Quorum03Q16

MARCH 2016

Coachella Valley Community Associations Institute Magazine

Palm Desert Country Club Association Celebrates 55 Years INSIDE

LOOKING TO THE FUTURE 10 55 and Counting Palm Desert Country Club Association

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proudly INLAND EMPIRE/COACHELLA VALLEY

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

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

Contact Kevin Leonard for all of your Reserve Study Needs!

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

www.reservestudy.com

Answering the call for the ultimate in security services.

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

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

Tier

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

GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW Member of CAI and CACM

Legal Services for Community Associations

Mandatory restrictions include:

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Repair broken sprinklers within 24 hours, fix leaks as soon as possible

• General Counsel

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

• Assessment Lien and Foreclosure • No Cost Collections • Fees Paid by Delinquent Homeowner • Detailed Monthly Status Reports • Title Reports at No Charge to Association

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

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

Have questions?

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

Stay connected with us!

• Construction Defect/Reconstruction • Mold Claims/Litigation • Real Estate Dispute/Litigation Phone: (760) 340-1515 CAI-CV.org

FAX: (760) 568-3053

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pick the right tools for your next project.

BOARD OF DIRECTORS COACHELLA VALLEY CHAPTER 2016

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

GERARD GONZALES, PRESIDENT Albert Management, Inc. TAD BLACK, PAST PRESIDENT Associa OnCall

take that to the bank.

PHYLLIS HARKINS, CMCA, CCAM, AMS PRESIDENT ELECT Palm Desert Country Club Association

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

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

mutualofomahabank.com AFN46055_0913

Member FDIC Equal Housing Lender

EQUAL HOUSING

LENDER

RHONDA DREWS, CMCA,AMS, PCAM DIRECTOR Associa Desert Resort Management MATT LAWTON, CIRMS, DIRECTOR Prendiville Insurance Agency GEN WANGLER, ESQ., CCAL DIRECTOR Fiore Racobs & Powers A PLC JOLEN ZEROSKI, DIRECTOR Union Bank

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

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

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CONTENTS

10 FEATURES

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55 and Counting – Palm Desert Country Club Association

By Phyllis Harkins, CMCA, CCAM, AMS

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The Dawn of the Smart Community

By Kimberly Weiss

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Technology is Our Friend, but Plan Accordingly for Current and Future Advances

By Jeffrey A. French, Esq.

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Preserving Our Communities for the Future – Building Maintenance & Inspection from Top to Bottom

By Dan Stites

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CHAPTER NEWS

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CAI-CV Chapter New & Renewing Members Meet the Leadership

Golf Committee Chair Daniel Farrar

By Erin H. Fujioka

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Chapter Upcoming Events

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CHAPTER EVENTS

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Manager on the Run Social Media Speaker Tiffany L. Christian

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CAI-CV Educational Program & Mini Trade Show Friday, Febuary 12, 2016

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15 Things You Should Do to Avoid Being a Victim

By Terry Kramer & Pete Moyer

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Board Member Workshop – Association Rules & Conflict Resolution

By Steven Shuey, PCAM, CCAM

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

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QUORUM COMMITTEE MEMBERS KYMBERLI TAYLOR-BURKE, CHAIR NPG Nelson Paving, Inc. RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc.

A Full Service lAw Firm

PHYLLIS HARKINS, CMCA, AMS, CCAM BOARD LIAISON Palm Desert Country Club Homeowners Association

Providing Practical Approaches in:

CARI BURLEIGH, CMCA, AMS The Management Trust Desert Division

CC&R Interpretation, Drafting and Enforcement

LEXI DELUCA Silldorf & Levine, LLP

Opinion Letters

DEA FRANCK, ESQ. Epsten Grinnell & Howell, APC

Contract Drafting and Negotiation

ERIN FUJIOKA G4S Secure Solutions, USA

Civil Litigation

TIFFANY GOFF Dunn-Edwards Corporation

Assessment Recovery 73-710 Fred Waring Drive, Suite 120, Palm Desert, California 92260

For inquires contact Jeffrey French www.gbflawyers.com

| 760.346.9310

ANTOINETTE HAMILTON Suntrek Solar LISA LYNN, CCAM Albert Management, Inc. FRAN MULLAHY Vintage Associates, Inc. STEVEN SHUEY, PCAM Personalized Property Management Co. DAN STITES CBCI Construction, Inc. JOHN WALTERS-CLARK NPG Nelson Paving GEN WANGLER, ESQ., CCAL Fiore Racobs & Powers, A PLC JENNIFER ZEIVEL, CMCA, AMS Associa Desert Resort Management

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

SUBSCRIBER SERVICES

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

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CONTENTS DEPARTMENTS

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President’s Message

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CAI-CV 35th Anniversary

CAI Memories

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Trending Now

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Social Media - Making Traditional Resumes Obsolete

By Antoinette Hamilton

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Homeowners Association Law

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The “When” and “Why” you Should Restate your Governing Documents

By Jennifer James

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Platinum Spotlight

Fiore Racobs & Powers A Professional Law Corporation

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Time Honored Mary Walker

By Phyllis Harkins

Welcome Aboard Gold Coast Community Management Timothy Peckham, PCAM, CEO

By Lisa Lynn, CCAM

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Water Wise

Community Associations: We’re Here to Help You

By Heather Engel

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30 Charity

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Desert Classic Charities

By Tiffany Goff

CAI-CV.org

facebook.com/CAICV

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FROM THE CHAPTER

President’s Message

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

The 2016 Spring Equinox is March 20th at 12:30 in the morning and means the start of warm temperatures in the Coachella Valley. For my family, it means the annual migration of guests from colder climates – friends and family escaping the rain to enjoy the desert’s warmth, blue skies and our hospitality. Does this sound familiar? March is also a great month in the valley with polo in full swing, the 34th Annual La Quinta Arts Festival and the 5th Annual Rhythm, Wine and Blues Experience.

Last month was extremely busy with many successful CAI-CV events. Manager on the Run, Educational Luncheon and Mini Trade Show, Board Member Workshop and the Corks for CLAC Wine Tasting made it a very busy month for our chapter. I want to thank all the volunteers who made these events a huge success!

This month is a bit quieter. Our event in March is our Educational Program and Mini Trade Show on Friday, March 11th. You will not want to miss this program on Marijuana.

In February, we also conducted committee training for our volunteer leadership team. Executive Director, Cal Lockett, and I hosted a day-long meeting to organize the work of our 15 committees so that we are all headed in the same direction -- toward reaching our 2016 Chapter Goals. Our leadership team included committee chairs, co-chairs and board members. With many new volunteers this year, we spent some time getting to know each other, and then discussed goal setting, structure, team building, membership solicitation, leadership and the importance of embracing new volunteers and new and fresh ideas. All of the participants provided input to each of the committees to help them develop their 2016 committee goals. I am proud to say that we are truly blessed to have such strong and dedicated volunteers running our chapter.

Our chapter is continually looking for active volunteers and I encourage you join a committee – it’s the best way to maximize your CAI membership.

Last month, I was out for a while escorting my parents to Manila, Philippines. I want to personally thank Phyllis Harkins for filling in for me while I was out. It was a great trip; feel free to ask me about it any time.

Oh, and guess what… they have homeowner’s associations in the Philippines too.

Have a great and safe month!

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

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

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2016 CORPORATE

CHAPTER NEWS

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

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

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

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

CAI-CV Chapter New & Renewing Members RENEWING BUSINESS PARTNERS AK LANDSCAPING MAINTENANCE, INC. Mike Arechiga (760) 347-9747 mmaklandscaping@verizon.net BLUE SKY LANDSCAPE CORP. Patricia Chavez (760) 272-4012 Blueskylandscpe7@aol.com IMPERIAL SPRINKLER SUPPLY Michael Perilman (714) 696-7531 mikep@imperialsprinkler.com O'LINN SECURITY, INC. Kimberly O'Linn (760) 320-5303 kolinn@dc.rr.com POWERFUL PEST MANAGEMENT Lori Fahnestock (760) 341-7770 powerfulpestmanagmen@dc.rr.com PRO LANDSCAPING, INC. Jesse Escamilla (760) 343-0162 jeff@prolandscaping-inc.com RGA LANDSCAPE ARCHITECTS, INC. Ronald Gregory (760) 568-3624 rgregory@rga-pd.com SECURITAS SECURITY SERVICES USA, INC. Reginald St. Germaine (760) 779-0728 Reginald.StGermain@securitasinc.com SEPULVEDA CUSTOM PAINTING, INC. Antonio Sepulveda (760) 217-7816 sepulvedapainting@hotmail.com TIME WARNER CABLE Scot Koehler (760) 674-5642 scot.koehler@twcable.com RENEWING MULTI-CHAPTER BUSINESS PARTNERS STEVEN G. SEGAL INSURANCE AGENCY, INC., FARMERS INSURANCE GROUP Steven Segal (800) 345-8866 ssegal@farmersagent.com

STRATEGIC RESERVES Karla Amador (951) 693-1721 kamador@src-reservestudy.com TIMOTHY CLINE INSURANCE AGENCY, INC. Timothy Cline, CIRMS (800) 966-9566 Ext. 22 timcline@timothycline.com RENEWING MANAGERS WYNDHAM WORLDWIDE CORPORATION Alvin Hippe, CMCA, AMS (760) 416-4428 al.hippe@wyn.com ALBERT MANAGEMENT CORPORATION Gerard Gonzales (760) 346-9000 gerard@albertmgt.com ALDERWOOD RESORT MANAGEMENT James Crawford (909) 866-6531 Ext. 405 scrawford@lagonitalodge.com DESERT RESORT MANAGEMENT Terry Kramer (760) 772-2092 tkramer@drminternet.com FAIRBANKS RANCH ASSOCIATION Jerry McDonald, AMS, PCAM (760) 862-6335 jerrymcdonald@hotmail.com

Steven Shuey, PCAM (760) 325-9500 IslandMgr@aol.com PMI - COACHELLA VALLEY Kevin Crawford (442) 227-2030 Info@PMI-CV.com DATATECH BUSINESS CONSULTANTS, INC. Katherine Melbern, CMCA, AMS (760) 808-2752 Katherine@datatechcorporation.com RENEWING VOLUNTEER LEADERS DESERT BRAEMAR, INC. Dick Gunning Elizabeth Seabrook Ralph Ellasson Susan Fagan DESERT HORIZONS OWNERS ASSOCIATION David McFarland Dick Frankel Jon Holzgrafe Kathy Simmons Lee Clancey Richard Biagi Steve Wall INDIAN CREEK VILLAS Clevedon Kingston Ivan Thomson

PERSONALIZED PROPERTY MANAGEMENT CO. Patricia Moeller (760) 325-9500 pmoeller@ppminternet.com

HAVE YOU HEARD

Peters & Freedman, LLP, a community association and construction defect law firm, and member of multiple Southern California CAI Chapters, was recently award the prestigious 2015 Litigator Award for achievement in the field of Construction Defects and Homeowner Association Litigation.

The Trial Lawyers Board of Regents, LLC, located in Bellevue, Washington, on a yearly basis, honors less than 1% of all US lawyers for their expertise in various phases of the law. Of the nearly 1.1 million lawyers who were considered for this award, only a select few per state receive this distinction.

Congratulations to Peters & Freedman, LLP for this honor as a 2015 Litigator of the Year Winner.

CAI-CV.org

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FEATURE

55 and Counting!

By Phyllis Harkins, Palm Desert Country Club Association

P

alm Desert Country Club Association celebrates its 55th anniversary as a homeowners association on March 2, 2016. As the first HOA in the state of California, incorporated as Palm City Association, this community has evolved from an age 50+ housing complex to a multi-faceted group of various architectural housing styles and sizes, available to full-time, snowbird and rental occupants. Houses range in size from 1,200 to 2,700 square feet, and are currently priced from $200,000 to $350,000 . More than one-half of the 1,054 PDCCA homes are located on the Palm Desert Country Club golf course; residences extend from Washington Street to Fred Waring Drive, to Hovley Avenue, and adjoin the Toscana and Oasis Country Clubs. The Palm Desert Country Club golf course is a separate corporate entity from PDCCA. From 1961 to 1994, PDCCA was a part of Riverside County; after many years of political and resident struggles, the community was annexed into the City of Palm Desert in fall 1994. Many owners at that time did not want to be incorporated into the City; it was through the efforts of Jean Benson, Corky Larson, Roy Wilson and local resident Joe Mann that the community was finally brought into the City’s boundaries.

PDCCA was initially designed with three different building styles---single family homes, condominiums and duplex townhomes. From 2005-2011, another home style was introduced into the community by D.R. Horton Construction, when they built and sold 92 larger style homes on sub-divided golf course lots, both around the community and on land that was previously the golf course driving range. Initial home construction began in 1961 by Marnel Development Company; for $750 down and $100 a month, anyone 50 or older could purchase a two or three bedroom home, with prices ranging from $9,000 to $13,000. In its early years, this community

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won numerous design awards for its innovative items such as fiberglass showers and roofing shingles, all electric kitchens and cable TV. When home sales slowed in the mid-60s, the community was opened to owners of all ages in order to increase sales and keep the project on track. Even though the community has evolved from its original 50+ concept, there still are many third and fourth generation owners who visited the original owners as children and grandchildren and now reside in the homes.

PDCCA has a seven member board of directors. They have active committees for Community Improvement, Neighborhood Watch, Architectural, and Finance. The area

FEATURE

"Initial home construction began in 1961 by Marnel Development Company; for $750 down and $100 a month, anyone 50 or older could purchase a two or three bedroom home, with prices ranging from $9,000 to $13,000."

CAI-CV.org

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FEATURE in front of the Association’s common area recently underwent revitalization and update. The original intersection of Avenue of the States, California Drive and Michigan Avenue was a design that worked when there were few cars in the community 55 years ago. However, the City of Palm Desert realized that with the construction of their now open senior housing complex, Carlos Ortega Villas, and the increase in traffic through this non-gated community, the street design needed to be upgraded. A City-installed roundabout now replaces the three street intersection, with new landscaping, pedestrian crosswalks and new lighting. In addition, due to the loss of on-street parking, the Association granted an easement to the City for construction of a new 21 space parking lot on the west end of the PDCCA complex. Along with the roundabout construction, the Association converted 27,000

square feet of turf to desertscape in the fall of 2015, and also replaced all concrete walkways in and around the common area front entrance. In 2014, the Association was one of the first HOAs in the Coachella Valley to install gas solar heating for its 43,000 gallon pool. The Common Area also has a 64,000 gallon pool and a 6,000 gallon spa, along with a 2,500 square feet recreation hall that is available to owners for their use once a year.

Most notably, this community is known throughout the Valley as the “States” houses. One of the original developers, Richard Oliphant, who still resides in the Valley, said at the Association’s 50th anniversary event that there was no system for which state names they chose for streets and which ones they didn’t. So you have the smallest state, Rhode Island, as one of the community’s street names, and you do not have a Montana street, one of the USA’s larger states in land size. As seen in this article, there are numerous “Then” and “Now” photos, along with original sales brochures. Some of the “Then” photos were featured in the October 1964 edition of Golf Life. Through the efforts of PDCCA staff and board for 55 years, the Association has an extensive archive of old photographs, published stories, early editions of the Association newsletter from the late 1980s forward, and numerous sales brochures from the original builders. These brochures are somewhat tattered and aged, but still tell the story of how Palm City Association began and grew into the varied and affordable community that it is today. With continued strong board leadership and active participation of residents in community events, the next 55 years look bright for Palm Desert Country Club Association, the first HOA in California.

Phyllis Harkins, CMCA, CCAM, AMS is the Community Association Manager for Palm Desert Country Club Association. She can be reached at 760-345-2331, or phyllis@pdcca.com

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EVENTS

Manager on the Run Friday, February 5, 2016

SOCIAL MEDIA TO TWEET, CHAT, SHARE, LIKE, CONNECT, PIN, FRIEND OR OTHERWISE! Guest Speaker Tiffany L. Christian This program reviewed and compared the major social media sites, reviewed best practices, security measures, and using social media to your benefit!

Thank You to our Event Sponsor: ANNIE TAUTZ www.primecoconstruction.com

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MEET THE CAI-CV GOLF COMMITTEE CHAIR

By Erin H. Fujioka

DANIEL FARRAR Daniel Farrar, CMCA, CC A M, joi ned t he Coachella Valley CAI chapter when he began his career with Merit Property Management (now FirstService Residential) approximately eight years ago beginning as the business leader for the Coachella Valley office and later transitioning into the general manager role at Ironwood Community Association. Daniel came into the property management industry via the golf industry after eighteen years of golf course management. It was a seamless transition from managing the ever changing environment of premiere golf courses to the management of community associations. Daniel enjoys being able to make a more positive impact on individual’s lives where it matters most; where they live.

During his down time Daniel enjoys spending time with his wife and daughter. Every Saturday morning, he and his daughter have a weekly Starbucks date catching up on the week’s events.

He and his wife enjoy traveling, visiting with family, hiking, exploring new eateries, shopping all the latest technology and spending time with their two dogs. Daniel graduated from USC and is excited that his daughter is currently considering attending USC for college. Daniel and his family are big USC fans and they enjoy attending and watching the USC football games.

If it wasn’t for the association management industry, Daniel believes he would have pursued a career in law enforcement as a detective. He says he might also have considered a career in ministry, allowing him to positively impact as many lives as possible.

Daniel has served on the golf committee for the last 4 years lending his golf related expertise to the committee to ensure the tournament is the best event possible every year.

TRENDING NOW

Social Media - Making Traditional Resumes Obsolete

By Antoinette Hamilton

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ears ago, the fax machine was the primary tool used to submit your resume. My resume’s headline reads “Hire Me Before Your Competition Does,” which I’ve successfully used as a project manager and business developer in the solar industry.

Today it’s social media. With more jobs available employers are forced to become more creative in finding the best talent without shifting through thousands of resumes. More companies are turning to social media – Facebook, LinkedIn, Twitter, YouTube, Pinterest and blogs for a faster and more efficient method to source more diverse talent.

Social media provides real and current information on potential employees and employers, providing an excellent way to see how well someone will fit with a company’s culture and work with others on the team. Social media gives employers far more knowledge. They can see how you spend your weekends, who your friends are, your views, hobbies, health and spending patterns, family members, etc.

Unique Resume Ideas 13 Resumes That Landed Interviews https://www.pinterest.com/pin/470978073504488875/ The new resume for job seekers is their online presence to broadcast employment potential. Don’t be surprised if you are asked to create a video of yourself, write a story or work on a project for a day.

You will see more job ads like…

• An Irish pub is only accepting Snapchat resumes.

• KFC recently held 140-second interviews to fill its manager of digital greatness position

Blind Hiring Before the eventual face-to-face interview, unconscious biases in the hiring process could be a problem. Employers might overlook your resume because of name, gender, age or education. More companies are looking to get a sense of a person’s communication skills, personality and judgment by reading Twitter and Tumblr posts instead of the familiar resume listing job history and education. Some believe this is leading to more diversity in the workforce.

Creative resume ideas aren’t just for people in marketing, graphics, sales, and tech. If you’re in the food industry, find out what the restaurant owner’s favorite foods are and create a dish and personally deliver it for the owner to taste.

CAI-CV.org

Antoinette Hamilton has been in the solar industry in the Coachella Valley since 2007 and is a frequent guest speaker on energy efficiency solutions for HOAs, hotels, country clubs, apartment complexes and assisted living facilities.

You can reach her at (760) 808-1128 or email her at info@suntosolar.com.

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HOMEOWNERS ASSOCIATION LAW

The “When” and “Why” You Should Restate Your Governing Documents

By Jennifer James, Attorney, Affordable HOA Law

WHEN SHOULD YOU RESTATE YOUR GOVERNING DOCUMENTS? Nothing in the law requires an association to restate its governing documents, however, it is good practice to do so as often as needed. While a document restatement can be a daunting and tedious task, a document restatement can help to eliminate unnecessary governance issues resulting from antiquated or ambiguous documents. It is good practice for a board of directors to review the governing documents at least every five years to consider a restatement.

THE TOP 10 REASONS TO RESTATE THE GOVERNING DOCUMENTS:

1. Changes in the law. It is always recommended that an association update its governing documents to be consistent with current laws. While the law will trump the provisions of your governing documents, governing documents convoluted with outdated laws can be confusing for owners who rely on and believe the documents are enforceable.

Further, Board members could find themselves in hot water by enforcing provisions that are inconsistent with current laws.

3. Add useful provisions. At the inception of an association, the declarant incudes language in the governing documents as required by the Bureau of Real Estate, often times beneficial to the declarant. However, there are additional provisions, which could be added to help the functionality of the association. For example, an assignment of rent clause gives the association the authority to collect rents directly from the tenants of an owner delinquent in homeowner association assessments.

4. Combine amendments into one document. Governing documents that have multiple amendments can be voluminous and difficult to follow, and amendments can be easily overlooked. It is therefore desirable to combine all amendments together into one document restatement avoiding any confusion.

While a document restatement can be a daunting and tedious task, a document restatement can help to eliminate unnecessary governance issues resulting from antiquated or ambiguous documents.

5. Update insurance provisions. Insurance provisions should be reviewed for consistency with the association’s current insurance policies and practices.

6. Eliminate cumulative voting. Most associations are eliminating cumulative voting because it can lead to an environment in which achieving consensus is difficult, if not impossible.

7. Add staggered terms. If your governing documents

2. Remove inapplicable provisions. If your association has don’t provide for staggered terms for the board of directors, never amended or restated its governing documents, provisions that no longer apply, such as language regarding the declarant or the two-class voting system, should be removed.

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it is common practice to adopt such terms. Staggered terms are often times considered desirable in promoting continuity for the association.

2016 LEGISLATIVE DAY A document restatement could eliminate confusion and potential expensive litigation by rectifying any inconsistencies.

AT THE CAPITOL

CAI-California Legislative Action Committee 2016 Annual Legislative Day at the Capitol is an event that provides CAI-CLAC members from across the state, the opportunity to attend Education Sessions, “Meet the Delegates” and meet with and educate their legislators on legislation that is important to those who live in and work with Community Associations.

DATE:

8. Eliminate inconsistent or ambiguous provisions.

Some documents include inconsistent or ambiguous provisions addressing important association matters, such as maintenance responsibilities. A document restatement could eliminate confusion and potential expensive litigation by rectifying any inconsistencies. For example, most associations are adopting a maintenance matrix which is often times included as an exhibit to the CC&Rs. A maintenance matrix provides owners with an easy to follow guideline on maintenance responsibilities in chart form and helps to eliminate any confusion or inconsistent provisions in the governing documents.

SUNDAY, APRIL 17 & MONDAY, APRIL 18, 2016

LOCATION:

HYATT REGENCY SACRAMENTO 1209 L STREET SACRAMENTO, CA 95814 (888) 421-1442 - MENTION CAI-CLAC FOR DISCOUNT

RSVP AT:

WWW.CAICLAC.COM

9. New technology. New technology also creates a need for reviewing an association’s governing documents. Drones, for example, have taken associations by surprise. Associations must now consider whether it will permit drone usage, to what extent it will permit such usage, and where drone usage will be permitted. Safety precautions must also be considered.

10. Eliminate “legalese.” Older documents often times contain “legalese” making it difficult for owners to understand or interpret. A document restatement should be drafted with clear and precise language.

Jennifer James, Esq. is an attorney providing affordable legal services to homeowners associations. She has served as legal counsel to homeowners associations for more than 10 years and established her own law practice in 2014. Jennifer has been actively involved with CAI since 2004. She can be reached at (760) 702-7929 or Jennifer@AffordableHOALaw.com.

As a full service law firm, our services include: • Board Education & Fiduciary Compliance • Governing Document Interpretation • ADR & IDR • CC&R Restatement & Amendments • Assessment Recovery • Writs & Appeals • Litigation – Enforcement & Defense • Construction Defect / Reconstruction • Contract Negotiation San Diego Area: 760.436.3441 Coachella Valley: 760.773.4463 Orange County: 949.390.2977 www.hoalaw.com

mail@hoalaw.com

Please contact us for a free consultation on how we can help your association!

17

CAI-CV

2 016 P L A T I N U M S P O N S O R S P O T L I G H T

F

iore Racobs & Powers is a pioneer in residential and commercial community association law in Southern California. The Firm is celebrating its 40th anniversary in 2013. Since opening its doors in April 1973, Fiore Racobs & Powers has expanded to three offices, located in the Coachella Valley, the Inland Empire and Orange County.

Our Firm was founded on the core value of people making a difference through the practice of law. We are dedicated to the success of community associations through the practice of law, the education of our clients and industry professionals, and the advancement of public policy.

Our practice areas include: CC&R, Rule and Architectural Enforcement Governing Document Amendment Elections/Recalls Legal Opinions Assessment Collection Litigation Appeals Contract Review and Preparation Small Claims Assistance Margaret "Gen" Wangler, Esq., opened the Firm's Coachella Valley office in 1992. She is the Senior Shareholder and Senior Supervising Attorney for the Coachella Valley office, and has been an active member of CAI for over twenty years. Gen serves on the Chapter's Board of Directors, and has served on the Education Committee and the Quorum Committee for many years.

A highlight in the Firm's history was Gen's representation of the plaintiff in Villa De Las Palmas Homeowners Association v. Terifaj from trial to the California Supreme Court. In that case, the Palm Springs association sought to enforce its long standing rule against pets. After initiating the litigation, the members of the association approved an amended and restated declaration of covenants, conditions and restrictions that included a "no pets" restriction.

The association prevailed at trial, and in the Court of Appeal. The California Supreme Court then took up the case, and made the landmark ruling that restrictions added to an association's recorded declaration are entitled to the same presumption of reasonableness as the restrictions in the original declaration.

The Firm's relationship with CAI began in the early 1980s. CAI was one of the few organizations that promoted education for community associations and the professionals who support them. The Firm recognized the importance of education to both the industry and legislators in Sacramento. The Firm's founder and President, Richard S. Fiore, played a major role in forming the California Legislative Action Committee in the 1980's and served as Chair from 1991-1994, during its pivotal growth years. The Firm continues to be active in promoting the industry's objectives in the legislative arena.

Fiore Racobs & Powers looks forward to continuing its close relationship with CAI as part of its commitment to making a difference through the practice of law.

Thank you to Fiore Racobs & Powers for their generous support of CAI-CV 18

Quorum March, 2016

CHAPTER EVENTS

15 Things You Should Do to Avoid Being a Victim

By Terry Kramer & Pete Moyer

1 2 3 4 5 6 7 8 9

Always lock your doors when not in use – when home, when away, daytime, and nighttime - ALWAYS! Contractors Lic. # 235717

Always set your burglar alarm at night and every time you leave your home. If you don’t have an alarm, get one.

Close your garage doors when not immediately in use.

Close and lock the pedestrian door in your garage when not immediately in use.

Close windows and lock doors on vehicles parked outside.

Remove all valuables and keys (including the valet key, if your vehicle has one) from vehicles parked outside.

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Never leave vehicle keys in the vehicle, even when parked in the garage.

Never leave purses, wallets, or other valuables on kitchen counters or in plain sight in your bedroom (especially near sliding doors). They are the first places thieves look.

Place bicycles and golf clubs in a location in your garage where they are not easily seen from the street.

10 Install motion activated lights at the front and rear of your home.

11 Get a dog.

12 Keep your trees and bushes well-trimmed, especially those located near windows and doors.

13 Women, when returning to your vehicles after shopping, put your purses inside the vehicle first and then load packages. Never sit purses on top of vehicles or leave them in shopping carts, even when you are nearby.

14 After you enter your vehicle, before you do anything else, lock your doors.

15 Call the police when you see suspicious activity or see a crime being committed.

(See More on Next Page)

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19

CHAPTER EVENTS

SECURITY COMMUNITY AND PERSONAL SAFETY Friday, February 12, 2016

20

Quorum March, 2016

CHAPTER EVENTS

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21

EVENT

Board Member Workshop Association Rules & Conflict Resolution

By Steven Shuey, PCAM, CCAM

I

t was a great day in Palm Desert at the Shadow Mountain Resort and Club. A wine event was held late in the afternoon, preceded by a Board Member Workshop with focused education on Association Rules & Regulations.

BMW, as it is called by those in the know, is a great workshop where board members can learn the essentials of managing their community from a board member’s perspective. Many associations hire professional management and a few are self managed; either way, board members need to know what their job is within the organization. CAI offers that education very inexpensively!

At the workshop in February 37 board members had the opportunity to learn and exchange ideas on how rules are developed and why using a structured method of developing rules is beneficial to the HOA. The class was facilitated by Gen Wangler, Esq., CCAL, of Fiore Racobs & Powers and myself, Steven Shuey, of Personalized Property Management.

In addition to reviewing the best practices on how rules are developed for the community, proper methods for enforcement were also explained. It is important to understand that management doesn’t dictate what gets enforced or how it is done, even though your manager may have good recommendations. In California management

22

Quorum March, 2016

serves at the pleasure of the board, therefore the board of directors needs to know how to develop policies for management to use and follow.

CAI offers several BMW classes throughout the year at a very reasonable cost. These classes are specifically for board members and other association leaders who may become board members one day. Once a year CAI holds an all-day workshop known as the Board Leadership Development Workshop. This year’s class will be held April 15th. This is a newly updated version of what was known as the Essentials class in past years.

Therefore, even if you have attended Essentials classes in the past, you may want to attend this Board Leadership Development Workshop. There will be 8 facilitators helping teach this course. Space will be limited, so sign up early by contacting the CAI office.

Steven Shuey is a Professional Community Association Manager, (PCAM) working with Personalized Property Management as a consultant to communities throughout the country. He serves on the National Faculty for the Community Associations Institute. He may be contacted at IslandMgr@aol.com.

CAI’s Board Leadership Development Workshop

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23

FEATURE

The Dawn of the Smart Community

By Kimberly Weiss, CEO/President, Three Phase Electric

D

o you manage a Smart Community? our lives and will be recorded as one monitor, managers of Smart Cities Think about it. Your community of the foundational inventions of the can know the quality of the air has minimized expenses, maximized century. The Smart Phone has been the compared to this same day last reserves, tackled the Davis Stirling heir of the perfect storm in that all of year and for the last 100 years, rewrite - no problem. It has inspectors the conditions were right, but one of the that there is a cracked water line of election, the governing documents key factors to its success was the perfect on Main street at risk of rupturhave been modernized, the CDs are platform provided by the cell phone. It’s ing, and a streetlight is showing monitored, insurance protections are in with you all the time, it has power, it has power irregularity on First street. place, and the delinquencies of 2010 have electronics. It works.

More importantly, due to shared been conquered. Well done. You plot the Innovation has now paved the way data, the water company also course to help your community navigate for progressive cities to profit from the knows about the stressed water the obstacles and stay up to date. You stay Internet of Things through transforma- line and can take action promptly on the cutting edge of everything before its a major problem that’s good for your community and the electrical mainCity managers can use data to because you care. And so in this tenance department can make their environments more day of smart phones and smart TVs, investigate the streetlight inviting, comforting, cost effective you are about to discover the dawn before the impending of the Smart Community. outage even occurs. City and safe – ultimately attracting The Internet of Things (IoT) is managers can use data to more residents and providing upon us. The Internet of Things make their environments (IoT) is a network of physical more inviting, comfortan improved quality of life. objects or “things” that are embeding, cost effective and safe ded with four attributes: electronics, tion into Smart Cities. Product devel- – ultimately attracting more resisoftware, sensors, and connectivity. opers have realized that we have the dents and providing an improved By utilizing the IoT, we can achieve capability to connect systems and things quality of life. greater value and service by exchanging and that there is much that cities can Cities like San Diego, Los data with the manufacturer, operator gain by doing so, but they had to come Angeles, Oceanside, Carlsbad and and/or other connected devices. Each up with a platform to host the Internet of San Jose are leading the move“thing” is uniquely identifiable through Things in public areas. Enter the rebirth ment by harnessing the benefits its embedded computing system but is of the light pole. It, like the cell phone, of their existing streetlights to able to interoperate within the existing is the perfect platform. Light poles are begin the transformation into internet infrastructure. This allows connected to power 24/7 (whether the Smart Cities. “things” to work independently or cor- light is on or not) and are strategically Like cities, our community roborate with other “things” or people placed, so they’re in the right place at the associations can also benefit by for greater effect. right time. They have height, allowing the new technology. Harnessing The Internet of Things has been the equipment to be out of harm’s way. the power of our existing light greatly used within the industrial, LED lighting is electronic, so electronics poles, we can now easily incorretail and consumer world for improve- are present, allowing it to be connected porate networked controls into a ments of every kind. Think about your to the internet. Sensors and software planned LED conversion project.

Smart Phone – it is a prime example of can easily be added.

The system consists of one hub or The Internet of Things. Loaded with One Smart System opens the door for control box, located in a central sensors, Smart Phones have changed more. From a glance at their computer location, and a “node” on each

24

Quorum March, 2016

FEATURE

Security surveillance, wi-fi hot spots, speakers for music or messages, digital banners for community announcements or advertising, and nearly any other sensors imaginable can be added. light pole. The nodes communicate with the hub and the hub transmits data through the cloud. The community manager or lighting maintenance contractor then logs into a secure website to access the data, evaluate energy usage, make changes to the control system, etc.

The networked lighting control system allows control of the on/off times to the minute, allows variances to individual poles, identifies outages by a marker on a map due to embedded GPS, identifies potential outages before they occur, allows the lights to be dimmed or turned off when no one is present or at a certain hour, turns the lights back on when someone comes, dim just one light that might be shining in someone’s window, calculates exact power consumption and more. The system can act even as an emergency alert system by turning on all the street lights at once to their brightest, or by flashing to get people’s attention. A speaker system can be installed on key poles to broadcast alerts and give information to the community about what's going on and where to find help. California’s perpetual wildfires are a perfect example of

where a system like this could not only alert residents of the need for evacuation, but tell them where to go.

Installation of a networked lighting control system provides the platform for a plethora of optional ad-ons based on community needs, playing a key role in the development of a truly Smart Community. Security surveillance, wi-fi hot spots, speakers for music or messages, digital banners for community announcements or advertising, and nearly any other sensors imaginable can be added. The sensor development platform has been opened up to individual companies (similar to smart phone aps), so individual creativity and need are the only limits.

The way cities are financing these upgrades, and the way HOAs can too, is by incorporating them into an LED lighting project. While you have a man on site replacing the fixture head, there is literally no additional labor required to install the control system. There are substantial maintenance and energy savings available alone with the LED upgrade, so cities are using the savings to finance and justify the addition of connectivity, thus

CAI-CV.org

enhancing the quality of life among residents and providing numerous added benefits. In addition, the Smart Controls themselves have given them the ability to cut power consumption even further due to their dimming capability, saving energy and money, and extending their equipment life by a long shot.

Outdoor Lighting is now a tool that can provide much more than night-time visibility. Due to the incredible opportunities available by adding connectivity and sensing capabilities, lighting professionals and community managers ought to be eager to present this exciting prospect to community decision makers.

After all, creating a safer, more intelligent environment for people to live and thrive is a bright idea and the true mark of a California Smart Community.

Kimberly Weiss, CEO/ President Three Phase Electric, Serving Southern California since 1989. We’re Your HOA Lighting and Electrical Experts. Locally serving the Coachella Valley with our full office in Thousand Palms. We can be reached by calling (760) 343-7400, and online at HOAlighting.com.

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25

TIME HONORED Mary Walker

By Phyllis Harkins

A

lthough there are many long-time CAI-CV Chapter members, few exceed the length of Chapter service that Mary Walker has given to our organization. In the 1980s, Mary provided homeowner association management to HOAs in northwest Washington State. After her move to the Coachella Valley in the early 1990s, Mary was hired by Chapter member Personalized Property Management as an office receptionist and quickly moved into portfolio management, and then onto other management positions within the company. After ten years, when Mary moved on to a position with Morningside HOA as the onsite Manager reporting directly to the Board, PPM placed a full page in the Quorum to thank Mary for her service to their company, and to wish her the best in her future. That tells you of Mary’s personal values and also her skills in all aspects of homeowner association management. Currently she is the owner of MW Consulting, a full service HOA firm, specializing in professional consulting to developers, HOA boards, managers and management companies.

In her interview for this article, Mary listed a number of mentors who guided her career, starting with her grandfather who owned a large jewelry store in downtown

Quorum March, 2016

Los Angeles; other mentors included her sister, a florist company boss, and several board directors from various HOAs in the Coachella Valley. Mary joined the CAI-CV Chapter over 24 years ago; she stated that she originally joined in order to have networking opportunities and the chance to meet other community association managers.

When reviewing the list of CAI-CV Committees on which she has served, it would simply be easier to say that in her 24 plus years, there isn’t a Chapter Committee on which she hasn’t served!!!

Mary has always believed in the value of education for managers, and she has pursued many certifications and designations in her lengthy career. She recently received her Large Scale certification from CACM; she has held the CCAM designation from that organization for over 15 years, and also recently completed 13 years of service on the CACM board of directors. Mary was one of the first managers in the Valley to receive her AMS designation from CAI National. She served as CAI-CV board president in 2000 and has also served as past chair of many Chapter committees. She mentioned in her interview that she is proud of her service to the Chapter for three CAI National conventions held in the Coachella Valley, one for which she and the other Convention Committee members received a CAI National award for their outstanding convention presentation.

Mary enjoys many diverse hobbies, including traveling, gardening and cribbage play.

Two of her favorite expressions are “Everything in this world was declared impossible before it was actually done” and to jog the memory of long time Chapter members, “What happens at National Conventions stays at National Conventions.”

When asked what career she would have pursued, if not the HOA management industry, she responded that she might have been an attorney or a lobbyist. Those responses are not surprising to those who know Mary for her thoroughness in writing copious notes and her ability to forge a coalition when initially that seemed impossible.

The CAI-CV Chapter thanks Mary Walker for her steadfast dedication to our Chapter; the Chapter is a better place thanks to her hard work for more than 24 years.

WELCOME ABOARD

By Lisa Lynn, CCAM

Gold Coast Communit y Management provides management services to Associations of every size, providing customized services to each and every client.

As a local company, with in-house accounting services, they can respond quickly and adapt to the specific needs of Board of Directors. Customer Service is their number one priority.

Gold Coast Community Management is dedicated to providing weekly education & training for their staff to ensure all of the communities they manage receive the most current & updated information.

Gold Coast Community Management believes that the best overall approach to providing the best possible customer service to their clients is to continually listen and communicate constantly with their Board & Committee members, residents and vendors. The staff works effectively with the Board of Directors to address and resolve any issues with minimal inconvenience to the residents.

Their company philosophy remains committed to providing personalized care, effective communication and a vision toward the future. Their managers are dedicated to returning all emails and phone calls the same day, ensuring that Board directed tasks are completed within thirty (30) days in time for the next Board Meeting. Their support team ensures that the managers are proactive with maintaining and improving your community.

They have joined CAI to be at the forefront of education and training.

Timothy C. Peckham, PCAM, CCAM; CEO of Gold Coast states “As an executive of Gold Coast Community Management, I lead by example and will directly assist your Community Manager to ensure the highest standards are achieved and that we exceed expectations. I am always available to Board members to discuss any issue of interest.�

Gold Coast Community Management has been in business for 37 years, with 25 employees and offices in Orange County and Palm Desert. Their Coachella Valley office is located at 75-178 Gerald Ford Drive, Suite B-1, Palm Desert, CA 92211. Mr. Peckham can be reached at (760) 202-9880 or tim@goldcoastent.com.

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27

WATER WISE

Community Associations: We’re Here to Help You

By Heather Engel, Director of Communication & Conservation

I

’m the manager of a Coachella Valley community association and we just received a large drought penalty even though we’ve taken steps to cut back on water use. Now residents are understandably upset too. What can we do to avoid drought penalties in the future?

Let me say upfront that the Coachella Valley Water District does not want your community association to pay drought penalties or fines.

Instead, we are here to help you manage your water use so that you can stay within your budget and avoid drought penalties.

As you know, the temporary drought budgets and penalty rates are part of an overall incentive program that CVWD has adopted to promote conservation. Increased water budgets to allow for overseeding also have been eliminated. In addition, CVWD has dedicated nearly $7 million in funds for conservation in the 2015-16 fiscal year.

Currently about 76% of CVWD customers are meeting the drought budgets set by CVWD. Unfortunately, this isn’t good enough. The state has been requiring CVWD customers to reduce cumulative domestic water use by 36% when compared to the same month in 2013 or face penalties of up to $10,000 per day.

This conservation mandate will change to 32% starting March 1, due to an adjustment that recognizes the greater challenges faced by regions with higher temperatures.

The month-to-month rolling average for CVWD customers, which the state considers to determine if the conservation mandate is being met, is 25.49%.

That’s why we want to help you avoid

28

Quorum March, 2016

Let me say upfront that the Coachella Valley Water District does not want your community association to pay drought penalties or fines. Instead, we are here to help you manage your water use so that you can stay within your budget and avoid drought penalties. drought penalties and fines – because we are all in this together. We need everyone to conserve our most precious resource, water.

The truth is that if you are in Tier 5, something is wrong. You may have leaks in your irrigation system. Or perhaps you reseeded, requiring extra water not permitted in the drought budget. Now is the time to make the necessary changes to become efficient. And CVWD can help you.

Here are just some of the ways that CVWD can assist your community association: ■ Water Management staff can visit your association and assess your irrigation system for efficiency.

■ We can provide a speaker for a meeting with HOA committee members, managers or residents to help explain the need for water conservation and the options for meeting that monthly budget.

■ Suggestions for desert friendly plants and photos of water efficient landscapes are available at our website at www.cvwd.org ■ Rebates for turf conversion projects and other water conservation efforts are available from CVWD, sometimes in conjunction with local city rebate programs.

More information is available at www.cvwd.org To set up a consultation, call us at (760) 398-2651. Rebate applications are available in person at a CVWD office or at our website at www.cvwd.org Thank you for doing your part to conserve water during the ongoing drought.

Heather Engel is the director of Communication & Conservation for the Coachella Valley Water District. She can be reached at hengel@cvwd.org or at (760) 398-2661.

伀甀爀 匀攀爀瘀椀挀攀猀㨀

∠ 䄀猀瀀栀愀氀琀 刀攀瀀愀椀爀Ⰰ 倀愀琀挀栀椀渀最 ☀ 䌀爀愀挀欀昀椀氀氀 ∠ 䄀猀瀀栀愀氀琀 刀攀洀漀瘀愀氀 ☀ 刀攀瀀氀愀挀攀洀攀渀琀 ∠ 䜀爀愀搀椀渀最 愀渀搀 一攀眀 倀愀瘀椀渀最 ∠ 伀瘀攀爀氀愀礀猀 愀渀搀 䘀愀戀爀椀挀 伀瘀攀爀氀愀礀猀 ∠ 䄀氀氀 琀礀瀀攀猀 漀昀 匀氀甀爀爀礀 匀攀愀氀猀Ⰰ 倀愀瘀攀洀攀渀琀 䌀漀愀琀椀渀最猀 愀渀搀 匀琀爀椀瀀椀渀最

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㠀 ⸀㌀㔀㜀⸀ 㜀㄀㄀ 愀洀猀瀀愀瘀椀渀最⸀挀漀洀

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29

CHARITY

Desert Classic Charities

By Tiffany Goff

Jason Dufner, PGA TOUR Professional on Hole 17

The Pete Dye-designed track is ranked No. 40 on Golf Digest’s “100 Greatest Public Courses” and features one of the most “Dye-abolical” holes – the par-3 17th nicknamed “Alcatraz.”

L

ocal nonprofit entity, Desert Classic Charities (DCC), hosts one of the valley’s biggest charitable events, the CareerBuilder Challenge, in partnership with the Clinton Foundation, the PGA TOUR golf tournament held in January.

The tournament, formerly known as the Humana and prior the Bob Hope Classic began a new chapter of excitement in 2016 with a new title sponsor, CareerBuilder. The Chicagobased Corporation inherited a rich legacy of charitable giving and spectacularly entertaining golf.

As is customary, each year following the tournament DCC presents 40 local charities with donations based on the success of the tournament. Donations, last year amounting to $925,000, are presented to nonprofit organizations in three categories; Structured Programs for Children, Rehab, Social and Support Services, and Food and Shelter for the Hungry, Homeless and Abused. Included in the total contributions is a donation presented to Eisenhower Medical Center, the event's primary charitable beneficiary since its inception in 1960. Many of the charities that CAI-CV members volunteer for benefited this year from the Tournament. "We are very proud of our role in helping establish Eisenhower Medical Center as one of the nation's premier medical facilities, but something else we take great pride in is our role in benefiting so many

30

Quorum January, 2015

John Foster, President of the Board of Desert Classic Charities and Michael Landes, President, Eisenhower Medical Center Foundation

CHARITY

John White, KESQ News Channel 3 News Anchor with several Coachella Valley charity check recipients

wonderful organizations throughout the Coachella Valley," said John Foster, Chairman of the Board of Desert Classic Charities, the philanthropic arm of the CareerBuilder Challenge.

During the past 57 years, the event has generated more than $57 million in donations to Eisenhower Medical Center and charities within the Coachella Valley.

The tournament held in La Quinta is played on three courses, the La Quinta Country Club, part of the rotation for 50 years now, the host course, the TPC Stadium Course at PGA WEST and the Jack Nicklaus Tournament Course at PGA WEST, one of the most heralded public courses in the country.

The Stadium Course is a bucket-list course for many avid golfers. The Pete Dye-designed track is ranked No. 40 on Golf Digest’s “100 Greatest Public Courses” and features one of the most “Dye-abolical” holes – the par-3 17th nicknamed “Alcatraz.”

The hole plays to a seemingly innocuous 163 yards, but is all carry – over a lake to an island green that seems to shrink the moment you put your ball on the tee.

The spectator experience at this event is unmatched, Adirondack chairs on course, plenty of hilly seats, and bleachers invite fans to get up close and personal to the TOUR. From its inception as the Golf Classic in 1960, the CareerBuilder Challenge has offered golf fans plenty of action on the courses and opportunities to experience it all.

The 2016 tournament didn’t disappoint. You couldn’t have asked for a more exciting finish to the competition this year, with Jason Dufner’s great save on the spectacular 17th Hole, keeping him at the top of the leaderboard and positioning him as the ultimate victor of the tournament.

Please help DCC continue its support. Next year’s event will be held January 16-22, 2017. VIP Hospitality Suites, Ticket Plans, and Sponsorship Opportunities are available at www.careerbuilderchallenge.com or by calling the tournament office at 760-346-8184.

Tiffany Goff has been in the industry for 12 years, based here in the Coachella Valley. She is currently working at Dunn-Edwards Corporation, as well as a volunteer on multiple CAI committees, and holds her CCAM designation. You can contact Tiffany at (760) 776-5100 ext. 6345, or email her at tiffany.goff@dunnedwards.com.

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31

FEATURE

Technology is Our Friend, but Plan Accordingly for Current and Future Advances

By Jeffrey A. French, Esq.

N

ew technologies are continuing to be brought into common interest developments by both residents and associations alike at an ever increasing pace. These new technologies give rise to a myriad of issues for both boards and owners to deal with. While almost everyone seems to applaud technological advances, these advances oftentimes bring with them various legal issues.

Both boards and managers need to be prepared to deal with current and future technologies that present challenges to the “normal” operation of associations.

One area that continues to be a hot topic and will only grow in the future is that of solar power. Applications for solar installations used to be fairly infrequent in the nineties and early two thousands. That trend has changed and solar installations are growing each year as improved technology has made more efficient systems available, purchase and lease costs have become more affordable and the availability of government subsidies. Along with the proliferation of solar technology has come new challenges for associations dealing with the installation applications. Associations have had to look at issues such as view impairment, solar glare, aesthetic concerns, system efficiencies and operation, and rules designed to regulate all of this. Thus far, most associations have been able to strike a balance between

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Quorum March, 2016

the competing interests through the drafting of sensible rules, but not all communities are happy with the aesthetic changes solar power brings with it.

Regardless, as the technology advances associations will need to keep an eye on these advances in order stay out in front of the legal issues that may arise when owners want to take advantage of the latest solar technologies.

Another technology area that has been a big topic in the media of late is that of drones. In just a short period of time, drones have gone from strictly military applications to commercial and hobby applications. While drones offer a lot of positive aspects, they also have some negative aspects. As the technology advances out of its infancy for hobby type users, one can only guess

what adaptations are coming down the road. As it stands now, associations face such legal issues as noise, trespass, nuisance, unauthorized surveillance or photography/video, property damage, and invasion of privacy. All of these issues could give rise to a variety of legal issues for associations. Again, the key is to get out in front of these considerations and adopt sensible rules to address the negative aspects of drones. Then, as the technology changes over time, be prepared to go back and update these rules to adapt to the new technology.

A further area of constant technological advancement is in the area of social media. While many communities want to have some presence in the social media arena, not all social media is suitable for all associations. Before

While almost everyone seems to applaud technological advances, these advances oftentimes bring with them various legal issues.

FEATURE

jumping into a new social media arena, the Board should make sure the new technology is worthwhile and beneficial to the community. Moreover, the board should carefully examine whether the new media can be used in any negative or antagonistic manner relative to the association. Also, the board should examine who will communicate the association’s message and who will exercise control over the platform. For example, Nextdoor.com proved to be a good community communication tool for some developments, but for others it became an out of control platform for launching attacks against the association and personal attacks against members of the board. Thus, before an association puts its official seal of approval on any new social media and launches that platform, it should think long and hard about BOTH the potential positive and negative aspects.

Finally, an ever growing issue is that of electric cars and the charging stations for the cars. This technology will continue to evolve over time and we can expect to have more electrical cars in developments with owners that want charging stations. While perhaps not a huge issue for developments consisting of detached single family homes, the charging stations have been a bigger challenge for condominium type developments. Some owners cannot

efficiently and economically install charging stations in their assigned spaces. This in turn causes owners to look to the common area for options.

Also, in some developments, owners have demanded that the association install a community charging station in recognition of the ever growing number of electric cars. Generally, owners can install charging stations in their assigned or deeded spaces under certain conditions, and they may be able to do the same in the common area as well if certain pre-conditions are met. But, there is nothing forcing the association to jump in and provide charging stations for community use. Regardless, the ever expanding desire to install charging stations will give rise to a multitude of legal issues as the statutory framework is complicated. The bottom line is that this technology is only growing and it would behoove associations to get out in front of this complicated matter and work with legal counsel to craft some workable rules for future handling of the installation requests that will almost certainly be forthcoming.

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By now, you can see the trend here.

New and different technologies will continue to work their way into communities whether residents want them or not. Given this, boards and managers need to keep an eye on these technologies and try to stay out in front of them by adopting sensible rules and policies designed to handle the attendant issues.

By being proactive when faced with new technologies, associations can provide a framework under which the technologies can be used and enjoyed with hopefully great benefit to the overall community and minimal or no negative impacts.

This in turn should help to keep associations out of any legal entanglements relating to the new technologies that our owners and associations love to embrace and use.

Jeffrey A. French is a Partner with Green Bryant & French, LLP. His legal practice includes the representation of community associations, timeshare developments and private clubs in all aspects of the law. Jeffrey can be reached at jfrench@GBFLawyers.com.

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MAINTENANCE

Preserving Our Communities for the Future – Building Maintenance & Inspection From Top To Bottom

By Dan Stites

T

he best thing that we as human beings can do to live the longest, healthiest lives is to take good care of ourselves: Diet, exercise, medical and dental check-ups, and just doing a good job of maintaining our health. The analogy can be drawn for the physical assets in the communities in which we live. Proper maintenance will result in the longest life and the lowest life cycle cost. That translates into a community that is attractive, energy efficient, and environmentally friendly.

This month’s Maintenance & Reconstruction article is intended to give you a high level checklist for the maintenance of the building elements of your community. This list will not be applicable to every community nor will it be all inclusive for all communities.

It is simply a ‘long list’ of items that is intended to provide you with a starting point for developing a comprehensive maintenance plan for your community.

ROOFING All roofing systems should be inspected and maintained annually as a minimum. Older roofs or roofs located in areas where there can be significant debris build up (leaves, palm fronds, sand, tree branches, etc.) should be maintained more frequently. This inspection and maintenance should be completed by a licensed C39 roofing contractor.

Maintenance on a roofing system should include removal of debris, cleaning of rain gutters, scuppers and drains, and a detailed inspection of the entire roofing system. Maintenance should address all observed flaws in the sealing of f lashings around penetrations, 34

Quorum March, 2016

edges, and intersections; repair of any violations in the field whether in a flat built-up roof or a tile, shingle, or other style pitched roof. Vent tops, chimney flashings, and overflow drains should also be included in the inspection and maintenance.

ATTIC SPACE While not all homes will have an attic, it is important to conduct an inspection annually for those that do. This can be done at the same time as the roofing inspection and maintenance and, in some cases by the same individual.

You want to be looking for bugs, pests, water stains, and clogged vents.

Ventilation is critical to the life of the waterproofing membrane in the roofing system so simply make sure that all attic vents are clear of any blockages. This also prevents the build-up of mold and

mildew due to moisture entrapment.

Also, look for signs of termites, dry rot, or other homesteaders such as roof rats or some of their larger cousins. If the underside of the roof sheathing is visible from the attic, you should also take a detailed look for any water stains which usually indicate a roof leak. Also, inspect any plumbing in the attic for signs of a water leak. If you see a problem, call the right guy: Exterminator, Roofer, or Plumber.

FINESTRATION (WINDOWS AND DOORS) An annual inspection of windows and doors can identify energy leaks, water leaks, and failed windows. This shouldn’t take long and can result in a big savings in energy costs and subsequent damage if the issue goes unattended.

A simple walk-around from the

MAINTENANCE

outside at night with the interior lights on or from the inside on a bright sunny day may be all that is needed here. Look for dry or cracked caulking, foggy glass that won’t clean with a damp cloth, shards of light showing around the window perimeter. Caulk any visible cracks and replace any windows that are permanently ‘foggy.’ This is a sign that the seal on the dual pane window has failed. Be sure to also inspect the weather stripping on all sealed openings – failed weather stripping is a huge energy drain and a killer on the utility bills!

WATERPROOF DECKS, LANDINGS, AND BALCONIES Any walkable waterproof surfaces should be inspected annually. Look for cracks or chips in the finish coat, punctures or cuts in the surface, or signs of rust in any of the metal flashings or stucco screed if present.

It is always best to scrub the deck surfaces with a biodegradable cleaner and wash off with a hose. This removes any build-up that might retain water and can also serve as an effective water flood test.

It is a good idea to apply a new top coat once every two to four years depending upon the condition of the deck surface.

EXTERIOR WALL MATERIAL The cumulative effects of the harsh Southern California summers, large temperature swings between day and night, blowing sand, earthquakes, and all the other wonders of Mother Nature will weather the toughest of exterior finishes. An annual inspection and maintenance are essential to maximizing the

life of exterior wall material: Stucco/Plaster: Inspect for excessive cracking, staining, loose stucco, soft spots or blisters, and bulging or sloughing stucco. These all usually indicate that there is an underlying problem – and it usually related to some sort of water intrusion.

Siding: Inspect for cracked, loose, or broken components, dry rot, missing pieces, veins of dirt (termite tunnels), cracked or missing caulking.

MASONRY AND MORTAR Inspect annually for loose mortar joints, cracks, stains, wet areas, spalling, efflorescence, crumbling or missing elements. Replacing mortar and missing elements should be done at the time of the inspection. If any of the other issues are beyond minor aesthetic flaws, contact your local contractor to diagnose and correct the problem.

EXTERIOR FINISHES Annual inspection and maintenance of painted surfaces is essential to long life. Inspect for cracks, peeling, and alligatoring and other signs of paint failure. Localized failures should be spot repaired as leaving the substrate exposed to the elements is an invitation to termites, dry rot, and a host of other Wood Destroying Organisms for wood components and an invitation to rust for metals.

up a pretty healthy to-do list of repairs.

It is essential here in Southern California to stay on top of wood maintenance as early detection and treatment of WDO issues can avoid expensive repairs down the road.

I strongly recommend an Annual Pest Control program which includes an inspection, treatment and a oneyear warranty on the treatment. These programs are relatively inexpensive and are the best protection from a reserve busting wood repair problem.

PLUMBING All plumbing components should be inspected and maintained annually. The inspection should include the obvious leaks or unusual noises but also should include lubrication of pump and fan bearings where applicable. The inspection should include all of the usual suspects such as hose bibs, faucets, drains, shower heads, toilets, couplings, hot water heaters, chillers, gas supply lines, and the list goes on.

WOOD DECKS, SIDING AND TRIM Wood repair and replacement is one of the largest, most expensive, and preventable scope items in building maintenance. The issues can range from minor aesthetic repairs in the hundreds of dollars to major structural reconstruction projects in the hundreds of thousands of dollars.

An annual inspection in search of dry rot, termites, water soaked wood, cracking, warping, loose steps or railing, or other signs of failure will usually turn

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MAINTENANCE

PE ARLS OF

WISDOM TIPS TO ENSURE A

HAPPY COMMUNITY

ASSOCIATION

EXPERIENCE Compiled by Kenneth M. Budd HEATING, VENTILATION AND AIR CONDITIONING HVAC systems should be checked twice a year with seasonal start up and run inspections. Air conditioners, in particular, should be checked by a licensed HVAC contractor to ensure proper compressor and motor function as well as refrigerant levels. Air filters should be changed at least quarterly – particularly in the desert areas where blowing sand and dust can clog filters in no time.

ELECTRICAL Annual inspection of the building electrical system is recommended. The inspections should include checking the operation of all outlets and switches, GFI’s, circuit breakers, exhaust fans, and exposed junction boxes. Any aluminum wire connectors should also be inspected by an electrician.

EXTERIOR LIGHTING Lighting should be maintained on an ongoing basis but scheduled annual inspections are always a good idea.

The inspection should include checking for worn or torn insulated wires or cables, loose screws or hardware that is not properly secured, gaskets that are worn or loose, and replacing burnedout lamps. You might consider group re-lamping as lightbulbs tend to have similar life cycles and it may be more 36

Quorum March, 2016

cost effective to simply replace all lamps in a particular group when one or two fail. It is also a good idea to clean exterior lamps to enhance lighting performance and re-aim adjustable flood and spot lighting.

Other building systems that we have not touched on but are important to inspect and maintain on a scheduled basis include and fire or life safety systems such as CO detectors, smoke detectors, fire extinguishers, and security alarm systems. Changing batteries and testing functionality are critical minimums for these systems.

This checklist is not intended to be an all-inclusive guide but to highlight the major building components that need regular, scheduled inspection and maintenance. It can be a starting point for developing a comprehensive maintenance plan that will promote a longer life while maintaining an attractive, energy efficient, environmentally friendly, and cost effective community.

Dan Stites is a degreed and licensed Professional Engineer with over 35 years of experience in the construction industry. He also holds C-39 Roofing and Waterproofing and “B” General Building Contractor licenses and has completed graduate studies in business at Rice University and Thunderbird School of Global Management.

H. Jackson Brown, Jr., wrote Life’s Little Instruction Book to provide his son with wisdom he could refer to as he lived his life. In that same spirit, CAI editors have combed through 20 years of CAI publications and periodicals to offer similar thoughts for successful community association living. Here then, are ten Pearls of Wisdom pulled from the 116, for this month to guide you and ensure that your association experience is a happy and rewarding one.

BE A GOOD BOARD MEMBER 1. Serve because you care, not because you have a hidden agenda.

2. Study the documents before you enforce them.

3. Don't go on a power trip.

4. Remember your duty to protect and enhance the value of the property.

5. Conduct a reserve study.

6. Let the manager manage.

7. Focus on policies, plans, and objectives.

8. Communicate, communicate, and communicate.

9. Communicate some more.

PE ARLS OF WISDOM

760-250-6232

1peggylaw@gmail.com

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2016 NONMEMBER ADVERTISING PLAN

CIATIO ASSO NS TY IN NI L LA

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Quorum March, 2016

CONTENTS

Advertisers ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP................................................. 27

ASPHALT AMS PAVING.................................................................... 29 ASPHALT MD’S.................................................................. 6

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CONSTRUCTION CBCI CONSTRUCTION...................................................... 37

ELECTRIC & WATER COACHELLA VALLEY WATER DISTRICT............................. 3

LANDSCAPING

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CONSERVE LANDCARE.................................................... 31 SUNSHINE LANDSCAPE................................................... 19 WATERRITE - VINTAGE ASSOCIATES, INC....................... 37

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POOL DECK RESURFACING CTI OF THE DESERT......................................................... 27

POOL WATER PURIFICATION PURIFIED POOL WATER................................................... 31

ROOFING WESTERN PACIFIC ROOFING........................................... 19

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

SECURITY ALLIED BARTON.............................................................. 39 AMS SECURITY.................................................................. 3 SECURITAS...................................................................... 27

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