Quorum August 2016

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CAI-CV & KESQ PARTNERSHIP | ADVERTISE WITH KESQ 760-340-7115 – RON.DIGRANDI@KESQ.COM

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The Three P's People, Pets & Parking Tips for Protecting Your Pets (and Yourself) from Coyotes Solar Carports Happy Homeowners AND Happy Dogs People, Pets and Parking + Fair Housing Laws = A Pandora’s Box of Potential Legal Pitfalls

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

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

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

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CONTENTS

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FEATURES

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The Three P's People, Pets & Parking Compiled By Cal Lockett

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Tips for Protecting Your Pets (and Yourself) from Coyotes

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By Dea Franck, Esq.

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Solar Carports

By Antoinette Hamilton

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Happy Homeowners AND Happy Dogs

By Barbara Clark

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People, Pets and Parking + Fair Housing Laws = A Pandora’s Box of Potential Legal Pitfalls

By Dea Franck, Esq.

CHAPTER NEWS

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Past Quorum Committee Members and Their Pets

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CAI-CV Chapter New & Renewing Members

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Have you Heard

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Chapter Upcoming Events

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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

QUORUM COMMITTEE MEMBERS KYMBERLI TAYLOR-BURKE, CHAIR NPG Nelson Paving, Inc. RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc. PHYLLIS HARKINS, CMCA, AMS, CCAM BOARD LIAISON The Management Trust - Palm Desert TIM ALBERT AlliedUniversal KIMBERLY BURNETT U. S. Security Associates ALAN J. CARNEGIE, ESQ. Daniels, Fine, Israel, Schonbuch & Lebovits, LLP DEA FRANCK, ESQ. Epsten Grinnell & Howell, APC

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

ERIN FUJIOKA G4S Secure Solutions, USA TIFFANY WRIGHT The Management Trust – Palm Desert ANTOINETTE HAMILTON Suntrek Solar ERIN KLINK Pacific Western Bank FRAN MULLAHY Vintage Associates, Inc. SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC. STEVEN SHUEY, PCAM Personalized Property Management Co. DAN STITES CBCI Construction, Inc.

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

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CONTENTS CHAPTER EVENTS

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June 10, 2016 Lunch Program Ask the Attorney Questions and Answers from "Ask the Attorney"

By Gen Wangler, Esq., CCAL

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Grease Is The Word

By John Walters-Clark and Micha Ballesteros

DEPARTMENTS

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President’s Message Platinum Spotlight

AMS Paving

Meet the Chair

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Casino Night - Mike Rey

By Erin H. Fujioka

Pearls of Wisdom Trending Now Pokemon Go

By Antoinette Hamilton

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Oct. 21, 2016 | Indian Wells, CA CAI-CV

Oktoberfest

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Immediately Following Legal Forum Tickets Available at CAI-CV.ORG

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A one-day event for California community managers, association board members and other homeowners from Community Associations Institute—the leader in HOA education, advocacy and professional development.

Critical updates on important legal requirements that impact how you work.

Essential information on key legal developments that impact where you live.

For event details and registration, visit www.caionline.org/events/CALaw or call CAI Member Services at (888) 224-4321 (M–F, 9 a.m.–6 p.m. ET).

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Happy August everyone! I hope your summer has been a memorable one so far. Here at the Chapter office, we are busy planning for events to round up our 35th anniversary year! Our Educational Program Luncheon and Mini Trade Show will be back at Palm Valley Country Club on Friday, September 9th. The topic will be RESERVES and our guest speakers are James R. McCormick, Esq., CCAL, from Peters & Freedman, LLP, and Dan Stites, Chairman & CEO of CBCI Construction, Inc. Our ever popular Casino Night will be held on Friday, September 23rd at Sun City Palm Desert. The Theme is “Totally Awesome 80’s” and we are planning an entirely new horseracing encounter that will knock your socks off! You won’t want to miss this event.

Mark your calendars! CAI-CV is hosting the California Statewide Legal Forum for all California CAI chapters on Friday, October 21, at the Renaissance Indian Wells Resort and Spa. This spectacular day-long educational forum provides CAI managers and board members with an array of topics presented by some of the industry’s most gifted practitioners. Sign up at WWW.CAIONLINE.ORG under EVENTS. Immediately following the Statewide Legal Forum, CAI-CV will be hosting our Oktoberfest Celebration at the Renaissance on the Rose Lawn. This will be the biggest CAI-CV event this year as all of the 600 plus participants at the Legal Forum are invited to join us. We’ve hired a live band, The Hofbrau Boys, to entertain us with traditional German music and dancing. Chef Eric at the Renaissance has promised some of the finest German food, and you can count on tasting some of California’s best beers that night. The Renaissance is offering CAI members a great room rate and a $50 resort credit for attendees who want to spend the night. Sponsorships for Oktoberfest are still available. More information is available at the CAI-CV website, WWW.CAI-CV.ORG. The Chapter’s election process for new Board of Directors is underway and we will be announcing the candidates in Quorum’s September issue.

We are still looking for energetic volunteers to help us with the last few events of 2016 and we welcome any volunteerism from our Chapter members. If you are interested in serving on a committee, please contact the Chapter office at 760-341-0559.

As we begin our slow descent to cooler temperatures, remember to be safe and stay hydrated, wear sunscreen, sport that wide-brimmed hat, and if you are a golfer, play summer rules and hit ‘em shade to shade. Before you know it, the kids will be back to school, the season will begin and summer will be over. Take the time to enjoy what’s left of it.

Oh, least I forget, August is a month filled with national “food” days… like watermelon, vanilla custard, cherry turnover, banana split.. it just goes on and on. Enjoy!

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President’s Message

MEMORIES

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CHAPTER NEWS 2016 CORPORATE

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

CAI-CV Chapter New & Renewing Members NEW BUSINESS PARTNER PRO VALENZ CONSTRUCTION & PAINTING CONTRACTORS, INC. Leonardo Valenzuela (760) 565-1386 contact@provalenzconstruction.com RENEWING BUSINESS PARTNERS ASSOCIA ON CALL - DESERT RESORT MANAGEMENT Tad Black (760) 346-1161 tblack@drminternet.com BRS ROOFING, INC. Tony Brasil (909) 884-8505 tony@brsroofing.com HORT TECH LANDSCAPE Rosa Trevino (760) 360-9000 rosa@horttechlandscape.com MORENO AND SONS PAINTING, INC. Richard Moreno (760) 343-3141 pleigh@morenopaintinginc.com NEW MULTI-CHAPTER BUSINESS PARTNERS ALANTE/MCS INSURANCE SERVICES David Jeranko (949) 679-7130 davidj@mcsins.com ROBERT A. OWENS, CPA A PAC John Kraul (949) 851-5020 Ext. 12 john@raocpa.com

RENEWING MULTI-CHAPTER BUSINESS PARTNERS ADAMS STIRLING PROFESSIONAL LAW CORPORATION Maureen Davidson (310) 945-0280 maureen@adamsstirling.com KHATRI INTERNATIONAL INC. Dilip Khatri (626) 475-7660 dkhatri@aol.com MCDONNELL ROOFING, INC. Lauri Williams (714) 844-2814 lauri@mcdonnellroofing.com PATIOSHOPPERS Todd Chism (951) 696-1700 Ext. 208 todd@PatioShoppers.com S.B.S. LIEN SERVICES Jennifer Kennick (818) 991-4600 Jkennick@liencollections.com SILLDORF & LEVINE, LLP Bree Muhlig (800) 811-5874 bmuhlig@silldorf-levine.com RENEWING MANAGER MEMBERSHIPS SUN CITY ANTHEM COMMUNITY ASSOCIATION Lori Pillatzke (702) 614-5877 lori.pillatzke@scacai.com VINTAGE GROUP Rosanna Cardenas (760) 610-6139 rosanna@vintagegroupre.com

WHITESTAR MANAGEMENT Christopher Bremseth (760) 773-0123 chris@whitestarmgmt.com NEW VOLUNTEER LEADERS Bruce Siegel RENEWING VOLUNTEER LEADERS MISSION LAKES COUNTRY CLUB Tom Brady Lisa Meyer Susan Poppey PALM DESERT COUNTRY CLUB VILLAS Jackie Gish Jerry Holm PORTOLA COUNTRY CLUB Len Hall Deborah Kallok Barbara Larsh Bob Leo Karla Lewis Marilyn Loewy Marilynn Ushman RANCHO MIRAGE COUNTRY CLUB HOMEOWNERS ASSOCIATION Steve Downs Jack Finkelstein Robert Lucas Don Miller Mary Willis THE FAIRWAYS HOMEOWNERS ASSOCIATION Bob Dunlap Kirk Gardner WAVERLY PARK HOMEOWNERS ASSOCIATION Connie Fairpeas Joseph Montalbano

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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FEATURE

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People, Pets & Parking Compiled By Cal Lockett

he three P’s, people, pets and parking, are by far the most controversial topics facing associations throughout the world today. Boards and managers can easily spend 75 percent or more of their time responding to homeowner complaints and frustrations related to these issues. The following articles are a compilation of tips from CAI’s copyright-free articles and BEST PRACTICES. The common thread found in this information is the importance for associations to have clear-cut rules and to regularly remind homeowners of both the rules and the reasoning behind them. Associations can usually find common ground among homeowners by initiating and enforcing rules that directly preserve the community’s quality of life and home values. Communities that take the extra step to gain homeowner participation and build community spirit are much more likely to overcome the pitfalls of the three P’s and thrive.

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PEOPLE PEOPLE issues are clearly the major cause of most community’s successes and failures. Thriving communities enjoy quality lifestyles and increased home values. However, when things go wrong, PEOPLE issues can account for the majority of an association’s time and resources and may cause home values to decline dramatically. We asked CAI if there are ways to avoid negative PEOPLE issues. Their experts tell us that getting residents involved in their communities is essential.

Here are a few ideas (excerpts) from CAI’s Foundation for Community Association Research’s BEST PRACTICES on Community Harmony & Spirit.

According to the Foundation for Community Association Research’s National Survey of Community Association Homeowner Satisfaction, the average community association resident volunteers twice a year for community-sponsored events. Nearly 60 percent of respondents said that they participate in each of the following community-wide events: parties, holiday celebrations, neighborhood watch programs, and community holiday decorating.

Forty-five percent of respondents said that they participate in other social events. However, 45 percent of community association residents also admitted that they either never volunteer or only volunteer in their associations once a year.

How do managers and boards increase resident involvement within community associations? By treating all residents as stakeholders and developing and conducting community harmony and spirit-enhancing programs and including residents in the initial stages of program development. Building community spirit is more than informing residents about board action and improvements. It’s asking their opinions and developing programming that they will enjoy that will spur further community involvement.

Community spirit means pride in a community.

The community associations of today are neighborhoods of yesterday. Spirited communities, like safe neighborhoods, have higher resale values.

Community spirit creates an emotional equity that sets communities apart from the rest.

FEATURE WAYS TO PROMOTE COMMUNITY SPIRIT To promote community spirit in your community, try one of these activities: • Create a neighborhood assistance program. Seabrook Island Property Owners Association in Johns Island, South Carolina, established the Good Neighbor Connection. Residents volunteer to provide neighbors with all types of assistance and a monthly coordinator assigns volunteers to their respective jobs.

• Hold a neighborhood swim-a-thon. The Greenbriar Community Association in Greenbelt, Maryland, held a community swim-a-thon.

Residents solicited pledges from neighbors for each lap they swam.

Greenbriar donated the event’s proceeds to the American Cancer Society.

• Print a community T-shirt. The management of Village Cooperatives, Inc., in Ann Arbor, Michigan, printed community T-shirts and sold them for $10 each. The back of the shirt read, “I Live on 64 Acres,” and the front had the community’s logo. Not only does this increase community spirit, but it also generates additional revenue for the association and serves as a marketing tool.

• Hold a clothing drive. The board of Atrium in Arlington, Virginia, developed a program to support the work of the charitable organization, Unity Health Care. The organization put bins in Atrium’s health club.

• Build and install park benches along walking trails and ponds. Find the craftsmen in your community and have them build community park benches with materials provided by the association. This saves money and is a great community spirit project.

• Discover ways in your community to support local charities and schools.

A measure of success and contentment can be evaluated in the level of dedication to giving back to the greater community. Sharing your time, talents, and financial resources as individuals, small groups, and as a corporate entity is a true reflection of community spirit.

• Recognize children. Use your newsletter to note worthy accomplishments in academics and athletics for the children in your community.

• Sponsor a safety seminar. Coordinate a safety seminar with Emergency Services to educate parents and grandparents on bicycle safety, Ident-aChild, medical and medicine alert folders for 911 EMS responses to your home, and Neighborhood Watch.

• Facilitate neighborhood block parties. Use your newsletter to encourage each neighborhood in your community association to have an annual block party. It is a great way to meet new neighbors and foster community spirit.

• Choose a signature shrub or tree and celebrate each Arbor Day. Ford’s Colony chose the Pink Crape Myrtle as its signature tree. Each Arbor Day, the community plants a dozen crape myrtles in a ceremony keyed to the environment with adults and children participating.

• Publicize upcoming events via e-mails and the web. More and more community association members have websites and e-mail addresses— why not use them? They’re an inexpensive way to promote upcoming special events and meetings.

• Publish event photos. What better way to promote community spirit than to show non-participants all the fun that they’re missing?

• Hook them from the get-go. When new owners move in, send over a board or committee member to welcome them to the community. Let them know about the community and how it works. Follow-up with a phone call approximately four to six weeks later just to check in and see if the residents have any questions.

• Create activities for new residents. For instance, Ford’s Colony has a Newcomers Club. New residents mingle each month with other new residents.

• Send thank-you notes. When someone volunteers—in any capacity—say thanks. Knowing that the board or manager appreciates their involvement goes a long way. It also may start a chain reaction of positive publicity for the board.

• Practice positive customer service. If a resident writes a letter, sends an e-mail, or leaves a message, make sure that you reply within 24 hours, even if you don’t have a definitive answer yet.

• Hold board office hours. Have one or more members of the board available once every month to address residents’ concerns or questions.

• Hold quarterly town hall meetings. The board responds to questions but doesn’t take action as a board in this forum.

• Look for a reason to celebrate. Celebrate your association’s success.

Celebrate holidays—big and small, traditional and quirky.

• Promote health and well-being. Use your community center to host a blood drive and/or blood pressure and cholesterol screening. Call your hospital for area coordinators and services.

• Support community awareness in local politics. Use your community clubhouse to host a Candidates’ Night in October of election season.

It is a great way for residents to meet the candidates in either a night dedicated to each political party or in a debate forum.

• Schedule a poolside movie night. On Friday nights, the aquatic center at First Colony Community Services Association (FCCSA) in Sugar Land, Texas, is turned into a movie theater where people can relax on a lounge chair or float on a raft while watching a movie.

• Establish standing committees with meaningful responsibilities and clean charters. If people have defined roles and responsibilities with a goal in sight, they’re more apt to participate.

• Conduct a resident survey. Every year since 1994, First Colony contracts with a professional research firm to conduct a survey of membership opinions on service and issues facing the community. The results of the survey help the board and management budget services. If your association can’t hire an outside firm to conduct the survey, use Survey Monkey, go door to door, send the survey via snail- or e-mail, or conduct it on your association’s website.

Published by the Foundation for Community Association Research Acknowledgements: Panel Members Include Pearl Atkinson-Steward, Denise Bower, CMCA®, AMS®, PCAM® Roger Hendricks, CMCA®, PCAM® Alyce Hill Lou Lutz, CMCA®, AMS® PCAM®, Jasmine Martirossian, Drew Mulhare, CMCA®, AMS®, PCAM® Pat Wasson, PCAM®, Clint Warrell, CMCA®, AMS®, PCAM®

COPYRIGHT AND USE PERMISSION ©COPYRIGHT 2014. FOUNDATION FOR COMMUNITY ASSOCIATION RESEARCH. 6402 ARLINGTON BLVD., SUITE 500 FALLS CHURCH, VA 22042. The Foundation’s entire catalog Best Practices Reports is available at www.cairf.org as a free download and for sale in CAI’s bookstore.

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FEATURE

PETS It’s not surprising that nearly 25 percent of the problems associations face are related to pet issues. Relentless barking, defecation in common areas and front yards, aggressive behavior and animals that run wild through the neighborhood are common issues that associations struggle to govern.

According to experts at CAI, pet rules are critical for HOA harmony. Many of these rules can also help maintain the health of pets. Most associations are proud to be pet-friendly, and are happy that four-legged family members are part of their community. Of course, like any good neighbor, it’s important that these pets don’t create an unpleasant environment for everyone else. To avoid unnecessary disputes and potential rule violations, here are some BEST PRACTICE guidelines owners should follow to ensure their furry friends continue to be a welcome addition to the neighborhood.

READ THE RULES While most associations welcome pets, they all have a few rules and requirements. Association rules are found in the association’s governing documents. Associations should make their pet rules easy to understand and easily accessible to residents and guests of the community.

American pet owners collectively spend tens of millions of dollars every year on veterinary care and over-the-counter medicines for their furry loved ones. But what many don’t realize is that various pet illnesses can be avoided by simply keeping the common areas and backyards clear of pet waste.

QUIET DOWN Pets will be noisy from time to time. However, when loud barking, meowing or squawking becomes annoying to neighbors, it’s time to help your neighborhood pets become less talkative. First, encourage residents to try to find out what causes their pets to get vocal: Do they get noisy when they’ve been alone and bored all day and need some playtime? Have they gone through a stressful change in environment recently?

Are they suffering from health issues? Do they simply like saying “hello” to every squirrel, person or car that passes by?

When they have identified the cause, they can take remedial actions such as confining pets to an area where they feel calm while owners are away, removing or blocking as many stimuli as possible, exercising pets more and spending more time with them. Owners can also take them to a professional or search

HERE’S THE POOP - KEEP IT CLEAN No one wants to see, smell or accidently step in the “gift” your dog left on the grassy common area. So when your dog needs to go, be sure to properly dispose of it, preferably in a pet waste disposal can. Not only will this keep the community looking better, but it will help keep groundwater clean and help prevent the spread of fecal-borne diseases.

Besides being a nuisance, uncollected dog waste is a serious problem for many associations. Consider telling residents that the next time they’re tempted to leave their dog’s droppings on the lawn, to please remember these facts: • The appearance and quality of the common areas are known to affect home sales—not just whether and for how much they sell, but how quickly.

• Uncollected dog waste spreads disease and attracts rodents who feed on pet waste.

• The Environmental Protection Agency is becoming aggressive about enforcing the Clean Water Act. If fined by the EPA, the association could face a potential special assessment.

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online for tips on how to train their pets not to get too noisy.

Dogs left alone all day get bored and restless, and many find relief in barking. Some respond noisily to any and all activity. But, nothing is as annoying as incessant barking— even for dog lovers. If you have yappers or yowlers in your community, consider informing dog owners of some of these bark-abatement ideas to keep the noise down in your area.

Your neighbors will thank you!

FEATURE • Training. Always the first recommendation for any behavioral problem! Help is as close as the Yellow Pages. Training not only helps your dog, owners will be surprised how much it helps them, too.

They may get some insight into why their dog barks so much, or what it is trying to communicate.

• Citronella collars. A humane alternative to the electric-shock, anti-barking collar and costs about the same. Available on the web and in pet stores.

• Confinement. Sometimes simply bringing an outspoken dog indoors or confining it to a crate can cut down on the disturbance to neighbors.

• Reduce stimulus. Close drapes to help muffle street noise, or leave a radio on to mask it. Disconnect telephones and doorbells before leaving your home if they upset your dog or make it bark.

• Companionship. Dogs are pack animals; they need companionship—a cat, bird, or another dog. Consider a mid-day visit from a pet-sitting service, or drop your pooch off at a friend’s place or a day-care facility once or twice a week.

NO WANDERING Most associations love dogs—they really do. That’s why associations are committed to enforcing leash laws on association property. According to the U.S. Humane Society, an unleashed dog has an average life span of less than four years. Allowing dogs to run free threatens the dog’s health and welfare and the happiness it brings to its owners. For the safety of pets as well as all residents, associations do not allow pets to roam unattended outside.

CONTROL FLEAS, TICKS AND PARASITES Dogs and cats can be great companions, but they also can carry fleas, ticks and parasites into homes and the common areas of the community. During the desert’s warm humid summer months, infestations can spread quickly. Pet owners can help avoid harmful pests in the community by following some of these tips, and following up with their veterinarian to learn more about other ways to prevent and treat outbreaks.

• Apply a topical flea and tick pesticide as soon as you see signs of pests.

• As we mentioned before, always leash your pet. Although you may trust your pets to obey commands, keeping them leashed lessens the likelihood they’ll be infected by other pets and wildlife.

• Keep pets clean. Even indoor pets should be inspected for ticks and flea “dirt,” which looks like pepper at the base of the coat on the skin. An occasional bath with flea shampoo is a good idea as well.

• Keep the situation contained. Once you’ve treated your pet and your home (and possibly your yard or outdoor surroundings depending on how severe the infestation is), keep the pet close to home until the problem is resolved.

PARKING Why is parking such a huge issue for associations?

Unfortunately, there are no simple answers other than parking problems exist in most communities. Here are some of the many complaints received by associations and responses prepared by CAI’s experts. While these circumstances may not hold true to all associations, we hope they will provide association Boards and managers some insight on BEST PRACTICES when it comes to parking. One thing that will help all associations is making sure residents are aware of the parking rules and the reasons behind those rules. Perhaps more important is that associations regularly remind residents and guests of the parking rules and enforce them consistently.

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FEATURE

THE NUMBER ONE QUESTION ASSOCIATIONS GET IS: WHY DON’T WE HAVE ENOUGH PARKING? In most cases, the problem comes about because of an unfortunate disconnect between the needs of developers and the lifestyle of residents after the developer transitions out of the community. Developers are typically viewing their project in terms of sales and want to maximize their return-oninvestment by building the greatest number of units possible, allotting the fewest parking spaces required by law. This eventually leaves the association to deal with the shortage.

Helping residents understand the cause of the problem can help create some empathy for the community manager and board. If more parking cannot be added immediately, creating a two to three-year plan can help stem some homeowner frustrations.

STREET PARKING Many associations don’t allow parking on their streets in certain areas, during the night or, for some communities, during the day. When parking restrictions exist, associations need to remind residents and guests often about the reasoning 14

Quorum August, 2016

for these restrictions. For example, if the association’s roads are subject to local regulations that specify the space needed for access by emergency vehicles and that access is blocked when cars are parked on the street, a simple sign that reads “no street parking – emergency vehicle turnaround” could help residents and guests understand the importance of complying with the restrictions. Communicating parking restrictions regularly through the community’s newsletters will help with compliance. In guard gated communities, parking restrictions could be handed out to each guest upon arrival in the community

REGISTERING CARS WITH THE ASSOCIATION Many associations require residents to register their vehicles. Having a registration system allows the manager to match vehicles with residents. This is important for the safety of the whole community and allows the association to know what vehicles belong in the community and to identify nonresidents who are parking in the community spaces.

Registration systems help deter crime and in case of emergency, the manager can contact the vehicle’s owner. As with all parking rules, regularly informing residents that vehicle

registration is required will help avoid misunderstandings. Be sure to remind residents to keep their parking pass clearly visible at all times and to never leave their gate clickers in the car.

ASSOCIATION RIGHTS RELATED TO PARKING What gives the association the right to tell residents where and how to park?

When purchasing a home in an association, the buyer entered into a contractual agreement with the association to abide by its covenants. Those covenants include bylaws that empower the board to adopt and enforce rules they believe are necessary for everyone’s good. The parking policy explains the parking rules and specifies procedures for enforcing them; not only is the board allowed to develop the policy, it’s legally obligated to do so.

We encourage associations to make their rules clear to potential buyers.

CITING NUISANCE VEHICLES Most associations will cite vehicles that are a nuisance to the community and residents, even if the owner is complying with all the parking rules. Vehicles that consistently leak oil on the common areas, emit excessive exhaust or gas fumes, are very loud or are otherwise inconsiderate of others, can be cited by the association.

Reminding residents to keep their vehicles in good repair is important.

When it comes to parking, making sure residents are regularly reminded of the rules and the reasons for them will go a long way toward building a harmonious community. When associations have parking problems that need to be addressed over time, they can avoid frustrations and conflicts by developing a plan to cure the problem and communicating that plan and its timing to residents.

Cal Lockett is Executive Director of CAI-CV. Cal can be reached via email at clockett@cai-cv.org or by phone at (760) 880-5717.

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FEATURE

Tips for Protecting Your Pets (and Yourself) from Coyotes

By Dea Franck, Esq.

N

o matter how heavily populated with people our area may be, it doesn’t always deter wild animals from sharing the space with us. Coyotes abound throughout the Coachella Valley and it is not uncommon for coyotes to venture into our desert communities. These indigenous creatures have roamed our desert since long before we came along to coexist with them.

In order to keep a harmonious relationship between us, we need to be aware of coyotes’ habits and needs, and keep a safe space between our two species. If left to roam freely, coyotes can tear through garbage, become aggressive towards people (approximately four years ago two women in Palm Desert were bitten by coyotes) and will even attack and kill pets. Coyotes serve an important purpose by keeping rodent populations at bay. As such, we don’t want to harm them, but we do need to make our surroundings as inhospitable to them as possible in order to protect our pets and ourselves. Here are some facts about coyotes and tips on how to protect your pets and yourself.

• Coyotes are opportunistic omnivores and will eat almost anything – snakes, frogs, grasshoppers, grapes, peaches, melons, pumpkins and skunks. Therefore, you should lock off pet food, birdseed, fruits and vegetables from gardens, and garbage and composts so coyotes can’t access them.

• Coyote packs have highly defined territories that they defend. Therefore, if you are out with your dog and see a coyote, pick up your dog if possible and leave immediately.

Walk your dog on a short leash, at your side, not behind you, at all times. Do not let your dog play with coyotes as they may turn on your dog if they feel threatened. If you have to leave your dog unattended outside, make sure he or she is kept in an enclosed kennel.

• Attacks by coyotes on humans are rare, and are almost always associated with people habituating them with food or attempting to keep or treat them as pets. They are still wild animals and may become aggressive. Therefore, do not set food out or leave accessible trash bins on the street. Secure lids on trash and recycling bins. Though they are normally timid toward people, coyotes’ natural fear is lessened and they are encouraged to stay in the area if you feed and try to play with them.

• Report all sightings to local animal control, especially if the coyote isn’t easily intimidated by loud noise or bright light or if you see the animal during daylight hours.

• Coyotes use dens over and over throughout successive generations. As such, block or remove all openings to areas that might make a good den for coyotes, such as in woodpiles and under decks, and also keep an eye on dense bushes and shrubs where coyotes may hide.

• Coyotes can travel speeds of up to 40 miles per hour.

Therefore, keep a close eye on your pets. To ensure your cat will be safe, be sure to keep it indoors at all times.

Always supervise your dog when he or she is outside, particularly at dawn and dusk, when coyotes are most active and looking for food.

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Quorum August, 2016

• Spring and summer are the times of year when sightings of these usually reclusive animals typically increase.

They are easily startled by loud noises. If you run into a coyote while you’re outside, act big, yell, flail, and even throw small objects at it to let the coyote know it is unwelcome in the area. Carry a flashlight, pepper spray, or a loud noise making device with you. Do not turn your back on the coyote or run as this will only encourage the coyote to be aggressive towards you.

• Coyotes, like all warm-blooded animals, may contract rabies. Their close kinship to dogs places coyotes at greater risk where there are populations of unvaccinated domestic dogs. If you or your pet are bitten by a coyote, medical treatment must be immediately sought and the incident reported to animal control.

Coyotes are members of the canine family. While they might look like a rugged version of Rover, coyotes are wild animals that can become aggressive. Make sure your children (and you!) do not feed or try to play with coyotes. While it might feel a bit unnerving to be living so close to coyotes, if you take precautions, it will be easier for you and your pets to co-exist peacefully with these beautiful animals.

Dea Franck is an associate attorney at Epsten Grinnell & Howell, APC’s Coachella Valley office.

With offices in the Coachella Valley, San Diego and the Inland Empire, Epsten Grinnell & Howell provides common interest developments with corporate counsel, rapid assessment recovery services, construction defect and other civil litigation counsel, interpretation of fair housing issues and alternative dispute resolution assistance.

You can reach Dea at (760) 836-1036 or dfranck@epsten.com.

FEATURE

Solar Carports

By Antoinette Hamilton 2016 is proving to be yet another year of record breaking temperatures. With the likelihood of this pattern continuing, we will see even higher temperatures in the years to come. How will we control our cooling of residential, commercial properties, schools and government buildings without breaking the bank? In a word: solar. The significant adoption of solar since 2010 has seen exponential growth year after year including solar carports for schools, colleges colleges such as our local COD, government facilities, libraries and national parks.

YOSEMITE PARK’S El PORTAL SOLAR PROJECT Installed by Suntrek Solar 3,216 panels, 700 kW, and you can watch the YouTube video at Yosemite Park's El Portal Solar Project

Solar Electricity For Commercial, Schools, Agriculature and Government Buildings Businesses reap incredible financial rewards by using solar electricity. With the extension of the 30% Federal Income Tax Credit to 2019 and accelerated depreciation, your subsidies will be over 70% of your investment. From the moment you install solar you save thousands on annual utility costs. As the savings accumulate, your system pays for itself in as little as 3 years.

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Solar electric systems are ideal for any commercial, schools or government facilities, including: • Office Buildings • Warehouses • Factories • Agriculture • Shopping Malls/Retail Stores • Churches • Hotels/Resorts • Apartment Buildings • Assisted Living and Senior Facilities • HOAs • Country Clubs • Airports • National Parks • Sports Arenas • Schools • Libraries • Schools/Colleges • Hospitals

IID (Imperial Irrigation District) – Net Billing As reported recently by Sammy Roth of the Desert Sun, homeowners and businesses who come under the utility IID (Imperial Irrigation District) should beware. IID has replaced net metering with a new program called net billing. Under net billing, new solar customers would be the charged retail rate of 11.69 cents per kWh for all electricity they take from the grid, then credited 7 cents per kWh for energy they send back to the electrical grid.

The $0.07 credit rate would make solar progressively less valuable, as the rate would be reduced as low as 3 or 4 cents over time, which would result in solar customers paying higher bills with less likelihood of ever zeroing out.

Antoinette Hamilton has experience in solar PV and solar pool heating in the Coachella Valley since 2007. She 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 info@suntosolar.com.

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Quorum August, 2016

MEET THE CAI-CV CASINO COMMITTEE CHAIR

By Erin H. Fujioka

MIKE REY Mike Rey is the Chair of CAI-CV’s Casino Committee has been an active CAI member for the past 15 years.

He is currently a member of the San Diego, Inland Empire, Orange County and Coachella Valley chapters. Mike is the owner of Rey Insurance Services in Laguna Hills. He holds a BA from Cal State Fullerton and has been a selfemployed broker with Farmers Insurance since graduation.

Mike has been the Membership committee chair for the Inland Empire chapter for the past three years while serving on the Membership Committee for the Orange County chapter.

During his downtime, Mike enjoys spending time with his three children, enjoying the great outdoors and staying as active as possible. He said he really enjoys watching his son play football for the Capistrano Valley high school team and participating in Crossfit classes with his children. Mike is a competitive Crossfitter, fly fisherman, golfer and archery enthusiast.

Throughout the years, Mike has been influenced by many friends and family, however, he accredits his District Manager, Don Davis, and close friend, Mark Sheet, for being the most influential and motivating. They inspired him in many ways and encouraged him to push through the most difficult of times, teaching him how to stay on a steady, focused path, which lead him to the great success he has today.

Mike’s favorite quote is “when life knocks you down, try to land on your back; because if you can look up, you can get up.”

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HAVE YOU HEARD The Management Trust is on the move! Congratulations to their two new onsite general managers—Tiffany Wright is now the onsite general manager for Terra Lago in north Indio, and Phyllis Harkins is now the general manager for Portola Country Club in Palm Desert.

The CAI-CV board of directors accepted with much regret the resignation of Leslee Cicogna from the Chapter board. Jolen Zeroski, Vice President of HOA Services for Union Bank, and a current CAI-CV director, has been appointed by the Chapter board to serve on the Executive Committee as Treasurer for the remainder of the term. Thank you, Leslee, for your long-time service to our Chapter.

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EVENTS

June 10, 2016 Lunch Program

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Quorum August, 2016

EVENTS

ASK THE ATTORNEY

GUEST SPEAKERS

Christina Baine DeJardin, Esq. Peters & Freedman, L.L.P.

Dea Franck, Esq. Epsten Grinnell & Howell, APC

Steven A. Roseman, Esq. Roseman & Associates, APC

Margaret “Gen” Wangler, Esq., CCAL Fiore Racobs & Powers, APLC

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EmpireWorks Pacific Western Bank PEN SPONSOR

Accurate Leak Locators TOPICS:

Executive Sessions & Regular Meetings Governing Documents Rules & Regulations Short Term Rentals What to do with Problematic Board Members Are Your HOA Volunteers Covered?

Elections Assessments & Collections Vendor Problems (See Questions & Answers from "Ask the Attorney," Page 22) CAI-CV.org

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EVENTS

On Friday, June 10, 2016, CAI-CV hosted an “Ask the Attorney� educational lunch program at Palm Valley Country Club. This is the first article of questions and answers adapted for Quorum Magazine. More to come in September!

Questions and Answers from "Ask the Attorney"

By Gen Wangler, Esq., CCAL THE FOLLOWING QUESTIONS WERE ASKED ABOUT EXECUTIVE SESSIONS:

QUESTION May a board of directors elect or change officers in executive session?

ANSW ER Yes, a board may meet in executive session to elect or change officers, or to fill vacancies on the board.

The Davis-Stirling Common Interest Development Act permits boards of directors to meet in executive, or closed session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, and to meet with a member, at the member's request, regarding the member's payment of assessments. The board may also meet in executive session to conduct member disciplinary hearings, to discuss a payment plan with a member, and to decide whether to foreclose a lien.

The meaning of the term "personnel" is not limited to matters such as employment, payroll, and hiring and firing employees. "Personnel" has a broader meaning, to include matters involving officers, directors and agents of the corporation, as well as association volunteers and committee members, and independent contractors and 22

Quorum August, 2016

vendors who perform services for the Association, and any actual employees.

Of course, boards are not required to meet in executive session to appoint new officers or appoint directors to fill vacancies. Typically, those actions are taken in open meetings for purposes of transparency. However, there can be circumstances where it would be inappropriate to take such actions in an open meeting. For example, the manager may discover that the treasurer is delinquent, or that the president is taking unauthorized actions. The board should meet in executive session to deal with these personnel issues, and not air these matters in front of the members in an open meeting.

QUESTION Are boards permitted to meet in executive session for matters in addition to those stated in the Davis-Stirling Act?

ANSW ER Yes, the board may meet with counsel to receive legal advice on any matter.

QUESTION What is the notice period for executive sessions?

ANSW ER Two days.

QUESTION Is the board required to post the agenda for the executive session?

ANSW ER Yes, the agenda must be posted with the notice. Use caution in framing the agenda items. For example, if an agenda item is "disciplinary hearing," do not include the owner's name. The association could be liable for publicizing private information about a member.

QUESTION Is the board required to take and maintain minutes of executive sessions and publish those minutes?

ANSW ER Yes. The California Corporations Code requires that corporations keep minutes of meetings of the members, the board of directors and committees of the board of directors, that is, executive committees. This requirement applies to all meetings, not just open meetings.

In addition to the statutory requirement, it is good practice to prepare and maintain executive session minutes.

Since executive sessions involve sensitive decisions such as initiating or settling litigation, or entering into contracts, it is particularly critical that

EVENTS minutes be kept. Executive session minutes may be needed in the future if a board's decision is challenged or if the decision results in damage to the association. Board members are protected from individual liability for decisions that result in damage to the corporation if they comply with the Business Judgment Rule. The Business Judgment Rule is expressed in Corporations Code § 7231, which states in part: A director shall perform the duties of a director . . . in good faith, in a manner such director believes to be in the best interests of the corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.

Minutes are critical to establishing that the board acted in accordance with the Business Judgment Rule. Minutes that are certified by the secretary of the corporation are prima facie evidence of what occurred at the meeting, and a challenger then has a heavy burden of disproving the matters stated in the minutes. Without executive session minutes, directors have no written proof that they complied with the Business Judgment Rule. Instead, they are left to simply testify as to what happened and end up in a "he said — she said" situation. If the board's executive session meeting minutes reflect the actions taken, and generally note the reasons for the actions and any documentation and expert advice that the board relied on, the board will be in a good position to defend its actions and avoid liability.

Finally, minutes of executive session meetings should NOT be published.

In fact, executive session minutes are not subject to inspection and copying by the members. (Civil Code Section 5200(a)(8).) Executive session minutes should be maintained in a place that is completely separate from the minutes of open meetings, so that they are not inadvertently given to someone not entitled to inspect them. The reason is

that, again, executive sessions involve matters that are sensitive, such as decisions made during litigation, or hearings involving individual owners, and sharing them with anyone not on the board or management could cause injury to the association.

THE FOLLOWING QUESTIONS WERE ASKED ABOUT COMMITTEES:

other committees that do not exercise the authority of the board and these other committees may include persons regardless of whether they are directors.

THE FOLLOWING QUESTION WAS ASKED ABOUT COMMERCIAL PROPERTY OWNERS ASSOCIATIONS:

QUESTION

QUESTION Is there any prohibition against a board member serving as chair of a committee, or serving on committees?

ANSW ER There is no prohibition in the Corporations Code, nor is there any prohibition in the Davis-Stirling Act. However, look at your Bylaws, there may be some provisions about the composition of committees.

QUESTION Is there a requirement that all committees have at least one director?

ANSW ER No. Some may confuse this with Corporations Code Section 7212, which says only directors may serve on an executive committee, which is a committee that has the full authority of the board. Section 7212(b) provides: (b) A committee exercising the authority of the board shall not include as members persons who are not directors. However, the board may create

Are commercial property owners associations required to have reserve studies?

ANSW ER No, at least not under the Commercial and Industrial Common Interest Development Act, enacted in 2013. This act only applies to common interest developments that are limited to commercial or industrial uses by law or the CC&Rs. However, the CC&Rs or bylaws for a commercial property owners association may require reserve studies as well as the disclosure requirements of the Davis-Stirling Act, e.g., distribution of the pro forma operating budget, reserve study disclosure, etc. If so, the association must comply with those provisions of its governing documents.

Gen Wangler, Esq., CCAL, is a Senior Shareholder and Director of Fiore, Racobs & Powers and the senior supervising attorney for the Firm's Coachella Valley office. Gen can be reached at (760) 776-6511 or by email at gwangler@fiorelaw.com.

Q&

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2016 PLATINUM SPONSOR SPOTLIGHT

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FEATURE

Happy Homeowners AND Happy Dogs

By Barbara Clark

T

he Rancho La Quinta Board and HOA office began receiving many calls for a community dog park in 2009.

With strict leash regulations, more and more dogs, and complaints from some homeowners regarding off-leash dogs, burn spots on grass and some baggie laxness, the board undertook a feasibility study and survey to determine how to provide off-leash pets a safe place to exercise and socialize, while promoting responsible dog ownership. A volunteer homeowner committee of dog park supporters distributed a questionnaire to all homeowners, with a positive marketing approach that highlighted the many reasons for such a park, and sent it at a time of year when most homeowners are in residence. The results were encouraging; many were interested in using the park; many more, although not all, had no objection to the existence of a park. It was made clear in the survey that no HOA funds would be spent for the construction and maintenance of a dog park.

Location, Location, Location!

After establishing interest and support of a sufficient segment of homeowners, the Board of Directors asked the dog park committee to develop a plan. The most important task was to determine an appropriate site for the park, and several open areas on HOA property and several CVWD right-of-ways were identified. A negotiation was conducted with CVWD whereby they agreed to lease a 1+ acre well site that contained an existing storm drain and access to utilities (water, electricity).

Creating a Budget The next step was to create a budget for construction and maintenance, including City requirements and fees. This effort included identifying park features,

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Quorum August, 2016

necessary construction costs, permit fees, signage, and ongoing maintenance costs after construction. Modest architect and attorney fees would be incurred.

The dog park would be self-funded through donations and user fees. A significant seed amount was donated by the Rancho La Quinta developer, and remaining funds would be the subject of an energetic fund raising program (direct donations from homeowners, realtors and vendors; adopt-a-trees, benches, water fountains and sanitation stations). Most of the dog park efforts were performed by many hardworking committee volunteers.

Features Included in Budget

Proposal to Board

• Large- and Small-dog fenced grass

A presentation was made to the Board of Directors by the dog park committee, consisting of the following: • Developer donation and planned fundraising

• Shade trees • Bench seating • Doggie valet stations (bags, disposal bins) • Dog and people water fountains • Auto and cart parking

• Permit application required

• Donation recognition

• Observations from tours of other valley dog parks

• Keyless gate entry

• Architectural illustrative plan

• Signage

• Preliminary cost estimates

• Self-directed rules and policies

• Recommendation to build a dog park

• Homeowner and guest policies

The Board voted approval to proceed.

PE ARLS OF

WISDOM

It’s A Go! After submitting the required applications and fees, City permit approval was received. This was a somewhat lengthy process. Be prepared for possible changes and additions to be conditions of approval (e.g. accessibility, parking details, grading requirements, CVWD approval, drainage). Bids for construction were obtained from various vendors: grading, fencing, concrete, gates, keyless access, parking stripes, electrician (power connection for fountains and keyless access), plumbing, landscaping (grass, trees and irrigation) and signage. Elapsed time from City Permit pulled until final City inspection passed was 6 weeks. Fundraising was completed, and a Grand Opening Ribbon Cutting event was held. Many dogs, dog owners and non-dog-owner residents attended, with treats for dogs and their guardians, and a volunteer photographer took wonderful pictures of all the fun.

TIPS TO ENSURE A

HAPPY COMMUNITY

ASSOCIATION

EXPERIENCE Compiled by Kenneth M. Budd 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.

Administration One-time registration requirements (rabies vaccination), payment of a modest one-time registration fee and annual Kennel Club dues are administered by HOA management. Park rules and regulations developed by the committee are also administered by the HOA office, as well as maintenance of the park. The annual budget is managed from its own separate account, and there are no assessments or HOA fee expenditures.

Bonus Benefits of Success Opening of the Rancho La Quinta Kennel Club resulted in many benefits, some unexpected. Not only are dogs exercising in a happy and healthy leash-free environment, but their owners are enjoying the social aspects of mingling with each other while their charges are at play. Written feedback has been received from realtors regarding the added curb appeal of such an amenity. Many new buyers have joined the Kennel Club after purchasing their homes, and the presence of this amenity can be a tie-breaker when making that final decision. In addition, the overall appearance of the community has improved due to the absence of ‘burn spots’ on lawns and common area grass, as well as reducing complaints of homeowners violating off-leash rules while walking their dogs within the community, and not being responsible about picking up after their dogs. All in all, happy homeowners AND happy dogs!

WORK WITH COMMITTEES 1

Define the committee's purpose.

2 Support the committee members.

3 Keep in touch with them.

4 Seek their opinion.

5 Ensure that they follow the rules of parliamentary procedure.

6 Give them clear objectives.

Additional resource committee members found useful: So You Want to Build a Dog Park? A Comprehensive Guide for Municipalities and Private Entities. From Susyn Stecchi, DogParksUSA, www.dogparksusa.org.

7 Give them clear deadlines.

8 Remember that committees provide recommendations, not solutions.

9 Offer them love, praise,

Barbara Clark is a member of the Rancho La Quinta community and was a key member of the Committee who oversaw the fundraising and development of the Kennel Club. Barbara can be reached by contacting the RLQ On-Site Association Staff at 760.777.8807.

and acceptance.

10 Reward them.

PE ARLS OF WISDOM CAI-CV.org

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FEATURE

People, Pets and Parking + Fair Housing Laws = A Pandora’s Box of Potential Legal Pitfalls

By Dea Franck, Esq.

S

ome residential community associations may at some point or another have a homeowner or tenant file or threaten to file a discrimination claim against them for violations of the federal Fair Housing Act or state anti-discrimination laws. Discrimination generally comes in two varieties: patent and latent. Patent discrimination is overt and obvious. Latent discrimination occurs when a seemingly neutral rule has the effect of discriminating against a protected group. Most residential community association board members are surprised to hear such neutral rules could open their association up to a discrimination claim. Board members may also be shocked to find that uniformly adhering to the governing documents will not always shield their association from claims that it violated fair housing laws.

California’s law defines “disability” more broadly than the FHA and includes physical or mental diseases, disorders, or conditions that limit one or more major life activity, including working. Some examples of a disability may include physical impairments involving speech, vision, hearing and mobility, autism, epilepsy, cancer, heart disease, diabetes, mental or emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

OVERVIEW OF FAIR HOUSING LAWS California residential community associations are subject to both the federal Fair Housing Act (“FHA”), the California Fair Employment and Housing Act (“FEHA”), and the California Unruh Civil Rights Act (“Unruh Act”). The FHA prohibits discrimination in housing against the following protected classes: race, color, religion, sex, national origin, familial status and disability. In addition to the classes protected under the FHA, the FEHA prohibits discrimination in housing on the basis of gender, gender identity, gender expression, sexual orientation, marital status, ancestry, source of income, or genetic information. Finally, the Unruh Act provides that all persons are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, including housing accommodations and prohibits discrimination against all of the protected classes covered by the FHA and FEHA. In our experience, most residential community associations that run afoul of these fair housing laws do so by discriminating against residents based on familial status or disability.

“PEOPLE, PETS AND PARKING, OH MY” – DISCRIMINATION BASED ON DISABILITY The FHA and California fair housing laws prohibit housing providers, including residential community associations, from discriminating against residents because of their disability or the disability of anyone with whom a resident is associated.

Two types of disability discrimination that residential community associations must be aware of are the failure to (1) make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy the community or (2) to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises. Be aware that a person with a disability could require either a reasonable accommodation or a reasonable modification, or both, in order to have an equal opportunity to use and enjoy the association community.

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FEATURE Residential community associations must grant a request for a reasonable accommodation and/or modification if there is an identifiable relationship or nexus between the requested accommodation/modification and the person’s disability related needs. If the disability related need for the requested accommodation/modification is obvious, then the residential community association is prohibited from making further inquiries or requiring further proof from a person requesting the accommodation/modification. However, if the connection between the disability related need and the requested accommodation/modification is not obvious, then the residential community association may ask for evidence to support the request. The request for a reasonable accommodation/ modification must be made by or on behalf of a person with a disability. Moreover, the accommodation/modification must be reasonable. An accommodation is unreasonable if it would impose an undue financial and administrative burden on the association or it would alter the nature of the association’s operations.

apply to them. However, assistance animals cannot run wild (pun intended) in a community. For example, if an assistance animal is dangerous/vicious (i.e. the assistance animal poses a direct threat of harm to others or their property), a residential community association can require that the assistance animal be removed from the community. In order to determine whether an assistance animal poses a direct threat, a board of directors must make an individualized assessment of the animal based upon objective evidence about the specific animal’s actual conduct — not on mere speculation or fear about the types of harm or damage an assistance animal may cause and not on evidence about harm or damage that other animals, specifically breeds of animals have caused.

PARKING SPACES Requests for reasonable accommodations/modifications for parking are also quite common. For example, a residential community association has parking spaces that are available to residents on a first come, first served basis. A resident of that association who has an obvious mobility impairment requests that a parking space close to his unit be assigned to him. There are plenty of available parking spaces near that resident’s unit. Therefore, that association may have an obligation to make an exception to its first come, first served parking policy as a reasonable accommodation and provide an assigned space to this resident.

ARCHITECTURAL MODIFICATIONS Reasonable modifications (i.e. changes to a building structure or premises to reasonably accommodate a disability) may need to be made to the interior of a residence as well as to common use areas. Examples of reasonable modifications

PETS VS. ASSISTANCE ANIMALS A very common reasonable accommodation request is for an assistance animal. Assistance animals are animals that work, provide assistance, or perform tasks for the benefit of a person with a disability, or provide emotional support that alleviates one or more identified symptoms or effects of a person's disability. Assistance animals are not required to be trained or certified nor must they be a dog. Assistance iguana, anyone?

Many residential community associations have provisions in their governing documents that limit the number of pets a resident can keep in the community or that prohibit pets from being in certain common areas, such as the recreational facilities. Assistance animals are not pets, so a residential community association’s use provisions regarding pets do not

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FEATURE CHILDREN ARE PEOPLE TOO – DISCRIMINATION BASED ON FAMILIAL STATUS Under the FHA, discrimination on the basis of “familial status” occurs when there is discrimination against a person under the age of 18 who is domiciled with a parent, a legal guardian, or a person having custody of the child with the written permission of the parent or guardian. (42 USC §3602(k)) The only residential community associations that can discriminate based on familial status are those that qualify as senior citizen communities under the California Civil Code.

Discrimination based on familial status most often arises in the context of a residential community association’s governing documents and restrictions that specifically target children.

For example, a rule that establishes an “adults only” swimming pool is patent discrimination and, therefore, a violation of fair housing laws. An example of possible latent discrimination would be if a residential community association adopted a rule which states that “no one may use a skateboard, skates, or rollerblades in the common area.” An argument could be made that this rule discriminates against children because the objects identified in this rule are generally associated with and used by children rather than adults. The existence of such a rule, even if it is not enforced, could be perceived as discouraging persons with children from living in the community and, therefore, is discrimination based on familial status.

CONCLUSION

are installing grab bars in the bathroom of a condominium, installing a ramp outside the building in the common area, or installing a pool lift to the common area pool. While a residential community association must permit a reasonable modification if requested, the resident is responsible for paying the cost of the modification. The upkeep and maintenance of the reasonable modification is a little less cut and dry. If the modification is used solely by the disabled person, then that person is responsible for its upkeep and maintenance.

However, if a modification is made to a common area that is normally maintained by the residential community association, then the residential community association is responsible for the upkeep and maintenance of the modification. If a modification is made to a common area that is not normally maintained by the residential community association, then the residential community association has no maintenance or upkeep responsibility for that modification.

When it comes to fair housing laws, the most common issues that residential community associations must grapple with are people, pets and parking. To adequately explore such a broad topic would require more than just this article. Therefore, seeking the advice of your association’s legal counsel is always advised if your residential community association is ever faced with a discrimination claim or the threat of one, if you have questions regarding the language of your governing documents, or if a resident requests an accommodation or modification because of a disability.

Dea Franck is an associate attorney at Epsten Grinnell & Howell, APC’s Coachella Valley office.

With offices in the Coachella Valley, San Diego and the Inland Empire, Epsten Grinnell & Howell provides common interest developments with corporate counsel, rapid assessment recovery services, construction defect and other civil litigation counsel, interpretation of fair housing issues and alternative dispute resolution assistance.

You can reach Dea at (760) 836-1036 or dfranck@epsten.com.

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Quorum August, 2016

TRENDING NOW

S

tarted in 2013 as an April Fools' Day prank by Google called the Pokémon Challenge, the fake competition was to find 150 Pokémon hidden in real world locations.

The competition was a huge success and evolved into Pokémon Go that was launched July 6, 2016, by Nintendo and Niantic and has become one of the hottest video games worldwide, popular with both teens and adults. By using Google maps and your phone’s GPS you are able to see the game on your phone's screen, mixing reality with game objects, better known as augmented reality. Your character moves in the game as you walk around, enticing you to be physically active. The game also measures your steps, which can help you hatch new Pokémon.

There are no instructions for Pokémon Go, but if you watch the YouTube video, How To Play Pokémon Go! The Basics Explained In 4 Minutes, you can get a clear and concise understanding of the game.

As you walk around with the game App open, the Pokémon appear randomly. You may also notice certain Pokémon can be found near related locations – for example, fire Pokémon can be found near gas stations, grass Pokémon in parks, and ghost Pokémon after dark.

The more Pokémon you catch; the more experience you score as a Trainer.

You score more experience when you rack up free items at PokéStops – Razz Berrys, Poké Balls, Incense, Lucky Eggs, and Lures. PokéStops are associated with specific locations (monuments) in the physical world. You also score more experience when you evolve your Pokémon. Once you've accumulated enough experience points to reach Level 5, you can train your Pokémon at the nearest Gym, marked by a laser tower on your App map. The Gym will usually

The Pokemon Go Phenomenon By Antoinette Hamilton be found near a local landmark. At the Gym, you can score experience and prestige by battling other Trainers. At Level 5, you will be asked to join one of three teams. When you arrive at the Gym, you can see what team is leading. Through battles, you can help your team become the leader. Come by the CAI-CV office and we’ll show you a Pokémon Gym just outside our doors

Safety Considerations • Don’t forget to look where you are going at all times Be aware of your surroundings particularly at night Be safe by walking in groups Do not drive while playing No need to keep watching your phone as it will vibrate whenever there is a Pokémon close by Don’t enter private property • Be vigilant of your children playing Pokémon, so they are not lured into an unsafe situation • Make sure you use the official App and be cautious of hackers Create a separate Google account specifically for the Pokémon Go game

If you have a PokéStop near your place of business, you can purchase a “Lure Module” that will attract Pokémon for 30 minutes and is visible to everyone playing in the nearby vicinity. This feature has been used by creative marketing people to increase foot traffic to their business. You can also post your “Lure” plans on Facebook beforehand so players know ahead of time when and where they can catch a bunch of Pokémon!

With Back to School, Halloween, Thanksgiving and Christmas around the corner, expect to see Pokémon Go clothing, accessories and wearable technology. Retailers are also expecting increased foot traffic in shopping malls and an uptick in department store sales.

Check it out – it’s a great way to get the family off the couch.

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

• This game uses a lot of data on your phone and you may see additional charges on your bill

How To Use Pokemon Go To Increase Your Business Some stores have kicked customers out who were there for Pokémon Go with no intention of purchasing from the store. However, more and more stores seem eager to monetize their increased foot traffic. McDonald's, for example, was among the first brands to sponsor the game as PokéStops.

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EVENTS

CAI Coachella Valley presents

IS THE WORD

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Quorum August, 2016

EVENTS GRAND PRIZE SPONSOR Epsten Grinnell & Howell

LANE SPONSORS Accurate Leak Located Artistic Maintenance Asphalt MD’s Associa Desert Resort Management Conserve LandCare EmpireWorks Flood Response Frazier Pest Control G4S Secure Solutions NPG Nelson Paving Pacific Western Bank Prendiville Insurance Agency PrimeCo Roof Asset Management S.B.S Lien Services SCT Reserve Consultants Seacoast Commerce Bank Sunshine Landscape Three Phase Electric Vintage Associates Western Pacific Roofing

STRIKE SPONSOR Pacific Western Bank

BAR SPONSORS Dunn- Edwards Corp Fiore Racobs & Powers Painting Unlimited

FOOD SPONSOR CBCI Construction

SCHOLARSHIP SPONSOR Universal Protection Services

DESSERT SPONSOR ServPro of Palm Springs/Indian Wells Team with Highest Score: Flood Response Team 1 Todd Trask, Tony Odom, Charles Walters Clark, and Dennis Byerly

LANE ASSIGNMENT SPONSORS LaBarre/Oksnee Insurance Agency Pacific Western Bank U.S. Security Association United Paving Vista Paint Corporation

Team with Lowest Score: Pacific Western Bank Team 2 Cheryl Wombol, Sarah Reichenbach, Kavita Shaw, and Larry Cloud

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EVENTS

CAI-CV Annual Bowling Tournament

By John Walters-Clark and Micha Ballesteros

IS THE WORD On Friday, June 24th at Palm Springs Lanes, “Grease - was DEFINITELY the Word.” The CAI-CV Bowling Event was once again a huge success as CAI-CV celebrated with a theme based on one of the most beloved musicals in film history, GREASE. Managers, business partners, volunteers and spectators came dressed as their favorite character from the movie. T-Birds, Pink Ladies, Greasers, Danny, Sandy, Rizzo, Kenickie, and members dressed in Poodle skirts were on the scene to show off their “GREASE” spirit.

A real treat for all who attended was our surprise guest, Mr. Neil A. Machlis, one of the actual producers of the movie GREASE. Mr. Machlis is a local resident of one of our association members and was invited to attend by the Bowling Committee. He shared with the enthused crowd his personal experiences and little known facts about working on the 1978 production. In addition to Grease, Mr. Machlis is widely known for his work on The Birdcage (1996) and Planes, Trains & Automobiles (1987).

New this year, the Bowling Committee changed the tournament to actual league play. Three games were played by each team and at the end of the third game, points were tallied to give us our first place team.

Congratulations Flood Response! The Committee also added a “No-Tap” tournament, which means if a bowler got nine pins down with their first ball, it was considered a strike. This was a big hit and there were lots of strikes.

The Original Taco Girls catered the tasty food with a 50’s Drive-in theme.

Mini corn dogs, cheeseburger sliders, chicken biscuits & fries, pizza, popcorn and snow cones were a big hit. The 50’s theme cupcakes were amazing as well. Also new this year, there were games for spectators including pool and corn hole. The Grease themed photo booth was also a lot of fun.

The Committee’s choice of charity this year was to help our four-legged friends at several no-kill shelters in the Valley.

Bowlers and non-bowlers had a great time and enjoyed the new activities that kept them engaged during the tournament. Thank you to all our lane, game and food sponsors!

John Walters-Clark is the Chair of the Bowling Committee and District Manager of FAMD at Indian Wells Country Club for Associa Desert Resort Management. He can be reached at (760) 346-1162 or by email at JWaltersClark@drminternet.com. Micha Ballesteros is Co-Chair of the Bowling Committee and Operations Manager for Flood Response. Micha can be reached at (760) 343-3933 or by email at micha@floodresponse.com.

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CONTENTS

Advertisers ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP................................................... 2

VA

AMS PAVING.................................................................... 24

EY

20

1

COACHELLA

LL

ASPHALT

6

I CA

ASPHALT MD’S................................................................ 15 J. B. BOSTICK COMPANY................................................. 39 NPG NELSON PAVING...................................................... 32 UNITED PAVING................................................................. 2

ATTORNEYS FIORE RACOBS & POWERS................................................ 4 GREEN BRYANT & FRENCH, LLP...................................... 15

ID

AY

PETERS & FREEDMAN, LLP............................................... 6

BANKING MUTUAL OF OMAHA BANK.............................................. 37

CONSTRUCTION CBCI CONSTRUCTION...................................................... 38

ELECTRIC & WATER

01

LAW OFFICE OF PEGGY REDMON.................................... 19

6

FR

GURALNICK & GILLILAND, LLP.......................................... 2

, , O CTOBER 21

2

ATTENTION CAI MEMBERS – THERE’S A PARTY YOU WON’T WANT TO MISS AT THE RENAISSANCE RIGHT AFTER THE LEGAL FORUM! TICKETS ARE AVALABLE AT

C AI-C V.ORG OR C ALL 760-341-05 5 9

COACHELLA VALLEY WATER DISTRICT........................... 32

FURNITURE PATIO FURNITURE DOCTORS INC.................................... 38

INSURANCE SERVICES TIMOTHY CLINE INSURANCE AGENCY ............................. 3

LANDSCAPING CONSERVE LANDCARE.................................................... 38 PRO LANDSCAPEING INC................................................. 19 SUNSHINE LANDSCAPE..................................................... 6 WATERRITE - VINTAGE ASSOCIATES, INC....................... 32

PAVING STONES FARLEY INTERLOCKING PAVINGSTONES........................... 3

PEST CONTROL LLOYD PEST CONTROL.................................................... 28 POWERFUL PEST MANAGEMENT.................................... 38

POOL DECK RESURFACING

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POOL WATER PURIFICATION PURIFIED POOL WATER..................................................... 3

ROOFING WESTERN PACIFIC ROOFING........................................... 38

SECURITY ALLIED BARTON................................................................ 4 AMS SECURITY................................................................ 39

mutualofomahabank.com

SECURITAS........................................................................ 2

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EQUAL HOUSING

LENDER

37

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Quorum August, 2016

Answering the call for the ultimate in security services.

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L IT

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

CAI-CV UPCOMING EVENTS

GREEN IS FOR LOCAL EVENTS

SIGN UP AT WWW.CAI-CV.ORG AUGUST

OCTOBER

Manager on the Run (MOTR) (for managers) WHEN: Friday, August 12, 2016 WHERE: Flood Response, 72104 Corporate

CAI’s Common Interest Development Law Course (for all members) WHEN: Thursday, October 20, 2016 WHERE: Renaissance Indian Wells Resort

Way, Thousand Palms

CAI’s M201 Course (for managers) WHEN: Thursday & Friday, August 25 & 26, 2016 WHERE: Santa Ana

SEPTEMBER CAI’s M100 Course (for managers) WHEN: Thursday – Saturday, September 8 – 10, 2016 WHERE: Santa Ana

Educational Lunch & Mini Trade Show (for all members)

WHEN:

Friday, September 9, 2016, 11:15 AM Registration WHERE: Palm Valley Country Club, Palm Desert

CAI’s Large Scale Workshop (for managers) WHEN: Wednesday – Saturday, September 21-24, 2016 WHERE: Charleston, SC

CAI’s M203 Course (for managers) WHEN: Thursday – Friday, September 22-33, 2016

WHERE: Santa Ana CAI-CV’s Casino Night – Totally Awesome 80’s (for all members) WHEN: Friday, September 23, 2016 WHERE: Sun City, Palm Desert

& Spa, Indian Wells

CAI’s Statewide Legal Forum – California Communities (for all members) WHEN: Friday, October 21, 2016 WHERE: Renaissance Indian Wells Resort

CAI-CV’s Oktoberfest Celebration (for all members)

WHEN: Friday, October 21, 2016 – Immediately following the Legal Forum WHERE: Renaissance Indian Wells Resort & Spa, Indian Wells

& Spa, Indian Wells

E T DA

S HT ’ 80 IG E N E M O INO TH S E AS E W V M A NC A P Y S 0 L IO L 3 : T 9 TARA – O T EB M L P E PD 0 C

Y :3 5 T 6 I : 1 C E 0 2 N M / U 3 TI S /2 : 9 E : C E A T L A P D