NOVEMBER 2017
Coachella Valley Community Associations Institute Magazine
HOA Bills from
CAI's Perspective FEATURING 10 14 16 29 36
2017 End of Session Legislative Report Local Legislation and Code Changes: How Do I Keep Up? Solar on Common Area Roofs - Don’t Be Too Discouraged Brief History of the Davis Stirling Act California Statewide Legal Forum Was a Great Success
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2017 BOARD OF DIRECTORS COACHELLA VALLEY CHAPTER
42-240 Green Way #B •Palm Desert, CA 92211
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GEN WANGLER, ESQ., CCAL PRESIDENT ELECT Fiore Racobs & Powers A PLC
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GERARD GONZALES PAST PRESIDENT Albert Management, Inc.
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24hr Emergency Service Mold Remediation
PHYLLIS HARKINS, CMCA, AMS, CCAM-LS, CAMEX PRESIDENT The Management Trust – Palm Desert
CAI-CV
EDUCATED BUSINESS PARTNER
Fire & Water Restoration Slab Leak Repairs
JOLEN ZEROSKI, CMCA TREASURER Union Bank
JOHN WALTERS-CLARK SECRETARY Associa Desert Resort Management
www.VantagePointConstruction.com
CARDINAL AMBROSE, CCAM, CMCA, AMS DIRECTOR Albert Management, Inc.
Phone: (760) 340-5157 • Fax: (760) 340-2576 • License # 473996
TAD BLACK DIRECTOR Associa OnCall RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management MATT LAWTON, CIRMS DIRECTOR Prendiville Insurance Agency LOUISE STETTLER DIRECTOR Palm Valley Country Club HOA MIKE TRAIDMAN DIRECTOR Mira Vista HOA
CAI Coachella Valley Office 41-905 Boardwalk, Suite A-2 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org
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Quorum November, 2017
The materials contained in this publication are designed to provide our members with timely and authoritative information; 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. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.
CONTENTS
10 FEATURES
10
2017 End of Session Legislative Report By Louie A. Brown, Jr., Esq.
14
Local Legislation and Code Changes: How Do I Keep Up? By Susan Browne Rosenberg, CIH, CIEC, CHMM
16
Solar on Common Area Roofs - Don’t Be Too Discouraged
14
By Steven Shuey, PCAM
29
Brief History of the Davis Stirling Act By Adrian Adams, Esq.
36
16
California Statewide Legal Forum Was a Great Success By Steven Shuey, PCAM
CHAPTER NEWS
9
CAI-CV Chapter New & Renewing Members
29
22
Charity Stories Needed
36
22
CAI Aids Northern California Fire Victims
22
CAI-CV Is on the Move
37
CAI-CV Educated Business Partners
22
CAI-CV.org
37
facebook.com/CAICV
CAI-CV
EDUCATED BUSINESS PARTNER
twitter.com/CAI_CV
5
QUORUM COMMITTEE MEMBERS
CAI-CV
EDUCATED BUSINESS PARTNER
DEA FRANCK, ESQ. CHAIR Epsten Grinnell & Howell, APC
CAI-CV
RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc.
CAI-CV
DAN STITES CBCI Construction, Inc.
EDUCATED BUSINESS PARTNER
EDUCATED BUSINESS PARTNER
JAY POWELL Ben's Asphalt
CAI-CV
EDUCATED BUSINESS PARTNER
JENNIFER JAMES, ESQ. Law Office of Jennifer James
MARNE LOGAN, CCAM The Management Trust - Palm Desert MICHAEL TURNER Urban Habitat Environmental Landscapes PHYLLIS HARKINS, CMCA, AMS, CCAM-LS, CAMEX BOARD LIAISON The Management Trust - Palm Desert CAI-CV
EDUCATED BUSINESS PARTNER
SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC
STEVEN SHUEY, PCAM Personalized Property Management Co. JIM SCHMID The Lakes Country Club
CREATIVE DIRECTOR & GRAPHIC DESIGNER CAI-CV
EDUCATED BUSINESS PARTNER
RODNEY BISSELL Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749
ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION admin@cai-cv.org
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
• Innovative programs to save your association time and money. • Management, financialCONTENTS and development services.
CHAPTER EVENTS
24
2018 Calendar
32
CAI-CV’s October Lunch Program
18
17
Community Associations Institute - Coachella Valley
23
How Boards Get Into Trouble
Friday, October 13, 2017, Palm Valley Country Club
40
• Commitm
20
Upcoming Chapter Events
2018
42-635 Melanie Place, Suite 103 | Palm Desert, CA 92211 | Tel: (760 CONSIDER VOLUNTEERING AND SERVING www.drminternet.com | info@drminterne ON A CAI-CV COMMITTEE
DEPARTMENTS
8 17
President’s Message Meet Your Board Member
24
20
About CAI
26
27 26
Meet the Committee Chair
18 23
Platinum Spotlight
31 31
About CLAC
34
32
Rhonda Drews PCAM, CCAM
Consider Volunteering and Serving on a CAI-CV Committee CAI-CV 2018 Advertising & Sponsorship Plans Due December 15, 2017 CAI-CV's Election Results
26
CAI-CV
26
27
PLANS DUE DECEMBER 15, 2017
Oktoberfest's Committee Chair Ronda Henry
31
Signarama Associa Desert Resort Management
CLAC Buck-A-Door Campaign CAI-CV Delegates & Liaison with the California Legislative Action Committee (CLAC)
Water Wise
31
CLAC Buck-A-Door Campaign
New Rate Structure for Sewer Service Goes into Effect on January 1 By Coachella Valley Water District
35
Welcome Aboard New Business Partner Member All Color Growers By Jay Powell
34
35 CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
7
FROM THE CHAPTER
President’s Message Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx The Management Trust – Palm Desert CAI-CV Chapter President
CAI-CV is on the move to the University Commerce Center on Gerald Ford Drive, just east of Cook Street. After more than 24 years in the current location, this is a monumental effort. It appears our new suite will be ready in December and we’ll be moved in and ready for business by January 1, 2018. The highlight of the new office is our classroom, where we have more than twenty classes already scheduled, including free Basic Training for community board members. I want to compliment the Octoberfest Committee under the leadership of Chair, Ronda Henry, from SERVPRO Palm Desert, for another great celebration with over 160 attendees. Adding the chili cookoff was a great idea and made the event even more enjoyable. The beer, bratwurst, music and spending time with friends was also enjoyed by all. Thanks to the Committee, our host Sunshine Landscape, our title sponsor Diversified Asphalt, and all our sponsors for a great event. On Friday, December 1st, CAI-CV is offering a study course for the CMCA just prior to offering the CMCA exam. The study course and exam will take place at Palm Valley Country Club just before the Holiday Open House. CAI-CV worked with CAI National to offer the opportunity for managers to gain their CMCA designation by the end of the year. Please call the CAI-CV office for more information. CAI-CV’s Legislative Update will be held on Friday, November 17, at Sun City Palm Desert. Our guest speakers include CAI’s lobbyist, Louie Brown, Esq. and CLAC’s co-chairs, Jeff Beaumont, Esq. and Matt Ober, Esq. Don’t miss this important program. You will learn about new legislation, case law and what to expect in 2018 from our legislative representatives in Sacramento. For those of you interested in taking the Case Study required for a PCAM designation, CAI has information about the course to be held in Orange County on November 30-December 1, online, at www.caionline.org. On Friday, December 1st, CAI-CV will host its annual Holiday Open House at 5:30 p.m. at Palm Valley Country Club. New this year, there will be a full buffet pasta night dinner, dancing, DJ, ornament making and an ugly sweater contest. Prior to the Holiday party, the Education Committee is hosting an “ask the attorney” Board Member Workshop (BMW), from 3:00 to 5:30. Board members are invited to attend the Holiday event and will receive a free adult beverage ticket. Each year, the Holiday event supports a local charity. We will support The Narrow Door’s Christmas Store again this year. Members are asked to bring an unwrapped toy in lieu of purchasing a ticket for the event. Please RSVP online. Mark your calendars for CAI-CV’s Awards & Monte Carlo Night on Friday, January 26, 2018. This year we are combining Awards and Casino at the Agua Caliente Casino Resort Spa. The Awards Committee has special plans for this event to celebrate our Chapter members. We all have so much to be thankful for. Happy Thanksgiving everyone! As we consider our blessings this month and look forward to spending time with family and friends, I hope you will take some of that time to enjoy our beautiful weather. The Coachella Valley in November is spectacular. I know you are all busy and “the season” is in full gear, but we couldn’t work in a more beautiful environment. Enjoy! See you next month !
Phyllis Harkins
Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx General Manager, Portola Country Club The Management Trust - Palm Desert
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Quorum November, 2017
C AI-C V MISSION STATE ME NT The mission of CAI-CV is to provide leadership for successful development and operation of community associations through information, research and education.
FROM THE CHAPTER
CAI-CV Chapter New & Renewing Members RENEWING BUSINESS PARTNERS CONSERVE LANDCARE Teri Gonzalez (760) 343-1433 teri@conservelandcare.com PACIFIC WESTERN BANK Erin Klink (760) 324-4914 eklink@pacificwesternbank.com SERVPRO OF PALM SPRING AND INDIAN WELLS Chris Bennett (760) 327-7700 chris@servproiwps.com SIGNARAMA Jeff Grady (760) 776-9907 jeff@pdsignarama.com RENEWING MULTI-CHAPTER BUSINESS PARTNERS AMERICAN LEAK DETECTION Ryan Keeton (760) 320-9991 rkeeton@americanleakdetection.com FENTON, GRANT, MAYFIELD, KANEDA & LITT, LLP Katy Krupp (949) 435-3800 Ext. 102 kkrupp@fentongrant.com MARIPOSA LANDSCAPES, INC. Patricia De Martinez (626) 960-0196 patty.demartinez@mariposa-ca.com PRENDIVILLE INSURANCE AGENCY Matthew Lawton (760) 770-5868 Matt@PrendivilleAgency.com PRIMECO Alison LeBoeuf (800) 881-8067 alison@primecoconstruction.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 MANAGER MEMBERSHIPS Roxi Bardwell (510) 693-1620 roxikb3@gmail.com
ASSOCIA DESERT RESORT MANAGEMENT William Clifford (760) 625-5971 bclifford@drminternet.com
MORNINGSIDE COMMUNITY ASSOCIATION Michele Abdelnour (760) 328-3323 mabdelnour@morningsideca.com
Michelle Espinoza (760) 324-1873 mespinoza@drminternet.com
MOTORCOACH COUNTRY CLUB PROPERTY OWNER ASSOCIATION, INC Carla Boosalis (760) 342-4215 cboosalis@drminternet.com
Candice Gorges (760) 641-9887 cgorges@drminternet.com
PALM CANYON VILLA'S Ray Hungerford (760) 324-4835 pcvhoa@aol.com
Maryann Hoss (760) 346-1161 mhoss@drminternet.com Ashley Layton (760) 346-1161 alayton@drminternet.com
RENEWING MANAGEMENT COMPANY MEMBERSHIP DESERT MANAGEMENT James Lewis (760) 862-1202 j.lewis@desertmanagement.com
Larry Pfander (818) 988-9569 lpfander@drminternet.com
RENEWING MULTI-CHAPTER MANAGEMENT COMPANY MEMBERSHIP POWERSTONE PROPERTY MANAGEMENT Lisa Glogow (760) 469-4315 lglogow@powerstonepm.com
Alison Posey (760) 346-1161 aposey@drminternet.com Jamie Saldivar (760) 346-1161 jsaldivar@drminternet.com
NEW VOLUNTEER LEADERSS John McGara
Mary Beth Shields (760) 610-7713 mshields@drminternet.com
DESERT PRINCESS HOMEOWNERS ASSOCIATION Russ Holowachuk Hal Katkov Henry Kras Mark Mclaughlin Don Milliagn Norm Stoehr Peter Webb
Paula Tapia (760) 346-1161 ptapia@drminternet.com AVAIL PROPERTY MANAGEMENT Stephanie Swenstad (760) 902-2799 sdswenstad@yahoo.com
RENEWING VOLUNTEER LEADER Bill Harder
FIRSTSERVICE RESIDENTIAL Daniel Farrar (760) 834-2487 daniel.farrar@fsresidential.com GOLD COAST COMMUNITY MANAGEMENT Shern Berg (760) 202-9880 shern@goldcoastent.com K. HOVNANIAN'S FOUR SEASONS AT TERRA LAGO Tiffany Wright (760) 863-2399 tiffany.wright@managementtrust.com
SUN CITY PALM DESERT COMMUNITY ASSOCIATION Scott Erickson Dennis Golob Mike Joyce Lou Milkowski Mike O'Conner Sue Rogoff Charlie Thompson
LAKES COUNTRY CLUB ASSOCIATION Ronald Phipps (760) 568-4321 rphipps@thelakescc.com
CAI-CV will energize our members to seek CAI education to elevate themselves & the CID industry.
Susan Percival (760) 767-5944 clubcircleeast@gmail.com CAI-CV.org
facebook.com/CAICV
energize educate elevate twitter.com/CAI_CV
9
FEATURE
Community Associations Institute – California Legislative Action Committee (CAI-CLAC)
2017 End of Session Legislative Report By Louie Brown, Esq., CLAC Advocate AB 690 (Quirk-Silva) – Disclosures
AS INTRODUCED: This bill requires community associations and managers to disclose conflicts of interest. Originally, it included a provision requiring disclosure of all future management and third-party contractor costs over the life of a management contract. POSITION: Neutral, as amended RESULT: The bill was amended and signed into law. Effective January 1, 2018, it amends Business & Professions Code Section 11504 and Civil Code Sections 4528, 4530, 5300 and 5375; and adds Sections 5375.5 and 5376.
T
he Legislature adjourned the first year of the 2017-2018 Legislative Session Saturday, September 16, 2017. They sent the Governor a total of 977 bills, of which he signed 859 and vetoed 118.
POSITION: CAI-CLAC sponsored this bill
CAI-CLAC Accomplishments 2017
INDUSTRY IMPACT: This bill has two separate provisions: 1) Effective January 1, 2017, a new law required owners to advise associations annually of their mailing addresses, but did not provide guidance to associations in the event owners failed to provide an address. This bill allows associations to use owners’ last known addresses when owners do not update addresses annually. 2) Previously, Board members in mixed use projects were not afforded the same immunity as Board members in exclusively residential projects. This bill extends that immunity to Board members who own two or fewer residential units.
AB 1412 (Choi) – Offsite Mailing Addresses, Board Member Immunity
AS INTRODUCED: This bill allows a community association to use an owner’s last known mailing address if the owner fails to respond to the association’s annual request to provide mailing addresses. It also provides immunity for members of Boards of Directors in mixed-use common interest developments, if they own no more than two units, and own only residential units.
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Quorum November, 2017
RESULT: Signed into law, amending Civil Code Sections 4041 and 5800, effective January 1, 2018.
INDUSTRY IMPACT: The bill will require managers to disclose potential conflicts of interest, including referral fees or ownership interests in other vendors. In an attempt at assuring transparency, the bill would have required managers to disclose future costs up front. CAI-CLAC supported efforts to advise the bill’s author about the impracticality of disclosing all anticipated and unanticipated costs in advance. These provisions were removed from the bill as amended. AB 534 (Gallagher) – Mechanics Liens
AS INTRODUCED: The bill allows owners in planned developments (not just condominiums) to obtain releases of mechanics liens, by paying a portion of the amount of the lien, or by obtaining a lien release bond. It would have required a community association to advise owners of any lien recorded against any part of the association, even separate units or lots.
CAI-CLAC 2018
POSITION: Neutral, as amended RESULT: After CAI-CLAC worked to amend the bill, it was passed and signed by the Governor. Effective January 1, 2018, it amends Civil Code Sections 4615 and 6658 and adds Section 6660. INDUSTRY IMPACT: This bill benefits owners in community associations by allowing them to purchase mechanics lien release bonds, and by extending the ability to obtain the release of a lien to owners of lots in planned developments as well as condominiums. Because of CAI-CLAC’s advocacy, an unworkable provision, which would have required associations to notify owners of all liens was limited – now associations will only be obligated to notify owners of liens against common area. SB 407 (Wieckowski) – Use of Common Area for Assembly or non-Commercial Speech
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AS INTRODUCED: This bill gives certain free speech rights – to meet, canvass, and distribute material – to owners and residents of community associations. An early draft would have allowed members of the general public to attend meetings in common area facilities, even if the association ordinarily would not allow public gatherings. POSITION: Support as amended RESULT: The bill was amended following CAI-CLAC’s advocacy efforts and signed by the Governor. It adds Civil Code Section 4515, effective January 1, 2018. INDUSTRY IMPACT: Community associations will not be required to allow members of the general public access to common area facilities for political events; so this bill will not require associations to become places of public accommodation subject to the Americans with Disabilities Act. SB 407
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11
FEATURE will allow owners and residents to use common area facilities for meetings related to association issues, legislation, elections to public office, and public ballot measures. Associations cannot require users to obtain insurance or pay a fee for the use of the facilities. The bill will also allow owners or residents to canvass and distribute information about these issues.
Additional CID Legislation Assembly AB 634 (Eggman) Real property: solar energy systems
Summary: This bill would specify that an association may not establish a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use. CLAC Position: Oppose Outcome: Signed by Governor AB 731 (Chen) Personal income taxes: deductions: homeowners’ association assessments
Summary: This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2022, would allow a deduction in computing adjusted gross income for an amount paid or incurred by the qualified taxpayer during the taxable year, not to exceed $1,500, for qualified homeowners’ association assessments, as defined. CLAC Position: Sponsor Outcome: Held in Assembly
12
Quorum November, 2017
AB 1426 (Irwin) Common interest developments: association governance: elections
Summary: This bill would additionally except from those election requirements an election of directors if the election is uncontested, as defined, and would provide a procedure for an election to be declared as uncontested. The bill adds 2 additional election requirements that would ensure an announcement of an election and notification of nomination procedures is provided in a specific manner and would ensure a member who meets specified qualification requirements is not denied the right to vote or the right to be a candidate for director. CLAC Position: Sponsor Outcome: Held in Assembly
Senate SB 2 (Atkins) Building Homes and Jobs Act
Summary: Would enact the Building Homes and Jobs Act. The bill would make legislative findings and declarations relating to the need for establishing
permanent, ongoing sources of funding dedicated to affordable housing development. The bill would impose a fee, except as provided, of $75 to be paid at the time of the recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, per each single transaction per single parcel of real property, not to exceed $225. CLAC Position: Oppose Unless Amended Outcome: Signed by Governor SB 3 (Beall) Affordable Housing Bond Act of 2018
Summary: Would enact the Affordable Housing Bond Act of 2018, which, if adopted, would authorize the issuance of bonds in the amount of $4,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance various existing housing programs, as well as infill infrastructure financing and affordable housing matching grant programs, as provided. CLAC Position: Support Outcome: Signed by Governor
SB 451 (Stone) Common interest developments
Summary: This bill would prohibit an association from being liable to any person because the governing documents of the association do not contain a provision that would authorize the association to stop harassment of a member by another member. CLAC Position: Support Outcome: Held in Senate 721 (Hill) Contractors: decks and balconies: inspection
Summary: This bill would require an inspection of building assemblies and associated waterproofing elements, as defined, including decks and balconies, for buildings with 3 or more multifamily dwelling units by a licensed architect, licensed civil or structural engineer, or an individual certified as a building inspector or building official, as specified CLAC Position: Oppose Outcome: Held in Senate Louie A. Brown, Jr., Esq., is a partner with Kahn, Soares & Conway, LLP. He manages the firm’s Government Relations Group representing clients before the California State Legislature and various state administrative agencies. Louie specializes in providing clients with expert advice in maneuvering through California’s complex legislative and administrative process. He has written numerous laws and played key roles in many of the Legislature’s major accomplishments and budget negotiations over the last decade. Louie earned his Bachelor of Science Degree from California Polytechnic State University in San Luis Obispo, California and his Juris Doctor from the McGeorge School of Law.
CAI-CV.org
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13
FEATURE
Local Legislation and Code Changes: How Do I Keep Up? By: Susan Browne Rosenberg
C
ity Councils across the Coachella Valley are constantly evaluating issues of concern and updating or implementing changes to their codes. How is a Community Association Manager or business supposed to keep up with these changes? You can of course attend City Council meetings in person, which would allow you to voice your opinion on potential changes to codes before a city mandates code changes. Alternately, you can watch the meetings live on the internet. Or you can be totally reactive and simply wait for the news and then adjust your business to comply. A few of the hot topics locally include noise issues and the use of leaf blowers, changes in the policies for short term rentals, and new ordinances regarding cannabis sales. Did you know that the City of Palm Springs passed an amendment to their noise ordinance in July that states that “the use of gasoline powered leaf blowers, to produce a current of air and thereby push, propel or blow cuttings, refuse or debris, or otherwise shall be prohibited within the corporate limits of the City” beginning January 1, 2019? How will this impact your community? Landscaping costs will undoubtedly rise because old noisy gas blowers will have to be replaced with new, quieter battery operated equipment. In Palm Desert, where I live, no noise from property maintenance activities may disturb the peace on Government Holidays. Section 9.24.075 also restricts the hours for these noisy activities from 9:00 a.m. to 5:30 p.m. Monday to Sunday, October 1st through April 30th, and for the summer months 8:00 a.m. to 5:30 p.m. Monday to Friday, and 9:00 a.m. to 5:30 p.m. weekends. This causes significant challenges, especially during the summer months, as our management team tries to keep up with mowing while protecting the safety and health of landscape employees during the stifling afternoons.
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Quorum November, 2017
Here is a list of links to several cities’ code compliance updates: • Palm Springs: http://www.qcode.us/codes/palmsprings/ • Palm Desert: http://qcode.us/codes/palmdesert/ • La Quinta: http://qcode.us/codes/laquinta/ Do you see the “qcode” pattern above? Clicking on any of the above links takes you to a page with a list of municipal codes and recently passed ordinances. Surprisingly, the cities of Rancho Mirage, Indian Wells, Cathedral City and Desert Hot Springs had no items listed when I clicked the link to “CodeAlert: Recently Passed Ordinances” on their websites on September 22.
The cities of Indio and Coachella, however, did not follow the qcode.us pattern as shown below. • https://library.municode.com/ca/ coachella/codes/code_of_ordinances • http://library.amlegal.com/nxt/gateway.dll/California/ indio/cityofindiocaliforniacodeofordinances?f=tem plates$fn=default.htm$3.0$vid=amlegal:indio_ca As such, I had to hunt further to find the updates. The process was neither intuitive nor easy. That said, please remember that ignorance of the law is no excuse when you are fined for violating a city ordinance. 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.
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15
FEATURE
Solar on Common Area Roofs Don’t Be Too Discouraged By Steven Shuey, PCAM
I
magine a homeowner in a community in Northern California had an issue installing a solar system on the common roof of his building. After being denied by the HOA board and management, he decided to get the law changed to allow for such installations. New laws can override a community’s current governing documents. The homeowner pressed forward, and AB 634 was generated. As we all know, this legislation worked its way through the legislative system and was vigorously opposed by CAI and others. Last month, the bill was approved by the Governor and chaptered by the Secretary of State. Many logical thinking managers and board members were horrified to learn that this legislation actually passed, even with an abundance of opposition, including recent letters from CAI members recommending a veto by the Governor. Well, it is now the law and it is time to deal with it. Let’s take a look at this new law from a community manager or board member perspective. There may be some positive points that can help reduce its burden. The Legislative Counsel's Digest effectively says this bill would prohibit an association from establishing a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use. The bill also would prohibit an association from requiring approval by a vote of members owning separate interests in the common interest development in those circumstances. Any action by an association that contravenes these provisions would be void and unenforceable. Now, having reviewed the above, let's look at the detail. By amending Civil Code section 714.1, AB 634 allows an association to impose reasonable provisions that:
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Quorum November, 2017
(1) Restrict the installation of solar energy systems in common areas to those systems approved by the association.
(2) Require the owner of a separate interest to obtain the approval of the association for the installation of a solar energy system in a separate interest owned by another.
(3) Provide for the maintenance, repair, or replacement of roofs or other building components.
(4) Require installers of solar energy systems to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of the solar energy system. These points by themselves should bring calm to anyone who has concerns about this new law. These provisions merely need to be written into the association's architectural guidelines.
Do not be disheartened. It gets better… AB 634 also added another section to the Civil Code, i.e., Civil Code section 4746, which reads in part: “When reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner . . . , an association shall require both of the following: (1) An applicant to notify each owner of a unit in the building on which the installation will be located of the application to install a solar energy system; and (2) The owner and each successive owner to maintain a homeowner liability coverage policy at all times and provide the association with the corresponding certificate of insurance within 14 days of approval of the application and annually thereafter.” (Civil Code § 4746(a).)
MEET YOUR BOARD MEMBER Further, when reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner, Civil Code section 4746. subsection (b) provides:
(1) An association may impose additional reasonable provisions that:
(A) Require the applicant to submit a solar site survey showing the placement of the solar energy system prepared by a licensed contractor or the contractor’s registered salesperson knowledgeable in the installation of solar energy systems to determine usable solar roof area.
(B) The solar site survey shall also include a determination of an equitable allocation of the usable solar roof area among all owners sharing the same roof, garage, or carport.
(2) Require the owner and each successive owner of the solar energy system to be responsible for all of the following:
(A) Costs for damage to the common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the solar energy system.
(B) Costs for the maintenance, repair, and replacement of solar energy system until it has been removed and for the restoration of the common area, exclusive use common area, or separate interests after removal.
(C) Disclosing to prospective buyers the existence of any solar energy system of the owner and the related responsibilities of the owner under this section. Our thanks to the California Legislative Action Committee (CLAC) for insisting on these safeguards. While they do not eliminate all the difficulties of this new law, they go a long way toward preventing conflicts. The important thing for communities to recognize is the need to get these provisions into your community’s Architectural Guidelines. As with any new legislation, there are nuances to this new law that still need to be flushed out. Please include your counsel in any decisions where the facts are unclear. AB 634 also amends Civil Code section 4600 regarding the granting of exclusive use common areas without a membership vote, specifically with regard to installing a solar energy system on a common area roof. This could be problematic for associations. Quorum will continue to monitor the impact of AB 634 for our members.
Steven Shuey is a Certified Professional Community Association Manager (PCAM). He serves on the national faculty of CAI and is a past board member of the APCM. He also serves as a delegate on the California Legislative Action Committee (CLAC), representing the Coachella Valley Chapter. He is a community association consultant with Personalized Property Management. In January, 2017, he was awarded the lifetime achievement award from CAI-CV. Steven may be contacted at IslandMgr@aol.com. You can follow him on Twitter (www.twitter. com/@IslandMgr)
Rhonda Drews PCAM, CCAM Rhonda Drews is an Executive and Senior Vice President of Operations at Associa - Desert Resort Management. In this role, she is responsible for managing and mentoring a staff of community association managers and assistant managers as well as supervising the day to day operations of the branch, insuring that the level of customer service received by Desert Resort Management’s clients is second to none. With close to 25 years’ experience in on-site and portfolio community association management, Rhonda brings a wealth of experience, which is complemented by her extensive education. She holds a “Professional Community Association Manager” (PCAM) designation from the Community Associations Institute (CAI) and is also a “Certified Community Association Manager” (CCAM) through California Association of Community Managers (CACM). Rhonda has been a long term member of the Coachella Valley Chapter of CAI, where she currently serves as a Director on the Board. Rhonda was re-elected to the Board and will begin her second term come January 2018. She has been the recipient of the following awards: “Excellence in Achievement - President’s Award” in 2005, “Committee of the Year” in 2013, “Hall of Fame” in 2014 and most recently was awarded “Committee Co-Chair of the Year” in 2015. Her philanthropic efforts for the past 10 years have been dedicated to the service organization, Soroptimist International of Desert Cities Coachella Valley. Under Rhonda’s leadership the Club, whose mission is to improve the lives of women and girls in local communities and throughout the world, raised over $10,000 in donations last year. Originally from Orange County, Rhonda’s heart is never far from the beach. In her free time you can find her soaking up the sun poolside, beach-side, or at the river. A 30-year resident of the Coachella Valley, Rhonda now calls Palm Desert, home, where she enjoys spending time with her friends, entertaining, and hiking. Rhonda's favorite quote: “It is the ultimate luxury to combine passion and contribution. It is also a very clear path to happiness.” Sheryl Sandberg CAI-CV.org
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2017 PLATINUM SPONSOR SPOTLIGHT CAI-CV
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recent CAI-CV program featured topics on how HOA boards get into trouble. One illustration regarded an HOA working with a firm that did not carry workers compensation insurance. The scenario could have included the HOA working with a firm that did not carry general liability or was not properly licensed. These are "not" issues when HOA's work with Signarama where we are properly insured in all these critical areas. During the past nine years, Signarama has been an active and proud business partner of CAI-CV. We have gained both business and personal relationships with many CAI-CV members and have learned first-hand that CAI-CV is much more than a "networking" group.
For over 30 years Signarama of the Coachella Valley has been a trusted source for signage of all kinds, including pool signs, monument signs, street signs and so much more for communities. While we are part of the largest sign company in the world, we are still locally owned and locally focused. We manufacture in our Palm Desert facility over 90% of the signage products we sell. We also manufacture and install vehicle graphics, electrical and exterior signage for businesses of all kinds. Let Signarama help you with your next sign project, large or small. Please contact Richard or Jeff at 760-776-9907 or at info@pdsignarama.com.
Thank you to SIGNARAMA for their generous support of CAI-CV! 18
Quorum November, 2017
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2018 CAI-CV won CAI National’s 2016 Leadership Award for their Committee Leadership Development & Training Program
CONSIDER VOLUNTEERING AND SERVING ON A CAI-CV COMMITTEE CAI-CV committee members are part of the chapter’s leadership team. Serving on a committee offers members a unique and rewarding way to build relationships with community board members, managers and business partners. Committees are either in charge of a single event or will have events and programs year-round. Choose a committee that works with your schedule and skills. All CAI-CV committees are chaired and co-chaired by trained volunteers. Your work with CAI committees is tracked and used to help determine the chapter’s annual awards recipients. Each committee has its own budget and a board liaison to help them gain board approval quickly. Committees are the backbone of CAI-CV. Join our more than 135 volunteers who serve on our leadership team. Committees typically meet monthly and may meet more often prior to an event. CAI-CV offers a conference call-in number for committee meetings to assist volunteers who are unable to attend in person.
CAI-CV WILL ADD THREE NEW COMMITTEES IN 2018 HOMEOWNER LEADER COMMITTEE The Homeowner Leader Committee will focus on expanding CAICV services to community board members and volunteers. With the objective of educating more boards, the committee will be responsible for developing and maintaining contact information for non-member Valley associations and their boards so that CAI-CV can invite them to our educational programs. The committee will work with the Membership Committee on outreach efforts and the Educational Committee on developing curriculum for CAI-CV’s new Board Basic Training that will be offered free to boards regularly during the year. They will also work to customize the Board Member Workshops (BMWs), and the Board Leadership Development Workshop training offered by CAI, so they will be aligned with California requirements. This new committee will also be responsible for developing online copyright-free newsletter content for Valley associations and for providing a liaison to help coordinate CAI-CV efforts with other community board member organizations.
PROFESSIONAL MANAGER COMMITTEE Working closely with Valley management companies, the new Professional Manager Committee will focus on developing a clear community management career path. The committee will also focus on expanding the chapter’s education for managers and encouraging managers to obtain CAI designations. The committee will work with the College of the Desert, Cal State University San Bernardino and UC Riverside to explore ways to recruit new managers by connecting CAI education to currently taught college courses. The committee will also look for ways to grow membership and provide more services to current manager members.
COMMUNICATIONS COMMITTEE The new Communications Committee will focus on expanding the chapter’s social media capabilities. They will also oversee the chapter’s website and electronic directory, help develop an APP for CAI-CV, and assist CAI-CV event committees with preparing annual communications plans. Most of these responsibilities have been the responsibility of the PR Committee, which will now refocus on expanding CAI-CV’s visibility in the Coachella Valley.
PROGRAMS COMMITTEE Educational Lunch Programs & Mini Trade Shows: JAN 19, FEB 16, MAR 9, APR 20, MAY 18, JUN 8, SEP 21, OCT 26, and Legislative Update NOV 16
The Programs Committee is responsible for planning and executing nine educational programs and mini trade shows in 2018. These events are developed to provide education to all CAI-CV members. The programs cover topics related to industry trends, best practices and significant issues that impact common interest developments.
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In November, the Programs Committee hosts the annual Legislative Update, at which CAI-CV members are invited to hear presentations about regulatory and legislative activity and new case law. All of these programs are sanctioned by CAI’s national office, allowing managers to receive continuing education units (CEUs) for attending each luncheon. The Programs Committee secures speakers, venues and prepares the marketing materials for all the program events.
WINE TASTING EVENT COMMITTEE Corks for CLAC, March 23, 2018
The Wine Tasting Event Committee is responsible for developing and implementing one fundraising event annually to assist with funding CAI-CV’s commitment to the California Legislative Action Committee (CLAC). These funds help CLAC continue their efforts to identify, track and lobby legislation that impacts common interest developments (CIDs). The Wine Tasting Event Committee chooses the venue and administers all the logistics for the event, including finding sponsors, marketing, silent auction, food and wine selections and registrations.
EDUCATION COMMITTEE CAI National Courses: JUL 12-13 M204, AUG 16-17 M203, NOV 1-3 M100. MOTR FEB 2, APR 6, JUN 16 (with Summer Sizzler), AUG 3, OCT 5, DEC 7. NEW! HOA Board Basic Training JAN 16, FEB 20, MAY 15, JUN 12, AUG 14, SEP 11, OCT 16, NOV 13. BMW MAR 23, DEC 7. Board Leadership Development Workshop APR 13. CID Law Course JUL 20, OCT 24.
The CAI-CV Education Committee is responsible for monitoring the educational needs of chapter members. Working with the national office of CAI, they schedule appropriate classes in the Coachella Valley and nearby areas. These educational courses include classes required by CAI to receive manager certifications and designations, and the Manager on the Run (MOTR) program that provides managers with continuing education units. The committee is also responsible for the new HOA Board Basic Training, the Board Member Workshops (BMW) and the Essentials program that provides professional education to volunteer board members. The Education Committee works with the national office of CAI to ensure our chapter has the latest CAI educational publications. It develops articles for Quorum Magazine and publishes the class schedule and list of publications. The Education Committee also oversees the CAI-CV Scholarship Fund that helps CAI members achieve their educational goals by providing financial assistance through the CAI-CV scholarship program.
New in 2018, the Education Committee will be hosting seven new two-hour courses for homeowner leaders called HOA Board Basic Training. For managers, the California CID Law Course will be offered twice in 2018.
COMMITTEE VOLUNTEER FORM ON NEXT PAGE
GOLF COMMITTEE Spring Golf Tournament, Friday, April 27, 2018
The CAI-CV Golf Committee is responsible for developing the chapter’s golf fundraising activities. This committee plans the annual golf tournament, sets the date, inspects and chooses a course, develops the day’s activities and marketing opportunities, sends out invitations and administers the event. The Golf Committee works to create an environment where all CAI-CV members are welcome and can participate. Members and their guests are encouraged to have a great time while networking and building relationships.
BOWLING COMMITTEE Annual Bowling Tournament, June 29, 2018
The Bowling Committee is responsible for developing and implementing a social fundraising event annually to assist with funding the CAI-CV Chapter. The Bowling Committee chooses the venue and administers all of the logistics for the event, including finding sponsors, invitations, programs, marketing, food, bar and registrations.
OKTOBERFEST COMMITTEE Annual Oktoberfest Celebration, October 12, 2018
The Oktoberfest Committee is responsible for developing and implementing this fundraising event to assist with funding the CAICV Chapter. The Oktoberfest Committee chooses the venue and administers all the logistics for the event, including finding sponsors, invitations, programs, marketing, food, bar and registrations.
AWARDS AND MONTE CARLO COMMITTEE
legislative information to be included in Quorum Magazine, and to be disseminated to CAI-CV’s members. They also organize grassroots meetings with elected officials in their Coachella Valley district offices. The CLAC-CVLSC is responsible for managing the chapter’s Buck-aDoor campaign, a fundraising effort to support CLAC in Sacramento. The Buck-a-Door campaign raises funds directly from community associations. CLAC-CVLSC will also host CAI-CV’s Day at the Races as another way to raise funds for CLAC.
MEMBERSHIP COMMITTEE Winner of CAI National’s 2013 Best Net Retention Award and the 2015 Membership Drive Award New Member Orientation, FEB 13, APR 17, SEP 25
The CAI-CV Membership Committee is responsible for promoting and strengthening the chapter’s relationship with existing members, as well as supporting efforts to recruit new members. The Membership Committee is also responsible for developing mentoring programs for managers and community board members. They work with the Business Partner Committee to help facilitate the mentoring program for business partners. The committee members serve as ambassadors for the chapter at CAI-CV events. Ambassadors identify and greet new members at CAI-CV functions and help them to maximize their participation with CAI-CV. The Membership Committee also administers CAI-CV’s recruitment program for all CAI-CV members.
NEW this year, the Membership Committee will host three New Member Orientation meetings during the year.
Annual Awards Night, January 25, 2019
New in 2018, the Awards Committee and Casino Committee are combining to create a fabulous evening of entertainment. The new Awards and Monte Carlo Committee is responsible for planning CAI-CV’s annual awards event where members who have gone above and beyond in their service to the chapter are honored. The committee finds a venue, chooses a theme, and is responsible for the decorations, menu, gaming, entertainment and invitations. The CAI-CV Board administers the awards portion of the evening.
BUSINESS PARTNER COMMITTEE Educated Business Partner Course JAN 30, JUL 27. Summer Sizzler JUN 15 (with MOTR). Holiday Open House (with BMW & MOTR) DEC 7.
The Business Partner Committee is responsible for fostering relationships between business partners and other members of CAI-CV. The Business Partner Committee works with the CAI-CV Board, other committees and the chapter’s membership to develop networking opportunities for business partners. This committee also recruits new business partners and provides mentoring to new business partner members. The Business Partner Committee will host the Summer Sizzler event in conjunction with the Education Committee’s MOTR event. New this year, the committee will host CAI’s Educated Business Partner course twice for all CAI-CV business partners interested in achieving a CAI national designation. The Holiday Open House is the chapter’s main charity event and held in conjunction with the Education Committee’s MOTR and BMW events.
CALIFORNIA LEGISLATIVE ACTION COMMITTEE – COACHELLA VALLEY LEGISLATIVE SUPPORT COMMITTEE (CLAC-CVLSC)
QUORUM COMMITTEE Winner of CAI National’s 2015 Membership Services Award
The Quorum Committee is responsible for publishing the chapter’s monthly magazine. This committee monitors CAI-CV events, educational opportunities, industry issues, state and federal legislation, and trends impacting common interest communities. The committee develops a story list for each issue and then works with the appropriate experts to gather information, develop and write articles, and edit and proof the publication before it is published. Each committee member is assigned specific tasks including investigation, interviewing experts, writing articles, proofing and editing. The Quorum Committee works with the CAI-CV events committees to develop marketing ads to place in Quorum. The committee works with business partners and management companies as well to develop and properly place advertising in each issue. In 2017, Quorum has some excellent new ad layouts, is offering partial or full issue reprints, and is accepting ads from non-members.
VOLUNTEER COMMITTEE The Volunteer Committee is responsible for providing volunteers to help administer CAI-CV events. The Volunteer Committee works with the board and the CAI-CV office to develop registration procedures that make attending CAI-CV events easy and enjoyable. Volunteer Committee members provide assistance with registration, collecting payments, organizing and handing out nametags, setting up and striking events, and developing and delivering hand-outs to event participants.
PUBLIC RELATIONS COMMITTEE
Winner of CAI National’s 2016 Public Affairs Award Day at the Races, August 17, 2018 (date may change)
Winner of CAI National’s 2015 Leadership Award
The California Legislative Action Committee – Coachella Valley Legislative Support Committee (CLAC-CVLSC) is the local committee responsible for supporting the efforts of CAI’s statewide and national legislative action committees. CLAC-CVLSC provides two delegates and one liaison who represent the chapter on the California Legislative Action Committee (CLAC). The CLAC-CVLSC is responsible for monitoring CLAC’s activities, legislation and regulations, legislative outreach efforts and grassroots involvement sponsored by the statewide or national legislative action committees. CLAC-CVLSC organizes
The CAI-CV Public Relations Committee is responsible for fostering relationships and developing programs that raise the visibility of CAI-CV as the authority on common interest developments in the Coachella Valley. The committee is responsible for developing a media plan, organizing spokespersons and building relationships with key media. The committee also seeks out opportunities to build relationships with local government, chambers, and companion industries such as real estate and building. CAI-CV.org
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JOIN A CAI-CV COMMITTEE
CHARITY STORIES NEEDED
2018 VOLUNTEER FORM Join CAI-CV’s volunteer leadership team by becoming a member of a committee. Committee members have the opportunity to build lasting relationships with CAI-CV members from every membership class. Committee members help raise funds, promote education and work to make CAI-CV the best place to network in the Coachella Valley. If you are enthusiastic, energetic, a good team player and have the time to volunteer, we want you on one of our committees! MEMBER INFORMATION Name Company/Association Name Street Address City
State
Zip
Work Phone
“We make a living by what we get, but we make a life by what we give.” -- Winston Churchill Are you a member of a CAI’s Coachella Valley chapter? Do also you volunteer your time and/or resources to a charity organization? If the answers to these questions are “yes”, then we want to hear from you! Quorum would like to feature your community service efforts to help spread the word about the charity organization to which you give your time! This is an excellent opportunity to spotlight your favorite charity. CAI-CV is looking for stories about CAI members involvement with local charities. If you or your company is involved with charitable work, we would like to tell your story in our December issue of Quorum. Call the CAI-CV office or email admin@cai-cv.org if you want to participate.
Cell Phone E-Mail Address
COMMITTEE SELECTION Please list the committee(s) where you believe your service can be most beneficial to you and the chapter. You may request to serve on more than one committee.
CAI AIDS NORTHERN CALIFORNIA FIRE VICTIMS
1. 2. 3.
SPECIAL SKILLS OR QUALIFICATIONS If you have special skills that you want considered by the committee chairs, please list them here:
I understand the two-hour per month time commitment required to serve on a CAI-CV committee(s) and I have read and understand the responsibilities of committees and their members.
Signature
Quorum November, 2017
CAI-CV IS ON THE MOVE!
Date
Please return this form to the chapter office via fax (760) 341-8443 or email to admin@cai-cv.org. 22
The worst wildfires to hit California in decades have burned over 200,000 acres, killed more than forty people, burned 6,000 structures and injured more than 200 in eight counties. Entire communities have been destroyed. If you would like to help, you can make a monetary donation to the Northern California Wildfire Disaster Task Force at www.redwoodcu.org/northbayfirerelief. 100 percent of funds collected go to assist fire victims. If you have questions, please email Terri Guest at Berg Insurance Agency at terri@berginsurance.com.
The Chapter office is moving in December to 75410 Gerald Ford Drive, Suite 102, Palm Desert, CA 92211. Our phone, fax, email and website will remain the same.
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Our local presence has always been important to us because we strive to maintain the personal service our clients expect and deserve. When Desert Resort Management became part of the Associa family of management companies in 2010, we gained the ability to serve our clients at an even higher level with international resources and robust technology. These advantages combined have allowed us to maintain long-lasting relationships with clients. We’re proud to say that every community we work with continuously gives us valuable feedback, which helps us stay ahead of the curve by providing them with the best management services in the area. In short, we love our clients and are proud of the relationships we have with them. Because we’ve dedicated our work to helping communities thrive, we place equal importance in supporting our employees. We conduct regular team-building, social, educational and physical fitness events for our staff while ensuring that they know how much they mean to us. Fully supporting our staff by committing to their satisfaction has contributed to Desert Resort Management having one of the lowest employee turnover rates in the Coachella Valley. In return, our employees take ownership and go above and beyond what is expected for our clients each and every day. Another way we’re invested in the community is through our sponsorship of high school and local sports teams and through our active participation in CAI. Since our local chapter was founded, many of our employees have served on the board of directors, as chair people, and as participants in various committees. Desert Resort Management is pleased to once again be a Platinum Sponsor for the Coachella Valley Chapter. CAI is the best resource for educational, social and networking programs for all professionals in our industry, and we hope our continued support helps carry on its important work.
Thank you to Associa Desert Resort Management for their generous support of CAI-CV! CAI-CV.org
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2018 CALENDAR
CAI-CV
COMMUNITY ASSOCIATIONS INSTITUTE - COACHELLA VALLEY • LOCAL CHAPTER & NATIONAL EVENTS & COURSES – BLUE • SOUTHERN CA COURSES & NATIONAL EVENTS – GREEN
• HOLIDAYS – CAI-CV OFFICE CLOSED – RED • CEU = CONTINUING EDUCATION UNITS OFFERED
JANUARY
JULY
1 15 16 19 24 26 26 30 31-3
MONDAY MONDAY TUESDAY FRIDAY WEDNESDAY FRIDAY FRIDAY TUESDAY WEDNESDAY – SATURDAY
NEW YEARS – HOLIDAY MARTIN LUTHER KING DAY – HOLIDAY HOA BOARD BASIC TRAINING LUNCH PROGRAM & MINI TRADE SHOW – CEU CAI-CV BOARD MEETING 2017 AWARDS & MONTE CARLO NIGHT CAI’S M202 COMMUNICATIONS – SANTA ANA – CEU CAI’S EDUCATED BUSINESS PARTNER COURSE CAI’S NA LAW SEMINAR – LA QUINTA – CEU
FEBRUARY 31-3 2 8-9 8-9 9 13 16 19 20 28
WEDNESDAY-SATURDAY FRIDAY THURSDAY – FRIDAY THURSDAY – FRIDAY FRIDAY TUESDAY FRIDAY MONDAY TUESDAY WEDNESDAY
CAI’S NA LAW SEMINAR – LA QUINTA (CONTINUED) – CEU MANAGER ON THE RUN (MOTR) – CEU CAI’S M203 LEADERSHIP – OXNARD – CEU CAI’S M350 MANAGER & THE LAW – RIVERSIDE – CEU LEADERSHIP & COMMITTEE TRAINING NEW MEMBER ORIENTATION LUNCH PROGRAM & MINI TRADE SHOW – CEU PRESIDENT’S DAY – HOLIDAY HOA BOARD BASIC TRAINING CAI-CV BOARD MEETING
MARCH 8-10 9 23 23 28 29-30
THURSDAY – SATURDAY FRIDAY FRIDAY FRIDAY WEDNESDAY THURSDAY – FRIDAY
CAI’S M100 CA ESSENTIALS – LOS ANGELES – CEU LUNCH PROGRAM & MINI TRADE SHOW – CEU CORKS FOR CLAC WINE TASTING BOARD MEMBER WORKSHOP (BMW) CAI-CV BOARD MEETING CAI’S M205 RISK MANAGEMENT - SANTA ANA – CEU
APRIL 6 8-9 12-13 13 17 19-20 20 25 27
FRIDAY SUNDAY – MONDAY THURSDAY – FRIDAY FRIDAY TUESDAY THURSDAY – FRIDAY FRIDAY WEDNESDAY FRIDAY
MANAGER ON THE RUN (MOTR) – CEU CAI’S DAY AT THE CAPITOL – SACRAMENTO – CEU CAI’S M204 GOVERNANCE – LOS ANGELES – CEU CAI’S BOARD LEADERSHIP DEVELOPMENT WORKSHOP NEW MEMBER ORIENTATION CAI’S M201 FACILITIES – SAN DIEGO – CEU LUNCH PROGRAM & MINI TRADE SHOW – CEU CAI-CV BOARD MEETING SPRING GOLF TOURNAMENT
MAY 9-12 15 18 28 30
WEDNESDAY – SATURDAY TUESDAY FRIDAY MONDAY WEDNESDAY
CAI’S NA CONFERENCE – WASHINGTON, D.C. – CEU HOA BOARD BASIC TRAINING LUNCH PROGRAM & MINI TRADE SHOW – CEU MEMORIAL DAY – HOLIDAY CAI-CV BOARD MEETING
JUNE 7-8 THURSDAY – FRIDAY 8 FRIDAY 12 TUESDAY 15 FRIDAY 15 FRIDAY 21-23 THURSDAY - SATURDAY 21-22 THURSDAY – FRIDAY 27 WEDNESDAY 29 FRIDAY
24
CAI’S M205 RISK MANAGEMENT – LOS ANGELES – CEU LUNCH PROGRAM & MINI TRADE SHOW – CEU HOA BOARD BASIC TRAINING MANAGER ON THE RUN (MOTR) – CEU SUMMER SIZZLER CAI’S M100 CA ESSENTIALS - SAN DIEGO - CEU CAI’S M201 FACILITIES – SANTA ANA – CEU CAI-CV BOARD MEETING BOWLING TOURNAMENT
Quorum November, 2017
4 12-13 12-14 20 20 25 27
WEDNESDAY THURSDAY – FRIDAY THURSDAY – SATURDAY FRIDAY FRIDAY WEDNESDAY FRIDAY
INDEPENDENCE DAY – HOLIDAY CAI’S M204 GOVERNANCE – PALM DESERT – CEU CAI’S M100 CA ESSENTIALS – SANTA ANA – CEU CAI’S CID LAW COURSE – PALM DESERT – CEU CAI’S M202 COMMUNICATIONS - RIVERSIDE - CEU CAI-CV BOARD MEETING CAI’S EDUCATED BUSINESS PARTNER COURSE
AUGUST 3 14 16-17 17 23-24 29
FRIDAY MANAGER ON THE RUN (MOTR) – CEU TUESDAY HOA BOARD BASIC TRAINING THURSDAY – FRIDAY CAI’S M203 LEADERSHIP – PALM DESERT – CEU FRIDAY (Date May Change) DAY AT THE RACES – DEL MAR – CEU THURSDAY – FRIDAY CAI’S M206 FINANCIAL – SANTA ANA – CEU WEDNESDAY BOARD MEETING
SEPTEMBER 3 11 12-15 21 25 26 27-28
MONDAY TUESDAY WEDNESDAY-SATURDAY FRIDAY TUESDAY WEDNESDAY THURSDAY - FRIDAY
LABOR DAY – HOLIDAY HOA BOARD BASIC TRAINING CAI’S LARGE-SCALE WORKSHOP – CEU LUNCH PROGRAM & MINI TRADE SHOW – CEU NEW MEMBER ORIENTATION BOARD MEETING CAI’S M203 LEADERSHIP - SANTA ANA - CEU
OCTOBER 5 8 11-13 12 16 18 19 24 26 31
FRIDAY MONDAY THURSDAY-SATURDAY FRIDAY TUESDAY THURSDAY FRIDAY WEDNESDAY FRIDAY WEDNESDAY
MANAGER ON THE RUN (MOTR) – CEU COLUMBUS DAY – HOLIDAY CAI’S MANAGEMENT COMPANY CEO RETREAT – CEU OKTOBERFEST HOA BOARD BASIC TRAINING CAI’S CLAC LEGAL FORUM FUNDRAISING DINNER CAI’S CA STATEWIDE LEGAL FORUM – CEU CAI’S CID LAW COURSE – PALM DESERT – CEU LUNCH PROGRAM & MINI TRADE SHOW – CEU CAI-CV ANNUAL MEETING & ELECTION
NOVEMBER 1-3 9 12 13 15-16 16 22-23 28
THURSDAY-SATURDAY FRIDAY MONDAY TUESDAY THURSDAY-FRIDAY FRIDAY THURSDAY-FRIDAY WEDNESDAY
CAI’S M100 COURSE – PALM DESERT – CEU CAI-CV STRATEGIC PLANNING VETERANS DAY – HOLIDAY HOA BOARD BASIC TRAINING CAI’S M204 GOVERNANCE – SANTA ANA – CEU LEGISLATIVE UPDATE & MINI TRADE SHOW – CEU THANKSGIVING – HOLIDAY CAI-CV BOARD MEETING
DECEMBER 6-8 7 7 7 7 19 24-25
THURSDAY-SATURDAY FRIDAY FRIDAY FRIDAY FRIDAY WEDNESDAY MONDAY-TUESDAY
CAI’S M100 COURSE – SANTA ANA – CEU BOARD MEMBER WORKSHOP (BMW) MANAGER ON THE RUN (MOTR) – CEU HOLIDAY OPEN HOUSE CMCA CHALLENGE - CEU CAI-CV BOARD MEETING CHRISTMAS – HOLIDAY
JANUARY 2019 26
FRIDAY
2018 AWARDS & MONTE CARLO NIGHT
SAVE THE DATE Friday, January 26, 2018, 5:30 p.m. Â Agua Caliente Spa Resort Casino 32250 Bob Hope Drive, Rancho Mirage REAL ROOFING KNOWLEDGE FOR REAL ROOFING SOLUTIONS
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CAI-CV.org
facebook.com/CAICV
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25
MEET THE COMMITTEE CHAIR Oktoberfest's Committee Chair Ronda Henry CAI Coachella Valley was lucky enough to have Servpro of Palm Desert Business Development Specialist Ronda Henry as its most recent Oktoberfest Committee Chair. Servpro of Palm Desert has been a member of CAI-CV for over the past 20 years and Ronda notes that during the last year and a half as the representative, she has had the invaluable and fun opportunity to get to know the community association managers and business partners that she works with every day. “I’ve learned a lot about the daily tasks of property managers and management companies. I enjoy building working relationships with the members of CAI.” And she’s discovered that a great way to build those relationships is to jump right in as a volunteer. Ronda served on the Casino Committee last year, and her efforts were recognized by being honored with the “Above and Beyond” award for her involvement. This year she serves on the Awards Committee, and Committee Chair of Oktoberfest Committee. Her first year as a Chair proved to be a very successful opportunity. The recent event featured a chili cook off (could it become an annual feature…?), and those who attended the 2017 CAI Coachella Valley Oktoberfest will say, “viel spab!” (“Lots of fun!”) Outside of work and volunteering at CAI-CV, Ronda is a mother of 5 and a grandmother of 3 grandchildren. She also volunteers at her church as a Sunday school teacher, coaches her daughter’s Youth Cheer squad, and volunteers for community outreach programs, such as Angel Tree, that serves troubled kids affected by incarcerated parents. In her spare time, Ronda loves to watch football and spend time with her family, “ideally on a warm beach…” 26 Quorum November, 2017
CAI-CV 2018 ADVERTISING & SPONSORSHIP PLANS DUE DECEMBER 15, 2017 Platinum, Gold and Silver Sponsors receive a discount* on their total cumulative investment in CAI-CV. Quorum and Directory advertising is included in your total investment and discounted along with sponsorships. Platinum, Gold, Silver and Bronze Sponsors must meet the prepayment deadline of January 19, 2018 to be recognized as Corporate Sponsors. To receive a discount, selections must at received by the CAI-CV office by Friday, December 15, 2017 and prepayment for sponsorships, events and advertising must be received by January 19, 2018. If there is a conflict with a specific event or program, the member with the higher level of corporate sponsorship will have the first right of refusal. Platinum Sponsors from 2017 will have access to choose their 2018 sponsorships three days before they are open to the general membership.
NEW! In 2018, ALL Corporate Sponsors will be highlighted in the Chapter’s new APP under the "Quick Reference" button for 12 months for FREE.
PLATINUM SPONSOR INVEST $8,000 AND UP
• 10% discount on total CAI-CV investment prepaid in full by 1/19/18*
GOLD SPONSOR INVEST $5,000 TO $7,999
• 7.5% discount on total CAI-CV investment prepaid in full by 1/19/18*
SILVER SPONSOR INVEST $3,000 TO $4,999
• 5% discount on total CAI-CV investment prepaid in full by 1/19/18*
BRONZE SPONSOR INVEST $1,500 TO $2,999 • Prepaid in full by 1/19/18*
!
NEW
QUARTERLY PAYMENT PLAN QUARTERLY PAYMENT PLAN AVAILABLE
• In 2018, Silver, Gold and Platinum Corporate Sponsors may choose a quarterly payment plan instead of receiving corporate discounts. Call for more information.
DATES TO REMEMBER BE A 2018 CORPORATE SPONSOR
FRIDAY DEC. 15 2017
Last day to turn in plans
FRIDAY JAN. 19 2018
Last day to prepay sponsorships or sign up for the quarterly payment plan. MINIMUM CORPORATE SPONSOR LEVEL IS ONLY $1500
ABOUT CAI CALIFORNIA
s ’ V n C o I t i ts A C lec sul E e R
O
n Wednesday, October 25, 2017, CAI-CV held their annual meeting to elect new directors to the CAI-CV board. The CAI-CV bylaws state that if there are an equal number of candidates to the number of open positions, there is no need to hold a membership-wide election. For this reason, the four candidates presented by the Nominating Committee were elected to the board by the Chapter Secretary and will begin serving a three-year term on January 1, 2018. Three of the Directors are beginning their second term. Tad Black from Associa OnCall is leaving the CAI-CV Board after serving two terms. Please join us in thanking Tad for his service.
NEWLY ELECTED CAI-CV DIRECTORS: INCUMBENT Rhonda Drews, PCAM, Senior Vice President of Operations, Associa Desert Resort Management, MEMBER TYPE: MANAGER INCUMBENT Matthew Lawton, CIRMS, CIC, Insurance Agent, Prendiville Insurance Agency, MEMBER TYPE: BUSINESS PARTNER PRESIDENT GEN WANGLER, ESQ., CCAL
PAST PRESIDENT PHYLLIS HARKINS
PRESIDENT ELECT MIKE TRAIDMAN
INCUMBENT Jolen Zeroski, CMCA, Senior Regional Account Executive, Union Bank Homeowners Association Services, MEMBER TYPE: BUSINESS PARTNER NEW DIRECTOR Dea Franck, Esq., Community Association Counsel, Epsten Grinnell & Howell, APC, MEMBER TYPE: BUSINESS PARTNER
CAI-CV ANNOUNCES 2018 BOARD AND EXECUTIVE COMMITTEE MANAGER DIRECTOR RHONDA DREWS
MANAGER DIRECTOR GERARD GONZALES
TREASURER JOLEN ZEROSKI
On January 1, 2018, the following CAI-CV members will be serving on the board and executive committee:
EXECUTIVE COMMITTEE President Gen Wangler, Esq., CCAL, Business Partner Director Past President Phyllis Harkins, Manager Director President Elect Mike Traidman, Homeowner Leader Director BUSINESS PARTNER DIRECTOR MATT LAWTOON
HOMEOWNER LEADER DIRECTOR LOUISE STETTLER
SECRETARY JOHN WALTERS-CLARK
Treasurer Jolen Zeroski, Business Partner Director Secretary John Walters-Clark, Manager Director
DIRECTORS AT LARGE Cardinal Ambrose, Manager Director Rhonda Drews, Manager Director Dea Franck, Esq. Business Partner Director Gerard Gonzales, Manager Director Matt Lawton, Business Partner Director MANAGER DIRECTOR CARDINAL AMBROSE
BUSINESS PARTNER DIRECTOR DEA FRANCK, ESQ.
Louise Stettler, Homeowner Leader Director CAI-CV.org
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27
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NPGASPHALT.COM So-Cal: 951.940.0200 Desert Division: 760.320.9600 Proud Members of: BIA,BOMA,CAI,IREM,CACM,CREW 28
Quorum November, 2017
FEATURE
Brief History of the Davis Stirling Act By Adrian Adams, Esq.
C
ommon interest developments were first regulated in California in 1963 with the passage of the California Condominium Act. However, the laws affecting homeowners associations were scattered throughout the Corporations Code and the Civil Code and did not adequately address the unique issues posed by community associations.
FORMATION OF THE ACT Through the efforts of Assemblyman Lawrence W. Stirling, author of the legislation, law professor Katharine Rosenberry who drafted the language of the Act, a comprehensive body of law governing common interest developments was drafted in 1985. Assemblyman Gray Davis who was chair of the Housing Committee and later become Governor of California added his name to what became known as the Davis-Stirling Common Interest Development Act. The legislation was signed into law by Governor Deukmejian on September 18, 1985 and went into effect January 1, 1986 as Civil Code §§1350-1378.
TASK FORCE A "Task Force" of attorneys and management professionals assisted with the writing and passage of the Act. Task Force members were: Peter Saputo, Gary Aguirre, Curtis Sproul, David Van Atta, Michael Packard, Melinda Masson, F. Scott Jackson, Brian Greenberg, and Wayne Hanson.
STABILITY AND DISCLOSURES The Davis-Stirling Act brought stability to the governance of the millions of Californians served by community associations. It did so by creating financial safeguards, disclosures, insurance protections and reserves in a framework that allowed community associations to govern themselves through elected representatives in each community.
DAVIS-STIRLING REWRITE Each year from Act's passage, the legislature amended, revised and added to the numerous provisions of the Act. Due to growing length and complexity of the Davis-Stirling Act, the California Law Revision Commission, under the leadership of attorney Brian Hebert, reorganized and renumbered the Act into Civil Code §§4000-6150. The rewrite took effect January 1, 2014. Whereas the original Act was only 25 pages long, the Rewrite was 100 pages long with an additional 100 pages dedicated to a separate Commercial & Industrial Common Interest Development Act (which previously was a small section in the original Davis-Stirling Act).
RETROACTIVE The Davis-Stirling Act applies to all forms of residential common interest developments in California, including those in existence prior to the Act.
CORPORATIONS CODE The Davis-Stirling Act applies to all common interest developments in California. In addition, the Corporations Code applies to all incorporated associations. From time to time, there are conflicts between governing documents and statutes which can be resolved using established rules of interpretation. Adrian Adams, Esq., is the Founder of Adams Stirling PLC. He has an extensive background in the community association industry. Adams Stirling specializes in lake associations, golfing communities, equestrian associations, high-rise condominiums, stock cooperatives, business parks and ocean-front communities. CAI-CV.org
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29
YOU A R E I NV I TE D TO AT T END CA I- C V’ S A NN UAL
Holiday Open House & Charity Event BE NE F I T I NG T HE NA R R O W D O O R ’ S CH R IST M A S ST O R E DINNER, WINE, DJ ENTERTAINMENT, DANCING, HOLIDAY MUSIC, PHOTOS
FRIDAY, DECEMBER 1, 2017 5:30 P.M. Palm Valley Country Club 39205 Palm Valley Drive, Palm Desert PASTA NIGHT Italian Buffet, Wine with Dinner, Door Prizes UGLY HOLIDAY SWEATER CONTEST ORNAMENT DECORATING
FREE ADMISSION
Each year CAI-CV collects gifts for underprivileged local children by asking our members and guests to bring gifts in lieu of buying a ticket. Spread the holiday cheer by bringing an unwrapped gift for a child between 8 & 16 years old for The Narrow Door’s Christmas Store.
GET YOUR COMMUNITY INVOLVED
You and your neighbors can volunteer this year at the Christmas Store by contacting TheNarrowDoor.org or by calling 760-775-6200. The Narrow Door is a faith-based nonprofit charity that works year-round to provide assistance to the Valley’s less fortunate of any faith.
BE A SPONSOR
Angel Sponsor (Limit 2) $750 Photo Booth Sponsor (Limit 1) $500
Entertainment (No limit) $250 Scholarship (No limit) $200 ELF (No limit) $100
THANKS TO OUR SPONSORS TITLE SPONSOR Associa Desert Resort Management WINE SPONSOR SERVPRO of Indian Wells & Palm Springs SANTA SPONSORS AMS Paving, Inc. Pacific Western Bank Peters & Freedman, LLP Vantage Point Construction, Inc. ENTERTAINMENT SPONSORS CBCI Construction, Inc. Conserve LandCare Fiore Racobs & Powers, PLC Pacific Western Bank CLAC SPONSOR Pacific Western Bank ELF SPONSORS Asphalt MD’s Dunn-Edwards Corporation Frazier Pest Control, Inc. NPG Asphalt PrimeCo Seacoast Commerce Bank SERVPRO of Palm Desert
Board Member Workshop (BMW), Friday, December 1, 2017, 3:00 p.m., Palm Valley Country Club FREE - Includes FREE Wine and Dinner at CAI’s Holiday Open House CMCA Preparation Course & CMCA Test, Friday, December 1, 2017, 2:00 p.m., Palm Valley Country Club
30
RSVP online at CAI-CV.ORG or call 760-341-0559
Quorum November, 2017
CAI-CV Delegates & Liaison with the California Legislative Action Committee (CLAC) The California Legislative Action Committee (CLAC) is one of many CAI LACs, representing chapters in each of the U.S. states and in Congress. California’s LAC or CLAC relies on funding from the eight California chapters. CLAC has a small staff and a lobbyist in Sacramento that is responsible for representing the interests of common interest developments (CIDs) with lawmakers and regulators in Sacramento. In addition to providing funding, each chapter elects two Delegates and one Liaison to represent the Chapter on CLAC. CLAC Delegates are typically seasoned managers or CID attorneys. The Delegates review legal issues that impact the CID industry and consider actions that will benefit all or part of the industry. This includes reviewing legislation that has already been introduced and determining whether to support, oppose or seek amendments to fix the proposals. They also initiate legislation to fix onerous areas of CID law. The Liaison is the Chapter’s communications link to CLAC. The Liaison reports back to the CAI-CV office and board, the LSC, and provides updates to Quorum and to CAI members at the Chapter’s lunch programs. Delegates and Liaisons serve for a two-year term and may serve up to five terms. Each of the Chapters also has a Legislative Support Committee (LSC) to aid their Delegates and the statewide CLAC. Delegates must serve on the LSC for at least one year.
CLAC Buck-A-Door Campaign The California Legislative Action Committee (CLAC) is a volunteer committee of Community Associations Institute (CAI), consisting of homeowners and professionals serving homeowner associations (HOAs). CAI is the largest organization in California dedicated to the monitoring of legislation, educating elected state lawmakers and protecting the interests of those living in community associations. CLAC is working toward legislative solutions that are right for California homeowner associations with the ongoing and generous support of HOA communities across the state. Join CLAC’s efforts by donating one dollar for each household in your community. YES, I’DI’D LIKE TOTO SUPPORT CAI-CLAC WITH A PLEDGE! YES, LIKE SUPPORT CAI-CLAC WITH A PLEDGE!
CLAC PLEDGE FORM PLEASE LET LET US KNOW WHICH CAI CAI PLEASE US KNOW WHICH CHAPTER(S) YOUYOU AREARE DONATING TO: TO: CHAPTER(S) DONATING
HOA PLEDGE HOA PLEDGE X X
Number of Doors Number of Doors
= =
A Buck Door More Aa Buck a or Door or More
Total Pledge Total Pledge
PROFESSIONAL’S PLEDGE PROFESSIONAL’S PLEDGE X X
= =
Professional Hourly Rate RateNumber of People in Firm Professional Hourly Number of People in Firm
FLAT RATE PLEDGE FLAT RATE PLEDGE
BayBay Area Central Area Central California North California North Channel Islands Channel Islands Coachella Valley Coachella Valley
Total Pledge Total Pledge
Total Pledge Total Pledge
Greater Inland Empire Greater Inland Empire Greater LosLos Angeles Greater Angeles Orange County Regional Orange County Regional SanSan Diego Diego
NAME NAME
TITLE TITLE
FIRM/COMPANY NAME FIRM/COMPANY NAME
ASSOCIATION NAME ASSOCIATION NAME
ADDRESS ADDRESS
a.
b.
CAI-CV DELEGATES a. Christina Baine DeJardin, Esq., Partner, Peters & Freedman, L.L.P. b. Steven Shuey, PCAM, Manager and Consultant, Personalized Property Management
c.
CITYCITY
STATE STATE
PHONE PHONE
E-MAIL E-MAIL
ZIP ZIP
METHOD OF OF PAYMENT - Return thisthis completed form to the address below METHOD PAYMENT - Return completed form to the address below Check enclosed payable to CAI-CLAC Check enclosed payable to CAI-CLAC
Credit CardCard – Amex Visa Visa Mastercard Discover (circle one)one) Credit – Amex Mastercard Discover (circle
NAME ON ON CARD NAME CARD
BILLING ADDRESS BILLING ADDRESS
CITYCITY
STATE STATE
ZIP ZIP
CREDIT CARD NUMBER CREDIT CARD NUMBER
CAI-CV LIAISON c. Clint Atherton, PCAM, General Manager, Outdoor Resort Palm Springs If you would like to join the CAI-CV LSC, please contact the CAI-CV office or go online and fill out a Committee Volunteer Form.
SECURITY CODE SECURITY CODE
EXPIRATION DATE EXPIRATION DATE
SIGNATURE SIGNATURE
DATE DATE
CAI CAI California Legislative Action Committee (CLAC), is a 501(c)(6) not-for-profit California Legislative Action Committee (CLAC), is a 501(c)(6) not-for-profit organization. Contributions or gifts to CAI California Legislative Action Committee organization. Contributions or gifts to CAI California Legislative Action Committee are not deductible for federal income tax purposes. are not deductible for federal income tax purposes.
888.909.7403 faxfax| www.caiclac.com 888.909.7403| 916.550.9488 | 916.550.9488 | www.caiclac.com 1809 S Street | Suite 101-245 | Sacramento, CACA 95811 1809 S Street | Suite 101-245 | Sacramento, 95811
31
CHAPTER EVENTS
CAI-CV’s October Educational Lunch Program
How Boards Get Into Trouble Friday, October 13, 2017
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Quorum November, 2017
EXCERPTS FROM THE OCTOBER 13 LUNCH PROGRAM, HOW BOARDS GET INTO TROUBLE, WILL BE PRINTED IN THE UPCOMING DECEMBER ISSUE OF QUORUM.
CHAPTER EVENTS
GUEST SPEAKERS JULIE BALBINI, ESQ. HOA Legal Counsel Fiore Racobs & Powers, A PLC GLORIA KIRKWOOD, PCAM Association General Manager, Palm Valley Homeowners Association Associa Desert Resort Management MIKE TRAIDMAN Director & Treasurer, Mira Vista at Mission Hills HOA Chairman, Desert Area HOA Council Director, CAI-CV
THANKS TO OUR SPONSORS PROGRAM BOOTH SPONSORS All Counties Fence and Supply AMS Paving Beaumont Gitlin Tashjian BRS Roofing Conserve LandCare Diversified Asphalt Products EmpireWorks Epsten Grinnell & Howell, APC Flood Response Frazier Pest Control G4S Secure Solutions USA Horizon Lighting McDonnell Roofing Nissho of California NPG Asphalt Pacific Western Bank Prendiville Insurance Agency Purified Pool Water Robert A. Owens, CPA Roof Asset Management Silldorf Law Three Phase Electric Union Bank Vintage Associates, Inc. Western Pacific Roofing SPOTLIGHT TABLE SPONSOR EmpireWorks TABLE PEN SPONSOR Pacific Western Bank CAI-CV.org
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33
WATER WISE
New Rate Structure for Sewer Service Goes into Effect on
T
he Coachella Valley Water District (CVWD) is reminding customers that they will see changes in their sewer service bills effective Jan. 1, 2018. Some customers will pay less and others will pay more under restructured rates and charges. The new system is based on industry standards, simplifies how the rates are calculated, ties rates to actual water use and reflects the true cost of service. It eliminates the supplemental sewer cleaning charge and creates one residential and two business customer classes. HOAs are classified in a business category because of the types of facilities that are connected to HOA meters such as pools, restrooms, restaurants, community centers and clubhouses. About 40 percent of businesses will see a small decrease in their monthly sewer bills and about 60 percent of businesses will see minimal to significant increases in their sewer bills. Business customers will receive a message on their monthly bill starting in November that will show how the sewer rate restructure will affect them.
34
Quorum November, 2017
Businesses will be charged based on estimated sewage production and water use determined by average water use of a rolling three-year period that will be updated each year. Those who place the highest demand on the sewer system will see the most significant increases. New residential rates will no longer be based on six separate geographic locations in CVWD’s service area. All residential customers will pay the same sewer service rate, typically included in annual property tax bills. Homeowners in Cathedral City, Palm Desert, Rancho Mirage and Indian Wells will see an increase of about $1.44 per year on their sewer bill. Homeowners in La Quinta, Thousand Palms and the Salton Sea communities will see a decrease in their bills. Bills for all classes will include a fixed account charge that covers administrative costs and a service charge based on the estimated amount of wastewater sent into the sewer system.
Jan. 1 The district board of directors approved the new rate structure on June 27, 2017. CVWD has not changed sewer rates since 2010 and will see no increase in revenue under the new structure. Sewer rates pay for the operation and maintenance of the sewer system that includes 1,129 miles of pipe leading to five wastewater reclamation plants that treat an average 17 million gallons of wastewater every day. They also fund needed infrastructure upgrades, including system maintenance and cleaning 50,000 feet of sewer pipelines annually and pipeline improvement projects. CVWD staff members can answer questions about the new rate structure. Please call Assistant Director of Engineering Carrie Oliphant at (760) 398-2661, Ext. 2268 for more information or to schedule a meeting. For information online, visit www.cvwd.org/ratechanges, or call (760) 398-2651.
BOARD MEMBER WORKSHOP Ask the Attorney
Welcome Aboard New Business Partner Member
All Color Growers By Jay Powell
All Color Growers is located at 78790 Darby Road in Bermuda Dunes. Owners Isaac and Ashley Rosales operate one of the few commercial and residential color growers open seven days a week during the season. Unlike other large growers who bring plant material in from out of the area, Ashley and Isaac grow everything themselves. All Color Growers ensures that your flowers are acclimated to the arid desert weather. Ashley and Isaac met in college at Cal Poly Pomona where they both studied horticulture and received bachelor degrees in plant science. Isaac decided at an early age working for his mother’s plant nursery (Rosales Nursery in Thermal) that this would be his lifelong profession. In 2014, they bought All Color Growers from Isaac’s mother. As husband and wife, they manage all the growing and day to day operations. They offer one-gallon, four-inch and 36-count color packs of flowering plants, from geraniums to petunias. They grow everything that thrives in our desert conditions. With a five-acre growing facility, you will always find a good selection. They include free delivery on larger orders and welcome contract specific grown color for golf courses, HOA’s and commercial landscape companies. They have 4-14 employes depending on the time of the year. All Color Growers is open from 6:30 a.m. to 4:00 p.m., Monday through Saturday, and open until 2:00 p.m. on Sundays during the season. They are closed Sundays during the summer. Ashley and Isaac can be reached at (760) 772-9060. Both Ashley and Isaac are big baseball fans and enjoy taking their daughter and a son to Dodgers and Angels games. They have a yearly ritual of packing up the family and going to Dodger’s Spring Training every year in Glendale, Arizona. CAI-CV welcomes Ashley and Isaac to our chapter. We hope you will all stop by their facility and consider them when purchasing color for your homes and associations.
BOARD MEMBER WORKSHOP (BMW ) DATE: FRIDAY, DECEMBER 1, 2017
TIME: 2:30 P.M. REGISTRATION 3:00 P.M. TO 5:00 P.M. PROGRAM 5:30 P.M. TO 8:30 P.M. CAI-CV HOLIDAY OPEN HOUSE (FREE) COST: ONLY $10 PER PERSON (INCLUDES ADMISSION TO CAI-CV’S HOLIDAY OPEN HOUSE) GUESTS ARE INVITED TO BRING AN UNWRAPED TOY FOR THE CHRISTMAS STORE CHARITY OCATION: PALM VALLEY COUNTRY CLUB L 39205 PALM VALLEY DRIVE, PALM DESERT
RSVP: ONLINE AT CAI-CV.ORG OR CALL 760-341-0559.
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.
Jay Powell is the Business Development Manager for Ben's Asphalt. He can be reached at 760-413-2466 or by email at jay.powell@bensasphalt.com.
Find and fix indoor and outdoor leaks. Download copy of Water Wise at Home: A Guide to Finding Leaks at www.cvwd.org Learn more about CVWD’s rebate & discount program at www.cvwd/org/rebates
Stay connected with us! (760) 398-2651 www.cvwd.org
CAI-CV.org
facebook.com/CAICV
twitter.com/CAI_CV
35
EVENTS
California Statewide Legal Forum Was a Great Success By Steven Shuey, PCAM
H
omeowners and community association managers from so detailed that the CV chapter’s Programs Committee is all over the state of California gathered at the Sheraton considering an educational program on this topic soon. Universal Hotel in Universal City to hear 13 different educational Meanwhile, board members and management are advised programs offered by some of the State's renowned experts in the to handle requests from owners, whether written or oral, field of HOA law. There were approximately 600 in attendance. with considerable care and concern, documenting every step Business partners supported the event of the process. The DFEH will look with their sponsorships and offered carefully at how requests are handled. The evolving DEFH regulations participants their own education on Penalties (fines) for insufficient action are so detailed that the CV their products and services. will be costly. Board members should One of the programs that most note that responding to a DFEH comchapter’s Programs Committee impacted me was presented by plaint can be very time consuming and is considering an educational Janet Powers, Esq., CCAL, of Fiore, costly, requiring hours of management program on this topic soon. Racobs & Powers, alongside Gregory and board member time. Mann, Esq., of the Department of Fair There were many other sessions and Employment and Housing (DFEH) for the State of California. I understand that nearly all were rated five-stars by particiTogether, these two experts explained how the DFEH is becom- pants. Next year’s Legal Forum will be at the Pechanga Resort ing educated about common interest developments and how & Casino in Temecula on Friday, October 19, 2018. Mark your they will react to complaints from residents and employees calendars – this is a fantastic educational event. who report unfair treatment. The California DFEH is in the Steven Shuey is a Certified Professional process of adopting fair housing regulations for the first Community Association Manager (PCAM). He time in California’s history. The new regulations will be a serves on the national faculty of CAI and is a past very important part of the DFEH’s analysis and enforcement board member of the APCM. He also serves as a process for fair housing complaints. Associations will be delegate on the California Legislative Action Committee impacted greatly. (CLAC), representing the Coachella Valley Chapter. He is a Examples included discrimination claim issues and hancommunity association consultant with Personalized Property dling of requests for an accommodation related to a disability. Management. In January, 2017, he was awarded the lifetime It was interesting to note that "Assistance Animals" or "Support achievement award from CAI-CV. Steven may be contacted at Animals" are not classified as pets and therefore are exempt IslandMgr@aol.com. You can follow him on Twitter from "pet regulations." The evolving DEFH regulations are (www.twitter.com/@IslandMgr)
36
Quorum November, 2017
ADVERTISERS ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP.............................................................25
ASPHALT
CAI-CV
EDUCATED BUSINESS PARTNER
Choose Educated Business Partners Micha Ballesteros, Flood Response Rodney Bissell, Bissell Design Studios Inc. Susan Browne Rosenberg, CIH, Desert Cities Indoor Air, LLC Linda Cardoza, Alliance Association Bank
AMS PAVING................................................................................38 ASPHALT MD’S............................................................................13 NPG ASPHALT..............................................................................28
ATTORNEYS EPSTEN GRINNELL & HOWELL, APC..............................................6 FIORE RACOBS & POWERS, A PLC..............................................13 GREEN BRYANT & FRENCH, LLP..................................................11 GURALNICK GILLILAND & KNIGHTEN..........................................19 LAW OFFICE OF PEGGY REDMON................................................39 PETERS & FREEDMAN, LLP ........................................................28
BANKING
Rick Cech, Western Pacific Roofing Corporation
MUTUAL OF OMAHA BANK............................................................4
Tiffany Christian, Epsten Grinnell & Howell, APC
CONSTRUCTION
Adam Eves, Empire Works Lori Fahnestock, Powerful Pest Management Dea Franck, Esq., Epsten Grinnell & Howell, APC Julie Frazier, Frazier Pest Control, Inc. Erin Fujioka, G4S Secure Solutions, USA Elaine Gower, The Naumann Law Michael Graves, SCT Reserve Consultants Matthew Hills, Securitas Security Services USA, Inc. Tim Hoss, BEHR & KILZ Paints & Primers Jennifer James, Esq., Law Office of Jennifer James, Esq. Megan Kirkpatrick, Kirkpatrick Landscaping Services Jared Knight, Vista Paint Corporation Cyndi Koester, PCAM, SwedelsonGottlieb Katy Krupp, Fenton, Grant, Mayfield, Kaneda & Litt, LLP Larry Layton, Kirkpatrick Landscaping Services Alison LeBoeuf, PrimeCo Mike Mastropietro, OCBS, Inc. Chris Meyer, Asphalt MD's Greg Morrow, Eagle Roofing Products Fran Mullahy, Vintage Associates Mike Murrell, Farmers Insurance - Mike Murrell Agency Chet Oshiro, EmpireWorks Mallory Paproth, SCT Reserve Consultants Elisa Perez, Esq., Epsten Grinnell & Howell, APC Dana Pride, Automation Pride Brent Sherman, Animal Pest Management Services, Inc. Brittany Smith, Vantage Point Construction, Inc. Jillian Steele, Patio Products USA Dan Stites, CBCI Construction Kymberli Taylor-Burke, NPG Asphalt Jolen Zeroski, Union Bank Homeowners Association Services
The next Educated Business Partner class will be held Tuesday, January 20, 2018 at the CAI-CV office. Or, take the class any time at www.CAIONLINE.ORG.
VANTAGE POINT CONSTRUCTION, INC..........................................4
COMMUNITY MANAGEMENT ASSOCIA DESERT RESORT MANAGEMENT...................................3
ELECTRIC & WATER COACHELLA VALLEY WATER DISTRICT.......................................35
GATES & GARAGE DOORS AUTOMATION PRIDE....................................................................28
LAKE MAINTENANCE DWI..............................................................................................39
LANDSCAPING CONSERVE LANDCARE................................................................19 PRO LANDSCAPING.....................................................................15 RGA LANDSCAPE ARCHITECTS, INC..............................................3 SUNSHINE LANDSCAPE...............................................................39 WATERRITE - VINTAGE ASSOCIATES, INC...................................25
PEST CONTROL FRAZIER PEST CONTROL, INC.....................................................19 POWERFUL PEST MANAGEMENT................................................28
POOL PLASTERING AND WATER PURIFICATION PURIFIED POOL WATER...............................................................15
REALTORS BOARD OF REALTORS® MAGAZINE.............................................19
ROOFING BRS ROOFING..............................................................................39 ROOF ASSET MANAGEMENT.......................................................25 SUNTECH CONSULTING & ROOFING............................................19 WESTERN PACIFIC ROOFING.......................................................28
SECURITY AMS SECURITY............................................................................15 BAI BARCODE AUTOMATION, INC..................................................2 CAI-CV.org
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760-250-6232
Peggy@PeggyRedmonLaw.com
CA LIC. #907600 AZ LIC. #286198
www.brsroofing.com
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41-905 Boardwalk, A-2 Palm Desert, CA 92211
GREEN IS FOR LOCAL EVENTS
CAI-CV UPCOMING EVENTS
SIGN UP FOR LOCAL EVENTS AT CAI-CV.ORG AND FOR CAI NATIONAL EVENTS AT CAIONLINE.ORG
NOVEMBER
DECEMBER CONT.
CAI’s M100 Course in Palm Desert (for managers and board members) WHEN: Thursday-Saturday, November 2-4, 2017 WHERE: Residence Inn, Palm Desert CAI’s M204 Course WHEN: Thursday – Friday, November 16-17, 2017 WHERE: Santa Ana CAI-CV’s Legislative Update Program Lunch & Mini Trade Show (for all members) WHEN: Friday, November 17, 2017 WHERE: Sun City, Palm Desert CAI’s Case Study (for managers working on PCAM) WHEN: Thursday, November 30-Friday, December 1, 2017 WHERE: Santa Ana
CAI-CV Board Member Workshop (BMW) (for homeowner leaders) WHEN: Friday, December 1, 2017, 3:00 p.m. Registration WHERE: Palm Valley Country Club – Join us afterward for a FREE Pasta Night Dinner, Dancing CAI’s CMCA Preparation Course & CAMICB’s CMCA Exam (for managers) WHEN: Friday, December 1, 2017, Call CAI-CV Office for Details WHERE: Palm Valley Country Club – Join us afterward for a FREE Pasta Night Dinner, Dancing CAI-CV’s Manager on the Run (MOTR) (for managers) WHEN: Friday, December 8, 2017, 8:30 a.m. WHERE: Flood Response, Thousand Palms
DECEMBER CAI-CV Holiday Open House & Charity Event (for all members) WHEN: Friday, December 1, 2017, 5:30 p.m. WHERE: Palm Valley Country Club – FREE Pasta Night Dinner, Dancing
JANUARY CAI-CV Awards & Monte Carlo Night WHEN: Friday, January 26, 2018, 5:30 p.m. WHERE: Agua Caliente Casino Resort Spa
REGISTER ONLINE AT WWW.CAIONLINE.ORG, EVENTS
2017 CORPORATE SPONSORS PLATINUM______ AMS Paving Asphalt MD’s Associa Desert Resort Management Bissell Design Studios Inc. Conserve LandCare Diversified Asphalt EmpireWorks Fiore Racobs & Powers, A PLC NPG Asphalt Pacific Western Bank Roof Asset Management Signarama Sunshine Landscape Vantage Point Construction Western Pacific Roofing
GOLD___________ AMS Security BRS Roofing CBCI Construction Epsten Grinnell & Howell, APC Flood Response G4S Secure Solutions Lloyd Pest Control Mutual of Omaha Peters & Freedman, L.L.P. Prendiville Insurance Agency PrimeCo Purified Pool Water Vintage Associates
SILVER__________ Artistic Maintenance, Inc Automation Pride Barcode Automation, Inc. Coachella Valley Water District DWI Farley Interlocking Pavers Frazier Pest Control Horizon Lighting Painting Unlimited, Inc. Powerful Pest Management Seacoast Commerce Bank Three Phase Electric Union Bank Homeowners Association Services
BRONZE________
Accurate Leak Locators Adams Stirling, PLC Albert Management, Inc. All Counties Fence and Supply Association Reserves Bank of Southern California Ben’s Asphalt, Inc. Dunn-Edwards Paint Corp. FirstService Residential Frontier Communications Guralnick, Gilliland & Knighten Kasdan LippSmith Weber Turner, LLP LaBarre/Oksnee Insurance Agency Law Office of Jennifer James, Esq.
PatioShoppers Commercial Furnishings Powerstone Property Management Pro Landscaping, Inc. S.B.S. Lien Services SCT Reserve Consultants SERVPRO of Palm Desert SERVPRO of Palm Springs/Indian Wells Sherwin-Williams Paint Co. Silldorf Law, LLP Suntech Consulting & Roofing The Management Trust United Paving U.S. Security Associates Vista Paint Corporation