA management companies, other public water agencies and other community and civic organizations.

Have questions? We are here for you, give us a call at (760) 398-2651.Visit www.cvwd.org

Stay connected with us!

• Since July 1, staff has visited more than 2,000 homes, businesses and HOAs for special, one-on-one assistance.

DROUGHT PENALTIES AND FINES CVWD customers who fail to limit outdoor water use to 36% below their monthly budget are subject to drought penalties. These penalties originally went into effect with July 2015 bills and were increased with bills starting Jan. 1. State and local mandatory water-use restrictions are in effect, including prohibiting outdoor irrigation on Mondays and Thursdays through March 31. To date, CVWD has issued 15 fines starting at $50 and up to $200 for violation of water-use restrictions. CVWD is doing all it can to achieve the conservation mandate during this historic drought. At the end of the day, it’s up to the customers to be successful. For more information about CVWD’s conservation programs and drought penalties, to report water waste or learn how to reduce water use, visit www.cvwd.org/CVsaving36. Jim Barrett is the General Manager of the Coachella Valley Water District. He can be reached at jim@cvwd.org or (760) 398-2651.

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WHAT EVERY BOARD MEMBER NEEDS TO KNOW

Tips for Board Members to Prevent Fraud and Embezzlement Community association boards should consider implementing the following practices and procedures to safeguard association funds.

Know the association's federal tax identification number (FTI) and keep separate accounts. Use it to obtain periodic listings of all bank accounts and account numbers, and make sure they are all under the association's name and FTI number. Needed to verify the existence of accounts and open new accounts, the FTI number should not be disseminated to the general membership, but each board member should know it. If, for example, only the treasurer of a self-managed association knows the bank names and account numbers, and something happens to the treasurer, it becomes nearly impossible for other board members to know where the association's money is located. When using professional management, co-mingled funds make it very difficult to ascertain which funds belong to whom. Even self-managed associations need to ensure funds are not co-mingled. All too often, a volunteer treasurer will provide his or her social security number instead of the association's FTI number, which makes it easier for the treasurer to transfer money to personal accounts.

Use a lock box system for deposits and require dual signatures for all withdrawals. While it may seem obvious, never sign blank checks. If your association is professionally managed, require dual signatures on all checks or a monthly report showing check numbers, payees and amounts. As proof, require the bank to return canceled checks or provide electronic images of the canceled checks along with the monthly statements. A lock box system allows owners' payments to be mailed or transferred directly to the association's bank accounts. This reduces the chance that the association's money will be deposited into the wrong account.

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Segregate and safeguard your association's reserves. As the association builds its reserve funds, make sure you are segregating and safeguarding them. Similar to checking accounts, the reserve account(s) should be under the control (ability to make withdrawals and transfers) of at least two people. If your association uses professional management or another person, such as an office manager or bookkeeper, to handle the finances, any transfers or withdrawals should also require the name and signature of a board member. Do not give one board member or bookkeeper total control over reserve accounts. It is also important to lock long-term savings into non-liquid accounts such as certificates of deposit.

Require that duplicate monthly statements of operating and reserve accounts be sent every month. One statement should be sent to the management company (or, if self-managed, to the treasurer or bookkeeper) and the duplicate to a board member, who does not have authority to sign the checks or make any type of transfer or withdrawal. Alternatively, many banks offer statements by e-mail, which could be sent to more, if not all, of the board members. Another option would be to give the board members read-only access to view the account(s) online. While this recommendation requires boards to update the information—and, if necessary, change passwords— whenever a change on the board occurs, it is a small chore considering that this step alone could prevent someone from falsifying bank statements, or otherwise covering their tracks, to conceal withdrawals from association accounts.

WHAT EVERY BOARD MEMBER NEEDS TO KNOW

Check invoices against checks paid and the original receipts for credit card accounts, if any. If the association has professional management or a bookkeeper, the board treasurer should conduct this review. If self-managed, a board member without access to the bank accounts or credit card privileges should check for any unauthorized use.

members, but it may not be sufficient. Similarly, fidelity coverage for the management company is not included in the base policy and requires the purchase of a managing agent rider. Even with coverage through the association's insurance carrier, the board should require evidence that the management company carries its own fidelity coverage, which would provide the first line of recovery in the event of a theft by one of its employees.

Shop around for bank services. Several of these steps require the cooperation of the bank to be effective. Unfortunately, some banks do not enforce dual-signature requirements or prohibit electronic transfers among accounts, despite their being under different FTI numbers. It is not enough to choose a bank that pays the highest interest rate. If the bank wants your business, demand that it demonstrate the safeguards it has in place to minimize the threat of theft, especially through electronic transfers.

If your association is professionally managed, make sure that the management agreement includes specific terms to require these safeguards. The association should have its legal counsel review the original agreement and any renewal prior to execution, so the agreements are not riddled with lopsided terms that are detrimental to the association.

10.

Regularly engage an independent Certified Public Accountant to conduct an audit. While it may be too costly to conduct an audit every year, the board should commit to having one performed at least every few years. In the interim, the association should have an annual review performed, with the stipulation that the bank balances be independently verified.

Know the association's insurance company and consult with the agent. Every board member should keep copies of the association's insurance policies or, at a minimum, the declaration(s) page. At least once a year, the board should have the agent attend a board meeting to discuss the association's policies and whether additional or increased coverage is recommended.

Insure the association's money. Obtain fidelity coverage on the board members and the management company/bookkeeper, if any, in an amount that equals or exceeds the association's reserve and several months of operating funds. It is just as important as carrying adequate property and liability insurance and should be part of every association's common expenses. When you purchase directors and officers insurance, a part of that provides fidelity insurance bonding on the board

While no single suggestion is fail-proof, these safeguards used in combination should help to create a system of checks and balances to keep your association and homeowners from being victimized.

This is a modified excerpt from “Whodunit,” published in the July-August 2007 issue of Common Ground, the flagship magazine of Community Associations Institute. The article was written by Darcy Mehling Good, Esq., a partner with Kaman & Cusimano, LLC, which represents community associations throughout Ohio, with offices in Cleveland and Columbus.

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FEATURE

MEET THE CAI-CV CLAC LOCAL SUPPORT COMMITTEE CHAIR CLINT ATHERTON By Erin H. Fujioka Clint Atherton, PCAM, CMCA, AMS was a CAI member of the Orange County Chapter when he began his career in community management. While a member of the Orange County Chapter, he served on the Legislative and Programs Committees. In 2013, Clint was the keynote speaker at the CAI Legal Forum on two separate occasions, and was recognized as the Large Scale Manager of the Year in 2012. Prior to his departure from the Orange County Chapter, he was elected to the Board of Directors in 2014. Clint and his wife of 17 years moved to the Coachella Valley in 2014 when Clint was offered the general manager position with Outdoor Resorts, Palm Springs. Clint and his wife were excited for the opportunity to join the close knit community of Coachella Valley, make new friends, and indulge in both old and new hobbies. Since their move, Clint traded his surf board for a tennis racquet; currently playing tennis five nights a week at the Indian Wells Tennis Gardens on a USTA team. During his down time when he’s not playing tennis, he enjoys spending time with his wife and their two dogs hiking and enjoying the outdoors. They have two boys. The eldest lives in Orange County with his wife and daughter and the youngest in San Diego working as a boat captain. Clint and his wife spend as much time as possible with their granddaughter. Prior to his career in community management, Clint was a middle school teacher for five years, until his father in-law provided him with an irresistible opportunity as a real estate development project manager. Clint attributes the start of his management career to his service as a board of director developer's representative for this project. He is excited to work with the CAI-CV Chapter and its committee members; in 2016 he will also hold the position of CLAC Chair. 32

Quorum February, 2016

The following information is reprinted from CAI’s brochure From Good to Great, Principles for Community Association Success. Contact the CAI-CV office for copies of the brochure.

From

Good Great to

Principles for Community Association Success HOMEOWNERS HAVE THE RIGHT TO:

Rights and Responsibilities for Better Communities

Community Association Governance Guidelines

Model Code of Ethics for Community Association Board Members

Community Association Fundamentals

FEATURE

Rights and Responsibilities HOMEOWNER RIGHTS Perhaps the greatest achievement for any association is creating and sustaining a sense of community among residents and leaders. This goal is best achieved when homeowners, non-owner residents and association leaders recognize and embrace their rights and responsibilities. It was with this goal in mind that CAI developed Rights and Responsibilities for Better Communities. These principles can serve as an important guidepost for board and committee members, community managers, homeowners and non-owner residents

EVERY COMMUNITY has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of informed consensus. The ideas and guidance conveyed in this brochure speak to these core values and can, with commitment, inspire effective, enlightened leadership and responsible, engaged citizenship.

Rights and Responsibilities for Better Communities Principles for Homeowners and Community Leaders Homeowners have the right to: 1. A responsive and competent community association. 2. Honest, fair and respectful treatment by community leaders and managers. 3. Participate in governing the community association by attending meetings, serving on committees and standing for election. 4. Access appropriate association books and records. 5. Prudent expenditure of fees and other assessments. 6. Live in a community where the property is maintained according to established standards. 7. Fair treatment regarding ﬁnancial and other association obligations, including the opportunity to discuss payment plans and options with the association before foreclosure is initiated. 8. Receive all documents that address rules and regulations governing the community association—if not prior to purchase and settlement by a real estate agent or attorney, then upon joining the community. 9. Appeal to appropriate community leaders those decisions affecting nonroutine ﬁnancial responsibilities or property rights.

Homeowners have the responsibility to: 1. Read and comply with the governing documents of the community. 2. Maintain their property according to established standards. 3. Treat association leaders honestly and with respect. 4. Vote in community elections and on other issues. 5. Pay association assessments and charges on time. 6. Contact association leaders or managers, if necessary, to discuss ﬁnancial obligations and alternative payment arrangements. 7. Request reconsideration of material decisions that personally affect them. 8. Provide current contact information to association leaders or managers to help ensure they receive information from the community. 9. Ensure that those who reside on their property (e.g., tenants, relatives and friends) adhere to all rules and regulations. CAI-CV.org

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Board Member Rights and Responsibilities Community leaders have the right to: 1. Expect owners and non-owner residents to meet their ﬁxnancial obligations to the community. 2. Expect residents to know and comply with the rules and regulations of the community and to stay informed by reading materials provided by the association. 3. Respectful and honest treatment from residents. 4. Conduct meetings in a positive and constructive atmosphere. 5. Receive support and constructive input from owners and non-owner residents. 6. Personal privacy at home and during leisure time in the community. 7. Take advantage of educational opportunities (e.g., publications, training workshops) that are directly related to their responsibilities and as approved by the association.

Community leaders have the responsibility to: 1. Fulﬁll their ﬁduciary duties to the community and exercise discretion in a manner they reasonably believe to be in the best interests of the community. 2. Exercise sound business judgment and follow established management practices. 3. Balance the needs and obligations of the community as a whole with those of individual homeowners and residents. 4. Understand the association’s governing documents, become educated with respect to applicable state and local laws and manage the community association accordingly. 5. Establish committees or use other methods to obtain input from owners and non-owner residents.

Quorum February, 2016

6. Conduct open, fair and well-publicized elections. 7. Welcome and educate new members of the community—owners and non-owner residents alike. 8. Encourage input from residents on issues affecting them personally and the community as a whole. 9. Encourage events that foster neighborliness and a sense of community. 10. Conduct business in a transparent manner when feasible and appropriate. 11. Allow homeowners access to appropriate community records when requested. 12. Collect all monies due from owners and non-owner residents. 13. Devise appropriate and reasonable arrangements, when needed and as feasible, to facilitate the ability of individual homeowners to meet their financial obligations to the community. 14. Provide a process residents can use to appeal decisions affecting their non-routine financial responsibilities or property rights—where permitted by law and the association’s governing documents. 15. Initiate foreclosure proceedings only as a measure of last resort. 16. Make covenants, conditions and restrictions as understandable as possible, adding clarifying “lay” language or supplementary materials when drafting or revising the documents. 17. Provide complete and timely disclosure of personal and financial conflicts of interest related to the actions of community leaders, e.g., officers, the board and committees. (Community associations may want to develop a code of ethics.)

Governance Guidelines CAI developed the Community Association Governance Guidelines to help community association boards govern fairly, responsibly and successfully. Embracing these 12 basic principles can help any association board increase harmony, reduce conﬂict and build a stronger, more successful community.

Community Association Governance Guidelines 1. Annual meetings. Conduct at least one membership meeting annually, providing at least two weeks notice to homeowners and more than two weeks if specified in the governing documents or dictated by state statute. 2. Assessments. Collect assessments and other fees from homeowners in a timely and equitable manner and in accordance with state statutes and board-approved procedures. 3. Communication. Provide at least one form of regular communication with residents, and use it to report substantive actions taken by the board. 4. Conflicts of interest. Disclose all personal and financial conflicts of interest before assuming a board position and, once on the board, before participating in any board decisions. 5. Elections. Hold fair and open elections in strict conformance with governing documents, giving all candidates an equal opportunity to express their views and permitting each candidate to have a representative observe the vote-counting process. 6. Financial transparency. Share critical information and rationale with residents about budgets, reserve funding, special assessments and other issues that could impact their financial obligations to the association. Give members an opportunity—before final decisions are made—to ask questions of a representative who is fully familiar with these financial issues. 7. Foreclosure. Initiate lien and foreclosure proceedings only as a last step in a well-defined debt-collection procedure—and only after other, less-disruptive measures have failed to resolve a serious delinquency issue in a specified period of time. 8. Governance and the law. Govern and manage the community in accordance with all applicable laws and regulations. Conduct reviews of governing documents to ensure legal compliance and to determine whether amendments are necessary. 9. Grievances and appeals. Allow residents to bring grievances before the board or a board-appointed committee and follow well-publicized procedures that give residents the opportunity to correct violations before imposing fines or other sanctions. 10. Records. Allow homeowners reasonable access to appropriate community records, including annual budgets and board meeting minutes. 11. Reserve funding. Account for anticipated long-term expenditures as part of the annual budget-development process, commissioning a reserve study when professional expertise is warranted. 12. Rules. Uniformly enforce all rules, including architectural guidelines, but only after seeking compliance on a voluntary basis. Distribute proposals for new rules and guidelines to all homeowners and non-owner residents. Advise them when the board will consider new rules and encourage input. Once adopted, new rules and effective dates should be distributed to every owner and resident. Note: Laws governing common-interest communities vary considerably from state to state. Association boards should consult with attorneys to ensure their association is governed in accordance with all federal, state and local laws and regulations.

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CAI developed the Model Code of Ethics for Community Association Board Members to encourage the thoughtful consideration of ethical standards for community leaders. The model code is not meant to address every potential ethical dilemma but is offered as a basic framework that can be modiﬁed and adopted by any common-interest community.

Model Code of Ethics for Community Association Board Members Board members should:

Board members should not:

1. Strive at all times to serve the best interests of the association as a whole regardless of their personal interests.

1. Reveal conﬁdential information provided by contractors or share information with those bidding for association contracts unless speciﬁcally authorized by the board.

2. Use sound judgment to make the best possible business decisions for the association, taking into consideration all available information, circumstances and resources.

2. Make unauthorized promises to a contractor or bidder.

3. Act within the boundaries of their authority as deﬁ ned by law and the governing documents of the association.

4. Use their positions or decision-making authority for personal gain or to seek advantage over another owner or non-owner resident.

4. Provide opportunities for residents to comment on decisions facing the association.

5. Spend unauthorized association funds for their own personal use or beneﬁt.

5. Perform their duties without bias for or against any individual or group of owners or non-owner residents.

6. Accept any gifts—directly or indirectly—from owners, residents, contractors or suppliers.

6. Disclose personal or professional relationships with any company or individual who has or is seeking to have a business relationship with the association.

7. Misrepresent known facts in any issue involving association business.

7. Conduct open, fair and well-publicized elections. 8. Always speak with one voice, supporting all duly adopted board decisions—even if the board member was in the minority regarding actions that may not have obtained unanimous consent.

3. Advocate or support any action or activity that violates a law or regulatory requirement.

8. Divulge personal information about any association owner, resident or employee that was obtained in the performance of board duties. 9. Make personal attacks on colleagues, staff or residents. 10. Harass, threaten or attempt through any means to control or instill fear in any board member, owner, resident, employee or contractor. 11. Reveal to any owner, resident or other third party the discussions, decisions and comments made at any meeting of the board properly closed or held in executive session.

Quorum February, 2016

ABOUT CAI

Community Association Fundamentals 1. Associations ensure that the collective rights and interests of homeowners are respected and preserved. 2. Associations are the most local form of representative democracy, with leaders elected by their neighbors to govern in the best interests of all residents. 3. Associations provide services and amenities to residents, protect property values and meet the established expectations of homeowners. 4. Associations succeed when they cultivate a true sense of community, active homeowner involvement and a culture of building consensus. 5. Association homeowners have the right to elect their community leaders and to use the democratic process to determine the policies that will protect their investments. 6. Association homeowners choose where to live and accept a contractual and ethical responsibility to abide by established policies and meet their fi nancial obligations to the association. 7. Association leaders protect the community’s financial health by using established management practices and sound business principles. 8. Association leaders have a legal and ethical obligation to adhere to the association’s governing documents and abide by all applicable laws. 9. Association leaders seek an effective balance between the preferences of individual residents and the collective rights of homeowners. 10. Association leaders and residents should be reasonable, fl exible and open to the possibility—and benefits—of compromise, especially when faced with divergent views.

ABOUT CAI With more than 32,000 members dedicated to building better communities, CAI works in partnership with 60 domestic chapters, a chapter in South Africa and housing leaders in a number of other countries. In addition to providing information, education and resources to those involved in community association governance and management, CAI also advocates on behalf of common-interest communities before legislatures, regulatory bodies and the courts. We believe homeowner and condominium associations should strive to exceed the expectations of their residents. Our mission is to inspire professionalism, effective leadership and responsible citizenship—ideals reﬂected in communities that are preferred places to call home. Learn more at www.caionline.org/aboutcai, or start getting member beneﬁts immediately by joining at www.caionline.org/join. CAI-CV.org

WHAT ARE THE BENEFITS OF MEMBERSHIP FOR COMMUNITY BOARD MEMBERS? CAI members have access to information in this rapidly changing industry with practical knowledge and insights from leaders in the field, best practices, research and tools you can use every day. CAI provides information, resources and educational programs to help board members keep current on the latest news, laws and issues affecting community associations, condominiums and cooperatives, and the homeowners who call them home. As a CAI member, board members also get a membership to a local chapter and gain a network of industry colleagues—over 33,500 of them in 60 chapters worldwide. Board members receive member pricing for all CAI publications and CAI-CV events, a subscription to Common Ground Magazine and the Chapter’s award winning magazine, Quorum. Board members also receive subscriptions to Fast Tracks, Minutes and Community Association Law Reporter E-Newsletters and access to hundreds of copyright-free newsletter articles that can be used in their own community newsletters. Board members also receive access to CAI’s and CAI-CV’s directories of professional services. And, they receive access to the Member Discussion Board and Online Research Library. The cost of membership for volunteer board members is $130 for an individual; $225 for a board of two and the price goes down per person with more board members included. Membership applications can be found at CAIONLINE.ORG or by calling the CAI-CV office at 760-341-0559. If you refer a new member, make sure to fill out the “referred by” field on the application to be entered into CAI-CV’s monthly membership drive drawing.

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Quorum February, 2016

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CONTENTS

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INSURANCE TIMOTHY CLINE INSURANCE AGENCY, INC..................... 38

LANDSCAPING

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CAI Annual Conference & Exposition May 4-7, 2016 | Orlando, FL

PEST CONTROL POWERFUL PEST MANAGEMENT.................................... 27

POOL DECK RESURFACING CTI OF THE DESERT......................................................... 34

POOL MAINTENANCE PURIFIED POOL WATER..................................................... 3

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RESERVE STUDY ASSOCIATION RESERVES.................................................. 2

SECURITY ALLIED BARTON................................................................ 6 AMS SECURITY................................................................ 14 SECURITAS...................................................................... 16

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CAI Annual Conference & Exposition

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41-905 Boardwalk, A-2 Palm Desert, CA 92211

CAI-CV UPCOMING EVENTS

GREEN IS FOR LOCAL EVENTS

FEBRUARY

MARCH

Manager On The Run (MOTR) (for managers)

Corks for CLAC Wine Tasting

WHEN: Friday, February 5, 2016 WHERE: Palm Valley Country Club, Palm Desert

(for all members)

Lunch Program & Mini Trade Show (for all members)

WHEN: Friday, February 12, 2016, 11:15 a.m. WHERE: Palm Valley Country Club, Palm Desert

Board Member Workshop (BMW) (for community board members)

TOPIC: WHEN: WHERE:

WHEN: Thursday, February 18, 2016, 5:30 p.m. WHERE: Shadow Mountain Resort & Club, Palm Desert

CAI’s M100 Course on The Essentials of Community Association Management (for board members & managers)

WHEN: Thursday-Saturday, February 25-27, 2016 WHERE: Santa Ana

Association Rules & Conflict Resolution Thursday, February 18, 2016, 3:00 p.m. Shadow Mountain Resort & Club, Palm Desert

CAI’s CASE Study for PCAM (for managers) WHEN: Thursday-Friday, March 3-4, 2016 WHERE: Los Angeles

Educational Program & Mini Trade Show (for all members)

WHEN: Friday, March 11, 2016, 11:15 a.m. WHERE: Palm Valley Country Club, Palm Desert

APRIL Manager on the Run (MOTR) (for managers)

WHEN: Friday, April 1, 2016 WHERE: Flood Response, Thousand Palms

Save the Date! Thursday, February 18, 2016 E CH

CO A

Y LE

VERSA

ETTER COMM

A D

2016

1981

VA L

TE ITU ST

COM M U

CIATIO ASSO NS TY IN NI L LA

CAI-CV ANNUAL WINE TASTING

Corks for CLAC CAI’s California Legislative Action Committee Shadow Mountain Resort & Club 45750 San Luis Rey, Palm Desert Poolside | 5:30 p.m. | $45

FOR REGISTRATION & SPONSORSHIPS VISIT

CAI-CV.ORG OR CALL 760-341-0559