NOVEMBER 2016
Coachella Valley Community Associations Institute Magazine
Indio Springs RV Resort INSIDE E CH
CO A
35
Y LE
th
GB
VERSA
ETTER COMM
S IE
IL
NI
N IN
R
Y
A
BU
D
2016
13 CAI's COMMUNITY NEXT 2020 AND BEYOND Envisioning the Future of Community Association Living, Governance and Management (Part 1)
IT
1981
VA L
TE ITU ST
COM M U
CIATIO ASSO NS TY IN I N L LA
UN
CAI-CV & KESQ PARTNERSHIP | ADVERTISE WITH KESQ 760-340-7115 – RON.DIGRANDI@KESQ.COM
LIFE, lived better. Have you been searching for a management company that understands your needs? At Associa, we believe that service should be custom tailored to fit the specific nuances of your community – from personalized websites and web-based management programs to 24/7 customer service and online client portals, we have the solution for what you need. FIND OUT WHAT IT’S LIKE TO LIVE LIFE BETTER WITH DESERT RESORT MANAGEMENT. CONTACT US TODAY!
(760) 346-1161 | www.drminternet.com
•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
2
Quorum November, 2016
E
J.B. BOSTICK COMPANY
S TO
INC
ON
QU A
IN T EG R I T Y - S
IC E
CU
Y-
RV
L IT
M E R S AT I S FAC
TI
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
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.
Call today for a free poolside evaluation and quote!
The Water Feels Incredible!
PurifyYourPool.com
760.399.6428
Purified Pool Water is a division of Alan Smith Pools, Inc. CA Lic# 571196
CAI-CV.org
Use Less Chemicals
facebook.com/CAICV
79345 Country Club Dr. Unite B Bramuta Dunes 92203
twitter.com/CAI_CV
3
pick the right tools for your next project.
BOARD OF DIRECTORS COACHELLA VALLEY CHAPTER 2017
With community association lending expertise like ours, you’ll get the job done right.
GERARD GONZALES, PRESIDENT Albert Management, Inc. TAD BLACK, PAST PRESIDENT Associa OnCall
take that to the bank.
PHYLLIS HARKINS, CMCA, CCAM, AMS PRESIDENT ELECT The Management Trust – Palm Desert
Brendan Concannon Regional Account Executive 619-961-6346 Toll Free 866-800-4656, ext. 7480 brendan.concannon@mutualofomahabank.com
mutualofomahabank.com
JOLEN ZEROSKI, TREASURER Union Bank JOHN WALTERS-CLARK, SECRETARY Associa Desert Resort Management CARDINAL AMBROSE, CCAM, CMCA, AMS DIRECTOR Albert Management, Inc.
Member FDIC Equal Housing Lender
AFN46055_0913
RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management
EQUAL HOUSING
LENDER
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
A Full Service lAw Firm
Providing Practical Approaches in:
ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION
CC&R Interpretation, Drafting and Enforcement
admin@cai-cv.org
Opinion Letters Contract Drafting and Negotiation Civil Litigation Assessment Recovery 73-710 Fred Waring Drive, Suite 120, Palm Desert, California 92260
4
Quorum November, 2016
For inquires contact Jeffrey French www.gbflawyers.com
| 760.346.9310
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.
srettam ni noitcetorp fo erusaem emos htiw stcejorp .lortnoc larutcetihcra sa hcus eb ot mees stnemeriuqer elbixefl erom esehT FEATURES -inummoc eb dluohs sseccus siht dna ,llew gnikrow -ilapicinum ,yllaedI .serutalsigel etats rehto ot detac llams ,wen fo tnempoleved eht troppus dluow seit eerf eb dluoc stnempoleved llams dna ,seitinummoc The Adventures of the Happy Wanderer.hsiw yeht fi snoitaicossa yratnulov hsilbatse ot ile rehtien ,revewoh ,snoitpmexe yrotutatS By Susan Browne Rosenberg, CIH, CIEC,-imCHMM od ron ,stnemucod gninrevog rof deen eht etan eht egnahc ro eussi lluf eht sserdda yletauqeda yeht reffo thgim ledom tahT .ledom s’noitaicossa llams ev reser ,stnemucod ”delacs“ ro euqinu ,tnereffid sseccuS .srebmem draob fo rebmun ro stnemeriuqer rof sledom ecnanrevog dexaler ni dnuof eb thgim .snoitaicossa llams erutuf elacs-egral ,murtceps eht fo dne rehto eht nO CHAPTER NEWS ot esir nevig ydaerla evah erutuf eht fo snoitaicossa lanoisseforp eht—redivorp eciv res fo epyt wen a -moceb si tnemeganam ytinemA .reganam ytinema -nam ytinummoc ynam fo tcepsa tnacfiingis a gni a eriuqer seod ti ,revewoH .snoitpircsed boj ’srega lanoitidart naht egdelwonk dna tes lliks tnereffid snoitaicossa elacs-egraL .tnemeganam ytinummoc ro sreganam htiw tcartnoc ylekil lliw erutuf eht fo -irepxe defiilauq evah taht seinapmoc tnemeganam -inema rieht lles ro tnemeganam ytinema ni ecne fo egatnecrep a yap dluow ohw seitrap driht ot seit .noitaicossa eht ot sgninrae
Indio Springs RV Resort
9
CAI-CV Chapter New & Renewing Members
13
35th Anniversary - 1996 Quorum Magazine
25
Meet the Committee Chair
Julie Frazier By Erin H. Fujioka
40
Chapter Upcoming Events
10
CHAPTER EVENTS
GNIGNAHC TEEM OT ETAVONNI » SELOR REETNULOV ot sreetnulov defiilauq-llew deen snoitaicossa llA sa srepoleved erutuf yvvaS .sdraob rieht no ev res degaruocne eb dluohs snoitaicossa gnitsixe sa llew ,eciv res draob rof stnemeriuqer muminim tes ot ,ecneirepxe lanoisseforp ,level noitacude sa hcus -dercca ta ecnadnetta dna snoitisop pihsredael roirp .smargorp noitacude draob deti -acfiilauq dna esitrepxe draob ,tniop emos tA sA .ylluferac erom dellortnoc eb ot evah lliw snoit erutuf eht fo stnemucod gninrevog ,od ydaerla emos lavomer citamotua eht rof snoisivorp niatnoc yam fo ecnesba eht nI .srebmem draob etauqedani fo lliw erutuf eht ni seitinummoc ,sreetnulov defiilauq -moc gnitaes ot sevitanretla evitaerc erolpxe ylekil -seforp ot gninrut sa hcus ,srebmem draob tnetep .ledom etaroproc a ro srebmem draob lanois
20
October 14th Lunch Program
22
Who Wants to Be a Fully Protected Community Association, the Claim Game is Back
(October 14 Lunch Program) By Joel Meskin, Esq., CCAL, CIRMS
22 26
TCNITSID SSERDDA OT SYAW ETAERC » EZIS NOITAICOSSA FO SDEEN fo ledom ecnanrevog noitaicossa ytinummoc ehT ti ,noisnetxe yB .snoitaicossa lla tfi ton seod yadot tuohtiw erutuf eht fo snoitaicossa eht tfi ton lliw stnemeriuqer lapicinum ni ,setutats etats ni segnahc .stnemucod gninrevog noitaicossa ni dna -noc modles noitcnitsid a si ezis noitaicossA neve dna srepoleved ,srotalsigel yb deredis s’ tI .slanoisseforp noitaicossa ytinummoc seitilapicinum taht ,erofereht ,esirprus on snoitaicossa etaerc ot srepoleved eriuqer -ossa esehT .stcejorp tsellams eht neve rof gninrevog htiw delddas neht era snoitaic -lerri ot tcejbus emoceb dna stnemucod rieht ot selcatsbo etaerc taht sedoc tnave owt ,snoitaicossa llams nI .snoitarepo snedrub eht era smelborp tseggib eht fo fo eussi eht dna srebmem draob no decalp .sev reser dednufrednu laicnanfi kcal snoitaicossa ynam hguohtlA -gam era segnellahc eseht ,secruoser reetnulov dna -kamwal ,snoitaicossA .snoitaicossa llams ni defiin lliw erutuf eht fo sreganam dna srepoleved ,sre -ossa eht fo snedrub eht esae ot syaw dnfi ot deen ,yllaedI .snoitaicossa llams yrev rof ledom noitaic tnavelerri morf tpmexe eb dluow snoitaicossa llams fo srepoleved dnA .setutats etats etairporppani ro eht fo deveiler eb dluow snoitaicossa llams eseht a sselnu noitaicossa na hsilbatse ot tnemeriuqer evitcirtseR .tliub era semoh fo rebmun muminim gnoma eb dluow snoitcirtser deed dna stnanevoc eseht ni srenwoemoh edivorp taht sevitanretla eht
20
25
October 7th Manager on the Run Manager Professionalism – How to Achieve Successful Communities By Cari Burleigh
27
CAI-CV Hosts CAI's Statewide Legal Forum
30
CAI-CV's 35th Anniversary Oktoberfest Celebration
34
Casino Night – Totally Awesome 80's Celebration
DNOYEB DNA 0202 TXEN YTINUMMOC
27 E CH
CO A
35
IL
D
NI
N
BU
40
th
A
30
Y LE
1981
IN
VA L
TE ITU ST
34
13
CIATIO ASSO NS TY IN NI L LA
COM M U
26
ytiroirP a si ygolonhceT z ylgnittiwnU srekaM waL z smelborP etautepreP
13
G R O . E N I L N O I A C .W W W
tnediseR erutuF z lliW scihpargomeD gnihtyrevE egnahC
2016
GB
VERSA
ETTER COMM
S
CAI-CV 2017 Calendar
fo ecnatropmI ehT z dna seidutS evreseR gnidnuF
Y
40
spihsnoitaleR repoleveD z yeK era
IE
Community Next - 2020 and Beyond
toN erA sreetnuloV llA z lauqE detaerC
R
13
toN seoD eziS enO z llA tiF
IT
10
A
CONTENTS snoisulcnoC yeK
)sCIC( seitinummoc tseretni-nommoc s -rep regral neve na emoceb ot eunitnoc ,tekram gnisuoh .S.U eht fo egatnec on evah lliw struoc eht dna srotalsigel etatilicaf ot setutats tnerruc mrofer ot tub eciohc eht tcefler ot dna yrtsudni eht ni htworg htob ,revewoH .snoitaicossa gnicaf seitilaer ecnanrevog dluoc segnahc eseht taht ylgnorts tlef lenap eht detartnecnoc a hguorht reilrae tuoba thguorb eb —yrtsudni noitaicossa ytinummoc eht yb troffe dna ,srentrap ssenisub ,sreganam ,srenwoemoh eht ,PRAA sa hcus ,setailfifa trecnoc sti dna IAC )BHAN( sredliuB emoH fo noitaicossA lanoitaN .)RAN( srotlaeR fo noitaicossA lanoitaN eht dna
UN
CAI-CV 2017 CALENDAR CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
5
x 4
QUORUM COMMITTEE MEMBERS KYMBERLI TAYLOR-BURKE, CHAIR NPG Asphalt RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc. PHYLLIS HARKINS, CMCA, AMS, CCAM BOARD LIAISON The Management Trust - Palm Desert TIM ALBERT AlliedUniversal KIMBERLY BURNETT U. S. Security Associates ALAN J. CARNEGIE, ESQ. Daniels, Fine, Israel, Schonbuch & Lebovits, LLP DEA FRANCK, ESQ. Epsten Grinnell & Howell, APC ERIN FUJIOKA G4S Secure Solutions, USA TIFFANY WRIGHT The Management Trust – Palm Desert ANTOINETTE HAMILTON Suntrek Solar ERIN KLINK Pacific Western Bank FRAN MULLAHY Vintage Associates, Inc. SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC. STEVEN SHUEY, PCAM Personalized Property Management Co. DAN STITES CBCI Construction, Inc. JENNIFER ZEIVEL, CMCA, AMS Associa / Desert Resort Management
CREATIVE DIRECTOR & GRAPHIC DESIGNER RODNEY BISSELL Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749
SUBSCRIBER SERVICES
The Coachella Valley Quorum Magazine is a publication expressly prepared for association leaders, managers and related business professionals of the Community Associations Institute. Members are encouraged to submit articles for publishing consideration. All articles accepted for publication in Quorum are subject to editing and rewriting by the Quorum Committee.
6
Quorum November, 2016
CONTENTS DEPARTMENTS
8
President’s Message
24
About CLAC
CLAC 2016 Accomplishments
26
Welcome Aboard
Pro V Construction By Erin Klink
32
Water Wise
36
New Law Strengthens Water Conservation Regulations for Some Agencies By Katie Evans
33
Charity
The Narrow Door By Tiffany Wright
24
Trending Now Shopping for Rebates www.ShoppingForRebates.com By Antoinette Hamilton
32 26
33
36
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
This November is all about elections. It is an important privilege for us to vote and I encourage all of you to take this opportunity seriously. Don’t let discouragement about some of the candidates keep you from the polls. Our communities depend on your participation, especially at the local level. CAI-CV’s chapter elections were completed on October 26th and I want to welcome two new board members, Louise Stettler and Mike Traidman, to our Board. Louise and Mike will be representing Community Association Volunteer Leaders. Louise recently retired from the law firm of Epsten Grinnell & Howell as their marketing manager and is a homeowner volunteer at Palm Valley Country Club. Mike currently heads up the Desert Area HOA Council for community board members and is on the board at Mira Vista HOA in Rancho Mirage. CAI-CV’s membership also voted back Phyllis Harkins from The Management Trust and manager of Portola Country Club who will serve as CAI-CV’s President in 2017, Tad Black from Associa OnCall, and yours truly, who will serve as Past President in 2017. Our thanks to the CAI-CV Board and all our members who helped with CAI’s Statewide Legal Forum at the Renaissance in Indian Wells a couple weeks ago. The reviews are still coming in and most agree this was the best Legal Forum ever. The speakers and topics were excellent and the managers I spoke with enjoyed the trade show where they met with seventy businesses that serve common interest developments. On Friday afternoon, the Legal Forum gave way to CAI-CV’s 35th Anniversary Oktoberfest celebration with dancing to the Hofbrau Boys, great food and, of course, fantastic beer. The Oktoberfest Committee did an excellent job hosting our colleagues from eight California chapters. Thank you! In this issue of Quorum, you will see pictures from all the events including the CLAC planning session and benefit dinner, and CAI’s CID Law Course. In all, there were eighteen events over three days – and all went extremely well. On Friday, November 4, CAI-CV will host our annual Legislative Update at Sun City Palm Desert. Our guest speakers will be Sandra L. Gottlieb, Esq., CCAL from SwedelsonGottlieb and Robert DeNichilo, Esq. from the law firm of Nordberg|DeNichilo, LLP. This is always a sell-out event so sign up early. On November 17th through 19th, CAI-CV will host CAI’s M100 Course at the Homewood Suites in Palm Desert. This course is the first step for managers who are working on their CMCA designation. It is also a great refresher course for managers and an excellent advanced course for association board members and business partners wanting additional education about the CID industry. On Thursday, December 1st, CAI-CV will host its annual Holiday Mixer and Open House sponsored by the Business Partner Committee. There will also be a Board Member Workshop that afternoon. Both events will be at Avondale Golf Club in Palm Desert. On December 9th, CAI-CV will host a Manager On The Run (MOTR) course for managers. More information about these events can be found on the CAI-CV website at www.cai-cv.org. Keep watch for CAI-CV’s 2017 Calendar and our 2017 Advertising & Sponsorship Plan expected out this week. November is National Peanut Butter Lover’s Month and National Stuffing Month! We will all be enjoying Thanksgiving in a few weeks. For those of you visiting family and friends, please travel safe. Happy Thanksgiving!
CAI - CV MI S S I O N S TAT E ME N T Gerard J. Gonzales Vice President - Albert Management, Inc.
8
Quorum November, 2016
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 NEW BUSINESS PARTNERS INTERCONNECT NETWORKS Jean Murdica (760) 333-8523 jean@icn.tech RENEWING BUSINESS PARTNERS FARLEY INTERLOCKING PAVERS Charissa Farley (760) 773-3960 charissa@farleypavers.com M & M SWEEPING, INC. Richard Juge (760) 343-3003 rich@mandmsweeping.com SERVPRO OF PALM SPRINGS AND INDIAN WELLS Chris Bennett (760) 327-7700 chris@servproiwps.com NEW MULTI-CHAPTER MANAGEMENT COMPANY POWERSTONE PROPERTY MANAGEMENT Lisa Glogow (760) 469-4315 lglogow@powerstonepm.com NEW MANAGER MEMBERSHIPS INDIO SPRINGS RV RESORT Wendy Coyne (760) 347-7749 manager@indiospringsrvresort.org OUTDOOR RESORT PALM SPRINGS OWNERS ASSOCIATION Jennifer Miranda (760) 328-3834 Ext. 300 jmiranda@orps.com POWERSTONE PROPERTY MANAGEMENT Holly Smith (949) 535-4519 hsmith@powerstonepm.com RENEWING MANAGER MEMBERSHIPS ALBERT MANAGEMENT, INC. Candice Gorges (760) 641-9887 candicegorges@gmail.com ASSOCIA DESERT RESORT MANAGEMENT William Clifford (760) 625-5971 bclifford@drminternet.com Michelle Espinoza (760) 324-1873 mespinoza@drminternet.com
(760) 327-1346 mjimenez@drminternet.com Ashley Layton (760) 346-1161 alayton@drminternet.com Alison Posey (760) 346-1161 aposey@drminternet.com Jamie Saldivar (760) 346-1161 jsaldivar@drminternet.com Mary Beth Shields (760) 346-1161 mshields@drminternet.com BIGHORN HOMEOWNERS ASSOCIATION, INC. Judith Mandic (760) 610-8432 judym@bighorngold.com FIRSTSERVICE RESIDENTIAL Daniel Farrar (760) 834-2487 daniel.farrar@fsresidential.com GOLD COAST COMMUNITY MANAGEMENT Andrea Fidler (224) 760-2029 Ext. 880 andrea@goldcoastent.com LAKES COUNTRY CLUB ASSOCIATION Ronald Phipps (760) 568-4321 rphipps@thelakescc.com LAWRENCE WELK'S DESERT OASIS VACATION OWNERS ASSOCIATION Bill Palmer (760) 408-1617 wrp95914@gmail.com MOTORCOACH COUNTRY CLUB PROPERTY OWNER ASSOCIATION, INC Carla Boosalis (760) 342-4215 cboosalis@drminternet.com SHADOW MOUNTAIN RESORT & CLUB Cindy Calquhoun (760) 346-6123 cindy@shadowmountainresort.com NEW MULTI-CHAPTER MANAGER MEMBERSHIP CAPITAL CONSULTANTS MANAGEMENT CORPORATION Brett Wiklund (480) 921-7500 bwiklund@ccmcnet.com
Melissa Jimenez
CAI-CV.org
NEW MULTI-CHAPTER BUSINESS PARTNERS DUNN-EDWARDS CORPORATION Stacy Rakestraw (760) 972-6830 stacy.rakestraw@dunnedwards.com PATIO PRODUCTS USA Jillian Steele (951) 588-3442 jillian.steele@patioproductsusa.com RENEWING MULTI-CHAPTER BUSINESS PARTNERS EAGLE ROOFING PRODUCTS Greg Morrow (909) 633-2191 gregm@eagleroofing.com FENTON, GRANT, MAYFIELD, KANEDA & LITT, LLP Katy Krupp (949) 435-3800 Ext. 102 Kkrupp@fentongrant.com HORIZON LIGHTING, INC. Catherine Gregory (949) 336-4336 catherine@horizonlightinginc.com LABARRE/OKSNEE INSURANCE AGENCY, INC. Carol Fulton (760) 346-7251 Ext. 264 carolf@hoa-insurance.com PRENDIVILLE INSURANCE AGENCY Matthew Lawton (760) 770-5868 Matt@PrendivilleAgency.com SCT RESERVE CONSULTANTS, INC. Michael Graves (951) 296-3520 mike.g@sctreserve.com SEACOAST COMMERCE BANK Tom Cheek (858) 432-7000 tcheek@sccombank.com SHERWIN-WILLIAMS COMPANY Vera Cortez (760) 809-9691 swrepq102@sherwin.com RENEWING VOLUNTEER LEADERS SUN CITY PALM DESERT COMMUNITY ASSOCIATION Steve Bailey Jack Drill Dennis Golob Bobbi Hoffman Mike Joyce Mike O'Conner Charlie Thompson
facebook.com/CAICV
twitter.com/CAI_CV
9
FEATURE
Indio Springs RV Resort The Adventures of the Happy Wanderer By Susan Browne Rosenberg, CIH, CIEC, CHMM
T
he Indio Springs RV Resort, as it is known today, began with the vision and planning of Stephen and Norriene Breitfeller back in 1972. Their concept of a first-class country club style RV park was developed and formalized as a recreational vehicle park community in 1977. With its community island's expansive lawns, winding waterways, clubhouse and amenities, the then named “Happy Wanderer” was recognized with the highest 5-star rating in "Woodall's Trailer Travel." Since the original vision, the Happy Wanderer has seen many growth changes. In 1973-74 there were 459 lots available for “long-term” (two months) and for “in-and-outer” campers. Each lot had three cement pads, one for trailer, one for vehicle, and one for
10
Quorum November, 2016
patio. Until the fall of 1975, streets and lots were labeled alphabetically and numerically, such as A2, C7, F5, etc. Mail was delivered to the office where it was hand sorted and placed in individual post office type boxes located outside the office. The resort is in the City of Indio and is 16 feet below sea level at the NE corner and 28 feet below sea level at the office in the SW corner. The land is old sea bottom and covers approximately 31 acres. Irrigation water is supplied by the Colorado River through a system of aqueducts. Drinking water comes from the City of Indio. With incorporation in 1977 and Community Association Bylaws in place, the 459 lots became available for purchase. Owner assessment fees
would now assure that year-round maintenance costs could be managed as well as growth and development costs covered. In 1978-79, telephone lines were installed to each lot. The park hired a night security guard who worked until the entrance gate was added in 1980-81. According to the new rules, pets are no longer allowed and at least one of the owners must be 55 years or older. The first meeting of the Community Association was held on January 15, 1978. The last lot sold on March 9, 1980, only 2-1/2 years after sales began. Today owners enjoy the desert in park models and recreational vehicles. With passing years, the community has grown to include two fully equipped clubhouses, two swimming pools (one adult and one for families), extensive amenities and
FEATURE special events – all within expansive lawns and winding waterways. Residents also enjoy three laundry rooms and three restrooms with showers located strategically around the property. In 2015, the owners voted to update the name to Indio Springs RV Resort. The community is located at 84250 Indio Springs Drive next to the Fantasy Springs Casino. Residents can literally walk to the casino to enjoy shows, gambling and restaurants. The homes are advertised as “tiny homes” and list for less than $100,000 each. The majority of owners voted to limit occupancy to owners and renters so the Resort would continue to support its original vision of a first-class seasonal resort for snowbirds. More information on sales can be found at www.indiospringsrvresort.org. Monthly assessments are $172 and include management costs, water, sewer, garbage and cable TV provided by Spectrum (formerly Time Warner). Free WiFi is provided in the main clubhouse. During the months of November through March, the community event calendar is full with a variety of activities. There are dinners, dances and live entertainment in the main clubhouse. The card/game room, art room, and sewing/quilting room are also very busy with lots of different activities. At the end of the season, a craft fair takes place for residents to sell the crafts they’ve made throughout the season! The resort has some very talented people! There really is something for everyone! Daily, many residents play organized pickleball, volleyball, and shuffleboard on the community island. Resident golfers enjoy pitch and putt competitions at the pitching and putting greens also located on the island. The Indio Springs RV Resort Golf Club organizes weekly games for its residents at the “Lights of Indio” Golf Course which is owned by the City of Indio and managed by Landmark Golf Management. It offers one of the longest par-3 golf courses in the country, with holes ranging from 110 to 240 yards. The golf course recently CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
11
FEATURE changed its name to highlight the fact that they are one of the few golf courses in the country where golfers can play golf at night under the lights! Fun! To save water and keep detergent out of the sewer lines, the community has a car washing station. They even have a woodshop that handy owners can use for projects. There are also two horseshoe pits. Residents use the craft room to make stained glass and carve wood. The community surveyed residents last year to gather opinions about living at the resort. Residents overwhelmingly reported the resort as friendly, with a great sense of community. Comments included, “an awesome lifestyle with lots of fun activities." "The resort is a great place to enjoy your winter and become part of a community…a place where neighbors become lifelong friends.” The HOA has seven Board members. There are nine committees: Aesthetics, Beatification, Elections, Emergency Preparedness, Maintenance, Marketing, Security, Social Activities and Waterways. The Social Activities volunteer committee is very active scheduling social, sporting and educational events throughout the year. Board President Pat Finn says, “for us, the special thing about Indio Springs RV Resort is the people. Everyone is friendly and they make you feel welcome to participate in activities. It doesn’t take long before friends are like family. Indio Springs is just fun.” To conserve water, the resort has been replacing grass in the common areas with desert landscaping. They have also been replacing older irrigation systems with new water-efficient irrigation. The Board developed a handout for owners with recommendations for conserving water in their homes. The resort has recently completed plans for a newly designed front entrance and renovation of the family pool. Plans are also being solicited for remodeling and updating the large pool on the island. The resort is using CAI Business Partners for many of their services including Gen Wrangler with Fiore, Racobs and Powers; Frazier Pest Control, Patton Door and Gate and Asphalt MDs. The community is currently managed by Albert Management. Wendy C. Coyne, CCAM, was hired as the onsite Resort Manager in 2016. She says, “I have found that the resort is a place where people from so many places call home. They come here because they enjoy the family that they have cultivated here. The resort is a place the residents truly enjoy living life with their neighbors.” The thing she enjoys the most is how active the residents are in their community. Wendy can be reached at 760-347-7749 or Wendy.Coyne@albertmgt.com. 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 November, 2016
Y LE
th
GB
VERSA
ETTER COMM
S
IE
R
Y
2016
IT
IL
NI
N
BU
A IN
VA L
35
CO A
COM M U
E CH
TE ITU ST
1981
D
CAI NATIONAL
CIATIO ASSO NS TY IN NI L LA
UN
CAI COACHELLA VALLEY CHAPTER 1996 (TWENTY YEARS AGO)
Over the past 35 years, CAI-CV has realized its vision of becoming the authority on common interest developments in the Coachella Valley. CAI-CV wants to thank the hundreds of volunteers that have steered and mentored the chapter. Many members who were active with the chapter twenty years ago are still active today, as demonstrated from these pictures from the November, 1996 issue of Quorum Magazine. More than half of the CAI-CV leaders listed twenty years ago, under the leadership of then President Carol Fulton, are still active today. Few organizations can boast about this type of loyalty. CAI-CV is grateful to all our volunteers for their service. Together, we are building better communities.
The following article contains the first of four reports published in the Community Next brochure by CAI National. The next section will be published in the December issue of Quorum.
COMMUNITY NEXT
2020 AND BEYOND Envisioning the future of community association living, governance and management
FOR MORE THAN 40 YEARS, CAI has educated, advocated, published and informed people living and working in common-interest communities. Thanks to those ongoing efforts, we have a strong and valuable understanding of community associations today. But what do we know about the challenges and opportunities that await common-interest communities in the years to come, and what can we do now to minimize uncertainty and elevate our collective ability to manage the future? With these questions in mind, CAI embarked on Community Next: 2020 and Beyond, an initiative launched in 2015 to define the future of the community association model. Comprising four panels, fifty community association volunteers, community managers, management company executives, association attorneys and other business partners, subject matter experts in state and federal law, and others tackled topics like: • How community associations will evolve SEPTEMBER 2016 • How best practices in governance and management are likely to change over time
© COMMUNITY ASSOCIATIONS INSTITUTE
• What the inevitable changes will mean for the association management profession • How decisions by legislatures, regulators and the courts will affect the way associations function • How external trends and opinion leaders will influence the future of associations At some level, each panel recognized that education, changing demographics, outdated documents, qualified volunteers, technology, reserves, public perception and stakeholder partnerships would be the key issues in all aspects of community association living in the next 15 years. The result of this lengthy initiative are four Community Next: 2020 and Beyond reports, including Association Governance Model, Community Management, External Influences and Public Policy Paradigms that represent the best thinking of several dozen CAI leaders and nonmember community association stakeholders. CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
13
FEATURE
Association ledoM ecnaGovernance nrevoG noitModel aicossA
A
A
srettam ni noitcetorp fo erusaem emos htiw stcejorp s common-interest )sCcommunities IC( seitinumm (CICs) oc tseretni-nprojects ommocwith s some measure of protection in matters . l o r t n o c l a r u t c e t i h c r a s a h c u s such as architectural control. continue to become r e p an r e even g r a l n larger e v e n a pere m o c e b o t e u n i t n o c Key Conclusions snoisulcnoC yeK eb ot mees stnemeriuqer elbixefl erom centage esehT of the U.S. housing ,tekrammarket, gnisuoh .S.U eht fo eThese gatnec more flexible requirements seem to be z One Size Does Not toN seoD eziS enO z -inummoc eb dluohs sseccus siht dna ,llewlegislators gnikrow and the ocourts and this success should be communin evahwill lliwhave struno oc eht dna sworking rotalsigewell, l Fit All llA tiF -ilapicinum ,yllaedI .serutalsigel echoice tats rehbut to otot dreform etac current etatstatutes ilicaf ot to setfacilitate utats tnerruc mcated rofer otot tother ub ecistate ohc legislatures. Ideally, municipaliz All Volunteers toN erA sof renew, etnulsmall oV llA z llam s ,wen fo tAre nemNot poleved eht both troppgrowth us dluow eit industry and in sthe eht tto ceflreflect er ot dthe na yrtsudni eties ht nwould i htwosupport rg htob the development Created Equal lauqE detaerC eerf eb dluoc stnempoleved llamsgovernance dna ,seitinurealities mmoc facing ,reassociations. vewoH .snoitHowever, aicossa gnicaf scommunities, eitilaer ecnanrand evogsmall developments could be free z Developer spihsnoiif tathey leR rewish. poleveD z .hsiw yRelationships eht fi snoitaicossa yrathe tnupanel lov hsifelt lbatstrongly se ot that d toorestablish these luoc changes segnahc could eseht taht ylgn ts tlef lenvoluntary ap eht associations are Key yeK era -imile rehtien ,revewoh ,snoitpbe mebrought xe yrotutabout atS earlier through however, neither elimidetartneacconcentrated noc a hguorht reilrae tuStatutory oba thguoexemptions, rb eb z TheoImportance fo ecnatrnor opm I ehT z d ron ,stnemofucod gninrevogeffort rof dby eenthe ehcommunity t etan nate documents, do association —yrtsudnindustry— i noitaicossa ytinum mocthe ehneed t yb trfor offgoverning e dnissue a seior dutchange S evresthe eR eReserve ht egnahStudies c ro eusand si lluf eht sserdhomeowners, da yletauqedamanagers, yeht the full business dna ,srpartners, entrap ssand enisub ,sregathey namadequately ,srenwoemoaddress h Funding gnidnuF reffo thgim ledom tahT .ledomCAI s’noiand taicoits ssaconcert llams affiliates, eht ,Psuch RAAassaAARP, hcus ,sthe etailfifa trsmall ecnocassociation’s sti dna IACmodel. That model might offer z Future tnedisreserve eR erutuF z ev reResident ser ,stnemucod ”delacs“ rNational o euqinu Association ,tnereffid of Home or “scaled” documents, )BHAN Builders ( sredliu(NAHB) B emoH fo nodifferent, itaicossA unique lanoitaN Demographics Will lliW scihpargomeD ssChange eccuS .srEverything ebmem draob fo rebmuand n rothe stnNational emeriuqeAssociation r number of board members. Success .)RAN of(Realtors srotlaeR(NAR). fo noitaicossArequirements lanoitaN ehtordn a gnihtyrevE egnahC rof sledom ecnanrevog dexaler ni dnuof eb thgim might be found in relaxed governance models for z Technology is a Priority ytiroirP a si ygolonhceT z .snoita» icoCREATE ssa llams eWAYS rutuf TO future small TCADDRESS NITSID SSDISTINCT ERDDA OT SY AW E TAEassociations. RC » z Law gnittiwnU large-scale srekaM waL z elacMakers s-egral Unwittingly ,murtceps eht fo dnNEEDS e rehto ehOF t nO OnFO theSother end of theylspectrum, ASSOCIATION SIZE EZIS NOITAICOSSA DEEN melborPgiven etautrise epreto P oPerpetuate t esir nevigProblems ydaerla evah erutuf The eht fcommunity o snoitaicossassociation a fo legovernance dom ecnanrmodel evog nof oitaicossassociations a ytinummoof c ethe hT future havesalready lanoisseforp eht—redivorp ectoday iv res fdoes o epynot t wefit n aall associations. ofyservice ti ,noisnetBy xe yextension, B .snoitaicitossa llaa tnew fi tontype seod adot provider—the professional -moceb si tnemeganam ytinemAwill .regnot anam tineassociations ma fit ythe tuof ohthe tiw future erutuf without eht fo snoitaicoamenity ssa eht tmanager. fi ton lliwAmenity management is becom-nam ytinummoc ynam fo tcepchanges sa tnacfiiin ngstate is a gstatutes, ni stnin of many community manemmunicipal eriuqer laprequirements icinum ni ,setutaing ts eatasignificant ts ni segnahaspect c a eriuqer seod ti ,revewoH .snoand itpirin cseassociation d boj ’sregagoverning documents. However, it does require a .stnemucod gninrevogagers’ noitaijob cossdescriptions. a ni dna lanoitidart naht egdelwonk dna tes llAssociation iks tnereffidsize is -naocdistinction modles noseldom itcnitsidcona si ezisdifferent noitaicosskill sA set and knowledge than traditional snoitaicossa elacs-egraL .tnemeganam ytinum oc Large-scale associations sidered bymlegislators, ndevelopers eve dna sreand poleeven ved ,srotalsigcommunity el yb deredimanagement. s ro sreganam htiw tcartnoc ylekil lliw ecommunity rutuf eht fo association s’ tI .sprofessionals. lanoisseforp nIt’s oitaicossa of ytithe numfuture moc will likely contract with managers or -irepxe defiilauq evah taht seinapmoc tneno mesurprise, ganam therefore, seitilap that icinmunicipalities um taht ,erofereht ,emanagement sirprus on companies that have qualified experi-inema rieht lles ro tnemeganam ytinemrequire a ni ecndevelopers e management or sell their amenisnotoitacreate icossaassociations etaerc ot srepoleveence d eriin uqamenity er fo egatnecrep a yap dluow ohw seitrap drifor ht oeven t seitthe smallest -ossa eseprojects. hT .stcejThese orp tseassollams ehtties nevto e rthird of parties who would pay a percentage of .noitaicossa eht ot ciations sgninraeare then gnin saddled revog hwith tiw dgoverning elddas neht eraearnings snoitaic to the association. documents and-lbecome erri ot tcsubject ejbus em tooirrelceb dna stnemucod evant riehcreate t ot seobstacles lcatsbo etto aetheir rc taht sed» ocINNOVATE tnave GNIGNAHC TEEM OT ETAVO NNIcodes » that TO MEET CHANGING owassociations, t ,snoitaicosstwo a llams nI .snVOLUNTEER oitarepo SELOR REEToperations. NULOV In small ROLES problems snedruare b ehthe t erburdens a smelborp tsegAll gibassociations eht fo ot sreetnulov defiilauq-llew deen snoitaof icothe ssabiggest llA need well-qualified volunteers to members fo eussi eand ht dthe na sissue rebmof em draoserve b no don ecatheir lp boards. Savvy future developers as sa srepoleved erutuf yvvaS .sdraob rieplaced ht no eon v reboard s .sev reser well dednas ufexisting rednu associations should be encouraged degaruocne eb dluohs snoitaicossa gnunderfunded itsixe sa llew reserves. Although associations laicnanfi klack cal snfinancial oitaicossa ynam guminimum ohtlA ,eciv res draob rof stnemeriuqer mum inim tes omany t to hset requirements for board service, -gathese m erachallenges segnellahcare esemaght ,secruosuch ser reaseteducation nulov dna level, professional experience, ,ecneirepxe lanoisseforp ,level and noitvolunteer acude sa hresources, cus -kam Associations, wal ,snoitaicolawmakssA .snoitaicoprior ssa llleadership ams ni defipositions in -dercca ta ecnadnetta dna snoitisonified p pihsinresmall dael roassociations. irp and attendance at accredlliw of ethe rutufuture f eht fwill o sreganam d na sboard repoleeducation ved ,sre programs. .smargorp noers, itacdevelopers ude draob dand eti managers ited ssaburdens eht fo snofedthe rubassoeht esae ot syAt aw some dnfi opoint, t deenboard expertise and qualifica-acfiilauq dna esitrepxe draobneed ,tnioptoefind mos ways tA to ease-othe small ,yllaassociations. edI .snoitaicoIdeally, ssa llams yrevtions rof lwill edom noito taibe c controlled more carefully. As sA .ylluferac erom dellortnoc ebciation ot evamodel h lliw sfor noivery t have tnbe aveexempt lerri mofrom rf tpmirrelevant exe eb dluowsome snoitalready aicossa ldo, lamgoverning s erutuf eht fo stnemucod gninrevosmall g ,od yassociations daerla emoswould documents of the future state statutes. fo srepAnd olevedevelopers d dnA .setof utats etamay ts etacontain irporppprovisions ani ro lavomer citamotua eht rof snoisor ivoinappropriate rp niatnoc yam for the automatic removal would eht fobederelieved veiler ebofdthe luow snoitof aicinadequate ossa llams eboard seht members. In the absence of fo ecnesba eht nI .srebmem dthese raob esmall tauqeassociations dani fo anaassociation sselnu noitunless aicossaana hsilbaqualified tse ot tnevolunteers, meriuqer communities in the future will lliw erutuf eht ni seitinummoc ,srequirement reetnulov defitoilaestablish uq evitcare irtsbuilt. eR .tlRestrictive iub era semoh fo likely rebmuexplore n mumcreative inim alternatives to seating com-moc gnitaes ot sevitanretla eviminimum taerc erolpnumber xe ylekil of homes gnomawould eb dlube owamong snoitcirtser dpetent eed dnboard a stnanmembers, evoc -seforp ot gninrut sa hcus ,srebcovenants mem draoand b tnedeed tep restrictions such as turning to profesesehhomeowners t ni srenwoeminohthese edivorp tasional ht sevboard itanretmembers la eht .ledom etaroproc a ro srebthe mealternatives m draob lanthat ois provide or a corporate model. 14
4G Rx OCOMMUNITY . E N I L N O I A C .W NEXT WW
2020 AND BEYOND
Quorum November, 2016
D N O Y E B D N A 0 2 0 2 TWWW.CAIONLINE.ORG XEN YTINUMMOC x 4
Some associations in the future might pay a modest stipend to board members, similar to what city council members receive. Although such stipends would create an incentive for residents to volunteer, they would not ensure competence, which only will be achieved by requiring board members to attend accredited board education programs. Eventually, state or local government statutes and ordinances also may require formal board education. While mandatory requirements may reduce the number of people who volunteer, they will also eliminate at least some unsuitable candidates. Board members—both now and in the future—also need solutions for policing residents’ behavior. Even when public laws are broken (nuisance, malfeasance), municipalities frequently claim, “It’s a private matter; take it up with your board.” Many people who are new to association living, and especially those who have different cultural paradigms, have difficulty comprehending the idea of neighbor “police” enforcing rules they don’t know about or don’t understand. Board member performance in this area will be enhanced by training in mediation, dispute resolution and talking to people informally to work out problems. Professional mediators, establishing more formal “law enforcement” style divisions for the association and outsourcing rules enforcement to professionals are additional solutions boards might employ. Other associations might update their governing documents to include a standing community relations committee, turn to local government entities or to private sector resources more frequently for fee-based alternative dispute resolution before embarking on rules enforcement proceedings, and they may make use of government liaison programs or ombudsmen to field questions from homeowners. Finally, board roles will be impacted by the presence of millennials at the board table in the next 10 to 15 years. As a group, millennials are civic minded and want to have an influence in shaping their organization and its future, but they distrust institutions. Under the current association model, millennials’ influence is limited, therefore the environment must be less governmental and more flexible and social to gain their participation in the future.
» STRENGTHEN ALLIANCES WITH DEVELOPERS
Today’s community association governance model is a product of state and local statutes, ordinances, planning board requirements and the influence of developers who are required by those statutes and government entities to create associations in the first place. The success of these associations rests squarely on the quality of the documents that these developers file. Unfortunately, however, many developers and their attorneys don’t focus on the future operational and governance needs of the association after the developer departs. In fact, developers are unlikely to be aware of problems that arise later from cookie-cutter or anti-
WWW.CAIONLINE.ORG
quated documents that don’t address the unique needs of a particular association. Raising the consciousness level of developers will require effort and time. Unless and until filing and approving governing documents becomes as detailed and specific as site plan approval, making sure governing documents are relevant and appropriate will be an ongoing education project. Developers need to understand that drafting appropriate documents in the beginning is far better than amending inappropriate documents later. Most important, developers need to appreciate the unique opportunity they have, not just to improve an association’s governing documents, but to improve the quality of life in their developments for years to come. Connecting with developers and their attorneys early in the process is vital but challenging in accomplishing these imperatives. Working with other key groups such as NAHB and the American Bar Association (ABA) is an obvious first step, with further discussions and outreach needed. In the interim, however, CAI—through the College of Community Association Lawyers (CCAL) and with financial support from CAI’s President’s Club—might consider developing an updated model governing documents that includes flexible provisions. These new model documents should be made available to developers’ attorneys along with an explanation of why flexible provisions should replace those that are contained within their current “standard” documents. At the very least, developers and their communities would benefit from a checklist of appropriate ways to draft these enlightened governing documents. Moreover, CCAL, in conjunction with the ABA, might develop variable checklists that cover the many possible exigencies in various types of communities. Another model that might be considered would be “flexible” documents. For example, documents could be written so that only some provisions are fixed and as many sections as possible are flexible. This would provide protections for developers through transition, while leaving remaining sections customizable by the owners after transition. An additional challenge that compounds the problem discussed above is the misperception among developers and others that real estate attorneys are the appropriate professionals to draft and file documents establishing CICs. While many real estate attorneys excel at CIC law, they are the exception, not the rule. Too many understand too little of a community associations’ unique nature. Developers must be educated about the value of retaining attorneys who specialize in CIC law. Likewise, real estate attorneys need to understand the value of collaborating with CIC CAI-CV.org
COMMUNITY NEXT 2020 AND BEYOND
facebook.com/CAICV
twitter.com/CAI_CV
x 5
15
16
FEATURE
attorneys or of gaining a deeper understanding of CIC law themselves. It’s an excellent step toward this end when CCAL fellows work with the ABA to achieve recognition for CIC law. Furthermore, we need to require that only attorneys qualified in CIC law be allowed to draft documents for new communities, and developers and prospective attorneys should be required to sign an affidavit attesting to the attorney’s knowledge of CICs and CIC law.
» RECOGNIZE THE NEED FOR RESERVE STUDIES
Despite their obvious value, inadequately funded reserves remain the biggest challenge for nearly all community associations. Recent economic conditions have severely diminished many associations’ reserves, and few have been able to catch up. These same economic conditions slowed the housing market in many parts of the country and increased the time from groundbreaking to turnover from three to 10 years in some instances. Developers who now face an extended sales period have little incentive to fund reserves. Instead, some developers fund reserves just before turnover, while others follow best practices and fund reserves according to the reserve study recommendations. Still
by precipitous assessment increases or by the special assessments that are required to make up the reserve fund shortfall. If developers, legislators and other key players truly understood the costs to run an association, they might take a different approach to funding reserves before transitioning an association to homeowners’ control. It’s a woefully common scenario to see an individual or family stretch their financial envelope when buying a new home, only to lose that home when they get hit with hefty annual assessment increases or special assessments. This is one reason why the Federal Housing Administration (FHA) has placed special requirements on reserve funding in its loan approval process. It’s unfortunate that this requirement currently applies only to condominium mortgages. Homebuyers’ understanding also is integral to the financial health of community associations. The process of buying a home does not foster homeowner understanding of the nature and obligations of living in a community association. Most association financial woes could be reduced significantly if homebuyers had access to unambiguous, understandable documents and more disclosure before they purchase.
Despite their obvious value, inadequately funded reserves remain the biggest challenge for nearly all community associations. others believe the newly established homeowner board is responsible for funding the reserves, and the new community effectively starts out with an inadequate reserve fund. Subsequent assessment increases are necessary to catch up reserve funding, which then creates a financial burden for new owners. Although many state statutes now require associations to conduct some type of reserve study, a number of these same statutes also include loopholes and exemptions that allow associations to forego funding reserves. State reserve laws and governing document requirements notwithstanding, many associations are not adequately funding their reserves. For very small associations with no amenities and no structural maintenance requirement, there may be no need for reserve funding, and any such state requirement should be relaxed or eliminated for those associations. The Uniform Common Interest Ownership Act (UCIOA) exempts homeowners associations with fewer than 25 units from the reserves requirement. Uninformed homeowners perceive reserves as increased financial burdens rather than financial protections. These homeowners remain unaware of the financial burden that a future special assessment may cause them and their neighbors. Conversely, informed homebuyers know exactly what a small reserve fund means—potential special assessments or escalating assessment increases—and they will go elsewhere to find a home. But these buyers are likely to remain a minority. Older residents living on fixed incomes are particularly hard hit 6 x
COMMUNITY NEXT 2020 AND BEYOND
A rating system for association finances—including reserves—is being developed and soon will be included on the multiple listing service (MLS). While this is a good start, a oneor two-page disclosure checklist, possibly created as a joint project of CAI, NAHB and NAR, would be valuable as well. Market incentives may be more effective than regulation, which tends to have loopholes or lead to lawsuits. The panel recommends that CAI pursue joint ventures with NAR, NAHB and other organizations not only to create meaningful financial rating systems but to educate their members about using the system to everyone’s advantage. It would be beneficial to provide financial and operational information to assist the potential buyer in selecting a home in a community that most closely fits his or her economic, social and cultural needs.
» ADAPT TO CHANGING DEMOGRAPHICS
An aging population will bring several key developments to community associations. Naturally occurring retirement communities (NORCs) will proliferate in the next 10 to 15 years. Many associations will find themselves evolving into assisted living facilities, even though they’re not prepared for the additional burdens that will be placed on them by aging residents. Many governing documents contain restrictions on use or other provisions that preclude providing additional services to certain members such as the elderly. Nevertheless, aging residents will expect—perhaps CAI-CV.org
facebook.com/CAICV
WWW.CAIONLINE.ORG
twitter.com/CAI_CV
17
FEATURE ASSOCIATION GOVERNANCE MODEL
demand—that associations make it possible for them to remain in their homes. Consequently, future associations may have to depend more on outside services to meet the needs of older residents. These needs will include not only the activities of daily living (ADLs)— which are basic self-care functions like eating, bathing, dressing, toileting, transferring (walking) and continence—but also will often require support to provide for the instrumental activities of daily living (IADLs), like managing finances, preparing meals and providing transportation. Aging in place is by far the preference of older residents, and access to support for both ADL and IADL is key to allowing them to do so. Managers and community association professionals will need to prepare their association clients for the accelerated changes in NORCs. Some older residents may require roundthe-clock (live-in) caregivers—both contracted healthcare providers and also family members, a requirement that may create a conflict with association occupancy requirements. Group homes, for example, might run afoul of single-family home requirements. Scheduled (drop-in) caregivers will create increased traffic and a need for additional visitor parking. The same holds true for deliveries and medical services that will increase the need for shortterm parking or concierge services from the association. Millennials will have a profound influence on the housing market in general and community associations in particular. In roughly 15 years this demographic will be 33 to 49 years old and in need of housing. Millennials grew up during the recession, lived through the instability of the housing market collapse, and many saw their parents lose their homes to foreclosure. Consequently, they may be less committed to the future and putting down roots and more likely to rent. Their impact is likely to motive lenders to create new tailored products—rent-to-own mortgages and portable mortgages—that follow buyers as they move about. Millennials also tend to make decisions informally, using lots of email and texting—methods that boomers will regard as slapdash. Boomers will adhere to the board meeting concept that millennials will find tedious and unnecessary. Many governing documents have bare minimum requirements for meetings and transparency that millennials will want to enforce. However, millennials are likely to find these requirements outdated and impractical in a few years; they are likely—eventually—to amend documents and association procedures manuals to provide for fewer meetings, decision-making by email or text, and homeowner engagement via social media. Ethnic changes also will drive developments. According to the Pew Research Center, by 2060, Hispanics and Asians will make up 39 percent of the U.S. population—almost double the percentage in 2015. Language and cultural differences in the 18
WWW.CAIONLINE.ORG
Quorum November, 2016
»
general population will require equivalent changes in association management and governance to prevent disenfranchising these homeowners. Hispanic, Asian and other ethnic association managers will be in demand, and bilingualism will be a valued job requirement. In all likelihood, it will be easier (and more practical for peaceful association living) to provide multilingual governing documents, rules, newsletters and websites to residents than to expect them to learn English.
» ADDRESS TECHNOLOGY NEEDS
As younger residents populate communities, associations will find it imperative to accommodate electronic communication and conduct business online. In addition, associations need to pay close attention to cybersecurity. Many associations have substantial reserves and a wealth of personal data and are vulnerable to cyberattacks. Upgrading technology and hiring specialists to conduct security audits will be essential.
» INCREASE LAWMAKERS UNDERSTANDING AND
AWARENESS Most legislators do not thoroughly understand common-interest communities or who their patchwork legislation is actually protecting. Legislators too often shoot from the hip, passing laws that ricochet and cause collateral damage. And they will continue to do so in the future unless the CIC interests undertake vigorous lobbying and education programs and awareness campaigns to enhance their understanding. It’s likely that increased legislative attention to CICs in the future will exceed volunteers’ capacity to advocate on associations’ behalf. As community associations become a larger issue for legislators, boards and their associations increasingly will need a voice—their own professional lobbyists—to advocate for them in the state legislatures and local jurisdictions. While CAI plays a large role in advocating for associations, it is possible that management companies and homeowners may arrive at a point in the future where they require lobbyists representing their specific interests. Eventually, CAI’s leaders will need to take a hard look at the conundrum of advocating on behalf of community associations and board members when there may be CAI members on opposite sides of a legislative or legal issue. FINAL THOUGHTS The success of an organization is fundamentally impacted by its ability to govern effectively. Stakeholder understanding of the current landscape and future developments can create innovative approaches to remedy key issues. Building effective relationships with key groups will further advance the cause to have flexible, responsive, financially healthy and well-run associations. COMMUNITY NEXT 2020 AND BEYOND
x 7
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
760-250-6232
Peggy@PeggyRedmonLaw.com
Contractors Lic. # 235717
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
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 CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
19
CHAPTER EVENTS
October 14th Lunch Program Liability Insurance for Association Directors & Officers GUEST SPEAKER Joel Meskin, Esq., CIRMS, CCAL, MLIS, Vice President, Community Association Insurance & Risk Management, McGowan Program Administrators
20
Quorum November, 2016
CHAPTER EVENTS See article from Joel Meskin on page 22
THANKS TO OUR PROGRAM SPONSORS All Counties Fence and Supply Aloha Bin Cleaning AMS Paving Blue Sky Landscape CBCI Construction Conserve LandCare Diversified Asphalt EmpireWorks Flood Response Frontier Communications Horizon Lighting Nissho of California NPG Asphalt Pacific Western Bank Peters & Freedman, LLP Prendiville Insurance Agency PrimeCo Pro Landscaping Robert A. Owens, CPA Roof Asset Management Three Phase Electric Union Bank Vintage Associates Western Pacific Roofing
MEDIA SPONSOR KESQ NEWS CHANNEL 3 ABC
SPOTLIGHT TABLE SPONSORS EmpireWorks
PEN SPONSOR Accurate Leak Locators
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
21
EVENTS
Who Wants to Be a Fully Protected Community Association, the Claim Game is Back By Joel Meskin, Esq., CCAL, CIRMS
I
n March 2007, I had the pleasure of playing the Claim Game with the Coachella Valley CAI Chapter. Now almost 10 years later, we get to play again on October 14, 2016. Most people choose to live in a community association to protect their two greatest assets, their home and their lifestyle. This protection is accomplished by three basic tools. The first is the governing documents (Articles of Incorporation, CC&Rs and By-Laws). The second is a Risk Management Program. Third is
a board of directors and a community association manager. The Community Association whether a condo, townhome or a single family homeowners association is a legal entity. A separate legal entity must be managed by a natural person(s) such as a volunteer board of directors. The board of directors is the risk manager of the community association. Those who
Community Association Manager
Contractual Duties Extra Contractual Duties Vendors
Board Decides & Delegates
RISK MANAGEMENT TEAM
Attorneys
Accountants
Professionals
Insurance Agents
Volunteers
Reserve Specialists Bankers
22
Quorum November, 2016
are familiar with the board’s duties and obligations (often referred to as their “fiduciary duty”) understand that the key element of the duty is to put the association’s interest “above” the board member, or any other units owner’s or owners’ interest(s). The following is the board’s risk management team. Why is director and officer liability insurance (“D&O”) necessary? Every set of by-laws and/or declarations of covenants, conditions and restrictions include a provision that the volunteer board members will be indemnified if their decisions or conduct is challenged in the course of their service unless it is grossly negligent or willful. If your documents do not have such a provision, immediately see a community association attorney. Community Associations are budget driven not for profit entities. Since “indemnification” of board members is not a budgeted item, it requires a funding mechanism. This mechanism is D&O. However, the consequences of board decisions and conduct are not always insured or insurable. (D&O is also a primary funding mechanism for the indemnity provision in the management agreement between the community association and manager. Tip: if something is not covered by a D&O policy, it will be covered by the association’s assets or a special assessment.) The board has two primary types of risk to manage. The first are “wear &
EVENTS tear. For all intents and purposes, these are the items set forth in the reserve study. These risk items are those items we know will wear out such as a roof, building paint and parking surfaces. These are not insurable risks under an insurance policy. I call a properly funded reserves study as insurance for the uninsurable risk. It ceases to amaze me that boards do not fund reserves as recommended. Unlike the insurance policy, the reserve study is not going to be non-renewed. However, it can give rise to a claim if it is not properly funded as a breach of fiduciary duty. Very often, the decision not to fund as recommended is to save unit owners money which is in direct contravention of the board’s fiduciary obligation. Pay a little now or pay a lot later! The second type of risk is “unexpected perils.” The unexpected perils, perils that aren't guaranteed to occur, are what are insured. However, just because the unexpected peril is the result of a board decision or conduct does not automatically mean it is covered under a D&O policy. First, not every peril is covered under a D&O policy as it may be covered under a separate policy. The most common perils that are not covered under the D&O policy are “bodily injury” and “property damage.” These are covered in the normal course under a general liability policy. In addition, costs to comply with fair housing or EEOC orders, the cost to redo an election or the cost to undo and/or correct an architectural variance decision would not be covered. Other perils that are not covered under some D&O policies are perils that are excluded, because the insurer chose not to include those perils, or because those perils increase the cost of insurance and the boards choose not to pay for the broader coverage. Very often, boards are not aware of the narrower coverage, because they do not demand that their insurance professional explain coverage to the board itself. The coverage that often falls into this latter category includes defense of alleged breach of third party contracts, defense of failure to obtain or maintain insurance, discrimination (including emotional distress damages from discrimination), employment practices liability, or those policies that still do not provide coverage for non-monetary claims. In addition to what is or is not covered under a D&O policy, there are some key policy definitions and procedural items that must be understood. These include what is a “Claim,” a “Wrongful Act” or a “Prior and Pending Proceeding Exclusion.” In addition, the D&O policies are “Claims Made and
WHAT ARE THE MOST COMMON D&O CLAIMS? BASED ON THE ABOVE, WOULD THESE BE COVERED? CLAIMS
COVERED
NOT COVERED
BODILY INJURY
X
PROPERTY DAMAGE (INCLUDING LOSS OF USE)
X
IT DEPENDS
X*
REMOVAL OF BOARD MEMBER
X*
DISCRIMINATION
X*
EMPLOYMENT PRACTICES LIABILITY
X*
ARCHITECTURAL APPLICATION DECISION
X*
AMERICANS WITH DISABILITY ACT
X*
EMOTIONAL SUPPORT ANIMAL
X*
ASSESSMENT CHALLENGE
X*
FORECLOSURE/LIEN
X*
BREACH OF THIRD PARTY CONTRACT
X*
FAILURE TO MAINTAIN OR OBTAIN INSURANCE
X*
CONSTRUCTION DEFECT CLAIMS
X*
DEFAMATION
X
*If the policy covers non-monetary claims it is covered and if the policy does not it is not covered.
Reported” policies. These provisions have dire consequences. These items are beyond the scope of this article. In conclusion, having insured 80,000 or so community associations nationwide and having touched between 5,000 and 6,000 director and officer liability claims, I have determined that there are two primary factors underlying most claims. First, most unit owners do not read the governing documents before closing on their unit. Second, the volunteer board members turn their positions into something it is not. Copyright © Joel W. Meskin 2016 Joel W. Meskin, Esq., CCAL Fellow, CIRMS, MLIS is V.P. Community Association Insurance and Risk Management, McGowan Program Administrators. He has a CIRMS designation and is a Fellow of the College of Community Association Lawyers (CCAL). He also has obtained the MLIS designation from the International Risk Management Institute, Inc. as a Management Liability Insurance Specialist. He is in his second term on the National Community Associations Institute Business Partners Council holding the Insurance Professional position. Joel is a member of the Foundation for Community Association Research, Think Tank. He along with McGowan Program Administrators is a National Corporate member of all chapters of the Community Associations Institute. Finally, along with the foregoing, he is a prolific author and speaker on community association insurance and risk management topics and leads two LinkedIn Discussion groups, “Directors & Officers Liability Insurance, Are You Properly Insured?", and Community Association Management Company Liability, Protecting Your Risk.
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
23
ABOUT CLAC
CLAC
2016 Accomplishments
Each year, CAI’s California Legislative Action Committee (CLAC) monitors legislation introduced by the California Legislature in Sacramento. Dozens of bills are introduced that impact common interest developments. CLAC reviews these bills, takes positions and lobbys them with support, opposition or with proposed amendments. The following list from 2016 shows recent legislation, CLAC’s position, and the final outcome. Call the CAI-CV office with questions about CLAC and CAI’s legislative activities. AB 1720 (WAGNER) – ATTORNEYS AT BOARD MEETINGS As Introduced: This bill was sponsored by the Council of California Bar Associations and would have required community associations to let lawyers and other representatives attend Board meetings and speak on behalf of their homeowner clients – even in the midst of litigation, and without the permission of the association’s own attorney. POSITION: Oppose RESULT: Defeated in Assembly Committee on Housing and Community Development. Industry Impact: Under the Common Interest Development Open Meeting Act, community association members are allowed to attend and speak at general session association board meetings, whether or not they are involved in a dispute with the
24
Quorum November, 2016
Association. However, boards are not compelled to allow homeowners’ lawyers to attend or speak. Ethical rules prohibit a lawyer from talking directly to the opposing party, including the board of a corporation, without the permission of that party’s lawyer. Because of AB 1720’s defeat, association boards may continue to conduct business without concern that the attorney for the other party to a dispute will attend board meetings, argue their case to the board and other members, and obtain information to use in pursuing litigation. Associations won’t feel the need to have their lawyers attend board meetings, in case an opponent’s lawyer shows up. SB 918 (VIDAK) – HOMEOWNERS’ MAILING ADDRESSES As Introduced: SB 918 requires owners to report their current addresses annually, upon request by the Association. POSITION: Support RESULT: Signed into law as new Civil Code section 4041, effective January 1, 2017. Industry Impact: Community associations can now be confident they have accurate addresses for mailing or delivering association documents to members who may not live in the association. Associations must request this information, and if owners do not respond associations may send documents to the owner’s address in the association. AB 2362 (CHU) – NOTICE OF PESTICIDE APPLICATION As Introduced: This bill requires associations to notify owners and tenants when someone other than a licensed pest control operator is to apply pesticide. (Licensed pest control operators are already required to provide this
notice.) As introduced, the bill would have required associations to provide written notice to tenants and owners in all cases by mail, electronically, or by personal delivery. POSITION: Seek to amend RESULT: The bill was amended to allow associations to post notice of the pesticide application in the area to be treated, and was signed into law by the Governor, effective January 1, 2017, as new Civil Code 4777. Industry Impact: In the relatively unusual situation where an association has an unlicensed person apply pesticide, the association must now be sure notice is posted in the area to be treated. Because of CAI’s negotiations with the bill’s author, associations won’t be required to identify renters and mail or deliver notice to them individually. AB 1963 (CALDERON) – CONSTRUCTION DEFECTS As Introduced: The Davis-Stirling Common Interest Development Act includes pre-litigation dispute resolution procedures to be followed by community associations before filing suit for construction defects. The law had a “sunset” provision, terminating its provisions effective July 1, 2017. This bill extends the law to January 1, 2025. POSITION: Support RESULT: AB 1963 was passed by the legislature and signed by the Governor. It amends Civil Code section 6000. Industry Impact: Passage of this bill continues the “Calderon Process,” which allows associations and developers one way to attempt to resolve disputes arising out of construction defects. The process is particularly helpful where existing buildings have been converted to condominiums.
As a full service law firm, our services include: • Board Education & Fiduciary Compliance • Governing Document Interpretation • ADR & IDR • CC&R Restatement & Amendments • Assessment Recovery • Writs & Appeals • Litigation – Enforcement & Defense • Construction Defect / Reconstruction • Contract Negotiation San Diego Area: 760.436.3441 Coachella Valley: 760.773.4463 Orange County: 949.390.2977 www.hoalaw.com
mail@hoalaw.com
Please contact us for a free consultation on how we can help your association!
MEET THE COMMITTEE CHAIR JULIE FRAZIER BUSINESS PARTNER COMMITTEE
By Erin H. Fujioka Julie Frazier, owner of Frazier Pest Control, has been living and working in the Coachella Valley since 1985. She moved here from West Covina after her sister convinced her to make the big move following graduation. Julie’s sister had been living in the Coachella Valley since the early 70’s, where she managed an escrow company that Julie would begin working for after becoming a Valley resident. Julie worked in the title and escrow industry conducting outside sales for the title portion of the company for over 26 years. Julie and her husband, Joe Frazier, opened Frazier Pest Control in 2000. They will be celebrating their 31st wedding anniversary in December! Julie and Joe enjoy spending time with their family. They have one son and daughter in-law, Joey and Carlee, who both work for their family business. Although their immediate family is just the four of them, they love their extended family and are proud of the 19 great nieces
and nephews that they have from their siblings! During their downtime, Julie and Joe enjoy camping as well as spending time with family and friends. They enjoy taking long road trips; they recently completed a 10-day trip traveling through Bishop for fishing, heading through Tahoe, San Francisco, Big Sur and then finally, Santa Barbara, before heading back home. Julie has been an active member of CAI since 2012 and has served on the Bowling Committee, Golf Committee, Casino Night Committee and is currently serving as the Business Partner Committee’s chair. In addition, Julie is currently serving as a Board Member for the Cathedral City Chamber of Commerce, is an active member of the Palm Springs and Palm Desert Board of Realtors as well as being an Ambassador for the Cathedral City Boys and Girls Club. Julie’s most influential person was a dear friend, Pam, whom she had worked with at the title insurance company and who was like a second mother to her. During their time working together, Pam provided perfect words of wisdom, advice and inspiration to grow as a person and as a professional business woman. She taught Julie to challenge herself, believe in herself and most of all, always try to accomplish the impossible!
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
25
EVENTS OCTOBER 7TH
Manager on the Run Manager Professionalism – How to Achieve Successful Communities Guest Speaker Robert A. Felix, CMCA, LSM, PCAM, RS, Regional V.P. for Associa By Cari Burleigh
The definition of professionalism is not the ability to do things easily, rather the ability to make it look easy. It takes a lot to make a community successful. Managers must balance a wide variety of tasks along with a variety of people and personalities. Not only do managers take on the responsibility of meeting expectations of the community members, maintaining the financial strength of the community and solving concerns of the community, they also strive for positive growth, happy homeowners and effective boards. Rob Felix, Regional Vice President for Associa, discussed the importance of defining community success. Felix further discussed three basic types of board members with the most effective being defined as a “servant leader.” Servant leader qualities encompass listening, empathy, healing, awareness, persuasion, conceptualization, foresight, stewardship, growth and building community. Individuals who have these qualities are the servant leader board members who emanate authority versus power. Let’s be honest — Community management is not for the faint of heart but when it is going well, there is nothing that’s more rewarding. The October 7th MOTR event was sponsored by Epsten Grinnell & Howell, APC.
WELCOME ABOARD Pro V Construction
By Erin Klink, HOA Client Service Officer, Pacific Western Bank
Having been in the industry for 11 years, Pro V Construction joined CAI to promote the company throughout the HOA communities within the the Coachella Valley. Pro V Construction specializes in full-service, professional interior and exterior painting for both residential and commercial properties. They also specialize in new construction and home remodeling. They have a tremendously skilled team of employees comprised of professional and well trained tradesmen who are continuously enhancing their skills with the latest technology in painting and home construction. 26
Quorum November, 2016
At Pro V Construction, the number one priority is client satisfaction. They strive to provide clients with the highest quality in painting, home building, and remodeling. When you are looking for professional, clean and high-quality work for your home or business, Pro V Construction has the services you can trust! Please contact Pro V Construction located at 77810 Las Montanas Rd., Ste. 203, Palm Desert, California 92211, (760)565-1386, or e-mail contact@provalenzconstruction.com
Oct. 21, 2016 Indian Wells, CA
CAI
EVENTS
Legal
Forum CALIFORNIA COMMUNITIES OCT. 21, 2016 INDIAN WELLS, CA
A one-day event for California community managers, association board members, and homeowners sponsored by Community Associations Institute (CAI)—an international organization that provides information, education, and resources to the homeowner volunteers who govern communities and the professionals who support them. Critical updates on important legal requirements that impact how you work. Essential information on key legal developments that impact where you live.
Hosted by CAI’s eight California chapters and the California Legislative Action Committee
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
27
EVENTS
28
Quorum November, 2016
EVENT
CAI-CV is proud to have hosted CAI’s Statewide Legal Forum on Friday, October 21st. The Forum attendance included over 550 CAI members from eight California chapters. The event was at the beautiful and gracious Renaissance Indian Wells Resort & Spa. There were eighteen meetings all together over three days. Prior to the Forum on Wednesday, the California Legislative Action Committee (CLAC) held their Board meeting, and on Thursday, held their Annual Planning Session and their Benefit Fundraising Dinner. Also on Thursday, CAI hosted its CID Law Course. The Forum included an opening session, trade show and twelve outstanding educational sessions. Ending the three days of events, CAI-CV held their 35th Anniversary Oktoberfest Celebration with dancing to the Hofbrau Boys, great food and souvenir beer steins for all. CAI-CV wants to thank the hundreds of volunteers and sponsors who helped make this year’s Legal Forum the best ever! CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
29
EY
20
6
COACHELLA I VA CA
LL
1
CHAPTER EVENTS
I
AY
01
6
FR
D
30
OC
TOBER 2
Quorum November, 2016
2 , 1
CHAPTER EVENTS
TITLE SPONSOR
STEIN SPONSORS Diversified Asphalt United Paving PHOTO SPONSOR Accurate Leak Locators T-SHIRT SPONSOR G4S Secure Solutions BEER PONG TABLE SPONSORS EmpireWorks Flood Response Peters & Freedman Prendiville Insurance Agency Pro Landscape ServPro of Palm Desert Signarama Western Pacific Roofing GAME CUP SPONSORS Pacific Western Bank Powerstone Property Management Sunshine Landscape POLKA ENTERTAINMENT SPONSORS AMS Paving, Inc. CBCI Construction Epsten Grinnell & Howell, APC Lowenbrau Sponsors Diversified Asphalt Dunn-Edwards Corporation Fiore Racobs & Powers The Judge Law Firm WRISTBAND SPONSOR Associa Desert Resort Management GAME SPONSORS Adams Stirling J.B. Bostick Company Pacific Western Bank PrimeCo SCHOLARSHIP SPONSORS Bank of Southern California Blue Sky Landscape Conserve LandCare Fiore Racobs & Powers Patio Product USA BRATWURST SPONSORS Asphalt MD’s Farley Interlocking Paving Stones Fiore Racobs & Powers Frazier Pest Control G4S Secure Solutions LaBarre/Oksnee Insurance Law Office of Peggy Redmon Powerful Pest Management Seacoast Commerce Bank ServPro of Palm Springs/Indian Wells U.S. Security Associates MEDIA SPONSOR
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
31
WATER WISE
New Law Strengthens Water Conservation Regulations for Some Agencies By Katie Evans
A
new law giving water districts more authority to deal with water-wasting customers during an emergency won’t have a large impact locally because the Coachella Valley Water District (CVWD) has been a leader in this area and already has many of the provisions in place. The governor recently signed SB 814 stating that during future drought emergencies, local water agencies are empowered to determine which customers are using water excessively and to fine them up to $500. The new law goes into effect Jan. 1.
Districts will now have more authority in determining how excessive water users are identified and the methods used to discourage water waste. Those methods closely mirror what CVWD has in place, including: • Drought penalties for water use in the higher tiered rates, meaning water wasters pay more. • Water budgets tightened to eliminate “extra” water for turf scalping. • Written warnings to customers prior to the issuance of fines for violating emergency water use restrictions, many of which have or will become permanent additions to local regulations. The legislation was drafted to help districts without adequate regulations in place in the event of another drought emergency; new laws do not replace local emergency ordinances, many of which have become permanent water use regulations across California. The new laws give districts factors to determine excessive water use that mirror some of the factors CVWD uses to establish domestic water budgets. Here’s a comparison between SB 814 and a CVWD water budget:
32
Quorum November, 2016
The legislation changes the Water Code so that eligible water districts can consider: • Average daily use • Full time occupancy of households • The amount of landscaped land on the property • The rate of evaporation • Seasonal weather changes
CVWD’s water budgets factor in evapotranspiration and seasonal weather changes and: • The amount of water necessary to meet the indoor and outdoor needs of the household • Standard occupancy of 4 people, although customers can ask for an adjusted budget if actual occupancy is higher • Lot size is considered, with the assumption a percentage of that land is landscaped with up to 50% turf and at least 50% drought-tolerant plants While new laws allow for fines up to $500, CVWD is much less punitive in its approach. Fines, which start out at $50 per violation, are levied for violations of water-use restrictions such as cleaning a driveway with water from a hose or knowingly failing to replace a broken sprinkler; for a first-time violation, in lieu of paying the $50, a customer can attend an educational workshop on water conservation and the Coachella Valley’s water sources. CVWD has a long commitment to establishing policies and rates that encourage conservation and wise water use. The new law will help other agencies with their own efforts. Katie Evans is the Conservation Manager for the Coachella Valley Water District. She can be reached at kevans@cvwd.org or (760) 398-2661.
CHARITY
The Narrow Door
www.securitas.com/us/en
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.
By Tiffany Wright CAI-CVad.indd 1
11/29/12 2:02 PM
T
he Narrow Door is thankful for our partnership with CAI-CV. The CV Christmas Store has been able to provide wonderful Christmas gifts to thousands of children across the Valley that would not have had gifts otherwise. Since 2004, the Christmas Store has been inviting families to shop for free in a department store-like setting, allowing parents to choose the gifts for their children. The gifts are wrapped and the children kept busy so the Christmas presents are a surprise. Last year, 2015, we served about 1,300 families, which is 6,000 children. Imagine 6,000 children and their parents coming through one of the three Christmas Store sites. We try to give two gifts per child, a family photo and a food box for each family. Because many of us have so much, it is surprising to see mothers cry because they are holding a picture in their hand of their whole family. With the numbers alone, it is easy to see why your generous support is so important. Again, The Narrow Door is proud to be a part of a community that cares about the children in our Coachella Valley where their parents are struggling to provide shelter and food for them. We are looking forward to seeing how you bless these children this year and throughout the next. CAI-CV has chosen The Narrow Door as their annual charity that will benefit from donations raised at the Holiday Open House on Thursday, December 1st. If you would like to volunteer for The Narrow Door's Christmas Stores, contact them at www.thenarrowdoor. org or phone them at (760) 775-6200. Tiffany Wright 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. CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
33
Y LE
th
IN
VERSA
ETTER COMM
S IE
NI
GB
R
Y
2016
IT
IL
D
N
CASINO NIGHT TITLE SPONSOR
VA L
35
CO A
COM M U
E CH
TE ITU ST
1981 BU
Quorum November, 2016
CIATIO ASSO NS TY IN NI L LA
A
34
CA TO SI T N A O 80 L N L ’ IG S Y FR H C T ID A AY E W ,S LE ES EP B TE O RA M BE M R T 23 E IO ,2 01 N 6
SP M ON ED SO IA R
CHAPTER EVENTS
UN
CHAPTER EVENTS CASINO NIGHT TITLE SPONSOR AMS PAVING TEXAS HOLD’EM ROOM CHIP SPONSOR SUNSHINE LANDSCAPE GRAND JACKPOT SPONSOR VANTAGE POINT CONSTRUCTION MEDIA SPONSOR KESQ NEWS CHANNEL 3 CRAPS TABLE SPONSORS DUNN-EDWARDS PAINT FIORE RACOBS & POWERS ROULETTE TABLE SPONSORS ARTISTIC MAINTENANCE WESTERN PACIFIC ROOFING BLACKJACK TABLE SPONSORS ASSOCIA DESERT RESORT MANAGEMENT FRAZIER PEST CONTROL PRO LANDSCAPING, INC. PHOTO BOOTH SPONSOR ACCURATE LEAK LOCATORS TEXAS HOLD’EM BOUNTY SPONSOR SCT RESERVE CONSULTANTS VALET PARKING SPONSOR ASPHALT MD’S KENTUCKY DERBY SPONSORS NPG ASPHALT REY INSURANCE SERVICES ROOF ASSET MANAGEMENT ENTERTAINMENT SPONSORS LABARRE/OKSNEE INSURANCE AGENCY LAW OFFICE OF PEGGY REDMON FOOD SPONSORS CONSERVE LANDCARE SERVPRO OF PALM SPRINGS/INDIAN WELLS U.S. SECURITY ASSOCIATES SCHOLARSHIP SPONSOR BANK OF SOUTHERN CALIFORNIA
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
35
TRENDING NOW
These cash back amounts can change at any time. Discounts shown are as of Sept 2016. Source www.ShoppingForRebates.com
36
Quorum November, 2016
Advertisers ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP................................................. 19
ASPHALT AMS PAVING.................................................................... 16 ASPHALT MD’S.................................................................. 7 J. B. BOSTICK COMPANY................................................... 3 NPG ASPHALT.................................................................. 39
ATTORNEYS EPSTEN GRINNELL & HOWELL APC................................. 37 FIORE RACOBS & POWERS................................................ 6 GREEN BRYANT & FRENCH, LLP........................................ 4 GURALNICK & GILLILAND, LLP........................................ 39 LAW OFFICE OF PEGGY REDMON.................................... 19 PETERS & FREEDMAN, LLP............................................. 25
BANKING MUTUAL OF OMAHA BANK................................................ 4
CONSTRUCTION CBCI CONSTRUCTION...................................................... 33
ELECTRIC & WATER COACHELLA VALLEY WATER DISTRICT............................. 3
LANDSCAPING CONSERVE LANDCARE.................................................... 33 PRO LANDSCAPEING INC................................................... 2 SUNSHINE LANDSCAPE................................................... 25 WATERRITE - VINTAGE ASSOCIATES, INC....................... 39
MANAGEMENT COMPANIES ASSOCIA DESERT RESORT MANAGEMENT....................... 2
PEST CONTROL LLOYD PEST CONTROL.................................................... 38 POWERFUL PEST MANAGEMENT...................................... 2
POOL DECK RESURFACING CTI OF THE DESERT........................................................... 2
POOL WATER PURIFICATION PURIFIED POOL WATER..................................................... 3
ROOFING WESTERN PACIFIC ROOFING........................................... 19
SECURITY ALLIED BARTON................................................................ 6 AMS SECURITY................................................................ 19 SECURITAS...................................................................... 33
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
37
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 38
BADNEWSFORBUGS.COM
GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW Member of CAI and CACM
Legal Services for Community Associations • General Counsel • 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
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
39
41-905 Boardwalk, A-2 Palm Desert, CA 92211
CAI-CV 2017 CALENDAR CHAPTER PROPOSED EVENT DATES – BLUE CAI COURSES/EVENTS – GREEN HOLIDAYS – RED SPECIAL EVENTS – BROWN JANUARY 2 MONDAY 16 MONDAY 19-20 THURSDAY—FRIDAY 20 FRIDAY 23 MONDAY 26-28 THURSDAY—SATURDAY 27 FRIDAY FEBRUARY 3 FRIDAY 9-10 THURSDAY—FRIDAY 10 FRIDAY 20 MONDAY 23-24 THURSDAY—FRIDAY 24 FRIDAY MARCH 3 FRIDAY 3 FRIDAY 9-11 THURSDAY—SATURDAY 10 FRIDAY 23-24 THURSDAY—FRIDAY 24 FRIDAY 27 MONDAY APRIL 7 FRIDAY 14 FRIDAY 21 FRIDAY 23-24 SUNDAY-MONDAY 26 WEDNESDAY 28 FRIDAY MAY 1 MONDAY 1-2 MONDAY—TUESDAY 2 TUESDAY 3-6 WEDNESDAY-SATURDAY 18-19 THURSDAY – FRIDAY 19 FRIDAY 22 MONDAY 29 MONDAY JUNE 2 FRIDAY 8-9 THURSDAY-FRIDAY 9 FRIDAY 22-23 THURSDAY-FRIDAY 22-23 THURSDAY-FRIDAY 23 FRIDAY 26 MONDAY JULY 3-4 MONDAY—TUESDAY 13-15 THURSDAY—SATURDAY 14 FRIDAY 20-21 THURSDAY-FRIDAY 24 MONDAY AUGUST 4 FRIDAY 10-11 THURSDAY—FRIDAY 17-19 THURSDAY—SATURDAY 18 FRIDAY 24-25 THURSDAY—FRIDAY 28 MONDAY SEPTEMBER 4 MONDAY 7-8 THURSDAY-FRIDAY 14-16 THURSDAY-SATURDAY 22 FRIDAY 25 MONDAY OCTOBER 6 FRIDAY 9 MONDAY 12-14 THURSDAY—SATURDAY 13 FRIDAY 19 THURSDAY 19 THURSDAY 20 FRIDAY 27 FRIDAY 30 MONDAY NOVEMBER 2-4 THURSDAY—SATURDAY 10 FRIDAY 13 MONDAY 16-17 THURSDAY—FRIDAY 17 FRIDAY 23-24 THURSDAY—FRIDAY 30-1 THURSDAY—FRIDAY DECEMBER 30-1 THURSDAY—FRIDAY 1 FRIDAY 1 FRIDAY 8 FRIDAY 18 MONDAY 25 MONDAY JANUARY 2018 26 FRIDAY
NEW YEAR'S – HOLIDAY (OBSERVED) MARTIN LUTHER KING DAY – HOLIDAY CAI NATIONAL LAW SEMINAR – LAS VEGAS PROGRAM LUNCH & MINI TRADE SHOW CAI-CV BOARD MEETING CAI’S M100 COURSE – SANTA ANA CAI-CV’S 2016 ANNUAL AWARDS NIGHT MANAGER ON THE RUN (MOTR) CAI’S M201 COURSE – LOS ANGELES PROGRAM LUNCH & MINI TRADE SHOW PRESIDENTS’ DAY – HOLIDAY CAI’S M202 COURSE – RIVERSIDE CAI-CV’S COMMITTEE TRAINING FOR CHAIRS/CO-CHAIRS & CAI-CV BOARD MEETING – COMBINED BOARD MEMBER WORKSHOP (BMW) CORKS FOR CLAC WINE TASTING CAI’S M100 COURSE – OXNARD PROGRAM LUNCH & MINI TRADE SHOW CAI’S M203 COURSE – SANTA ANA CAI-CV’S EDUCATED BUSINESS PARTNER COURSE - NEW CAI-CV BOARD MEETING MANAGER ON THE RUN (MOTR) ESSENTIALS COURSE FOR CAVLS PROGRAM LUNCH & MINI TRADE SHOW CLAC DAY AT THE CAPITOL CAI-CV BOARD MEETING CAI-CV’S SPRING GOLF TOURNAMENT CAI’S M100, 201, 202, 203, 204 205 AND 206 – LAS VEGAS CASE STUDY – LAS VEGAS CAI’S M400 COURSE – LAS VEGAS CAI NATIONAL CONFERENCE – LAS VEGAS CAI’S M205 COURSE – SANTA ANA PROGRAM LUNCH & MINI TRADE SHOW CAI-CV BOARD MEETING MEMORIAL DAY – HOLIDAY MANAGER ON THE RUN (MOTR) & SUMMER SIZZLER CAI’S M206 COURSE – SANTA ANA PROGRAM LUNCH & MINI TRADE SHOW CAI’S M202 COURSE – PALM DESERT CAI’S M203 COURSE – SAN DIEGO CAI-CV’S BOWLING TOURNAMENT CAI-CV BOARD MEETING INDEPENDENCE DAY – HOLIDAY CAI’S M100 COURSE – RIVERSIDE CAI-CV’S CID LAW COURSE - NEW CAI’S M360 COURSE – LOS ANGELES CAI-CV BOARD MEETING MANAGER ON THE RUN (MOTR) CAI’S M201 COURSE – SANTA ANA CAI’S M100 COURSE – LOS ANGELES CAI-CV’S DAY AT THE RACES – DEL MAR - NEW CAI’S M206 COURSE – SAN DIEGO CAI-CV BOARD MEETING LABOR DAY – HOLIDAY CAI’S M202 COURSE – SANTA ANA CAI’S LARGE SCALE WORKSHOP PROGRAM LUNCH & MINI TRADE SHOW CAI-CV BOARD MEETING MANAGER ON THE RUN (MOTR) COLUMBUS DAY – HOLIDAY CAI’S MANAGEMENT CO. CEO RETREAT PROGRAM LUNCH & MINI TRADE SHOW CLAC BENEFIT DINNER FUNDRAISER CAI’S COMMON INTEREST DEVELOPMENT LAW COURSE CAI STATEWIDE LEGAL FORUM CAI-CV’S OKTOBERFEST CAI-CV’S ANNUAL BOARD MEETING CAI’S M100 COURSE – PALM DESERT VETERANS DAY – HOLIDAY CAI-CV’S STRATEGIC PLANNING & BOARD MEETING CAI’S M204 COURSE – SANTA ANA PROGRAM LUNCH & MINI TRADE SHOW – LEG UPDATE THANKSGIVING – HOLIDAY CAI’S CASE STUDY – SANTA ANA CAI’S CASE STUDY – SANTA ANA BOARD MEMBER WORKSHOP (BMW) CAI-CV’S HOLIDAY MIXER MANAGER ON THE RUN (MOTR) CAI-CV BOARD MEETING CHRISTMAS – HOLIDAY CAI-CV’S 2017 AWARDS & MONTE CARLO NIGHT
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
NOVEMBER
DECEMBER
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!
CAI-CV’s Board Member Workshop (BMW)
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
(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 CAI’s M205 Course (for managers) WHEN: Thursday-Friday, December 1-2, 2016 WHERE: Riverside CAI-CV's Manager on the Run (MOTR) (for managers) WHEN: Friday, December 9, 2016, 8:30 a.m. WHERE: The Classic Club, Palm Desert
Save the Date
Friday, the Twenty-seventh of January
Awards Night Winter Nights Dream Omni Rancho Las Palmas Resort & Spa Rancho Mirage 5:30 p.m. RSVP online at www.cai-cv.org or by calling 760-341-0559 $55.00 per person with RSVP by January thirteenth (members) $70.00 per person for nonmembers and reservations after January thirteenth, Valet parking, Semi-formal attire