APRIL 2017
Coachella Valley Community Associations Institute Magazine
Laguna de la Paz CHOOSING SERVICE PROVIDERS 13 Directory of Credentialed Professionals
energize educate elevate
CAI-CV will energize our members to seek CAI education to elevate themselves & the CID industry.
14 What You Should Know When Choosing a Security Guard Company 18 The Risks of Hiring an Unlicensed General Contractor 22 The Symbiotic Relationship of Realtors, Homeowner Associations and Community Association Managers 26 Choosing Service Providers for the Community 28 Help Your Business Partners Help You!
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Quorum April, 2017
Peggy@PeggyRedmonLaw.com
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Stay connected with us! (760) 398-2651 www.cvwd.org
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BOARD OF DIRECTORS COACHELLA VALLEY CHAPTER 2017 PHYLLIS HARKINS, CMCA, CCAM, AMS PRESIDENT The Management Trust – Palm Desert
A Full Service lAw Firm
GEN WANGLER, ESQ., CCAL PRESIDENT ELECT Fiore Racobs & Powers A PLC
Providing Practical Approaches in:
GERARD GONZALES PAST PRESIDENT Albert Management, Inc.
CC&R Interpretation, Drafting and Enforcement
CAI-CV
EDUCATED BUSINESS PARTNER
Opinion Letters
JOHN WALTERS-CLARK SECRETARY Associa Desert Resort Management
Contract Drafting and Negotiation
CARDINAL AMBROSE, CCAM, CMCA, AMS DIRECTOR Albert Management, Inc.
Civil Litigation
TAD BLACK DIRECTOR Associa OnCall
Assessment Recovery 73-710 Fred Waring Drive, Suite 120, Palm Desert, California 92260
JOLEN ZEROSKI, CMCA TREASURER Union Bank
For inquires contact Jeffrey French www.gbflawyers.com
| 760.346.9310
RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management MATT LAWTON, CIRMS DIRECTOR Prendiville Insurance Agency LOUISE STETTLER DIRECTOR Palm Valley Country Club HOA MIKE TRAIDMAN DIRECTOR Mira Vista HOA
CAI Coachella Valley Office 41-905 Boardwalk, Suite A-2 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org
choose the right loan
for your next project. take that to the bank
CAL LOCKETT Executive Director clockett@cai-cv.org
ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION
Brendan Concannon Regional Account Executive 619-261-6643 Toll Free 866-800-4656, ext. 7480 brendan.concannon@ mutualofomahabank.com
mutualofomahabank.com AFN45863_0117
admin@cai-cv.org
Member FDIC Equal Housing Lender EQUAL HOUSING
LENDER
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Quorum April, 2017
The materials contained in this publication are designed to provide our members with accurate, timely and authoritative information with regard to the subject covered. However, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services. The Coachella Valley Chapter has not verified and/or endorsed the contents of these articles or advertising, nor do we have the facilities or the personnel to do so. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.
CONTENTS
10 FEATURES
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Laguna de la Paz By Ellen Kahhan, CMCA, AMS, CCAM
13
Directory of Credentialed Professionals
14
What You Should Know in Choosing a Security Guard Company
13
By Kimberly Burnett
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The Risks of Hiring an Unlicensed General Contractor
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By Howard J. Silldorf, Esq.
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The Symbiotic Relationship of Realtors, Homeowner Associations and Community Association Managers By Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx
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Choosing Service Providers for the Community
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A Manager's Point of View
By Steven Shuey, PCAM, CCAM
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Help Your Business Partners Help You! By Dan H. Stites
CHAPTER EVENTS
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35
CAI-CV's Corks for CLAC, Wine Tasting
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20
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Friday, March 3, 2017 Shields Date Garden
Ask The Attorney Program March 10, 2017 Sun City Palm Desert
CAI-CV.org
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QUORUM COMMITTEE MEMBERS CAI-CV
EDUCATED BUSINESS PARTNER
CAI-CV
EDUCATED BUSINESS PARTNER
DEA FRANCK, ESQ. CHAIR Epsten Grinnell & Howell, APC RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc.
PHYLLIS HARKINS, CMCA, AMS, CCAM-LS, CAMEX BOARD LIAISON The Management Trust - Palm Desert TARA ABAKUMOFF Roseman & Associates, APCl TIM ALBERT AlliedUniversal CARI BURLEIGH The Management Trust - Palm Desert KIMBERLY BURNETT U. S. Security Associates ALAN J. CARNEGIE, ESQ. Daniels, Fine, Israel, Schonbuch & Lebovits, LLP ERIN FUJIOKA G4S Secure Solutions, USA
CAI-CV
EDUCATED BUSINESS PARTNER
ANTOINETTE HAMILTON Suntrek Solar JENNIFER JAMES, ESQ. Law Office of Jennifer James
CAI-CV
EDUCATED BUSINESS PARTNER
ERIN KLINK Pacific Western Bank FRAN MULLAHY Vintage Associates, Inc.
CAI-CV
EDUCATED BUSINESS PARTNER
CAI-CV
EDUCATED BUSINESS PARTNER
SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC.
STEVEN SHUEY, PCAM Personalized Property Management Co.
CAI-CV
EDUCATED BUSINESS PARTNER
DAN STITES CBCI Construction, Inc.
TIFFANY WRIGHT, CCAM The Management Trust, Palm Desert
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CREATIVE DIRECTOR & GRAPHIC DESIGNER
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CAI-CV
EDUCATED BUSINESS PARTNER
SUBSCRIBER SERVICES
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CAI Annual Conference & Exposition May 3–6, 2017 | Caesars Palace Las Vegas 6
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RODNEY BISSELL Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749
The Coachella Valley Quorum Magazine is a publication expressly prepared for association leaders, managers and related business professionals of the Community Associations Institute. Members are encouraged to submit articles for publishing consideration. All articles accepted for publication in Quorum are subject to editing and rewriting by the Quorum Committee.
CONTENTS
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CAI-CV
EDUCATED BUSINESS PARTNER
19 Community Association Attorneys
www.lawforhoas.com 800-372-2207
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DEPARTMENTS
CHAPTER NEWS
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CAI-CV Chapter New & Renewing Members
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Choose Educated Business Partners
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Meet the Board
Past President Gerard Gonzales
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President’s Message
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Platinum Spotlight
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Welcome Aboard
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Water Wise
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Trending Now
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About CLAC
By Phyllis Harkins
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Meet the Golf Committee Chair
Cameron Bridges
By Erin Fujioka
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CAI Word Search
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Chapter Upcoming Events
Western Pacific Roofing Corporation
Swedelson Gottlieb By Tara Abakumoff
Look to Other HOAs for Landscaping Ideas By Katie Evans
Become Your Own Interior Designer with These Apps and Websites By Antoinette Hamilton
California Legislative Action Committee Advocacy Update CLAC Buck-A-Door Pledge Form
By Steven Shuey, PCAM, CCAM
CAI-CV.org
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FROM THE CHAPTER
President’s Message Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx The Management Trust – Palm Desert CAI-CV Chapter President
CA I - C V M I S S I O N S TAT E M E N T The mission of CAI-CV is to provide leadership for successful development and operation of community associations through information, research and education.
In last month’s edition, I spoke about looking forward to June 1st, and considering the lightning speed at which March traveled, it will be here before we realize. Are we ready for summer 2017, which may be as busy, although on a different level, than the “season”? This spring and summer, we managers are facing budgets, reserve studies, RFPs for projects and hopefully at least a week or two of vacation, a true vacation with no email or telephone calls. As noted below, our Chapter is still moving along with multiple projects and events, and I’m sure our staff is looking forward to a break later this summer. Before we talk about upcoming events, I want to take a moment to congratulate our 37 Business Partners who have earned the Educated Business Partner Distinction – 25 of them on March 24th. You can see their names on page 13 of this issue of Quorum. These business partners elevated their profesCAI-CV sionalism by taking the time to attend CAI National’s half-day course and then pass the National online EDUCATED BUSINESS test to achieve their distinction. CAI-CV has created a logo for them and I hope all our members will PARTNER consider the efforts these businesses have made to serve our industry with professionalism and ethics. On April 7, we will host a Manager on the Run (MOTR) program focused on financials with Keith L. Lavery, PCAM, from Associa Desert Resort Management. CAI-CV’s Board Leadership Development Workshop for community board members will take place on Friday, April 14, at The Classic Club. This day-long intense workshop for community board members is FREE thanks to the generous support of our sponsors. Managers, make sure you sign up your boards. On April 21, we will hold an Educational Lunch Program and Mini Trade Show with the topic of emergency preparedness. For those of you interested in the Legislative process, you won’t want to miss CAI’s Day at the Capitol with educational presentations on Sunday, April 23rd and Legislative office visits on Monday, April 24th. And, please join us for our annual Spring Golf Tournament at The Springs Country Club on Friday, April 28, 2017. Even if you aren’t a golfer, you are welcome to join us for a fun lunch and live auction. Tickets for golfers and lunch are available online. This is a REALLY fun event, a great way to relax on a Friday. Please also mark your calendars for the MOTR/Summer Sizzler event at The Classic Club on June 2nd and CAI-CV’s annual Bowling Tournament on Friday, June 23rd. In this edition, our Chair, Dea Franck, Esq., repeats a famous quote from Winston Churchill. It, along with this one from Eleanor Roosevelt, define who we are as volunteers for the CAI-CV Chapter: “A good leader inspires people to have confidence in the leader, a great leader inspires people to have confidence in themselves.” Each of you is a leader in our Chapter, and you inspire me. Thanks for all you do every month for our Chapter. Phyllis Harkins, CAI-CV President
Phyllis Harkins
Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx General Manager, Portola Country Club The Management Trust - Palm Desert
CAI-CV will energize our members to seek CAI education to elevate themselves & the CID industry.
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energize educate elevate
CAI-CV Chapter New & Renewing Members RENEWING BUSINESS PARTNERS BANK OF SOUTHERN CALIFORNIA Angela Henderson (760) 771-3914 ahenderson@banksocal.com
DATATECH BUSINESS CONSULTANTS, INC. Katherine Melbern (760) 808-2752 Katherine@datatechcorporation.com
BISSELL DESIGN STUDIOS INC. Rodney Bissell (714) 293-3749 rodney@bisselldesign.com
MARABELLA ESTATES John Edwards managermarabelle@gmail.com
IMPERIAL SPRINKLER SUPPLY Michael Perilman (714) 696-7531 mikep@imperialsprinkler.com PRO LANDSCAPING, INC. Jesse Escamill (760) 343-0162 office@proland-inc.com RENEWING NATIONAL CORPORATE MEMBERSHIP CERTAPRO PAINTERS Lawrence Nelson (760) 320-1909 tnelson@certapro.com NEW MANAGER MEMBERSHIPS PRIME ASSOCIATION SERVICES Ed Paquette (760) 360-5580 edpaquette@thep0rimesas.com RENEWING MANAGER MEMBERSHIPS ASSOCIA DESERT RESORT MANAGEMENT Edan Michelle Lopez (760) 346-1161 mlara@drminternet.com Rebecca Flores (760) 346-1161 Ext. 121 rflores@drminternet.com Richard Smetana (760) 333-1118 richard.smetana@associa.us Terry Kramer (760) 772-2092 tkramer@drminternet.com
NEW MULTI-CHAPTER BUSINESS PARTNERS BARCODE AUTOMATION, INC. Ryan Waxberg (407) 327-2177 ryan@barcode-automation.com NEW MULTI-CHAPTER BUSINESS PARTNERS ALLIED UNIVERSAL Scott Carpenter (310) 228-0070 srcarpenter71@yahoo.com
MCM is the Key to Your Community Management Services
Experienced & Educated Team Superior Customer Service Honest, Ethical & Hardworking Contact Us Today for a free Consultation Millennium Community Management LLC 760. 834.8948/ contact@MCMisKey.com www.MCMisKey.com 75145 St. Charles Place, Suite 3 Palm Desert, CA 92211 760. 834.8948511108.
2780866.508. 278
BEHR & KILZ PAINTS & PRIMERS Tim Hoss (714) 365-7427 thoss@behrpaint.com EAGLE ROOFING PRODUCTS Greg Morrow (909) 633-2191 gregm@eagleroofing.com EPSTEN GRINNELL & HOWELL, APC Tiffany Christian (858) 527-0111 tchristian@epsten.com NEW VOLUNTEER LEADER Sally Armitage RENEWING VOLUNTEER LEADER James Leighty DESERT BRAEMAR, INC. Ralph Ellasson Susan Fagan Dick Gunning Fred Lavey
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FEATURE
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FEATURE
Laguna de la Paz By Ellen Kahhan, CMCA, AMS, CCAM
L
aguna de la Paz (LDLP) is a premier mid-priced La Quinta community nestled in the magnificent Santa Rosa Mountains. Located minutes from the world class La Quinta Resort and the charming shops and restaurants of Old Town La Quinta, the location and amenities are unsurpassed. The entrance to the community is on Eisenhower Drive about 50 yards west of Washington Street. This gorgeous development is secured with a 24/7 manned gate and security patrols. It boasts a newly renovated signature front entrance with a lush and professional landscape design, new gates and a sculpture that captures the majesty of the mountains. There are 392 homes and one lot on the property. The amenities galore include a five acre lake with boating, a new marina, 15 pools and 16 spas, five tennis courts, a clubhouse that can be rented for private use, protected lake and mountain views and green belts. Front yard and roof maintenance are provided by the HOA. LDLP was recently awarded first place among large scale HOA’s in California for landscape maintenance from the California Landscape Contractors Association. From the breathtaking waterfall at the lake to the manicured landscaping throughout the community, the surroundings are the perfect backdrop to a resort lifestyle. CAI-CV.org
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FEATURE The environmentally conscious Board of Directors and Management partnered with Conserve LandCare to remove miles of turf from the pony walls and replace existing irrigation heads with water efficient heads for maximum water conservation. The interiors of each cul de sac underwent a major re-grading and drainage project in 2015 to protect the community from a major rain event. Those interior green belts were then landscaped with efficient desert plants. For those who enjoy an active lifestyle, LDLP is brimming with activity. The Social Committee runs ongoing events and parties throughout the season, providing neighbors and friends the opportunity to gather at events such as Wine Down by the Lake, Coffee Plus and Game Day. To keep in shape, residents can visit the Fitness Center, which is fully equipped with modern machines and weights. It is hard to imagine all of these amenities for only $500 in monthly assessments. We are blessed with many talented and professional residents who volunteer for our numerous committees such as Architecture, Landscape and Maintenance. The Strategic Planning Committee has developed short and long-term goals designed to increase property values and maintain a resort lifestyle. Our tennis community is quite active as well. The Board consists of five members who are committed to fiscal responsibility and conservation of natural resources. Ellen Kahhan is the on-site Community Association Manager for Laguna de la Paz. She is certified on the state and national levels and holds a specialty designation as an Association Management Specialist. She is also an out-of-state attorney licensed in PA where she practiced law for 23 years before re-locating to the West Coast. Ellen loves life here in the desert and enjoys the challenges of managing a community brimming with amenities and providing a resort lifestyle experience. 12
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CAI-EBP
Choose Educated Business Partners CAI-CV EXCEEDS EXPECTATIONS WITH EDUCATED BUSINESS PARTNERS On Friday, March 24, CAI-CV’s Business Partner and Education Committees hosted CAI’s Essentials for Business Partners Course at The Classic Club in Palm Desert. Twentyfive business partners participated in the half-day session and earned the coveted Educated Business Partner (EBP) distinction. The course outlines what every business needs to know about providing services in community associations. By completing the course, Business Partners show their commitment to the industry and show managers and board members an elevated level of professionalism. The course is available online 24/7 at www.caionline.org for $99. Congratulations to ALL 37 CAI-CV’s Business Partners who have completed the course. The Committees are considering offering the course again later in the year. If you are interested in participating in a group class for $75, please contact the CAI-CV office CAI-CV EDUCATED BUSINESS at 760-341-0559. PARTNER
Educated Business Partners Micha Ballesteros, Flood Response Rodney Bissell, Bissell Design Studios Inc. Susan Browne Rosenberg, CIH, Desert Cities Indoor Air, LLC Linda Cardoza, Alliance Association Bank Rick Cech, Western Pacific Roofing Corporation Tiffany Christian, Epsten Grinnell & Howell, APC Adam Eves, Empire Works Lori Fahnestock, Powerful Pest Management Dea Franck, Esq., Epsten Grinnell & Howell, APC Julie Frazier, Frazier Pest Control, Inc. Erin Fujioka, G4S Secure Solutions, USA Michael Graves, SCT Reserve Consultants
Amanda Gray, Peters & Freedman, L.L.P. Matthew Hills, Securitas Security Services USA, Inc. Tim Hoss, BEHR & KILZ Paints & Primers Jennifer James, Esq., Law Office of Jennifer James, Esq. Megan Kirkpatrick, Kirkpatrick Landscaping Services Jared Knight, Vista Paint Corporation Cyndi Koester, PCAM, SwedelsonGottlieb Katy Krupp, Fenton, Grant, Mayfield, Kaneda & Litt, LLP Larry Layton, Kirkpatrick Landscaping Services Alison LeBoeuf, PrimeCo Mike Mastropietro, OCBS, Inc. Chris Meyer, Asphalt MD's Greg Morrow, Eagle Roofing Products
Fran Mullahy, Vintage Associates Mike Murrell, Farmers Insurance - Mike Murrell Agency Chet Oshiro, EmpireWorks Mallory Paproth, SCT Reserve Consultants Elisa Perez, Esq., Epsten Grinnell & Howell, APC Dana Pride, Automation Pride Brent Sherman, Animal Pest Management Services, Inc. Brittany Smith, Vantage Point Construction, Inc. Jillian Steele, Patio Products USA Dan Stites, CBCI Construction Kymberli Taylor-Burke, NPG Asphalt Jolen Zeroski, Union Bank Homeowners Association Services
DIRECTORY OF CREDENTIALED PROFESSIONALS https://www.caionline.org/Pages/Credentials-Directory.aspx CAI is pleased to provide the Directory of Credentialed Professionals for all CAI members. This directory lists community managers who have earned the following CAI designations: Association Management Specialist (AMS), LargeScale Manager (LSM), and Professional Community Association Manager (PCAM). Also listed are professionals who have earned the Reserve Specialist (RS) and Community Insurance and Risk Management Specialist (CIRMS)
designations, members of the College of Community Association Lawyers (CCAL), and companies that have earned the Accredited Association Management Company (AAMC) accreditation. These credentialed professionals and companies have earned the recognition of being included in the directory. The listing also provides a way to locate and contact individual colleagues and peers. The CAI Directory of Credentialed Professionals only lists those individuals CAI-CV.org
that have a designation through CAI. Individuals seeking information regarding those who hold Community Association Managers International Certification Board's CMCA certification can use https://www.camicb.org/ find-a-cmca. While some individuals listed in the CAI directory may also have the CMCA, they are listed because they have one of CAI's designations as well. For a list of all CAI members, go to: http://directory.caionline.org.
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FEATURE TRAINING Look at the training programs available for officers. Are there classes to enhance the security at your location?
BACKGROUND AND DRUG TESTS
What You Should Know When Choosing a Security Guard Company By Kimberly Burnett
C
LOCAL MANAGEMENT
hoosing a security company is an important task. You are opening the community up to risks and liabilities along with giving a company an open door into your community. Although pricing is an important factor, it should only be one part of the decision making process. Here are some additional factors to be added to the evaluation process for the board or property management company:
PPO LICENSE In the state of California, security guard companies must be licensed by the Bureau of Security and Investigative Services (BSIS). The licensing includes Department of Justice background checks to ensure the qualified manager and/or each of the security officers do not have a criminal record. If the qualified manager or security officers gets charged for a crime after the issuance of the license, the license is revoked. Make sure you verify the security company and officers have valid BSIS licenses.
BRICK AND MORTAR OFFICE Brick and mortar is still important even in today’s internet age. Security is a professional business and should be managed as that. What is the
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Every officer working for a security company should have a drug and background test. Sometimes employees have been at a site for many years. When a new company comes in, all incumbent staff should be given a drug test and background check. If a security company does not see the importance of this or lets a long-term employee bypass the process, be concerned.
Quorum April, 2017
creditability of a company run from a PO box or the garage of a residence? Clients and officers need somewhere they can go if they have issues. Let’s say an officer has a payroll or uniform issue, it is difficult for an officer to resolve issues at a PO box or out of a residential garage. Visit the security’s company local office to make sure the company really has one.
CERTIFICATES OF INSURANCE Make sure you are receiving certificates of insurance with the HOA name and/or association management company on it as an insured. It is important that the entity contracting with the security company is listed on a certificate of insurance. What happens if something goes wrong? Will you really be covered if you are not on a certificate of insurance? No need to take that chance. If a security company does not want to issue you one, beware.
TECHNOLOGY Technology today is affording clients the opportunity to have more accountability and transparency at their sites. Many programs are offered including electronic check-in of officers, tours, GPS, KPI’s, gate management, ticket writing software, paperless daily activity and incident reports.
Local management allows for quick responsiveness if needed. More important, there is an understanding of the marketplace, including special needs of a community - like festivals in the Coachella Valley.
PAY RATES VS BILL RATES Look at the officer pay rates and what is included in the bill rates of different companies when going out to bid. Usually the better the wage an officer is paid, the less turnover of the position. Just because a company offers a low bill rate does not mean it is the best deal. Look at everything that is included in the bill rate. Is there a benefit package for officers that includes vacation, insurance and 401K? Do officers pay for uniforms? Is training included? U.S. Security Associates provides guard services and security solutions. Richard Bradford is Palm Desert Branch Manager and Kimberly Burnett is the Business Development Manager. They can be reached at (760) 835-8181 or by cell (323) 760-9469. Kimberly can be reached by email at kburnett@ussecurityassociates.com
Community Associations Institute Coachella Valley Chapter Invites Association Board Members to Attend
THE BOARD LEADERSHIP DEVELOPMENT WORKSHOP Friday, April 14, 2017 8:00 a.m. to 5:00 p.m. The Classic Club 75200 Classic Club Blvd, Palm Desert COST: FREE
RSVP to 760-341-0559 or online at CAI-CV.ORG (Board members only - space is limited)
PROGRAM
COMPREHENSIVE BOARD TRAINING LUNCH & WINE RECEPTION ASK THE ATTORNEY ROUNDTABLE The Board Leadership Development Workshop teaches you how to communicate with association residents, hire qualified managers and service providers, develop enforceable rules, interpret governing documents and more. This workshop provides a comprehensive look at the roles and responsibilities of association board members and conveys information to help create and maintain the kind of community people want to call home. RECOGNITION Community leaders who complete the Board Leadership Development Workshop will receive a certificate of completion and recognition on the CAI website.
Governing Documents and Roles & Responsibilities Jennifer James, Esq., Law Office of Jennifer James James McCormick, Jr., Esq., CCAL, Peters & Freedman, L.L.P.
400,000 U.S. Community associations
Communications, Meetings and Volunteerism Eric Angle, PCAM, Trilogy at La Quinta HOA Michael Knighten, Esq., Guralnick Gilliland & Knighten, LLP
2,350,000 Community association board and committee members
Fundamentals of Financial Management Sharron Badham, PCAM, The Hideaway HOA Jeff French, Esq., Green Bryant & French, LLP
80,000,000 Hours of service performed annually by association board and committee members
Professional Advisors and Service Providers Micha Ballesteros, Flood Response Dan Farrar, Ironwood Country Club HOA
$1.76 BILLION Estimated value of time provided by homeowner board and committee members based on the Bureau of Labor Statistics estimate of $22.55 per hour for volunteer time
Association Rules and Conflict Resolution Phyllis Harkins, CCAM-LS, CAMEx, CMCA, AMS, Portola Country Club HOA Steve Roseman, Esq., Roseman & Associates, APC Ask the Attorney Roundtable Hosted by: David Bruce, Esq., Epsten Grinnell & Howell, APC
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GURALNICK GILLILAND & KNIGHTEN _________________________________________________________________________________________________
• Corporate Counsel
Contractors Lic. # 235717
WESTERN PACIFIC Roofing Corporation
Since 1949
“Complete Roofing Services” Repairs • Re-roofing Roof Inspection • Maintenance Programs Polyurethane Foam • Built-up • Tile • Patios 3462 La Campana Way, Palm Springs, CA 92262 Phone (760) 416-5877 Fax (760) 320-8912 FIND US ONLINE AT www.westpacroof.com
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• Legal Opinions
• Assessment Lien and Foreclosure
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In Customer Service
40004 Cook St. Suite 3 Palm Desert, Ca www.gghoalaw.com Phone: (760) 340-1515 Fax: (760) 568-3053 For a Copy of our Legal Update Contact Melissap@gghoalaw.com
AL • HOA'S COMMERCIAL • RESIDENTI
760-328-6115
Family Owned & Locally Operated 68920 Adelina Rd, Cathedral City, CA 92234 FrazierPestControl.com • Lic. # PR5204
ANTS • ROACHES • TERMITES • RODENTS • SPIDERS • BEES/WASPS • PIGEON PROOFING
S AV E T H E D AT E
CAI-CV Annual Spring Golf Tournament FRIDAY, APRIL 28, 2017
7 C AI - C V 201
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ANNUAL
The Springs Country Club Championship Golf Course in Rancho Mirage
TOURNAM
Welcoming individual golfers at $195 and foursomes at $695 Non-golfers welcome for lunch, auction and door prizes at $40 per member
LIVE AUCTION – GRAND PRIZE GIVEAWAY – AWARDS – DOOR PRIZES SPONSORSHIPS AVAILABLE AT CAI-CV.ORG OR CALL THE CAI-CV OFFICE AT 760-341-0559
DONATIONS FOR LIVE AUCTION AND DOOR PRIZES NEEDED! 16
Quorum April, 2017
CAI-CV
2017 PLATINUM SPONSOR SPOTLIGHT Western Pacific Roofing Corp has a long and wellestablished history of providing the best in quality workmanship and service to our customers throughout all of Coachella Valley. As a full-service roofing company, Western Pacific is committed to providing the best in quality roofing systems at the most competitive prices. We strive to establish long-term relationships with our clients and their projects. Much of our success is a direct result of Property Managers, Homeowners Associations, Home Builders and Individual Homeowners that believe in retaining the services of a quality roofing company providing value and experience instead of just low pricing. Western Pacific is an approved applicator for all major roofing manufacturers. Your roof is a major investment and you will rely on it to protect your property for many years to come. The qualities you expect from your roofing company include the best service, workmanship, product reliability, experience and longevity. Your roof and your roof warranty is only as good as the company behind it. • Western Pacific Roofing is recognized and awarded for excellence as a professional roofing contractor. Our company serves the Western states from four California locations. • Founding Member of RoofConnect, a national roofing service company that provides leak and maintenance services 24/7 from over 120 locations nationwide. • Approved applicator of every major manufacturer of roofing and waterproofing products. • Reputation for quality roofing service & expert workmanship that is second to none. • Serving the roofing industry for over half a century with proven financial strength. • Western Pacific continues to provide the very best in experienced roofing throughout the Coachella Valley and our long-established Palm Springs team is expanding that tradition.
WESTERN PACIFIC ROOFING CORP–THE BEST CHOICE FOR ALL YOUR ROOFING NEEDS.
Visit our website: www.westpacroof.com OUR SERVICE Western Pacific has the most comprehensive repair and maintenance division in the Desert. Our Service Order fax line, combined with our response time, has proven to be effective in controlling interior damage caused by roof leaks as well as providing peace of mind for our Property Managers. Our goal is to efficiently maximize the serviceable life of the existing roofing systems on each project through planned maintenance. Our maintenance programs are designed on an individual basis to meet specific needs of each project. Please feel free to contact us at (760) 416-5877. Service Fax (760) 320-8912. Service Email: Linda@westpacroof.com
OUR STAFF Richard Brunelle............................. General Manager Raymond Tingzon................... Production Supervisor Linda Johnson............................... Service Operations Rick Cech........... Senior Sales/Business Development Jack Power................... Senior Sales/Project Manager Lance Swanson........................... Sales and Estimating Alicia Schmitt...............Assistant to Project Managers Western Pacific values its relationships with our customers and the communities we serve. An important part of our company mission is to be good business citizens in our community – to serve that goal Western Pacific has always been an active partner and supporter of the many good causes in our Coachella Valley. We have contributed to and sponsored many events over the years, and will continue to do so. Both Rick Cech and Linda Johnson are active participants in CAI and work to support its activities and events.
Thank you to Western Pacific Roofing Corporation for their generous support of CAI-CV! CAI-CV.org
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17
HOMEOWNERS ASSOCIATION LAW
The Risks of Hiring an Unlicensed General Contractor! By Howard J. Silldorf, Esq.
I
The best way to protect your association is to require in your requests for proposals (RFP) all licensing, insurance and bonding information on your proposed contractor, and go online and check the Contractors State License Board website at www.clsb.ca.gov.
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n 1996, Judge Midlam, declared in the Ranchwood case that an unlicensed contractor could not avail themselves of the laws of the State of California. Ranchwood Communities Limited Partnership v. Jim Beat Construction held that two developers/ general contractors failed to show substantial compliance with licensing statutes, or that they were exempt from those requirements, because they were owner builders, and accordingly they were unable to recover compensation for work done on the project. Judge Midlam also struck the developer/general contractor’s cross complaints against the subcontractors, and therefore, the association had to proceed against thirty plus subcontractors on the legal theories of only negligence and equitable indemnity. A contractor is defined by Business and Professions Code Sections 7026 and 7026.1. Almost all work needed to be performed by a vendor for your association, including road maintenance, landscaping repairs and reconstruction, requires a contractor’s license. The Business and Professions Code goes on to state in Section 7125.2 the failure of the licensee to obtain or maintain Workers' Compensation insurance shall result in an automatic license suspension by operation of law. Further, licensed contractors are required to have bonds and normally have liability insurance whereas unlicensed contractors in almost every case have no bond, no liability insurance and no workers' compensation insurance to protect your association from liability for their injured workers. Many insurance policies do not protect associations when they hire unlicensed contractors. Most of these policies exempt damage caused by the knowing use of unlicensed contractors. Consequently, your association and perhaps your property manager could be held liable for hiring an unlicensed contractor who is uninsured. If the unlicensed contractor damages association property, or injures someone, your association may be responsible for medical bills, lost wages and other tort damages. In Mendoza v. Brodeur, a homeowner asked a neighbor to do some work on his home, the neighbor was subsequently injured, and the homeowner was found to be an employer who should have had workers' compensation coverage in place. In the 2000 case of Heiman v. Workers' Compensation Appeals Board, a property manager hired an unlicensed and uninsured contractor to install rain gutters for the association and an employee of the contractor was seriously injured on the first day of the job. The court concluded that the association
and the unlicensed contractor were dual employers and, as such, they were jointly and severally liable for workers' compensation. If a trespasser, a neighbor, or your own members are personally injured or property is damaged by employees of an unlicensed contractor, your Association may be liable for tort claims. Under some circumstances your association might even be liable for unpaid wages of the unlicensed contractor’s workers. Additionally, most unlicensed contractors will not pull necessary building permits, or comply with building codes and these failures could exacerbate liability for injury and damage to third parties. The best way to protect your association is to require in your requests for proposals (RFP) all licensing, insurance and bonding information on your proposed contractor, and go online and check the Contractors State License Board website at www.clsb.ca.gov. Further, you should require your proposed contractor to name your association as an additional named insured under their insurance policies in any contract which affects association property or personnel. This allows your association to make claims directly to your contractor’s insurance company. In addition, it is important to have a contract clause requiring your contractor to remain licensed during the entire term of the contract. Failure of a contractor to pay their workers' compensation insurance or failure to follow other technical corporate requirements could cause them to become unlicensed during the term of the contract. Warning! Only hire licensed, qualified contractors after checking their licensing, insurance and references. Howard J. Silldorf, Esq., a founding partner of Silldorf Law, LLP, has been practicing law for 35 years in the areas of community association law, construction defect and land use litigation. Mr. Silldorf assisted in drafting the construction defect pre-litigation statute, Civil Code section 1375, now CC 6000, the "Calderon Statute." Mr. Silldorf is an active member of both California Association of Community Managers (CACM) and Community Association Institute (CAI). Mr. Silldorf was honored by the San Diego Daily Transcript as a Top Attorney, and previously by San Diego Magazine as a Top Construction Defect Attorney.
WELCOME ABOARD
Community Association Attorneys
www.lawforhoas.com 800-372-2207 By Tara Abakumoff
SwedelsonGottlieb is a, full-service community association law firm that provides legal counsel and collection services (ALS) to condominium, townhouse, and planned development homeowner associations (HOAs) throughout California since 1987. They have dedicated their company to serving only Homeowners Associations and have a large staff with expertise in the complex and multi-disciplinary practice of community association law. SwedelsonGottlieb’s legal services for community associations involve a hybrid of more conventional specialty areas including real estate, corporate, litigation, construction, and insurance law. They have counseled a wide array of community associations, including: • Condominiums • Planned Developments • Communities with common area recreational facilities • High-rise and mixed-use associations • Sub and master associations • Age-restricted communities and senior communities Owners Sandra L. Gottlieb, Esq., CCAL and David C. Swedelson, Esq. have been supporters of CAI for the past 30 years and have been members of most of the California Chapters and look forward to sharing their expertise with the Coachella Valley Chapter. In 2016, Sandra Gottlieb was one of the guest speakers at CAI-CV's Legislative Update in November. For more information about SwedelsonGottlieb contact Cyndi Koester PCAM, Director of Client Relations, at (800) 372-2207 or by email at Cyndi@sghoalaw.com.
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19
CAI-CV'S CORKS FOR CLAC, WINE TASTING
Wine Tasting AT S H I E L D S D AT E G A R D E N
FRIDAY, MARCH 3, 2017
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CAI-CV'S CORKS FOR CLAC, WINE TASTING
CHATEAU SPONSOR Western Pacific Roofing CHAMPAGNE SPONSOR EmpireWorks CABERNET SPONSORS CBCI Construction Peters & Freedman, LLP Sunshine Landscape BORDEAUX SPONSORS Adams Stirling, PLC Artistic Maintenance, Inc. Dunn-Edwards Paints Fiore Racobs & Powers, A PLC Green Bryant & French, LLP Hort-Tech Landscaping Pacific Western Bank
RIESLING SPONSORS Albert Management, Inc. Asphalt MD’s Associa Desert Resort Management G4S Secure Solutions PrimeCo U.S. Security Associates, Inc. FRIENDS OF CLAC SPONSORS Conserve LandCare DWI Pacific Western Bank Peters & Freedman, LLP Vantage Point Construction
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WINE GLASS SPONSOR Powerful Pest Management GRAND PRIZE SPONSOR Epsten Grinnell & Howell, APC WINE STOPPER SPONSOR The Naumann Law Firm, PC COCKTAIL NAPKIN SPONSOR AMS Paving SCHOLARSHIP SPONSOR LaBarre/Oksnee Insurance Agency
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21
FEATURE
The Symbiotic Relationship of Realtors, Homeowner Associations and Community Association Managers By Phyllis Harkins, General Manager, Portola Country Club Homeowners Association
S
ymbiotic relationships abound in our worlds. Dictionary. com defines symbiotic as “having an interdependent relationship.” Just for a moment, think about the many symbiotic relationships in your life—mother to child, spouse to spouse, partner to partner, dog owner to favorite canine, and community managers to realtors, escrow companies, escrow departments of association management companies, and the new homeowner in your community. As community managers, how many times in your career have you heard about or directly dealt with a situation where a new buyer into your HOA community came to your office, or your management company office, and wanted to know why certain documents were not included in their escrow packet, and almost universally these buyers commented, "what is your HOA hiding”? Let’s look at a situation where a potential buyer in an HOA received her escrow package from the association management company office, via their third-party document vendor and the escrow company. Now as we managers all know from Civil Code section 4528, there is a plethora of documents required to be disclosed to the
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"...buyers buy the community first, and 93 % of buyers go to the internet before they contact a realtor, so it’s also a comment that HOA websites should be informative and current..."
buyer, to be provided either by the seller (not common) or by the escrow department of an HOA or the HOA onsite office, if approved by the seller to do so. In this situation, the following items were missing from an escrow packet: most recent financials, reserve study, and three months of minutes. As a manager, you would refer that buyer to the appropriate department, whether it is the escrow company who provided the packet, or the management company office who provided it to the escrow company; yet, think about it for a moment, this potential new owner may soon be an actual owner in your community, if the escrow doesn’t fall out due to lack of documents. So, is that symbiotic relationship starting on a good note? What will be your response to that unhappy potential buyer in your community? Realtors interviewed for this article spoke about the buying habits and the expectations of today’s home buyers. One of them commented that buyers buy the community first, and 93 percent of buyers go to the internet before they contact a realtor, so it’s also a comment that HOA websites should be informative and current, but that’s a
FEATURE topic of another Quorum article. Another realtor commented that “word gets out” about HOA communities and realtors have a great amount of influence with buyers, whether steering them to, or away from, certain communities due to the difficulties in working with either the association’s management company or the community manager. Still another realtor comment was that both the realtor and the community manager are the face of that HOA. Until I interviewed the realtors listed at the end of this article, I had not thought about that. The realtor is the face before the sale, and we community managers are the face during and after the sale, and during all of this is the presence of the escrow company, chosen either by the buyer or the realtor, who often brings community managers and their management companies into the escrow process, usually when something goes sideways. Escrow companies abound in our valley, and each one has its unique aspects. Having dealt directly with them at my former association’s onsite office, I can attest that sometimes the issues of missing documents and last minute demands are the direct result of the escrow officer’s lack of timeliness during the escrow process. But, sometimes the escrow officer has to deal with missing documents not provided by the HOA’s management company. Yet again, often the community manager has to address this unhappy buyer due to the actions of another part of this symbiotic relationship. Oftentimes the one charge that riles buyers is the rush fee; there were numerous times at my former association where a call would be received at 8 am, from a panicked escrow officer, who needed the full plethora of documents by noon as the escrow was closing at 5 pm that day. Sound familiar? Should those documents not be provided timely, for whatever reason, I can assure you that your symbiotic relationship with the buyer in your community will not be pleasant. So, how can we as community managers work to improve this symbiotic relationship? Many association management companies use a third-party vendor for their document packets. As a manager, you might say that you have no way of knowing what documents are provided by an association management
company to HomeWise or Condo Certs, for example. As a community manager for The Management Trust, who uses HomeWise as their document provider, I can “view”, not edit or update, all the documents for my community that are listed for our packet. The comment might be said that this is not part of our job, but I’m here to say it is. Who knows our community’s documents better than us? Who knows what is the most recent update to the Rules and Regulations or to the Articles of Incorporation? We do as the community manager. If your association’s agreement with the third-party vendor does not allow you view rights, take the time to visit your management office and ask the escrow department person to show you what is included in your community’s packet. Another tip is communication with that escrow department person in your company. They have many communities to deal with every day; if your documents change, send them an email to note that there is a new set of Rules and Regulations on the company drive, to remind them to upload to the thirdparty vendor. As community managers, we wear many hats during our work day, and one of those hats is the face of our community. How we work with the realtors who sell homes in our community, the escrow companies who process those sales, the escrow departments of our management companies who provide our community’s documents, and the new owners in our community is a symbiotic relationship that can be of benefit to all, if one important fact is recognized—we are all in this together. Special thanks go to the following Realtors for their contributions to this article: Ron Crisp (roncrisp@msn.com); Dianna Forsythe (dianna.forsythe@camoves.com) and Glenn Collins (glenn.collins@camoves.com). Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx, is the general manager of Portola Country Club HOA, which is professionally managed by The Management Trust. She can be reached at 760.346.5481 or phyllis.harkins@managementtrust.com. CAI-CV.org
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23
WATER WISE
Look to Other HOAs for Landscaping Ideas By Katie Evans, Coachella Valley Water District
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If your HOA has been considering a landscape conversion project but you need some inspiration, look no further than Indian Ridge Homeowners Association. Starting in May, Indian Ridge HOA partnered with RGA Landscape Architects to make a major transition to water-saving, desert-friendly landscaping in front of the homes, along all its streets, the front entry, medians and HOA common areas. Irrigation was upgraded, a new irrigation management system was installed, turf was removed and thousands of new low water-use plants were planted. The result? The HOA landscaping is colorful and beautiful. As the new plants, such as Parry’s Penstemon and Mexican Feather Grass, mature, they will dominate the landscape in a striking fashion. The final product is a modern, sophisticated look that reflects the vision of the HOA and the landscape architects. In addition, Indian Ridge is set to achieve all the goals of a Water Use Reduction Landscape Project. And, of course, water savings will add up to cost savings. If you are inspired by your neighbor’s accomplishments, we can help you achieve similar goals whether on the same or a smaller scale. Just visit our website at www.cvwd.org/rebates for a full list of rebate programs, for plant ideas and landscape designs. In addition, our rebate programs can make projects like this easier and less expensive. Just be sure to get prior approval for the changes before the conversion project is started. As a reminder, here are some of the conservation programs available for HOAs: Lawn Conversion: Remove your grass and convert to desert-friendly landscaping. For HOA customers, rebates are available at $1 per square foot up to a maximum of 25,000 square feet per project. Smart Irrigation Controller: Install this water saving device that automatically adjusts your irrigation run time. HOAs and businesses may be eligible for smart controller rebates of up to half the cost of the controller. Spray Nozzles: Convert less efficient spray nozzles to new generation rotary nozzles. Rebates are $4 per nozzle for a maximum of $10,000 per project. Commercial Water Broom & Pre-Rinse Nozzles: Use these high-efficiency devices instead of traditional hoses and nozzles. They are free to eligible commercial customers. Toilet Replacement: Replace less efficient toilets with those using 1.28 gallons or less per flush. Businesses can apply for a rebate of one-half the product’s purchase and installation costs for a maximum of $140 per toilet. Consider this for clubhouses or comfort stations. For a complete list of conservation programs, tips for reducing water use and existing water-use restrictions, visit www.cvwd.org/conservation. Katie Evans is the Conservation Manager for the Coachella Valley Water District. She can be reached at kevans@cvwd.org or (760) 398-2661.
S AV E T H E D AT E FRIDAY, JUNE 2, 2017
MOTR SIZZLER & SUMMER
MOTR – $10 - 4:00 PM – SUMMER SIZZLER – FREE - 5:30 PM (INCLUDES FREE ISLAND COCKTAIL)
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25
FEATURE
Choosing Service Providers for the Community A Manager's Point of View By Steven Shuey, PCAM, CCAM
M
anagement of a community association is multi-faceted. Unlike the old story of a "property manager" who strictly collected the rent and looked after the maintenance of the property for one owner, the community manager works with the people who serve on the board of directors of the homeowners association, whose primary job is to preserve and maintain the value of the property for the owners. When selecting a service provider for the community, it is not a matter of satisfying one owner, but a group of owners, all of whom have a financial interest in the property. These owners likely also have an opinion about the quality of work expected, how much it should cost and how frequently the service should be provided, based on their own personal understanding. As managers, we need to keep all of this in mind when assisting the association in the selection of every service provider. First and foremost should be the protection of the association from
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liability. This means determining if the service provider is properly qualified to perform the service requested. Once it is determined that the provider understands how to perform the service based on references from others who appreciate the service provider's quality of work, the manager for the community should check to be sure the service provider is properly licensed and insured for the specific work to be performed. As an example, when thinking about pool maintenance, the daily routine maintenance includes cleaning and water chemistry. The same person who cleans the pool and checks the chemicals is not going to re-plaster the pool when the time comes. The expertise needed to perform that service is different. The state contractor's license board requirements are also different. A board member's perspective may be to find the least expensive company to get the job done without regard for the technical expertise requirements of
the specific job to be done. Managers, on the other hand, have a wide range of experience and they know who to call to obtain the correctly qualified company for the specific project. A board member should add his or her comments into the discussion during a board meeting, but the manager's opinion should be highly revered. Managers make sure the requirements set by the civil code, governing documents, and board expectations are all appropriately met with the community's best interest in mind. For example, an unlicensed handyman can perform work up to $500. Beyond that, a contractor, properly licensed by the state of California is required. A company with employees is required to have proper workers' compensation insurance. Anyone who works on the association's property should have adequate liability insurance protecting the association in the event the worker causes damage. By the way, if an
association is self-managed, the requirements still exist! Obtaining a less expensive job is not always a key factor in choosing a service provider. A properly licensed and insured contractor (service provider) may cost a little more, but the cost pays off in the benefits and peace of mind that the association is properly taken care of. As a final thought, it is sometimes believed that a manager receives compensation from a service provider for having selected their company. This is rare, particularly if the manager is a certified community association manager. Managers with designations serve under a code of ethics which prohibits such things. Associations should choose their business partners (service providers) wisely. Proper selection is key to getting a job well done that will last for the expected lifetime. Steven Shuey, PCAM, CCAM, is a certified professional community association manager. He serves on the National Faculty of CAI and is a past board member of the APCM. He is a community association consultant with Personalized Property Management here in the Coachella Valley. This year he was awarded the Lifetime Achievement award from CAI-CV. He may be contacted at IslandMgr@aol.com. You can follow him on Twitter (www.twitter.com/@IslandMgr)
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FEATURE
Help Your Business Partners Help You! By Dan H. Stites
E
arly last year, I penned an article about how best to work with Business Partners. In reviewing possible themes for this April’s "Choosing Service Providers" Quorum, we as a committee felt that a reprint of that article with minor changes was the best fit. Want to see a funny look on a server’s face? Next time you order dinner, just say "Yes, I will have an appetizer, salad, meat with a side dish, and a glass of wine please. Oh, and please bring me dessert when I am done with my entree. My reservation is one day next week so make sure my order is ready when I arrive." As a reconstruction contractor, I receive requests for services that are not much different
"I WILL HAVE AN APPETIZER, SALAD, MEAT WITH A SIDE DISH, AND A GLASS OF WINE PLEASE" from this and, no matter how committed I am to pleasing my customers, doing so is almost impossible because I just don’t have enough information. The reason that this happens is simple: The person making the request does not have a clear understanding of what a business partner needs to provide a meaningful bid. My intent here is to outline some basics that will help you help your business partners to do a better job of helping you. Although this will have a "reconstruction slant," it is applicable to virtually any business partner segment.
The first question you need to ask is "Do I have a biddable project?" Some projects require engineering, building permits, asbestos/mold/lead testing, or other inspections or approvals before a clear scope of work can be developed. A worst case example might be if you have a community with multiple second story painted wood decks that have termite and dry rot damage and are in need of repair. It is easy (and perhaps intuitive) to say "Let’s call three reconstruction partners to give us bids to fix the decks. There are only 20 decks and it is only a repair job, so a week should give them plenty of time to get their proposals in." This is what will happen: Three contractors, three different scopes of work, three different prices, and no way to do an "apples to apples" comparison! You interview all three and select the low bidder, he gets started and the City inspector drives by and asks to see the building permit. BIG OOPS! The paint has lead in it, interior repairs are required and the drywall has asbestos, all decks have to be brought up to current code due to the extent of the structural damage, drawings are required, a permit is required, and you have a partially demolished project on hold with disturbed lead and asbestos, and a contract with the wrong scope of work. Oh, your homeowners are not going to be happy with their Board and, well, stuff rolls downhill! This is an extreme case that probably will never happen but our hypothetical scenario could have been avoided by simply asking a City Inspector or, if the project is large or complex, a Construction Consulting partner, to look at the job and give you their thoughts. Actually, one of the three bidders should have raised the above issues but, I can tell you through personal experience that I have been one of four in similar situations where the other three missed the gotcha’s and submitted bids.
With that backdrop, let’s get down to basics and walk through a checklist of questions you need to ask before inviting your business partners to help you:
• Do you have a biddable job? • Are lead, asbestos, mold, or other hazardous materials present? Lead is most commonly found in older paint and in plumbing systems; asbestos is found in roofing and siding materials, insulation, drywall and drywall mud, ducting, flooring, adhesives, "popcorn" ceilings, among other sources. If you suspect any of these bad actors, call a testing lab. If the home was built in the 1980’s or earlier, definitely call a testing lab. 28
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FEATURE • Is a permit required? For new construction, you will almost always need a permit. Reconstruction projects will depend upon the extent and nature of repair. If in doubt, take some pictures and outline what repair work you need to do and go to your local Building Department. They will be happy to provide guidance. You might also ask a reconstruction partner to have a look at the job and do the legwork for you. We are always happy to help out. • Is engineering required? The Building Department will answer that question for you. Engineering might not be required but other drawings may be. Your friendly Architect/Engineer can provide these for you. They will also likely lead the permitting process with the Building Department to the point of having a permit ready to be pulled.
Now that you have a biddable job, time to put your request for proposals (RFP) together. It should include a clear scope of work, material and systems specifications, pricing format, and a due date for the proposal.
• Do I have a clear scope of work?
Be able say exactly and explicitly what you need done. • If approved drawings are available, they should be the basis of the bids. Make sure that the entire set of drawings is included in your RFP. • If drawings are not available, clearly describe what is to be done. "Replace damaged wood in the community" is not sufficient. An appropriate scope might be "Demolish damaged wood in accordance with the attached community matrix; supply and install new like sized #2 Douglas fir, pre-primed all six sides, caulk joints, and paint to match existing colors. Clean site and remove debris." • Always allow your business partners to make suggestions that might result in a higher quality or lower cost project for you. They know their business and can help you and your Board!
• Have I provided clear specifications?
Say exactly which materials and/or systems are to be used. • Specifications should be included for paint, wood, roofing systems, waterproofing systems, windows, doors, and virtually all components of the project. Material suppliers can generally provide these specs which will not only specify materials to use but also how the installation
should be done. "Install new deck waterproofing system on all second story decks" is not sufficient. Instead, say "Supply and install Westcoat ALX system in X color and Y finish in accordance with manufacturer’s specificiations." • There may be portions of the project where the specific brand or type of material is not critical in which case it may be wise to call out a product "or equivalent." • Again, allow your business partners to make value enhancing suggestions.
• Have I asked for the price to be submitted in a way that will allow me to easily do a comparison? • The typical commercial terms are "lump sum" (or fixed price) and "time and materials" (sometimes called "unit rates"). There are other terms such as Not to Exceed, Guaranteed Maximum Price, Bonus/Penalty (or "Incentive"), all of which are less common but do have specific applications. If the scope is well defined and not likely to change, consider lump sum pricing; if the scope is not well defined or is likely to change, consider time and materials or unit rates. Another popular option is to ask for a lump sum price for the specific scope in your RFP plus unit rates for changes. • You may need a breakdown by scope so you can select from a "menu" of scopes and prices in the event that the project is not be approved in total. Be sure to tell your bidders that the scope breakouts are to be "stand-alone’ otherwise you will get meaningless numbers. Sort of like getting a bid for a new four story building with the price broken down by floor and selecting only the second floor. Might need a roof and a foundation with that!
• Have I established a realistic due date for the bids? The first thing that comes to mind here is allowing the bidders enough time to respond but that is really the last question that should be asked. • When does the project need to start to meet the Board’s objectives? Weather, seasonal populations, cash flow, and a host of other factors can determine timing.
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FEATURE
"SELECTING A BUSINESS PARTNER TO PROVIDE SERVICES TO YOUR COMMUNITY CAN BE A VERY COMPLEX, MULTI-FACETED PROCESS THAT CAN TAKE MONTHS FROM ISSUANCE OF THE RFP TO PROJECT START"
• Once bids are received, how long will it take to select a bidder and get him lined up to start? This will vary by project but a large, complex job with multiple bidders who will be giving presentations could easily take a month or more from receipt of bids to contract signature. Smaller, simple projects might be closer to a week or two. • How much time will the bidders need to prepare their bids? Again, this will vary by project but I would suggest a minimum of two weeks and it may be as much as a month for more complex jobs that involve multiple subcontractors and job walks. • You have now "backed into" a realistic bid due date that allows for a thorough and efficient contractor selection process.
My intent with this article has been to outline what a business partner needs in order to provide a meaningful bid for your project. However, this is just the tip of the iceberg in the overall contractor selection process. Without going into detail, some of the other questions you will need to ask yourself are:
• How many bidders should I have on my bid list?
You can hurt your cause with too few and with too many!
• How do I prequalify bidders for this specific project scope? Not all bidders are made alike. They each have their strong suits and you want those with strengths that match your project.
• Should the bidders make formal presentations of their proposal? Highly recommended on the big ticket projects.
• What criteria will I use to select the successful bidder? Price, experience, project team, shortest schedule, best execution plan, or some combination?
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• If I have multiple criteria, which is usually the case, how do I evaluate four bidders against six different criteria with different levels of importance in a way that will give my Board the best outcome?
• How and what should I condition in the final bids? Bid conditioning is a critical step in the process. It is basically working with the one or two top bidders to fine tune their best and final proposals to better meet your decision criteria. My point with these bullets, each of which could be the subject of another article, is to illustrate that selecting a business partner to provide services to your community can be a very complex, multi-faceted process that can take months from issuance of the RFP to project start. The key is knowing when you need help. I believe it was Yogi Berra who said "It ain’t what you don’t know, but what you know that ain’t so, that will get ya." All too often Managers and Boards know that they can handle the task of selecting the right business partner then learn, tragically and too late, that it ain’t so! If in doubt, ask for help! If this basic checklist is followed, we business partners are going to be able to do a much better job of helping you. The overall process from a Manager or Board perspective, however, can be very complex and the consequences of making a misstep can be devastating to a community as shown in our hypothetical case. If you have questions or need help, please do not hesitate to contact me. Also, I have an educational program on the overall contractor selection process that I am happy to present to Business Partners, Managers, and CAVL’s alike. Dan Stites is a degreed and licensed Professional Engineer with over 35 years of experience in the construction industry. He also holds C-39 Roofing and Waterproofing and “B” General Building Contractor licenses and has completed graduate studies in business at Rice University and Thunderbird School of Global Management. Dan can be reached at dstites@cbciconstruction.com.
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Become Your Own Interior Designer With These Apps and Websites By Antoinette Hamilton
Y
ou spend your weekends touring open houses and new homes to get decorating ideas. Your collection of swatches from paint and fabric stores rival the best interior designers and your decorating Pinterest board has thousands of pins. With these decorating apps available for iOS and Android you can now live your dream of becoming an interior designer.
Black and White Chess Pillow - by Staging Your Nest
MAGICPLAN TheMagicPlan app may have just eliminated the adage “measure twice, cut once,” as it keeps all of your home's measurements. By taking pictures of rooms, MagicPlan creates professional floor plans and work estimates.
COLOR CAPTURE Match your paint color with Benjamin Moore's Color Capture app. Take a photo of any color and instantly get its match from Benjamin Moore's more than 3,300 paint colors. Note: On screen captures may differ in color, so the real paint color may be a little darker or lighter than the app's display.
IHANDY LEVEL iHandy Level is a super-sensitive digital device to ensure that your shelves and artwork hangs straight. This level is fully functional with calibration capability.
ZAZZLE Can’t find that right design, color or pattern for a pillow, shower curtain, door mat, artwork or fabric then custom design your own at Zazzle.com. You can also sell your designs.
SPOONFLOWER Custom design your own peel and stick wallpaper at Spoonflower.com
MEET THE BOARD
Grey Mist Wallpaper Collection – by Tell3People
Antoinette Hamilton has ten years of experience in solar PV and solar pool heating in the Coachella Valley. She is a frequent guest speaker on energy efficiency solutions for HOAs, hotels, country clubs, apartment complexes and assisted living facilities. Antoinette can be reached at (760) 808-1128 or by email at info@suntosolar.com.
Past President Gerard Gonzales
Gerard Gonzales serves on the CAI-CV Board of Directors and Executive Committee as Past President. Gerard served as President last year and is now serving his fourth year on the CAI-CV Board of Directors, after being reelected for a second three-year term. Gerard has been actively involved with numerous CAI-CV committees, serving as co-chair and chair. Gerard got involved with CAI-CV eight years ago, when Albert Management began to expand its operations. Gerard is Vice President of Corporate Operations at Albert Management where he is responsible for their human resource functions, operation and maintenance of IT infrastructure and supervision of key technology vendor relationships and corporate contracts. He is formally a member of the U.S. Army Military Intelligence and a 15-year technology industry executive. He holds a Bachelor of Arts degree from the University of Washington. Gerard and his wife, Lori, have twin boys and reside in La Quinta. He is an active local Husky alumni leader for the University of Washington, loves to snowboard, coach his kids and is a fly fishing addict. 32
Quorum April, 2017
REAL ROOFING KNOWLEDGE FOR REAL ROOFING SOLUTIONS
MEET THE GOLF COMMITTEE CHAIR
Cameron Bridges Inc.
By Erin Fujioka, G4S Secure Solutions Spray Polyurethane Foam Systems
Cameron Bridges has been an active member of the Coachella Valley CAI chapter since he began his career with The Management Trust – Desert Division in 2013. He currently is a Regional Sales Consultant for Horizon Lighting Inc., a family owned and operated company based in Palm Desert. Horizon Lighting Inc. is a full service lighting and electrical company providing services to HOA and Commercial properties throughout the Coachella Valley and Southern California for the past 25 years. During his time as a CAI member, Cameron has served on the Oktoberfest Committee, Public Relations Committee as well as the Golf Committee where he is currently serving as the Committee Chair. This year, the committee is focused on growing the event, gaining more participation from the Chapter members and business partners. 2016 was a record year for the golf committee in regards to participation and monies raised; the committee is focused on continuing their upward momentum for 2017! Cameron is a Palm Desert native and a Palm Desert High School alum. Prior to entering the HOA Industry, Cameron worked in hospitality as a representative for Morningside Country Club. Moving forward, he took a position with Martha’s Village and Kitchen as their Community Relations Manager. Martha’s Village and Kitchen is a homeless outreach center in the Valley that provides services to homeless residents in need of vital services such as housing, healthcare and meal services. During his time at the Management Trust – Desert Division, he managed a portfolio of properties prior to taking on the Director of Corporate Relations position where he helped grow the Trusted Partner program as well as developing and launching their newsletter program! He attributes a lot of his current success to the opportunity and support he has received from his colleagues in the HOA industry and CAI, stating that the lifelong friendships that have been acquired have been life changing. Cameron’s life motto is to do everything with passion and an open mind, with the end all goal of finding enjoyment and fun in what you do and to always remember in the HOA industry – “Don’t Sweat the Small Stuff.”
Roof Repairs
Tile Systems
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Budget Reserves
Consulting
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A SS O C I AT I O N S I N ST I T U T E
We can help you meet your CVWD "Efficient" budget!
Fernando Fregoso (760) 772-3673
fernandof@thevintageco.com
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
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Quorum April, 2017
Ask The Attorney Program March 10, 2017, Sun City Palm Desert GUEST SPEAKERS
THANKS TO OUR SPONSORS NAME TAG SPONSOR Vantage Point Construction Adrian Adams, Esq. Adams Stirling, PLC
Jeffrey French, Esq. Green Bryant & French, LLP
Peggy Redmon, Esq. Law Office of Peggy Redmon, APC
PROGRAM BOOTH SPONSORS AMS Paving Ben's Asphalt BRS Roofing CBCI Construction Conserve LandCare EmpireWorks Farmers Insurance Agency Horizon Lighting Kasdan LippSmith Weber Turner, LLP Nissho of California NPG Asphalt Pacific Western Bank PatioShoppers Rey Insurance Services Roof Asset Management Sherwin-Williams Paints Silldorf Law, LLP Three Phase Electric Union Bank Western Pacific Roofing
MEDIA SPONSOR KESQ NEWS CHANNEL 3
SPOTLIGHT TABLE SPONSOR EmpireWorks
SCHOLARSHIP SPONSOR Pacific Western Bank
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
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CLAC Buck-A-Door Campaign
California Legislative Action Committee (CLAC) Advocacy Update By Steven Shuey, PCAM
T
he deadline for 2017 bill introductions was February 17 and nearly 2,400 bills were introduced this session, with more than 1,200 introduced a week before the deadline. The CLAC Legislative team including our lobbyist, Louie Brown, and chapter delegates are studying the bills to determine if there are any of concern to the community association industry. This year, CLAC has sponsored three bills and they would like our members to send in letters of support for the following: AB 731 by Assembly Member Philip Chen (R-Brea) will provide a tax deduction for homeowner association dues up to $5,000. AB 1412 by Assembly Member Steven Choi (R-Tustin) will provide qualified immunity for board members in multi-purpose buildings. AB 1426 by Assembly Member Jacqui Irwin (D-Thousand Oaks) is a reintroduction of AB 1799 from last session and addresses the issue of uncontested board elections. Each of these bills will be referred to a committee and a date will be set for a hearing. For more information about sending a letter of support, please go to the CLAC website at www.caiclac.com. The CAI-CLAC Legislative Day will be here April 23rd and 24th. With three sponsored bills, they need a strong showing in Sacramento. For community associations interested in supporting CLAC directly through the Buck-A-Door campaign, please see the CLAC PLEDGE FORM. Steven Shuey, PCAM, CCAM, is a certified professional community association manager. He serves on the National Faculty of CAI and a past board member of the APCM. He is a community association consultant with Personalized Property Management here in the Coachella Valley. This year he was awarded the lifetime achievement award from CAI-CV. He may be contacted at IslandMgr@aol.com. You can follow him on Twitter (www.twitter.com/@IslandMgr)
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CLAC PLEDGE FORM YES, I’D LIKE TO SUPPORT CAI-CLAC WITH A PLEDGE!
PLEASE LET US KNOW WHICH CAI CHAPTER(S) YOU ARE DONATING TO:
HOA PLEDGE Number of Doors
X
A Buck a Door or More
=
Bay Area Central
Total Pledge
California North
PROFESSIONAL’S PLEDGE Professional Hourly Rate
X
Channel Islands
Number of People in Firm
Coachella Valley
=
Greater Inland Empire
Total Pledge
Greater Los Angeles
FLAT RATE PLEDGE
Orange County Regional
Total Pledge
San Diego
NAME
TITLE
FIRM/COMPANY NAME
ASSOCIATION NAME
ADDRESS
CITY
STATE
PHONE
ZIP
METHOD OF PAYMENT - Return this completed form to the address below Check enclosed payable to CAI-CLAC
Credit Card – Amex
Visa Mastercard Discover (circle one)
NAME ON CARD
BILLING ADDRESS
CITY
STATE
ZIP
CREDIT CARD NUMBER
SECURITY CODE
EXPIRATION DATE
SIGNATURE
DATE
CAI California Legislative Action Committee (CLAC), is a 501(c)(6) not-for-profit organization. Contributions or gifts to CAI California Legislative Action Committee are not deductible for federal income tax purposes.
888.909.7403 | 916.550.9488 fax | www.caiclac.com 1809 S Street | Suite 101-245 | Sacramento, CA 95811
ADVERTIZERS ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP................................................. 38
ASPHALT AMS PAVING.................................................................... 34 ASPHALT MD’S.................................................................. 6 DIVERSIFIED ASPHALT PRODUCTS................................. 31 NPG ASPHALT................................................................. 38
ATTORNEYS EPSTEN GRINNELL & HOWELL APC................................. 27 FIORE RACOBS & POWERS, A PLC.................................. 37 GREEN BRYANT & FRENCH, LLP........................................ 4 GURALNICK GILLILAND & KNIGHTEN.............................. 16 LAW OFFICE OF PEGGY REDMON...................................... 2 PETERS & FREEDMAN, L.L.P. .......................................... 33
BANKING MUTUAL OF OMAHA BANK................................................ 4
ELECTRIC & WATER COACHELLA VALLEY WATER DISTRICT............................. 3
APRIL QUORUM WORD SEARCH
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LAGUNA DE LA PAZ VENDOR LICENSED STEVEN SHUEY GERARD GONZALES
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HOA CAI INSURANCE SECURITY CORKS FOR CLAC
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CONTRACT ASK THE ATTORNEY GOLF TOURNAMENT CID CAMERON BRIDGES
CAI-CV.org
CONSERVE LANDCARE...................................................... 9 PRO LANDSCAPING......................................................... 38 SUNSHINE LANDSCAPE..................................................... 3 WATERRITE - VINTAGE ASSOCIATES, INC....................... 33
PEST CONTROL FRAZIER PEST CONTROL................................................. 16 LLOYD PEST CONTROL.................................................... 39 POWERFUL PEST MANAGEMENT...................................... 2
SECURITY AMS SECURITY.................................................................. 3
facebook.com/CAICV
twitter.com/CAI_CV
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NPGASPHALT.COM So-Cal: 951.940.0200 Desert Division: 760.320.9600 Proud Members of: BIA,BOMA,CAI,IREM,CACM,CREW 38
Quorum April, 2017
GREAT NEWS FOR PROPERTY MANAGERS... Easier scheduling...
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41-905 Boardwalk, A-2 Palm Desert, CA 92211
GREEN IS FOR LOCAL EVENTS
CAI-CV UPCOMING EVENTS
SIGN UP FOR LOCAL EVENTS AT CAI-CV.ORG AND FOR CAI NATIONAL EVENTS AT CAIONLINE.ORG APRIL Board Leadership Development Workshop (Essentials for community board members)
WHEN: Friday, April 14, 2017, 8:00 a.m. – 5:00 p.m. WHERE: The Classic Club, Palm Desert – FREE (limited space) CAI-CV’s Educational Program Lunch & Mini Trade Show (for all members) WHEN: Friday, April 21, 2017, 11:15 a.m. Registration WHERE: Palm Valley Country Club, Palm Desert CAI’s Day at the Capitol (for all managers) WHEN: Sunday-Monday, April 23-24, 2017 WHERE: Sacramento CAI-CV’s Spring Golf Tournament (for all members) WHEN: Friday, April 28, 2017 WHERE: The Springs Championship Golf Course, Rancho Mirage
MAY CAI’s National Conference (for all managers) WHEN: Wednesday-Saturday, May 3-6, 2017 WHERE: Caesars Palace, Las Vegas, NV IMPORTANT: All of CAI’s Courses are offered in Las Vegas prior to National Conference, May 1 through May 2nd
CAI’s M205 Course (for managers) WHEN: Thursday-Friday, May 18-19, 2017 WHERE: Santa Ana CAI-CV Educational Program Lunch & Mini Trade Show WHEN: Friday, May 19, 2017, 11:15 Registration WHERE: Palm Valley Country Club, Palm Desert
(for all members)
JUNE Manager on the Run (MOTR) & SUMMER SIZZLER (MOTR for managers; Summer Sizzler for all members)
WHEN: Friday, June 2, 2017 MOTR – 4:00 PM – 5:00 PM Summer Sizzler – 5:30 PM WHERE: The Classic Club, Palm Desert
SAVE THE DATE REGISTER AT WWW.CAICLAC.COM
2017 LEGISLATIVE DAY AT THE CAPITOL APRIL 23-24, 2017
CALIFORNIA LEGISLATIVE ACTION COMMITTEE
2017 CORPORATE SPONSORS PLATINUM______ AMS Paving Asphalt MD’s Associa Desert Resort Management Bissell Design Studios Inc. Conserve LandCare Diversified Asphalt EmpireWorks Fiore Racobs & Powers, A PLC KESQ NEWS Channel 3 ABC NPG Asphalt Pacific Western Bank Roof Asset Management Signarama Sunshine Landscape Vantage Point Construction Western Pacific Roofing
GOLD___________ AMS Security BRS Roofing CBCI Construction Epsten Grinnell & Howell, APC Flood Response G4S Secure Solutions Lloyd Pest Control Mutual of Omaha Peters & Freedman, L.L.P. Prendiville Insurance Agency PrimeCo Purified Pool Water Vintage Associates
SILVER__________ Artistic Maintenance, Inc Automation Pride Barcode Automation, Inc. Coachella Valley Water District DWI Farley Interlocking Pavers Frazier Pest Control Horizon Lighting Painting Unlimited, Inc. Powerful Pest Management Seacoast Commerce Bank Three Phase Electric Union Bank Homeowners Association Services
BRONZE________
Accurate Leak Locators Adams Stirling, PLC Albert Management, Inc. All Counties Fence and Supply Alliance Association Bank Association Reserves Bank of Southern California Ben’s Asphalt, Inc. Dunn-Edwards Paint Corp. FirstService Residential Frontier Communications Guralnick, Gilliland & Knighten Kasdan LippSmith Weber Turner, LLP LaBarre/Oksnee Insurance Agency Law Office of Jennifer James, Esq.
PatioShoppers Commercial Furnishings Powerstone Property Management Pro Landscaping, Inc. S.B.S. Lien Services SCT Reserve Consultants SERVPRO of Palm Desert SERVPRO of Palm Springs/Indian Wells Sherwin-Williams Paint Co. Silldorf Law, LLP Suntech Consulting & Roofing The Management Trust United Paving U.S. Security Associates Vista Paint Corporation