Quorum January 2019

JANUARY 2019

JANUARY 2019

FEATURING 8 Coronado Gardens 12 HOA New Year's Resolutions 26 Proposition 65 Warning Signs 34 QUORUM - Year In Review 39 New Laws from the 2018 Legislature

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I N N O V A T I O N ,

E X P E R T I S E

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S E R V I C E

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Quorum January, 2019

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2019 QUORUM COMMITTEE MEMBERS

CONTENTS CAI-CV

JENNIFER JAMES, ESQ., CHAIR Green Bryant & French, LLP

CAI-CV

RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc.

EDUCATED BUSINESS PARTNER

EDUCATED BUSINESS PARTNER

GEN WANGLER, ESQ., CCAL, BOARD LIAISON Fiore Racobs & Powers, A PLC DIANE CARMONY Coachella Valley Water District SIERRA CARR, CMCA Trilogy La Quinta

8

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DEA FRANCK, ESQ. Epsten Grinnell & Howell, APC

CAI-CV

EDUCATED BUSINESS PARTNER

Y 2018 JANUAR

BRUCE LATTA, CMCA Parc La Quinta

RY 2018

MARNE LOGAN, CCAM The Management Trust Desert Division

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KUMAR S. RAJA, ESQ. Tinnelly Law Group

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DAVID SCHUKNECHT, CMCA, AMS Personalized Property Management FEATUR ING

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CAI-CV

EDUCATED BUSINESS PARTNER

39

8 Coronado Gardens

By Marne Logan, CCAM

12 HOA New Year's Resolutions

By Kelly G. Richardson, Esq., CCAL

26 Proposition 65 Warning Signs

By Susan Browne Rosenberg and Kumar Raja, Esq.

34 QUORUM - Year In Review 39 New Laws from the 2018 Legislature

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By Sandra L. Gottlieb, Esq., CCAL

Quorum January, 2019

munity

JOSH WIDENMANN MRC Smart Technology Solutions A Xerox Company

ive Trees Surv

Mature ing tegy Landscap , Not Tree Foolish: Helping Our ention Stra 13

STEVEN SHUEY, PCAM Personalized Property Management

s/Respect lism/Ethic

FEATUR ING

FEATURES

Magazine

JIM SCHMID The Lakes Country Club

Desert ty Palm sociation 9 Sun Ci ity As Commune the Dream” FEATUR ING

Institute

SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC

CAI-CV

EDUCATED BUSINESS PARTNER

me s New Ho CAI-CV'

2018

CREATIVE DIRECTOR & GRAPHIC DESIGNER 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.

Quorum Magazine is printed at the CAI-CV Office on a Xerox Versant 180 Press.

Discounted printing is now available to CAI members. Call Bissell Design Studios, Inc. at (714) 293-3749 or the CAI-CV office for more information, (760) 345-0559.

ADVERTISERS ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP...........................................21

ASPHALT AMS PAVING..............................................................17 ASPHALT MD'S..........................................................32 NPG ASPHALT............................................................15

ATTORNEYS

24

BEAUMONT TASHJIAN...............................................11 FIORE RACOBS & POWERS, A PLC............................32 GREEN BRYANT & FRENCH, LLP................................13 GURALNICK GILLILAND & KNIGHTEN........................15 LAW OFFICE OF PEGGY REDMON..............................21

BANKING MUTUAL OF OMAHA BANK........................................42 POPULAR ASSOCIATION BANKING............................13 UNION BANK..............................................................21

DESIGN BISSELL DESIGN STUDIOS, INC.................................47

CONSTRUCTION

33 33

VANTAGE POINT CONSTRUCTION, INC......................31

FLOOD REPAIR FLOOD RESPONSE.....................................................27

GATES & GARAGE DOORS AUTOMATION PRIDE..................................................46 BARCODE AUTOMATION, INC......................................3

INSURANCE BROKERS CLINE AGENCY INSURANCE BROKERS......................19 PRENDIVILLE INSURANCE AGENCY..........................11

IT SERVICES MRC SMART TECHNOLOGY SOLUTIONS A XEROX COMPANY...................................................17

LANDSCAPING

CHAPTER NEWS

41

7 CAI-CV New & Renewing Members 32 CAI-CV Educated Business Partners 41 Welcome Aboard

MANAGEMENT COMPANIES ALBERT MANAGEMENT INC........................................2 ASSOCIA DESERT RESORT MANAGEMENT...............47

C.L. Sigler & Associates, Inc.

By Susan Browne Rosenberg,

PAINTING FLANDERS PAINTING INC..........................................11

PEST CONTROL

48 2018 Corporate Sponsors

CHAPTER EVENTS

DEPARTMENTS

24 Holiday Open House & Charity Event

6 President’s Message 28 HOA Law

December 7, 2018

33 Board Leadership Development Workshop

CONSERVE LANDCARE..............................................19 PRO LANDSCAPING INC.............................................17 SUNSHINE LANDSCAPE.............................................46 WATER RITE - VINTAGE ASSOCIATES, INC................21

CARTWRIGHT TERMITE & PEST CONTROL, INC..................................................27 FRAZIER PEST CONTROL, INC...................................21 POWERFUL PEST MANAGEMENT..............................15

POOL REMODELING GARDNER OUTDOOR AND POOL REMODELING...................................................46

A Year in Review: 2018 Case Law

By Sandra Gottlieb, Esq., CCAL

REALTORS PALM SPRINGS REGIONAL ASSOCIATION OF REALTORS............................................................31

December 7, 2018

22 Platinum Spotlight

RESERVES

Manager On the Run

45 Water Wise

ROOFING

December 7, 2018

44 2019 CAI-CV Event Calendar 48 Upcoming Chapter Events

Roof Asset Management

Two CVWD Stormwater Projects Selected to Receive EPA Federal Loans

By Katie Evans

ADVANCED RESERVE SOLUTIONS, INC.....................11 BRS ROOFING INC.....................................................11 ROOF ASSET MANAGEMENT.....................................21 SUNTECH CONSULTING.............................................27 WESTERN PACIFIC ROOFING.....................................15

SECURITY AMS CONNECT..........................................................19 SECURITAS................................................................38

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FROM THE CHAPTER

President’s Message Mike Traidman Mira Vista at Mission Hills HOA

H

appy New Year! I am looking forward to serving as CAICV’s President in 2019. Many of you know that I have been president of my HOA, Mira Vista at Mission Hills, for the past two years. I have also served as president of the Desert Cities HOA Council, formerly the President’s Council, for the past five years. In those capacities I’ve learned how education and best practices can impact the health and vitality of community associations. I am grateful for the outstanding education CAI offers. My hope is to continue to expand CAI’s educational reach to more community managers and board members this year. For the first time, CAI-CV will offer ALL the prerequisite courses needed for managers to gain their Professional Community Association Manager (PCAM) designation. We have also tripled the number of educational programs available to community board members and we will continue to promote CAI’s Educated Business Partner distinction to businesses who work with associations. With that in mind, our 2019 motto is, “Leadership Through Education.”

Following the October elections, we have some changes to the CAI-CV Board. Both Gen Wangler, Esq., CCAL, and Cardinal Ambrose, PCAM, were reelected to a second threeyear term. Congratulations! Newly elected to the board is longtime member Micha Ballesteros from Flood Response.

Welcome Micha. Phyllis Harkins, GM of Portola Country Club, resigned from the board in December to pursue other professional opportunities. We are grateful to Phyllis for her service to the Chapter, particularly for serving on the board and as president of CAI-CV in 2017. Phyllis will remain an active member of CAI-CV so you will continue to see her at our programs. We wish Phyllis all the best. Replacing Phyllis will be Steven Shuey, PCAM, from Personalized Property Management. Steven will also serve as chair of the CAI-CV Education Committee in 2019. He has been a member of CAI for more than thirty years, is on the CAI National faculty and has previously served as a director and president of CAICV. Steven will serve out Phyllis’ remaining year and will be eligible to run for two full terms beginning in 2020.

The Chapter is in good shape financially as we begin 2019.

Susan Marie Weber, our outside financial consultant (and mayor of Palm Desert) has given us a clean bill of health. We have achieved amazing momentum reaching and educating community board members over the past year and have added 120 Homeowner Leaders to our membership. Our overall membership increased 160 in 2018 and we hope to see that growth continue. We now have more than 915 active members and affiliates in the Coachella Valley Chapter.

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Quorum January, 2019

The CAI-CV Board and committee leadership will meet in a couple weeks for a strategic planning session to set out a strategy for the next three to five years. We will report back to you in a later edition of Quorum about the new strategic plan. We are fortunate to have a great team in place to help us accomplish our educational goals. Nearly 40 CAI-CV members will serve in leadership positions with the Chapter this year including committee chairs, co-chairs and our board of directors. Our 16 committees have about 150 volunteers each year. If you are interested in serving on a committee or in a leadership capacity with the Chapter, fill out the form on page 23 and notify the CAI-CV office. You can join a committee any time during the year.

Our first Educational Lunch Program & Mini Trade Show will be on Friday, January 11th. Comedian and Harvard professor Mimi Donaldson will be our guest presenter. On Friday, January 25th, we will hold the Mad Hatter Awards and Monte Carlo Night. We are back at the beautiful Omni Rancho Las Palmas Resort and this year the evening will include professional photos, a wine reception, unlimited faux gambling, a gourmet dinner and the awards program. Every committee member who attends will receive a custom collectable crystal paperweight as a thank you for their service. A limited number of free tickets are available for committee volunteers. Call the office if you would like help registering.

On February 1st, we will hold our first Manager on the Run (MOTR) program at the CAI-CV office. The program will teach managers best practices for communicating with and managing assistants. Our February Educational Lunch Program will be on Friday, February 8th and will focus on the impact of mandatory wage increases and labor shortages on association budgets. You won’t want to miss our esteemed panel of experts as they advise associations on what to expect over the next few years. For community board members, we will have a two-hour program scheduled for Friday, February 22nd, that will take an in-depth look at fiduciary duties and new California laws. For managers, we are offering CAI’s M-202 at the CAI-CV office on Thursday and Friday, February 28 and March 1st. You can register for any of these events online or with the new CAI-CV app.

One last note. With nearly 80 percent of residents in the Coachella Valley living in HOAs, we can have a tremendous impact on the quality of life and value of homes in the Valley. I look forward to working with all of you this year as we continue our efforts to build thriving communities.

Mike Traidman Mike Traidman

Mira Vista at Mission Hills HOA

CAI-CV NEW & RENEWING MEMBERS NEW BUSINESS PARTNERS

2019 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS

C.L. SIGLER & ASSOCIATES, INC. Chris Sigler (408) 922-0262 chris@siglercm.com

MIKE TRAIDMAN PRESIDENT Mira Vista at Mission Hills HOA MATT LAWTON, CIC, CIRMS PRESIDENT-ELECT Prendiville Insurance Agency

CREATIVE LIGHTING & ELECTRICAL, INC. CAI-CV

EDUCATED BUSINESS PARTNER

MARGARET "GEN" WANGLER, ESQ., CCAL PAST-PRESIDENT Fiore Racobs & Powers A PLC JOLEN ZEROSKI, CMCA TREASURER Union Bank

CAI-CV

EDUCATED BUSINESS PARTNER

DEA FRANCK, ESQ. SECRETARY Epsten Grinnell & Howell, APC

CAI-CV

EDUCATED BUSINESS PARTNER

Anthony Spinuzzi (909) 466-1200 anthony@clewire.com

FLOCK SAFETY Megan Heusel (404) 991-3293 meg@flocksafety.com

LUTRINGER ADR CONSULTING Richard Lutringer (760) 364-3740 Rlutringer@mac.com

CARDINAL AMBROSE, CMCA, AMS, PCAM DIRECTOR The Vintage Group

RENEWING BUSINESS PARTNERS

MICHA BALLESTEROS DIRECTOR Flood Response

John Weigold (760) 320-9991 jweigold@americanleakdetection.com

AMERICAN LEAK DETECTION CAI-CV

EDUCATED BUSINESS PARTNER

RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management

DURAMAX BUILDING PRODUCTS

GERARD GONZALES DIRECTOR Albert Management, Inc.

MC PAINTING & CONSTRUCTION

STEVEN SHUEY, PCAM DIRECTOR Personalized Property Management LOUISE STETTLER DIRECTOR Palm Valley Country Club HOA

CAI Coachella Valley Office 75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org CAL LOCKETT Executive Director clockett@cai-cv.org 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.

Viken Ohanesian (323) 728-3023 sales@uspolymersinc.com

Ernest Casto (760) 323-8010 admin@mcbuildercorp.com

OCBS, INC. Mike Mastropietro (800) 834-2323 mike.mastropietro@ocbsonline.com

PATTON DOOR & GATE Al Johns (760) 250-7993 aj@pattondoorgate.com

SIGN-A-RAMA Jeff Grady (760) 776-9907 jeff@pdsignarama.com

THE INSPECTORS OF ELECTION, LLC Kurtis Peterson (858) 329-0009 kurtis@theinspectorsofelection.com

NEW NATIONAL CORPORATE MEMBERSHIP DISTINGUISHED PROGRAMS Michael Robbins (972) 865-4979 mrobbins@distnguished.com

RENEWING NATIONAL CORPORATE MEMBERSHIP

NEW HOMEOWNER LEADERS

SEACOAST COMMERCE BANK

Bonnie Muench

DESERT BRAEMAR, INC.

Tom Cheek (858) 432-7000 tcheek@sccombank.com

David Strom

NEW MANAGER MEMBERSHIPS

Bill Bergstrom

ASSOCIA DESERT RESORT MANAGEMENT

PALM VALLEY HOMEOWNERS ASSOCIATION, INC.

Marc Guiragossian (760) 346-1161 mguiragossian@drminternet.com Donald Wolfgram (760) 346-1161 dwolfgram@drinternet.com

CANYON ESTATES HOMEOWNERS ASSOCIATION Rosemary Chabala (760) 327-1346

RENEWING MANAGER MEMBERSHIPS Roxi Bardwell (510) 693-1620 roxikb3@gmail.com

DESERT PRINCESS HOMEOWNERS ASSOCIATION

Donna Darby

SUMMERSET SPRINGS HOMEOWNERS ASSOCIATION Krista Burrell Gary Lee Smith Bill Noren Paul Pope Ingela Sidhu Jan Terzian

RENEWING HOMEOWNER LEADERS DESERT PRINCESS HOMEOWNERS ASSOCIATION

Susan Percival (760) 767-5944 clubcircleeast@gmail.com

Russ Holowachuk Hal Katkov Henry Kras Don Milliagn Norm Stoehr Peter Webb

ASSOCIA DESERT RESORT MANAGEMENT

PALM SPRINGS SUNDIAL HOMEOWNERS ASSOCIATION

Rebecca Garrett (760) 777-8807 Ext. 1 bgarrett@drminternet.com Carl McCullough (760) 601-3228 cmccullough@drminternet.com

ELDORADO COUNTRY CLUB Kristi Foster (760) 423-1587 kristi@eldoradocc.org

PMI - COACHELLA VALLEY Kevin Crawford (442) 227-2030 Info@PMI-CV.com

PORTOLA COUNTRY CLUB Phyllis Harkins (760) 346-5481 phyllis.h@portolacc.com

Jaak Juhkentaal Donald Macintosh Richard Pass Karen Tabbah Anthony Toia

PALM VALLEY HOMEOWNERS ASSOCIATION, INC. Glenn Bjorklund Pete Browning James Colonna Art Coulter Neil Machlis Nick Speliopoulos

VICTORIA FALLS HOMEOWNERS ASSOCIATION Sdwen Friscia Bruce Jastramski Michael McDowell Robert Palone Thomas Well

POWERSTONE PROPERTY MANAGEMENT Wendy Cross (760) 567-5983 wcross@powerstonepm.com

THE MADISON CLUB OWNERS ASSOCIATION Llubisela Rios (760) 399-0492 lrios@madisonclubowners.org

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FEATURE

Coronado Gardens

By Marne Logan, CCAM

Coronado Gardens is a peaceful oasis where pride of ownership is evident as you enter the community. According to their manager, Kim Hansele from Millennium Community Management, “This is no ordinary community, it is a unique blend of ages and lifestyles where neighbors care for one another and strive for a peaceful and supportive environment. They are family friendly and embrace both retirees and first-time homebuyers.�

Coronado Gardens is a gated community of manufactured

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Quorum January, 2019

homes on twenty-eight well planned acres, located at 81736 Avenue 48, in Indio. There are 152 two-to-three bedroom single family homes that range in size from 1,200 to 1,800 square feet. Home values range from the low $100,000s to the low $200,000s. Assessments are affordable at $200 per month, and include Direct TV, a community pool, clubhouse with fitness center, and a pickle ball court. Assessments also include maintenance of common areas, gates and streets.

As you enter the community, you will immediately notice

FEATURE

“The open greenbelts that meander behind each of the homes are landscaped with plenty of trees and grass or have been converted to desertscape.�

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FEATURE the homes are arranged in cul-de-sacs, providing a safe environment for residents while creating a warm community feel. The open greenbelts that meander behind each of the homes are landscaped with plenty of trees and grass or have been converted to desertscape. Walkways throughout greenbelts and community are lit with LED energy efficient lighting with smart controllers so they can be safely enjoyed at night.

Coronado Gardens is located near retail outlets in Indio and La Quinta and they are close to the polo fields where many of Indio’s famous festivals take place. They are also close to JFK Hospital.

The Coronado Garden’s Board of Directors is governing for the future with the help of three standing committees; Architectural, Landscape and Social. They are working on reducing water usage by converting aging landscape to desertscape and upgrading their irrigation system.

Helping them with these projects and day-today maintenance are many CAI-CV members including Hort-Tech Landscape Management, Cartwright Pest Control, Martin Sweeping, and Horizon Lighting.

For more information about Coronado Gardens, contact Kim Hansele at Millennium Community Management at (760) 834-8948 or by email at kim@mcmiskey.com.

Marne Logan, CCAM, is a community association manager for The Management Trust Desert Division.

She can be reached at 760-340-1703, or by email to marne. logan@managementtrust.com.

Email Admin@cai-cv.org if you want your community featured in Quorum.

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Quorum January, 2019

License #0E02075

ADVANCED RESERVE SOLUTIONS, INC.

ADVANCED RESERVE SOLUTIONS, INC.

ROXI K. BARDWELL, PCAM, CCM

ROXI K. BARDWELL, PCAM, CCM

Regional Vice President LIC. #493686 | INSURED

Regional Vice President

(760) 341-4345

7 7 - 5 6 4 B C o u n t r y C l u b Drive, Suite 3 1 0 Palm Desert, CA 9 2 2 1 1

• The HOA • Specialist C 510.693.1620 O 760.295.1864

7 7 - 5 6 4 B C o u n t r y C l u b Drive, Suite 3 1 0 Palm Desert, CA 9 2 2 1 1

C 510.693.1620 • O 760.295.1864

• 25 years in the Coachella Valley • Over 20,000 homes painted • Our Foremen have been with us for 30 Years!!!

We believe that operating a quality, painting ADVANCED RESERVE SOLUTIONS INC. business is really very simple ...

“Our must be as CCM good as the ROXI K. Bwork ARDWELL , PCAM, money you paid Regional Vice President us.”

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www.FlandersPainting.com

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SPECIALIZING IN

ADVANCED RESERVE SOLUTIONS, INC. COMMUNITY ASSOCIATION INSURANCE

ROXI K. BARDWELL, PCAM, CCM Regional(760) Vice 770-5868 President ext.302 Matthew Lawton CIC, CIRMS Matt@PrendivilleAgency.com

www.HOAville.com

7 7 - 5 6 4 B C o u n t r y C l u b Drive, Suite 3 1 0 Palm Desert, CA 9 2 2 1 1

71687 Highway 111, Suite 203, Rancho Mirage, CA 92270

C 510.693.1620 • O 760.295.1864

ADVANCED RESERVE SOLUTIONS, INC.

ADVANCED RESERVE SOLUTIONS, INC.

ROXI K. BARDWELL, PCAM, CCM

ROXI K. BARDWELL, PCAM, CCM

Regional Vice President

Regional Vice President

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ADVANCED RESERVE SOLUTIONS, INC.

Assessment Collections

ROXI K. BARDWELL, PCAM, CCM

7 7 - 5 6 4 B C o u n t r y C l u b Drive, Suite 3 1 0 Palm Desert, CA 9 2 2 1 1

C 510.693.1620 • O 760.295.1864

ADVANCED RESERVE SOLUTIONS, INC. ROXI K. BARDWELL, PCAM, CCM

Regional Vice President 866.788.9998

Regional Vice President

HOAattorneys.com

7 7 - 5 6 4 B C o u n t r y C l u b Drive, Suite 3 1 0 Palm Desert, CA 9 2 2 1 1

C 510.693.1620 • O 760.295.1864

7 7 - 5 6 4 B C o u n t r y C l u b Drive, Suite 3 1 0 CA LIC. #907600 AZ LIC. #286198 Palm Desert, CA 9 2 2 1 1

www.brsroofing.com

C 510.693.1620 • O 760.295.1864

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11

FEATURE

HOA New Year's Resolutions

By Kelly G. Richardson, Esq. CCAL

TO BETTER BEGIN THE NEW YEAR, MANY OF US MAKE RESOLUTIONS. THIS ARTICLE WILL SUGGEST RESOLUTIONS FOR ASSOCIATION DIRECTORS, HOMEOWNERS, MANAGERS AND SERVICE PROVIDERS.

HOA DIRECTORS ALWAYS: 1

Follow the Golden Rule.

(Paraphrase: “Treat others as you would like to be treated.”)

REBOOT OUR ATTITUDE: 2 We don’t control our neighbors; we serve them. An attitude of service will help us to be less defensive and stressed when neighbors challenge or criticize board decisions.

3 Advocate that our board follows the law and governing documents, spends money wisely and properly preserves and maintains community assets, while also being mindful of the board’s relationship with our HOA community. We will balance the legal, financial, property and community considerations in our decisions.

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Quorum January, 2019

4 Remember that our positions as volunteers are different than our work. Unlike at work, we cannot fire our HOA neighbors.

5 Be aware that not all neighbors know their rights and responsibilities under the law and governing documents, and we will be patient and willing to explain the rules and decisions.

BE KNOWLEDGEABLE: 6 Review our governing documents (CC&R’s, bylaws, and rules).

7 Review financial reports on budget, reserves, expenditures and delinquencies.

8 Understand the Business Judgment Rule and always make sure the board has sufficient basis for each decision.

9 Encourage my board colleagues to join a Community Associations Institute Chapter and take

advantage of the written materials, seminars and classes CAI offers to volunteers.

IMPROVE BOARD MEETINGS: 10 Help to limit our open board meetings to at most 2 hours with a goal of an average meeting length of 90 minutes.

11 Arrive at meetings prepared and having reviewed the agenda and board packet.

12 Listen attentively during open forum without interrupting, and give our neighbors the same level of courtesy and attentiveness that we expect from them during the board deliberations.

13 Stay on topic during discussions.

14 Meet in closed sessions only when clearly necessary and authorized by the Open Meeting Act.

Talk to us about your community association needs. We can help.

TEAMWORK:

We offer:1

15 Remember that my power as a

• Competitive fixed rates.

director is the ability to vote.

Even the president is only one vote. I won’t be a “Lone Ranger” but will be a team player.

• Financing for building repairs & capital improvements.

• Excess FDIC insurance coverage limits, available with ICS® and CDARS®.2

16 I will encourage directors to speak their minds. I won’t be insulted because a director disagrees with me.

• Cash management and lockbox services.

Learn more: Larry Hooper, V.P. Office: 714.864.5171 Toll free: 800.233.7164 LHooper@popular.com

17 If I disagree with my colleagues, I will try to convince them of my point of view. If the board votes against my position, I will support the board’s decision, even though I disagree.

18 I will let the manager manage. I will not direct management (the board directs management) or vendors (our manager directs vendors).

www.AssociationBankers.com

1. Subject to credit approval. 2. ICS® and CDARS® are registered service marks of Promontory Interfinancial Network, LLC. Copyright © 2018 Popular Bank. Member FDIC.

COMMUNITY BUILDING: 19 Be as open as possible. When a member asks for information or documents, I will first ask “why not?” rather than “must we?”

20 Encourage the use of committees to share workload and provide members opportunities for involvement.

21 Communicate better and more frequently with our neighbors (members) with newsletters, web page updates, e-mails and/or bulletins.

22 Confirm our manager holds a professional designation from an organization such as CAI, and can properly call themselves a California “Certified Common Interest Development Manager.”

23 Try to work out disputes with members before “going to legal.”

We can always call the HOA attorney next if our efforts fail.

LAST:

A FULL SERVICE LAW FIRM

Providing Practical Approaches in: CC&R Interpretation, Drafting and Enforcement Opinion Letters Contract Drafting and Negotiation Civil Litigation Assessment Recovery 75100 Mediterranean Palm Desert CA 92211

We are pleased to announce Jennifer James joining our law firm as of counsel.

760.565.5889 www.gbflawyers.com

24 Follow the Golden Rule.

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FEATURE board may not immediately have an answer or response to my questions or suggestions

17. I will use my open forum time to inform the board, not to argue with them, and after open forum I will not interrupt board deliberations.

18. Encourage others attending board meetings to behave with decorum and respect, as we are all neighbors.

HELPING: 19. Join a committee, helping share

HOA MEMBERS NUMBER ONE: 1. Follow the Golden Rule.

association property, supporting growth of our capital reserves fund and maintaining our buildings.

MY ATTITUDE:

BE KNOWLEDGEABLE:

2. Not refer to the HOA or board

10. Read the information the

as “they,” since it is all “us.”

The directors are also members who pay assessments and give their time to benefit us all.

3. Be neighborly, because shared ownership fails without cooperation.

4. Assume our directors are doing their best as volunteers and give them the benefit of the doubt.

5. Not first assume the board is incompetent or dishonest when I believe it is overspending.

6. Avoid the “my home, my castle” attitude. We share the benefits of common interest ownership, which means we also agree to share the control of our property.

7. Ask questions before making statements, criticizing, or accusations.

8. Acknowledge the board may have more information than me. This doesn’t mean the board is right, but it does mean my opinion might not be fully informed.

14

9. Take the long view of our

Quorum January, 2019

HOA sends to me.

11. Be familiar with the CC&R’s, bylaws, and rules. I will reduce confusion and disputes by understanding the use restrictions and rules.

12. Read the association budget and reserve study. I will ask informed questions, particularly about deviations from budget.

13. If I ask to review financial documents, I will not ask for “everything,” and request only documents which I really need, acknowledging my manager is not a librarian.

HELP BOARD MEETINGS: 14. Insist the board follow the Open Meeting Act, and only handle in closed session the limited items allowed by law. I will also help to contribute to orderly meetings.

15. Review the posted agenda before attending board meetings.

16. Organize my open forum remarks, and accept that the

the load of operating our HOA.

20. If I disagree with the board, I will first provide suggestions and information before criticizing.

COMMUNITY BUILDING: 21. Find ways to enhance our community’s image.

22. Try to resolve disputes with a neighbor or the association before “going to legal.” Legal counsel disputes can fracture relationships for years.

Neighborhood resolution is almost always more effective than lawyer action and court orders.

23. Participate in all member votes, even if only by mailing in my ballot.

24. Join a Community Associations Institute chapter, and suggest our HOA encourage directors to be educated members and hire credentialed managers.

25. Frequently find opportunities to thank our directors, committees, and manager for their service to the community.

26. Vote for directors who will have an attitude of service and do things the right way.

LAST: 27. Follow the Golden Rule.

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15

FEATURE COMMUNITY BUILDING 21. Work to increase meaningful and frequent communication with the members.

22. While advising the board and carrying out its instructions, I will focus on the association’s community needs as well as its financial, maintenance and legal concerns.

ETHICS: 23. Treat all members the same

MANAGERS NUMBER ONE: 1. Follow the Golden Rule.

ATTITUDE CHECK: 2. Remember I am a professional and will give the board the best advice I can. I am not employed to be silent.

3. Strive to give the board the answers it needs to hear regardless if it is the answer the board hopes for.

4. Avoid reacting defensively to upset homeowners and make sure they are informed as to the “whats” and also the “whys.”

5. If the board disregards my advice, I will document it in writing to the board.

6. Avoid being an expert when you are not. Refer the board to the appropriate specialized professional when appropriate.

7. Try to please all, while knowing that I can’t.

BE KNOWLEDGEABLE: 8. Pursue professional designations and attend seminars to keep up to date.

9. Be prepared at any board meeting to explain significant deviations from the budget.

16

Quorum January, 2019

regardless of how they treat me.

10. Understand the Business Judgment Rule and confirm the board has sufficient information to make each decision.

11. Encourage my board members to join the Community Associations Institute, knowing educated boards are better boards.

BETTER BOARD MEETINGS: 12. Protect the board from overly long or disorganized meetings.

13. Create agendas with consent calendars to quickly handle non-controversial items.

14. Alert the board when an agenda is too ambitious.

15. Become comfortable with the fundamentals of Robert's Rules of Order.

16. Help the board stay on topic and on agenda.

17. Alert the board if it is handling matters in closed session which should be in open session.

18. Bring the HOA governing documents, including all rules, to every meeting.

19. On each agenda item, be prepared to provide a recommendation or recommend retention of appropriate specialized expertise.

20. When homeowners in open forum criticize my work, I will listen respectfully.

24. When answering a question from a director, or giving a report, I will communicate to the entire board.

25. Remember my client is the HOA, not its board or president.

26. Will not take sides in elections or recalls, nor assist or advocate for or against any candidate. My opinions will remain secret.

27. Will reject vendors offering kickbacks, gratuities or commissions, and will promptly disclose such offers to the board.

28. Will not give a company related to my employer any advantage in bidding on HOA contracts.

VENDORS: 29. Advise the board when specialized expertise is needed.

30. Will not only recommend one favored vendor, but will provide my board with two or three candidates to consider.

31. Before the board evaluates major or complicated bids, I will suggest a consultant to help the board select the best and most complete proposal.

32. Will recommend the best bid, not simply the cheapest.

LAST: 33. Follow the Golden Rule.

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17

FEATURE ETHICS: 20. Never offer commissions to managers, or incentives of any kind. If a manager or director asks for improper benefits, I will refuse and disclose that request to the board.

21. Not give expensive gifts to managers or directors.

SERVICE PROVIDERS

10. Explain my company’s

NUMBER ONE:

11. Take instruction only from the

1. Follow the Golden Rule.

PROPOSALS: 2. Give the board the best proposal I can. If I think the association’s request for proposal is missing important elements of the work, I will add those elements to my proposal but will also disclose the extra costs of those items.

3. Tell the Board of Directors if they really don’t need my services right now.

4. Explain my recommendations, and never tell them just to “trust me.”

5. Promise only what I know I can deliver.

6. Not seek a contract of more than one year in length, unless there is no way to complete the work in less than a year.

KNOWLEDGE: 7. Pursue professional designations and attend seminars to keep me up to date.

8. Take the Educated Business Partner course from CAI, to make sure I am familiar with the unique needs and characteristics of common interest communities.

SERVICE: 9. Answer the board’s or manager’s questions promptly.

18

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charges, taking no offense. manager or from the person designated in the contract.

12. If a homeowner, even a committee chair or director, interferes with the work, I will immediately alert management.

13. If work outside the contract is needed, I will get written authorization for that work for which I have quoted a price.

14. If I recognize work outside my expertise is needed, I will not attempt the work but will immediately advise the association.

COMMUNITY RELATIONS: 15. Always be courteous to every resident, aware that my work might be occasionally disruptive to those residents.

16. Regularly provide updates to the board and management on major projects.

17. Volunteer at no charge on major projects to attend occasional “town hall” meetings to update the membership on progress.

18. At the end of each work day, I will make sure the work areas are clean and safe for the residents.

19. Not start work each day too early, nor end it too late, to avoid disturbing residents.

22. Never give preferential treatment or free services to directors, but will treat all association members equally.

23. Not advise or assist any homeowners to keep or attain a position on the board. I, as a vendor, will be neutral at all times.

24. If my company has any business relationship with the management company, I will not assume the manager has disclosed it, but will disclose that relationship to the board.

PERFORMANCE: 25. Always carry proof of workers' compensation and liability insurance and will provide that along with my proposal.

26. If there is work requested which my company is not licensed to perform, I will alert the association as early as possible.

27. Stand behind my company’s work and promptly correct any mistakes.

LAST: 28. Follow the Golden Rule.

Kelly G. Richardson, Esq. is a Fellow of CAI's College of Community Association Lawyers and Senior Partner of Richardson Ober PC, a California law firm known for community association expertise. Submit questions to Kelly@RichardsonOber.com. Past columns at www.HOAHomefront.com.

All rights reserved®.

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19

TE

SAVE THE DATE! CAI-CV Annual Awards and Monte Carlo Night

CO CH

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INSTITU

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NS O I T

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COMMUNI

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The Mad Hatter Ball Friday, January 25, 2019 5:30 p.m. | $65 - Members

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CHIPS SPONSOR Sunshine Landscape

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Frazier Pest Control LaBarre/Oksnee Insurance Agency

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ENTERTAINMENT SPONSOR

Quorum January, 2019

SPONSORSHIPS AVAILABLE AT WWW.CAI-CV.ORG

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21

CAI-CV

2019 PLATINUM SPONSOR SPOTLIGHT

ROOF A S S E T M A N A G E M E N T

R

LIC # 677708

oof Asset Management Inc. is a local, family-owned, full-service roofing company serving the entire Coachella Valley. Specializing in homeowners’ associations, we provide everything from leak repair service to complete large-scale re-roofing programs. Our success is attributed to our core beliefs: act with integrity, treat people like family, and “do the right thing.” The Winkle family has been in the roofing industry here in the valley for over 35 years and serves on several boards of directors for prominent industry organizations.

Although the roof is one of the most important components of a building, it is often “out of sight out of mind.” Roofs not only protect the building itself from the elements, they protect the contents of the home from sustaining water damage. Our harsh desert climate is particularly hard on roofing systems and is one of the greatest causes of roof failures. The expansion and contraction with the extreme temperature changes of building components create splits, tears and breakdown of seals that often result in roof leaks.

Roof Asset Management Inc. provides comprehensive maintenance programs that extend the serviceable life of all roofing systems. The minor cost of a well-designed and professionally implemented program can help roofing systems exceed their original expectations. Many leaks can be prevented from ever developing when comprehensive annual maintenance is performed.

When interviewing a roofing contractor for any project remember that you are “buying a promise.” As opposed to shopping for goods at different stores and finding the best price, roofing systems are built-in-place by journeyman roofers. There is truly no such thing as “apples to apples.” There are wide variances between materials, amounts of materials used, and installation techniques that separate roofing contractors. Hire a roofing professional that you trust will provide you with the highest level of quality and customer service.

The personnel at Roof Asset Management Inc. pride themselves in “doing what we say.” The relationships that have been established are built on caring about our customers’ needs and addressing them with true professionalism. Our employees are well trained and very knowledgeable. As qualified installers of most major material manufacturers, we can install the right roofing system designed specifically for each project.

Roof Asset Management Inc.’s team continues to grow. We would like to welcome Rick Cech as our new Director of Business Development and Zane Long as our Production Manager. The two of them will be attending many local events so please introduce yourself and help us welcome them to the team. Our family looks forward to continuing our support of CAI and other local organizations. We are thankful for the tremendous support that we have received from the community.

Thank you to Roof Asset Management Inc. for their generous support of CAI-CV! 22

Quorum January, 2019

JOIN A CAI-CV COMMITTEE

ABOUT CAI-CV

2019 VOLUNTEER FORM

STRUCTURE

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

The committee chair and co-chair will be appointed by the CAI-CV Board.

Committee members will be appointed by the committee chair.

A CAI-CV Board member will serve on each committee.

Committees will strive to include representatives from each CAI membership class.

The CAI-CV executive director will be a non-voting member of each committee.

Committee members are CAI Coachella Valley (CV) members in good standing.

Committee members may be removed from a committee if they miss two or more meetings (all meetings are available via conference call).

Committee members may serve on a committee for up to three one-year terms (exceptions may be granted by the board).

Committee members serve at the pleasure of the board and may be asked to move to another committee or to step down from a committee at any time.

FINANCE

Name Street Address City

• • • •

STANDING COMMITTEES

State

Zip

• Each committee will have a budget approved by the board.

• Committees will seek board or executive director approval before signing contracts or expending CAI-CV funds.

RESPONSIBILITIES

Work Phone 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.

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.

• Committee chairs and co-chairs will complete committee chair training.

• Committees will develop goals and objectives to submit to the board.

• Committees will schedule 2019 meetings on the master calendar by the end of January 2019.

• Committees will hold their meetings at the CAI-CV office.

• Committees will inform the board of important actions and activities through written reports to the board as needed.

• Committees will establish an annual communications plan that will include a schedule for mailings, e-blasts, media and social media.

• Committees will appoint one member to serve as secretary for taking notes at meetings, keeping track of actionable tasks, sending out meeting notices and tracking attendance at committee meetings.

• Committee chairs will lead the meetings.

• Committee chairs will delegate actionable tasks.

• Committee members commit to serving on a committee for a one-year term.

• Committee members will support the decisions of the committee and CAI-CV Board, even if they disagree.

Please return this form to the chapter office.

Coachella Valley Chapter 75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211 P (760) 341-0559 • F (760) 341-8443 • info@cai-cv.org • www.cai-cv.org www.facebook.com/CAICV

Signature

Date

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CAI is a professional association representing Community Association Board Members and Volunteers, Managers of Community Associations, and Business Partners.

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23

CHAPTER EVENTS

Holiday Open House & Charity Event BEN E F I T I N G TH E N A R R O W DO O R ’ S C H R I S T M A S S T ORE FRIDAY, DECEMBER 7, 2018

24

Quorum January, 2019

CHAPTER EVENTS

T HANKS T O OUR S P ONS O R S TITLE SPONSOR

FLO O D R E SPON SE ANGEL SPONSOR MR C - SMA RT T E CH NO LO G Y SO L U T I O N S - A X E R OX CO M PA NY

WINE SPONSOR E PST E N G R I N N E L L & H O WE LL, A PC

PHOTO SPONSORS F L O O D R E SPO NSE PAT I O SH O PP E R S

SANTA SPONSORS A MS PAVI NG A SSO C I A D ESE RT R E SO RT MA N A G E M E NT PA C I F I C W E ST E R N B A NK

ENTERTAINMENT SPONSORS F I O R E R A C O B S & PO WE R S, A PLC MR C - SMA RT T E CH NO LO G Y SO L U T I O N S - A X E R OX CO M PA NY SE A C OA ST C O MMER CE B A NK VA N TA G E PO I N T C O N ST R U CT IO N

ELF SPONSORS A SPH A LT MD’S A U T O MAT I O N PR IDE F R A Z I E R PE ST CO NT R O L L A B A R R E /O KSNE E I N SU R A N C E A GE NCY N PG A SPH ALT

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25

FEATURE

Proposition 65 Warning Signs

By Susan Browne Rosenberg and Kumar Raja, Esq.

Remember "Prop 65," a proposition approved by California voters in 1986 which requires those now ubiquitous signs that say “known to the state to cause cancer, birth defects or other reproductive harm?”

The signs are posted on every gasoline pump and every bar that sells alcohol.

P

roposition 65 is a right-to-know law that requires businesses to provide clear and reasonable warnings when they knowingly cause exposures to chemicals that the state has listed as causing cancer or reproductive effects. One of the first chemicals listed in 1987 was asbestos, a known carcinogen. What you may not know is that the state has been adding chemicals to the list every year since the law was enacted. There are now around 900 chemicals on the list.

According to the OEHHA website (Office of Environmental Health Hazard Assessment), “the law has prompted the reduction or elimination of lead, arsenic and other toxic chemicals in a variety of products.”

According to the Proposition 65 website, the purpose of this legislation is to enable Californians to make informed decisions about their exposures to these chemicals. The intent of the law was to warn people about invisible hazards in the air we breathe, the water we drink and the products we buy.

However, the statute does not require cancer warnings when exposure to listed chemicals does not cause a significant cancer risk. For instance, in early 2018, there were rumors that coffee would have to have a warning label because it can contain some of the chemicals that are on the list. But in June, OEHHA issued a ruling that said, “drinking coffee does not pose a significant cancer risk, despite the presence of chemicals created during the roasting and brewing process that are listed under

26

Quorum January, 2019

Proposition 65 as known carcinogens. The proposed regulation is based on extensive scientific evidence that drinking coffee has not been shown to increase the risk of cancer and may reduce the risk of some types of cancer.”

According to the OEHHA, it is not clear whether Proposition 65 applies to community associations. Proposition 65, which has been incorporated into California law as the “Safe Drinking Water and Toxic Enforcement Act of 1986” (Health and Safety Code Sections 25249.5 - 25249.14), applies to “persons in the course of doing business.”

Health and Safety Code Section 25249.11 defines “person” to include “corporations” and “associations,” among other things, but does not specially state whether “associations” include “community associations” and does not describe what is meant by the phrase “in the course of doing business.” Said another way, does business mean for-profit operations only? It does not appear that California courts and the OEHHA through legal decisions and advisory rulings, respectively, have addressed whether community associations are corporations or associations that operate "in the course of doing business" within the meaning of Proposition 65.

Community association lawyers have taken the position that Proposition 65 generally does not apply to HOAs because they are not considered to be businesses. HOAs are non-profit corporations that have been formed for the purpose of enhancing

and protecting the value, desirability and attractiveness of common interest developments.

In view of the above, there may be situations where Proposition 65 could potentially apply to HOAs. Some local Valley HOAs have restaurants and bars that sell alcohol and allow for the consumption of tobacco products in certain areas (alcohol and tobacco smoke have been designated as hazardous chemicals under Proposition 65). Some HOA vendors potentially handle hazardous chemicals during the scope of their services on HOA property. Under those circumstances, community associations should consult with competent HOA legal counsel to evaluate whether Proposition 65 compliance is necessary, if at all. For example, under the latter example involving HOA vendors, legal counsel may recommend that all contracts must include language that requires the vendor to state whether hazardous materials could be used and to demonstrate how it intends to comply with Proposition 65’s hazardous warning requirement before any work begins at the property. Proposition 65 compliance is critical because the penalties for failure to warn can be as high as $2,500.00 per violation per day. For specific warning labels and more information about Proposition 65 go to the state website https://www.p65warnings.ca.gov/fact-sheets/ designated-smoking-areas.

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.

Kumar S. Raja, Esq. is a senior litigator with the Tinnelly Law Group. Mr. Raja handles a wide variety of the firm’s litigation and general counsel matters. With offices throughout the state of California, the Tinnelly Law Group has exclusively represented community associations for the last thirty (30) years.

You can reach Kumar at (949) 484-4223 or kumar@tinnellylaw.com.

BILL FITZGERALD PRESIDENT SUNTECHROOF@GMAIL.COM SUNTECHROOFING.NET

CELL PHONE # 760.275.4749 42215 WASHINGTON ST, SUITE A #350 PALM DESERT, CA. 92211 OFFICE # 760.343.0091

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27

HOA LAW

A Year in Review:

2018 Case Law

By Sandra Gottlieb, Esq., CCAL

2

018 produced important new state and federal case law on a variety of subjects affecting common interest development associations, from construction defects to delinquent assessments to employment issues. These cases resolve some questions while leaving others unanswered. The following list, which is not exhaustive, demonstrates how important it is for boards and managers to stay current on developments in the law given how quickly the rules can change, and the importance of having competent legal counsel available to answer questions when the need arises, as it inevitably will from time to time.

CONSTRUCTION DEFECTS In McMillian Albany LLC v. Superior Court (2018, California Supreme Court), 37 owners of new single family homes in an association sued the builder for construction defects under what the industry affectionately calls SB 800 [of 2002] (also known as the “Right to Repair Act”) and other legal theories such as negligence. The homeowners later dismissed their claims under the Right to Repair Act (“the Act”) and attempted to proceed against the builder under their other legal theories. Resolving what had been an open question for years, the California Supreme Court ruled that the Act is the exclusive remedy in California 28

Quorum January, 2019

for construction defect claims involving “pure economic loss” (such as the cost of repairs and diminished home values) and stayed the litigation for these other claims until the Association complied with the Act’s notice and cure procedures. The court further confirmed that the Act is not the exclusive remedy for personal injury claims or death resulting from construction defects. TAKEAWAY: Associations and owners with construction defect issues should be aware of the Act’s pre-litigation notice and cure procedures, and should know that they must follow them in most cases before bringing a lawsuit.

In Branches Neighborhood Corp. v.

CalAtlantic Group, Inc. (2018, Cal. 4th District Court of Appeal), an association initiated arbitration against its developer for construction defect claims under the Right to Repair Act. The developer’s counsel asked whether the association had gotten the prior approval of its members to go forward with the arbitration, as required under the CC&Rs (a provision that, when present, is designed to protect developers who still have substantial voting power prior to the transition period). The association had not gone through the approval process, but immediately thereafter it took a vote of the members, who voted almost unanimously in favor of the arbitration.

The arbitrator found, and the trial and appeals courts affirmed, that because the association had not complied with the procedural requirements under the CC&Rs prior to initiating arbitration, the arbitration award should go to the developer, leaving the association with no recourse for millions of dollars of needed repairs. TAKEAWAY: Given that this case resulted in a huge forfeiture against the association, it remains to be seen if it will stand up on appeal. In the meantime, however, association boards should be aware of the strict procedural requirements under their governing documents prior to initiating legal or alternative dispute resolution actions.

FAIR DEBT COLLECTION PRACTICES ACT In McNair v. Maxwell & Morgan PC (2018, 9th Circuit), an Arizona homeowner became delinquent in her assessments and the association retained a law firm to sue her. The firm stayed its lawsuit and worked with the homeowner to craft two successive payment plans, but the homeowner was unable to comply with either of them. The law firm revived its lawsuit and proceeded through the judicial foreclosure of the homeowner’s property, as well as obtaining a default judgment against her including the association’s attorney’s

HOA LAW fees. The homeowner objected, successfully arguing that the firm had violated the federal Fair Debt Collection Practices Act (FDCPA) because it had not requested an attorney’s fees award from the court as it was required to do under Arizona law, and therefore had misrepresented the amount of the debt in its communications, which entitled her to statutory damages under the FDCPA. TAKEAWAY: Associations should seek the advice of competent legal counsel when attempting to pursue delinquent assessments against homeowners in court.

ASSOCIATION STANDING

an association who was up for re-election and owned three units sued for election In Sierra Palms Homeowners Ass’n law violations when the board sought and v. Metro Gold Line Foothill Extension received approval from the members to Constr. Auth. (2018, Cal. 2nd Appellate switch from cumulative to direct voting, District Court of Appeal), an association which reduced the homeowner’s clout. sued a local municipal authority and its The lower court agreed that there were private contractor that were involved irregularities in the election and granted in the construction of the Los Angeles a preliminary injunction ordering the Metro Gold Line, arguing that the conassociation to correct the irregularities struction had damaged a boundary wall and hold a second election. The assolocated in the common area that sepaciation complied with the terms of the rated the association’s property from the preliminary injunction however the railway. Both defendants argued that resulting election produced the same the association did not have the right to result. The homeowner then sued for bring the lawsuit because the associaa permanent injunction and requested tion was not the “real party in interest” SHORT-TERM RENTALS reimbursement of her attorney’s fees required by the Civil Code. However, the In Greenfield v. Mandalay Shores as the “prevailing party” under Civil Second District Court of Appeal found Community Assn. (2018, Cal. 2nd District Code § 5145. The First District Court of that Civil Code § 5980 regarding associaCourt of Appeal), an association’s board Appeal denied the homeowner’s request tion standing clearly gave the association passed a resolution banning short-term for a permanent injunction, finding that the right to sue, not by granting it any rentals (such as Airbnb or VRBO). A disthe association had properly addressed additional rights that individual homegruntled homeowner successfully chalwhatever legitimate concerns she may owners would not have, but by allowing lenged the ban/prohibition, arguing that have had regarding the first election all of the homeowners to collectively sue it was a development under the control when it conducted a second election. via the association itself. TAKEAWAY: of the California Coastal Act because the Further, the homeowner was not the Associations should keep in mind that ban/prohibition constituted a “change in “prevailing party” in the litigation they have the right not just to enforce the density or intensity of use or access because attorney’s fees can only be the governing documents in court, but to land in a coastal zone,” and therefore awarded at the conclusion of litigation, it was up to the local not at the preliminary municipality and the injunct ion stage.

"ASSOCIATIONS SHOULD KEEP IN MIND THAT Coastal Commission, TAKEAWAY: If an not the association, association discovTHEY HAVE THE RIGHT NOT JUST TO ENFORCE THE to allow or prohibit ers there have been GOVERNING DOCUMENTS IN COURT, BUT ALSO, short-term rentals. In irregularities while a similar, but unpubconducting an elecUNLESS THE GOVERNING DOCUMENTS PROHIBIT lished, case, Johnston tion, the best course SAME, TO SUE IN MATTERS RELATING TO DAMAGE v. City of Hermosa of action is simply TO COMMON AREAS OR SEPARATE INTERESTS THAT Beach (2018), the same to conduct another Court of Appeal found election properly, and THEY ARE OBLIGATED TO MAINTAIN OR REPAIR." that a city ordinance not to necessarily try banning short-term to fight the owner(s) rentals was not a development under also, unless the governing documents who argue that the first election was the Act. TAKEAWAY: An association’s prohibit same, to sue in matters relating improper. short term rental restrictions may be to damage to common areas or separate invalid if the association is located in interests that they are obligated to main- EMPLOYMENT AND INDEPENDENT CONTRACTORS the jurisdiction of the California Coastal tain or repair.

Commission, except when the City has In the landmark case Dynamex an existing ban that is congruent with ELECTIONS Operations West, Inc. v. Superior Court the association’s restrictions.

In Artus v. Gramercy Towers (2018, Cal. Supreme Court), a same-day Condominium Ass’n. (2018, Cal. 1st delivery company’s workers sued as a District Court of Appeal), the director of class following the company’s decision CAI-CV.org

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HOA LAW

"ASSOCIATIONS, WHO SHOULD MAINTAIN THEIR COMMON AREAS FREE OF REASONABLY FORESEEABLE DANGERS, INCLUDING STINGING INSECTS, TO PROTECT NOT ONLY OWNERS BUT ALSO THEIR GUESTS AND INVITEES."

to re-classify them as independent contractors, which meant they had to provide for their own vehicles, pay for all of their transportation, including fuel, tolls, maintenance and insurance, and pay self-employment taxes.

The California Supreme Court upended nearly 30 years of precedent by replacing the multi-factor test courts had previously used to determine whether workers were employees or independent contractors with what is colloquially known as the “ABC test.” Under this more expansive test, a worker is presumed to be an employee unless the employer can show: A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract and in fact; B) that the worker performs work that is outside of the usual course of the hiring entity’s business (for example, a plumber doing work for a clothing manufacturer would be doing work outside of the usual course of business, while a seamstress would not); and C) that the worker is engaged in an independently established trade, occupation or business of the same nature as the work performed. TAKEAWAY: 30

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Associations and management companies may face increased labor costs and responsibilities following this case, and should consult with counsel when deciding to classify workers they hire or maintain as independent contractors.

DEVELOPMENT AND ENVIRONMENTAL QUALITY In Heron Bay Homeowners Association v. City of San Leandro (2018, Cal. 1st District Court of Appeal), an association sued as an “interested person” under the California Environmental Quality Act (CEQA) when the city failed to commission an environmental impact report (EIR) before approving construction of a large wind turbine on the water near the association’s property. The lower court found and the higher court affirmed that the association was correct in arguing that the city should have performed an EIR, and awarded the association its attorney’s fees for pursuing the matter.

Even though the association may have been primarily interested in protecting its members’ property values, it was also acting out of an interest in protecting the public, and therefore the attorney’s fees award was appropriate. TAKEAWAY:

Associations may have a remedy under CEQA to oppose developments they believe could threaten their residents’ property values and quality of life, and if they can show that they are also acting to protect the general public, they may be entitled to reimbursement of their attorney’s fees if they prevail.

PREMISES LIABILITY In Staats v. Vintner’s Golf Club, Inc. (2018, Cal. 1st District Court of Appeal), the plaintiff was playing golf on the defendant’s course when she was suddenly attacked by a swarm of yellow jackets that emerged from a nest on the ground of the defendant’s property.

She was stung almost 50 times, and according to the medical personnel who treated her, almost died from her injuries. Thereafter, she sued the golf club operator for negligence and premises liability. The court of appeal found that the club owed the plaintiff a duty of care to maintain its course in a reasonably safe condition, including exercising reasonable care to protect patrons from yellow jacket nests. This duty did not mean that the golf course operator had to inspect every hole, crevice, tree

DELINQUENT ASSESSMENTS AND BANKRUPTCY In Goudelock v. Sixty-01 Ass’n of Apt. Owners (2018, 9th Circuit), a homeowner bought her condo in 2001 and stopped paying assessments on it eight years later, at which time the association recorded an assessment lien on her property and began foreclosure proceedings. The owner filed for Chapter 13 (also known as “Wage Earner’s”) bankruptcy protection and the association was forced to pause their collection efforts. Once the bankruptcy case was finalized, the association sought to recover the assessments that came due after the bankruptcy petition date. The Ninth Circuit disagreed that the association had the right to recover the assessments, resolving what had been up until then a split of authority among the circuit courts and holding that the postbankruptcy assessments were “unmatured, contingent debts.” TAKEAWAY: Collecting delinquent assessments against a homeowner who has declared bankruptcy is a significantly more difficult endeavor for which associations would be well-advised to seek the help of a professional debt collector and/or law firm.

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or shrub on the property (which the golf club operator argued would be unduly burdensome), only that it maintain its property in a reasonably safe condition, which is ultimately a fact-specific inquiry for a jury or judge. TAKEAWAY: This case has implications for associations, who should maintain their common areas free of reasonably foreseeable dangers, including stinging insects, to protect not only owners but also their guests and invitees.

®

JULY/AUG 2018

Sandra L. Gottlieb, Esq. is the managing partner and head of the transactional division of SwedelsonGottlieb, a law firm that exclusively represents community associations throughout California.

IN THIS ISSUE Issues Mobilization Grant 3 What You Need to Know About Logos and Trademarks Page 5 July/Aug Calendar Page 6 You’re Even More Vital to New-Home Buyers Page 14 PSRAR Affiliate Network News Page 16

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Board Leadership Development Workshop December 7, 2018, Palm Valley Country Club

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FEATURE

New Laws from the 2018 Legislature

By Sandra L. Gottlieb, Esq., CCAL

I

n 2018, the California state legislature was in session from January 3rd to August 31st. At the end of the session, the legislature, through both the Assembly (AB) and Senate (SB) had approved about 900 bills. When the legislature approves a bill, then it goes to the Governor to sign into law or veto. Of the 900 bills, a whopping 8 were signed into law that have an impact on homeowners associations.

The following is what you need to know about these new laws.

MEMBER NOTICE & RULES CHANGES The drafters of SB 261 took a step closer to efficiency. This bill amends the following existing civil codes: • §4040 (Individual Notice) to allow an individual owner to permit/revoke consent to allow individual notice by email.

• §4360 (Approval of Rule Change

by Board) so that board has to provide general notice no less than 28 days before making a rule change (previously was 30 days).

FIDELITY BONDS & FINANCIAL REVIEW You’ve probably heard the stories of a homeowner association left with no money after falling victim to the embezzled theft of its money. How does this happen? Pray tell… people get comfortable and aren’t paying close enough attention to the coffers.

In an effort to thwart this evil-doing, the California legislature has passed AB 2912, admitting that more may be needed to completely achieve the goal of protecting homeowners association funds. Pay close attention, there are new

"PAY CLOSE ATTENTION, THERE ARE NEW REQUIREMENTS FOR BOTH MANAGERS AND BOARDS AMENDING TWO SECTIONS OF DAVIS-STIRLING AND ADDING THREE NEW ONES."

requirements for both managers and boards amending two sections of DavisStirling and adding three new ones.

• Amends Civil Code §5380 (Management of Association Funds): • Prohibits managing agents from making transfers greater than $10,000 or 5% of the association's total combined reserve and operation account deposits (whichever is lower) without the prior written authorization of the board.

• Amends Civil Code §5500 (Quarterly Financial Review by Board): • Boards are now required to perform reviews of financial statements on a monthly, as opposed to quarterly basis (unless—as before—governing documents impose more stringent standards).

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• Also, boards must now review the check register, monthly general ledger, and delinquent assessment receivable reports on a monthly basis.

• Adds Civil Code §5501 (Satisfaction of Review Requirements): • "The review requirements of §5501 may be met when every individual member of the board, or a subcommittee of the board consisting of the treasurer and at least one other board member, reviews the documents and statements described in §5501 independent of a board meeting, so long as the review is ratified at the board meeting subsequent to the review and that ratification is reflected in the minutes of that meeting."

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FEATURE • Adds Civil Code §5502 (Transfers Requiring Board Approval) • "Notwithstanding any other law, transfers of greater than ten thousand dollars ($10,000) or 5 percent of an association’s total combined reserve and operating account deposits, whichever is lower, shall not be authorized from the association’s reserve or operating accounts without prior written board approval. This section shall apply in addition to any other applicable requirements of this part."

fidelity bond shall also include computer fraud and funds transfer fraud. If the association uses a managing agent or management company, the association’s fidelity bond coverage shall additionally include dishonest acts by that person or entity and its employees."

OWNER ADDRESSES IN MIXED USE W/TIME-SHARE PLAN The legislature approved another efficiency bill with SB 1173. The Vacation Ownership and Time-Share Plan Act of 2004 requires that time-share plans seek

"IF ASSOCIATION AGREES AT OWNER'S REQUEST TO PLACE EV CHARGING STATION IN COMMON AREA/EXCLUSIVE USE COMMON AREA, OWNER MUST NOW PAY FOR COST OF INSTALLATION AND ELECTRICITY USAGE (PREVIOUSLY ONLY HAD TO PAY FOR ELECTRICITY USAGE)."

• Add Civil Code §5806 (Fidelity Bond Coverage Requirements) • "Unless the governing documents require greater coverage amounts, the association shall maintain fidelity bond coverage for its directors, officers, and employees in an amount that is equal to or more than the combined amount of the reserves of the association and total assessments for three months. The association’s

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to update their owner addresses twice a year. Since they are already doing it, this bill amends Civil Code §4041, to require a time-share plan to provide the membership list to the association at least annually. It also allows the association to satisfy its requirement to solicit owner addresses if it requests the addresses from the time-share plan instead of the owners. The law reduces the number of times a time-share plan owner is requested to submit this information annually from three to two.

ELECTRICAL VEHICLE CHARGING STATIONS As California continues to lead the environmental movement with legislation to make energy efficiency easier for its citizens, SB 1016 was approved and amended the existing Electric Vehicle (EV) Charging Station code (§4745) as it pertains to both an owner’s separate interest and the common areas as follows: • Adds that any restriction in governing documents prohibiting or unreasonably restricting installation or use of an EV charging station in an owner unit is void (previously only prohibited restrictions on EV charging station's in an owner's designated parking space).

• If association agrees at owner's request to place EV charging station in common area/ exclusive use common area, owner must now pay for cost of installation and electricity usage (previously only had to pay for electricity usage).

• Now the owner of the charging station is required to maintain liability coverage and provide the association with the certificate of insurance within 14 days of it approving the application, and the owner and each successor owner must provide the certificate of insurance annually thereafter.

• Also removed minimum $1,000,000 coverage amount and requirement to name association as additional insured.

• Clarified that attorney's fees award to enforce compliance is only awarded to a homeowner requesting to have an EV charging station installed and seeking to enforce compliance with this section (previously stated awarded to the prevailing

plaintiff in "in any action to enforce compliance with this section").

• Adds Civil Code §4745.1 (EV-Dedicated Time of Use (TOU) Meters; Restrictions unenforceable): • EV-dedicated TOU meter: an electric meter supplied and installed by an electric utility that is separate from, and in addition to, any other electric meter; is devoted exclusively to the charging of electric vehicles; and tracks the time of use when charging occurs, including any wiring or conduit necessary to connect the electric meter to an EV charging station.

• Restrictions in governing documents that prohibit or unreasonably restrict the installation or use of an EV-dedicated TOU meter are void and unenforceable.

• However, "reasonable restrictions" (based on space, aesthetics, structural integrity, and equal access for all homeowners) are allowed, unless the association would need to incur an expense.

• If approval needed, processed same way as an application for an architectural modification.

• If to be placed in common area/ exclusive use common area, owner must obtain prior approval from the association, and is responsible for cost of damage to common area and maintenance, repair and replacement of EV-dedicated TOU. • Penalty for an association that willfully violates is civil damages not to exceed $1,000.

• Allows for award of attorney's fees to homeowner requesting installation of EV-dedicated TOU and enforcement of this section.

Reach out to legal counsel to adopt guidelines and procedures for the installation of electrical vehicle charging stations and/or to update prior guidelines (rules) to be compliant with the new law.

Welcome Aboard C.L. Sigler & Associates, Inc.

By Susan Browne Rosenberg

C.L. Sigler & Associates is a construction management and consulting firm that specializes in common interest developments (CIDs).

When a major reserve component replacement project such as a re-roof, repaint or any other major repair or maintenance project is needed, managers and boards can help limit risks and liabilities by hiring an independent professional construction manager (CM) to write work scopes and specifications and to manage the project. C.L. Sigler & Associates is able to turnkey any project from specification writing to execution and through to completion with their team of professionals.

Their plans and specifications are protected and insured by professional liability insurance as design professionals (“Errors and Omissions”). Once the construction documents are produced, they represent the CID as their project leader, and obtain bids, analyze the bids, and budget projects. Upon board approval, they oversee the mobilization and commencement of work, provide quality control and single-sourced point of contact for the project, thereby not interfering with the community manager’s daily business.

When the project work begins, CMs provide budget management, quality control, and documentation of the project on behalf of the CID and report to the board for all project matters.

Chris Sigler, President, has a Bachelor of Science degree in Civil Engineering from Santa Clara University and is a Construction Documents Technologist, a distinction that comes from the Construction Specifications Institute.

Chris is a former professional soccer player. He played for the San Jose Earthquakes in 1984-85 and still plays on two teams that travel all over to participate in tournaments. His most recent international trips were to Croatia and Ireland.

Chris and Vice President Paul Driscoll recently opened an office in Palm Desert after doing construction management and consulting for 18 years in the Bay Area.

According to Chris, “We hope to help Coachella Valley communities manage their projects and enhance their communities in the months and years to come!” You can reach Chris at 408-922-0262 or by email to chris@siglercm.com.

Susan Browne Rosenberg, CIH, CIEC, CHMM, and CAI EBP, is president and co-owner of Desert Cities Indoor Air, LLC in Palm Desert, CA. Her company assists HOAs in assessing the extent of water damage and mold contamination. She can be reached at (760) 902-2545 or sbriaq@gmail.com.

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FEATURE GENERAL GUIDELINE SUGGESTIONS:

1) Adopt an application process to install EV charging stations including the requirements.

2) Require maintenance agreement that runs with the property (meaning recorded on that unit binding the current owner and all future owners) that requires the owner to maintain and repair the EV charging station and maintain liability insurance.

3) Require the unit owner to be responsible for damages related to the EV charging station or installations.

4) Require a construction deposit for damages to common area.

MANUFACTURED / MOBILE HOME FOUNDATION SYSTEMS In an effort to help those that lost their manufactured or mobile homes

in the Lilac Fire obtain financing to rebuild, the state approved AB 1943 as an urgency statute, making it effective September 5, 2018. The existing law required owners of manufactured / mobile homes to obtain a permit from the local enforcement agency prior to placing the home on a foundation to convert it into a real property improvement. To obtain such permit they must provide written evidence acceptable to the enforcement agency that they have title to the home or will be purchasing the underlying real property. This bill clarifies that owners, as part of the requirement to provide this written evidence, may, in a mobile home park that is to be converted into a residentowned subdivision / stock co-op / condo, submit written evidence of their ownership in the mobile home park.

(Lending requirements for real property are easier to obtain than mobile home financing.)

UNLAWFUL EMPLOYMENT PRACTICES: DISCRIMINATION AND HARASSMENT California Fair Employment and Housing Act (FEHA) prohibits harassment, discrimination, sexual harassment, etc. in the workplace. The purpose of the law is for Californians to succeed in the workplace. The law sets forth the intentions of the legislature regarding the application of state harassment laws as follows: • Adds Government Code §12923: • In workplace harassment "the plaintiff need not prove that his or her tangible productivity declined as a result of the harassment.

It suffices to prove that a reasonable person subjected to the discriminatory conduct would find, as the plaintiff did, that the harassment so altered working conditions as to make it more difficult to do the job."

• A single incident of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile work environment if the harassing conduct has unreasonably interfered with the plaintiff's work performance or created an intimidating, hostile, or offensive working environment.

• A discriminatory remark, even if not made directly in the context of an employment decision or uttered by a nondecisionmaker, may be relevant, circumstantial evidence of discrimination (rejects the "stray remarks doctrine").

• The legal standard for sexual harassment should not vary by type of workplace, it is irrelevant that a particular occupation may have been characterized by a greater frequency of sexually related commentary or conduct in the past.

42

Quorum January, 2019

FEATURE • Harassment cases are rarely appropriate for disposition on summary judgment; hostile working environment cases are "not determinable on paper." This means that these cases will not be thrown out by a judge because of procedural issues, but go to trial where the evidence in the case can be fully heard.

• Adds Government Code §12950.2: • An employer may provide "bystander intervention training," including information and practical guidance on how to enable bystanders to recognize potentially problematic behaviors and motivate them to take action.

• Adds Government Code §12964.5: • Prohibits employers from requiring employees to sign a release or non-disparagement agreement in exchange for a raise or bonus or as a condition of employment or continued employment.

• Does not apply to a negotiated settlement to resolve an underlying harassment claim.

PRIVILEGED COMMUNICATIONS: COMMUNICATIONS BY FORMER EMPLOYER: SEXUAL HARASSMENT The State of California went further to protect victims of harassment, by approving AB 2770, which amends Civil Code §47. This new law makes complaints and communications between employee and employer regarding sexual harassment, when made without malice, privileged communications and therefore not defamatory. The intention behind this law is to reduce the number of retaliation suits claiming defamation filed by harassers against their victims.

In addition, it protects employers from defamation suits when communicating rehiring a particular employee and if the

"THE NEW LAWS THIS YEAR HAVE STRONGER THEMES ABOUT PROTECTING THE CITIZENS OF CALIFORNIA." employer’s decision was related to the former employee engaging in sexual harassment.

EMPLOYERS: SEXUAL HARASSMENT TRAINING: REQUIREMENTS You’re seeing a trend here, right?

SB 1343 is also about reducing sexual harassment in the work place. This bill amends Government Code §12950 as follows: • By January 1, 2020: • Employers with 5 or more (used to be 50 or more) employees must provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment and (new) at least 1 hour to all nonsupervisory employees.

• Beginning January 1, 2020 (new): • Employer/temp agency must provide training to seasonal/ temporary employees within 30 days after hiring or within 100 hours worked, whichever is earlier.

Most of the laws pertaining to common interest developments are

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regarding the operation of communal living, such as elections, disclosures and rule making. The new laws this year have stronger themes about protecting the citizens of California. The sociopolitical climate seems to be having an impact on California lawmakers. As their introductions to the laws elude, more is yet to come.

To learn more about the California State Legislature or to review the full text of the added/amended statutes, you can visit the California Legislature website, leginfo.legislature.ca.gov. There, you can search by year and use both the two letter code and the number to find the bill. Fun fact: the letters refer to where the bill originated, the assembly or the senate, and the number is the sequential bill number for the session. Each legislative session (2 year period) starts over at 1 and goes up to the last bill proposed. So, AB 2912 is from the assembly and is the 2912th bill proposed for the session.

Sandra L. Gottlieb, Esq., CCAL is a founding and senior partner in the law firm of SwedelsonGottlieb that limits its practice and specializes in the representation of community associations throughout California.

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2019 CALENDAR

NEW! CAI-CV WILL OFFER CAI’S M-100 AND ALL M-200 COURSES IN THE CAI-CV CLASSROOM 2019!

COMMUNITY ASSOCIATIONS INSTITUTE - COACHELLA VALLEY

• LOCAL CHAPTER & NATIONAL EVENTS & COURSES – BLUE • SOUTHERN CA COURSES & NATIONAL EVENTS – GREEN JANUARY

MONDAY - TUESDAY FRIDAY FRIDAY MONDAY WEDNESDAY - SATURDAY FRIDAY TUESDAY THURSDAY - SATURDAY

NEW YEAR’S - HOLIDAY LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV BOARD STRATEGIC PLANNING MARTIN LUTHER KING DAY - HOLIDAY CAI’S NA LAW SEMINAR - NEW ORLEANS (CEU) MAD HATTER AWARDS & MONTE CARLO NIGHT CAI-CV BOARD MEETING CAI’S M-100: THE ESSENTIALS - OXNARD (CEU)

31-2 1 8 8 15 18 22 26 28-1 28-1 28-2

THURSDAY - SATURDAY FRIDAY FRIDAY FRIDAY FRIDAY MONDAY FRIDAY TUESDAY THURSDAY - FRIDAY THURSDAY - FRIDAY THURSDAY - SATURDAY

CAI’S M-100: THE ESSENTIALS - OXNARD (CEU) MANAGER ON THE RUN (MOTR) (CEU) LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI’S M-202: COMMUNICATIONS - LOS ANGELES (CEU) CAI-CV COMMMITTEE LEADERSHIP TRAINING PRESIDENTS’ DAY - HOLIDAY BOARD MEMBER WORKSHOP: RICHARDSON/OBER CAI-CV BOARD MEETING CAI’S M-202: COMMUNICATIONS - PALM DESERT (CEU) CAI’S CASE STUDY - SAN DIEGO (CEU) CAI’S M-100: THE ESSENTIALS - SANTA ANA (CEU)

28-1 28-1 28-2 1 7-8 8 15 21-22 26 29 29

THURSDAY - FRIDAY THURSDAY - FRIDAY THURSDAY - SATURDAY FRIDAY THURSDAY - FRIDAY FRIDAY FRIDAY THURSDAY - FRIDAY TUESDAY FRIDAY FRIDAY

CAI’S M-202: COMMUNICATIONS - PALM DESERT (CEU) CAI’S CASE STUDY - SAN DIEGO (CEU) CAI’S M-100: THE ESSENTIALS - SANTA ANA (CEU) ASSISTANT MANAGER ON THE RUN (CEU) CAI’S M-380: LITIGATION - LOS ANGELES (CEU) LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI’S M-202: COMMUNICATIONS - SAN FRANCISCO (CEU) CAI’S M-205: RISK MANAGEMENT - PALM DESERT (CEU) CAI-CV BOARD MEETING BOARD MEMBER WORKSHOP: ASK THE ATTORNEY CORKS FOR CLAC WINE TASTING

5 8-9 9 12 19 26 30

FRIDAY MONDAY – TUESDAY TUESDAY FRIDAY FRIDAY FRIDAY TUESDAY

MANAGER ON THE RUN (MOTR) (CEU) CAI’S DAY AT THE CAPITOL - SACRAMENTO (CEU) BMW, HOA BOARD BASIC TRAINING CAI’S M-202: COMMUNICATIONS - SANTA ANA (CEU) LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV ANNUAL SPRING GOLF TOURNAMENT CAI-CV BOARD MEETING

3 10 14 15-17 16-17 27 28

FRIDAY FRIDAY TUESDAY WEDNESDAY - FRIDAY THURSDAY - FRIDAY MONDAY TUESDAY

ASSISTANT MANAGER ON THE RUN (CEU) LUNCH PROGRAM & MINI TRADE SHOW (CEU) BMW, HOA BOARD BASIC TRAINING CAI’S NA CONFERENCE - ORLANDO, FL (CEU) CAI’S M-204: GOVERNANCE - PALM DESERT (CEU) MEMORIAL DAY - HOLIDAY CAI-CV BOARD MEETING

6-7 7 7 11 14 21 21 25 27-28 28 28

THURSDAY - FRIDAY FRIDAY FRIDAY TUESDAY FRIDAY FRIDAY FRIDAY TUESDAY THURSDAY - FRIDAY FRIDAY FRIDAY

CAI’S M-205: RISK MANAGEMENT - SANTA ANA (CEU) MANAGER ON THE RUN (MOTR) (CEU) CAI-CV ANNUAL SUMMER SIZZLER BMW, HOA BOARD BASIC TRAINING LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV NEW MEMBERSHIP ORIENTATION CAI’S M-203: LEADERSHIP - LOS ANGELES (CEU) CAI-CV BOARD MEETING CAI’S M-206: FINANCIAL - RIVERSIDE (CEU) CAI’S M-201: FACILITIES - SANTA ANA (CEU) CAI-CV ANNUAL BOWLING TOURNAMENT

FEBRUARY

MARCH

APRIL

MAY

JUNE

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JULY

31-1 11 18 21 23-26 25 29 31-2

75410 GERALD FORD DRIVE, SUITE 102 PALM DESERT, CA 92211

4-5 11-13 12 12 18 26 30

THURSDAY - FRIDAY THURSDAY - SATURDAY FRIDAY FRIDAY THURSDAY FRIDAY TUESDAY

INDEPENDENCE DAY - HOLIDAY CAI’S M-100: THE ESSENTIALS - SANTA ANA (CEU) CAI’S M-202: COMMUNICATIONS - SAN DIEGO (CEU) ASSISTANT MANAGER ON THE RUN (CEU) CAI-CV DAY AT THE RACES - DEL MAR (CEU) CAI’S CA CID LAW COURSE CAI-CV’S BOARD MEETING

1-3 2 8-9 16 22-23 22-23 27

THURSDAY - SATURDAY FRIDAY THURSDAY - FRIDAY FRIDAY THURSDAY - FRIDAY THURSDAY - FRIDAY TUESDAY

CAI’S M-100: THE ESSENTIALS - LOS ANGELES (CEU) MANAGER ON THE RUN (MOTR) (CEU) CAI’S M-204: GOVERNANCE - SAN FRANCISCO (CEU) EDUCATED BUSINESS PARTNER COURSE CAI’S M-201: FACILITIES - PALM DESERT (CEU) CAI’S M-206: FINANCIAL - SANTA ANA (CEU) CAI-CV BOARD MEETING

2 6 10 11-13 17 20 24 27 27

MONDAY FRIDAY TUESDAY WEDNESDAY - FRIDAY TUESDAY FRIDAY TUESDAY FRIDAY FRIDAY

LABOR DAY - HOLIDAY CAI’S M-203: LEADERSHIP - PALM DESERT (CEU) BMW, HOA BOARD BASIC TRAINING CAI’S LARGE SCALE WORKSHOP CAI-CV’S CAREER OUTREACH LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV BOARD MEETING CAI’S M-203: LEADERSHIP - SANTA ANA (CEU) ASSISTANT MANAGER ON THE RUN (CEU)

2-5 4 8 11 14 18 25 29 31-2

WEDNESDAY - SATURDAY FRIDAY TUESDAY FRIDAY MONDAY FRIDAY FRIDAY TUESDAY THURSDAY-SATURDAY

CAI’S MANAGEMENT CO. CEO RETREAT (CEU) - LA QUINTA MANAGER ON THE RUN (MOTR) (CEU) BMW, HOA BOARD BASIC TRAINING CAI’S CA CID LAW COURSE COLUMBUS DAY - HOLIDAY LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV’S ANNUAL OKTOBERFEST CAI-CV ANNUAL MEETING & ELECTION CAI’S M-100: THE ESSENTIALS - SAN DIEGO (CEU)

31-2 1 11 12 14-15 15 19 21-23 22 28-29

THURSDAY-SATURDAY FRIDAY MONDAY TUESDAY THURSDAY-FRIDAY FRIDAY TUESDAY THURSDAY - SATURDAY FRIDAY THURSDAY-FRIDAY

CAI’S M-100: THE ESSENTIALS - SAN DIEGO (CEU) ASSISTANT MANAGER ON THE RUN (CEU) VETERANS DAY - HOLIDAY BMW, HOA BOARD BASIC TRAINING CAI’S M-204: GOVERNANCE - SANTA ANA (CEU) LEGISLATIVE UPDATE & MINI TRADE SHOW (CEU) CAI-CV BOARD MEETING CAI’S M-100: THE ESSENTIALS - PALM DESERT (CEU) CAI’S M-202: COMMUNICATIONS - SAN FRANCISCO (CEU) THANKSGIVING - HOLIDAY

6 6 6 12-13 19 23-25 30-31

FRIDAY FRIDAY FRIDAY THURSDAY - FRIDAY THURSDAY MONDAY - WEDNESDAY MONDAY - TUESDAY

BOARD LEADERSHIP DEVELOPMENT WORKSHOP MANAGER ON THE RUN (MOTR) (CEU) CAI-CV ANNUAL HOLIDAY OPEN HOUSE CAI’S M-206: FINANCIAL - PALM DESERT (CEU) CAI-CV BOARD MEETING CHRISTMAS - HOLIDAY NEW YEAR’S - HOLIDAY

1 10 24

WEDNESDAY FRIDAY FRIDAY

NEW YEAR’S - HOLIDAY CAI’S CMCA EXAM & PREP COURSE CAI-CV 2019 AWARDS & MONTE CARLO NIGHT

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PHONE: (760) 341-0559 EMAIL: ADMIN@CAI-CV.ORG

FAX: (760) 341-8443 WWW.CAI-CV.ORG

WATER WISE

Two CVWD Stormwater Projects Selected to Receive EPA Federal Loans

By Katie Evans

T

"The project will provide protection to life and property during 100-year flood events and ensure the reliability of Coachella Valley’s stormwater protection system."

wo Coachella Valley Water District (CVWD) stormwater projects have been selected to receive Environmental Protection Agency (EPA) federal loans through the Water Infrastructure Finance and Innovation Act (WIFIA).

The loans will allow the district to move forward as quickly as possible with the projects, which are an important part of CVWD’s ongoing commitment to reducing flood risk in the Coachella Valley to protect both life and property.

CVWD’s two projects were part of a total of 39 projects selected nationally in the highly competitive process. The selected borrowers will receive WIFIA loans totaling up to $5 billion to help finance over $10 billion in water infrastructure investments and create up to 155,000 jobs.

The EPA selected CVWD’s Coachella Valley Stormwater Channel Improvement Project for an approximately $22 million loan. The project involves improvements to reduce flood risk to the surrounding areas and bring the channel up to Federal Emergency Management Agency (FEMA) and CVWD design standards. The project will provide protection to life and property during 100-year flood events and ensure the reliability of Coachella Valley’s stormwater protection system.

The EPA selected CVWD’s North Indio Flood Control Project for a nearly $29 million loan. This project will design and construct a regional flood conveyance channel to convey stormwater flows from Sun City Palm Desert development to the Sun City Shadow Hills development, which ultimately connects to the Coachella Valley Stormwater Channel. This project will reduce flood risk to nearby communities and remove flood insurance requirements for residents in the area.

Established by the Water Infrastructure Finance and Innovation Act of 2014, the WIFIA federal loan and guarantee program aims to accelerate investment in the nation’s water infrastructure by providing long-term, low-cost supplemental loans for regionally and nationally significant projects. Both loans are contingent on a final review process by the EPA. Katie Evans is the Conservation Manager for CVWD. She can be reached by email to kevans@cvwd.org. More information is available at www.cvwd.org.

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Full Service Commercial Pool Remodeling Some of our Clients:

Emerald Desert RV RESORT • PALM DESERT, CA

• La Quinta Resort • Agua Caliente

760-342-9756

www.GardnerRemodel.com CSLB #896061 46

Quorum January, 2019

• Fantasy Springs • Rancho Mirage CC • Emerald Desert Resort

CREATIVE | BRAND | CONSULTING (714) 293-3749 BissellDesign.com

Protecting your largest investment and your peace of mind for years to come?

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Associa Desert Resort Management’s national resources and local expertise have uniquely positioned us to help your community accomplish any goals your community sets. Top-tier management, bulletproof finances, comprehensive maintenance and a customizable menu of additional services ensure your community thrives, and our local, qualified staff are committed to being your trusted advisors every step of the way.

Desert Resort Management is up for the challenge. CONTACT US TODAY!

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PAID PALM DESERT, CA PERMIT NO 149

75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211

CAI-CV UPCOMING EVENTS

TURQUOISE IS FOR LOCAL EVENTS

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

JANUARY

FEBRUARY

CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members) GUEST SPEAKER Comedian Mimi Donaldson WHEN: Friday, January 11, 2019, 11:15 Registration W HERE: Palm Valley Country Club, Palm Desert

CAI-CV’s Manager on the Run (for managers) WHEN: Friday, February 1, 2019 W HERE: CAI-CV Classroom

CAI’s National Law Seminar (for managers and lawyers) WHEN: Wednesday-Saturday, January 23-26, 2019 W HERE: New Orleans CAI-CV’s Mad Hatter Awards & Monte Carlo Night (for all members) WHEN: Friday, January 25, 2019, 5:30 p.m.

W HERE: Omni Rancho Las Palmas Resort & Spa, Rancho Mirage CAI’s M-100: The Essentials of Community Management (for all members) WHEN: Thursday – Saturday, January 31 – February 2, 2019 W HERE: Oxnard

CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members) WHEN: Friday, February 8, 2019, 11:15 a.m. Registration W HERE: Palm Valley Country Club, Palm Desert CAI’s M-202: Communications (for managers) WHEN: Friday, February 8, 2019 W HERE: Los Angeles CAI-CV’s Board Member Workshop (for homeowner leaders) WHEN: Friday, February 22, 2019 W HERE: CAI-CV Classroom CAI’s M-202: Communications (for managers) WHEN: Thursday – Friday, February 28 – March 1, 2019 W HERE: CAI-CV Classroom

2018 CORPORATE SPONSORS 2019 Corporate Sponsors will be announced in the February issue of Quorum.

PLATINUM______

GOLD________

Automation Pride AMS Paving BRS Roofing AMS Security Epsten Grinnell & Howell, APC Asphalt MD's Horizon Lighting Associa Desert Resort Management Peters & Freedman, LLP Bissell Design Studios, Inc. Prendiville Insurance Agency Conserve LandCare PrimeCo Diversified Asphalt Products Vintage Associates Fiore Racobs & Powers, A PLC Flood Response MRC - Smart Technology Solutions - A Xerox Company NPG Asphalt Pacific Western Bank Roof Asset Management Signarama Sunshine Landscape Vantage Point Construction Western Pacific Roofing

SILVER________ Barcode Automation, Inc. Ben's Asphalt, Inc. Cline Agency Insurance Brokers DWI First Foundation Bank Frazier Pest Control Green Bryant & French, LLP Nissho of California, Inc. O'Connell Landscape Powerful Pest Management Pro Landscaping, Inc. Seacoast Commerce Bank Sherwin-Williams Paint Co. Three Phase Electric

BRONZE______ Adams Stirling, PLC Albert Management, Inc. Alliance Association Bank Animal Pest Management Association Reserves Bank of Southern California Beaumont Tashjian Blue Sky Landscape Brabo & Carlsen, LLP CBCI Construction Dunn-Edwards Corporation Farley Interlocking Pavers FirstService Residential Guralnick Gilliland & Knighten Hort Tech Landscape Kasdan LippSmith Weber Turner, LLP LaBarre/Oksnee Insurance

Law Office of Jennifer James, Esq. Law Office of Peggy Redmon, APC Mutual of Omaha Painting Unlimited PatioShoppers Commercial Furnishings Popular Association Bank Powerstone Property Management S.B.S. Lien Services SCT Reserve Consultants SERVPRO of Palm Desert Shetler Security Silldorf Law, LLP Suntech Consulting & Roofing The Management Trust, Desert Division U.S. Security Associates, Inc. Union Bank HOA Services United Paving Vista Paint Corporation

2019 LEGISLATIVE DAY AT THE CAPITOL Monday-Tuesday, April 8-9, 2019 | Hyatt Regency Sacramento Sign up at www.caiclac.com

Quorum Magazine is printed at the CAI-CV Office on a Xerox Versant 180 Press.

Discounted printing is now available to CAI members. Call Bissell Design Studios, Inc. at (714) 293-3749 or the CAI-CV office for more information, (760) 341-0559.