Quorum October 2016

Page 1

OCTOBER 2016

Coachella Valley Community Associations Institute Magazine

The Lakes Country Club SECURITY

CO A

VERSA

ETTER COMM

IE

NI

GB

S

Y

2016

IT

IN

R

COM M U

35

N

IL

D

VA L

th

A

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

1981 BU

9 CAI-CV Elections 24 CVWD Division 2 – Palm Desert Election 32 California Propositions – Should Associations Adopt a Similar Process

E CH

Y LE

ELECTIONS

CIATIO ASSO NS TY IN NI L LA

TE ITU ST

17 Preparing for Emergencies: Security Teams Lead Planning Efforts 26 Gated Communities – Safety Takes Teamwork 30 Coachella Valley Burglaries

UN


We Save What You Pave. OverKote is designed to maintain and beautify paved services. It will extend the life of asphalt for years... protecting your investment and the value of your neighborhoods.

ASPHALT COATING FOR PROS DIVERSIFIED ASPHALT PRODUCTS

Southern California’s Leading Seal Coat Manufacturer 1227 NORTH OLIVE STREET • ANAHEIM, CA 92801 TOLL FREE: 855-OVERKOTE • 855-683-7568 www.DiversifiedAsphalt.com 2

Quorum October, 2016


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

www.securitas.com/us/en

AI-CVad.indd 1

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

CAI-CV.org 11/29/12 2:02 PM

facebook.com/CAICV

twitter.com/CAI_CV

3


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.

4

Quorum October, 2016


CONTENTS FEATURES

10

The Lakes Country Club By Susan Browne Rosenberg, EPB

17

Preparing for Emergencies: Security Teams Lead Planning Efforts By Tim Albert

26

Gated Communities – Safety Takes Teamwork By Michael Zach

30

10

Coachella Valley Burglaries By Richard Bradford and Kimberly Burnett

32

California Propositions – Should Associations Adopt a Similar Process?

CAI-CV 18 FINANCIAL UPDATE

17

By Adrian Adams, Esq. and Sue Anderson

SUSAN MARIE WEBER CHAPTER NEWS

CAI-CV Chapter New & Renewing Members

34 40

35 Years of Leadership Past CAI-CV Quorum Editors 1998 Chapter Upcoming Events

CHAPTER EVENTS

20

September 9th Lunch Program

28

Questions and Answers from "Ask the Attorney" By Christina Baine DeJardin, Esq.

36

Reserves... It's Complicated

28

36

30

32

34

CIATIO ASSO NS TY IN NI L LA

E CH

35

Y LE

1981

th

A

IL

NI

N

BU

D

IN

VA L

TE ITU ST

By James R. McCormick, Jr., Esq., CCAL

Q& A 2016

GB

VERSA

ETTER COMM

CAI-CV.org

S

By Susan Marie Weber

Y

CAI-CV Financial Update

26

IE

18

18

R

Programs Committee Gloria Kirkwood, PCAM By Erin H. Fujioka

IT

Meet the Chair

CO A

18

COM M U

9

UN

36

facebook.com/CAICV

twitter.com/CAI_CV

5


QUORUM COMMITTEE MEMBERS

pick the right tools for your next project.

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

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

PHYLLIS HARKINS, CMCA, AMS, CCAM BOARD LIAISON The Management Trust - Palm Desert

take that to the bank.

TIM ALBERT AlliedUniversal KIMBERLY BURNETT U. S. Security Associates

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

ALAN J. CARNEGIE, ESQ. Daniels, Fine, Israel, Schonbuch & Lebovits, LLP DEA FRANCK, ESQ. Epsten Grinnell & Howell, APC ERIN FUJIOKA G4S Secure Solutions, USA TIFFANY WRIGHT The Management Trust – Palm Desert

mutualofomahabank.com

Member FDIC Equal Housing Lender

AFN46055_0913

EQUAL HOUSING

LENDER

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. JENNIFER ZEIVEL, CMCA, AMS Associa / Desert Resort Management

A Full Service lAw Firm

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

Providing Practical Approaches in: CC&R Interpretation, Drafting and Enforcement

SUBSCRIBER SERVICES

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

6

Quorum October, 2016

For inquires contact Jeffrey French www.gbflawyers.com

| 760.346.9310

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


CONTENTS DEPARTMENTS

8 13

President’s Message Platinum Spotlight

Pacific Western Bank

14

Charity

"Paws & Hearts" Animal Assisted Therapy By Tiffany Goff

22

24

Water Wise

27

CVWD's New Monthly Fixed Rates Planned for November 1st Implementation By Heather Engel 33 CVWD Division 2 Palm Desert Election – Be Sure to Vote Tuesday, November 8, 2016 By Cal Lockett

35

Welcome Aboard Roof Asset Management Rob, Ron and Taylor Winkle By Erin Klink Lisa Glogow, CMCA, Powerstone Property Management By Erin Klink

Trending Now Mobile Apps By Antoinette Hamilton

13 22 14 24

24

24

27

35

COACHELLA

VA

20

EY

ID

AY

01

6

FR

The Oktoberfest Committee and the CAI-CV Board of Directors invite you to join your colleagues from eight CA chapters to celebrate CAI-CV's 35th Anniversary OKTOBERFEST, immediately following the Statewide Legal Forum at the Renaissance Indian Wells Resort & Spa. Tad Black, Past President & Chair of Oktoberfest Committee

6

I CA

LL

1

33

, , 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 AVAILABLE AT

CAI-CV.ORG OR CALL 760-341-0 559 CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

7


FROM THE CHAPTER

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

October is one of my favorite times of year. Everyone is excited about the change in weather, weekends are all about football and Halloween is just around the corner. Along with our change in weather, the CID industry is in full swing gearing up for snowbirds to arrive in November. With water restrictions lifted, the desert is transforming into one of the most beautiful places on earth. Elections are on all of our minds this month as we educate ourselves about the presidential candidates and the general election. Please see the article about the California initiatives on page 32. We hope all our members will participate in CAI-CV’s chapter elections that are managed by The Inspectors of Election. The chapter elections will be online and open for voting until Monday, October 24, 2016 at 5:00 p.m. The results will be announced at the chapter’s annual meeting on Wednesday, October 26, 2016 at the CAI-CV office. If you did not receive an election log-in name and password, please contact the CAI-CV office at 760-341-0559. Additionally, our members are following the CVWD Board elections that will take place as part of the general election on November 8th. Please see the article on page 24. In October, we have a Manager on the Run (MOTR) program scheduled for Friday, October 7, from 8:30 to 9:30 a.m. at Sunshine Landscape. The topic is Manager PROFESSIONALISM and our guest speaker is Associa Senior Executive Rob Felix. Our October Educational Program Lunch and Mini Trade Show will be about INSURANCE and our guest speaker is insurance expert and attorney Joel Meskin, Esq., CIRMS, CCAL, MLIS, Vice President of Community Association Insurance & Risk Management for the McGowan Program Administers. The lunch will be at Palm Valley Country Club and registration opens at 11:15 a.m. If you haven’t signed up for CAI’s Statewide Legal Forum, it’s not too late. Our chapter is hosting the Legal Forum this year for all eight California CAI chapters on Friday, October 21, at the Renaissance Indian Wells Resort and Spa. It is a great honor for our area to be selected for this event. 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 of $192 and a $50 resort credit for attendees who want to stay Friday and Saturday nights. Sponsorships for Oktoberfest are still available. More information is available at the CAI-CV website, WWW.CAI-CV.ORG. I want to encourage all our members to take advantage of Halloween this year to get to know your neighbors. Take a few minutes to learn who lives in the homes on your street – the first step in building better communities is building relationships. You never know when you’ll need a helping hand from a neighbor. October is National Apple, Caramel, Pizza, Popcorn Poppin and Pretzel Month! Have fun!

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

8

Quorum October, 2016

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


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 Lloyd Pest Control 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 RENEWING BUSINESS PARTNERS BRABO & CARLSEN, LLP Wayne Carlsen (760) 320-0848 wayne@brabo-carlsen.com

PALM DESERT RESORTS Sherry Arnswald (760) 345-1954 sherry@pdrcc.org

CTI OF THE DESERT Bill Cooper (760) 324-3033 marcon@dc.rr.com

PALM DESERT TENNIS CLUB OWNERS ASSOCIATION Ken Kuperstein (760) 346-5683 clubmanager@palmdeserttennisclub.com

DESERT CITIES INDOOR AIR, LLC Susan Rosenberg (760) 902-2545 sbriaq@gmail.com

PALM SPRINGS MANAGEMENT GROUP Philip Allen (760) 325-9503 phil@palmspringsmgmt.com

FLANDERS PAINTING Gary Flanders (760) 341-4345 gary@flanderspainting.com

POWERSTONE PROPERTY MANAGEMENT Lisa Glogow (760) 469-4315 lglogow@powerstonepm.com

GURALNICK, GILLILAND & KNOGHTEN, LLP Cynthia Van Lizzen (760) 340-1515 cynthiav@gghoalaw.com MARTIN SWEEPING/PRESSURE WASHING Curtis Oldenkamp (760) 200-9510 curtis@martinsweeping.com PAUL DAVIS RESTORATION AND REMODELING Scott Johnson (760) 360-1855 sjohnson@pdr-usa.net NEW MANAGER MEMBERSHIPS THE GAFFNEY GROUP Meaghan Gaffney-Howe (760) 327-0301 meaghan@thegaffneygroup.net RENEWING MANAGER MEMBERSHIPS REBECCA GARRETT (760) 777-8807 Ext. 1 fourgarrett@hotmail.com ALBERT MANAGEMENT CORPORATION Jacqueline Wright (760) 346-9778 Jacqueline.wright@albertmgt.com Larry Pfander (818) 988-9569 larry.pfander@albertmgt.com ASSOCIA DESERT RESORT MANAGEMENT Mark Dodge (760) 346-1161 mdodge@drminternet.com Samuel Rodriguez (760) 346-1161 srodriguez@drminternet.com

NEW MULTI-CHAPTER BUSINESS PARTNERS PATIO PRODUCTS USA Jillian Steele (951) 588-3442 jillian.steele@patioproductsusa.com RENEWING MULTI-CHAPTER BUSINESS PARTNERS AMERICAN TECHNOLOGIES, INC. Cindy Helmstead (951) 682-9200 cindyhelmstead@atirestoration.com BEN'S ASPHALT & SEAL COATING John Skeffington (714) 231-0100 teri@bensasphalt.com LABARRE/OKSNEE INSURANCE AGENCY, INC. Carol Fulton (760) 346-7251 Ext. 264 carolf@hoa-insurance.com

NEW VOLUNTEER LEADERS BANNING ESTATES HOMEOWNERS ASSOCIATION Tim Antista Allan Callison Linda Ellis Gail Johnson Kathleen Murphy MOUNTAIN VILLAS OWNERS ASSOCIATION Lisa Olson RENEWING VOLUNTEER LEADERS Michael Traidman CASABLANCA OWNERS ASSOCIATION Gail Christiansen Lindsey Griffith Dorothy Saulnier COURTYARDS AT DESERT FALLS Kathy Coplen Greg Vaka HIGHLAND SPRINGS COUNTRY CLUB HOMEOWNERS ASSOCIATION John Novak Rhea Weber JACK IVEY RANCH HOMEOWNERS ASSOCIATION Dee Ingram John Lotz Barbara Smith PALM DESERT COUNTRY CLUB HOMEOWNERS ASSOCIATION Ron Crisp John Evans Kathleen O'Brien James Olsen Anegla Sacco Josanne Smith RANCHO MIRAGE RACQUET CLUB Brett Brown Jacqueline Harth

LIFTMASTER Debbie Matuszak (630) 279-3600 debbie.matuszak@chamberlain.com

REMEMBER TO VOTE ONLINE FOR CAI-CV DIRECTORS

PAINTING UNLIMITED, INC. Jackie Fromdahl (714) 380-9796 jackie@paintingunlimited-inc.com PRENDIVILLE INSURANCE AGENCY Matthew Lawton (760) 770-5868 Matt@PrendivilleAgency.com NATIONAL CORPORATE MEMBERSHIP MCGOWAN PROGRAM ADMINISTRATORS Kate Medve (440) 333-6300 kmedve@mcgowanprograms.com

CAI-CV.org

CALL CAI-CV FOR VOTING INFORMATION Election results will be announced at the CAI-CV Annual Meeting, Wednesday, October 26, 2016 at the CAI-CV office at 3:00 p.m.

facebook.com/CAICV

twitter.com/CAI_CV

9


FEATURE

The Lakes Country Club “Loving Life at the Lakes” By Susan Browne Rosenberg, EPB

T

he Lakes Country Club is a private gated community situated on 375 acres in the Coachella Valley, constructed by Sunrise Company in 1982. Overlooking the majestic Santa Rosa Mountains, their 50,000 sq. ft. clubhouse provides high quality dining and social events in the Mountain View Room and Santa Fe Grill, averaging $1.8 million annually in food and beverage sales. Beautifully landscaped, The Lakes community consists of 902 condominium homes, each with a unique golf course or stunning lake view. Single story homes range in size from one to five bedrooms, all with large open floor plans and living rooms overlooking lakes or golf course with mountain views, varying in size from 1,358 to 4,500 sq. ft., and ranging from $300K to $900K with an average price of $300K to $400K. The Board of Directors and management team are proud of their long term sustainability efforts such as cutting back 10% on water usage on the property using only reclaimed water for exterior landscaping. Solar panels installation most recently took place on the clubhouse resulting in a significant electricity

10

Quorum October, 2016

savings. They are also proud to report that their Director of Operations, Jim Schmid, is currently running for a seat on the Coachella Valley Water District Board; his election would give HOAs and country clubs a seat on the Board. The Lakes provides security staff protection 24/7, controlling the entrance gate and regularly patrolling the community. Security cameras are located throughout the club and alarm systems in each home are monitored by security personnel. Newly onboard is their Director of Communications, Leslie Benjamin, who has strategically worked on their marketing plan with a website redesign and updates to their social media platform. Currently, they are developing an app to give members the convenience and ability to register for events, view the

”The Lakes provides security staff protection 24/7 controlling the entrance gate and regularly patrolling the community.”

member roster or make dinner reservations through the use of their smart phone. For the first time in their history, The Lakes Country Club has offered membership to a limited number of nonresidents. With monthly dues economically priced, non-resident golf members are also eligible for a two-year initiation deferment. This membership allows for unlimited playing privileges with full use of golf fleet carts. Panoramic splendor best describes this spectacular Ted Robinson designed 27-hole championship golf course, with Mr. Robinson himself having lived at The Lakes for over a decade. True to its name, The Lakes courses bring water into play on nearly every hole. The Lakes golf shop is one of the top three largest golf shops in the Valley, averaging over half a million


FEATURE

in revenue and a two-time award winner of Merchandiser of the Year. Dramatic park-like grounds surround 11 championship tennis courts consisting of nine with hard surfaces and two with clay. Eight are equipped with lighting for play in the desert's picturesque crisp, cool evenings. There are nine pickleball courts as well as two paddle tennis courts. Their spectacular Racquet Center overlooks a lavishly landscaped stadium court and is well-stocked with the latest apparel and equipment. The 2016 US Open Pickleball Champion, Marcin Roxpedski works hard to bring pickleball to the community. The Lakes Pickleball Club has over 100 members and many organized matches. Pickleball is a huge success with a tremendous turn out, bringing in many new members to the Club. The grounds consist of flourishing green lawns, mature shade and ornamental trees, accented with desert flowers and attractively landscaped street scenes, all carefully integrated into the dominant landscape theme of golf course, lakes and waterfalls. The 5,000 sq. ft. Fitness Center and

Spa was constructed in 1997, and fully renovated in 2014. The Spa carefully selected the top therapists with 500+ hours of training and experience in their specialties, having worked with physicians, chiropractors and physical therapists to guarantee safety, quality of treatment and satisfaction. Members and their guests can choose from a variety of massage treatments, facials and wellness packages. A defining characteristic of the Club is The Lakes lifestyle with a significant sense of community expressed through a busy, diverse, social and recreational calendar. The social calendar lists many events, from the President’s Ball to an annually themed season farewell. The Lakes offers its members endless evenings of live entertainment, dinner dances and holiday events. The Annual Fashion Show and Luncheon, art classes, Ladies’ and Men’s Golf Associations, Bocce Ball, Bowling League, Putters Club, Fishing Club, Book Club and an active Wine Society fosters camaraderie for members and their guests. Card games and game nights are popular at The Lakes. Members regularly engage in CAI-CV.org

bridge, mahjong, canasta and other recreational experiences in an inviting and comfortable environment. An extensive lending library is stocked with puzzles, games, an assortment of books and two business stations with computers and Wi-Fi access to accommodate Lakes’ members. The Lakes Country Club is memberowned and managed by the homeowners through The Lakes Country Club Association, Inc. Management is vested in a nine-member Board of Directors elected by the homeowners with nearly a dozen active committees. Board President Bob Baldwin says “Our greatest asset is our homeowners. They create the positive atmosphere found at The Lakes. Our committee structure is dependent on volunteers, our homeowners, who put in countless hours to support the operations and governance so vital to our success.” The board oversees all operations, which are conducted by a highly professional staff under the direction of the General Manager/Chief Operating Officer, Frank J. Melón, CMCA, CCAM, RPA, CEM, having joined the

facebook.com/CAICV

twitter.com/CAI_CV

11


FEATURE

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 Board President Bob Baldwin says “our greatest asset is our homeowners. They create the positive atmosphere found at The Lakes. Our committee structure is dependent on volunteers, our homeowners, who put in countless hours to support the operations and governance so vital to our success.”

management team in January 2016. After managing Marrakesh Country Club for two years and 30 years of experience working in club communities throughout California. He expresses enjoyment working for a “bundled community” in which the HOA, golf course, clubhouse, security and restaurants are all under one umbrella working for a common goal. Mr. Melón states “The Lakes control their own destiny” and are implementing landscape and golf course master plans and an overall long range strategic plan called “The Lakes 2020, A Clear Vision for the Future.” Residents at The Lakes Country Club were actively involved with CAI-CV’s CVWD grassroots campaign. According to GM Melón, “We join many Valley associations with concerns about the Coachella Valley Water District (CVWD) election on November 8, 2016. The Palm Desert area (District 2) board seat could have a strong influence on future water rate decisions. The CVWD Board already has grower representatives that will remain on the Board. With this election, the Board could have three growers out of a five-member Board. Many Valley HOAs are hoping to have HOA representation on the CVWD Board and our Director of Operations at The Lakes Country Club, Jim Schmid, understands the intricacies of the HOA industry and would be a voice for associations throughout the Valley.” Susan Browne Rosenberg, CIH, CIEC, CHMM, and CAI EBP, is President and Co-owner of Desert Cities Indoor Air, LLC in Palm Desert, CA. Her company assists HOAs in assessing the extent of water damage and mold contamination. She can be reached at 760-902-2545 or sbriaq@gmail.com. 12

Quorum October, 2016

• Litigation – Enforcement & Defense • Construction Defect / Reconstruction • Contract Negotiation San Diego Area: 760.436.3441 Coachella Valley: 760.773.4463 Orange County: 949.390.2977 www.hoalaw.com

mail@hoalaw.com

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

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

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

Phone: 760- 343-0162 • Fax: 760-343-4804 P.O. BOX 265 Thousand Palms CA 92276 Email: office@proland-inc.com

www.prolandscapingca.com


CAI-CV

2016 PLATINUM SPONSOR SPOTLIGHT

Pacific Western Bank has been a long-standing Multiple Chapter Member of CAI and we are thrilled to partner with the other members of the Coachella Valley chapter. Pacific Western Bank counts thousands of HOA customers and over 50 management companies in California among our clients. Because of this, we understand the needs and challenges facing you and offer financing and deposit solutions to simplify what can be a complex process. To serve our property management and community association clients, Pacific Western Bank has several HOA divisions serving geographical areas. In the Coachella Valley, our HOA client base is supported by a dedicated department located in our Yucca Valley office. This highly trained team provides general support for the specialized needs of the HOA industry including:

DEPOSIT SOLUTIONS

• • • • •

Online Dues Payment Remote Deposit Zero Balance Accounts Grouped Account Analysis (3rd Party Invoices) Lockbox services

LENDING SOLUTIONS

• • • • •

Major repairs Common area improvements Interim financing Land lease buyouts Reserve replenishments

Additionally, our HOA loan professionals are familiar with the pre-payment process of special assessments. Our loans incorporate a method which allows for application of these pre-payments and re-amortizing the new loan balance to match the new assessment receivable income stream at no additional cost. Pacific Western Bank is a wholly-owned subsidiary of PacWest Bancorp (NASDAQ: PACW). Learn what we can do for you. Erin Klink, HOA Client Services Officer Robert Anzalone, Vice President, Loan Officer 760.324.4914 760.862.6506 eklink@pacificwesternbank.com ranzalone@pacificwesternbank.com

Thank you to Pacific Western Bank® for their generous support of CAI-CV CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

13


CHARITY

“Paws & Hearts” Animal Assisted Therapy By Tiffany Goff

WHAT A DIFFERENCE A VISIT FROM A THERAPY DOG CAN MAKE! The desert is home to more long-term care facilities than any other U.S. city with the exception of Miami. Think about how much your dog means to you and the comfort and companionship he/she shares with you 24/7. Now think ahead to the time when perhaps you are a resident of a long-term care facility and unable to take care of a dog or cat and all you want is the chance to visit with a furry four-legged friend. Enter a Canine Ambassador from “Paws & Hearts” Animal Assisted Therapy. This local nonprofit charity has been serving the Coachella Valley for 16 years. Its service animals have been visiting area hospitals, including Desert Regional Medical Center and Eisenhower, and the cancer centers at both hospitals. They also visit long-term care facilities from Palm Springs to Indio. Each week, a trained therapy dog, wearing the charity’s signature red bandana and accompanied by a handler, visits an assigned facility to spread goodwill to residents and patients. Many of these residents are no longer able to care for a dog or cat and are missing the unconditional love that only a four-legged healer can provide. The Canine Ambassadors with “Paws & Hearts” have been temperament tested and their handlers trained in the technique of performing a therapy visit. They know how to approach a patient in bed, how to introduce the therapy dog, and they always inquire if the dog (depending on size) 14

Quorum January, 2015

is invited on the bed. For the dogs doing this work, it really is a labor of love. Dogs are great healers by nature if given the opportunity. The organization has dogs of all sizes and breeds (with the exception of Chows and Pit Bulls). It is each dog’s weekly mission to make the patients feel better, whether that entails having a Golden Retriever slide her head up on the bed or a small terrier-mix up on the bed for a few big hugs. When the volunteers hear comments like, “you’ve made my day” and “I waited all week to see you” or “just leave the dog here and come back in an hour,” it’s clear that a very pleasant exchange has taken place. The patients also have a chance to reminisce about the dogs and cats they have owned. So many residents and patients wait anxiously all week for their visit! For patients visited in institutionalized settings, it is known that a visit from a therapy dog can lower blood pressure and reduce feelings of isolation. Just the process of stroking or petting a dog releases cortisol, eliciting positive, happy


CHARITY feelings. Hundreds of thank you cards and notes have been received over the 16 years. Many thank the charity and handlers and most actually thank the dogs by name. This sounds like such a simple thing, but it is so much more than that! “Paws & Hearts” was founded by Lucky Waxman, a little poodle-terrier mix, and his dad, Richard Waxman. Scruffy came along a few years later, and then Maddie showed up. Both Lucky and Scruffy have passed and have gone to the "Rainbow Bridge." Maddie, the adorable 4-year old terrier mix is the current mascot of the organization. There are currently 40 volunteer teams out in the community providing therapy visits on a weekly basis. All of this is done on a very modest budget with local support from the community. The “Paws & Hearts” 16th Annual Dog Walk-Fundraiser will be Saturday, November

26th, and is the one time of the year they ask local residents to come out and support their work. This year’s walk is in memory of Scruffy who passed away on June 9th. You don’t have to bring a dog to attend the walk, but if you do, even better. All donations raised go directly to provide more services to Valley residents. The Walk will be at the Westin Mission Hills Golf Resort & Spa in Rancho Mirage. Pledge sheets and information about the walk can be obtained by visiting their website, www. pawsandhearts.org. “Paws & Hearts” is always looking for more Canine Ambassadors. Please check out their website and Facebook page and give them a call. They are always thrilled to temperament test new dogs! Their office is located at 74854 Velie Way, Suite 7, Palm Desert 92260, and their phone number is (760) 836-1406. If you are interested in making a donation, their Federal Tax ID is 91-2096569.

“You’ve made my day!” Tiffany Goff has been in the industry for 12 years, based here in the Coachella Valley. She is currently working at The Management Trust and can be reached at tiffany.wright@managementtrust.com or by phone at (760) 863-2399.

SAVE THE DATE For the “Paws & Hearts” 16th Annual Dog Walk-Fundraiser

Date: Saturday, November 26th, 2016 Time: Registration begins at 9am. Walk at 10am Place: The Westin Mission Hills Golf Resort & Spa For information please call: (760) 836-1406

www.pawsandhearts.org www.facebook.com/pawsandheartsor CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

15


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

Better reporting...

7/24 online portal...

...No headaches

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

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

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

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

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

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

MEMBER

1-760-744-3030 16

Quorum October, 2016

BADNEWSFORBUGS.COM


FEATURE

Preparing for Emergencies: Security Teams Lead Planning Efforts By Tim Albert

C

ommunity managers need to be proactive about emergency preparedness. While the unexpected can happen anywhere, the need for advanced planning is even more critical in residential communities and complexes because of the potential for large numbers of people to be impacted. An emergency preparedness resource that knows your property well, understands your culture and operations, and is trained in preparedness, is your security team. Whether you have a comprehensive plan and need assistance with training and drills, or need to develop a plan, there are many points to consider: • Scenarios – The unexpected, the unheard of, the “it could never happen here” – all should be considered in the development of emergency plans. • Training – Both classroom and situational training are important to help those responsible for executing the plan to become knowledgeable, confident and prepared. • Physical Drills – Bring plans to life with physical drills involving board members, community leaders, tenants, and all service providers. A well-trained security team can help facilitate these drills. • Education – Develop a training guide for residents that reviews floor plans, evacuation routes and other factors such as fire extinguisher locations. This should be updated to keep pace with changes to the property.

• Coordination – Community managers need to recognize that residents might have their own plans. Those residents should be applauded for their efforts but everyone needs to coordinate plans to ensure safety and eliminate confusion. • Communication – Emergency plans should also be shared with local authorities to help ensure smooth execution in an emergency. Your security team will likely already have relationships with local emergency services and can serve as a liaison. Preparedness plans must be customized to the community, location and residents. Plans must be practiced and updated regularly as residents, the surrounding environment and threats change. Your security team can coordinate efforts, to help ensure that all stakeholders and scenarios are considered, and help you prepare for the unexpected. For more on emergency preparedness, access online resources in our Security Resource Center at www.aus.com/ security-services/resources/best practices. Tim Albert is a Business Development Manager for Allied Universal. Allied Universal, AUS.com, is a leading facility services company and the largest security force in North America. Tim can be reached at tim.albert@aus.com or by phone at 951-233-9476.

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

17


CAI-CV FINANCIAL UPDATE By Susan Marie Weber, Consultant for CAI-CV The CAI-CV Board of Directors has asked me to provide members with an annual update on the Chapter’s finances. I am happy to report that as of August 2016, the CAI-CV chapter is in excellent financial health and we expect that to remain true throughout the year. CAI-CV also has reserved six-months of operating expenses in a savings account as a safety net. Over the past year, we have been updating CAI-CV’s financial systems. Working with Ashley and Cal, we accomplished: 1. Refreshing procedures to comply with current accounting practices 2. Setting in place simple straightforward policies that ensure CAI-CV’s financial assets are protected 3. Setting up easy to follow accounting procedures for recording activity 4. Creating consistent reports for financials as well as committee reports CAI-CV is a nonprofit 501 (c) (6) corporation and certain financial information is available to CAI-CV members upon request. Please email me at susanmarieweber@earthlink.net or contact the CAI-CV office at (760) 341-0559 if you have questions about the Chapter’s finances. Susan Marie Webber is the owner of Management Essentials, an accounting and consulting firm, and is CAI-CV’s Outside Accountant. Susan Marie is a member of the Palm Desert City Council and past Mayor. Susan Marie can be reached at her business office at (760) 831-5416.

18

Quorum January, 2015

MEET THE COMMITTEE CHAIR GLORIA KIRKWOOD, PCAM, CHAIR, PROGRAMS COMMITTEE

By Erin H. Fujioka Gloria Kirkwood is chair of the Programs Committee and is responsible for CAI-CV’s nine Educational Luncheon Programs and Mini Trade Shows including the Legislative Update in November. Gloria was born in Canada where she was raised until the age of nine when her family moved to San Diego for a brief period before settling down in Santa Barbara. Gloria's and her husband David’s love story began in Santa Barbara where they wed in 1974. They moved to the Coachella Valley in 1976 to be closer to family. Prior to joining the community management industry, Gloria worked as a Registered Dental Assistant for 10 years. She often found herself in the front of the office wearing multiple hats, assisting with customer service, clerical work, and accounting duties. When Gloria and David decided it was time to expand their family, Gloria decided it was also time for her to seek a new career. She worked as the accountant for a contracting company and was the controller for three Sunrise Travel offices. Realizing that she enjoyed managing a team and having the ability to be diverse in her daily tasks, Gloria became a community manager with Desert Resort Management where she has been for the past 20 years. Gloria has been the active General Manager for Palm Valley Country Club for 17 years and couldn’t imagine calling anywhere else her home-away-from-home. Gloria graduated from Santa Barbara City College with an AA as well as her Vocational Certificate as a Dental Assistant. Gloria enjoys mentoring and teaching her staff, and watching them grow into their full potential. During her downtime, Gloria and her husband enjoy spending time with their three children and four grandchildren. They enjoy traveling together and, whenever possible, they travel to Europe where they enjoy spending time with Gloria’s cousins in Germany. Gloria enjoys listening to books on tape as a way to decompress and her true passion is making jewelry. The adventure of finding and assembling the right gems to achieve a beautiful finished product is where Gloria taps into her creativity. Gloria also currently serves as a Commissioner on the Palm Desert Public Safety Commission, where she is entering her 4th appointed three-year term. Throughout her time with CAI, Gloria has served on almost every committee with the exception of the Golf and Awards committees. She served as the Board president in 2010, received the President’s Award in 2009 and again in 2012, and was awarded Member of the Year in 2009, Manager of the Year in 2007, and received CAI-CV’s prestigious Life Time Achievement Award in 2011. In addition to serving as the Chair of the Programs Committee, she is Co-Chair of the Chapter’s Legislative Support Committee. Gloria currently holds CCAM, CMCA, AMS, and PCAM professional designations.


Y LE

th

IN

VERSA

ETTER COMM

S

R

Y

GB

IE

IL

NI

N

BU

A D

2016

IT

1981

VA L

35

CO A

COM M U

E CH

TE ITU ST

Reaching New Heights

CIATIO ASSO NS TY IN NI L LA

UN

A new program to grow our chapters membership. Recruit a new member and the person you recruit will be entered into a drawing that will be held at each of the luncheons in 2016. The recruiter can win a $50 gift card and the recruitee can win a $25 gift card. So make sure your names goes on the new members application as “recruited by” to be eligible for the luncheon drawings. AND at the end of the year the person with the most recruits will win a $200 gift card for dinner and tram ride on the Palm Springs Aerial Tram for “Reaching New Heights”.

Winners for September!

L IT

IN T EG R I T Y - S

E

J.B. BOSTICK COMPANY

S TO

INC

ON

IC E

CU

Y-

RV

QU A

So get out there and start recruiting…

New Member: Kathleen Murphy Banning Estates HOA Recruiter: Loni Peterson The Management Trust

M E R S AT I S FAC

TI

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

19


CHAPTER EVENTS

September 9th Lunch Program Reserves... It's Complicated (See article by James McCormick, Jr., Esq., CCAL on page 36.)

20

Quorum October, 2016


CHAPTER EVENTS

SPEAKERS CEO Dan Stites and James McCormick, Jr., Esq., CCAL

THANKS TO OUR PROGRAM SPONSORS PROGRAM SPONSORS Accurate Leak Locators Animal Pest Management Services, Inc. Asphalt MD's Association Reserves, Inc. BEHR & KILZ Paints & Primers Ben's Asphalt Blue Sky Landscape Corp. CBCI Construction Conserve LandCare EmpireWorks Epsten Grinnell & Howell, APC G4S Secure Solutions USA Horizon Lighting Mutual of Omaha Bank/CondoCerts Nissho of California Pacific Western Bank Painting Unlimited, Inc. Palm Springs Regional Association of Realtors PrimeCo Robert A. Owens, CPA Roof Asset Management, Inc. Seacoast Commerce Bank Sherwin-Williams Paint Company Silldorf & Levine Timothy Cline Insurance, Inc. United Paving Co.

MEDIA SPONSOR KESQ NEWS CHANNEL 3 ABC

SPOTLIGHT TABLE SPONSORS Artistic Maintenance, Inc. EmpireWorks

PEN SPONSOR Accurate Leak Locators

SCHOLARSHIP SPONSOR Pro Landscaping Inc.

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

21


WATER WISE

CVWD's New Monthly Fixed Rates Planned for November 1st Implementation By Heather Engel

T

he Coachella Valley Water District (CVWD) recently approved its first rate increase in six years. You may have noticed the volumetric rate increase (for water used) and a change to the way water budgets are calculated went into effect July 1, and were reflected on your bill beginning Aug. 1. Increases to the monthly fixed rate, or service charge, likely will go into effect Nov. 1. The board approved new rates in June following a four-month public education campaign and proposition 218 legal process that culminated with more than two hours of comments at a public hearing.

The board lowered the new fixed rates from what was originally proposed, and postponed the start date, primarily due to feedback from the Community Associations Institute. The changes are based on a comprehensive Cost of Service Study and national industry standards. Increases are necessary to offset reduced revenue from conservation, fund long-deferred maintenance and upgrades and help fund a $250 million project to comply with new, state mandated drinking water standards. To meet the recently changed drinking water standard involves a massive project that will include designing and building new treatment facilities 22

Quorum October, 2016

to remove naturally occurring chromium-6 from drinking water. While CVWD will be utilizing reserve funds and a state loan for this capital improvement project, increased rates are needed to help replenish the reserves, pay off the low-interest loan and fund the ongoing operation and maintenance of the new facilities. At its Sept. 27 meeting, the board reviewed a staff proposal that would have increased fixed rates for homeowners with a ¾” meter from $7 per month to $9.26 per month. For 1.5” landscape meters, which are common in homeowner associations, the fixed rate would have increased from $11.50 per month to $76.56 per month. The board directed staff to use the updated data to determine an even lower fixed rate increase that will meet the district’s financial needs without collecting excessive revenue. These new rates will be presented to the board during a public meeting in October and, if approved, are tentatively scheduled to go into effect Nov. 1. The Cost of Service Study recommended larger increases for landscape meters than homeowners to reflect the true cost of service. The fixed rates are designed to recover fixed costs associated with delivering a reliable supply of high quality water without interruption. These costs include operation and maintenance of nearly 100 wells and 2,000

Volumetric rates are based on the amount of water used. Water use within Tiers 1 & 2 is within your personalized water budget and charged a lower rate as an incentive. New rates went into effect for water use starting July 1 and were reflected in August bills. TIER

PREVIOUS RATE/CCF

NEW RATE/CCF

Tier 1 (Excellent)

$1.01

$.95

Tier 2 (Efficient)

$1.12

$1.32

Tier 3 (Inefficient)

$1.68

$2.46

Tier 4 (Excessive)

$2.24

$4.67

Tier 5 (Wasteful)

$4.48

$6.13

ccf = 100 cubic feet of water, or 748 gallons.

miles of pipes, as well as testing and treating the water. Based on the study, the board changed fixed rates from being based solely on meter size to also differentiating between type of customer. There are now separate fixed rates for meters servicing single-family, multi-family, commercial, fire protection and dedicated landscape accounts. CVWD and the other Coachella Valley water agencies continue to offer the lowest water rates in the state. Additional information about the water rate changes including details about the new rates for each customer class is available at www.cvwd.org/ ratechanges . Heather Engel is the Director of Communication & Conservation for the Coachella Valley Water District. She can be reached at hengel@cvwd.org or at (760) 398-2661.


760-250-6232

Peggy@PeggyRedmonLaw.com

Water Wise Tips For Coachella Valley residents

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

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

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

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

23


FEATURE

CVWD Division 2 Palm Desert Election – Be Sure to Vote Tuesday, November 8, 2016 By Cal Lockett

C

oachella Valley communities learned the importance of staying informed about water issues earlier this year when the CVWD Board proposed huge rate increases that could have placed some associations at financial risk. CAI-CV members generated nearly 3,000 letters of opposition. The CVWD Board subsequently agreed to reduce the rates and postpone their implementation to give associations time to adjust budgets and increase assessments if needed. At their October 2016 meeting, the CVWD Board postponed implementation again in light of unanticipated positive earnings. They have asked CVWD staff to see if rates could be lowered even further. The current CVWD Board has been responsive to associations, however, the make-up of the Board could change after the November election. The only contested seat on the CVWD Board is the representative for Division 2, which is primarily the area of Palm Desert. The seat is currently held by incumbent Ed Pack who is running for reelection. In addition, CAI-CV member Jim Schmid is running for the seat along with local Palm Desert residents, Anthony Bianco and Sergio Nunez. Quorum asked all the Division 2 candidates to respond to the following five questions. Ed Pack did not respond to our efforts to reach him about the questionnaire. Here are the answers we received in alphabetical order. Some answers were shortened by Quorum editors. CAI-CV wants to thank all of the candidates for their thoughtful responses.

QUESTION ONE: Please provide a brief bio about your experience and background that qualifies you to serve as a director of the CVWD Board.

24

Quorum October, 2016

ANTHONY BIANCO I have lived in the Coachella Valley my entire life, and I have a genuine desire to serve the community I love. I have long-term vested interest in serving the residents and businesses in the Coachella Valley. After graduating from Palm Desert High School, I graduated from Cal Poly San Luis Obispo where I majored in Agricultural Business. I am currently working as a farm manager growing organic and conventional grapes, dates, and citrus in the Coachella Valley. I understand water as your CVWD representative should – from a resident to a large water user. I not only represent the interests of residents, but I will also represent the interests of the community associations and golf communities. I am dedicated to conservation and my primary goal is to ensure we have highquality, reliable, and most importantly - affordable water for area residents, businesses and associations for generations to come.

SERGIO NUNEZ I lived all my life in the Coachella Valley and attended Indio High School and then College of the Desert. Finishing my education at UC Irvine with a major in Environmental Analysis and Design gives me the knowledge to make good decisions. I currently work with Colorado Groundwater Resource Services and help protect water quality. I seek to move our communities to a prosperous future where water is plentiful and affordable.

JIM SCHMID As Director of Operations at The Lakes Country Club in Palm Desert, I am responsible for water management and planning for the landscaping, pools, and lakes in our 902-unit development, as well as the 27

holes of golf owned by the association. Water management is my #1 responsibility. As a member of the CAI, an elected board member of both the Hilo Golf Course Superintendents Association and California Golf Course Superintendents Association, and a member of the Coachella Valley Golf and Water Task Force, I have the practical professional experience managing water and formal education in economics to best represent the residents of Division 2.

QUESTION T WO: What constituency best describes your water usage background: Agriculture, Association, Builder, Golf Club/Resort, Government/Municipality?

ANTHONY BIANCO My background and experience is well rounded—with real world working knowledge in water from a resident to large water user. The constituencies that best describes my background are Agriculture, Associations, and Golf Clubs.

SERGIO NUNEZ As a youth I enjoyed sitting at the edge of the fields listening and watching the water run by as date orchards were being irrigated. My extended family are farmers, but I myself now have only become a household consumer water user.

JIM SCHMID The constituencies I have the most experience with are associations and golf courses.

QUESTION THREE: If you have received campaign contributions of more than $5,000 from a single source, please let us know what constituencies they represent: Agriculture, Association, Builder, Golf Club/Resort, Government/Municipality?


FEATURE

Campaign contributions are public record and can be viewed at the County of Riverside, Registrar of Voters - http://nf4.netfile.com/ pub2/Default.aspx?aid=CTRIV; 11-8-2016 General Election; Candidates; Coachella Valley Water Dist. Division 2 Riverside. Highlight the candidate’s name and look for CA Form 497 2016.

ANTHONY BIANCO I have broad-based support and endorsements from a wide cross-section of area residents, businesses, and stakeholders including many that live inside the gates of various communities. Larger donations have come from the agriculture industry, golf course communities, and building industry.

SERGIO NUNEZ I'm not asking for campaign contributions and have not received any. What I would like is help in campaign sign placement within CAI communities; which I have 250 left over from my 2012 run.

JIM SCHMID I have not received any campaign contributions of more than $5,000 from any single source, but if anyone out there in the common interest development community wants to be the first, it’s not too late!

QUESTION FOUR: Associations are restricted by California law regarding how and when they can increase assessments to cover CVWD rate increases. Please explain what you would do as a CVWD board member to protect associations’ financial stability.

associations can increase assessments to cover costs. If elected I would fight to have any increases above the residential rate to be rolled back. I feel that the community associations are being targeted unfairly just because their meter happens to be larger than others. We should not punish community associations with increased fees. I also feel the one-size-fits-all conservation restrictions handed down from regional or state entities do not take into consideration our Valley’s unique demographics. Rather than “Robin Hooding” the associations, we can seek grants to help some of the less fortunate in our community. CVWD also has large cash reserves. I believe we should invest some of this money to assist residences, clubs, and associations to become even more efficient water users. I understand large water users, and I will work with the associations to ensure they are not penalized.

SERGIO NUNEZ I f lat out oppose rate increases!

JIM SCHMID The Board of Directors of the CVWD must commit to stability in rate increases moving forward, with as much advance notice as possible. The district has in the past opted to forego rate increases for many years in a row, only to wind up with large, unpredictable rate increases down the road. When rate increases are necessary, they should be forecast with as much notice as possible, and be maintained to more regular intervals, with smaller increases rather than large increases at irregular intervals. Even though rate increases are never pleasant, when they are necessary, they should be as consistent and predictable as possible, with as much advance notice as possible

ANTHONY BIANCO

QUESTION FI V E: If elected, what specifically would you do to engage the HOA/Club/Golf community to keep them informed, and to receive their input into the policy making process, and to help them as stakeholders to participate in the policymaking process?

ANTHONY BIANCO If elected, I will always be accessible to the HOA/CLUB/ GOLF community. I will be here to represent you and if you have questions, I will be at your service. I will also actively engage our HOA/Club/Golf communities by participating in CAI meetings, speaking engagements, and always listening and talking to area residents to better understand the needs of the HOA/Club/ Golf communities.

SERGIO NUNEZ I would make myself available every other month or as needed to attend CAI meetings. I would seek the guidance from the CAI community to develop counter points to rate increases or exceptionable compromises to an equitable agreement.

JIM SCHMID The CVWD has for years held meetings of their Joint Water Policy Advisory Committee, an advisory committee to the Board, which has had significant impact on Board policy. This group has focused on East Valley issues, and typically invitees have been East Valley cities, growers, Indian tribes, and other East Valley stakeholders. I would work to broaden the scope of this group to include stakeholders valley-wide, and to include discussion of all issues of concern to the valley. I would also support the continued representation of the Common Interest Development community on the Coachella Valley Golf and Water Task Force. Cal Lockett is executive director of CAI-CV and can be reached at (760) 341-0559 or by email at clockett@cai-cv.org.

I care about and understand the restrictions placed on associations and how and when CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

25


FEATURE

Gated Communities – Safety Takes Teamwork By Michael Zach

T

oday’s home buyers are attracted to gated communities for many reasons. Adding amenities not only helps HOAs attract new homeowners, but it raises the satisfaction level of its current members. Active security programs that help deter crime as well as protecting property and property value tops the list of desired amenities for many shoppers. Many HOAs hire gate guards in addition to the more traditional security options such as security cameras, and auto locked entrances that restrict access in common areas. Large HOA’s will have multiple guards on site as well as roving patrols in the community. These are

making the call to the police after they happen during the day while homeownhave been on site and determined a ers are at work. Unfortunately, residents “probable crime in progress.” This is can often be the source for gaps in where teamwork between private secu- security. Gates can be left open, keys rity monitoring companies, "Gates can be left open, keys and codes local guard enforcement, and can be distributed to service providers, the police department is critical. and residents rarely question strangers Having a 24-hour professionally who show up at a neighbor’s home." monitored security service that works in conjunction with the on-site and codes can be distributed to service guards will give you the most protection providers, and residents rarely question while you are away. HOAs with guards strangers who show up at a neighbor’s can drastically reduce the security risks home because burglars will make every in their communities by combining effort to blend in. They will appear to monitoring at the gate with monitor- be landscapers, cleaning companies, ing at individual homes and common movers, etc. A monitored security "Having a 24-hour professionally monitored areas. Developing a guard system is designed to deter threats, minstation program that alerts imize loss, and help avoid confrontation security service that works in conjunction on-site security when the with burglars. Having technology that with the onsite guards will give you the monitoring center receives also works with the local security staff most protection while you are away." a call can help ensure a rapid dramatically increases the success of the all great ways to protect a community, response. Monitors can be installed in the alarm. The teamwork between technolbut teamwork and technology give us guard shack that allow the security team ogy and on-site personnel ensures the another option. to actually see an event occurring in the fastest response possible. Many police departments will not common area or individual home while Michael can be reached at respond to an alarm event unless it is it is in progress and while the central (480) 980-0253 or by email verified. This requires an active viewer monitoring center is responding. at MZach@adt.com. on a security camera, or a local guard Statistics show that most break-ins

26

Quorum October, 2016


WELCOME ABOARD By Erin Klink, HOA Client Service Officer, Pacific Western Bank

Rob, Ron and Taylor Winkle Roof Asset Management is a full service roofing company providing everything from leak repairs and maintenance to large scale re-roofing projects. Rob and Ron Winkle have been in the roofing industry for over 35 years. The twins, joined by Taylor Winkle, opened the doors to this new company earlier this year and are pleased to be doing business with many of their previous clients. The Winkle family would like to thank the community for its support and look forward to providing continued quality roofing with excellent customer service. Roof Asset Management (RAM) employs approximately 25 people and expects that number to increase significantly. RAM has journeyman roofers focused on quality installations in all types of roofing. They are approved applicators for most material manufactures and can service and maintain most roofing systems without affecting the warranty. In many cases RAM can assume existing manufacturer warranties. Ron serves on the Board of Directors for Western States Roofing Contractors Association. Roof Asset Management is looking forward to supporting and participating in CAI. This organization has been very good to their family throughout the years. They have built many long lasting relationships and, more importantly, friendships throughout the community and this organization. Roof Asset Management is located at 72056 Northshore St. Suite B. in Thousand Palms, CA. 92276. They can be reached at (760)813-9999 or by email at office@ramroofmgmt.com CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

27


On Friday, June 10, 2016, CAI-CV hosted an “Ask the Attorney” educational lunch program at Palm Valley Country Club. This is the final article of questions and answers adapted for Quorum Magazine.

Questions and Answers from “Ask the Attorney” By Christina Baine DeJardin, Esq. THE FOLLOWING QUESTIONS WERE ASKED ABOUT SHORT TERM RENTALS:

QUESTION If the association has a thirty (30) day minimum rental term in the CC&Rs, what is the most aggressive way to stop short-term rentals?

ANSW ER The answer to this question is multifaceted. Before an association can start to crack down on short-term rentals, it must first ensure that it has the right rules and enforcement policy in place. For example, boards should consider adopting a rule prohibiting homeowners from advertising their homes on VRBO or Airbnb on a short-term basis. This is helpful because it provides the association with the authority to take enforcement action when it suspects a homeowner is violating the minimum rental term but cannot prove it. It is also critical that associations adopt an escalating fine structure tailored just for short-term rental violations. We all know that short-term rentals are incredibly lucrative. Homeowners can make thousands of dollars in one weekend during the Indio music festivals. Some homeowners view fines as a cost of doing business and not a deterrent. To encourage compliance, the fines have to hurt. However, the fines must also be reasonable. To avoid the fines appearing arbitrary and unreasonable, associations should do some homework to determine how much homeowners are making on their short-term rentals and set fines that 28

Quorum October, 2016

are proportionate to the rents. A good way to do this is to view VRBO listings for homes in the association to see what the nightly and weekly rental rates are. In addition to implementing an escalating fine schedule for short-term rentals, associations may want to get creative with their enforcement policies. Boards should investigate the possibility of disconnecting bulk cable television services (if provided through the association), deactivating transponders, removing homeowners’ names from the call box, etc. These are effective not just for short-term rental violations, but any violations of the governing documents. Once an association has laid the proper foundation for taking enforcement action, the next step is to gather evidence against homeowners who are believed to be short-term renting their homes. As anyone who has ever attempted to enforce minimum rental terms knows, this is a formidable challenge. Homeowners will undoubtedly claim that they were letting their friends or family use the home and that it was not being rented. So, how do you prove the violation? As a first step, associations may wish to contact the city to find out if a vacation rental permit was issued to a property. If so, this is a good indication that the homeowner is short-term renting. However, it is not conclusive. Associations should also look for the property on VRBO and Airbnb. It is

important to print out the listings as they sometimes mysteriously disappear. Also, the comments posted by the tenants offer a treasure trove of information and evidence. If an association can find no other evidence but the listings, it can still take action if it has laid the groundwork and adopted a “no advertising” rule as described above. In addition to monitoring the virtual world for evidence, associations should also monitor the physical one. It is important to document the different vehicles at the property and how frequently they change. If a maid service vehicle appears after a “visit,” this should also be documented. Associations should enlist the help of neighboring homeowners to document these items and submit written complaints. Associations should also be looking for violations that are incidental to the short-term rentals. Often, noise complaints, parking issues, and general nuisances accompany short-term rentals. These also provide some indication that short-term rentals are occurring. However, just as with the “no advertising” rule, associations can take action on these other violations even if they can’t prove that the homeowner is short-term renting. Before adopting any rules or modifying the enforcement policy and fine structure, associations need to consult with legal counsel to ensure the contemplated changes are in compliance with California law and their governing documents.

QUESTION How can homeowners help the board stop short-term rentals in an association?

ANSW ER Homeowners can assist the association by providing documentation of possible short-term rentals. Specifically, homeowners can take photographs of the different vehicles that are being parked in front of a home and keep a written log of the comings and goings of


new “guests” and their vehicles. If there are noise or nuisance issues occurring, homeowners can call the police or the city’s short-term rental hotline to report the problem. If a police report is issued, the homeowner should obtain a copy and provide it to the association. Not only will this provide evidence for the association’s action against the violating homeowner, but it may also stop the nuisance. Also, homeowners can initiate their own lawsuit against another homeowner to enforce the Declaration’s minimum rental term and other leasing provisions.

THE FOLLOWING QUESTION RELATES TO THE NON-JUDICIAL FORECLOSURE PROCESS:

QUESTION Can you describe the non-judicial foreclosure process? If the association forecloses on a home, how fast can we sell it? While it is on the market, can we rent it out?

ANSW ER The non-judicial foreclosure process is a highly regulated statutory process that allows an association to foreclose upon a property typically without stepping foot inside a courtroom. Associations must comply with very specific notice and recording requirements as part of this process, which is briefly described below. Step one of this process is to provide notice of the delinquency to the homeowner. This “pay or lien letter” must be sent to the homeowner at least thirty (30) days prior to recording a lien. Once the lien is recorded, an association must wait another thirty (30) days before taking any action to initiate the foreclosure of the lien. After the thirty (30) day period has expired, an association is required to send out a second notice to the homeowner before it can record the Notice of Default and Election to Sell (“NOD”). Once the NOD has been recorded, the association must then wait

ninety (90) days before taking action to foreclose on the property. Once the ninety (90) day period has expired, the association may proceed with serving the Notice of Decision to Foreclose, recording, publishing and posting the Notice of Trustee’s Sale and performing the foreclosure auction. All told, it could take several months to complete this process. It is important to keep in mind that there are several safeguards in place to protect against foreclosure. Associations cannot initiate foreclosure unless the assessment debt is at least $1800 or 12 months old. Savvy homeowners may figure out that if they can stay under these thresholds, they can forestall foreclosure indefinitely. Also, homeowners have ninety (90) days to redeem their property after a foreclosure. If an association forecloses on a home, it may attempt to sell it, but faces several obstacles in doing so. If the property did not sell at the original foreclosure auction, it could mean that there is no equity in the property. If that is the case, it is unlikely that the association would be able to sell it conventionally. If the association wants to try to short-sell the property, it has to get the bank on board. However, banks will not typically deal with anyone who is not on the deed of trust. Another challenge is marketability. Most buyers require title insurance

when they purchase a property. This is difficult to obtain where a property has been acquired through an association foreclosure. Often, associations have to initiate a quiet title action in order to acquire “marketable” title to the property. While the property is on the market, an association can rent it out with a few important caveats. If the association accepts rents while not paying the mortgage, the bank may potentially have a claim against it for “rent skimming.” If personal property is abandoned in the property, the association must dispose of it as required by California law. In other words, it cannot rent the property out “furnished.” The association may also have to evict the former owner or the former owner’s tenants before it can find new tenants. Whether the association is looking to sell or just rent a foreclosed property, the board should always keep an eye on the bank. If, for example, the bank starts its own foreclosure action, the board may not wish to spend funds on an eviction or quiet title action that it may not be able to complete. Christina M. Baine DeJardin is a partner in the Law Firm of Peters & Freedman, L.L.P. Christina may be contacted at cdejardin@hoalaw.com.

Q& A CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

29


FEATURE

Coachella Valley Burglaries By Richard Bradford and Kimberly Burnett

I

n the Coachella Valley, property crimes are the leading source of criminal activity. Property crimes are defined as robbery, theft and burglaries and are the crimes most often seen in homeowners associations. Often, theft and burglaries are crimes of opportunity, however, there are increasing cases where the perpetrators watch neighborhoods and carefully plan their crimes before they are committed. Crimes of opportunity happen when crimes are not planned and a perpetrator sees an opportunity and commits the act in that moment. For example, an IPhone is left in an unlocked car and it’s taken. Or, a garage door is left open and golf clubs are taken. Crimes of opportunity can be committed by someone that is visiting in the complex such as a vendor or house guest – or even an unsavory neighbor. Preventing crimes of opportunity can be as easy as not leaving items in cars, locking car doors, shutting garages, and not leaving valuables in driveways or anywhere the item can be seen from the street. Premediated thefts and burglaries happen when an individual or group watch houses or neighborhoods (aka casing). The opportunity arises with visitors of the association who have the ability to enter on a regular basis, criminals living within the association and people entering the association by

30

Quorum October, 2016

breeching the perimeter. For manned gated communities, deterring criminal activity is reliant on a thorough security plan. The security plan would include a visitor management software program, a vendor transponder program, required vehicle license plate information, adequate camera systems, routine patrols at the perimeter, proper assessment of properties' vulnerabilities and good community outreach with local enforcement. The camera system should be at every entrance and exit gate and should include license plate recognition. Non-guard gated communities and communities without gates should start a neighborhood watch program, have a patrol service come through for random checks, have citizens on patrol visit and add adequate lighting around the property. Ungated communities have the most difficult time monitoring nonresidents due to the open nature of the property. In a recent crime scenario here in the Valley, young teenagers determined the best houses to break into by staging crates and planters at numerous houses near their school. They would check daily if homeowners moved the items. The items were staged for over a week before they broke into their first home. If the planters and crates were unmoved, they could tell no one was home. They

"NO MATTER WHERE YOU LIVE, WATCH OUT FOR YOURSELF AND YOUR NEIGHBORS." burglarized a few homes in the neighborhood before being caught. No matter where you live, watch out for yourself and your neighbors. Watch people that do not live in the community. Watch for loitering young adults hanging out around houses where they don’t belong. Report anything abnormal to your security or police. When you go on vacation or a long leave make sure your mail and newspapers are stopped. Have a neighbor check on your home and get timers for lights for inside and out. Working together, neighborhoods are safer by reducing the opportunity for crimes and watching out for unusual activity involving nonresidents. U.S. Security Associates provides guard services and security solutions. Richard Bradford is the Palm Desert Branch Manager and Kimberly Burnett is the Business Development Manager. They can be reached at the Palm Desert office at (760) 837-2000 or by cell at (323) 706-9469. Kimberly can be reached by email at kburnett@ussecurityassociates.com.


DESERT CITIES HOA MEETING

STOP DRAINING POOLS!

Acid Wash Your Pool and Concerve 90% of the Water

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

Extend Plaster & Equipment Life

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

Use Less Chemicals The Water Feels Incredible!

THURSDAY, October 20, 2016 10 am to 12 Noon Cathedral City – City Hall AGENDA Coffee and Sweets .......................................... 9:30 am WELCOME...................................................... 10:00 am TREASURER’S REPORT ............ Mike Traidman, Chair

SPEAKER: Southern California Edison Speaker TOPIC: SCE Electric rates for HOAs.

How to reduce electric costs.

SPEAKER: TOPIC:

Lamar Wright , VP Horizon Lighting How lighting at HOAs can improve security and home values.

OPEN FORUM Call today for a free poolside evaluation and quote!

PurifyYourPool.com

760.399.6428

Purified Pool Water is a division of Alan Smith Pools, Inc. CA Lic# 571196

79345 Country Club Dr. Unite B Bramuta Dunes 92203

MEETING EVALUATION NEXT MEETING:................November 17, 2016

Licenses #664779

Asphalt Concrete Seal Coating Striping ADA Compliance Grinding & Pulverizing

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

facebook.com/CAICV

twitter.com/CAI_CV

31


FEATURE

California Propositions–Should Associations Adopt a Similar Process? By Adrian Adams, Esq. and Sue Anderson

W

ith enough bribery, the Southern Pacific Railroad controlled California’s state government for decades. Citizens clamored for change. That came in 1910 with the election of Governor Hiram Johnson and other reformers who submitted reforms for citizen approval. The most significant reform gave direct legislative power to citizens. The initiative system was approved and went into effect in 1911—the first of its kind in the nation. The Process. Getting a proposition on the ballot starts with one or more citizens (“Proponents”) drafting an initiative. Proponents must obtain signatures of 25 or more electors before presenting their initiative to Legislative Counsel. If Counsel determines there is a good chance the initiative would be approved by voters, Legislative Counsel draft a proposed law. Secretary of State. The measure is then submitted to the Secretary of State where its form and language are reviewed and a statement of fiscal impact is provided by the Legislative Analyst’s Office. The initiative is then submitted to the Attorney General along with a fee. The Attorney General assigns a title and a summary to the proposition and opens a 30-day public comment period. At the conclusion of the comment period, Proponents have an opportunity to amend the initiative, provided it remains true to its original theme or purpose. The initiative is then returned to the Secretary of State. Collecting Signatures. At that point, Proponents can begin collecting signatures of registered voters. They must collect a percentage based on the number of people who voted in the last gubernatorial election—8% for a constitutional amendment or 5% for a statute. The signed petition is then submitted to the Secretary of State for validation of signatures. If the initiative receives the required number of signatures, it is placed on the ballot for the November election. Proposition 13. The most notable proposition in California history was the 1978 Proposition 13, the “People’s Initiative to Limit Property Taxation.” The voterapproved constitutional amendment placed

32

Quorum October, 2016

a limit on property taxation to stop the state’s voracious taxing policies from pushing tens of thousands of seniors out of their homes. Prop 13 capped property taxes at 1% of the value of a property at the time of purchase and restricted annual increases to an inflation factor not to exceed 2% per year. Proliferation of Propositions. The success of the citizen’s revolt in 1978 led to a significant increase in propositions. In the 30 years following Proposition 13, 77 ballot initiatives were voted into law, almost double the number in the preceding 60 years. What started as a process for reforming corruption in government turned into a free-for-all for bypassing the legislature. This has led to problems. Problems. The financial expenditure by the state to support the proposition process has been escalating. The Los Angeles Times estimates that more than $452 million will be spent on ballot measures in 2016 alone. The cost is not the only problem. The propositions are often poorly written and have become sufficiently complex that the average citizen cannot read and understand them anymore. Instead, they are forced to rely on advertising that can be incredibly deceptive by those for and against the initiative. As a result, truly bad laws can be approved with long-term negative consequences for the state. This election cycle is no different.


Solid black and white and reversed for specialty printing.

WELCOME ABOARD By Erin Klink, HOA Client Service Officer, Pacific Western Bank

Powerstone Property Management Lisa Glogow, CMCA

2016 Ballot. When voters go to the polls this November, they will have to sift through the longest ballot in almost two decades! Propositions include marijuana legalization, gun control, healthcare, drug prices, plastic bags, the death penalty, tobacco taxes, and more. To read about these propositions, see:

Secretary of State Voter Guide: www.voterguide.sos.ca.gov UC Hastings Law Library: www.library.uchastings.edu Ballotpedia: www.ballotpedia.org Community Associations. Fortunately, community associations have not been burdened with an initiative process. If homeowners had the right to submit and vote on anything they wanted, the deliberative process of boards who owe a fiduciary duty to act in the best interests of the association would be lost. Members who have no duty to anyone but themselves could pass amendments without considering or caring about the impact on the minority. This is known as the tyranny of the majority. Because membergenerated amendments would not go through a legal vetting and proper deliberation, they could have a long-term negative impact on the association as a whole. Conclusion. Homeowner associations can learn from the mistakes of our state government as well as its successes. The initiative process is one of those controversial subjects that association members who clamor for direct democracy should study carefully before jumping into the fire. Adrian Adams is Managing Partner of ADAMS | STIRLING PLC and Sue Anderson handles business development for the firm. They can be reached at (800) 464-2817 or info@AdamsStirling.com.

Pantone 5773 Pantone 2767 Since 1993, Powerstone CMYK 29 10 52 32 CMYK 100 90 10 77 RGB 137 144 100 RGB 19suc41 75 Property Management has Hex 899064 Hex 13294B cessfully served homeowner associations of all sizes and types with integrity and professionalism. While serving over 200 associations in Orange County, San Diego and the Inland Empire, Powerstone noticed a need for an office in the Coachella Valley. In August 2016, the desert office opened up its doors in Palm Desert. The desert office is conveniently located off of Washington Street to provide the Coachella Valley with a management company that has created the best combination of people and technology to not only better serve, but to better achieve. To help increase community involvement and volunteer effort, our managers focus on a comprehensive communication program to educate members and provide them with a better understanding of association life. From printed associations newsletters to leading online services that provide members with convenience and accessibility to association information and activities, we offer a complete and unparalleled solution to our clients. Powerstone has three in-house CPAs to oversee the financial needs, 75 employees, and the latest innovations coupled with old fashioned good service to work for you and your community. Lisa Glogow, CMCA, Director of Community Management for Powerstone Propert y Management has recently joined the Palm Desert office. Lisa lives in the desert full time and loves the communities that she manages. Lisa has her Bachelor’s Degree in Human Services Management, and holds a California Real Estate Brokers license. When Lisa is not working she can be found playing tennis, hiking, golfing or spending time with her 5 children and 3 grandchildren. Powerstone Property Management is located at 77-711 Flora Rd. #103, Palm Desert California 92211. You can contact Lisa at (760) 469-4315 or lglogow@powerstonepm.com

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

33


MEMORIES E CH

Y LE

CO A

35 th

VERSA

ETTER COMM

S

R

Y

GB

IE

IL

NI

N

BU

A IN

2016

IT

1981

D

VA L

TE ITU ST

COM M U

CIATIO ASSO NS TY IN NI L LA

UN

CAI COACHELLA VALLEY CHAPTER 1996 (TWENTY YEARS AGO) NEWSMAGAZINE EDITOR Nan deBrandt EDITORIAL BOARD Tony Brunner Carol Whitlock, PCAM Elly Dowd Rob Gilliland Steven Shuey Bob Wright OFFICERS President Carol Fulton President-Elect Peggy Redmon Vice-President R. Carol Amar, PCAM Secretary Michael L. Walker Treasurer Wayne Carlsen DIRECTORS Dan Barnett George Keplinger Jim Schilling Steven S. Shuey Robert Wright Director & National Trustee Elly Dowd COMMITTEE CHAIRPERSONS Membership Jim Schilling, Steve Gralla, Co-chairs Finance Executive Committee Program Julie Adamen Communications Peggy Redmon, Chair, Ron DiGrandi Co-chair Education Gen Wangler, Carol Amar, Co-chairs Volunteers Dan Barnett, Chair, Co-chair Lori Fahnestock Golf Gary Butler, Pat Smith, Co-chairs Awards Dinner George Keplinger, Clara Salisbury, Co-chairs Del Mar Kay Ladner Monte Carlo Lori Fahnestock, Chair; Carol Fulton, Co-chair Vendor Carol Fulton, Lori Fahnestock, Cochairs Managers Mike Walker, Dana Brown, Co-chairs National Elly Dowd Homeowner Ambassador Clara Salisbury, Elly Bowd, Co-chairs Staff Photographer Bill Richardson Chapter Executive Director Terry O’Brien

34

Quorum October, 2016

CAI-CV HOSTS CAI'S

M-100

FOR MANAGERS AND BOARD MEMBERS “Successful completion of the M-100 can be the first step toward earning the CMCA credential, awarded by CAMICB.” WHEN: Thursday – Saturday, November 17 – 19, 2016 WHERE: Homewood Suites Palm Desert M-100: THE ESSENTIALS OF COMMUNITY ASSOCIATION MANAGEMENT Successful community management starts with the essentials! This comprehensive community association management course provides a practical overview for new managers, an essential review for veteran managers and an advanced course for board members. Successful completion of the M-100 can be the first step toward earning the CMCA credential, awarded by CAMICB. Call the CAI-CV office or go online to www.caionline.org for more information. TOPICS INCLUDE: • Roles and responsibilities of managers, owners, committees and the board • Management ethics • Developing, implementing and enforcing rules • Organizing and conducting board meetings • Preparing budgets and funding reserves • Assessment collection policies and procedures • Collecting delinquent payments • Financial statements, reporting methods and operations • Evaluating risk management and insurance programs • Implementing maintenance programs • Preparing bid requests and identifying key contract provisions • Recruiting, selecting and managing personnel • Managing sustainable and developing communities

COURSE MATERIALS Participant guide and flash drive with bonus readings and materials. COURSE LENGTH 2.5 days Days 1-2: 8:30 a.m. - 5:30 p.m. Day 3: 8:30 a.m. - noon A multiple choice examination is given at the end of the class. TUITION CAI member: $445 Nonmember: $545 Call the CAI-CV office at (760) 341-0559 to learn about the CAI-CV Scholarship Program for managers!


TRENDING NOW

GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW

Mobile Apps By Antoinette Hamilton You don’t have to look too far to see how successful mobile apps for Uber, Lyft and Airbnb have become.

Member of CAI and CACM

Legal Services for Community Associations • General Counsel

Choose the Right Platform There are many mobile apps available to market your business. Determine the best platform, Android, iPhone, Blackberry or Windows and tailor it to your business and to your client base.

Profile Your Customer Understand who your customer is by developing a profile based on age, gender, location, income, marital status and profession, and research your competitor’s mobile site. Ask yourself what sets you apart from your competition.

Engage Your Audience

• Assessment Lien and Foreclosure • No Cost Collections • Fees Paid by Delinquent Homeowner • Detailed Monthly Status Reports • Title Reports at No Charge to Association • Construction Defect/Reconstruction • Mold Claims/Litigation • Real Estate Dispute/Litigation Phone: (760) 340-1515

FAX: (760) 568-3053

Including a Click to Call, a list of services, photos of your business and directions all help to create a strong mobile presence.

Repeat Customers Most mobile apps are deleted after 30 days, so it is important to have your customers become repeat clients. One way is to create a loyalty program and build interactive engagement with users by adding video chat and social media platforms such as Snapchat, Facebook, Pinterest and Instagram.

The Power of Text Messages Use text messages to send appointment reminders and special offers. They have an open rate of 97%.

Payment Systems PayPal is the most popular payment system for mobile apps but there are several others including Apple Pay and Google Wallet. Antoinette Hamilton has ten years of experience in solar PV and solar pool heating in the Coachella Valley. She is a frequent guest speaker on energy efficiency solutions for HOAs, hotels, country clubs, apartment complexes and assisted living facilities. Antoinette can be reached at at (760) 808-1128 or by email at info@suntosolar.com. CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

35


CONTENTS

Reserves…It’s Complicated By James R. McCormick, Jr., Esq., CCAL

F

unding reserves is one of the most important things that an association board can do. A healthy reserve fund ensures that an association will be able to pay for future repairs, replacement or addition of major components. It is important to understand why your association should have reserves, why your community should perform maintenance and when your association should be using its reserve funds. When it comes right down to it, reserves are complicated! To fully understand when to use reserves it is important to first understand what reserves are and how they compare to general, ongoing maintenance. California Civil Code Section 4177 defines a “Reserve Account” as: “moneys that the board has identified for use to defray the future repair or replacement of, or additions to, those major components that the association is obligated to maintain.” Funds received from a lawsuit for construction defects are also defined as a reserve account, but must be separately itemized. Maintenance, on the other hand, is defined by Merriam-Webster as: “the upkeep of property or equipment.” As it relates to reserve accounts, proper, ongoing maintenance is one great way to extend the life of the association’s assets, or “major components.” In addition to funding reserves it is important that an association have an effective maintenance program to prolong the life of all components and extend the effectiveness of reserve accounts. To effectively manage a maintenance program, the board should develop a comprehensive community-wide plan. It is important to determine what needs to be maintained, how frequently it needs to be inspected and maintained, and what needs to be done to maintain any

36

Quorum October, 2016

particular component. When developing your maintenance program, the board should consider factors to help it determine whether maintenance or replacement is the best course of action. The board should also consider recommendations that can extend a component’s useful life. One manner by which to create this type of plan is to look at the true life cycle cost of any major component. Life cycle cost is the initial cost of a component plus the operating and maintenance costs of that component over its lifetime. For the math-inclined, it can be expressed as follows: LIFE CYCLE COST = INITIAL COST + LIFETIME OPERATING & MAINTENANCE COST FOR EXAMPLE: • $100k Tesla vs $85k Lexus for five year life o Tesla: $100k + $8k Maintenance & repairs + $0 gas o Lexus: $85k + $13k Maintenance & repairs + $10k gas • Same $108k Life Cycle Cost While a component may be more or less expensive at the outset, the maintenance and operating costs of that component might balance out over time. Making this determination early on will help your community get the most out of its components and its reserve accounts. Some communities believe that deferring maintenance generally is an effective way to stretch association funds. It has been demonstrated time and time again that deferring maintenance does nothing other than increase the cost of repair or replacement of that component at a later date. It is important, therefore,

to have a general plan of maintenance and to stick to that plan as needed. This is not to say that adjustments cannot be made if a component is performing better than expected, or that repairs cannot be made to extend the life of a component. These minor adjustments can and should be made if it makes sense to do so and is part of the overall plan developed by the board. Without a maintenance plan and without reserves, your community will be stuck levying a special assessment on the owners each time a component fails or is in need of repair. No one likes these kind of surprises! Sometimes all the planning in the world doesn’t help and your community will be faced with premature, catastrophic failure of a component. If this occurs the board should investigate all avenues for funding. Perhaps insurance proceeds are available? Perhaps someone else caused the damage? Performing this investigation can be the difference between having the item repaired at someone else’s cost or imposing a special assessment to make up the difference. Remember to link your community’s financial objectives to the life cycle cost of major components. Have flexibility depending on circumstances, work with your experts and follow the requirements in the law and your governing documents. You can always make adjustments between maintenance and repair/replacement as needed. Reserves aren’t complicated when you have a plan! James R. McCormick, Jr., Esq., CCAL is Managing Partner of Peters & Freedman, L.L.P. James can be reached at (760) 436-3441 or by email at jmccormick@hoalaw.com


Advertisers ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP................................................. 39

ASPHALT AMS PAVING.................................................................... 38 ASPHALT MD’S.................................................................. 4 DIVERSIFIED ASPHALT PRODUCTS................................... 2 J. B. BOSTICK COMPANY................................................. 19 NPG ASPHALT.................................................................. 31

ATTORNEYS EPSTEN GRINNELL & HOWELL APC................................. 27 FIORE RACOBS & POWERS................................................ 4 GREEN BRYANT & FRENCH, LLP........................................ 6 GURALNICK & GILLILAND, LLP........................................ 35 LAW OFFICE OF PEGGY REDMON.................................... 23 PETERS & FREEDMAN, LLP............................................. 12

BANKING MUTUAL OF OMAHA BANK................................................ 6

CONSTRUCTION CBCI CONSTRUCTION...................................................... 23

ELECTIONS THE INSPECTORS OF ELECTION...................................... 37

ELECTRIC & WATER COACHELLA VALLEY WATER DISTRICT........................... 23

Call Us Today: 800-350-8333

INSURANCE TIMOTHY CLINE................................................................. 3

We make every vote count!

LANDSCAPING CONSERVE LANDCARE.................................................... 39 PRO LANDSCAPEING INC................................................. 12 SUNSHINE LANDSCAPE................................................... 35 WATERRITE - VINTAGE ASSOCIATES, INC....................... 23

PAVINGSTONES FARLEY INTERLOCKING PAVINGSTONES........................... 3

PEST CONTROL LLOYD PEST CONTROL.................................................... 16 POWERFUL PEST MANAGEMENT.................................... 23

POOL DECK RESURFACING CTI OF THE DESERT......................................................... 23

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

Complete Election Administration for Community Associations With our long-standing expertise, in-house capabilities and trained staff and inspectors, we provide your association with the most efficient and cost-effective election than can be conducted by any other resource, when our services are compared in an apples-to-apples manner.

ROOFING WESTERN PACIFIC ROOFING............................................. 3

SECURITY ALLIED BARTON.............................................................. 37

Request a Quote Today: www.theinspectorsofelection.com

AMS SECURITY................................................................ 39 SECURITAS........................................................................ 3

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

37


38


Answering the call for the ultimate in security services.

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

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

Order Now at CAIONLINE.ORG Item 1800 only $12.95 CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

39


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

CAI-CV UPCOMING EVENTS

GREEN IS FOR LOCAL EVENTS

SIGN UP FOR LOCAL EVENTS AT CAI-CV.ORG AND FOR CAI NATIONAL EVENTS AT CAIONLINE.ORG

Manager On The Run (MOTR) (for managers) WHEN: Friday, October 7, 2016, 8:30 a.m. WHERE: Sunshine Landscape, Thousand Palms

Educational Lunch Program & Mini Trade Show (for all members) WHEN: Friday, October 14, 2016, 11:15 a.m. WHERE: Palm Valley Country Club CAI’s Common Interest Development Law Course (for all members) WHEN: Thursday, October 20, 2016 WHERE: Renaissance Indian Wells Resort & Spa, Indian Wells

DECEMBER

NOVEMBER

OCTOBER California Legislative Action Committee (CLAC) Benefit Fundraiser (for all members) WHEN: Thursday, October 20, 2016, 6:30 p.m. WHERE: STIR, Renaissance Indian Wells Resort & Spa, Indian Wells

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

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

CAI’s M206 Course (for managers) WHEN: Thursday-Friday, October 6-8, 2016 WHERE: Santa Ana LEGISLATIVE UPDATE - Educational Lunch Program & Mini Trade Show (for all members) WHEN: Friday, November 4, 2016, 11:15 a.m. WHERE: Sun City, Palm Desert – NEW LOCATION! Sign Up Now – Seating Limited to 200

CAI’s M100 Course – Essentials of Community Management (for managers & board members) This course is the first step to achieve the CAI CACM Credential WHEN: Thursday-Saturday, November 17-19, 2016 WHERE: Homewood Suites, Palm Desert

CAI’s M205 Course (for managers) WHEN: Thursday-Friday, December 1-2, 2016 WHERE: Riverside CAI-CV’s Board Member Workshop (BMW) (for board members)

WHEN:

Thursday, December 1, 2016, 3:30 p.m. (includes Holiday Open House) WHERE: Clubhouse, Avondale Golf Club

CAI-CV’s Holiday Open House (for all members) WHEN: Thursday, December 1, 2016, 5:30 p.m. WHERE: Clubhouse, Avondale Golf Club

Oct. 21, 2016 | Indian Wells, CA Oct. 21, 2016 | Indian Wells, CA

1

20

EY

6 01

AY

ID

Forum

CAI-CV

Oktoberfest

VA

FR

Legal

6

COACHELLA

LL

CAI CAI

I CA

, , O CTOBER 21

CALIFORNIA COMMUNITIES C A L I Fevent O RforN I A Ccommunity O M Mmanagers, U N I Tassociation I E S board A one-day California members other from Community Associations A one-dayand event for homeowners California community managers, associationInstitute—the board leader in HOA education, advocacy andCommunity professionalAssociations development. members and other homeowners from Institute—the leader in HOA education, advocacy and professional Critical updates on important legal requirements thatdevelopment. impact how you work. Critical updates on important legaldevelopments requirements that that impact impact where how you Essential information on key legal youwork. live. Essential key legal developments that impact where you live. For eventinformation details andonregistration, visit www.caionline.org/events/CALaw or call CAI Member Services at (888) 224-4321 (M–F, 9 a.m.–6 p.m. ET). 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).

2

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


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.