Quorum February 2017 by CAI-Coachella Valley Chapter

FEBRUARY 2017

Coachella Valley Community Associations Institute Magazine

Ironwood Country Club INSIDE THIS EDITION 16 A Buck-A-Door or More 19 Active Shooter - How to Respond 22 Short Term Rental Comparison Chart

CAI-CV will energize our members to seek CAI education to elevate themselves & the CID industry.

28 35th Anniversary Awards Night

CAI-CV & KESQ PARTNERSHIP | ADVERTISE WITH KESQ 760-340-7115 â&#x20AC;&#x201C; RON.DIGRANDI@KESQ.COM

energize educate elevate

GREAT NEWS FOR PROPERTY MANAGERS... Easier scheduling...

Better reporting...

7/24 online portal...

...No headaches

...BAD NEWS FOR BUGS. LLOYD PEST CONTROL COORDINATES SCHEDULING WITH YOUR APPROVED TENANTS AND RESIDENTS.

INTERIOR/EXTERIOR SOLUTIONS • Rodent eradication and exclusion. • Next Generation™ roach baiting. • Customized solutions for ants, spiders, fleas & other invaders.

BED BUG ELIMINATION • Dedicated eradication team providing heat and chemical options. • Canine inspections, legal documentation & Bed Bug Clearance Certificates.

GOPHERS, PIGEONS AND NUISANCE PREDATORS • Coordination of wildlife trapping, dispersal & removal.

TERMITE ERADICATION • Tailored solutions for your property’s unique circumstances. • Guaranteed localized treatments, fumigations & heat applications.

100% MONEY BACK GUARANTEE Use us for 90 days - and if you don’t love our service, we’ll refund every penny you’ve paid us.

MEMBER

1-760-744-3030 2

Quorum February, 2017

BADNEWSFORBUGS.COM

•Landscape Management •Arbor Service

Comprehensive HOA Insurance Protection for Coachella Valley Since 1988

•Landscape Design •Landscape & Hardscape Installation •Water Conservation Specialist •Growers of Exotic Palms & Desert Accents

We value and respect your landscaping investment and are dedicated to you and your satisfaction.

Matthew Lawton, CIC, CIRMS Certified Insurance Counselor Community Insurance and Risk Management Specialist

Phone: 760- 343-0162 • Fax: 760-343-4804

760-770-5868 Office 760-774-2099 Cell 877-532-7238 Fax Matt@PrendivilleAgency.com License: 0E13055

P.O. BOX 265 Thousand Palms CA 92276 Email: office@proland-inc.com

www.prolandscapingca.com

AAU UTTO OM MAATTIIO ON N PPRRIID DEE Custom Gates ® Access Control Traffic Spikes ® Barrier Arms ® Phone Units ® Garage Doors ®

Operators ®Troubleshooting

Desert Office: 41-905 Boardwalk, Suite P, Palm Desert, CA 92211 Phone: 760-423-6567 Fax: 760-423-6581 www.automationpride.com

Jennifer James Attorney HOA Legal Services since 2003 75100 Mediterranean Palm Desert, CA 92211 Jennifer@JenniferJamesLaw.com www.JenniferJamesLaw.com (760) 834-8913

CA LIC. #907600 AZ LIC. #286198

www.brsroofing.com

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

BOARD OF DIRECTORS COACHELLA VALLEY CHAPTER 2017

pick the right tools for your next project.

PHYLLIS HARKINS, CMCA, CCAM, AMS PRESIDENT The Management Trust – Palm Desert GEN WANGLER, ESQ., CCAL PRESIDENT ELECT Fiore Racobs & Powers A PLC

With community association lending expertise like ours, you’ll get the job done right.

GERARD GONZALES PAST PRESIDENT Albert Management, Inc.

take that to the bank.

JOLEN ZEROSKI, CMCA TREASURER Union Bank

Brendan Concannon Regional Account Executive 619-961-6346 Toll Free 866-800-4656, ext. 7480 brendan.concannon@mutualofomahabank.com

mutualofomahabank.com AFN46055_0913

JOHN WALTERS-CLARK SECRETARY Associa Desert Resort Management CARDINAL AMBROSE, CCAM, CMCA, AMS DIRECTOR Albert Management, Inc.

Member FDIC Equal Housing Lender

EQUAL HOUSING

LENDER

TAD BLACK DIRECTOR Associa OnCall RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management MATT LAWTON, CIRMS DIRECTOR Prendiville Insurance Agency LOUISE STETTLER DIRECTOR Palm Valley Country Club HOA MIKE TRAIDMAN DIRECTOR Mira Vista HOA

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

ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION admin@cai-cv.org 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.

Quorum February, 2017

COPING

PROFILE

WITH AN ACTIVE SHOOTER SITUATION

OF AN ACTIVE SHOOTER

CONTENTS

An active shooter is an individual actively engaged in kil attempting to kill people in a conﬁ populated area, typically through of ﬁrearms.

• Be aware of your environment and any possible dangers • Take note of the two nearest exits in any facility you visit • If you are in an ofﬁce, stay there and secure the door

CHARACTERISTICS

• Attempt to take the active shooter down as a last resort

OF AN ACTIVE SHOOTER SITUATI

• Victims are selected at random

• The event is unpredictable and ev quickly

• Law enforcement is usually 10requi end an active shooter situation

Contact your building management or human resources department for more 18 Ironwood Country Club information and training on active By Susan Browne Rosenberg shooter response in your workplace.

FEATURES

Active Shooter - How to Respond By U.S. Departemt of Homeland Security

CHAPTER EVENTS

CALL 911 WHEN IT SO

January 20, 2017, Educational ISTrade SAFE TO DO Lunch & Mini Show Be Safe in an Unpredictable World!

35th Anniversary Awards Night

Community Associations Institute - Coachella Valley Chapter Announces Winnters of 2016 Awards

CHAPTER NEWS

CAI-CV Chapter New & Renewing Members

Time Honored

Matthew Lawton

By Phyllis Harkins

Meet the Board

Serving as President

By Phyllis Harkins

Meet the Committee Chair

Sue Anderson, CLAC Legislative Support Committee(LSC)

By Erin H. Fujioka, G4S Security Solutions, USA

Chapter Upcoming Events

26 CAI-CV.org

facebook.com/CAICV

36 twitter.com/CAI_CV

QUORUM COMMITTEE MEMBERS DEA FRANCK, ESQ. CHAIR Epsten Grinnell & Howell, APC RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc. PHYLLIS HARKINS, CMCA, AMS, CCAM-LS, CAMEX BOARD LIAISON The Management Trust - Palm Desert TARA ABAKUMOFF Roseman & Associates, APCl TIM ALBERT AlliedUniversal CARI BURLEIGH The Management Trust - Palm Desert KIMBERLY BURNETT U. S. Security Associates ALAN J. CARNEGIE, ESQ. Daniels, Fine, Israel, Schonbuch & Lebovits, LLP ERIN FUJIOKA G4S Secure Solutions, USA ANTOINETTE HAMILTON Suntrek Solar JENNIFER JAMES, ESQ. Law Office of Jennifer James ERIN KLINK Pacific Western Bank FRAN MULLAHY Vintage Associates, Inc. SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC. STEVEN SHUEY, PCAM Personalized Property Management Co. DAN STITES CBCI Construction, Inc. TIFFANY WRIGHT, CCAM The Management Trust, Palm Desert

A Full Service lAw Firm CREATIVE DIRECTOR & GRAPHIC DESIGNER

Providing Practical Approaches in:

RODNEY BISSELL Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749

CC&R Interpretation, Drafting and Enforcement Opinion Letters

SUBSCRIBER SERVICES

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

Quorum February, 2017

For inquires contact Jeffrey French www.gbflawyers.com

| 760.346.9310

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 Quorum are subject to editing and rewriting by the Quorum Committee.

CONTENTS DEPARTMENTS

President’s Message

14 Maintenance

A Ten Year Warranty is a Ten Year Warranty, Right?

Buck-A-Door or More

Homeowners Association Law

By Dan H. Stites and Jennifer James, Esq.

By James McCormick, Jr., Esq., CCAL

Short Term Rental Comparison Chart

Jennifer James, Esq.

24 Charity

Charitable Giving With Association Funds

Charity Questionaire

Trending Now

By Jonathan N. Zweig, Esq.

“We make a living by what 25 we get, but we make a life by what we give.” -- Winston Churchill

Smart Devices For Pets

By Antoinette Hamilton

32 33

About CLAC

The California Legislature

By Steven Shuey, PCAM, CCAM

Platinum Spotlight

Water Wise

Diversified Asphalt

CVWD Announces Conservation Programs for HOAs By Katie Evans

CAI-CV NOTES THE PASSING OF JOHN BENOIT John Benoit, Riverside County Supervisor and long-time champion of the homeowners’ association industry, passed away after a brief illness on December 26, 2016. During John’s many years in the California legislature, both as an Assemblyman and a Senator, he promoted and sometimes helped to stop legislation that impacted our industry. CAI always knew that his door was open to hear our concerns and comments regarding bills in either house. Our deepest condolences go to his family, friends and staff. He will be missed.

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

FROM THE CHAPTER

President’s Message Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx The Management Trust – Palm Desert CAI-CV Chapter President

ast spring, as your President-Elect, I attended the CAI National Conference in Orlando. President-Elects for each CAI chapter are required to attend the conference for training the year before their president term. I attended many classes and spoke with numerous other President-Elects from across the country. Three words kept repeating in the talks and discussion—Energize, Educate, and Elevate. In one of the sessions, the speaker stressed the importance of a President’s vision for their presidency year, and conveying that message to their chapter members. So, my thought was—Energize our chapter, Educate our members and Elevate us further as the source for common interest development (CID) information and education. When you have a moment, go to page 62 in our 2017 directory to see my 2017 vision for our Chapter. February is Committee Solicitation Month for CAI-CV. I hope you will join us in 2017 as a volunteer on one of our fourteen committees. At our Awards Night last week, we recognized 150 volunteers who helped the chapter reach its goals in 2016. The event was, in my opinion, a smashing success. Special thanks go to Larry May and Kristin Berryhill-Hood and the Awards Committee for organizing a magical evening. Thanks also to the attendees, and lastly, congratulations to the award recipients. It was an honor to celebrate YOU and all YOU do for our Chapter. Being a part of the CAI-CV volunteer team is great way for you to build relationships with your peers, increase your value as an employee, increase your business and improve your career potential. And, you will have a lot of fun while learning about the CID industry. Committees typically meet once a month at the CAI-CV office and if you cannot attend in person, you can always attend any meeting by conference phone. The best part of serving on a CAI-CV Committee is there is no cost other than a few hours of your time each month. The Committee Volunteer Form can be found at www.CAI-CV.ORG. On Friday, February 3, the Education Committee is hosting its first Manager on the Run (MOTR) event of the year. Carol Fulton, CIRMS, from LaBarre/Oksnee Insurance Agency is our guest speaker and sponsor for the program. These onehour crash courses for mangers offer valuable insight and earn managers one continuing education unit toward their designation renewals. Our Educational Program Lunch will be held on Friday, February 10, 2017 at Palm Valley Country

Quorum February, 2017

CA I - C V M I S S I O N S TAT E M E N T The mission of CAI-CV is to provide leadership for successful development and operation of community associations through information, research and education.

Club. The topic is SHORT TERM RENTALS and our guest speakers are Susan Hawks McClintic, Esq. and Quorum Chair, Dea Franck, Esq., both from the law firm of Epsten Grinnell & Howell, APC. You won’t want to miss this program. And, a quick reminder to CAI-CV Board members and our Committee Chairs and Co-Chairs that our 2017 Committee Training will take place at Sunshine Landscape on Friday, February 24, from 1:00 p.m. to 4:00 p.m. Mark your calendars for Friday, March 3, 2017 to attend our annual Corks for CLAC Wine Tasting. Our venue this year is Shields Date Garden in Indio. I understand the Wine Tasting Committee has a fantastic lineup of wines, heavy hors d'oeuvres and, new this year, a barbecue. As an olive branch to reach more association board members with CAI education, we are inviting all association board members to attend this event for free. Managers, this is your chance to introduce your boards to CAI! Call the CAI-CV office at 760-341-0559 for more information. Also, please mark your calendars for our March 10 Educational Program and Mini Trade Show. The topic is ASK THE ATTORNEY. Post your questions now on the CAI-CV website. We are expecting a crowd for this luncheon so get your tickets early. Please note, the lunch will be at SUN CITY PALM DESERT. In February, we commemorate Saint Valentine, a third century Roman saint who, since the middle ages, has been associated with sharing love. Since we are all in the business of building better communities, let’s take a few moments on Valentine’s day to think about our neighborhoods and share a little love where there is a need. On behalf of the CAI-CV Board, I wish you all a wonderful February.

Phyllis Harkins

Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx General Manager, Portola Country Club The Management Trust - Palm Desert

CAI-CV will energize our members to seek CAI education to elevate themselves & the CID industry.

energize educate elevate

Licenses #664779

Asphalt Concrete Seal Coating Striping ADA Compliance Grinding & Pulverizing

NPGASPHALT.COM So-Cal: 951.940.0200 Desert Division: 760.320.9600 Proud Members of: BIA,BOMA,CAI,IREM,CACM,CREW

CAI-CV Chapter New & Renewing Members NEW BUSINESS PARTNERS ON THE FLY SERVICES, INC. Saul Nunez (760) 275-8554 RETIREMENT FUNDING SOLUTIONS Dirk Pierce (760) 348-8039 dpierce@rfslends.com RENEWING BUSINESS PARTNERS FRAZIER PEST CONTROL, INC. Julie Frazier (760) 328-6115 julie@frazierpestcontrol.com VANTAGE POINT CONSTRUCTION, INC. Brittany Smith (760) 340-5157 vpcbrittany@yahoo.com NEW NATIONAL CORPORATE MEMBERSHIP RESERVE ADVISORS, INC. Timothy Matthiesen (630) 788-6072 tim@reserveadvisors.com

RENEWING MULTI-CHAPTER MANAGEMENT COMPANY VINTAGE GROUP Arielle Marion (949) 667-9806 arielle@vintagegroupre.com NEW MANAGER MEMBERSHIPS MILLENNIUM COMMUNITY MANAGEMENT, LLC Nancy Stegehuis (866) 508-2780 nancy@mcmiskey.com THE MADISON CLUB OWNERS ASSOCIATION Llubisela Rios (760) 399-0492 lrios@madisonclubowners.org THE MANAGEMENT TRUST - DESERT DIVISION Michael Capps (760) 776-5100 michael.capps@managementtrust.com RENEWING MANAGER MEMBERSHIPS ASSOCIA DESERT RESORT MANAGEMENT Kerry Leavitt (760) 346-1161 kleavitt@drminternet.com

JEB FORENCIS & SECURITY APPLICATIONS James Brown (760) 399-0153 jbrown2801@aol.com

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

MARTHA FOGG (760) 341-6016 mfogg@dfmaster.com

METERNET Moquey Marquross (800) 985-1179 m.marquross@meternetusa.com

OUTDOOR RESORT PALM SPRINGS OWNERS ASSOCIATION Clinton Atherton (760) 328-3834 Ext. 244 catherton@orps.com

OCBS, INC. Mike Mastropietro (800) 834-2323 mike.mastropietro@ocbsonline.com

RIVERLAKE COMMUNITY ASSOCIATION Fred Strong (916) 395-7462 generalmanager@riverlake.org

SHERWIN-WILLIAMS COMPANY Vera Cortez (760) 809-9691 swrepq102@sherwin.com

THE MANAGEMENT TRUST – DESERT DIVISION Cassie Gertz (760) 776-5100 Ext. 6345 Cassie.Gertz@Managementtrust.com

NEW VOLUNTEER LEADER PARK PALMS HOMEOWNERS ASSOCIATION J. Ken Jackson

RENEWING MULTI-CHAPTER BUSINESS PARTNERS FIORE, RACOBS & POWERS Margaret “Gen” Wangler, Esq. (760) 776-6511 gwangler@fiorelaw.com

CAI-CV.org

RENEWING VOLUNTEER LEADERS MONTAGE AT MISSION HILLS HOMEOWNERS ASSOCIATION Alan Horwitz Michelle Madison Nick Nickerson Tom Tousignant Mary Weiler

facebook.com/CAICV

twitter.com/CAI_CV

FEATURE

Ironwood Country Club “The Golf Club Above the Rest” By Susan Browne Rosenberg CIH, CIEC, CHMM

ronwood Country Club is in its 43rd year being one of the most desirable resort locations in Palm Desert. Built at the base of Mt. Eisenhower on a sloping mile-wide alluvial fan high up Portola, the property boasts beautiful mountain and valley views. Residents enjoy a variety of home choices, including condominium villas, private homes and custom lots that are still under development. The highlight of the property is the two private golf courses that wind through the rolling foothills of the Santa Rosa Mountains and create a unique golf experience unmatched in the Coachella Valley. Original designs by Desmond Muirhead and Ted Robinson, in consultation with Arnold Palmer, have since been enhanced by the strategic redesign of several holes by renowned golf course architect and former PGA player, John Fought, to further cement their status as a premier private greater Palm Springs area Country Club.

Quorum February, 2017

There are currently 1,070 units which range in size from 1,500 sq.ft. attached garden style homes all the way to 4,000+ sq. ft. estate homes. There are one and two-story properties with two to eight bedrooms. Prices range from $250,000 to the millions. According to “A History of the Ironwood Golf Courses,” the original plan was for nearly 3,000 residential building sites. However, plans for homes

and even the golf course design were modified many times over the years due to flooding. The historical 100 year flood on September 10, 1976, destroyed the South Course and much of the valley below the property. This catastrophic event caused the developers to rethink their plans and lots for flood control. The number of homes were scaled back, dikes, a dam and holding ponds were

FEATURE built and the South Course was completely redesigned over a six month period. Another historical flood of similar impact occurred on August 25, 2013. This time however, the dikes channeled flood water into the storage dam and lake minimizing damage to homes and structures. The South Golf Course is consistently rated as one of the top 10 in the Valley; the challenging Par 72 layout enjoys the distinction of serving as the annual host to a U.S. Open qualifying round. The par 70 North Golf Course is also wonderful to experience and offers both walkability, playability, and some of the most scenic and challenging holes in the desert. Ironwood features one of the top golf practice facilities in the Coachella Valley

with two driving ranges, three separate areas to hone short game skills and two practice putting greens. The Community is made up of Ironwood Community Association (Master), and 16 Sub-Associations managed by several companies including FirstService Residential, Desert Resort Management, and Albert Management. Some of the smaller sub-associations are self-managed as well. The original developer was Silver Spur Associates. Arnold Palmer was very involved when the project was first underway and was a minority partner. The property was designed as a weekend getaway for the Southern California market and has bloomed ever since.

Currently there are seven community board members on the Master Association. The active committees include Enhancement, Landscaping, Architectural, Security and Compliance, Connections, Ambassador, Finance and Emergency Preparedness. Special interest clubs allow residents to meet and mingle around such topics as “Artists of Ironwood,” “Ironwoof” (Dog Events), Hiking, Cycling, and wine and book clubs. Monthly HOA assessments range

"Arnold Palmer was very involved when the project was first underway and was a minority partner. The property was designed as a weekend getaway for the Southern California market and has bloomed ever since."

from $500 to $700 per month and include 24/7 Guard Gated Security Service, beautiful pools and spas, Spectrum cable and more. Daniel Farrar, FirstSer v ice Residential General Manager for the Ironwood Community Association is most proud of Ironwood receiving Coachella Valley Water District’s 2016 Outstanding Commercial Water Saver Award in recognition of their successful turf conversion program. According to an article published in the November 22, 2016 The Public Record, Dan said “We were very pleased to work with the Coachella Valley Water District on this project and are grateful for all the guidance they provided.” Forty-eight thousand one hundred thirty nine square feet of turf was replaced with desert friendly landscaping in a partnership program with the City of Palm Desert. Dan reported: “We finished up the CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

FEATURE Portola Median and the lower half of the Portola Parkway and this summer we will complete the upper half of the Parkway and the Mesa View Corridor. We will also have a new desert landscaping and marquis at the Portola gated entrance.” CVWD estimated that Ironwood will save about 60 gallons of water per square foot of turf removed, which is approximately 2.8 million gallons of water per year. Peter Suriano, Ironwood Community Association President stated in The Public Record: “We are very proud of the progress that our community has made toward reduced water consumption. We also think that it looks beautiful. The Coachella Valley Walter District has been very helpful in guiding and supporting us in our transition.” There are two major initiatives that the Community is working on now. The first is a number of Architectural Remodeling Symposiums to give homeowners ideas on how to improve and modernize their homes. These events have been overflowing with homeowner involvement since many local contractors and vendors participate at each event. The other initiative is the Ambassador Program Committee where new homeowners are greeted by the Committee Members once they have moved into the Community. The response has been very positive as new homeowners get acclimated to Ironwood right away. The homeowners like the location, the security, and the sense of community with their neighbors. Dan noted that residents and renters enjoy the history, the variety of housing choices available, the very wide streets (great for walking and hiking), the Country Club, and new desert landscaping. Ironwood and FirstService uses CAI Business Partners for many of their outside services including: Frazier Pest Control, AMS Paving, Allied Universal Protection, Peters and Freedman, L.L.P., Labarre/Oksnee Insurance Angency and Three Phase Electric. Susan Browne Rosenberg, CIH, CIEC, CHMM, and CAI EBP, is president and co-owner of Desert Cities Indoor Air, LLC in Palm Desert, CA. Her company assists HOAs in assessing the extent of water damage and mold contamination. She can be reached at 760-902-2545 or sbriaq@gmail.com.

MAJOR INITIATIVES "The first is a number of Architectural Remodeling Symposiums to give homeowners ideas on how to improve and modernize their homes." "The other initiative is the Ambassador Program Committee where new homeowners are greeted by the Committee Members once they have moved into the Community." 12

Quorum February, 2017

MAINTENANCE

A Ten Year Warranty is a Ten Year Warranty, Right? By Dan H. Stites, P.E. & Jennifer James, Esq. WHY SHOULD I READ THE SMALL PRINT IN THE WARRANTY? Consumers tend to assume when they get a ‘ten year warranty’ that the work or product is warranted to provide ten years of reliable service and, if it does not, it will be replaced at minimal cost or no cost. They feel protected. Unfortunately, that is not always the case. It is critical to read the small print to determine exactly what is warranted, what it is warranted against, what must be done to maintain the warranty in effect, and exactly what happens if the work/product fails before the warranty expires. On a $100,000 roof with a 20 year warranty that fails in year 20, the benefit to the owner can range from ZERO to FULL REMOVAL AND REPLACEMENT AT NO COST. So it pays to understand the warranty before you sign the deal! And, whatever you do, don’t accept a verbal warranty or promise. Since federal law requires that warranties be available for you to read before you buy, get it in writing.

WHAT IS ACTUALLY BEING WARRANTED? Both services and products are involved when looking at a reconstruction contract. Typically, the contractor will warrant his services and the product manufacturers will warrant 14

Quorum February, 2017

their products. The contractor will ‘pass through’ product warranties and support the customer in the enforcement of those warranties. Sounds simple but the owner can get stuck in the middle. The contractor does an outstanding job installing the product, but the product fails. The manufacturer supplies new product, but the owner must pay the contractor to install the replacement product. There are many exceptions to this broad generalization so it is important to look at project/warranty in its own right.

WHAT MUST THE SMALL PRINT SAY SO THE WARRANTY IS ENFORCEABLE? Every warranty must have certain conditions that make it enforceable. Otherwise, it is up to the courts to decide the intent of the warranty and that is never a fun experience. So, here are the key elements: Start Date: Incredibly, many of the contracts that we review do not have a Start Date for the warranty of services. In general, the Start Date is the date that the project is complete (as defined in the contract) although there are exceptions. For product warranties, the Start Date may be the date of installation, or for projects completed in phases, the Start Date may be the date that each phase is completed. This is a critically important

date, so make sure it is consistent with your specific project. Term or End Date: Virtually all warranties will include a Term, but without the above ‘Start Date,’ the Term has little meaning. Check to see if there are any conditions that may void coverage before the end of the Term. The Term of the warranty is probably the most publicized/discussed of its characteristics but it can be meaningless or, at best, difficult to enforce if the other key elements are not incorporated. Standard of Care: The Standard of Care defines how a service provider is to perform his work such that the warranty is not enacted. Some of the typical definitions might include: 'In compliance with applicable building codes; "In accordance with the law; "In accordance with the drawings and specifications; "In accordance with manufacturer’s specifications; "In a professional, safe, and workmanlike manner; "In accordance with the standards of care and diligence normally practiced by recognized contracting firms in performing services of a similar nature in existence at the time of performance of the services, etc.' If the service provider fails to meet the Standard of Care and damages or defects arise, then the warranty will be enacted. Exclusions and Limitations: This component of the warranty typically includes things like ‘pre-existing conditions,’ intentional damage, vandalism, acts of God, failure of the owner to protect and/or maintain the project in accordance with manufacturer’s and/or contractual requirements, and the list goes on. Again, this is critical language as it can render the warranty worthless if the exclusions and limitations are extensive or difficult with which to comply. Pay particular attention to the covered uses and maintenance requirements imposed on the owner. Remedy: This is another critical component of the warranty that is often poorly defined or excluded entirely in many contractual warranties. For

example, your waterproof decking contractor gives you a fiveyear warranty beginning with project completion. The warranty has the requisite Start Date, Standard of Care, Exclusions, and owner’s maintenance requirements, and even includes a warranty against leaks. Golden! Well, not really. There is no remedy: What does the contractor do to remedy a warranty claim (repair, replace, or refund your money)? Who do you notify, the contractor or the manufacturer? Also, what are the notification requirements (written, verbal, photographic evidence, etc.)? How much time does the contractor have to correct the flaw? What if the contractor met the standard of care, but the manufacturer’s waterproofing product failed? Who pays to remove the old defective waterproofing and install the new product? Many warranties do not cover consequential

"The message here is that the Remedy is critical and, along with Start Date and Standard of Care, are the most commonly omitted or poorly defined elements of an enforceable warranty." damages, which are damages caused by the product. For example, if your roof leaks and ruins your new hard wood flooring, the warranty would not cover the hard wood floor. The message here is that the remedy is critical and, along with Start Date and Standard of Care, are the most commonly omitted or poorly defined elements of an enforceable warranty. An appropriate warranty is a critical part of every contract and is intended to protect both the contractor and the customer. The customers’ decisions regarding the elements of the warranty for every contract should be determined based on the customers’ objectives and in consultation with a competent attorney and/or professional construction management firm. Remember, warranties are not free! Ultimately, the customer will pay for the warranty that they require of their contractors so make sure your requirements are project appropriate. Dan Stites is a degreed and licensed Professional Engineer with over 35 years of experience in the construction industry. He also holds C-39 Roofing and Waterproofing and “B” General Building Contractor licenses and has completed graduate studies in business at Rice University and Thunderbird School of Global Management. Dan is a member of the Quorum Committee and 2017 Chairman of the Programs Committee of CAI-CV.

Contractors Lic. # 235717

WESTERN PACIFIC Roofing Corporation

Since 1949

“Complete Roofing Services” Repairs • Re-rooﬁng Roof Inspection • Maintenance Programs Polyurethane Foam • Built-up • Tile • Patios 3462 La Campana Way, Palm Springs, CA 92262 Phone (760) 416-5877 Fax (760) 320-8912 FIND US ONLINE AT www.westpacroof.com

Jennifer James, Esq. is an HOA attorney located in the City of Palm Desert and has been providing legal services to common interest communities for more than 14 years. She established her own law practice, Law Office of Jennifer James, Esq. in 2014. Ms. James has been actively involved with CAI since 2004. She can be reached at (760) 834-8913 or Jennifer@JenniferJamesLaw.com. CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

ABOUT CLAC

Buck-A-Door or More By James McCormick, Jr., Esq.

f you are reading this right now I can almost guarantee that you have heard of the “Buck-A-Door or More” campaign. But how many of us really understand the program other than it being a request for support of CAI-CLAC (The California Legislative Action Committee)? Our associations are nonprofit organizations and do not generate tons of extra money so why should they raise their assessments by a dollar or more per door to support this fund? I’m glad you asked! Well, okay, you didn’t really ask, but you should have! If you have been in this industry for more than one year you have seen firsthand the changes to laws that take place on an annual basis. You have probably attended one, if not more, legislative updates and listened to attorneys drone on about changes in the laws and what those changes mean for our associations. Okay so maybe we don’t all drone, but I digress. The point here is that the laws change every year. And every year there are even more law changes that are proposed than those that are passed. Some of these fade away, some are withdrawn by the author, some are voted down and others are vetoed by the Governor. While not all of these proposed laws have an effect on associations, many of them do. The scary part is that the Legislators drafting the laws are doing so usually at the behest of their constituents. If you’ve been in this industry for more than a month you know that the letters you receive from an owner is usually because the owner is not happy about something. Well, Legislators are no different. So now you might know the answer to

the question “where did this crazy law come from?” Crazy laws come from crazy homeowners. Okay so maybe that’s an unfair and sweeping generalization and perhaps not always true. If a Legislator is provided sufficient information from a concerned homeowner or group of owners that a problem exists at their association and is urged to do something to protect constituents, the Legislator may take action by way of proposed legislation (you know, the squeaky wheel gets the grease). Without CAI-CLAC, that Legislator creates the proposed legislation and carries it through without the benefit of information and insight from experts in the association field. With CAI-CLAC, however, that Legislator is provided with information and expert advice derived from the CAI-CLAC’s full-time lobbyist and the many volunteers serving on local Legislative Support Committees (LSC). So where does the “Buck-A-Door or More” campaign come in? This campaign allows CAI to pay the salary of the lobbyist and the other members of the fulltime CLAC team. Without this financial support, CAI-CLAC would not be able to spend the time necessary to educate the Legislators on how associations function and why their proposed legislation may cause problems for the thousands of communities in California. While you are now aware of where these laws may come from, what you may not know is how many laws that would have been bad for associations were never passed, or how many changes were made to existing laws to better help associations that would never have been made but for

CAI-CLAC’s efforts. Take the most recent Fair Housing Act changes as an example. We all learned at the last Legislative Update about changes relating to harassment and potential vicarious liability for harassment. The final rule as adopted is fairly specific and applies to only specific circumstances. There are now only tangential applications to associations. This feat was accomplished by the efforts of CLAC. Specifically, through the efforts of CLAC, the United States Department of Housing and Urban Development (HUD) modified the final rule to: • Provide guidance as to those resident disputes that rise to the level of housing discrimination • State that there is no general duty for an association to halt housing discrimination, and that associations must take prompt action only when required to do so my law or the association’s governing documents • Clarify that associations are not required to take action outside the scope of authority under law or the association’s governing documents • Add a “reasonable person” standard as to when an association should have been aware of a housing discrimination issue None of these changes would have taken place but for the efforts of CLAC, the many volunteers supporting CLAC and the many associations, companies and individuals providing financial support to CLAC.

FOR MORE INFORMATION ABOUT CLAC, PLEASE GO 16

Quorum February, 2017

ABOUT CLAC To answer the question as simply as possible, the “BuckA-Door or More” campaign is designed to generate funds to allow CAI-CLAC to educate Legislators and to effect positive changes to proposed legislation and/or to encourage positive legislation for the thousands of community associations in California and nationwide. If your community has not yet added a “Buck-A-Door or More” to your budget to support this amazing effort, please add this item to your next agenda. If there’s one thing on which we can all agree it is that bad laws are bad for all of us. Let’s do our part to try to avoid them. James R. McCormick, Jr., Esq., CCAL, is a Partner with the law firm of Peters & Freedman, L.L.P. James is a Fellow of CAI’s prestigious College of Community Association Lawyers (CCAL). He can be reached at (760) 436-3441 or by email at jmccormick@hoalaw.com.

CLAC Buck-A-Door Campaign CLAC PLEDGE FORM YES, I’D LIKE TO SUPPORT CAI-CLAC WITH A PLEDGE!

Join other CAI-CV associations in supporting CLAC. • Desert Braemar, Inc.

• Palm Desert Country Club Villas

• Indian Creek Villas HOA

• Palm Desert Resorter HOA

• Laguna de la Paz HOA

• Palm Springs Deauville HOA

• Las Colinas HOA

• Palm Valley Homeowners Assoc. Inc

• Master Association of Rancho La Quinta • The Springs Community Association • Montage at Mission Hills HOA

• Village Traditions at Palm Springs

• Palm Desert Country Club Association

• Villorrio Village Inc.

PLEASE LET US KNOW WHICH CAI CHAPTER(S) YOU ARE DONATING TO:

HOA PLEDGE Number of Doors

A Buck a Door or More

Bay Area Central

Total Pledge

California North

PROFESSIONAL’S PLEDGE Professional Hourly Rate

Channel Islands

Number of People in Firm

Coachella Valley

Greater Inland Empire

Total Pledge

Greater Los Angeles

FLAT RATE PLEDGE

Orange County Regional

Total Pledge

San Diego

NAME

TITLE

FIRM/COMPANY NAME

ASSOCIATION NAME

Please consider joining other CAI-CV associations with a voluntary Buck-A-Door contribution to the California Legislative Action Committee (CLAC). CLAC asks each CAI association to contribute one dollar for every household to support our legislative activities in Sacramento. Every dollar helps! Donations can be sent to 1809 S Street, Suite 101-245, Sacramento, CA 95811. Checks should be written to CAI-CLAC and have CAI-CV in the note section. CLAC’s mission is to safeguard and improve the community association lifestyle and their property values by advocating a reasonable balance between state statutory requirements and the ability and authority of individual homeowners to govern themselves through their community associations. CLAC is a non-profit, statewide committee of the Community Associations Institute (CAI) that works to educate legislators about Common Interest Development (HOA) living and governance. CLAC serves the interests of approximately 13,000,000 homeowners residing in over 50,000 community associations throughout California. CLAC is not a PAC (Political Action Committee) and makes no political contributions.

TO WWW.CAICLAC.COM.

ADDRESS

CITY

STATE

PHONE

E-MAIL

ZIP

METHOD OF PAYMENT - Return this completed form to the address below Check enclosed payable to CAI-CLAC

Credit Card – Amex

Visa Mastercard Discover (circle one)

NAME ON CARD

BILLING ADDRESS

CITY

STATE

ZIP

CREDIT CARD NUMBER

SECURITY CODE

EXPIRATION DATE

SIGNATURE

DATE

CAI California Legislative Action Committee (CLAC), is a 501(c)(6) not-for-profit organization. Contributions or gifts to CAI California Legislative Action Committee are not deductible for federal income tax purposes.

888.909.7403 | 916.550.9488 fax | www.caiclac.com 1809 S Street | Suite 101-245 | Sacramento, CA 95811

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

Educational Lunch & Mini Trade Show Friday, January 20, 2017 Be Safe in an Unpredictable World! Guest Speaker, Rickey Teems, Securitas

Quorum February, 2017

Active Shooter - How to respond THANK YOU TO OUR SPONSORS Name Tag Sponsor Vantage Point Construction

Program Booth Sponsors AMS Paving BEHR & KILZ Paints BRS Roofing Diversified Asphalt Products EmpireWorks Epsten, Grinnell & Howell, APC Horizon Lighting Kasdan LippSmith Weber Turner, LLP Nissho of California, Inc. NPG Asphalt O'Connell Landscape Maintenance Painting Unlimited Patioshoppers Commercial Furnishings PrimeCo Roof Asset Management S.B.S. Lien Services SERVPRO of Palm Desert Silldorf Law, LLP Three Phase Electric Western Pacific Roofing

HOW TO RESPOND

WHEN AN ACTIVE SHOOTER IS IN YOUR VICINITY

• Remain calm and follow instructions

1. RUN • Have an escape route and plan in mind • Leave your belongings behind • Keep your hands visible

2. HIDE • Hide in an area out of the shooter’s view • Block entry to your hiding place and lock the doors • Silence your cell phone and/or pager

3. FIGHT • As a last resort and only when your life is in imminent danger • Attempt to incapacitate the shooter • Act with physical aggression and throw items at the active shooter

CALL 911 WHEN IT IS SAFE TO DO SO

COPING WITH AN ACTIVE SHOOTER SITUATION

• Be aware of your environment and any possible dangers • Take note of the two nearest exits in any facility you visit • If you are in an ofﬁce, stay there and secure the door • Attempt to take the active shooter down as a last resort

Pen Sponsor Diversified Asphalt Products

• Avoid quick movements toward ofﬁcers such as holding on to them for safety • Avoid pointing, screaming or yelling • Do not stop to ask ofﬁcers for help or direction when evacuating

INFORMATION YOU SHOULD PROVIDE TO LAW ENFORCEMENT OR 911 OPERATOR

• Location of the active shooter • Number of shooters • Physical description of shooters • Number and type of weapons held by shooters • Number of potential victims at the location

OF AN ACTIVE SHOOTER

An active shooter is an individual actively engaged in killing or attempting to kill people in a conﬁned and populated area, typically through the use of ﬁrearms.

CHARACTERISTICS OF AN ACTIVE SHOOTER SITUATION

• Victims are selected at random • The event is unpredictable and evolves quickly

KESQ NEWS CHANNEL 3 EmpireWorks

• Put down any items in your hands (i.e., bags, jackets) • Raise hands and spread ﬁngers • Keep hands visible at all times

PROFILE

Media Sponsor Spotlight Sponsor

WHEN LAW ENFORCEMENT ARRIVES

Contact your building management or human resources department for more information and training on active shooter response in your workplace.

• Law enforcement is usually required to end an active shooter situation

CALL 911 WHEN IT IS SAFE TO DO SO CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

S AV E T H E D AT E

CAI-CV Annual Spring Golf Tournament FRIDAY, APRIL 28, 2017

7 C AI - C V 201

SPRING

ANNUAL

The Springs Country Club Championship Golf Course in Rancho Mirage

TOURNAM

Welcoming individual golfers at $195 and foursomes at $695 Non-golfers welcome for lunch, auction and door prizes at $40 per member

LIVE AUCTION – GRAND PRIZE GIVEAWAY – AWARDS – DOOR PRIZES SPONSORSHIPS AVAILABLE AT CAI-CV.ORG OR CALL THE CAI-CV OFFICE AT 760-341-0559

DONATIONS FOR LIVE AUCTION AND DOOR PRIZES NEEDED!

SAVE THE DATE - CORKS FOR CLAC

Wine Tasting FRIDAY, MARCH 3, 2017, 5:30 P.M. HWY 111 & JEFFERSON IN INDIO

AT S H I E L D S D AT E G A R D E N • CHAMPAGNE RECEPTION • WINE TASTING

$45

• HEAVY HORS D’OEUVRES & BARBEQUE • SILENT & LIVE AUCTIONS

ASSOCIATION BOARD MEMBERS MAY ATTEND FOR FREE! SIGN-UP ONLINE AT WWW.CAI-CV.ORG OR CALL (760) 341-0559

FRIDAY, MARCH 3, 2017 | 8:30 A.M.—2:00 P.M. | AGUA CALIENTE CASINO

A SYMPOSIUM FOR COMMUNITY STRATEGIES PRESENTED BY

THE MANAGEMENT TRUST DESERT DIVISION

It’s a tough mission, huh? Serving on a volunteer board, we mean, because there’s a lot to know and the pay is low….. So, we at The Management Trust are offering a free symposium and luncheon If you are a board member for an HOA, you qualify, and your mission, should you decide to accept it, is to show up hungry for knowledge and food. In exchange we will: • Refresh you on solutions to ongoing challenges (i.e. dealing with internal conflict and with difficult personalities)

• Serve you a light breakfast and full lunch and give away some prizes

• Bring you up to speed on some of the hottest topics in the industry (i.e. short term rentals in the community)

• Answer any of your community’s questions with a full complement of industry specialists from management to legal experts

• Offer a full vendor trade show

RSVP To: Terri.Jones@managementtrust.com, 760-776-5100, Ext 6322

HOMEOWNERS ASSOCIATION LAW

Short Term Rental Comparison Chart WHY AND WHEN ASSOCIATIONS WOULD NEED TO REFERENCE THE CITY MUNICIPAL CODES REGARDING SHORT TERM RENTALS

hort term leases are often a topic of discussion with homeowner associations, particularly when problem tenants arise. You should first check your association’s governing documents to see if there are any lease restrictions that apply. Many associations prohibit short term leases. In addition to your association’s governing documents, the cities of Coachella Valley and unincorporated areas of Riverside County enforce certain short term lease restrictions. For example, short term leases are subject to Transient Occupancy Tax (TOT). Some cities require that an owner furnish a letter from the association or at least provide proof that the association permits short term rentals. If your association is struggling with problem tenants as a result of short term leases, even if your association’s governing documents don’t provide much relief, notifying the city or county of the short term tenant is a good place to start. While an association cannot enforce the municipal code, it can provide the city or county with information needed for city or county enforcement. Indeed, Riverside County and all Coachella Valley cities provide a short term rental hotline to call in the event of violations. Therefore, it is important to be aware of the applicable county or city municipal codes regarding short term rentals.

Quorum February, 2017

Riverside County (unincorporated areas)

La Quinta

Palm Desert

Ordinance No.

927

506

1236

Short term rental defined

30 days or less

27 days or less

Owners required to give Good neighbor brochure to tenants

Yes

Must provide proof that HOA permits short term rentals

No - Owners are responsibile for abiding by HOA short term rental rules

No - Owner is responsibile for abiding by HOA short term rental rules

No - Owner is responsibility for adbiding by HOA short term rental rules

Responsible Party response time requirements for complaints

Must respond within 60 minutes

Must respond within 45 minutes

Must respond within 60 minutes

1st time registration - $250 Annual registration - $100

Business License Fee - Varies from $19 - $217 (depending on growth revenue). Annual permit fee - $102 per vacation rental unit

Annual application fee - $26 per property. *Moratorium on short term rentals as of Jan 9, 2017 for at least 45 days.

TOT Tax

10%, Riverside County Ordinance No. 495; The Treasurer Tax-Collector shall be responsible for enforcement

10% due prior to the last day of the month following close of the reporting period. File with the City’s Design and Development Department

9% due prior to the 1st day of the 2nd month following close of the reporting period

Advertising

No prohibition on location of advertising. All advertisements must have the registration number

No on-site advertising; Must include business license and permit No. on the advertising materials

No on-site advertising; Must include business permit on the advertising materials

Minimum # of days

No minimum

3 days and 2 nights

Permitted # of overnight guests

Based on state and federal laws - Must have one room with at least 120 sq ft and bedroom with at least 70 sq ft. If more than 2 in a bedroom, must have at least 50 sq ft larger for every additional occupant (California Housing Laws)

2 per bedroom, plus 2; Maximum of 14 guests

2 people per bedroom w/ maximum of 20 people

Fines

Riverside County ordinance No. 725. Each day a violation is committed or continues shall constitute a separate offense. Violations shall be treated as a public nuisance and strict liability regardless of intent. 1st offense - $100, 2nd offense - $200, 3rd offense - $500

$100 - $500; $100 per violation, increases per occurance

$1,000 - $5,000

Hotline

(888) 223-0068

(760) 833-9050

(760) 346-0611; after-hours hotline (760) 833-7998

Fees

HOMEOWNERS ASSOCIATION LAW Jennifer James, Esq. is an HOA attorney located in the City of Palm Desert and has been providing legal services to common interest communities for more than 14 years. She established her own law practice, Jennifer James Law, in 2014. Ms. James has been actively involved with CAI since 2004. She can be reached at (760) 834-8913 or Jennifer@JenniferJamesLaw.com. Indian Wells

Indio

Rancho Mirage

Cathedral City

Palm Springs

689

1665

1096

781

1907

Less than 30 days

30 days or less

27 days or less

30 days or less

28 days or less

Yes

Yes - Owner must provide letter from HOA

Yes

Within 48 hours of guest arrival, must provide 24/7 emergency contact info. Must respond within 60 minutes

Must respond within 45 minutes

Must respond by phone within 15 minutes and in person within 30 minutes to any subsequent complaints

Business License Fee - $86 Permit Fee per unit- $159

Annual Permit Application fee - $60 per unit for 1st year, annual renewal fee - $20 per unit. Business License Fee - $65. License tax â&#x20AC;&#x201C; varies from $60 to $600

Annual fees: City Business License $31, Vacation Rental Certificate $100 per vacation rental.

Annual Registration fee - $60; Business License Fee - $55 for 1st year; $42 thereafter, $3.25 for each additional unit

Annual Vacation Rental Registration Fee - $900.00, TOT Permit - $25.00

11.25% due no later than 30 days after the end of each quarter ending March 31, June 30, Sept 30, and Dec 31

13% due by the end of the month following the quarter ending April 30, July 31, Oct 31, Jan 30

10% due monthly on all registered property whether or not the property is rented in a given month

12% due by the end of the month following the month the TOT tax became due

11.5% must be received by 6:00pm on the last City Hall working day on the month following the close of each calendar month. TOT return must be filed monthly even if no tax is due

No on-site advertising; Must include permit number and number of occupants on all advertising materials

Must have a business license prior to advertising

No on-site advertising permitted

Must include business license number on all advertising materials

No advertising during the registration period; TOT permit number must be on all advertising materials

No minimum for HOA communities unless HOA requests enforcement by City; non-HOA communities require minimum 29 nights & minimum 7 nights for tennis tournaments. Grandfathering rules apply.

No minimum

2 people per bedroom (excluding children age 6 & younger)

2 per bedroom, plus 2

2 people per bedroom (older than 3 years). The number of children 3 years and younger shall not exceed Â˝ of the permitted total number of occupants

2 people per bedroom

2 people per bedroom, plus 2 minor children (age 12 or younger)

Tenant: 1st offense - warning, 2nd offense $500, 3rd & subsequent offenses $1,000. Owner: 1st offense - warning, 2nd offense - $1,000, 3rd & subsequent offenses - $1,500. Offense during permit revocation - $2,500

$1,000 - no permit, $500 - no business license

$1,000 - $5,000

To be established by resolution of the City Council

$500 - $10,000.

(760) 883-1822

(760) 883-1838

(760) 833-7999

(760) 883-1800

(760) 833-7988

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

CHARITY

Charitable Giving With Association Funds By: Jonathan N. Zweig, Esq. - Roseman & Associates, APC.

he turn of the calendar into the new year means that homeowner’s associations have distributed projected operating budgets for the fiscal year. While budgets do their best to accurately forecast revenue and expenses, by their very nature, budgets are simply projections. Oftentimes, over the course of the year, the revenue of a homeowner’s association is less than its actual expenses. Less often, association revenue exceeds expenses. When this happens, associations are left with a surplus of funds. Associations have several options when faced with a surplus. Yet, one thing that associations may not do, despite what may be its best intentions, is to donate any or all of that surplus to a charitable organization. This article details the legal rationale for why associations should not make charitable contributions and provides several alternatives for use of surplus funds. It is important to remember that homeowner’s associations are nonprofit organizations. Like their general nonprofit corporation counterparts, homeowner’s associations must generate revenue to meet expenses. The revenue generated by associations is generated in the form of monthly assessments paid by the members. In fact, boards of directors of associations have a duty to impose assessments “sufficient to carry out their duties under the governing documents,” such as the power to administer the affairs of the association (Civ. Code §5600(a).) However, an association may not impose or collect an assessment that exceeds the “amount necessary to defray the costs for which it is levied.” (Civ. Code §5600(b).) Stated slightly differently, as a nonprofit organization, association revenue must match expenses. As such, its annual budget should be configured so that anticipated revenue matches anticipated expenses. Yet, budgets are merely projections, and sometimes actual expenses are less than actual revenue. In the event of a surplus, the board may want to donate some or all of that surplus to a charity. However, there is no authority for assessments to be used for anything other than their purpose of collection (i.e. operation and maintenance of

Quorum February, 2017

the association), and no California case has directly addressed this issue. The closest case on point was Finley v. Superior Court (2000) 80 Cal. App. 4th 1152, where homeowner’s association members brought a derivative action for return of assessments used to make contributions to a political action committee that opposed conversion of a nearby military base to a commercial airport. The court held that these political contributions were not illegal, but declined to rule on whether the donation was a proper use of association funds. In addition, there are several other issues involved with making charitable donations. For example, not every association member supports the same causes. Donating to a charity that certain members do not support may be upsetting to those members. Further, as a nonprofit organization, associations must remain cognizant of IRS rules, which require that homeowner’s associations devote a certain percentage of expenditures to association property. You should contact your CPA/accountant if you have any questions about IRS rules, but, for our purposes, it is enough to say that boards should not do anything that could jeopardize their association tax-exempt status. Instead of charitable contributions, there are other ways association boards can deal with surplus funds. They can transfer the funds into the association’s reserve account. Transferring to reserves will avoid any taxation on excess revenue and can be used for deferred maintenance costs, which will benefit every member of the community. Further, even though associations are not permitted to make charitable contributions, it is still perfectly appropriate for individuals to make donations, even if made on behalf of their homeowner’s association. So long as the individual’s money is used, and not the association’s, a court should not find the donation to be objectionable. Jonathan N. Zweig, Esq. is an associate with the law firm Roseman & Associates, APC and has been practicing Common Interest Development Law since 2015.

Charity Questionnaire “We make a living by what we get, but we make a life by what we give.” -- Winston Churchill Are you a member of a CAI’s Coachella Valley chapter? Do also you volunteer your time and/or resources to a charity organization? If the answers to these questions are “yes”, then we want to hear from you! Quorum would like to feature your community service efforts to help spread the word about the charity organization to which you give your time! This is an excellent opportunity to spotlight your favorite charity. Please fill out this questionnaire and return it to Dea Franck at dfranck@epsten.com. Thanks! Your name: ____________________________________________________ How long have you been a member of CAI-CV?: ____________________________________________________ Name of the charity organization you volunteer for/with: ____________________________________________________ ____________________________________________________ What is the purpose/mission statement of the charity organization?: ____________________________________________________ ____________________________________________________ What service(s) does the charity organization provide?: ____________________________________________________ ____________________________________________________ Address, phone number and website of the charity organization: ____________________________________________________ Please give a brief history of your volunteer service for the charity organization. For example, how long have you been a volunteer? What type of volunteer work do you do? What motivated you to become a volunteer for this charity organization?: ____________________________________________________ ____________________________________________________ ____________________________________________________ Is the charity organization looking for more volunteers? If yes, please explain the types of volunteer opportunities available. Does your charity organization except donations? If yes, what types? For example, non-perishable foods, toiletries, towels, blankets, etc.?: ____________________________________________________ ____________________________________________________ Please provide the name of a person at the charity organization people can contact for more information regarding the charity organization.: ____________________________________________________ ____________________________________________________ CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

STOP DRAINING POOLS!

Acid Wash Your Pool and Concerve 90% of the Water

Now you can lower Total Dissolved Solids, including calcium hardness and more, without draining the pool.

Securitas Security Services USA, Inc.

Extend Plaster & Equipment Life

We clean the plaster without an aggressive acid wash. We use the most technologically advanced industrial grade reverse osmosis system in the pool industry today.

www.securitas.com/us/en

For more information on how we can exceed your expectations, contact Reginald St. Germaine, Palm Desert Branch Manager at (760) 779-0728.

Use Less Chemicals The Water Feels Incredible!

CAI-CVad.indd 1

11/29/12 2:02 PM

760-250-6232

Call today for a free poolside evaluation and quote! Purified Pool Water is a division of Alan Smith Pools, Inc. CA Lic# 571196

PurifyYourPool.com

760.399.6428

79345 Country Club Dr. Unite B Bramuta Dunes 92203

TIME HONORED Matthew (Matt) Lawton has worked in the insurance industry for over 15 years, with a special emphasis on homeowners’ association insurance. Matt’s agency, Prendiville Insurance Agency, is the third largest Farmers Insurance agency in the country. Not only has Matt earned the “Community Insurance and Risk Management Specialist” designation (CIRMS) from CAI National, he has also earned the “Certified Insurance Counselor” (CIC) designation from the National Alliance, which is a comprehensive, five year, commercial insurance program that covers all aspects of property and liability issues. Matt is proud to say that he is the only insurance agent in California to have earned both of these insurance designations. Matt has resided in the Coachella Valley for the past ten years, and spends his free time exploring vast desert and mountain areas on his motorcycle. For this story, Matt mentioned that “It’s always nice catching a weekend sunrise on two wheels.” He enjoys listening to all types of music as well as playing guitar, and most recently is attempting to teach himself to play piano. “Ask me next year if I succeeded,” he laughed during this interview. When asked for a good book 26

Quorum February, 2017

Peggy@PeggyRedmonLaw.com

Matthew Lawton

By Phyllis Harkins

recommendation, Matthew mentions “Born to Run,” the new Bruce Springsteen autobiography. Over the years, Matthew has written numerous articles for HOA related publications, including Quorum; he has served on many CAI committees, and he’s won numerous CAI awards including Business Partner of The Year, Committee Chair of The Year, Member of The Year, and Author of The Year. When the topic of CAI comes up, Matt has a lot of praise for our organization. As a long-time Chapter member and current Chapter board director, he mentions that being a member of CAI is not just about business. “Being a part of CAI in the desert has obviously been a big help to our agency, but the people in this Chapter make it more than just a work-related group. This Chapter is filled with caring, helpful people who not only donate their time and resources to all sorts of local issues, but they all do their best to help other CAI members when they are going through life’s twisty roads. We’ve all been there, whether it’s a work issue, a personal matter, or even a health scare – the members of this Chapter really do look out for one another, and that’s what makes this Chapter so special.” And Matt, what makes you so special to our Chapter is your loyal service and your caring spirit. It’s an honor to share your story.

TRENDING NOW

Smart Devices For Pets By Antoinette Hamilton An estimated 40%-60% of animals in shelters are lost pets. Posting flyers has been the usual way to get the word out about a lost or found pet. Using a smartphone, Bluetooth and GPS technology now make it easier to find Fluffy. Pet devices can interact with smart pet doors, food and water dispensers and to train your pet by using voice and video features to connect with your animals while away from your home.

TAGG www.whistle.com The Tagg collar tracks your dog’s location, activity, and temperature. GPS and cellular connections activate to help you find your missing pet. Tagg’s thermometer will send out a mobile alert if it detects extreme temperatures -- when your pet is in the car on a hot day, or left outside in the cold.

FEED AND GO www.feedandgo.com Smart pet feeder for wet/ dry food, treats and medication. Connects by Wi-Fi to your home network. The builtin webcam allows you to see your pet and you can record your own personal message from your smartphone.

WÜF www.getwuf.com With expected availability this Spring 2017, WÜF's advanced Smart Dog Collar provides GPS location, activity tracking and plus training. Wüf comes in three sizes to accommodate most dog breeds.

PETSAFE SMARTDOOR www.petco.com The PetSafe SmartDoor features programmable selective entry, exit, and auto-locking functions to provide convenience for you and your pets. SmartKey is worn on your pet's collar.

PETCUBE www.petcube.com The original pet cam that lets you watch, talk and play with your pet. Petcube Camera lets you check in on your pet when you’re away — all through your smartphone.

Antoinette Hamilton has ten years of experience in solar PV and solar pool heating in the Coachella Valley. She is a frequent guest speaker on energy efficiency solutions for HOAs, hotels, country clubs, apartment complexes and assisted living facilities. Antoinette can be reached at at (760) 808-1128 or by email at info@suntosolar.com. CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

CAI-CV 35TH ANNIVERSARY CHAPTER AWARDS

Community Associations Institute – Coachella Valley Chapter Announces Winners of 2016 Awards Community Associations Institute – Coachella Valley Chapter (CAI-CV) announced the award winners for their 35th anniversary year, 2016, at their Awards Night banquet on Friday, January 27, 2017, at the Omni Rancho Las Palmas Resort & Spa. With more than 160 in attendance, awards were given to over 150 volunteers who helped CAI-CV achieve its goal of building better communities in the Coachella Valley. In addition to recognizing its volunteers, CAI-CV presented awards to volunteers who served in a leadership capacity as chair or co-chair of a committee or served on the Board of Directors. Special recognition was also given to volunteers whose service went “above & beyond” expectations. The winners of nine chapter awards were also announced after collecting nominations from the chapter’s general membership in December and January. CAI-CV’s 2016 President, Gerard Gonzales, from Albert Management, presented three “President’s Awards” and current President, Phyllis Harkins, General Manager of Portola Country Club, presented an award to Gerard Gonzales for his outstanding service as president. At the banquet, Gonzales thanked the volunteers and said, “Your volunteerism equates to more than fifteen-thousand hours of service during the year and is worth more than a quarter-million dollars to CAI-CV. You have helped us educate association board members and community managers about the important fiduciary duties they have running our Valley community associations. Thank you!” Community Associations Institute – Coachella Valley Chapter (CAI-CV) is the authority on common interest developments (CIDs) in the Coachella Valley. CAI-CV is a local nonprofit with more than 700 members and affiliates that has been offering education to associations in the Coachella Valley for thirty-six years. CAI-CV provides education to community association board members, professional designations to association managers and networking opportunities to businesses who conduct business with the 850 community associations (HOAs) in the Coachella Valley. More than half of Coachella Valley’s residents live in common interest developments. CAI-CV is one of eight chapters in California and 61 chapters internationally. Visit www.cai-cv.org for more information.

2016 Award Recipients VOLUNTEER AWARDS Adrian Adams, Esq. Alan Carnegie, Esq. Allison Le Boeuf Angela Henderson Antoinette Hamilton Cari Burleigh Carlos Contreras Carol Fulton

Carolyn Chesnut Charissa Farley Chet Oshiro Chris Bennett Chris Meyer Christina Baine DeJardin, Esq. Dana Brown

Quorum February, 2017

Dana Pride David Carter Dea Franck, Esq. Dionne Petitpas Eric Angle Eric Gaer Erin Fujioka Erin Klink

Fran Mullahy Gary Butler Grace Paluck Greg Morrow Holly Falco James McCormick, Jr., Esq. Jennifer Zeivel Jerod Pannell Jon Roy Joseanne Smith Julie Rosser Balbini, Esq. Kelly Roseman Kent Westfall Kevin Leonard Kimberly Burnett Kimberly Ellis Kristin Berryhill-Hood Lai Gau Laurie Poole, Esq. Len Fox Leslee Cicogna Lily Ortega Lisa Glogow Lori Fahnestock Martha Fogg Mary Walker Matt Parker Michelle Zubia Mikael Ottoson Mike Traidman Nena Rutherford-Milward Paula Tapia Randy Mitchell Rebecca Flores Richard Weiner Rick Cech Rob Winkle Ron DiGrandi Ronda Henry Scott Brooks Sharron Badham Susan Rosenberg Tara Abakumoff Tasha Payne Taylor Winkle Tiffany Christian Tiffany Wright Tim Albert William Stricker

LEADERSHIP AWARDS Brittany Smith Cameron Bridges Cardinal Ambrose Cari Burleigh Christy Majors Clint Atherton Dan Stites Daniel Farrar Gen Wangler, Esq. Gerard Gonzales Gloria Kirkwood Jennifer James, Esq. John Walters-Clark Jolen Zeroski Julie Frazier Kym Taylor-Burke Larry May Louise Stettler Matt Lawton Micha Ballesteros Mike Rey Nicole Mendoza Patricia Moeller Phyllis Harkins Rhonda Drews Rodney Bissell Steven Shuey Sue Anderson Tad Black

ABOVE & BEYOND AWARDS Brittany Smith, Vantage Point Construction 2016 Volunteer Committee Carlos Contreras, Sunshine Landscape Special Recognition from CAI-CV Board of Directors Clint Atherton, CMCA, AMS, PCAM, Outdoor Resorts Palm Springs 2016 CLAC Legislative Support Committee Dan Stites, CBCI Construction 2016 Quorum Committee

CAI-CV 35TH ANNIVERSARY CHAPTER AWARDS David Carter, CMCA, AMS, Outdoor Resorts, Indio 2016 Public Relations Committee Dea Franck, Esq., Epsten Grinnell & Howell, APC 2016 Golf Committee Holly Falco, Accurate Leak Locators 2016 Oktoberfest Committee Brittany Smith, Vantage Point Construction 2016 Business Partner Committee Julie Frazier, Frazier Pest Control 2016 Bowling Committee Kristin Berryhill-Hood, CCAM, Associa Desert Resort Management, Rancho Las Palmas HOA 2016 Awards Committee Lori Fahnestock, Powerful Pest Control 2016 Wine Committee Louise Stettler, Palm Valley Country Club 2016 Programs Committee Mary Walker, CCAM-LS, AMS, MEW Consulting 2016 Programs Committee Micha Ballesteros, Flood Response Special Recognition from CAI-CV Board of Directors Rick Cech, Western Pacific Roofing 2016 Membership Committee Ronda Henry, SERVPRO of Palm Desert 2016 Casino Committee Susan Rosenberg, CIH, CIEC, CHMM, Desert Cities Indoor Air, LLC 2016 Quorum Committee Richard Weiner, Signarama 2016 Public Relations Committee Rodney Bissell, Bissell Design Studios Special Recognition from CAI-CV Board of Directors Jeff Grady, Signarama Special Recognition from CAI-CV Board of Directors Nena Rutherford-Milward, CMCA, AMS, PCAM, Associa Desert Resort Management, Rancho La Quinta HOA CAI-CV CLAC Delegate

Loni Peterson, CMCA, AMS, PCAM, The Management Trust Recruiter of the Year

2016 Operations Committee of the Year Award Education Committee Rhonda Drews, PCAM, Chair Jacqueline Wright, Steven Shuey, PCAM, Co-Chair Albert Management, Inc. Cardinal Ambrose, AMS Recruiter of the Year Eric Angle, PCAM Rhonda Drews, AMS, PCAM, Associa Desert Dave Carter, AMS Resort Management Carol Fulton, CIRMS Education Committee Gen Wangler, Esq., CCAL Kent Westfall

CHAPTER AWARDS

2016 CAI-CV Lifetime Achievement Award Steven Shuey, PCAM, Personalized Property Management

PRESIDENTS AWARDS

2016 Distinguished Service Award Brittany Smith, Vantage Point Construction

Phyllis Harkins, The Management Trust, General Manager, Portola Country Club

2016 Community Association Onsite Manager of the Year Award Dave Carter, CMCA, AMS, Associa Desert Resort Management, Outdoor Resort, Indio

2016 President’s Award Rob Winkle, Roof Asset Management

2016 Community Association Portfolio Manager of the Year Award Patricia Moeller, CCAM, Personalized Property Management

SPECIAL RECOGNITION

Distinguished Service Awards Tad Black, Associa OnCAll

Gerard Gonzales, 2016 President, Albert Management, Inc About Community Associations Institute (CAI)

2016 Community Association of the Year Award Indian Creek Villas HOA 2016 Community Association Volunteer Leader of the Year Award Jess Rosenberg, Desert Falls Master Association 2016 Business Partner of the Year Award EmpireWorks – Chet Oshiro 2016 Special Event Committee of the Year Award Oktoberfest Committee Tad Black, Chair Patricia Moeller, CCAM, Co-Chair Cardinal Ambrose, AMS Sue Anderson Carolyn Chesnut, AMS Lori Fahnestock Holly Falco Erin Fujioka Lisa Glogow, CMCA Ronda Henry Chet Oshiro Mikael Ottoson Matt Parker

CAI-CV.org

CED Award Cal Lockett, CAI-CV Executive Director

Community Associations Institute (CAI) is an international nonprofit 501(c)(6) organization founded in 1973 to foster competent, responsive community associations through research, training and education. CAI is an international membership organization dedicated to building better communities. With more than 34,000 members, CAI works in partnership with 61 chapters, including chapters in Canada and South Africa, as well as with housing leaders in a number of other countries, including Australia, the United Arab Emirates and the United Kingdom. We work to identify and meet the evolving needs of the professionals and volunteers who serve associations, by being a trusted forum for the collaborative exchange of knowledge and information, and by helping our members learn, achieve and excel. Our mission is to inspire professionalism, effective leadership and responsible citizenship— ideals reflected in associations that are preferred places to call home. For more information, visit www.caionline.org.

facebook.com/CAICV

twitter.com/CAI_CV

2016 AWARDS NIGHT JANUARY, 27 2017

Quorum February, 2017

OMNI RANCHO LAS PALMAS RESORT & SPA

THANK YOU TO OUR 2016 AWARDS NIGHT SPONSORS PLATINUM SPONSORS Associa Desert Resort Management EmpireWorks NPG Asphalt Pro Landscaping, Inc. Roof Asset Management

SILVER SPONSORS Alliance Association Bank G4S Secure Solutions USA SERVPRO of Palm Springs and Indian Wells The Management Trust - Desert Division

BRONZE SPONSORS Asphalt MD's CBCI Construction, Inc. Diversified Asphalt Products Dunn-Edwards Paints Epsten Grinnell & Howell, APC Fiore Racobs & Powers, A PLC LaBarre/Oksnee Insurance Agency, Inc. PrimeCo Seacoast Commerce Bank

PHOTO SPONSOR Accurate Leak Locators Peters & Freedman, L.L.P.

ENTERTAINMENT SPONSORS AMS Paving, Inc. Pacific Western Bank Western Pacific Roofing

EVENT DESIGN SPONSOR Flood Response

MEDIA SPONSOR KESQ News Channel 3

SCHOLARSHIP SPONSOR Pacific Western Bank

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

ABOUT CLAC

The California Legislature Steven Shuey, PCAM, CCAM

he California Legislature has once again approved legislation that needs corrective action. If you have not heard, a new law requires all homeowner associations to send out a "request for updated information" to all owners on an annual basis beginning this year. The details are to include proper contact information as well as information on residency for the unit. Where the new law does not make sense is its requirement that failure to respond to the request for information results in the primary mailing address defaulting back to the property address. For owners in the Coachella Valley this could cause grief for those that call the Coachella Valley their second home.

There is amendment legislation being introduced that will, hopefully, correct this issue and allow for the last known address of record to be used in the event an owner fails to respond to the request for information. If the amendment passes, it will be a help to this issue. The Bill, SB918, which added Civil Code §4041 as of January, will have an impact on all associations throughout California. Associations and their managers are working to figure out just exactly how to deal with the issue. At a minimum there will be a cost to HOAs that was unanticipated and possibly beyond the budget. Just imagine this… the association directs its manager to send out the request for information. This is a fairly easy task, the cost of which includes printing and postage at a minimum. Then the fun begins… when documents are returned, someone needs to verify the address information in the file and update the records as needed. The law asks if the unit/lot is developed or not, is vacant, owner occupied, or rented out. Does your database software have a place to track that information? Regardless, it does need to be tracked. How much time will

updating the record take and how much will it cost? My guess is that it will cost more than you think! Now, suppose the owner fails to respond… In the current version, the law requires that the address of record shall default back to the property address. Can you imagine how mail could get off track and the cost to correct issues if suddenly the address of record is changed to a local property address where no one picks up mail? We should hope the amendment to the legislation, proposed by the California Association of Community Managers (CACM) and recommended by CAI, gets pushed through the legislative process so that at least that one issue is resolved. You can find out more information on this and other legislative bills that may impact your lifestyle by visiting the CLAC home page located at www. caiclac.com. Homeowners, especially board members, and the managers of community associations, should stay abreast of legislation that could effect homeowner association operations. CAI and this magazine will help you do that.

Steven Shuey, PCAM, CCAM, is a Community Association Consultant with Personalized Property Management, is part of the National Faculty of CAI, and serves on the California Legislative Action Committee for CAI. He can be contacted at (760) 325-0059 and via email at: IslandMgr@aol.com.

SAVE THE DATE REGISTER AT WWW.CAICLAC.COM

2017 LEGISLATIVE DAY AT THE CAPITAL APRIL 23-24, 2017 32

Quorum February, 2017

CALIFORNIA LEGISLATIVE ACTION COMMITTEE

CAI-CV

2017 PLATINUM SPONSOR SPOTLIGHT

iversified Asphalt Products is southern California’s leading seal coat manufacturer and asphalt service provider. From quality seal coat products and subcontracting support to equipment rentals, Diversified Asphalt Products enjoys a strong reputation for exceptional service and lasting value. Although Diversified Asphalt has been a CAI member for a short period of time, our involvement in multiple chapters has already benefitted the members of CAI and our asphalt customers. We are proud to work with the Coachella Valley chapter and look forward to a lasting partnership. As we celebrate our 25th anniversary, we remain committed to delivering quality and superior service to the asphalt industry.

Subcontracting Division

Equipment Rental

Manufacturing Division

• Full Service Oil Spreading

• 600 Gallon Seal Tanks

• OverKote® Seal & Crack Filler

• Paving Fabric Installation

• 6,000 Gallon Yard Tanks

• SS1H Emulsion

• Tack & Price Coat

• 6,000 Gallon Job Site Tanks

• Paving Fabric Rolls

• Fog Seal On August 1, 1992, we started Diversified Asphalt with one truck and trailer and a mission statement. Keeping customer satisfaction first in mind, we have since grown to a fleet of 17 trucks and 35 tanks. Along the way, we have kept true to our namesake and diversified into many aspects of the paving industry to help service our customer's needs. It’s easy to be impressed with Diversified’s breadth of quality products and services. But many would say we truly make our mark because we stand behind what we sell and provide outstanding customer service.

• Petrotac and Geotextiles • Oil Flow and Oil Spot Sealer • Latex Additives • Hot Soup Buckets • Diamond Shield Fortifier

Lou Moreno Diversified Asphalt Products T: 714-449-8666 C: 714-793-7793 loum@diversifiedasphalt.com

Thank you to Diversified Asphalt Products for their generous support of CAI-CV! CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

CAI NATIONAL

CAI is Now in Canada!

an. 24, 2017—Falls Church, VA— Community Associations Institute (CAI), the leading authority in community association governance, education, and management is proud to announce the establishment of a Canadian chapter that will be known as CAI Canada and headquartered in Toronto, Ontario. One in eight households in Canada, particularly in major metropolitan areas like Toronto, Montreal, Quebec, and Vancouver, are located in condominium communities. This trend is expected to increase, and as the number of Canadian condominium associations grows, the Canadian government plans to overhaul and strengthen its longstanding Condominium Reform Act. CAI Canada joins the 60 CAI chapters in the United States and South Africa, as well as housing leaders in a number of other countries including Australia, the United Arab Emirates, and the United Kingdom. "Through this new chapter, community managers and homeowners, as well as business partners, will have access to unparalleled networking opportunities," said Crystal Wallace, CAE, CAI's vice president of membership and chapter relations. Wallace added, "And all CAI members receive invaluable access to educational resources, publications, and industry events." For more than forty years, CAI has offered education and guidance for community association homeowners, volunteer board members, and businesses serving these communities. Through CAI Canada, the local business community, government, university students, and others will benefit from CAI resources and training, including its comprehensive education and credentialing programs. In addition to training and development, the CAI Canada Chapter will offer members the opportunity to attend networking and social events. "CAI Canada will work to promote industry best practices as well as foster collaboration among local professionals and with other CAI chapters," said Denise Lash, CAI Canada committee member. “This is one more step in establishing CAI as an international network of professional managers and community leaders," said Thomas M. Skiba, CAE, CAI's chief executive officer. "And in establishing this new chapter, CAI can provide community managers in Canada with access to industry credentials and professional designations that are recognized throughout the world." For additional information about Community Associations Institute, please visit www.caionline.org. For additional information on the CAI Canada Chapter, visit www.caicanada.com.

Quorum February, 2017

WELCOME ABOARD Best in the West Air Conditioning & Heating, Inc. By Tara Abakumoff, Roseman & Associates

ASK ABOUT OUR CURRENT SPECIALS | 24 HOUR EMERGENCY SERVVICE

FAMILY OWNED SINCE 1980 LIC# 967982

SERVING THE COACHELLA VALLEY FOR OVER 30 YEARS

Best in the West was founded over 36 years ago out of the need for quality, reliable, and dependable A/C service in our valley. Since then, over 10,000 residents and businesses have trusted them into their homes and businesses to provide air conditioning repairs, service, routine maintenance, and system replacements. Over a third of the energy used in the United States is used to heat and cool buildings. Having a properly designed and installed air conditioning and heating system is critically important for residents and businesses managing energy costs.

Best in the West provides: • Free in-home consultation with an HVAC specialist. • Help selecting an energy-efficient air conditioning and heating system that meets each client’s individual comfort preferences and lifestyle. • Proper sizing of the equipment to meet the unique needs of each home or business. • Convenient ways to pay for installations. • Full factory warranties on all equipment and labor. Additionally, Best in the West offers a variety of indoor air quality products that target and combat indoor air pollutants. For more information about Best in the West, contact the office at 760-343-1002 or by email at bestinthewestac@aol.com.

WATER WISE

f your HOA has been considering a turf conversion or other conservation project, this is the perfect time to start the planning. Spring is just around the corner, an ideal season for making landscaping changes. Because participation in all of CVWD’s conservation programs requires that you apply first and be pre-qualified, it makes sense to begin this process now. Here are some of the conservation programs available for HOAs: Lawn Conversion: Remove your grass and convert to desert-friendly landscaping. For HOA customers, rebates are available at $1 per square foot up to a maximum of 25,000 square feet per project. Smart Irrigation Controller: Install this water saving device that automatically adjusts your irrigation run time. HOAs and businesses may be eligible for smart controller rebates of up to half the cost of the controller. Spray Nozzles: Convert less efficient spray nozzles to new generation rotary nozzles. Rebates are $4 per nozzle for a maximum of $10,000. Commercial Water Broom & Pre-Rinse Nozzles: Use these high-efficiency devices instead of traditional hoses and nozzles. They are free to eligible commercial customers. Toilet Replacement: Replace less efficient toilets with those using 1.28 gallons or less per flush. Businesses can apply for a rebate of one-half the product’s purchase and installation costs for a maximum of $140 per toilet. Rebate programs are designed to help customers reduce outdoor water usage, which is one of the best ways to meet your monthly water budget. For a complete list of conservation programs, tips for reducing water use and existing water-use restrictions, visit www.cvwd.org/conservation. Katie Evans is the Conservation Manager for the Coachella Valley Water District. She can be reached at kevans@cvwd.org or (760) 398-2661.

CVWD Announces Conservation Programs for HOAs By Katie Evans

SAVE THE DATE

BECOME A CAI DESIGNATED EDUCATED BUSINESS PARTNER Friday March 24, 2017

$99

THE CLASSIC CLUB 9:00 a.m. to 2:00 p.m.

INCLUDES LUNCH, CAI WORKBOOK, CAI NATIONAL TESTING, CAI DESIGNATION

Desert Area HOA Council (for HOA Board Members) Next Meeting: Thursday, February 16, 2017, 10:00 a.m. The Desert Area HOA Council is an educational organization for HOA Board Presidents and other board members that meets monthly at the Cathedral City Hall. The Chair of the HOA Council is CAI-CV Director, Mike Traidman, from Mira Vista HOA in Mission Hills. The Council’s next meeting is scheduled for Thursday, February 16th at 10:00 a.m. The speakers will be CAI-CV members Matt Lawton, CIRMS, from Prendiville Insurance Agency and Mike Graves, RS, from SCT Reserve Consultants. Both Matt and Mike have CAI’s highest professional designations in their fields. You won’t want to miss this meeting. CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

MEET THE BOARD SERVING AS PRESIDENT By Phyllis Harkins

We’ve all heard the phrase “servant leadership”, and as I think back many years to my parents’ servant leadership with many organizations in Delaware, I understand why I am “wired” the way that I am, to serve. When I read that 85% of homeowners in HOAs are satisfied with their HOA life, I know that we as professionals in this industry are doing our jobs. I arrived late into the HOA world; previously I worked over 21 years with Marriott Corporation on the east coast, responsible for 51 gift shop operations. Then I went into business with my then husband, and I learned the HVAC and refrigeration industry. After that, I worked for many years as a restaurant consultant and finally landed in the HOA world, where I have been for over 17 years as both a manager or as a board director. Currently I am the general manager of Portola Country Club HOA, and I am enjoying the rewards and challenges of managing a 55+ community with its 18-hole golf course and many amenities. And I don’t golf—go figure! My servant leadership also extends to the City of Palm Desert as this year’s Public Safety Commission chair, to the CACM board of directors and this year’s Legislative Committee chair, and to two ministries at my church. My friends often say that they think I am crazy. Goofy sometimes, yes that is me, especially when you see me outside on a sunny day with one or more spray paint cans in hand, but not crazy. I know that my servant leadership skills are helping others, and I want to know that I will, hopefully, leave our world a better place. Serving as your 2017 CAI-CV President is an honor and a privilege. Thank you for all that YOU do to increase our industry’s professionalism. Onward to a great year!!!

MEET THE COMMITTEE CHAIR Sue Anderson

By Erin Fujioka, G4S Secure Solutions

Sue Anderson is the 2017 Chair for the Coachella Valley’s newest committee, The Legislative Support Committee(LSC) which was started approximately 6 months ago. Sue is the Regional Director of Business Development for Adams Sterling Professional Law Corporation; founded 12 years ago specializing in HOA/ CID Law. Adams Stirling Professional Law Corporation is headquartered in Los Angeles with an additional office in the Riverside area that supports all Inland Empire and Coachella Valley clients. The Legislative Support Committee’s goal is to provide and strengthen the awareness within the community association industry of the legislative activities associated with CAI and Coachella Valley Chapter. The LSC also organizes and facilitates this information to chapter membership, organizes fundraising through events and the “Buck-A-Door” campaign in order to fulfill the Chapter’s financial commitments to CLAC in addition to assist with any other activities associated with the California Legislative Action Committee (CLAC). We are aiming to help grow the membership by bringing more interest to the Chapter. Making people more aware of their voice and how it can affect legislation will certainly bring value to potential members. We are also involved in assisting the Chapter is fulfilling its financial commitment to CLAC. Sue has been a member of the Coachella Valley CAI Chapter for the past 6 years enjoys being involved with the Chapter and volunteering on the committees; in the past she has served on the Oktoberfest, Quorum, Casino Night, Awards committee and now as the Legislative Support Committee Chair, which allows her to be a part of the CAI community. Sue attributes her new role as the Legislative Chair to lending a hand in her professional growth by providing an avenue to become more educated and have a stronger knowledge of the legislative processes that effect her clients and business partners. In her down time, Sue enjoys spending time with her four daughters who are 11, 12, 15 and 22 years old. Sue also has two dogs and two desert tortoises who will be in their family for generations to come with their 100 year life expectancy. Sue loves being active and being outdoors; she enjoys hiking and enjoying time with family and friends. The highlight of 2016 was when her eldest daughter graduated from Cal State Fullerton with her Bachelor’s Degree in Communication.

Quorum February, 2017

Advertisers ACCOUNTANTS & BOOKKEEPERS

ELECTRIC & WATER

MANAGEMENT COMPANIES

BRABO & CARLSEN, LLP................................................... 3

COACHELLA VALLEY WATER DISTRICT........................... 38

THE MANAGEMENT TURST.............................................. 21

ASPHALT

GATES & GARAGE DOORS

PEST CONTROL

AMS PAVING.................................................................... 13

AUTOMATION PRIDE.......................................................... 3

LLOYD PEST CONTROL...................................................... 2

ASPHALT MD’S.................................................................. 6

INSURANCE

POWERFUL PEST MANAGEMENT.................................... 15

PRENDIVILLE INSURANCE AGENCY.................................. 3

POOL WATER PURIFICATION

LAKE MANAGEMENT

PURIFIED POOL WATER................................................... 26

DWI................................................................................. 39

ROOFING

GURALNICK GILLILAND & KNIGHTEN.............................. 39

LANDSCAPING

BRS ROOFING.................................................................... 3

LAW OFFICE JENNIFER JAMES......................................... 3

CONSERVE LANDCARE.................................................... 25

LAW OFFICE OF PEGGY REDMON.................................... 26

PRO LANDSCAPEING INC................................................... 3

PETERS & FREEDMAN, L.L.P. .......................................... 25

SUNSHINE LANDSCAPE................................................... 39

BANKING

WATERRITE - VINTAGE ASSOCIATES, INC....................... 15

NPG ASPHALT................................................................... 9

ATTORNEYS FIORE RACOBS & POWERS, A PLC.................................... 4 GREEN BRYANT & FRENCH, LLP........................................ 6

MUTUAL OF OMAHA BANK................................................ 4 UNION BANK.................................................................... 37

ROOF ASSET MANAGEMENT........................................... 38 SUNTECH CONSULTING & ROOFING................................ 25 WESTERN PACIFIC ROOFING........................................... 15

SECURITY AMS SECURITY................................................................ 38 SECURITAS...................................................................... 26

Banking solutions to help your communities thrive At Union Bank®, we offer customized banking and lending solutions to meet the unique needs of the community association industry. With over 25 years of experience, our specialized HOA team applies their in-depth knowledge to help support and grow your business.

Jolen Zeroski, CMCA® Sr. Regional Account Executive 800-669-8659 jolen.zeroski@unionbank.com

Learn how we simplify banking and the financing of your projects at HOAbankservices.com.

Financing subject to credit and collateral approval. Other restrictions may apply. Terms and conditions subject to change.

HOA PROTECTION: SIMPLE & SECURE At AMS Security we understand your HOA’s specific safety needs to protect your community. Our HOA services include: -

Gate Systems Computer Networking Systems Vehicle Transponder Access Systems Transponder Vendor Management Community Management Software Video Surveillance Systems Perimeter Intrusion Detection Systems

As the leading experts in cutting-edge electronic security technology, AMS Security pairs unmatched expertise with exceptional customer service, delivering peace of mind to you and your residents.

Call today for a free quote:

760.341.3593 AMSprotectme.com 74-794 42nd Ave. Suite 1 Palm Desert Lic# 944895 ACO 6917

Water Wise Tips For Coachella Valley residents

Plant a waterefficient landscape. Desert-friendly plants use 50 to 75 percent less water than grass or tropical plants. Irrigate efficiently. Prevent water waste. Repair broken sprinklers CVWD offers a rebate for replacing nozzles with new water-efficient ones.

Find and fix indoor and outdoor leaks. Download copy of Water Wise at Home: A Guide to Finding Leaks at www.cvwd.org Learn more about CVWD’s rebate & discount program at www.cvwd/org/rebates

CAI’s Best Practices Report: Ethics “Ethical behavior” doesn’t have to be an oxymoron—especially when you have an ethics policy. Learn how to create your own, how others have done it and what sample codes cover.

Order Now at CAIONLINE.ORG Item 1800 only $12.95 REAL ROOFING KNOWLEDGE FOR REAL ROOFING SOLUTIONS

Inc.

Spray Polyurethane Foam Systems

Stay connected with us! (760) 398-2651 www.cvwd.org

Roof Repairs

Tile Systems

Roof System Maintenance

760 813 9999 w w w . R A M R O O F. c o m

Quorum February, 2017

Shingle & Shake Systems

Budget Reserves

C OAC H E L L A VA L L E Y C H A P T E R

A SS O C I AT I O N S I N ST I T U T E

Consulting

GURALNICK GILLILAND & KNIGHTEN _________________________________________________________________________________________________

• Corporate Counsel •

• Legal Opinions

• Assessment Lien and Foreclosure

• • Fees Paid by Delinquent Homeowner • Detailed Monthly Status Reports

40004 Cook St. Suite 3 Palm Desert, Ca www.gghoalaw.com Phone: (760) 340-1515 Fax: (760) 568-3053 For a Copy of our Legal Update Contact Melissap@gghoalaw.com CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

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

GREEN IS FOR LOCAL EVENTS

CAI-CV UPCOMING EVENTS

FEBRUARY CAI-CV’s Manager on the Run (MOTR) (for managers) WHEN: Friday, February 3, 2017, 8:30 a.m. WHERE: Sunshine Landscape, Thousand Palms CAI’s M201 Course (for managers) WHEN: Thursday-Friday, February 9-10, 2017 WHERE: Los Angeles CAI-CV’s Educational Program Lunch & Mini Trade Show (for all members) WHEN: Friday, February 10, 2017, 11:15 a.m. WHERE: Palm Valley Country Club, Palm Desert CAI’s M202 Course (for managers) WHEN: Thursday-Friday, February 23-24, 2017 WHERE: Riverside CAI-CV’s Committee Training (for CAI-CV Board, Committee Chairs & Co-Chairs) WHEN: Friday, February 24, 2017, 1:00 p.m. to 4:00 p.m. WHERE: Sunshine Landscape, Thousand Palms

MARCH CAI-CV’s Board Member Workshop (BMW) (for homeowners & board members) WHEN: Friday, March 3, 2017, 4:00 p.m. WHERE: Shields Date Garden Theater, Indio CAI-CV’s Corks for CLAC Wine Tasting (for all members) WHEN: Friday, March 3, 2017, 5:30 p.m. WHERE: Shields Date Garden, Indio

CAI-CV’s Educational Program Lunch & Mini Trade Show (for all members) WHEN: Friday, March 10, 2017, 11:15 a.m. TOPIC: ASK THE ATTORNEY WHERE: SUN CITY PALM DESERT – NEW VENUE

CAI’S M100 Course (for managers & board members) WHEN: Thursday – Saturday, March 9-11, 2017 WHERE: Oxnard

CAI Annual Conference & Exposition May 3–6, 2017 | Caesars Palace Las Vegas

CAI’S M203 Course (for managers) WHEN: Thursday – Friday, March 23-24, 2017 WHERE: Santa Ana NEW - CAI-CV’s Educated Business Partner Course (for business partners) WHEN: Friday, March 24, 2017, 9:00 a.m. to 2:00 p.m. WHERE: The Classic Club, Palm Desert

2017 CORPORATE SPONSORS PLATINUM______

GOLD___________

SILVER__________

BRONZE________

AMS Paving Asphalt MD's Associa Desert Resort Management Conserve LandCare Diversified Asphalt EmpireWorks Fiore Racobs & Powers, A PLC KESQ NEWS Channel 3 ABC NPG Asphalt Pacific Western Bank Roof Asset Management Signarama Sunshine Landscape Vantage Point Construction Western Pacific Roofing

AMS Security BRS Roofing CBCI Construction Epsten Grinnell & Howell, APC Flood Response G4S Secure Solutions Lloyd Pest Control Mutual of Omaha Peters & Freedman, L.L.P. Prendiville Insurance Agency PrimeCo Purified Pool Water Vintage Associates

Artistic Maintenance, Inc Automation Pride Blue Sky Landscape Coachella Valley Water District DWI Farley Interlocking Pavers Horizon Lighting Painting Unlimited, Inc. Powerful Pest Management Seacoast Commerce Bank Three Phase Electric Union Bank Homeowners Association Services

Accurate Leak Locators Adams Stirling, PLC Albert Management, Inc. All Counties Fence and Supply Alliance Association Bank Animal Pest Management Association Reserves Bank of Southern California Best in the West Air Conditioning & Heating Dunn-Edwards Paint Corp. FirstService Residential Frazier Pest Control Frontier Communications Guralnick, Gilliland & Knighten Kasdan LippSmith Weber Turner, LLP

LaBarre/Oksnee Insurance Agency Law Office of Jennifer James, Esq. Millennium Community Management Patioshoppers Commercial Furnishings Powerstone Property Management Pro Landscaping, Inc. S.B.S. Lien Services SCT Reserve Consultants SERVPRO of Palm Desert SERVPRO of Palm Springs/Indian Wells Sherwin-Williams Paint Silldorf Law, LLP Suntech Consulting & Roofing The Management Trust U.S. Security Associates, Inc. Universal Protection Service Vista Paint Corporation