CAI-CV March HOA Living 2023

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Meet the Valley Management Companies Friday, March 10th 4:00 p.m. - 6:30 p.m. See page 45 FEATURES 10 Desert Breezes Casas Homeowners Association EMERGENCY PREPAREDNESS 14 Emergency Preparedness and Disaster Planning 19 Earthquake Preparedness: How Security Officers Can Help Before, During, and After Earthquakes 20 Best Practices for Earthquake Funding 26 Is Your Property Protected from the Next Big Earthquake? The Last Thing You Need to Worry about Is Having to Turn off the Gas at One of Your Managed Communities. 29 MARCH 24 EARTHQUAKE PREPAREDNESS PROGRAM SUN CITY PALM DESERT 32 Earthquake & Emergency Preparedness (What Every Association Should Know) 36 Community Associations and Earthquakes – An Ounce of Prevention Can Keep an Association on a Solid Foundation 43 The Coachella Valley Disaster Preparedness Network COMMUNITY ASSOCIATIONS INSTITUTE | COACHELLA VALLEY CHAPTER MAGAZINE MARCH 2023 MARCH 2023 $8.25

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40-004 COOK STREET, SUITE 5, PALM DESERT, CA 92211 | BRCPCAM.COM Ashley
760-345-2449
1009 alayton@brcpcam.com Rhonda
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1013 rdrews@brcpcam.com Melissa
928-763-7368 x 1001 mlayton@brcpms.com HOA Living | MARCH, 2023 2
Layton, PCAM
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Drews, PCAM
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Layton, PCAM

In high school, Mike was caught digging a pool behind the football field… by hand! Today he remodels pools! Was there ever any doubt?

Remodeling pools and Back yards since 1969 Qualit y work at a fair price

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CAI-CV.org facebook.com/CAICV @CAI-CV 3

NEW AND RENEWING MEMBERS

NEW BUSINESS PARTNER MEMBERS

ARMSTRONG GARDEN CENTER

Ms. Laura Weaver (626)422-2891 Lweaver@armstronggarden.com

GOLDSTAR ASPHALT PRODUCTS

Ms. Kortney Burke (951)345-5590 kburke@goldstarasphalt.com

WHITESTONE INDUSTRIES

Mr. Carlos Corado (888)567-2234 ccorado@wsindustries.com

RENEWING BUSINESS PARTNER MEMBERS

CRT ROOFING CO.

Mr. Jorge Solano (909)782-0352 jorgejr@crtroofing.com

TESERRA

Mr. James Harebottle (760)398-9222 jimh@teserraoutdoors.com

VANTAGE POINT CONSTRUCTION, INC.

Ms. Cami Staviski (760)340-5157 vpcofficemgr@gmail.com

C.L. SIGLER & ASSOCIATES, INC.

Mr. Chris Sigler (408)922-0262 chris@siglercm.com

GARDNER OUTDOOR AND POOL REMODELING

Mr. Mark Feldstein (714)630-6300 markf@gardnerremodel.com

PRENDIVILLE INSURANCE AGENCY

Mr. Matthew Lawton, CIRMS (760)770-5868 Matt@PrendivilleAgency.com

ROSEMAN LAW, APC

Ms. Teresa Agnew (818)380-6700 (107) agnew@roseman.law

SEGAL INSURANCE AGENCY, INC. – FARMERS INSURANCE GROUP

Mr. Steven G. Segal (800)345-8866 steve@segalins.com

SUN KING ELECTRIC, INC

Mr. Shaun Johnson (760)898-1388 linda@sunkingelectric.com

NEW MANAGER MEMBERS

DESERT RESORT MANAGEMENT

Ms. Stacey Baker (760)346-1161 sbaker@drminternet.com

Ms. Ronnica Ann Marroquin (760)346-1161 rmarroquin@drminternet.com

Ms. Laura Meyer (760)346-1161 lmeyer@drminternet.com

Mr. Jacob Schearer (760)346-1161 schearer@drminternet.com

Ms. Maria White (760)346-1161 mwhite@drminternet.com

FIRSTSERVICE RESIDENTIAL

Ms. Nelly Alcocer Nagy (818)823-7724 nelly.alcocer@fsresidential.com

PERSONALIZED PROPERTY MANAGEMENT CO.

Mr. Edgar Alonso Gomez Perez (760)325-9500 Ext. 259 gomezinc31@outlook.com

PREMIER COMMUNITY ASSOCIATION MANAGEMENT

Ms. Alexus Pavia (760)345-2449 apavia@brcpcam.com

WINCHESTER AND ASSOCIATES INSURANCE SERVICES

Ms. Cindi Monaco (951)296-6678 cmonaco404@gmail.com

RENEWING MANAGER MEMBERS

DESERT RESORT MANAGEMENT

Ms. Karen Susette Brimhall (760)346-1161 kbrimhall@drminternet.com

Mrs. Maria Christina Enriquez, CMCA, AMS (760) 346-1161 cenriquez@drminternet.com

Ms. Karena Figueroa Luttmers (760)346-1161 kluttmers@drminternet.com

Ms. Jennifer Huntsman (760)346-1161 jhuntsman@drminternet.com

Mr. Terry Kramer (760)772-2092 tkramer@drminternet.com

Ms. Amber Marie Libertini-Cochran (760)346-1161 alibertini@drminternet.com

Ms. Deanna McLaughlin (760)346-1161 dmclaughlin@drminternet.com

FIRSTSERVICE RESIDENTIAL CALIFORNIA, LLC

Ms. Martha C. Fogg martha.fogg@fsresidential.com

MORNINGSIDE COMMUNITY ASSOCIATION

Mrs. Michele Abdelnour, CMCA, AMS (760)328-3323 mabdelnour@morningsideca.com

PERSONALIZED PROPERTY MANAGEMENT CO.

Mrs. Patricia Marie Moeller (760)325-9500 pmoeller@ppminternet.com

REALMANAGE

Ms. Candra Rodriguez (714)288-2620 candra.rodriguez@realmanage.com

SEABREEZE MANAGEMENT COMPANY, INC.

Ms. Cynthia E. Bolander (760)780-4282 cyndi.bolander@seabreezemgmt.com

Mr. Steven Shuey, PCAM (760)250-1821 IslandMgr@aol.com

NEW HOMEOWNER LEADERS

AMERICAN VILLAGE HOA

Mr. Steven Murphy

CANYON SHORES CONDOMINIUM ASSOCIATION

Ms. Sally Armitage

Mr. Stacy Danfifer

Mr. Dell Jones

Mr. Andrew Mcleod

Mrs. Caroline Rosenthal

EL DORADO PALMS ESTATES

Mr. Reynaldo Bermudez

VINEYARDS COACHELLA OWNERS ASSOCIATION

Mr. Keith Ranger

Mr. John Schretlen

WATERCOLORS AT LA QUINTA HOMEOWNERS ASSOCIATION

Ms. Carol Lea

Ms. Michelle Wulfe

RANCH CLUB PALM ESTATES

Mr. David L Scott

RENEWING HOMEOWNER LEADERS

LA ROCCA CONDOMINIUM OWNERS ASSOCIATION

Ms. Cimberly Castellon

Mr. Kevin Corrigan

Ms. Amy Eirew

Mr. Steven Fain

Ms. Mary Hafner

Ms. Gail Halverson

Ms. Renee Hillier

Mr. Brian Jaffe

Mr. David Slagle

Ms. Marty Swiderski

Mr. Michael Taber

Ms. Patricia Werry

Mr. Scott Werry

SUMMERSET SPRINGS HOMEOWNERS ASSOCIATION

Ms. Krista Burrell

Mr. Anthony Duran

Mr. Bill Noren

Ms. Ingela Sidhu

Mr. Gary Lee Smith

Mr. Paul Pope

TOSCANA HOMEOWNERS ASSOCIATION

Ms. Sharon Kohls

Mr. J. Michael Lee

Mr. Jeffrey Richter

HOA Living | MARCH, 2023 4

AMS CHAIR

The Gaffney Group, Inc.

RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc.

MARILYN RAMOS, CO-CHAIR Guralnick & Gilliland, LLP

JENNIFER JAMES, ESQ. BOARD LIAISON HOA Legal Services

STEVEN SHUEY, PCAM BOARD LIAISON Personalized Property Management (Ret.)

CHRISTOPHER BAIR Securitas Security Services

BRIAN BERCE Golden Alliance Insurance

SIERRA CARR, CMCA, AMS, CCAM, PCAM Associa Desert Resort Management

GREG GRITTERS

Vintage Landscape

ASHLEY LAYTON, PCAM, AMS, CMCA Premier Community Association Management

GLENN A. MILLER, CGCS Southwest Landscape & Maintenance, LLC

JAMIE PRICER Coachella Valley Water District

JASON SAVLOV, ESQ. Adams | Stirling, PLC

CHRIS SIGLER, B.S.C.E, CDT C.L. Sigler & Associates, Inc.

LORENA STERLING, CAFM Community Association Financial Services

CREATIVE DIRECTOR & GRAPHIC DESIGNER

RODNEY BISSELL

Bissell Design Studios, Inc. rodney@bisselldesign.com

(714) 293-3749

SUBSCRIBER SERVICES

ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION HOALiving@cai-cv.org CAI-CV EDUCATED BUSINESS PARTNER CAI-CV.org facebook.com/CAICV @CAI-CV 5

FEATURES 10 Desert Breezes Casas Homeowners Association By Ashley Layton, PCAM, AMS, CMCA 14 Emergency Preparedness and Disaster Planning By BG (Ret.) Guido Portante 19 Earthquake Preparedness: How Security Officers Can Help Before, During, and After Earthquakes By Christopher Bair 20 Best Practices for Earthquake Funding By Lorena Sterling, CAFM 26 Is Your Property Protected from the Next Big Earthquake? The Last Thing You Need to Worry about Is Having to Turn off the Gas at One of Your Managed Communities By Brian James 32 Earthquake & Emergency Preparedness (What Every Association Should Know) By Glenn A. Miller, CGCS 36 Community Associations and Earthquakes – An Ounce of Prevention Can Keep an Association on a Solid Foundation By Sam I. Khil, Esq. 43 The Coachella Valley Disaster Preparedness Network DEPARTMENTS CLAC UPDATE 17 CAI-CLAC Advocacy Update MANAGER’S PERSPECTIVE 38 Why Managers Consider CAI Designations By Dan Goodrich, PCAM, AMS, CMCA, CCAM 44 Managers ARE Your Community’s Ambassadors By Dan Goodrich, PCAM, AMS, CMCA, CCAM WATER WISE 42 Rebates Ease Cost of Replacing Turf By CVWD HOA LAW 22 The Election Process for Community Associations By Epsten, APC 2023 HOA LIVING COMMITTEE MEMBERS MEAGHAN GAFFNEY-HOWE, CMCA,
The Coachella Valley HOA Living 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 HOA Living are subject to editing and rewriting by the HOA Living Committee. CAI-CV EDUCATED BUSINESS PARTNER

Talk to us about

CAI-CV

EDUCATED BUSINESS PARTNER

Choose Educated Business Partners

Julie R. Balbini, Esq., Fiore Racobs & Powers, A PLC

Micha Ballesteros, Cartwright Termite & Pest Control, Inc.

Roxi K. Bardwell, Advanced Reserve Solutions, Inc.

Rodney Bissell, Bissell Design Studios, Inc.

Kimberly Burnett, DSI Security Services

Gary Butler, Asphalt MD's

Linda Cardoza, Alliance Association Bank

Will Cartwright, Cartwright Termite & Pest Control, Inc.

Todd Chism, PatioShoppers

Tiffany Christian, Epsten, APC

Angel Christina, Delphi Law Group, LLP

Lori Fahnestock, Powerful Pest Management

Dea Franck, Esq., Epsten, APC

Julie Frazier, Frazier Pest Control, Inc.

Elaine Gower, The Naumann Law Firm, PC

Michael Graves, SCT Reserve Consultants

Amanda Gray, Harvest Landscape, Inc.

Jennifer James, Esq., HOA Legal Services

Erin Kelly, Pacific Western Bank

Megan Kirkpatrick, Kirkpatrick Landscaping Services

Jared Knight, Vista Paint Corporation

Katy Krupp, Fenton Grant Mayfield Kaneda & Litt, LLP

Matt Lawton, CIC, CIRMS, Prendiville Insurance Agency

Larry Layton, Kirkpatrick Landscaping Services

Alison LeBoeuf, Sherwin-Williams

Mike Mastropietro, OCBS, Inc.

Chris Meyer, Asphalt MD's

Greg Morrow, Eagle Roofing Products

Fran Mullahy, Conserve LandCare

Bridget Nigh, BEHR Paints

Matt Ober, Esq., Richardson Ober DeNichilo LLP

Chet Oshiro, EmpireWorks

Mallory Paproth, SCT Reserve Consultants

Elisa Perez, Esq., Epsten, APC

Jay Powell, Ben's Asphalt

Dana Pride, Automation Pride

Mike Rey, Rey Insurance Services

Kelly Richardson, Esq., Richardson Ober DeNichilo LLP

Brent Sherman, Animal Pest Management Services, Inc.

Liz Williams, AMS Paving

Taylor Winkle, Roof Asset Management

Bevan Worsham, AMS Paving

Become

Jolen Zeroski, CIT

Business Partner

Call the CAI-CV office or go to www.cai-cv.org for more information.

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2023 COACHELLA VALLEY

CHAPTER BOARD OF DIRECTORS

PRESIDENT

JULIE BALBINI, ESQ.

Managing Attorney, CV Office, Fiore Racobs & Powers, A PLC

PRESIDENT-ELECT

CLINT ATHERTON, PCAM

General Manager, Sun City Palm Desert

SECRETARY

ERIN KELLY

Manager, Pacific Western Bank

TREASURER

BG (RET) GUIDO PORTANTE

Director, Mira Vista at Mission Hills HOA

DIRECTOR

MARK DODGE, CMCA, AMS

Branch President & CEO, Associa Desert Resort Management (DRM)

DIRECTOR

DAN FARRAR, CMCA, AMS

General Manager, Ironwood HOA, FirstService Residential

DIRECTOR

JENNIFER JAMES, ESQ.

Attorney, HOA Legal Services

DIRECTOR

BRUCE LATTA, CMCA

Manager, Indio Properties/President, Desert Cities HOA Council

DIRECTOR

MICHELLE LOPEZ, CMCA, AMS

Director of Community Management, Powerstone Property Mgmt.

DIRECTOR

BRIDGET NIGH

Regional Account Manager, Behr Paint Company

DIRECTOR

LILY ORTEGA, CMCA Office Manager, Pro Landscape

CAI Coachella Valley Office

75410 Gerald Ford Drive, Suite 102 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

The materials contained in this publication are designed to provide our members with timely and authoritative information; 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. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.

Friday, February 17, 2023,

40

Saturday, February 11, 2023, Sun City Shadow Hills

CHAPTER NEWS 4 New and Renewing Members 6 Educated Business Partners 8 President’s Message 9 List of Advertisers 17 Emergency Preparedness Puzzle 30 Titanium Spotlight AMS Paving 33 Meet New Board Member Brigadier General (Ret.) Guido J. Portante, Jr. By Meaghan Gaffney-Howe, CMCA, AMS 39 In Memory of Balvina “Bina” Ramirez 39 Have You Heard? 48 Corporate Sponsors UPCOMING EVENTS 13 CAI-CV Spring Golf Tournament – Cinco de Mayo Friday, May 5, 2023 16 CLAC Advocacy Week 2023 April 24-27, 2023 By Mike Traidman 29 CAI-CV Educational Lunch Program & Mini Trade Show Earthquake & Emergency Preparedness Friday, March 24, 2023, Sun City Palm Desert, 11:15 a.m. 31 CAI’s M-340 – Managing the Large-Scale Association March 23-24, 2023, Sun City Palm Desert 43 CAI Board Leader Certificate Course Saturday, April 15th & Saturday, September 9th 45 Meet the Management Companies Friday, March 10, 2023, The Classic Club, Palm Desert 4:00-6:30 p.m. 46 Water Conservation Summit & Expo: H2O for HOAs Wednesday, April 5, 2023, 9:00 a.m.-3:00 p.m. 48 Upcoming Event Registration Links PAST EVENT PHOTOS & SPONSORS 34 Valentine’s Breakfast – Love Your Valley: Economic Development
Desert Willow Golf Club
CAI-CV and City of Indio HOA Workshop
CAI-CV EDUCATED BUSINESS PARTNER CAI-CV EDUCATED BUSINESS PARTNER CAI-CV EDUCATED BUSINESS PARTNER CAI-CV.org facebook.com/CAICV @CAI-CV 7

President’s Message

Happy March to all our HOA industry members! CAI-CV has some great news. The Chapter continues to grow. We have added 42 members since January. New membership is up by 12%, and our retention rate for existing members exceeds 83%. We are averaging about 10% higher than CAI National. On behalf of the CAI-CV Board, I want to thank our Membership Committee, our Membership Sponsor, Prendiville Insurance Agency, and all of our recruiters for their help keeping the Chapter thriving.

CAI’s National Conference is coming up, May 17-20, and provides an exciting variety of educational opportunities for all our members. This year’s conference will be held at the beautiful Hilton Anatole in Dallas, Texas. If you are planning to attend, please let the CAI-CV office know so we can coordinate schedules and dinners. Registration links can be found on page 48. I will be there, representing the Chapter, and look forward to seeing you there!

All eight of the California CAI chapters will jointly host CAI’s Common Interest Development (CID) Workshop split into half-day sessions on Monday, March 6, Wednesday, March 8, and Friday, March 10, from 9:00 a.m. to 11:45 a.m., via Zoom. The CID Law Course is required for CAI designated managers to be considered “certified” under California law. This course is also a great opportunity for community board members who want an in-depth overview of California HOA law. See page 48 for the registration link.

On Tuesday, March 7, we have a Board Member Workshop (BMW) combined with the Desert Cities HOA Council (DCHC), via Zoom, at 10:00 a.m., on the topic of “Landscape Conversions.” Our guest speakers are Richard Calquhoun (Sunshine Landscape), Mike Traidman (Mira Vista at Mission Hills HOA), and Melinda Weinrich (Desert Water Agency). This class is offered, free of charge, to community board members and managers.

The Chapter’s annual Meet the Management Companies event will be held on Friday, March 10, at The Classic Club, from 4:00 p.m. to 6:30 p.m. We hope all our members will come to meet executives from the Valley’s management companies. Community board members will receive a $10 gas card if they register online! See page 45 for more information.

The Chapter will offer its first advanced CAI national course for managers interested in learning about managing large-scale associations. The M-340 (Large Scale Management Course) will be offered at Sun City Palm Desert, on Thursday - Friday, March 23-24. This course is a requirement for CAI’s Large Scale Manager (LSM) designation and is only offered one other time in the continental U.S. this year. Sponsorships are available!

Our next Educational Lunch Program and Mini Trade Show will be back at Sun City Palm Desert, on Friday, March 24, at 11:15 a.m. The topic is “Prepare for Emergencies” and will focus on earthquake and disaster preparedness for HOAs and residents. Our guest speakers are Dr. Dilip Khatri, PhD, SE (Khatri International, Inc.), and Carla Sullivan-Dilley (Coachella Valley Disaster Preparedness Network). I hope we will see representatives from all our HOA members at this important program. More information can be found on page 29.

Thanks to the Education Committee for two spectacular educational classes in February. On Tuesday, February 7, they hosted a joint Board Member Workshop (BMW)/Desert Cities HOA Council (DCHC) class on “HOA Security & Safety," with guest speakers Roger Langner (Toscana Country Club) and Josh Holkesvig

HOA Living | MARCH, 2023 8

(Riverside County Emergency Management Department). This was a very informative program. I also want to thank our February 23rd Manager on the Run (MOTR) guest speakers, Chris Sigler, B.S.C.E., CDT (C.L. Sigler & Associates), and Holly Smith, PCAM (Associa Desert Resort Management), for presenting “Managing Maintenance Planning” via Zoom. I encourage all of our members to take advantage of these excellent educational programs, which are continuing to be offered via Zoom, in order to keep them accessible to as many people as possible.

On Saturday, February 11, the Chapter’s Homeowner Leader Committee co-hosted its first HOA Workshop with the City of Indio. The workshop was held at Sun City Shadow Hills, and we are grateful for the help of their General Manager, Cari Burleigh, CCAM.LS.AS, AMS, and Assistant General Manager Vanessa Ayon, who coordinated the logistics for us. You can read about the event and see photos on page 40. Thanks again to the Homeowner Leader Committee for all their help and many hours of preparation for this fantastic community building event.

On February 17, the Chapter’s Educational Program and Mini Trade Show was a Valentine’s Day themed breakfast event, at Desert Willow Golf Resort. Thanks to guest speaker, Bob Wright (Riverside County Office of Economic Development) for his outstanding presentation on the Valley’s economy and what HOAs can expect in the upcoming months and years. Bob is a longtime member of CAI and served as CAI-CV President in 2005. We appreciate the diligent work of the Programs Committee for their creativity and hard work on our first breakfast program in ten years.

Just a reminder that you can sign up for any of our March and April events online, at www. cai-cv.org, or by using the links on page 48.

We look forward to seeing you soon!

WESTERN PACIFIC Roof ing Corporation Since 1949 “Complete Roof ing 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 Contractors Lic. # 235717 ADVERTISERS AUDIT & TAX SERVICES NEWMAN CERTIFIED PUBLIC ACCOUNTANT, PC ......................... 39 BANKING POPULAR ASSOCIATION BANKING ................................................... 6 CONSTRUCTION VANTAGE POINT CONSTRUCTION ................................................... 18 CONSTRUCTION MANAGEMENT C.L. SIGLER & ASSOCIATES, INC. ....................................................21 DESIGN BISSELL DESIGN STUDIOS INC. ...................................................... 18 EMERGENCY RESTORATION FLOOD RESPONSE ............................................................................. 47 LANDSCAPING PRO LANDSCAPING, INC. ...................................................................21 LEGAL DELPHI LAW GROUP, L.L.P. ................................................................ 6 FIORE RACOBS & POWERS, A PLC .................................................. 18 MANAGEMENT COMPANIES PREMIER COMMUNITY ASSOCIATION MANAGEMENT .................. 2 POOLS GARDNER OUTDOOR AND POOL REMODELING .............................. 3 PEST CONTROL POWERFUL PEST MANAGEMENT .....................................................21 ROOFING ROOF ASSET MANAGEMENT .............................................................21 WESTERN PACIFIC ROOFING ............................................................. 9 CAI-CV.org facebook.com/CAICV @CAI-CV 9
Julie

Desert Breezes Casas Homeowners Association

Desert Breezes Casas Homeowners Association is in Palm Desert and is comprised of 247 Mediterranean villa homes in a park-resort setting with spectacular views and lots of palm trees. There are six floor plans ranging from two-bedroom/ two-bath homes to three-bedrooms/two-bath homes, all with attached two-car garages. The homes range in value between $450,000 and $600,000.

HOA Living | MARCH, 2023 10

Owners within Desert Breezes Casas enjoy amenities such as five community pools, four spas, a gym, tennis and pickleball courts, impressive greenbelts with walkways, and a clubhouse with a separate pool and spa. Monthly assessments are currently $400.00. Also included in the monthly assessment are landscaping and maintenance of homeowners’ front and exterior side yards and refuse collection. Board Vice President Jill Callahan Knoff said, “Desert Breezes Casas is a conveniently located and diverse community with breathtaking views of nearby mountain ranges. We are an active community that is pet friendly with plenty of beautiful walking areas.”

CAI-CV.org facebook.com/CAICV @CAI-CV 11
The Association is located within Desert Breezes Master Association along with Desert Breezes Timeshare, Desert Breezes Villas, and Four Seasons. The Association was developed by Las Brisas Associates between 1984 and 1989 on land that used to be a date farm. Within a mile of the Association, you will find the Indian Wells Tennis Gardens, Southwest Church, grocery stores, and a variety of restaurants.

The Association is continuing to do its part with water conservation, by following all CVWD guidelines, skipping overseeding, and only irrigating at night. Over the past two years, they removed turf and installed desert landscaping along edges of the greenbelts, resulting in saving 600,000 gallons of water per year.

The board is comprised of five members, who are supported by the following committees: Architectural, Landscaping, Finance, Accounting, Rules and Regulations, Sunshine, Pool, and Communication. The Association works with numerous CAI-CV business partners including Associa Desert Resort Management, Asphalt MD’s, Dunn-Edwards Paints, Patrol Masters, Southwest Landscape, Newman and Associates, Delphi Law Group, LLP, Adams Stirling, and Horizon Lighting.

Desert Breezes Casas Homeowners Association is Managed by Sierra Carr, PCAM, CMCA, AMS, CCAM with Desert Resort Management. Sierra can be reached at 760-346-1161 or via email at SCarr@drminternet.com.

Ashley Layton, PCAM, AMS, CMCA is Vice President of Premier Community Association Management. She can be reached at 760 345 2449 or email her at ALayton@brcpcam.com. www.brcpcam.com

HOA Living | MARCH, 2023 12
Sun City Palm Desert – Santa Rosa Course Friday, May 5, 2023, 7:30 a.m. Tee Time FOURSOMES: $600 SPONSORSHIPS AVAILABLE SIGN UP ONLINE AT www.cai-cv.org or call (760) 341-0559 CAI-CV.org facebook.com/CAICV @CAI-CV 13

Emergency Preparedness and Disaster Planning

Southern California Fault Lines

Disasters don’t wait. Take care of you and your family first.

Death toll from earthquake tops

50,000 at Syria-Turkey border. This could happen in Southern California and the Coachella Valley.

Background: Historical and geological data indicate that we live in an area which could be subject to a major earthquake. Other emergencies such as highway or railroad accidents, civil disturbances, terrorist activity or possible acts of war, massive rain or wind, widespread power outages, wildfires, hazardous material accidents all could threaten the safety of our community. Following a catastrophic disaster, it could be days before government agencies are able to provide households and neighborhoods with all the help needed. Disaster planning must provide for a total disruption of all utilities and community services (water, gas, electric, telephones - land and cellular, sanitation, street blockages, maximum demand for police, fire and rescue, and medical services). All individuals and homeowners should be prepared to be self-sustained for a minimum of 72 hours to one (1) week as a minimum. In the Coachella Valley it is not unrealistic to have 7.5 magnitude earthquake. Individuals and homeowners should be prepared to be self-sustained for most likely a week or more.

Disaster preparedness begins with you! Individuals must focus on disaster and emergency preparedness before the disaster and emergency happens. Planning is essential to ensure that individuals and families are secure and safe.

As individuals prepare for disasters, homeowner associations must be prepared with an emergency preparedness plan as well. “Doing the Greatest Good for the Greatest Number of People”.

The following "Seven Steps to Earthquake Safety" is provided by Earthquake Country Alliance Southern California. Check out their site at https://www.earthquakecountry.org/ socal/

HOA Living | MARCH, 2023 14

Seven Steps to Earthquake Safety

Before the next big earthquake, homeowners may want to consider these seven steps that will make you, your family, or your workplace better prepared to survive and recover quickly:

Step 1:

Secure your space by identifying hazards and securing moveable items.

Step 4:

Prepare for Disasters: Limit the impacts that disasters have on you and your family. Minimize financial hardship by organizing important documents, strengthening your property, and considering insurance coverage.

Survive and Recover: During the next big earthquake, and immediately after, is when your level of preparedness will make a difference in how you and others survive and can respond to emergencies: Do not count on any outside first responders for at least a week.

Step 2:

Make a Plan: Plan to be safe by creating your emergency plan and deciding how you will communicate. Talk to your friends and family about how you will communicate before, during and after a disaster.

Step 3:

Build a Kit: Gather supplies that will last for several days after a disaster for everyone living in your home. Organize emergency supplies in convenient locations

Step 5:

Teach Family about Preparedness: Talk to your family about preparing for emergencies and what to do in case you are separated. Reassure them that they have a role to play in being ready for disaster Drop, Cover, and Hold On

Step 7:

Reconnect and Restore daily life by reuniting with others, repairing damage, and rebuilding community

Step 6:

Improve safety after earthquakes by evacuating if necessary, helping the injured, and preventing further injuries or damage.

After the immediate threat of the earthquake has passed, your level of preparedness will determine your quality of life in the weeks and months that follow:

The following websites contain further information on disaster preparedness planning.

American Red Cross: https://www.redcross.org/

Riverside County: www.riversideca.gov/ readyriverside

State of California: http://www.ca.gov

Coachella Valley Disaster Preparedness Network (CVDPN) www.cvdpn.org

FEMA: WWW.FEMA.GOV

Community Emergency Response Team (CERT) Program

Check with your city's website for their emergency preparedness plan.

In the event of an actual emergency — EVERYONE is responsible for his or her own emergency preparation, first aid, and survival skills.

BG (Ret) Guido Portante is the Chair of the CAI-CV Homeowner Leader Committee. He is a Board Member and Treasurer at Mira Vista at Mission Hills Homeowners Association. Guido can be reached by email to gportante@aol.com. You may find more information to help community board members at www.cai-cv.org.

CAI-CV.org facebook.com/CAICV @CAI-CV 15

MISSION OUR VOICE YOUR

MISSION OUR VOICE YOUR

Advocacy Week

CAI-CLAC: ADVOCATING FOR CALIFORNIA COMMUNITY ASSOCIATIONS

Advocacy Week 2023 WITH CAI-CLAC

Advocacy Week 2023 WITH CAI-CLAC

Advocacy Week 2023 WITH CAI-CLAC

Join us online to help educate legislators, seek support for specific bills and to connect with your industry peers.

Join us online to help educate legislators, seek support for specific bills and to connect with your industry peers.

Join us online to help educate legislators, seek support for specific bills and to connect with your industry peers.

JOIN US ONLINE

Working collaboratively with all eight California chapters, CAI-CLAC is excited to announce Advocacy Week 2023: Your Voice, Our Mission.

During this 4-day virtual event, CAI-CLAC’s lobbyist, Louie Brown and California community association homeowners, managers and business partners come together at virtual briefing sessions to learn how CAI-CLAC is working in Sacramento on their behalf in 2023.

Every year the California Legislative Action Committee (CLAC) holds an event with legislators from all over California. In the past the event was called “Legislative Day at the Capital” and a group of CAI members from the eight California chapters descended on the State Capital in Sacramento. Appointments were made by Louie Brown, our advocate in Sacramento with most state assemblymen and assemblywomen and our state senators along with their staffs. To be consistent with CAI National’s Advocacy events, we renamed our event, “Advocacy Week.” The sessions give us an opportunity to meet these legislators and staffs and promote those bills and agenda items that will positively affect our communities. In addition, we can describe changes to current bills we deem negative for our HOAs to help the legislators understand the negative impact they will have on our homeowners.

Working collaboratively with all eight California chapters, CAI-CLAC is excited to announce Advocacy Week 2023: Your Voice, Our Mission. During this 4-day virtual event, CAI-CLAC’s lobbyist, Louie Brown and California community association homeowners, managers and business partners come together at virtual briefing sessions to learn how CAI-CLAC is working in Sacramento on their behalf in 2023.

Virtual Legislative Meetings are scheduled with each California Chapter, local legislators and their staff.

Mike Traidman is a Director on the CAI-CV Board. He served as President of the Chapter for two years and currently serves as one of CAI-CV’s two CLAC Delegates. He is on the national CAMICB Board and serves as Chair of the Desert Cities HOA Council. Mike can be reached at mtraidman@yahoo.com.

HOA Living | MARCH, 2023 16

Monday, April 24 through Thursday, April 27, 2023

JOIN

Monday, April 24 through Thursday, April 27, 2023

Monday, April 24 through Thursday, April 27, 2023

JOIN US ONLINE Advocacy
WITH CAI-CLAC Monday, April 24 – Thursday, April 27, 2023
CAI-CLAC: ADVOCATING FOR CALIFORNIA COMMUNITY ASSOCIATIONS
Week
Register or learn more at caiclac.com.
US ONLINE
JOIN
Register or learn more at www.caiclac.com
JOIN US ONLINE
WITH CAI-CLAC Monday, April 24 – Thursday, April 27, 2023
Register or learn more at caiclac.com. US ONLINE
Virtual Legislative Meetings are scheduled with each California Chapter, local legislators and their staff.

CAI-CLAC Advocacy UPDATE

Your CAI-CLAC Advocacy Team has been active meeting with legislators in pursuit of authors for the legislative priorities identified at the Annual Planning Meeting. We are also monitoring every bill introduced, identifying those that might impact or benefit associations and forwarding them to our CAI-CLAC Task Forces for review.

CLAC is also continuing our efforts with Ricardo Lara, the California Insurance Commissioner. Our efforts to communicate the crisis of fire insurance affordability and availability for community associations is starting to pay off. Numerous legislators are hearing from constituents which is resulting in them contacting the Department of Insurance. Noise makes change in Sacramento and our noise is starting to pay off. Please keep it up. If you or your association is having issues securing insurance, please reach out to your State Assembly Member and Senator to let them know. Your local pressure is creating the energy we need to achieve some results!

Remember you can go to the 2023 CAI-CLAC Virtual Advocacy Week event webpage and get pre-registered to join us on Monday, April 24 - Thursday, April 27, 2023 and select your SPONSORSHIP OPPORTUNITY there too. We will have 10 separate Zoom sessions for people to participate in, as you choose. The Opening and Closing ceremonies will bookend eight-chapter focused virtual legislative meetings. We are excited about the program and hope you will plan to join us. For more information or to sponsor this event, contact Wendy at office@caiclac.com and watch for CAI-CLAC social media and e-newsletters that are being sent out to over 6,000 California homeowners.

If you haven’t already done so, you are encouraged to follow CAI-CLAC on Facebook, Twitter, LinkedIn and YouTube for ongoing news, resources, events and legislative action. AND, feel free to LIKE, SHARE and COMMENT on CAI-CLAC posts. This helps to spread our message and show the strength of our community. Call the CAI-CV office at (760) 341-0559 for more information or go to www.cacai.com.

EMERGENCY PREPAREDNESS

March 2023

Across

1 Seven Steps to (Blank) Safety

replacement paving company spotlighted in magazine

4 Assist in easing cost of replacing turf

New Board Member Brigadier General Guido J. Portante, Jr. spent time here Boards retain these to rely on their advice

8 Advanced Management Course offered byCAI-CV

10 (Blank) Shut-Off Valves can ensure safetyduring an earthquake

Desert Breezes (Blank) Can borrow from this account to pay for down payment for earthquake insurance Security Officers can inspect this climb before an earthquake

11 Boards should be this rather than deferunsafe structural issues

12 Larger associations have developed theseto prepare for an earthquake

Down

2 Asphalt replacement paving companyspotlighted in magazine

3 New Board Member Brigadier GeneralGuido J. Portante, Jr. spent time here

5 Boards retain these to rely on their advice

6 Desert Breezes (Blank)

7 Can borrow from this account to pay fordown payment for earthquake insurance

9 Security Officers can inspect this climbbefore an earthquake

Across Down 1 2 3 4 5 6 7 8 9 10 11 12 1 4 8 10 11 12 Seven Steps to (Blank) Safety Assist in easing cost of replacing turf Advanced Management Course offered by CAI-CV (Blank) Shut-Off Valves can ensure safety during an earthquake Boards should be this rather than
unsafe structural issues Larger associations have developed these to prepare for an earthquake 2 3 5 6 7 9
defer
Asphalt
CAI-CV.org facebook.com/CAICV @CAI-CV 17
CREATIVE | BRAND | STRATEGY WORKING WITH YOU TO CREATE EFFECTIVE DESIGN SOLUTIONS (714) 293-3749 BissellDesign.com Proud to be a part of the award winning CAI-CV team! A FULL-SERVICE LAW FIRM DEDICATED TO THE SUCCESS OF COMMUNITY ASSOCIATIONS > Legal Opinions > Enforcement > Governing Document Amendments > Contract Review > Assessment Collections > Litigation > Elections/Annual Meetings > General Legal Services The Recognized Authority in Community Association Law FIORELAW.COM 760-776-6511 HOA Living | MARCH, 2023 18

EARTHQUAKE PREPAREDNESS: How

Security Officers can help before, during, and after earthquakes…

Residential homes and community buildings can be seriously affected by even the slightest seismic activity. The larger the building, the more vulnerable it can be. Security officers can play an important role when implementing emergency response plans and helping to make sure everyone is safe before, during, or after an earthquake.

BEFORE AN EARTHQUAKE:

Although no one can predict when an earthquake will happen, security officers should always be aware, vigilant, and alert when seismic activity has been reported. As part of the security post orders, security officers should be inspecting the stairwells, corridors, walkways, streets, driveways, and other exits that would be used to evacuate a building or community. They can also remove obstructions and other items that may be likely to cause accidents during an earthquake. HOA management should work closely with their security company and officers to ensure that community patrol tours are performed on a timely basis to keep designated areas clear.

DURING AN EARTHQUAKE:

Officers may be responsible for triggering community alarm systems when they receive a report that there is an actual earthquake. By doing so, residents could be notified that there is an earthquake happening and can be directed to a designated safe place. It is important to make sure that all warning or communication systems are fully operational, frequently tested, and your security team is properly trained in procedures and systems during an earthquake.

Security officers can also help manage people, traffic and

CAN ALSO HELP MANAGE PEOPLE, TRAFFIC AND FIRST RESPONDERS DURING EVACUATIONS, ENSURING THEY ARE FOLLOWING THE PRACTICED AND PREDETERMINED EVACUATION DRILLS AND PROCEDURES."

first responders during evacuations, ensuring they are following the practiced and predetermined evacuation drills and procedures.

Security officers are trained to ensure the safety of property and people. They are also trained not to panic and to remain calm in these kinds of situations. This also allows them to work closely with law enforcement and government officials to give proper instructions to people and help direct them to safety.

AFTER AN EARTHQUAKE:

Security officers can work with emergency teams, law enforcement agencies, and first responders to patrol in and around buildings within the community for search and rescue purposes. Security officers can also help inform everyone when it has been deemed safe to return.

Homeowner associations should always have an earthquake preparedness plan to ensure the safety of everyone in their homes, buildings, gatehouses, and communities.

Christopher Bair is the Business Development Manager at Securitas Security Services in Palm Desert. Christopher can be reached at: (760) 779-0728 or by email at christopher.bair@securitasinc.com.

CAI-CV.org facebook.com/CAICV @CAI-CV 19
"SECURITY OFFICERS

Best Practices for Earthquake Funding

Earthquake risks in California continue to grow, and more HOA’s are considering and obtaining policies despite the costly premiums. According to the Uniform California Earthquake Rupture Forecast, in the next 30 years there is a 99% chance a 6.7 magnitude quake will strike somewhere in California. According to the U.S. Geological Survey, “The Big One” is modeled to be a 7.8 magnitude quake causing approximately $213 billion in economic losses.

DUTY TO PURCHASE EARTHQUAKE INSURANCE:

The association is not obligated to purchase earthquake insurance unless otherwise stated within the governing documents. Although a membership may vote against such policy the board has a fiduciary responsibility to make decisions on behalf of the membership versus their own best interest. Considering factors of fault line locations, types of soil, construction type, premiums, deductibles, and payout levels will help determine a board’s decision. According to the Business Judgement Rule, directors are not personally held liable of their decision if made in good faith on behalf of the association.

FUNDING THE INSURANCE POLICY:

Borrowing from the Reserve –An association in good health has the ability to borrow funds from the reserve account. The insurance policy can be paid directly from the reserves, eliminating finance fees. In this case, a ten-totwelve-month repayment plan from the operating account to the reserve account will pay back the insurance loan.

Finance

the Insurance Policy –

Many insurance carriers are willing to finance the policy premium with a 20% down payment and monthly installments. The down payment can also be borrowed from the reserve account with the intent to pay it back within twelve months.

SPECIAL ASSESSMENT & DUES INCREASE:

The board may consider a combination plan of assessing the membership up to 5% of its annual income and/or increase the monthly dues up to 20% without a membership vote. The difference can be borrowed from the reserve account and paid back.

Purchasing an earthquake policy is not an easy yes or no decision for either the membership or the board of directors. Whichever shake, rattle, and roll decisions are made, the board should have them explained thoroughly and well supported in the minutes. Always depend on the advice of professional advisors including your community manager and community counsel when making important community decisions.

Lorena Sterling, CAFM is the Controller at Community Association Financial Services (CAFS). Lorena can be reached at lorena@cafshoa.com Lorena Sterling, CAFM
HOA Living | MARCH, 2023 20
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The Election Process for Community Associations

WITHOUT ACCLAMATION - SB 323 & SB 754: Effective January 1, 2020; Updated January 1, 2022

Amend Election Rules

Civ. Code § 5105(h)

Latest: 90 days before election

Notice of Nominating Procedures with Deadline

Civ. Code § 5115(a)

Latest: 30 days before deadline for submitting nominations or 90 days before deadline if Board might approve candidates by acclamation (see Election Timeline Process with Acclamation).

Include: Civ. Code § 5105(c) & (d)

• Candidate qualifications

May also include: Civ. Code § 5105(e)

• Statement regarding right to IDR

Nomination Deadline

Civ. Code § 5115(a)(b)

Earliest: 30 days after Notice of Procedure and Deadline for Nominations

Latest: Day the Notice of Meeting & Candidate List is provided to members

Appoint or Elect Inspector(s) of Election

Latest: Before Notice of Meeting

Notification of Candidate Disqualification & Opportunity for IDR

Civ. Code § 5105(e) Civ. Code § 5900

Ideally: Before Notice of Meeting with Candidate List

Notice of Meeting/ Upcoming Vote

with Candidate List

Civ. Code § 5115(b)

Earliest: Deadline for Nominations

Latest: 30 days before ballot mailing

Must include:

• Candidate list and date, time, and physical address of meeting location and where and when ballots are to be returned by mail or handed to inspector of elections

Prepare Voter List & Allow Verification of Voter Information

Civ. Code § 5105(a)(7)

Latest: 30 days before mailing of ballots

Correct Errors in Voter List

Civ. Code § 5105(a)(7)

IDENTIFYING YOUR ASSOCIATION’S DEADLINES

• Use Timeline above to Calculate Your Association’s Election Dates & Deadlines.

• Start Early!

• Notify Attorney of Annual Meeting Date ASAP.

• Adjustments may be necessary for meetings held earlier or later in the month or year.

• Be certain to consider weekends/holidays when scheduling.

Earliest: Upon receipt

Latest: 2 business days after notice of error and prior to ballot mailing

≥ 90 days ≥ 60 days ≥Election-120 Days ≥Election-90 Days ≥Election-60 Days
THIS TIMELINE
IMPORTANT DATES. See below reminders, start with YOUR Annual Meeting HOA Living | MARCH, 2023 22
≥ 120 days USE
TO CALCULATE YOUR ASSOCIATION’S DEADLINES &

Ballot Mailing & Election Rules

Mailing/Website

Post Civ. Code § 5105(g)(4) Civ. Code § 5115(c)

Earliest: 30 days after Notice of Meeting & Candidate List is provided

Latest: 30 days before close of voting polls

Important Note: • Election rules can be posted via website in lieu of physical mailing only if “The rules governing this election may be found here (www...)” is included on the ballot in 12pt. font

ELECTION DAY: Annual Meeting/ Meeting to Open & Count Ballots Civ. Code § 5120

Date: Date set for Annual Meeting or other meeting to count ballots

Voting Deadline/ Close of Polls

Civ. Code § 5115(b)

Earliest: 30 days after ballot mailing

Latest: Close of polls by Inspector of Election

If applicable: Reconvened Annual Meeting/ Reconvened Meeting to Open & Count Ballots

Notice of Election Results

Civ. Code § 5120(b)

Earliest: Day ballots are counted

Latest: 15 days after ballots are counted

Only if permitted: Nominations from the Floor Civ. Code § 5105(f)

At the Annual Meeting or Reconvened Annual Meeting prior to the close of voting polls

SEP 1 JAN OCT 1 FEB NOV 1 MAR DEC 1 APR JAN 1 MAY FEB 1 JUN MAR 1 JUL APR 1 AUG MAY 1 SEP JUN 1 OCT JUL 1 NOV AUG 1 DEC ANNUAL MEETING START PROCESS BY ≥ 30 days 0 days ≤ 15 days ≥Election-30 Days ≤Ballot Count+15 Days Your Election/Annual Mtg (≥30 Days from Ballot Mailing) Meeting / Election Date and work backwards. START HERE *Timeline above is not to scale.
CAI-CV.org facebook.com/CAICV @CAI-CV 23
DISCLAIMER: The contents provided herein are the suggestions and opinions of Epsten Grinnell & Howell, APC on general legal issues involving California community associations and common interest developments. This content is for educational purposes only, is not intended for commercial use and may not be relied upon in addressing any specific legal issues. Specific policies and procedures that your association, management company and/or law firm have developed may differ and may fully satisfy all applicable laws. Copyright 2019 by EPSTEN GRINNELL & HOWELL, APC, unless otherwise indicated. These materials may not be reproduced or distributed without express permission of Epsten Grinnell & Howell, APC. Updated
01.01.2022

The Election by Acclamation Process for Community Associations

MAY ONLY BE USED IF REGULAR (BALLOTED) ELECTION HELD IN LAST 3 YEARS

Amend Election Rules

Civ. Code § 5105(h)

Latest: 90 days before election

Notice of Nominating ProceduresAcclamation

(Individual Notice)

Civ. Code § 5103

Latest: 90 days before deadline for submitting nominations

Information to include:

Civ. Code §§ 5103(d)

Civ. Code § 5105(b)(1)(A)-(D)

• Number of board positions to be filled

• Deadline for submitting nominations

• Process for submitting nomination

• Statement that if number of candidates is equal to or less than positions to be filled, then board may vote to seat candidates without membership vote

• Candidate qualifications

May also include:

Civ. Code § 5105(e)

• Statement regarding right to IDR

Appoint or Elect Inspector(s) of Election

Latest: Before deadline for nominations

Acknowledgment of Nomination -

Acclamation

Civ. Code § 5103(c)

Within 7 business days of receiving nomination:

Notification to Nominator

Provide written or electronic acknowledgment of receipt to member who submitted nomination

Notification to Nominee to Include:

• Whether nominee is a qualified candidate

• If not qualified, then provide basis for disqualification and IDR procedure to appeal disqualification

*Ifself-nominated,then combineNoticetoNominator andNoticeto Nominee

Reminder NoticeAcclamation

(Individual Notice)

Civ. Code § 5103(b)(2)

Earliest: 30 days before deadline for submitting nomination

Latest:

7 days before deadline for submitting nomination

Information to include:

• Same information as notice of nominating procedures; however, statement re: acclamation process is not required if the number of qualified candidates exceeds the number of positions to be filled

• A list of names of qualified candidates to fill board positions as of date of notice

Civ. Code § 51053(c)

Nomination Deadline

Must provide at least a 90-day nomination period

If applicable: Opportunity for IDR - Acclamation

Civ. Code § 5103

Earliest: During nomination process when disqualified candidate requests IDR

Latest:

The day before board agenda is posted with list of candidates for board to vote to approve slate of candidates

Inspector(s) of Election

Determine Whether of Qualified Candidates

Greater than Number of Director Positions to be Filled

Post Open Meeting Agenda

Civ. Code § 5103

Latest: At least 4 days open board meeting Include on agenda name(s) of each candidate if number qualified candidates than or equal to director positions

IDENTIFYING YOUR ASSOCIATION’S DEADLINES

• Use Timeline above to Calculate Your Association’s Election Dates & Deadlines.

• Start Early!

• Notify Attorney of Annual Meeting Date ASAP.

• Adjustments may be necessary for meetings held earlier or later in the month or year.

• Be certain to consider weekends/holidays when scheduling.

≥Election-155 Days ≥Election-155 Days ≥Election-95 Days ≥Election-65 Days ≥Election-64 ≥ 65 days ≥ 64 ≥ 155 days ≥ 155-65 days ≥ 95-72 days USE THIS TIMELINE TO CALCULATE YOUR ASSOCIATION’S DEADLINES & IMPORTANT DATES. See below reminders, start with YOUR Annual Meeting / Election Date and work backwards ≥Election-182
JUL 1 JAN AUG 1 FEB SEP 1 MAR OCT 1 APR NOV 1 MAY DEC 1 JUN JAN 1 JUL FEB 1 AUG MAR 1 SEP APR 1 OCT MAY 1 NOV JUN 1 DEC ANNUAL MEETING START PROCESS BY HOA Living | MARCH, 2023 24
Days
182 days

Associations

Inspector(s) Election to Determine Number

Qualified Candidates is than of Positions

Filled Open Board Agenda

5103 days before meeting agenda the each qualified number of candidates is less to number of positions to be filled

Open Board Meeting to Consider Election by Acclamation or Proceed with Owner Vote

Civ. Code § 5103(e)

Board votes to consider whether to elect qualified candidates listed on agenda by acclamation

New directors to take office on date of annual meeting or if no annual meeting is held, then on date of expiration of director terms expiring that year

IF MORE CANDIDATES THAN DIRECTOR POSITIONS TO BE FILLED, THEN BOARD CANNOT VOTE BY ACCLAMATION AND BALLOT ELECTION PROCESS TO MOVE FORWARD STARTING WITH NOTICE OF MEETING.

Notice of Meeting/ Upcoming Vote with

Candidate List

Civ. Code § 5115(b)

Latest: 30 days before ballot mailing

Must include:

• Candidate list and date, time, and physical address of meeting location and where and when ballots are to be returned by mail or handed to inspector of elections Prepare Voter List & Allow Verification of Voter Information Civ. Code § 5105(a)(7)

Latest: 30 days before mailing of ballots

Correct Errors in Voter List Civ. Code § 5105(a)(7)

Earliest: Upon receipt

Latest: 2 business days after notice of error and prior to ballot mailing

If Owner Vote is Required

Ballot Mailing & Election Rules

Mailing/Website Post Civ. Code § 5105(g)(4) Civ. Code § 5115(c)

Earliest: 30 days after Notice of Meeting & Candidate List is provided

Latest: 30 days before close of voting polls

Important Note:

• Election rules can be posted via website in lieu of physical mailing only if “The rules governing this election may be found here (www...)” is included on the ballot in 12pt. font

ELECTION DAY: Annual Meeting/ Meeting to Open & Count Ballots

Civ. Code § 5120

Date: Date set for Annual Meeting or other meeting to count ballots

Voting Deadline/ Close of Polls

Civ. Code § 5115(b)

Earliest: 30 days after ballot mailing

Latest: Close of polls by Inspector of Election

If required by governing documents: Nominations from the Floor Civ. Code § 5105(f)

At the Annual Meeting or Reconvened Annual Meeting prior to the close of voting polls

Notice of Election Results

Civ. Code § 5120(b)

Earliest: Day ballots are counted

Latest: 15 days after ballots are counted

If applicable: Reconvened Annual Meeting/ Reconvened Meeting to Open & Count Ballots

Election-64 Days ≥Election-60 Days ≥Election-60 Days ≥Election-30 Days Your Election/Annual Mtg (≥30 Days from Ballot Mailing) ≤Ballot Count+15 Days ≥ 30 days 0 days ≤ 15 days days ≥ 0-60 days backwards START HERE *Timeline above is not to scale. DISCLAIMER:
Copyright 2021 by EPSTEN, APC, unless otherwise indicated. These materials may not be reproduced or distributed without express permission of Epsten, APC. Updated 01.01.2022 CAI-CV.org facebook.com/CAICV @CAI-CV 25
The contents provided herein are the suggestions and opinions of Epsten, APC on general legal issues involving California community associations and common interest developments. This content is for educational purposes only, is not intended for commercial use and may not be relied upon in addressing any specific legal issues. Specific policies and procedures that your association, management company and/or law firm have developed may differ and may fully satisfy all applicable
laws.

Is Your Property Protected from the Next Big Earthquake?

The Last Thing You Need to Worry about Is Having to Turn off the Gas at One of Your Managed Communities

SEISMIC SHUT-OFF VALVES OR GAS SAFETY VALVES, WHAT ARE THEY AND WHY DO MY MANAGED COMMUNITIES NEED THEM?

California is earthquake-prone and the odds of a damaging quake occurring somewhere in the state are rising each year! The damage earthquakes cause to properties is not only due to the severe shaking but also from broken gas lines, which lead to gas fires or explosions. Unlike tornados or hurricanes, there is no early warning system available for earthquakes, so how can you protect the people who live and work in the properties you manage from fires or explosions caused by these large-scale earthquakes?

The simplest and most effective way to ensure the safety and preservation of human life is by installing seismic automatic gas shut-off valves on every gas meter. The shaking from an earthquake can cause a lot of damage—shattered glass, broken gas lines, and damage or destruction of buildings. Gas leaks from broken pipes are notorious for starting deadly fires and explosions. Seismic shut off valves (SSOVs) are essential for preventing gas fires in buildings located in earthquake-prone regions.

HOW DO SEISMIC SHUT-OFF VALVES WORK?

A seismic gas shut-off valve is installed downstream of your existing utility gas meter, which is the point that the property is responsible for the maintenance and service of

gas lines entering buildings. When a magnitude 5.4 or larger earthquake occurs, the movement causes the SSOVs to shut off the supply of natural gas to the building. When the valve is activated by movement, a sensor is triggered that moves a valve float inside the seismic valve, this float blocks the gas line and prevents gas from going into the building. After the event, the SSOVs can easily be reset, but only do so after you have completed a safety inspection and you are sure there are no gas leaks in the building.

YOU MIGHT ASK, “WHY DO I NEED TO INSTALL SEISMIC SHUT-OFF VALVES ON THE BUILDINGS AND COMMUNITIES THAT I MANAGE?”

The answer is simple! In high-risk earthquake zones like California, SSOVs are not a luxury, they are a necessity. Most of the damage that comes from earthquakes is from secondary sources such as fires caused by a gas leak. These gas line explosions are so prevalent that natural gas contributes to one of every four fires after an earthquake. SSOVs will greatly reduce the risk of an explosion if a gas line is broken or damaged after a major seismic event. Unlike a fire extinguisher that must have the contents replaced every year, SSOVs have a 30-year lifespan and are a great long-term solution to keep you safe.

HOA Living | MARCH, 2023 26

Some cities and counties in California have regulations that require the installation of automatic gas shut-off devices, they may include excess flow gas shut-off valves and/or seismic gas shut-off valves. Regulations vary, but generally apply to new building construction, or if significant alterations or additions to existing buildings are made that exceed $50,000 (see regulation below), or when the property is being resold. Some risk management firms recommend the installation of these valves for insurance purposes.

MANY CITIES IN CALIFORNIA HAVE ADOPTED CHAPTER 12 OF THE 2019 PLUMBERS CODE IN ITS ENTIRETY, WHICH REQUIRES CONDOMINIUMS TO INSTALL SSOVs WHEN THE VALUE OF WORK EXCEEDS $50,000.

1209.4.2 Existing Buildings. In any existing building, when any addition, alteration or repair is made for which a building permit is issued on or after the effective date of this Section and the valuation for the work exceeds $50,000.

EXCEPTIONS:

1. Buildings with individually metered residential units when the building contains 5 or more residential units, unless the units are condominiums.

2. For residential or mixed-use condominium buildings, valves are required when the value of the work exceeds $50,000 in any single condominium unit or when any work done outside of the units exceeds $50,000.

Unattended gas leaks can not only compromise your building’s safety but also put the residents at risk. Whenever there is a leak, there is a danger of fire (or even explosions) from the tiniest of ignition sources, including sparks from static electricity that you may not notice. Preventing damage to your buildings as well as minimizing downtime to residents will greatly reduce the financial loss from earthquakes.

WHAT IS THE BEST WAY TO PURCHASE SSOVs AND HAVE THEM INSTALLED IN YOUR COMMUNITIES?

SSOVs should be installed by a licensed plumbing contractor in accordance with the manufacturer’s instructions and using an approved and certified SSOV. Gas companies

(PG&E or SoCal Gas) do not install or service seismic actuated or excess flow gas shut-off valves, or recommend specific contractors for customer applications. There are very few dedicated natural gas engineering firms that specialize in this type of service, so it is important that you hire a certified, approved company for your local utility. The other factor in pursuing and hiring a contractor to perform this work is their knowledge of utility meter sets and the points of custody transfer on the utility gas meter train. A seismic shut-off valve is not to be installed on any portion of the gas meter set that is owned and operated by the utility company, and, in most cases, this can be a difficult line to determine. Without the proper knowledge, a seismic valve installed in the wrong location can result in fines from the utility company, improper gas flow, and gas safety issues.

With every SSOV installation, safety must be the contractor’s first and foremost priority and it is highly recommended that the contractor be vetted for their safety certifications, protocols and practices, as well as their experience in the installation of SSOVs in multi-family and mixed-use settings.

CAI-CV.org facebook.com/CAICV @CAI-CV 27

A CASE STUDY IN MULTI-FAMILY SAFETY

A multi-family, complex-wide SSOV installation was recently performed at a large HOA condominium complex in Danville, CA. The HOA installed a total of 165 SSOVs as part of a larger balcony restoration project (required by Chapter 12 of the 2019 California Plumbing Code). Over the three day installation period, the contractor had a project manager onsite that stayed in constant communication with the board and the residents, alerting each building when their gas was to be turned off and then turned back on, including staying on-site to accommodate residents returning home after 5 PM. As an added service, the contractor’s technicians inspected and restored the pilot lights of each resident’s hot water heater after the successful installation of the seismic valves. Several of these water heaters were original and more than 15 years old and were deemed unsafe. A local plumber was quickly brought in to assist those residents with problematic water heaters so they could quickly get them replaced, saving both time and money in the long run.

Although all the residents were informed of the installation by their management company, the contractor took the added steps of leaving a door tag at each residence 24 hours prior to their installation. After the seismic valves were installed, they left a second door tag for the resident alerting them that their gas was back on and a contact number to call if they needed help with their pilot lights.

Earthquakes happen frequently in California! Now that you are informed about SSOVs, it is recommended that you ensure the properties that you manage all have seismic shut-off valves installed. Just remember that if you are performing modifications or repairs valued over $50,000, SSOVs may be required! If you have questions about SSOVs or would like to have a quote on one of your managed communities, please reach out to a professional advisor, or a certified and approved contractor with your local gas company to pursue this important safety measure for your communities!

Brian James is the Founder, President and Operator of MBS Engineering a Commercial Natural Gas Engineering firm that has installed over 100,000 Seismic Shut-off valves throughout California, more than any other contractor. MBS is experienced in the areas of innovative gas line technology, gas infrastructure upgrades, emergency gas leak repair, temporary bypass solutions, state-of-the-art gas leak detection, natural gas safety programs, and first-hand experience of the dangers and risks specific to natural gas systems and is a certified PG&E gas installer. Before Brian founded MBS, he served as a member of the California Seismic Safety Commission Task Force addressing gas leaks after earthquakes. He can be reached by email (info@mbs.engineering) or by phone at 925-334-7200.

HOA Living | MARCH, 2023 28
Friday, March 24, 2023, 11:15 a.m. Sun City Palm Desert, 38180 Del Webb Blvd., Palm Desert Earthquake & Emergency Preparedness THANK YOU TO OUR SPONSORS SPONSORSHIPS AVAILABLE: CAI-CV EDUCATIONAL PROGRAM & MINI TRADE SHOW GUEST SPEAKERS Dr. Dilip Khatri, PhD, SE Khatri International, Inc. Carla Sullivan-Dilley Coachella Valley Disaster Preparedness Network TRADE SHOW BOOTH SPONSORS Accurate Termite & Pest Control Alan Smith Pools AMS Paving, Inc. Cooper Coatings, Inc. Khatri International, Inc. LaBarr/Oksnee Insurance Agency, Inc. Nissho of California, Inc. PatioShoppers, Inc. Prendiville Insurance Agency SCT Reserve Consultants, Inc. Vintage Landscape LIMITED CAPACITY Trade Show Booth Sponsor....$500 Handout Sponsor ...................... $500 Reserved Table Sponsor ......... $500 CLICK OR SCAN QR CODE FOR SPONSORSHIPS Scholarship Sponsor ................ $300 CLAC Sponsorship.................... $300 CLICK HERE OR SCAN QR CODE TO REGISTER Lunch and Trade Show Included 11:15 AM TO 1:30 PM $42 Members $52 Nonmembers & Walk-in Registrations Sun City Palm Desert CAI-CV.org facebook.com/CAICV @CAI-CV 29

SPONSOR

TITANIUM SPOTLIGHT

THANK YOU TO AMS PAVING. FOR THEIR GENEROUS SUPPORT OF CAI-CV.

AMS Paving has been proudly serving the Coachella Valley with Honesty, Integrity, and Quality for over 40 years. As one of the most respected paving companies in Southern California, we have earned the trust and respect of countless homeowners, board members, and community association managers.

Our services include asphalt replacement and new paving, overlays, patching, sealcoating, striping, ADA compliance, and asphalt education for managers. Having completed numerous projects in the Coachella Valley, we understand the local weather and geological factors and how they affect the way paving is performed. When you need an honest paving company with the highest level of integrity and years of quality workmanship, you need AMS Paving.

AMS Paving was founded by Bill Hawkins in 1981, and in 2002, Liz Williams, Vice President, was added to the team after 10 years of success in the community management industry. Liz has been a committed and influential leader in CAI, serving in various capacities on numerous committees; AMS Paving has been an active supporter in multiple chapters of CAI for more than 25 years.

AMS Paving is proud to be affiliated with CAI-CV as a Titanium Level Corporate Sponsor; and as a CAI Educated Business Partner, we are committed to its success and the attainment of its goal to improve the quality of life for the communities we serve.

PAVE PERFORM PROTECT
760.327.0800 ● amspaving.com ● @amspaving 75-150 Sheryl Ave., Ste. D, Palm Desert, CA 92211 Lic: #415436
HOA Living | MARCH, 2023 30

CAI NATIONAL M-340

HOSTED BY CAI-CV AT SUN CITY PALM DESERT

MARCH 23RD & 24TH, 2023

MANAGING THE LARGE-SCALE ASSOCIATION

LEARN HOW TO MEET THE UNIQUE NEEDS OF EXTENSIVE COMMUNITIES.

This on-site course provides tips on how to manage associations that have more than 1,000 units or 1,000 acres and an annual budget of at least $2 million.

COURSE LENGTH AND FORMAT

2 days | 9 a.m. - 5 p.m. both days. (This program is offered in-person only as it includes a live tour of a large-scale community association.)

TUITION

CAI member: $479 | Nonmember: $579

REGISTRATION

Register now for the M-340 classroom course (click or scan the QR code)

SPONSORSHIPS AVAILABLE

M-340 TITLE SPONSOR

$5,000 (Limit 1) SOLD

BREAKFAST SPONSOR

$500 (Limit 4)

LUNCH SPONSOR

$500 (Limit 4)

SUN CITY BUS TOUR SPONSOR

$500 (Limit 2)

SPONSORSHIPS REGISTER

CAI-CV.org facebook.com/CAICV @CAI-CV 31

Earthquake & Emergency Preparedness (What

Every Association Should Know)

We have all been touched by recent events in Turkey and Syria during the past several weeks as this region of the world has been devastated by a series of catastrophic earthquakes. Over 50,000 souls have been declared dead or missing, thousands have been injured, and the region has sustained billons of dollars of property damage, which may take years or decades to rebuild. These recent events should be a wake-up call for desert residents that we all need to be prepared for a significant earthquake to strike our valley. Many geologists believe that its not a question of if, but when, the Coachella Valley will sustain a major seismic event.

Many seismic experts believe our valley may be cut off from outside emergency services for a period of 48 to 72 hours, or longer during a major earthquake and that travel on Interstate 10 may be cut off or significantly impaired. Community managers and board members need to consider whether their association can continue to operate following a major earthquake or natural disaster. Does the community have a comprehensive plan in place to effectively deal with an emergency? If your answer in not in the affirmative, then you have some work to do to bring the preparedness for your association up to speed.

If your community is compromised of fifty residences or more, consider establishing a separate Emergency Preparedness Sub-Committee to develop a formal plan to safeguard your association. Large communities that have their own security personnel should consider having a plan in place that calls for security personnel to coordinate with sub-committee members following an earthquake or natural disaster. Associations should be prepared that in the event of a major earthquake, local law enforcement and emergency agencies may be too busy responding to other priority calls, and they may not be able to respond to requests from your community

during the initial 24 to 48 hours following a natural disaster. Your security personnel and residents should be prepared to act on their own during this time period.

Many larger associations have developed comprehensive emergency preparedness protocols which involve the maintenance of emergency supplies such as: bottled water, non-perishable food, first-aid supplies, portable radios, batteries, flashlights, cellphone chargers and backup batteries, and gasoline. Additionally, residents should have enough prescription medication to last for several days, or even two weeks if power is out for an extended period of time and pharmacies aren’t open. If you have pets, make sure you have enough extra pet food on hand for “furry” family members.

Another important tip is to have cash on hand since it's likely that automatic teller and credit card machines will not be operable for several days. Finally, make sure you have contact information for people you might need to notify if you have to leave your home.

Glenn A. Miller, CGCS, is the Vice-President of Operations of Southwest Landscape & Maintenance, LLC located in Indio. Glenn is also a Councilmember with the City of Indio. He can be reached at (760) 347-3388 or by email at glenn@swlandscape.net.

HOA Living | MARCH, 2023 32

MEET NEW BOARD MEMBER

Brigadier General (Ret.) Guido J. Portante, Jr.

This article is part of a series fea turing CAI-CV Board members and committee chairs. This month, we are featuring Guido Portante. A retired U.S. Army Veteran and fulltime resident of Rancho Mirage, Guido currently serves as a CAI-CV Director. In addition to serving on his HOA board as the Treasurer of Mira Vista Homeowners Association, he is also chair of the CAI-CV Homeowner Leader Committee. Outside of the CID industry, Guido serves on the board of the Guide Dogs of the Desert and the Coachella Valley Rescue Mission, and volunteers with the Veterans of Foreign Wars and the American Legion.

Driven by the desire to be challenged, Guido is passionate about giving back where he can. He genuinely enjoys volunteering and offers experience and knowledge obtained through schooling, the military, and common sense. He describes his management style as achievement oriented; providing “guidance and follow through with supervision to see goals are achieved while supporting those in my charge.” He describes his greatest professional achievement as time spent training in Korea and the Ukraine, and “working with all the young men and women of the military service, all great men and women.”

Guido emphasizes. “There is always a struggle. We need to find the resources to continue our mission.”

A self-described “legend in his own mind,” Guido has a wonderful sense of humor. He enjoys people, finding solutions, and living life to the fullest. Outside of volunteering, he enjoys golfing, as well as working out most days of the week. Guido has three children (Marie, Marleen, and Guido), and four grandchildren (Dominic, Gino, Giovanna, and Gianna), all of whom reside in Southern California.

"DRIVEN BY THE DESIRE TO BE CHALLENGED, GUIDO IS PASSIONATE ABOUT GIVING BACK WHERE HE CAN. HE GENUINELY ENJOYS VOLUNTEERING AND OFFERS EXPERIENCE AND KNOWLEDGE OBTAINED THROUGH SCHOOLING, THE MILITARY, AND COMMON SENSE."

board member who was able to serve his community from a standpoint of knowledge.” Now a member of the CAI-CV Board of Directors, Guido would like to use his experience to continue to do the excellent work that the Chapter has accomplished, continue to provide tools to better the industry, as well as help find a way to increase the funding for the Chapter. The latter is one that

When asked if he has a message for HOA Living readers, Guido offers “Serving on the Board of Directors of CAI-CV, I would like to contribute to improving ways to operate and communicate to those Homeowner Leaders serving in our HOA communities throughout the Coachella Valley. That they too can serve at their best for the HOA communities that they serve.”

Brigadier General (R) Guido J. Portante, Jr.

Guido, thank you for your service to CAI-CV and for your dedication to the CID industry!

Meaghan Gaffney-Howe, CMCA, AMS is a community manager and Vice President of The Gaffney Group, Inc. Meaghan can be reached at meaghan@thegaffneygroup.net.

Portante is the consummate Citizen -Soldier. and nation through a distinguished military career in commercial business. He was born in Pittsburgh, Cleveland, Ohio where he graduated from Mayfield graduation his family moved to California where Although there were severa l stops along the way, gained valuable business experience while working Italian Restaurant. His strong work ethic and interest

General
CAI-CV.org facebook.com/CAICV @CAI-CV 33

LOVE YOUR VALLEY: ECONOMIC DEVELOPMENT

THANK YOU!

Guest Speaker

Bob Wright

Economic Development Specialist, Riverside County Office of Economic Development

Trade Show Booth Sponsors

Accurate Termite & Pest Control

Alan Smith Pools

Alliance Association Bank

AMS Paving, Inc.

Associa Desert Resort Management

EmpireWorks Reconstruction and Painting

LaBarre Insurance Agency

Pacific Western Bank

Prendiville Insurance Agency

Nissho of California

Southwest Landscape

Vintage Landscape

Vista Paint Corporation

Name Tag Sponsor

SCT Reserve Consultants, Inc.

CAI-CV EDUCATIONAL PROGRAM & MINI TRADE SHOW FRIDAY, FEBRUARY 17, 2023 DESERT WILLOW GOLF RESORT
HOA Living | MARCH, 2023 34

CAI-CV EDUCATIONAL PROGRAM & MINI TRADE SHOW FRIDAY, FEBRUARY 17, 2023 DESERT WILLOW GOLF RESORT

CAI-CV.org facebook.com/CAICV @CAI-CV 35

Community Associations and Earthquakes –An Ounce of Prevention Can Keep an Association on a Solid Foundation

Anyone living in California knows that an earthquake can strike at any time. California has a history of devastating earthquakes such as the Northridge, Loma Prieta, San Francisco, San Fernando earthquakes that have caused catastrophic losses throughout the state, including community associations.

According to the third Uniform California Earthquake Rupture Forecast (UCERF3) report, in the next 30 years (beginning in 2014), there is more than a 99% chance that one or more magnitude 6.7 or greater earthquakes will strike somewhere in California; and a 75% chance that one or more magnitude 7.0 or greater earthquakes will strike Southern California. (See https://www.earthquakeauthority.com/California-Earthquake-Risk).

The California Legislature has even made findings that "California has recently experienced and will continue to experience in the foreseeable future damaging earthquakes of moderate to great magnitude." (Cal. Public Resources Code Section 2806.)

Yet most community associations and their boards are remiss in taking the necessary anticipatory steps to address potential structural issues within their communities and mitigate their risk of exposure to seismic activity. This is largely due to funding/budgetary considerations, reticence about incurring costs associated with engaging expert consultants, and owners who are disinclined to vote in support of special assessments to fund larger repairs.

In addition, boards tend to be reluctant with such undertakings due to the erroneous perception that they are completely helpless in the face of force majeure

("acts of God") type events. On this basis, they also erroneously assume that such events are outside of their duty of care, thereby exonerating them of exposure to liability.

As a result, boards often elect to defer necessary structural maintenance and repair projects, thus leaving their communities ill prepared for the dangerous consequences of a devasting earthquake. Moreover, disaster insurance is usually inadequate or even non-existent and most community associations have little reserve funding to address the devasting structural damage and personal injuries that can result from major seismic activity.

Nonetheless, as agents of their association, directors are subject to the same fiduciary obligations as trustees of a trust. In that capacity, they have a duty to act reasonably in keeping the association premises and common property safe and preventing individuals from exposure to unsafe conditions and/or injury. (See, e.g., Frances T. v. Village Green Owners Assn. (1986) 42 Cal.3d 490, 499) ("… the Association is, for all practical purposes, the Project's 'landlord.' And traditional tort principles impose on landlords, no less than on homeowners associations that function as a landlord in maintaining the common areas of a large condominium complex, a duty to exercise due care for the residents' safety in those areas under their control."). As such, errors in judgment regarding care of common property can create exposure to liability. (See Alpert vs. Villa Romano Homeowners Assn. (2000) 81 Cal.App.4th 1320-1330).

Therefore, if a board knows about certain risks to its association, has knowledge of structural problems or is in a position where it can considerably reduce its community's risk of injury or exposure to liability, it has a duty to act reasonably in keeping the association premises and common property safe

HOA Living | MARCH, 2023 36

and preventing individuals from exposure to unsafe conditions and/or injury. For matters outside of a particular director's area of expertise/knowledge, the standard of care requires soliciting and acting upon the advice of experts, including the association's legal counsel. In such instances, a director can be wrong and be protected from personal liability provided that he/she meets the standard of care and follows the advice of a qualified expert.

While the Business Judgement Rule generally protects directors from personal liability provided the directors meet the standard of care (act on an informed basis, in good faith, with the honest and good faith belief that the action was in the association’s best interests), the directors are unlikely to benefit from these protections if they fail to follow the advice of qualified experts or refuse to undertake any of the recommended repairs. Therefore, directors must be mindful of both the protective shield of the Business Judgment Rule or lack thereof (i.e., exposure to personal liability for failure to meet their standard of care), both of which survive and extend well beyond the directors' terms on the board.

Based on the age and condition of common area components, boards should consider taking a proactive approach by retaining experts such as structural and civil engineers, architects, or construction contractors to perform inspections and testing to identify areas of concern. The consultants can then provide the board with reports outlining any issues and proposals for repairs, retrofitting, or other types of structural support. Older

associations in particular should determine their exposure for structural issues and risk of construction-related failures.

Once the board has duly investigated the vulnerabilities, confirmed the areas of concern, and reviewed the experts' recommendations and/or proposals for repairs, it should take steps toward addressing the identified issues and keeping the members informed about the progress of the repairs. While this does not guarantee a soft landing with all members, the membership will at least be aware of the condition of the common area components, expert findings and recommendations, and the basis for the board's decisions and any subsequent steps to facilitate any necessary repairs or risk mitigation efforts. Most importantly, these proactive steps not only reduce potential liability by fixing structural issues, but also show that the board acted reasonably by retaining and relying upon the advice of experts. Thus, the upfront investment coupled with duly undertaking any necessary repairs can serve as an effective "ounce of prevention" in that it is a major step towards ensuring that identified risks to persons and association property are timely addressed while significantly reducing directors' risk of exposure to personal liability during their terms and beyond.

Sam I. Khil, Esq. is an associate attorney with the law firm Fiore Racobs & Powers, A PLC. Sam can be reached at (951) 369-6300 or by email to skhil@fiorelaw.com.
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"Based on the age and condition of common area components, boards should consider taking a proactive approach by retaining experts such as structural and civil engineers, architects, or construction contractors to perform inspections and testing to identify areas of concern."

Why Managers Consider CAI Designations

Community Association Institute (CAI) is the primary source of professional designations and training in the field of association management for individuals that are interested in the field of homeowners association community management, internationally. Each level of designation requires CAI education and experience. CAI’s classes give participants an opportunity to be educated in select aspects of the profession that we encounter on a day-to-day basis. Offerings include everything from communications to risk management.

CAI’s instructors have been in the industry for many years and have expert level knowledge of the subject matter, and they offer great examples and scenarios from their experience, adding important problem-solving perspectives. These learning experiences are what we call learning from those who have gone before us.

Education programs are designed exclusively for community association managers and are referred to as CAI’s professional Management Development Programs. Classes feature the most comprehensive education curriculum for professional managers seeking to increase their skills, knowledge, and job opportunities.

Each course puts you on a path toward professional designations in community management. The first designation is the CMCA which is an international designation. This designation can be acquired by completing CAI’s M-100 course called, “The Essentials of Community Association Management” and then studying the recommended materials from the Community Association Managers International Certification Board (CAMICB). The CMCA exam is offered through professional testing centers. Surveys indicate that individuals who have obtained the CMCA designation earn on average 20% more in pay.

The most important action you can take to increase your earning potential, accelerate your career, and grow your business is to obtain designations and credentials that prove you are the right professional for the job.

Earning my designations has been the greatest achievement in my life. It has opened up many opportunities and helped me meet many more professional colleagues - some of the greatest people I know. My earnings have more than doubled during my career, and although I had to work hard for CAI’s professional designations, I am thankful to CAI for helping me grow my career. CAI’s professional development opportunities made me a better community association manager - I know it can work for you as well! So, get on the path to success and get those designations.

Dan Goodrich, PCAM, AMS, CMCA, CCAM-LS, CCAM-AA, is the General Manager of Sierra Dawn Estates HOA. Dan can be reached at dan@sierradawnestateshoa.com or by phone at 951-925-6502.

HERE ARE THE CAI CREDENTIALS AT A GLANCE:

CREDENTIAL

Association Management Specialist (AMS)*

BACKGROUND REQUIREMENTS

Two (2) years of direct community association management experience

Professional Community Association Manager (PCAM)* Five (5) years of direct community association management experience

Large-Scale Manager (LSM)* Active PCAM + 10 years of community association management experience. Five (5) must be as a large-scale manager. Please see the related page for more information.

Accredited Association Management Company (AAMC)*

Three (3) years of verified experience providing community association management services + a PCAM leader + credentialed staff

APPLICATION

FEE

Member** $150

Nonmember $385

Member**195

Nonmember $430

Member** $95

Nonmember $320

COURSE REQUIREMENTS

At least two (2) M-200 level courses (M-201--M206) + pass CMCA exam***

All six (6) M-200 level courses + pass CMCA exam*** + pass the Case Study

CAI Large-Scale Managers Workshop or M-340

Member+ $300

Nonmember $550

Individual staff members must meet requirements according to their credentials

*overview of credential requirements only; click on each of the credentials for further details.

**You must be an individual manager member or the primary contact for a management company member of CAI to receive the member discount on application fees for individual manager credentials.

***The Certified Manager of Community Associations (CMCA) exam is provided by the Community Association Managers International Board (CAMICB). More information can be found at their website.

+Your company must be a management company member to receive the member discount on application fees for the AAMC accreditation.

HOA Living | MARCH, 2023 38

CAI-CV Board Member Bridget Nigh (BEHR Paints) was awarded BEHR Paint’s Regional Account Manager of the Year award. Congratulations Bridget!

Congratulations to Paula Tapia (Associa Desert Resort Management) for being honored with CAI’s highest designation, the Professional Community Association Manager (PCAM) designation! We look forward to cheering you on at the CAI National Conference in Dallas in May!

Congratulations to John Schuknecht (LaBarre/Oksnee Insurance Agency) for earning his Association Management Specialist (AMS) designation. Congratulations on the new position at LaBarre/Oksnee too!

BALVINA "BINA" RAMIIREZ

November 29, 1983–January 31, 2023

Our beloved and brilliant colleague gone too soon.

CAI-CV.org facebook.com/CAICV @CAI-CV 39

CITY OF INDIO & CAI-CV HOA WORKSHOP

Saturday, February 11, 2023 |

The City of Indio partnered with the Coachella Valley Community Associations Institute (CAI-CV) to provide a workshop for HOA leaders to help them better understand jurisdictional issues between the city, Indio HOAs and HOA residents.

The workshop took place at Sun City Shadow Hills in their Santa Rosa Clubhouse classrooms on Saturday morning, February 11. The goal was to promote best practices for HOAs. Topics included overviews of the industry, CC&R enforcement, state regulations of HOAs, and city regulations and procedures in an HOA. A light breakfast and lunch were provided to the seventy people in attendance at the workshop.

The event, emceed by Steven Shuey PCAM, began with a welcome by Indio Mayor Oscar Ortiz and City Manager Bryan Montgomery. “The City of Indio welcomes the opportunity to join forces with CAI to educate HOA leaders in Indio about how to keep their communities thriving,” Mayor Oscar Ortiz said.

Police Chief Michael Washburn shared crime statistics for the city, which showed crime has been declining in Indio even with the city’s continued population growth.

The director of Community Development, Kevin Snyder, also provided an update of his department and pointed out that his department cannot, by law, delay the process of issuing city approvals for a building permit in order to accommodate an HOA that wants approval first. Nor can they enforce HOA CC&Rs.

Code Enforcement Manager Jason Anderson explained that they are happy to respond to and investigate complaints, but cannot enforce CC&Rs. Inspections are narrow in scope and sometimes require a warrant. Short-term rentals require both a city permit and HOA approval. If the HOA disapproves, the city will not issue the permit.

CMCA,

Speakers representing CAI-CV included executive director Cal Lockett, who gave an industry overview. He covered several topics that included the overall size of the HOA industry in the United States and California, increased fiduciary duties for associations, various educational opportunities through CAI for HOA leaders, and what the future may hold for associations.

CAI-CV President Julie Balbini, Esq., shareholder and manager of the Coachella Valley Office of Fiore Racobs & Powers, A PLC, gave an abridged presentation on association board member duties. She explained it usually takes several hours to cover the various duties and standards required of an association by California statutes.

CAI-CV Director Mark Dodge, CMCA, AMS, President & CEO, Associa Desert Resort Management, shared a management perspective of an HOA and the advantages of using professional management.

The workshop was developed after Indio city staff commented that they receive calls at city hall daily from HOA members regarding issues within their association. In most cases, they tell the caller to contact their association instead, since many of the issues are not under the city’s jurisdiction.

After the workshop was over, numerous attendees commented on their evaluation forms that they would like to see additional workshops with more time and for it to cover more topics.

Bruce Latta, CMCA, is the property manager for Indio Properties in Indio and a member of the board of directors of the Parc La Quinta Homeowners Association. He chairs the Homeowner Leader Committee. He can be reached at PLQHOABLatta@gmail or (760) 285-5617.

HOA Living | MARCH, 2023 40

CAI-CV & CITY OF INDIO HOA WORKSHOP

(For HOAs and managers in Indio)

CAI-CV.org facebook.com/CAICV @CAI-CV 41

Rebates Ease Cost of Replacing Turf

Coachella Valley Water District offers rebates for residential, commercial and HOA customers who convert their lawn to desert-friendly landscape. CVWD pays $3 per square foot of turf removed. Recently, three cities have started rebate programs that double the $3 to $6 per square foot of turf removed.

CVWD handles the application process. At completion of each pre-approved project, CVWD provides one rebate check for the full amount.

CVWD’S BASIC CRITERIA FOR EACH RESIDENTIAL PROJECT AREA:

1. Your grass must be green or golden-brown lawn with full thatch attached.

2. Your lawn must be between minimum 200 square feet and maximum 10,000 square feet.

3. You can convert multiple projects.

4. You must replace your grass with a combination of desert-friendly plants and permeable landscape surfaces with a minimum of 25% plant canopy distributed throughout the converted area. (Existing plants, trees or shrubs not considered.)

5. You can install artificial turf.

In addition, each city has particular landscape ordinances.

City turf rebates

INDIAN WELLS

Rebate: $3 per square foot

Total with CVWD matching $3 rebate: $6 per square foot up to 5,000 square feet

HOA rebate: $1 per square foot

Total with CVWD matching rebate: $4 up to 15,000 square feet*

Information: cityofindianwells.org

PALM DESERT

Rebate: $3 per square foot

Total with CVWD matching $3

rebate: $6 up to 7,500 square feet

Commercial and HOA rebate: $1 per square foot

Total with CVWD matching rebate: $4 per square foot up to 15,000 square feet*

Information: palmdesert.gov

RANCHO MIRAGE

Rebate: $3 per square foot

Total with CVWD matching rebate: $6 per square foot up to 10,000 square feet

Commercial and HOA rebate: $1 per square foot

Total with CVWD matching rebate: $4 per square foot up to 25,000 square feet

Information: ranchomirageca.gov

Go to CVWD.org/rebates for current programs and information.

*CVWD offers HOA and Commercial rebates up to 25,000 square feet.

42 HOA Living | MARCH, 2023

The Coachella Valley Disaster Preparedness Network

The Coachella Valley Disaster Preparedness’ (CVDPN) mission is to Train, Educate, and Network with all residents, communities, and businesses on disaster preparation. From a grassroots organization we have evolved to become the premier non-profit 501(c)3, all volunteer resource for disaster preparation in the Valley.

Our operating motto is “NO COMMUNITY LEFT BEHIND.” To simplify what we do:

1. Provide a variety of classes, seminars, presentations, and personal appearances.

2. We offer our resources of materials, programs, videos and topic specific email blasts to hundreds of citizens and organizations.

3. We network with and support all first responders to ensure our messages are approved and validated.

Priorities are:

1. Helping you, your family, and pets, to be prepared for a disaster at your home, business or in your car.

2. Helping you create and develop effective disaster mitigation plans to help you with survival and resilience.

We accomplish our goals through grants, corporate sponsors, and donations. There are no paid staff but a dedicated cadre of volunteers reaching thousands of people every year and growing.

WHAT CAN WE DO FOR YOU?

CONTACT US!

Carla Sullivan-Dilley CVDPN - Coachella Valley Disaster Preparedness Network

Email: carlacvdpn@gmail.com

Cell: 951-218-0188

Our website: http://www.cvdpn.org/

Check out our Facebook Page: https://www.facebook.com/CVDPN.org/

Application for CAI Board Leader Certificate Course

New in 2023 – CAI National is offering HOA board members a nationally recognized CERTIFICATE! CAI-CV will offer this five-hour program to our members and the Desert Cities HOA Council members twice in 2023.

DATES:

Saturday, April 15th

9 A.M. to 3 P.M. CAI-CV Classroom

Saturday, September 9th

9 A.M. to 3 P.M. CAI-CV Classroom

THE COST IS REGULARLY:

$99 for members | $199 nonmembers (Individual online class via national)

The Chapter is offering a facilitated class for a cost of $69 (members) and $169 (nonmembers). Most HOA’s pay for their members to attend. It’s a win-win for all!

Please provide us with the following information if you are interested in participating in the Board Leadership Certificate Program.

Name:

Email:

Cell Number:

HOA Board:

Preferred Date:

Those board members interested in participating will be contacted with the details of the program.

EMAIL THIS INFORMATION OR CLICK OR SCAN THE QR CODE: admin@cai-cv.org or fax it to (760) 341-8443. If you have questions, call the office at (760) 341-0559.

CAI-CV.org facebook.com/CAICV @CAI-CV 43

Managers ARE Your Community’s Ambassadors

For many managers, representing our communities can be a large part of our day-today activities. We often spend most of our time explaining to members the importance of governance, maintenance, what the reserves are for, and what the board is doing. My favorite question is, “What do you do all day long as our manager?”

I don’t want to add more to the already busy schedules of my fellow managers but keeping your community a “preferred place to call home” may require building relationships outside the four walls of your community. As an onsite manager, the connections and relationships that I have established outside our gates has helped the community immensely. Working together with the chamber of commerce, the city authorities, and service organizations like Rotary, has helped our residents and the greater community surrounding us. Community involvement has also helped me develop professionally.

The local chamber of commerce can be a great resource for collecting information and finding vendors for your community. Working with city departments can help you when you need assistance with issues that are outside of your governing documents. The contacts you make with local police, fire protection, and code enforcement can be useful when dealing with all types of enforcement and public safety

issues. Knowing who to call on at the local water department for leaks, and who at public works can help with signs, streets etc. The city can often help you solve public safety issues quickly, and without enormous expense.

Service organizations can provide opportunities for communities to offer volunteerism to residents. Adopting a charity or volunteering for service organizations is a great way to build community spirit while helping the greater community outside your walls. I have

been a member of Rotary for more than ten years and we have done many service projects from cleaning yards in senior communities to helping those who cannot do the work themselves or may not have the means to hire someone to help. This not only helps the community, members of the community, the community outside of our walls, but it also helps all of us with a sense of satisfaction by helping and serving others.

I have used many of my relationships to benefit our community, including having guest speakers come to our community meetings. We have held fundraisers for the local police K9 unit. And when we have a problem, I’m able to pick up the phone to call the mayor, chief of police, or fire department captain directly.

Remember we only have 86,400 seconds a day. How we spend those seconds can give you the ability to build your community and keep it a “preferred place to call home.” There are many benefits to looking outside your gates to help your greater community. Let’s build community together!

Dan Goodrich, PCAM, AMS, CMCA, CCAM-LS, CCAM-AA, is the General Manager of Sierra Dawn Estates HOA. Dan can be reached at dan@sierradawnestateshoa.com or by phone at 951-925-6502.

HOA Living | MARCH, 2023 44

Meet the Management Companies

Friday, March 10, 2023, 4:00 to 6:30 p.m.

The Classic Club | 75-200 Classic Club Blvd., Palm Desert, CA

HOSTED BY CAI-CV’S BUSINESS PARTNER COMMITTEE, INTENDED FOR ALL CAI-CV MEMBERS INCLUDING BUSINESS PARTNERS, COMMUNITY BOARD MEMBERS, AND MANAGERS TO COME MEET EXECUTIVES FROM THE VALLEY’S MANAGEMENT COMPANIES.

Enjoy passed appetizers, Mini Beef Wellingtons, Spinach & Feta Wraps, Tomato & Mozzarella Bruschetta, and Jumbo Shrimp with Chipotle Cocktail Sauce. No Host Bar

REGISTRATION – CLICK HERE

Meet the Management Companies

March 10, 4:00 PM TO 6:30 PM

$100 – Business Partners

$20 – Managers

FREE – Community Board Members

THANK YOU TO OUR SPONSORS

TITLE SPONSOR

Broadband Agreements

Albert Management, Inc.

Associa Desert Resort Management

C.L. Sigler & Associates

CIT Bank

Dephi law Group, LLP

Desert Management

Epsten, APC

Ivan’s Painting & Maintenance

Manhattan Pacific Management, Inc.

Nissho of California, Inc.

NLB Consulting

SPONSORSHIPS AVAILABLE:

Bar Sponsor

Classic Food Sponsor

GAS CARD WITH $10

BOARD MEMBERS RECEIVE REGISTRATION

Pacific Western Bank

Powerstone Property Management

Premier Community Association

Management

Rey Insurance Services, Inc.

Swedelson Gottlieb

The Mangement Trust

Tinnelly Law Group

Management Company Sponsor (Management Companies Only)

CAI-CV.org facebook.com/CAICV @CAI-CV 45

You’re invited to attend the

Water Conservation Summit & Expo: H2O

April 5, 2023

9 a.m. – 3 p.m.

for HOAs

The summit will include a vendor expo, informative presentations on drought and water supply, water budgets, rebates, drought-friendly landscape design for HOAs, as well as a panel discussion with experts on irrigation best practices.

COACHELLA VALLEY WATER DISTRICT

Steve Robbins Administration Building

75515 Hovley Lane East Palm Desert, CA 92211

Registration is complimentary. Lunch will be provided.

Space is very limited, scan the QR code above to register.

QUESTIONS? Email PublicInfo@cvwd.org. is our promise. YourWater

HOA Living | MARCH, 2023 46
REGISTER NOW
RESIDENTIAL & COMMERCIAL SERVICES: • Water & Sewage Extraction • Reconstruction / Remodel • Drying & Dehumidifcation • Smoke & Odor Removal • Mold Remediation • Fire Damage Clean-Up 30 YEARS EXPERIENCE #1 IN THE ENTIRE COACHELLA VALLEY AND HIGH DESERT FRIENDLY WWW.FLOODRESPONSE.COM Call Today for Immediate Help! DIRECT INSURANCE BILLING AVAILABLE 1 HOUR RESPONSE TIME (760) 343-3933 CAI-CV.org facebook.com/CAICV @CAI-CV 47

APRIL

75410 Gerald Ford Drive, Suite 102, Palm Desert, CA 92211

CAI-CV UPCOMING EVENTS –SCAN QR OR CLICK TO SIGN UP

MARCH

CAI’S CALIFORNIA STATEWIDE CID LAW COURSE

(For board members)

WHEN: Monday, Wednesday, and Friday, March 6, 8, and 10, 2023, 9:00 a.m.-11:45 a.m.

WHERE: Via Zoom

REGISTER:

SPONSORSHIPS: Call the CAI-CV Office

CAI-CV AND DCHC BOARD MEMBER WORKSHOP (BMW)

(For board members)

WHEN: Tuesday, March 7, 2023, 10:00 a.m.

WHERE: Via Zoom and In-Person, CAI-CV Classroom

TOPIC: Landscape Conversion

FREE RSVP:

SPONSORSHIPS:

CAI-CV’s Annual Meet the Management Companies

(for all members)

WHEN: Friday, March 10, 2023, 4:00 p.m. - 6:30 p.m.

WHERE: The Classic Club, Palm Desert

REGISTER:

SPONSORSHIPS:

CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members)

WHEN: Friday, March 24, 2023, 11:15 a.m.

WHERE: Sun City Palm Desert

TOPIC: Earthquake Preparedness

REGISTER:

SPONSORSHIPS:

CAI’s M-340 Large Scale Management Course (for managers)

WHEN: Thursday-Friday, March 23-24, 2023, 9:00 a.m. to 5:00 p.m.

WHERE: Sun City Palm Desert

REGISTER:

SPONSORSHIPS:

CAI-CV AND DCHC BOARD MEMBER WORKSHOP (BMW)

(For board members)

WHEN: Tuesday, April 4, 2023, 10:00 a.m.

WHERE: Via Zoom

TOPIC: Alternative Dispute Resolution (ADR) & Internal Dispute Resolution (IDR) – Solving HOA Conflicts

FREE RSVP

SPONSORSHIPS:

CAI-CV MANAGER ON THE RUN (MOTR) (For managers and assistant managers)

WHEN: Thursday, April 13, 2023, 8:30 a.m.

WHERE: Via Zoom

TOPIC: Finance – Accounting, Budgeting, Loans, and Investments

COST: $10 | REGISTER:

SPONSORSHIPS:

CAI’S BOARD LEADER CERTIFICATE PROGRAM (For Community Board Members)

WHEN: Saturday, April 15, 2023, 9:00 a.m. to 3:00 p.m.

WHERE: CAI-CV Classroom

REGISTER: SPONSORSHIPS:

CLAC ADVOCACY WEEK

(For all members)

WHEN: Monday – Thursday, April 24-27, 2023

WHERE: Via Zoom

REGISTER: SESSIONS:

SPONSORSHIPS:

CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members)

WHEN: Friday, April 28, 2023, 11:15 a.m.

WHERE: Sun City Palm Desert

REGISTER: SPONSORSHIPS:

MAY

CAI NATIONAL CONFERENCE (For all members)

WHEN: Wednesday – Saturday, May 17-20, 2023

WHERE: Hilton Anatole Dallas, Texas

MORE INFO: REGISTER:

WATCH FOR THE CAI-CV MONDAY UPDATE WITH ALL EVENTS AND PROGRAMS SIGN UP FOR LOCAL EVENTS AT CAI-CV.ORG
GOLD CIT Bank EmpireWorks Reconstruction and Painting Epsten, APC Flood Response Sunshine Landscape Tinnelly Law Group Western Pacific Roofing TITANIUM AMS Paving, Inc. C. L. Sigler & Associates Fiore Racobs & Powers, A PLC Gardner Outdoor and Pool Remodeling Vantage Point Construction, Inc. PLATINUM Associa Desert Resort Management Prendiville Insurance Agency CORPORATE SPONSORS SILVER Accurate Termite & Pest Control Alan Smith Pools Behr Paint Company Cooper Coatings Inc. Delphi Law Group, LLP Dunn-Edwards Corporation Ivan's Painting & Maintenance Nissho of California, Inc. SCT Reserve Consultants, Inc. Vintage Landscape BRONZE Alliance Association Bank Brightview Landscape Services Broadband Agreements by MFC FirstService Residential Community Legal Advisors, Inc. LaBarre/Oksnee Insurance Agency, Inc. PatioShoppers, Inc. Popular Association Banking Premier Community Association Management Sun King Electric FOR CAI NATIONAL EVENTS AT CAIONLINE.ORG March 2023 Across Down E A R T H Q U A K E U M K S R E B A T E S R X A P P C R I 8L A R G E S C A L E N V R T S S S E S M I C T A A E N S S R G R V W E 1 P R O A C T I V E L L 12P R O T O C O L S 1 4 8 10 11 12 Seven Steps to (Blank) Safety Assist in easing cost of replacing turf Advanced Management Course offered by CAI-CV (Blank) Shut-Off Valves can ensure safety during an earthquake Boards should be this rather than defer unsafe structural issues Larger associations have developed these to prepare for an earthquake 2 3 5 6 7 9 Asphalt replacement paving company spotlighted in magazine New Board Member Brigadier General Guido J. Portante, Jr spent time here Boards retain these to rely on their advice Desert Breezes (Blank) Can borrow from this account to pay for down payment for earthquake insurance Security Officers can inspect this climb before an earthquake EMERGENCY PREPAREDNESS
2023 Marketing Plan

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