OCTOBER 2019
OCTOBER 2019
FEATURING 10 Summerset Springs Condominiums Association 18 Before Amending CC&Rs Avoid “Ready, Fire, Aim!” 32 Palm Springs Villas II Homeowners Association vs. Erna Parth
SAVE THE DATE - CAI’S LEGISLATIVE UPDATE LUNCH PROGRAM • FRIDAY, NOVEMBER 15TH - TICKETS ON SALE NOW!
MAKING [COMMUNITY]
HAPPEN Secure your community’s future with national resources and local expertise. Associa Desert Resort Management is uniquely positioned to help your community accomplish any goals. Top-tier management, 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.
CONTACT US TODAY! 42-635 Melanie Place | Suite 103 Palm Desert, CA 92211 | 760.346.1161
www.drminternet.com
2
Quorum October, 2019
Join Us only $25 SUNSHINE LANDSCAPE 72203 Adelaid Street, Thousand Palms
COSTUME CONTEST CANDY BAR HAUNTED HOUSE DJ FOOD BY THE ORIGINAL TACO GIRLS NEW SPONSORSHIP Reserved Table Sponsor - $500
Game Cup Sponsors
Stein Sponsor
BRS Roofing, Inc.
Pacific Western Bank Statewide Services, Inc. UgMo
T-Shirt Sponsors
Lowenbrau Sponsors
Powerstone Property Management Sunshine Landscape
Cornhole Sponsors
Associa Desert Resort Management Automation Pride Epsten Grinnell & Howell, APC Green Bryant & French, LLP
AMS Paving, Inc. Roof Asset Management Wristband Sponsor SCT Reserve Consultants, Inc. Vista Paint Corporation Securitas Security Services, USA, Inc.
Bratwurst Sponsors
Beer Pong Table Sponsors
RAFFLE PRIZES NEEDED! CALL THE CAI-CV OFFICE (760) 341-0559 OR EMAIL ADMIN@CAI-CV.ORG
Bay Alarm Company EmpireWorks Reconstruction and Painting Flood Response Pacific Western Bank
Photo Sponsor
Pro Landscaping, Inc.
Frazier Pest Control, Inc. LaBarre/Oksnee Insurance Agency, Inc. Vantage Point Construction, Inc.
Pretzel Sponsors
Dunn-Edwards Corporation Fiore Racobs & Powers
Dessert Sponsors
Conserve LandCare Western Pacific Roofing
Prize Sponsor
M.C. Builder, Corp. CAI-CV.org
facebook.com/CAICV
@CAI-CV
3
CONTENTS
2019 QUORUM COMMITTEE MEMBERS CAI-CV
EDUCATED BUSINESS PARTNER
CAI-CV
EDUCATED BUSINESS PARTNER
JENNIFER JAMES, ESQ., CHAIR Green Bryant & French, LLP RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc. GEN WANGLER, ESQ., CCAL, BOARD LIAISON Fiore Racobs & Powers, A PLC KIMBERLY BURNETT DSI Security Services DIANE CARMONY Coachella Valley Water District SIERRA CARR, CMCA Associa Desert Resort Management
CAI-CV
EDUCATED BUSINESS PARTNER
DEA FRANCK, ESQ. Epsten Grinnell & Howell, APC BRUCE LATTA, CMCA Parc La Quinta HOA MARNE LOGAN, CCAM The Management Trust Desert Division GLENN A. MILLER, CGCS Southwest Landscape & Maintenance, LLC GRACE PALUCK, CMCA The Management Trust Desert Division KUMAR S. RAJA, ESQ. Tinnelly Law Group MIKE REY Rey Insurance Services A FARMERS® Insurance Agency
10
CAI-CV
EDUCATED BUSINESS PARTNER
SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC STEVEN SHUEY, PCAM Personalized Property Management
18
JOSH WIDENMANN MRC Smart Technology Solutions A Xerox Company CREATIVE DIRECTOR & GRAPHIC DESIGNER
32
FEATURES 10
Summerset Springs Condominiums Association By Marne Logan, CCAM
18
Before Amending CC&Rs Avoid “Ready, Fire, Aim!” By Kelly G. Richardson, Esq. CCAL
32 Palm Springs Villas II Homeowners Association vs. Erna Parth By Margaret G. "Gen" Wangler, Esq., CCAL
4
Quorum October, 2019
CAI-CV
EDUCATED BUSINESS PARTNER
RODNEY BISSELL Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749
ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION admin@cai-cv.org
SUBSCRIBER SERVICES
The Coachella Valley Quorum Magazine is a publication expressly prepared for association leaders, managers and related business professionals of the Community Associations Institute. Members are encouraged to submit articles for publishing consideration. All articles accepted for publication in Quorum are subject to editing and rewriting by the Quorum Committee. 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.............................................27
ASPHALT AMS PAVING................................................................34 ASPHALT MD'S..............................................................8 NPG ASPHALT..............................................................38
ATTORNEYS FIORE RACOBS & POWERS, A PLC..............................37 GREEN BRYANT & FRENCH, LLP....................................5 GURALNICK & GILLILAND, LLP....................................39
BANKING MUTUAL OF OMAHA....................................................37
CONSTRUCTION VANTAGE POINT CONSTRUCTION, INC........................24 PRIMECO.....................................................................13
DESIGN BISSELL DESIGN STUDIOS, INC...................................34
ELECTIONS THE INSPECTORS OF ELECTION..................................31
GATES & GARAGE DOORS AUTOMATION PRIDE....................................................24
INSURANCE PRENDIVILLE INSURANCE AGENCY............................39
LANDSCAPING CONSERVE LANDSCAPE .............................................24 PRO LANDSCAPING, INC..............................................39 PWLC II, INC. LANDCARE MANAGEMENT....................27 WATER RITE - VINTAGE ASSOCIATES, INC..................13
MANAGEMENT COMPANY ASSOCIA DESERT RESORT MANAGEMENT...................2
PEST CONTROL CARTWRIGHT TERMITE & PEST CONTROL, INC............5 POWERFUL PEST MANAGEMENT................................39
REALTORS PALM SPRINGS REGIONAL ASSOCIATION OF REALTORS................................................................8
RESERVE STUDIES ADVANCED RESERVE SOLUTIONS, INC. .....................13
ROOFING BRS ROOFING, INC. .....................................................39 ROOF ASSET MANAGEMENT.......................................13 SUNTECH ROOFING.....................................................24 WESTERN PACIFIC ROOFING.......................................27
SECURITY AMS CONNECT............................................................38
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, California 92211
www.gbflawyers.com
CAI-CV.org
| 760.565.5889
facebook.com/CAICV
@CAI-CV
5
CONTENTS
2019 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS MIKE TRAIDMAN PRESIDENT Mira Vista at Mission Hills HOA CAI-CV
EDUCATED BUSINESS PARTNER
MATT LAWTON, CIC, CIRMS PRESIDENT-ELECT Prendiville Insurance Agency
MARGARET "GEN" WANGLER, ESQ., CCAL PAST-PRESIDENT Fiore Racobs & Powers, A PLC
20 CAI-CV
EDUCATED BUSINESS PARTNER
CAI-CV
EDUCATED BUSINESS PARTNER
JOLEN ZEROSKI, CMCA TREASURER Union Bank DEA FRANCK, ESQ. SECRETARY Epsten Grinnell & Howell, APC CARDINAL AMBROSE, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management
CAI-CV
EDUCATED BUSINESS PARTNER
MICHA BALLESTEROS DIRECTOR
Cartwright Termite & Pest Control, Inc.
CHAPTER NEWS
DEPARTMENTS
8 CAI-CV Educated Business Partners
7 President’s Message
9 CAI-CV New & Renewing Members 27 Welcome Aboard
Laura Hurtado, CCAM-PM, CMCA, AMS Newman & Associates By Susan Browne Rosenberg, CIH
33 Time Honored
Cassie Gertz, CMCA, AMS By Grace Paluck, CamEx, CCAM
40 2019 Corporate Sponsors
CHAPTER EVENTS 3 Spooktoberfest 19 CAI Legal Forum 40 Upcoming Chapter Events
6
Quorum October, 2019
RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR RealManage
14 About CLAC
LONI PETERSON, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management
STEVEN SHUEY, PCAM DIRECTOR Personalized Property Management
2019 – California Legislation Update By Nathan McGuire, Esq.
22 A Manager's Perspective
Managing Budget Increases By Holly Smith, CMCA, AMS
Platinum Spotlight 25 Associa Desert Resort Management
35 Western Pacific Roofing Corp. 36 Water Wise New Reservoir Would Benefit
the Coachella Valley By The Coachella Valley Water District
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.
FROM THE CHAPTER
President’s Message Mike Traidman Mira Vista at Mission Hills HOA
T
he CAI-CV Board and Committee Leadership are busy planning for 2020. Over the next few weeks, we will finalize and publish the Chapter’s 2020 calendar and our 2020 Advertising and Sponsorship Plan. At the same time, the Board’s Strategic Planning Committee is working on new initiatives to grow the Chapter’s income to keep pace with our membership growth. At the end of September, we were only six members short of becoming recognized as a “Very Large” chapter, CAI’s largest chapter category. Please join me in thanking our Membership Committee and leadership team for their great work this year increasing membership. The Chapter’s annual election will run through October 28th with the results announced at our annual meeting on Tuesday, October 29, 2019 at 3:00 p.m. at the CAI-CV office. We have four open seats and five candidates running. Election instructions were sent to all CAI-CV members. If you did not receive instructions, please call the CAI-CV office. Please remember to vote! You can review the candidate statements in this issue of Quorum on pages 26-30. Following the Central California earthquake and the more recent swarming activity here in the desert, the Programs Committee scheduled a NEW program on earthquake preparedness to help CAI-CV members get ready for the inevitable quake along the San Andreas Fault. This program will be held at Palm Valley Country Club on Friday, December 13th, from 11:15 a.m. to 1:15 p.m. Registrations are available online now at www.cai-cv.org. Our thanks to Steven Shuey, PCAM (Personalized Property Management) and Bruce Latta, CMCA (Parc La Quinta HOA) for teaching our Board Basic Training on Tuesday, September 10th about board succession planning. There was a terrific roundtable discussion on how to find and train the right people to serve on a HOA board. At the meeting, CAI-CV members handed out our newest brochure called “Who Me? Serve on a HOA Board?” that was prepared by our Homeowner Leader Committee to help boards recruit new directors. If you would like copies of the brochure, please contact the office.
Thank you to the Programs Committee and our guest speakers, Jeff Beaumont, Esq., CCAL and Lisa Tashjian, Esq., CCAL (Beaumont Tashjian) for an outstanding presentation on Friday, September 20th at our Educational Lunch Program & Mini Trade Show. The topic was “How Boards Get into Trouble” and the information provided was fantastic. This program was a perfect example of how CAI-CV provides community association directors and managers clear tools to help protect their associations from lawsuits. Our new Assistant Manager on the Run (AMOTR) program held a one-hour training on Friday, September 27th. The class was titled “Board Meeting Preparation” and according to the surveys, it was a great success thanks to CAI-CV Director and guest instructor, Loni Peterson, PCAM (Associa Desert Resort Management). Thank you Loni for your time and expertise. Our October calendar is full. We have a Manager on the Run program scheduled for Friday, October 4th and Board Basic Training scheduled for Tuesday October 8th. Our October lunch program will be on Friday, October 11th with guest speaker, Rob Felix, RS, PCAM (Felix Reserve Group) who will be talking about servant leadership. CAI’s Statewide Legal Forum will take place at the Newport Beach Marriott on Friday, October 18th. You can register for this fantastic all-day educational event at www.caionline.com. CAI-CV’s annual Oktoberfest (Spooktoberfest) will take place at Sunshine Landscape on Friday, October 25th. Registrants receive a free mug (with beer) and t-shirt. One final reminder - Don’t forget to sign up for CAI-CV’s Legislative Update on Friday, November 15th. We expect this lunch program to sell out fast. I look forward to seeing you at our October programs as we continue to provide leadership though education!
Mike Traidman
Mike Traidman, Mira Vista at Mission Hills HOA
CAI-CV.org
facebook.com/CAICV
@CAI-CV
7
CAI-CV
EDUCATED BUSINESS PARTNER
the Palm Springs ®
MONTHLY
Choose Educated Business Partners
JULY/AUG 2018
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
Micha Ballesteros, Cartwright Termite & Pest Control, Linc. Rodney Bissell, Bissell Design Studios, Inc. Susan Browne Rosenberg, CIH, Desert Cities Indoor Air, LLC Kimberly Burnett, DSI Security Services Linda Cardoza, Alliance Association Bank Will Cartwright, Cartwright Termite & Pest Control, Inc. Rick Cech, Roof Asset Management Todd Chism, PatioShoppers Tiffany Christian, Epsten Grinnell & Howell, APC Adam Eves, EmpireWorks Lori Fahnestock, Powerful Pest Management Dea Franck, Esq., Epsten Grinnell & Howell, APC Julie Frazier, Frazier Pest Control, Inc. Elaine Gower, Naumann Law Firm, PC Michael Graves, SCT Reserve Consultants Amanda Gray, O'Connell Landscape Maintenance Matthew Hills, Securitas Security Services USA, Inc. Tim Hoss, BEHR & KILZ Paints & Primers Jennifer James, Esq., Green Bryant & French, LLP Megan Kirkpatrick, Kirkpatrick Landscaping Services Jared Knight, Vista Paint Corporation Katy Krupp, Fenton Grant Mayfield Kaneda & Litt, LLP Matt Lawton, CIC, Prendiville Insurance Agency Larry Layton, Kirkpatrick Landscaping Services Alison LeBoeuf, Sherwin-Williams Mike Mastropietro, OCBS, Inc. Chris Meyer, Asphalt MD's Greg Morrow, Eagle Roofing Products Fran Mullahy, Vintage Associates Matt Ober, Esq., Richardson Ober, PC Chet Oshiro, EmpireWorks Mallory Paproth, SCT Reserve Consultants Elisa Perez, Esq., Epsten Grinnell & Howell, APC Jay Powell, Ben's Asphalt Dana Pride, Automation Pride Kelly Richardson, Esq., Richardson Ober, PC Brent Sherman, Animal Pest Management Services, Inc. Brittany Smith, Vantage Point Construction, Inc. Kymberli Taylor-Burke, NPG Asphalt Liz Williams, AMS Paving Taylor Winkle, Roof Asset Management Bevan Worsham, AMS Paving Jolen Zeroski, Union Bank Homeowners Association Services
Become an Educated Business Partner Call the CAI-CV office or go to www.cai-cv.org for more information. 8
Quorum October, 2019
CAI-CV ELECTION OF DIRECTORS The Annual Election of Directors for the Coachella Valley Chapter of CAI has been scheduled for Tuesday, October 29, 2019, at 3:00 p.m., at the CAICV Chapter office, 75410 Gerald Ford Drive, Suite 102, Palm Desert, CA 92211. The election will be run by the third-party professional elections company, The Inspectors of Election, and ballots will be available online beginning September 30, 2019. Voting will continue until October 28, 2019. Each CAICV member will receive one vote and receive one login ID and password. Ballots will be sent to the person on record with CAI’s National office. If you are a business partner who is on the CAI-CV local database but not on the CAI National database, please contact the CAICV office to find out where your company’s ballot information will be sent. There are four open seats for three-year terms, from January 1, 2020 through December 31, 2023. Each year, three or four board terms are completed, making these seats available for election. Board members may serve up to two threeyear terms. This year, all four board members are eligible to run for a second term. All CAICV members in good standing who have served recently in a leadership position on a CAICV Standing Committee are eligible to run.
CAI-CV NEW & RENEWING MEMBERS NEW NATIONAL CORPORATE BUSINESS PARTNERS APPFOLIO, INC. Grace Burns (805) 617-2167 Grace.burns@appfolio.com CINC CAPITAL, LLC Robin Storey (770) 365-3331 robin@cinccapital.com CIT Keith Pequeno (603) 433-94001 Keith.pequeno@cit.com NEW BUSINESS PARTNERS NEWMAN CPA Laura Hurtado (760) 205-4688 laura@hoacpa.com PRECISION POOL TILE CLEANING Brian Isbell (909) 261-2736 briani@pooltilecleaning.com RENEWING BUSINESS PARTNERS AMERICAN TECHNOLOGIES, INC. Cindy Helmstead (951) 206-7345 Cindy.helmstead@us.belfor.com DESERT CITIES INDOOR AIR, LLC Susan Rosenberg (760) 902-2545 sbriaq@gmail.com EAGLE ROOFING PRODUCTS Greg Morrow (909) 633-2191 gregm@eagleroofing.com GARDNER OUTDOOR AND POOL REMODELING Mark Feldstein (714) 630-6300 markf@gardnerremodel.com HORT TECH – A MONARCH LANDSCAPE COMPANY Rosa Trevino (760) 360-9000 rosa@horttachlandscape.com LABARRE/OSKNEE INSURANCE AGENCY, INC. Carol Fulton (800) 698-0711 carolf@hoa-insurance.com RUDY’S TERMITE AND PEST CONTROL, INC. Rudy Garza (760) 775-7216 jodi@rudyspest.com
THE SHERWIN-WILLIAMS COMPANY Vera Cortez (760) 809-9691 Swrepq102@sherwin.com NEW MANAGER MEMBERSHIPS JACK IVEY RANCH HOA Jennifer Buxton (760) 623-6663 jirhoa@jirhoa.com RENEWING MANAGER MEMBERSHIPS ALBERT MANAGEMENT INC. John McGara (602) 540-9643 John.Mcgara@albertmgt.com ASSOCIA DESERT RESORT MANAGEMENT Tyler Ingle (760) 346-4349 Tyler.ingle@associa.us MILLENNIUM COMMUNITY MANAGEMENT, LLC Scott Merle (866) 508-2780 scott@mcmiskey.com MOTORCOACH COUNTRY CLUB PROPERTY OWNER ASSOCIATION, INC. Carla Boosalis (760) 342-4215 cboosalis@drminternet.com PALM SPRINGS MANAGEMENT GROUP Philip Allen (760) 325-9503 Ext. 103 phil@palmspringsmgmt.com THE RESERVE COMMUNITY ASSOCIATION Julie Reese (760) 674-2242 jreese@thereserveca.com VACASA Sarah Simoneau (909) 866-5140 Sarah.simoneau@vacasa.com WHITESTAR MANAGEMENT Monique Kerrigan (760) 485-3051 monique@whitestarmgmt.com Dion Lewis (760) 773-0123 Ext. 104 dion@whitestarmgmt.com
CAI-CV.org
NEW VOLUNTEER LEADERS BANNING ESTATES HOMEOWNERS ASSOCIATION Lillian Antista Timothy Antista Christopher Ellis John Fitch Vonnie Hounser BIG BEAR SHORES HOMEOWNERS ASSOCIATION Lin Betancourt Jamie Hillwig Dana Hudrlik Al Seguy Becki Vowles THE ENCLAVE AT LAS COLINAS, INC. Barry Frank Art Gonzalez Eric Hernandez James Leighty Judy Schuh RENEWING VOLUNTEER LEADERS ALDEA AT JACKSON Osualdo Beltran Michael Bonilla Laidley Gordon Lolita Vega CANYON WEST ESTATES HOMEOWNERS ASSOCIATION Larry Broenniq Diane Green Scott Miller Ganry West COURTYARDS AT DESERT FALLS Kathy Coplen Greg Vaka LAS BRISAS NORTH Michael Aubry Morgen Bentsen Leslie Dullman Claire Erlam Ruben Franz RANCHO MIRAGE RACQUET CLUB Jacqueline Harth Mike Renner SHADOW HILLS JAMES COLLINS Rex Jennings Patrick Marchesson Sandra Nemecek Todd Rous
facebook.com/CAICV
@CAI-CV
9
FEATURE
Summerset Springs Condominiums Association By Marne Logan, CCAM
C
olorful legends and a rich history surround Summerset Springs Condominiums in Palm Springs. As part of the Tahquitz Creek Community in Tahquitz Canyon, these homes are adjacent to one of the oldest and most cherished historic areas of the Valley, the original home of the Agua Caliente Band of Cahuilla Indians. Although legends about Tahquitz Canyon take many forms, most agree that its stunning beauty and vibrant nature offer current desert dwellers an amazing way to enrich their lives. Summerset Springs Condominiums are located at 2601 South Broadmoor Drive, a short walk to the hiking trails in Tahquitz Canyon. They are steps away from shopping, an array of outstanding restaurants and minutes to the Palm Springs airport.
10
Quorum October, 2019
FEATURE This community is known for its lush park-like garden landscape. The buildings are smartly situated among dozens of shade trees and colorful bougainvillea on more than four and a half acres, offering residents plenty of beautiful areas to enjoy. Constructed in 1984, Summerset Springs is fully built out with six buildings, and 90 units. The homes are two-stories and have two to three-bedrooms and two baths. The units also have fireplaces, plenty of windows, ten-foot ceilings and covered carports. The two-bedroom units are selling between $192,000 to $270,000 for units that are fully updated. Threebedroom units range in price from $202,000 to $290,000. The association assessments are $350 per month and include maintenance of all the common landscaping, exterior walls, roofs, pools and spas, parking lots, car ports, clubhouse, and the gates. Board Vice President Gary Lee Smith said, “I think the homeowners find a lot of value for their money here. We have a well-managed community in a convenient location that offers features like volume ceilings, indoor laundry, a wet bar and fireplace in each unit. Also unique to this area, the condominiums are not on leased land.� The board has been working on energy saving and cost reducing projects and have identified common space areas that could be converted to desert-scape w it hout damaging t he
CAI-CV.org
facebook.com/CAICV
@CAI-CV
11
FEATURE park-like aesthetics of the community. They are also working to modify their water usage by surveying the landscaped areas and identifying where changes can be made to lower usage. The board is also proud of their efforts to protect home values by having Earthquake Insurance. The five-member board is augmented by four committees; Landscape, Security, Emergency Preparedness, and Rules & Regulations. They are managed by CAI-CV member Holly Smith, CMCA, AMS from Powerstone Property Management. Holly commented, “Summerset has a wonderful board that helps make this community run like a welloiled machine. I love the closeknit feel of this community, how everyone watches out for each other, and really cares about where they live.� If you have questions about Summerset Springs Condominiums, you may reach Holly at 760-469-4797 or by email at hsmith@powerstonepm.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.
12
Quorum October, 2019
REAL ROOFING KNOWLEDGE FOR REAL ROOFING SOLUTIONS
We can help you meet your CVWD "Efficient" budget!
Inc.
Spray Polyurethane Foam Systems Roof Repairs
Tile Systems
Roof System Maintenance
Shingle & Shake Systems
Budget Reserves
Consulting
760 813 9999 w w w . R A M R O O F. c o m
C OAC H E L L A VA L L E Y C H A P T E R
A SS O C I AT I O N S I N ST I T U T E
ADVANCED RESERVE SOLUTIONS, INC. Fernando Fregoso (760) 772-3673
fernandof@thevintageco.com
ROXI K. BARDWELL, PCAM, CCM Regional Vice President 7 7 - 5 64 B Country Club Drive, Suite 3 1 0 Palm Desert, CA 9 2 2 1 1
C 510.693.1620 • O 760.295.1864 CAI-CV.org
facebook.com/CAICV
@CAI-CV
13
ABOUT CLAC
2019 – California Legislation Update
Dozens of bills are still pending. A full update on this year's legislation including new case law impacting CIDs will be discussed at CAI-CV's Legislative Update on November 15th at 11:15 a.m. at Palm Valley Country Club. Registration is available now online at www.cai-cv.org.
By Nathan McGuire, Esq. TERMINOLOGY Enrolled. A bill that passes both houses is sent for proofreading for consistency before being sent to the Governor for approval. Transmitted to Governor. The governor must sign or veto legislation within 10 days after transmittal, or it becomes law without his/her signature. For bills transmitted after session adjournment, the governor must act within 30 days after the end of the session, or the legislation becomes law without being signed. Chaptered. A bill is “chaptered” once it is signed by the Governor. It becomes law January 1 of the following year unless it contains an urgency clause (takes effect immediately) or specifies an effective date.
2019 BILLS/LEGISLATION
AB 446. Discrimination: Victims of Domestic Violence. (Pending) This bill would require the inclusion of “victim of abuse” disclosure/stamp on the first/cover page of CC&Rs:
If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, victim of abuse status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
14
Quorum October, 2019
AB 670. Accessory Dwelling Units. (Enrolled and Transmitted to the Governor) This bill would make a provision in a common interest development’s governing document void and unenforceable if it prohibits the construction of accessory dwelling units or junior accessory dwelling units. An “accessory dwelling unit” is a second unit on a lot, either detached or contained within the walls of the house on the lot, up to 1,200 square feet, and including cooking, sleeping, and bathroom facilities. Accessory dwelling units may also have relaxed setback and parking requirements. A “junior accessory dwelling unit” may be up to 500 square feet and must have an outside entrance and cooking facilities, but may share bathroom facilities with the main house on the lot. AB 885. Natural Disaster Property Tax Relief. (Enrolled and Transmitted to the Governor) Where real property has been damaged or destroyed by misfortune or calamity, excludes from the definition of “newly constructed” and “new construction” any timely reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction, base year property taxes do not change. SB 222: Discrimination: Veteran or Military Status. (Enrolled and Transmitted to the Governor) Existing law declares that housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or
ABOUT CLAC
• may not disqualify anyone for nonpayment of fines, fines characterized as assessments, collection charges, late charges or costs levied by a third party (management companies e.g.); • require retention of, as election materials, a candidate registration list and voter list. The voter list must the name, voting power, and physical address or parcel number or both, and the mailing address in some cases; • must make candidate registration list and voter list available to members to verify accuracy the member's information at least 30 days before ballots are distributed;
genetic information is against public policy. This bill would declare that housing discrimination on the basis of veteran or military status is against public policy. Existing law requires a county recorder who provides a copy of a declaration, governing document, or deed to any person to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction based on certain characteristics, that the restriction violates state and federal fair housing laws and is void, and may be removed. This bill would require the specified language in the cover page or stamp to include the characteristic of veteran or military status. SB 323. Elections & Director Qualifications. (Enrolled and Transmitted to the Governor) A variation of this bill was vetoed last year by Governor Brown. This bill requires election rules: • elections must be held at the end of each director's expiring term, but at least every four years;
• provide general notice (or individual notice if requested) at least 30 days before nomination deadline of the procedure and deadline for submitting a nomination; • provide general notice (or individual notice if requested) at least 30 days before ballot distribution of the following: - date, time and physical address to return ballots; - date time and location of ballot counting meeting; - a list of candidates’ names that will appear on the ballot;
• specify candidate qualifications, subject to the following; • must disqualify anyone not a member at the time of nomination (except developer nominations if otherwise permitted in the documents); • entity owners may appoint a natural person for nomination or service as a director; • if stated in the bylaws or election rules, may disqualify: - persons delinquent in the payment of regular or special assessments, except if assessments are paid under protest or pursuant to a payment plan; - joint owners from serving on the board at the same time; or - someone who has been a member for less than a year; CAI-CV.org
facebook.com/CAICV
@CAI-CV
15
ABOUT CLAC
• mandate the inspector of elections deliver to each member by individual delivery (or website posting when specified wording regarding website posting is state on the ballot) the ballots and a copy of the election operating rules at least 30 days before an election; • prohibit the denial of a ballot to a member for any reason and to a person with general power of attorney for a member; • require the sealed ballots, signed voter envelopes, voter list, proxies, and candidate registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation and would, with certain exceptions, require these association election materials to be considered association records, as defined, subject to inspection and copying; • allow someone with a general power of attorney to vote for a member; • may not be amended less than 90 days before an election. The bill makes members' email addresses part of the membership list available to all members. It requires elections to be held at minimum every four years. It provides that when a court finds that election procedures were not adopted or adhered to, it shall void the election results unless the association established that its noncompliance did not affect the election results. It allows a member to be awarded attorneys' fees for consulting an attorney for small claims court.
SB 326. Waterproofing Inspections; Construction Plans. (Chaptered) This bill would require the following: • Starting in 2025, condominium associations must have visual inspections of load-bearing components (six feet above ground, supported entirely or substantially by wood) and associated waterproofing systems every nine years. An inspector must submit a report to the board providing the current physical condition and remaining useful life of the loadbearing components and associated waterproofing systems. • Inspection obligations apply only to buildings with three or more multifamily dwelling units. • The declarant or developer of a condominium project must submit a complete set of architectural and structural plans and specifications to an association for any buildings containing exterior elevated elements, as specified. • Changes rights and duties of an association regarding construction defect cases.
16
Quorum October, 2019
SB 434. Managing Agent Production Records upon Termination. (Two-Year Bill) This bill would require a managing agent whose management agreement has been terminated to produce client property and client records within a specified period of time pursuant to a written request by a common interest development association, except as specified. The bill would define “client property” and “client records” for purposes of those provisions. SB 652. Entry doors: Display of Religious Items. (Chaptered) This bill would, with certain exceptions, prohibit restrictions on the display of religious items on an entry door or entry door frame of a dwelling. SB 754. Board Members: Election by Acclamation. (Enrolled and Transmitted to the Governor) This bill would amend Section 5100 of the Civil Code and Section 7522 of the Corporations Code to require, for associations including 6,000 or more units, when the number of director nominees at the close of the nomination period is not more than the number of vacant director positions on the board, that the director nominees be considered elected by acclamation, subject to board's satisfaction of specified notice requirements to provide individual notice of the election and the procedure for nominating candidates at lea st 30 days before the close of nominations. Nathan McGuire, Esq. is the chair of CAI’s California Legislative Action Committee and is the Managing Partner of Northern California Offices for Adams Stirling, PLC. Nathan McGuire, Esq. Nathan can be reached at (800) 464-2817 or by email at attorney@adamsstirling.com
Desert Cities HOA Council Schedules First Homeowner Leader Meeting in Palm Springs Monthly Board Education Available Now in Three Valley Locations Earlier this year, CAI-CV formed an affiliation with the Desert Cities HOA Council to bolster efforts to educate community association board members. The Council has been meeting in Cathedral City for more than ten years and will continue to do so. Starting in October, they will be adding Palm Springs meetings. In the meantime, CAI-CV is offering monthly educational meetings for board members in it’s classroom that is easily accessible to board members in the East Valley. The Desert Cities HOA Council’s first Palm Springs meeting will be held the Palm Springs Pavilion, located at 401 South Pavilion Way, 10:00 a.m. to 12:00 p.m., on Wednesday, October 30, 2019. The Pavilion is located off of Baristo Road between Palm Springs High School and the Palm Springs Library. All homeowner leaders are welcome to attend and there is no charge for attendance. Please RSVP to lolson.mvhoa@gmail.com.
CAI-CV Partners with Desert Cities HOA Council CAI-CV Board Members are Welcome to Attend OCTOBER TOPICS & SPEAKERS TOPIC: Legal Update and Court Case Results Impacting HOAs SPEAKER: Jennifer James, Esq., Green, Bryant, and French, LLP TOPIC: Board Member Ethics and Fiduciary Responsibilities SPEAKER: Wayne Guralnick, Esq., Guralnick & Gilliland, LLP
CATHEDRAL CITY
PALM SPRINGS
WHERE: NEW LOCATION Cathedral City Library 33520 Date Palm Drive Cathedral City WHEN: Thursday, October 24, 2019 10:00 AM – 12:00 PM COST: Free NEXT MEETING: Thursday, November 21, 2019 10:00 AM – 12:00 PM
WHERE: NEW LOCATION Palm Springs Pavilion 402 S. Pavilion Way Palm Springs WHEN: Wednesday, October 30, 2019 10:00 AM – 12:00 PM COST: Free NEXT MEETING: Wednesday, November 20, 2019 10:00 AM – 12:00 PM
Desert Cities HOA Council CAI-CV.org
facebook.com/CAICV
@CAI-CV
17
FEATURE
Before Amending CC&Rs Avoid “Ready, Fire, Aim!” By Kelly G. Richardson, Esq. CCAL
"redlined", showing what is being removed and what is being added, and another version showing the text as it will read if it is approved. If your association is pursuing a complete rewrite of your CC&Rs, don't worry about this last item - a "redline" version will be too complicated. Instead, consider sending along a summary of "highlights" of what will be new or different in the proposed CC&Rs.
1. First, check with the members. Amending CC&Rs
7. While trying to amend your association CC&Rs, consider
usually takes a supermajority (i.e. more than simply a majority of the quorum), so strong membership support is essential. Drafting a great amendment is meaningless if the homeowners will not vote for it.
whether bylaw amendments are also needed. More may be accomplished with the same vote (and effort). Bylaw amendments usually require less votes to approve, and a court can also order them approved under Corporations Code 7515.
2. Avoid controversial amendments, such as amendments
8. If homeowners wish to speak in opposition, allow them
changing assessments so that some members pay a higher or lower amount or unpopular use restrictions.
speak. Normally, boards explain with the amendment package explain why it should be passed, in HOA meetings, or newsletters. If some members strongly oppose the amendment, the Wittenberg v. Beachwalk case reminds us that the board cannot prevent others from expressing opposition. Besides, if there is a significant amount of disagreement, the board should slow down and work more to build a consensus. CC&R amendments should be widely supported.
3. Some amendments do not require a membership vote. Under the Civil Code, amendments deleting developer marketing provisions (Section 4230) or removing illegal discriminatory restrictions (Section 4235), or simply changing the old Civil Code references to the current (Section 4235), are all amendments which can be adopted by the board of directors in an open meeting.
4. Get out the vote. Explain to the members that the failure 9. Have an attorney prepare the amendment. CC&Rs are to vote (abstaining) is the same as a “no” vote. Divide up the community into sectors and divide those sectors among volunteers. CC&R amendments are not often very interesting, and apathy is usually their greatest enemy.
5. If you cannot meet the supermajority required by your CC&Rs, Civil Code 4275 allows the HOA to file a court petition to seek judicial approval - however, to petition, more than 50% of all members, not just a majority of the quorum, must vote in favor. These petitions really should be viewed as a last resort, due to the legal, mailing, and copying cost involved.
6. The EXACT text of the amendment must be sent out with the ballots - even if it was already previously distributed. This is required by Civil Code 5115(e). When sending amendments to members, help them by sending TWO versions - one
18
Quorum October, 2019
a legal document. I occasionally discover that a client presented an amendment which unknowingly violates the law or contradicts another part of the CC&Rs. Your association attorney should be involved very early in the amendment process, to avoid wasted effort.
10. Make sure your amendment is recorded. Once the amendment is filed with the County Recorder, all owners and future owners are deemed by law to have legal notification and are therefore bound by it. Kelly G. Richardson, Esq. is a Fellow of the 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®.
COMMUNITY BOARD MEMBERS CAN SIGN UP NOW FOR CAI'S BLDW CERTIFICATE PROGRAM
Board Leadership Development Workshop Friday, December 6th, 2019
B
oard leadership is necessary to help a community thrive. Those who serve on a board of directors in a community need special education in order to serve well. Unlike other nonprofit organizations, homeowner associations have special circumstances requiring special knowledge and understanding. This also applies to committee service in the community. You can get the needed education by attending CAI's Board Leadership Development Workshop. This is an all day intensive workshop broken out into five modules that more than fill the day's agenda. The modules include: • Governing Documents and Roles & Responsibilities • Communications, Meetings & Volunteerism • Fundamentals of Financial Management • Professional Advisors & Service Providers • Association Rules and Conflict Resolution
CAI is holding the class in Palm Desert. The class will run from 8:00 a.m. to 5:00 p.m. on Friday, December 6th. Lunch is included in the price. The cost is reasonable and could be paid by your association from its education budget. If you are on your board of directors or considering serving on the board in the future, this class is a must! The class is taught by a variety of attorneys and managers, well qualified for their subject.
Following the final modules, the attorneys will join in an "attorney round-table" in a social atmosphere with a glass of wine where students can try and stump our esteemed legal panel with their questions. Sign up by logging in to the CAI website (cai-cv.org) or call the office at (760) 341-0559.
Oct. 18, 2019 | Newport Beach, CA
Now in its 10th year! A one-day event for California community managers, association board members, and other homeowners from Community Associations Institute—the leader in HOA and condo education, advocacy, and professional development. This event is also offered in Northern California on Sept. 12–13, 2019. Attend one or both programs for the latest California hot topics. For event details and registration, visit www. caionline.org/Events/CALaw or call CAI Member Services at (888) 224-4321 (M–F, 9 a.m.–6 p.m. ET).
CAI-CV.org
facebook.com/CAICV
@CAI-CV
19
CHAPTER EVENTS
Educational Lunch Program & Mini Trade Show Friday, September 20, 2019
20
Quorum October, 2019
CHAPTER EVENTS "HOW BOARDS GET INTO TROUBLE"
JEFFREY A. BEAUMONT, ESQ., CCAL Beaumont Tashjian LISA A. TASHJIAN, ESQ., CCAL Beaumont Tashjian
THANKS TO OUR PROGRAM SPONSORS MEMBERSHIP SPONSOR Prendiville Insurance Agency EXHIBITOR BOOTH SPONSORS A-Rising Builders Alan Smith Pool Plastering Alliance Association Bank Animal Pest Management Services, Inc. BEHR & KILZ Paints & Primers BRS Roofing Inc. C.L. Sigler & Associates, Inc. Conserve LandCare Epsten Grinnell & Howell, APC Gardner Outdoor and Pool Remodeling Horizon Lighting Inc. Nissho of California, Inc. O'Connell Landscape Maintenance Prendiville Insurance Agency PrimeCo PWLC II, Inc. Roof Asset Management Roseman Law, APC S. B. S. Lien Services Seacoast Commerce Bank Sustainable Water Solutions Three Phase Electric Tinnelly Law Group United Paving Co. Western Pacific Roofing SCHOLARSHIP SPONSORS M.C. Builders The Management Trust
CAI-CV.org
facebook.com/CAICV
@CAI-CV
21
MANAGERS' CORNER
Managing Budget Increases By Holly Smith, CMCA, AMS
I
t’s budget season and I have collected my reserve studies, contacted my business partners to inquire about contract increases and double checked my calculations. I feel like Santa Claus with my lists and checking them twice. But, unlike the man in the red suit, I don’t get to carry a bag full of presents to my board meetings and offer tidings of joy. As I am preparing my budgets, I am seeing a major trend; rates for monthly services are increasing across the board. How can that be? In case you aren’t aware, one leading factor is the minimum wage limits. The State of California not only increased the minimum wage rate in January of this year, but there are additional planned increases that span the next three years. January 1, 2019 January 1, 2020 January 1, 2021 January 1, 2022
25 Employees or less $11.00/hour $12.00/hour $13.00/hour $14.00/hour
26 Employees or more $12.00/hour $13.00/hour $14.00/hour $15.00/hour
Minimum wage increases effect the entire economic chain. As companies increase their wage expenditures, they also charge more for their products or services. As homeowners associations are on the receiving end of these services and products, they are beginning to feel the pinch. As managers it is our job to prepare the budget and bring our findings to the boards and communities. So how do we make the news easier to deliver? Here’s some easy, but well thought out steps that you can take to ensure the best delivery for bad news. 22
Quorum October, 2019
Prepare for the conversation: Organization is the number one key to anything you do as a manager. Creating, editing and presenting the budget always needs to be completed in an organized manner. Keep lists, or better yet, task everything. This starts with an annual reoccurring task to order your reserve study proposals along with making sure you get those approvals quickly and notating to your analyst your deadline. When it’s time to start crunching the numbers, be sure you have everything you need. Things to include are; insurance premium notifications, new contracts from your vendors, a current financial, invoices and any other information that will help you get the numbers you need. Be meticulous in detailing your budget with the reasons why the numbers have increased. Having a comprehensive budget with comments will help you remember why a line item has increased even if there is some time between its creation and the delivery. Notations can include things like; “Landscape contract increased by $200 per month, we have already exceeded expenditures for the gas from this time last year, or the irrigation supply company sent us a letter stating they are increasing the costs of supplies by 5%.” Whatever method you use, be sure to document.
1
Remind yourself why preparation is necessary – Do not try and just wing the answers. Once meeting day approaches, review your notes thoroughly. Another good thing to do is to think like a Board member or homeowner and think of some potential questions that you would ask and write down your answers. Have your colleagues
2
MANAGERS' CORNER "DELIVERY METHOD IS EVERYTHING. MAKE SURE YOU THINK ABOUT HOW YOUR GOING TO TALK ABOUT THE INCREASE. AGAIN, MAKE YOURSELF SOME NOTES."
ask you questions that you may not have thought about. By mentally preparing and taking notes you are more capable of answering potential questions or diffusing emotionally heated arguments. Be direct - No one likes to receive bad news. Delivery method is everything. Make sure you think about how your going to talk about the increase. Again, make yourself some notes. Being direct and up front is the best approach. Follow it by stating how you came to this conclusion. Making everyone aware that you gathered the data, you calculated the numbers and that this information is based on solid evidence, and not just a guess. When you start talking actual numbers, try a tactic that starts with the percentage increase, versus the dollar amount. What sounds better 2 percent or $20? If you proceed with a small percentage number, then follow that with the actual dollar amount, people may be more apt to comprehend that the increase may not be such a big deal.
3
Empathize – This is a skill that a Community Manager must develop quickly and use often. Every day we use this skill to diffuse difficult situations. Presenting a budget may not be any different. Put yourself in your boards or owners’ shoes. They are not the only ones affected by the increased costs of goods and services. You can see that in your own personal budget. Remember to let them know that you are listening, and that you hear and acknowledge their concerns, but don’t let the situation get to out of hand either.
4
Take Charge – By detailing the facts and outlining the benefits of an increased assessment such as properly funded reserves, continued property maintenance services and increased property values you should be able to easily justify the increase to the community. Be sure to make your case clearly, concisely, and with out apologies. You didn’t create the need for an increase you’re just the messenger. If you sense the meeting getting out of hand, be sure to bring it back around to the facts and while acknowledging everyone’s feelings, you must remain firm and get the board to decide. Lastly, it’s always good to remind the Board of their fiduciary responsibility to do what is best for the community. Delivering bad news doesn’t have to be a bad thing. The correct delivery system can be accomplished through good organization and planning, knowing that the best approach when notifying the community is to be honest, followed with facts and being sympathetic to the owner’s concerns. All these steps should ensure your budget approval meeting goes smoothly.
5
Holly Smith, CMCA, AMS, has over 20 years of property management experience within Southern California and has been in HOA management the last 4 years. She currently works for Powerstone Property Management for the past 3 years and currently serves as the Chair of the Membership and Oktoberfest committees and is active in the Quorum and LSC Committees as well. She can be reached at (760) 797-7797 or hsmith@powerstonepm.com
CAI-CV.org
facebook.com/CAICV
@CAI-CV
23
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
CONTRACTORS LIC. #1010435
FULL SERVICE CONTRACTOR License # 473996
42-240 Green Way #B •Palm Desert, CA 92211
Your Local Go-To HOA Contractor INSURANCE SERVICES 24hr Emergency Service Mold Remediation Fire & Water Restoration Slab Leak Repairs
24/7
HOA SERVICES
• Wood Repair • Concrete Repair • Pool Deck Coatings • Club/Guard House
• Fence • Block Wall • Carport • Drywall & More!!!
www.VantagePointConstruction.com
Phone: (760) 340-5157 • Fax: (760) 340-2576
APRIL 2018
YOUR HOA CAN BE OUR NEXT COVER APRIL 201 8
Coachella Valley Co mm
unity Assoc
iations Ins titu
te Magaz ine
T NO COS
OUR TOERY Y COVE
EV TORY8. In HAS A S URSin!diPaanlmCrDeeesekrtVillas YO TELL US FEATUR ING
Reasonable Accom
modations
12 Beyo nd Board 101: Five Board Mem Topics HOA bers Sho uld Know 14 Reasona ble Acco mmodati Modifica ons and tions Und er Fair Hou 16 Caught sing Law In Between (New HUD 26 American Regs) s with Disa bilities Act in Reconstr (ADA) uction
Around The In Eighteen World Holes CAI-CV
25
2018 CAI-CV
Annual
Spring Golf Golf, Continen Tournament tal Breakfas Live Auction, t, Grand Prize Lunch, Door Prizes, Giveaway For All CAICV Members – First-tim e Golfers Welc ome
MUST BE CAI-CV MEMBER IN GOOD STANDING
CONTACT THE CAI-CV OFFICE
24
Quorum October, 2019
(760) 341-0559
admin@cai-cv.org
2019 PLATINUM SPONSOR SPOTLIGHT
CAI-CV
A
ssocia Desert Resort Management is a full-service management company specializing in resort lifestyle communities. From management and accounting services to developer consulting, maintenance, and association insurance, we’re proud to offer a wide range of services that are customizable just for you. Desert Resort Management has been in business in the Coachella Valley for more than 30 years, and we joined the Associa family of management companies in 2010. Our partnership with Associa has allowed us to serve our clients at an even higher level with world-class resources and robust technology. These resources, combined with our local expertise and personal service, have uniquely positioned us to accomplish community goals and maintain long-lasting relationships with our clients. Every community we work with gives us valuable feedback so we can continue to fulfill our mission of providing unsurpassed community management and lifestyle services. We always put people first and are proud of our relationships with our clients. We are also proud of our commitment to the satisfaction and well-being of our employees. It’s our priority to hire and retain the best people in our industry, and we have one of the lowest employee turnover rates in the Coachella Valley. We conduct regular team-building, social, educational, and physical fitness events for our staff, and we make sure they know how important they are. Our employees take ownership and go above and beyond what is expected each and every day. Participating in our community is important to us. This year, close to $500,000 has been distributed to assist families and communities recovering from disasters through Associa Cares, our 501(c)(3) charitable affiliate. Our employees have also contributed more than 2,000 hours of volunteer time supporting local organizations through our annual Great Giveback program. On September 27th we will be hosting our annual Associa Cares charity golf tournament at Palm Valley Country Club. This year, proceeds will benefit not only Associa Cares but also two important local charities, Animal Samaritans and The First Tee of the Coachella Valley. We are pleased to be a Platinum Sponsor for the Coachella Valley Chapter again. CAI is the best resource for educational, social, and networking programs for all community management professionals. We hope our continued support helps CAI carry on its important work. John Walters-Clark – CMCA®, AMS®, Director of Marketing & Business Development DESERT RESORT MANAGEMENT – An Associa® Company 42635 Melanie Place, Suite 103 Palm Desert, CA 92211 (760) 610-7696
Thank you to Associa Desert Resort Management for their generous support of CAI-CV! CAI-CV.org
facebook.com/CAICV
@CAI-CV
25
ABOUT CAI-CV
CAI-CV Election of Directors – Five Candidates Running for Four Director Positions
T
he Annual Election of Directors for the Coachella Valley Chapter of CAI has been scheduled for Tuesday, October 29, 2019, at 3:00 p.m., at the CAI-CV Chapter office, 75410 Gerald Ford Drive, Suite 102, Palm Desert, CA 92211. The election will be run by the third-party professional elections company, The Inspectors of Election, and ballots will be available online beginning September 30, 2019. Voting will continue until October 28, 2019. Each CAI-CV member will
receive one vote and receive one login ID and password. Ballots will be sent to the person on record with CAI’s National office. If you are a business partner who is on the CAI-CV local database but not on the CAI National database, please contact the CAI-CV office to find out where your company’s ballot information will be sent. There are four open seats for threeyear terms, from January 1, 2020 through December 31, 2023. We have five
I
INCUMBENT Michael Traidman (Homeowner Leader Member) CAI-CV President President Elect for 2020 Chairman, Desert Cities HOA Council Treasurer, Mira Vista at Mission Hills HOA 26
Quorum October, 2019
am currently serving as the President of CAI-CV and would like to be reelected to serve as a director for another three years. During 2019, we made enormous progress as a CAI chapter. We nearly doubled our membership and tripled the number of classes offered to our members. We have implemented many new programs to help elevate the HOA industry. Our 17 committees are functioning well, and surveys from our educational programs show that CAI-CV members are benefiting and grateful for the information and best practices they are receiving. Our sponsorships and advertising are at an all time high because our programs are well-attended, offering businesses a perfect setting for networking. As President, I have worked hard to make sure we add value for all three membership categories; managers, board members and businesses that support the HOA industry. It has been a great honor for CAI-CV to continue to be recognized by CAI National for our member services programs.
candidates running for the four seats. Each year, three or four board terms are completed, making these seats available for election. Board members may serve up to two three-year terms. This year, all four incumbent board members are completing their first term and are running for a second term. Candidates for Election to the CAI-CV Board of Directors
For my year as president, my motto has been “Leadership through education.” We are set to offer more than 250 hours of education for our members in 2020. In addition, I am leading an effort to help CAI chapters in California to become more strategic. Earlier this year, I restarted the monthly calls between the other seven chapter presidents, presidents-elect and executive directors to work on some important statewide initiatives. As a result, CAI National has agreed to develop a voluntary board member certification program for all
"EARLIER THIS YEAR, I RESTARTED THE MONTHLY CALLS BETWEEN THE OTHER SEVEN CHAPTER PRESIDENTS, PRESIDENTS-ELECT AND EXECUTIVE DIRECTORS TO WORK ON SOME IMPORTANT STATEWIDE INITIATIVES."
Welcome Aboard Newman & Associates CPA, PC By Susan Browne Rosenberg, CIH Welcome Aboard to Laura Hurtado, CCAM-PM, CMCA, AMS, Business Development and Client Services Director with Newman & Associates, CPA, PC. Newman & Associates services over 2000 associations in the Southwest and Pacific Laura Hurtado Northwest, performing audits and tax returns for associations ranging in size and complexity. Newman & Associates has over 20 years of experience providing audit, accounting and tax services in the homeowners’ association and real estate industries. Their experienced staff understand the uniqueness of this industry. Newman & Associates uses the latest technologies to safely and securely perform audits and prepare tax returns for its association clients. These efficiencies allow them to maximize client accessibility and provide timely information and services in a cost-effective manner. They have a proven, secure, cloud-based server with the ability for clients to transfer records electronically through a secure portal. Newman & Associates is led by Jeremy Newman, CPA. Jeremy is a former audit manager with Ernst & Young LLP, one of the Big 4 accounting firms, and former division CFO with a national homebuilder. He has a Bachelor of Science degree in Accountancy from San Diego State University. Laura can be reached at work at laura@hoacpa. com or by phone at: 844-560-7300 or by cell at 760-205-4688. Their Southwest main office is located in Carlsbad.
PWLC II, INC LANDCARE MANAGEMENT
PWLC II, INC. has been providing quality landscape and golf course maintenane for our clients in Southern California since 1977. Our Palm Springs office employs more than 100 landscape professionals. PWLC specializes in "High End Landscape and Golf Course Maintenance Services". In addition to our maintenance services, PWLC II, INC has a Commercial Tree Division and a Landscape Enhancement Division. We are fully licensed and insured with a $2 Million Liability Insurance. PWLC II, INC licenses include a C27 Landscape Contractors License, California Pest Control License and a "Certified Arborist" on staff. For more information please contact us at (760) 323-9341 or email conniea@pwlc2.com
Contractors Lic. # 235717
WESTERN PACIFIC Roofing Corporation
Since 1949
“Complete Roofing Services” Repairs • Re-roofing Roof Inspection • Maintenance Programs Polyurethane Foam • Built-up • Tile • Patios 3462 La Campana Way, Palm Springs, CA 92262 Phone (760) 416-5877 Fax (760) 320-8912 FIND US ONLINE AT www.westpacroof.com
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.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
27
ABOUT CAI-CV of California. In addition, CAI National has agreed to experiment with a statewide blog in California. We hope both projects will begin next year. In the meantime, we are having conference calls again with the other chapters and sharing best practices. We can get much more done as a coordinated group rather than individual chapters. We have also made great strides in raising our visibility as the authority on HOAs in the Valley. During 2019 CAI-CV affiliated with The Desert Cities HOA Council (DCHC) and are coordinating their good work with community board members with our efforts with the Homeowner Leader Committee. This affiliation will help CAI increase value for our homeowner leaders. In 2020, in addition to the monthly board training offered by CAI-CV, board members may also attend monthly meetings with DCHC in Cathedral City and Palm Springs. In addition to leading the board, I am serving on four CAI-CV committees, the Homeowner Leader Committee, Public Relations Committee, Awards Committee and the Strategic Planning Committee. It is a pleasure to work with our 150 plus volunteers. We are fortunate to have the assistance of so many talented people and businesses. I have served on my HOA board at Mira Vista for many years in several capacities including as its president. I currently serve as their treasurer. My participation on my own HOA board gives me firsthand knowledge about how education directly impacts a community’s ability to thrive. I am able to help my community utilizing the education I receive from CAI, and at the same time bring to CAI the benefit of the lessons learned from my work on our HOA board. This combination gives me a very good prospective. The current CAI-CV board has asked me to serve a second term as President of the Chapter. I would appreciate your vote so I can continue to serve all of you. Thank you. 28
Quorum October, 2019
"VOLUNTEERING IN AN ORGANIZATION THAT YOU BELIEVE IN MAKES ALL THE DIFFERENCE IN THE WORLD. IT WOULD BE AN HONOR TO CONTINUE TO SERVE THE CHAPTER IN A LEADERSHIP CAPACITY FOR ANOTHER TERM" - Loni Peterson, PCAM INCUMBENT Loni Peterson CCAM-LS®, CMCA®, AMS®, PCAM® (Manager Member) Chair of CAI-CV’s Awards Committee Board Liaison of CAI-CV’s Bowling Committee Co-Chair of CAI-CV’s Professional Managers Committee General Manager with Associa - Desert Resort Management
T
he Coachella Valley Chapter of CAI holds a special place in my heart, I have been a part of this chapter since 2007. I fell in love with CAI-CV because of the networking and comradery of the Chapter. In 2010, I became a Community Manager and served as Chair of the Country Western Roundup Committee. I proudly served on that committee until its final year. When I joined the CAI-CV board as a director, gladly increased my volunteerism, so I could give back to CAI-CV some of the benefits I have received personally and in my career. By serving on multiple committees, I have helped the Chapter grow and helped increase the education we offer managers and board members. I have particularly enjoyed building support for CAI’s California Legislative Action Committee
(CLAC) that works to protect the industry in Sacramento. Volunteering in an organization that you believe in makes all the difference in the world. It would be an honor to continue to serve the Chapter in a leadership capacity for another term. Over the years, I have developed and strengthened many bonds with members of the Chapter including business partners, managers and homeowner leaders. As a PCAM manager, I believe my insights and skills can be used to help CAI-CV to grow and support the Valley HOA industry. I am proud to work for Associa, a company that is equally committed to CAI. I became a CAI-CV Director to fill a vacancy. I would appreciate the opportunity to serve CAI-CV for another three years. If reelected, my focus and priority would be on growing our chapter membership, supporting our business partners with valuable opportunities for networking, and supporting homeowner leaders by reinforcing our commitment to educational programs. Understanding that “it takes a village,” I would encourage my fellow board members and committee Chairs to collaborate in supporting the sustainability of our chapter. At the core of our industry is education. Our commitment to education will ensure that managers and management firms support our efforts to elevate the industry. I look forward to having the opportunity to serve the membership of our chapter.
ABOUT CAI-CV
"I WAS ASKED TO JOIN THE QUORUM COMMITTEE IN 1994 AND SHORTLY THEREAFTER BECAME THE EDITOR OF THE NEWSLETTER, WHICH EVENTUALLY TRANSITIONED INTO THE FULL MAGAZINE YOU SEE TODAY."- Steven Shuey, PCAM
INCUMBENT Steven Shuey, PCAM, CCAM (Manager Member) Past President, CAI-CV Chair, CAI-CV’s Education Committee Co-Chair, CAI-CV’s Professional Managers Committee Board Liaison, CAI-CV’s Legislative Support Committee for CLAC National Faculty, CAI
O
perat ions Manager and Com mu n it y A ssoc iat ion Consultant, Personalized Property Management I am asking to be re-elected to the Chapter Board of Directors because I believe I can continue to provide "aged wisdom" to the board. I was appointed to replace a member who resigned earlier this year. I am a long-time member of the Coachella Valley Chapter having joined in 1978 as a manager member. In those days, if your management company or, as in my case, the developer was a member, then all its managers were automatically members. When CAI transitioned to individual membership I immediately joined and have remained an active member ever since. I was first
elected to the chapter board in 1996 and became president of the chapter in 2001 and continued to serve my term through 2002. I was elected to the CAI National’s Association of Professional Community Managers Board, now referred to as the Community Association Managers Council, where I served for 4 years. I Joined CAI’s National Faculty in 2010 and currently teach CAI’s Professional Management Development Program Courses M-100 and M-206 all over the country. I was asked to join the Quorum Committee in 1994 and shortly thereafter became the Editor of the newsletter, which eventually transitioned into the full magazine you see today. I have remained on the Quorum Committee ever since. I have served as a delegate to the California Legislative Action Committee (CLAC) and continue to serve on the Legislative Support Committee for the Chapter. I currently serve the chapter on the Education Committee (Chaired that committee in 2017 and 2019), the Professional Managers Committee, and the Homeowner Leader Committee. With my 33 years of maintenance and management experience on-site at Desert Island, followed by themost recent ten years as the Operations Manager and Community Association Consultant for Personalized Property Management, along with my years of CAI experience locally and nationally, I believe I can bring appropriate wisdom to the chapter board of directors as it propels into the future. Thank you for your support.
INCUMBENT Louise Stettler (Homeowner Leader Member) Member, Palm Valley Homeowners Association Board Liaison, Programs Committee
I
Board Liaison, Wine Tasting Committee
am excited to offer my service to CAI-CV for another three years. I became an active business partner member of CAI in the mid-nineties as the marketing director of a major Southern California law firm. I served on numerous committees in three CAI chapters. After retiring in the Coachella Valley, I stayed involved as a Homeowner Leader member through my association at Palm Valley Homeowners Association.
"I WAS HONORED TO SERVE AS PRESIDENT OF THE SAN DIEGO CHAPTER AND WAS GRATEFUL TO RECEIVE THEIR 'SAM DOLNICK LIFETIME ACHIEVEMENT AWARD.' A COUPLE YEARS AGO, I RECEIVED THE 'LIFETIME ACHIEVEMENT AWARD' FROM THE COACHELLA VALLEY CHAPTER." - Louise Stettler
CAI-CV.org
facebook.com/CAICV
@CAI-CV
29
ABOUT CAI-CV CAI has offered me enormous personal and professional growth. During my years serving on the boards of the CAI San Diego and Coachella Valley chapters, I have enjoyed helping them grow and prosper. I was honored to serve as President of the San Diego Chapter and was grateful to receive their “Sam Dolnick Lifetime Achievement Award.” A couple years ago, I received the “Lifetime Achievement Award” from the Coachella Valley Chapter. I have also had the privilege of chairing numerous CAI committees over the years. In all my years of experience with CAI, the past five years have been the most exciting as we transformed CAI-CV into a world-class organization that is devoted to educating its members and elevating the CID industry. We have won 16 national awards and have become a model chapter for the entire country. As we look to the future, CAI-CV has tremendous opportunity to influence the Coachella Valley. With 80 percent of local residents living in HOAs, the work we are doing improves the quality of life for the entire community. I look forward to serving as a CAI-CV Director for another three years.
Holly Smith, CMCA, AMS (Manager Member) Chair, Membership Committee Chair, Oktoberfest Committee
C
Community Manager, Powerstone Property Management
AI can mean so many things to so many people. For me it’s Creating an Industry. When I first came to CAI, I had been a part of many other professional organizations, but nothing prepared me for how much the people of CAI work together. In my 20 years in the property management field, I have never seen such a dedication to enhance education and industry awareness.
30
Quorum October, 2019
As a Portfolio Manager with Powerstone Property Management, I have the privilege of assisting communities in their day to day management as well as planning their futures. The tools that I have received as a member of CAI have been invaluable to me in being a leader to my communities. As such I hold my CMCA and AMS designations. My experience contains various leadership roles that have given me a well-rounded professional background where I can look at things from different perspectives to keep things fresh and innovative. I feel that it’s important to give back to an organization that has provided me so much in my career. Not only the education but the opportunity to network with so many wonderful industry professionals. As such I have also been a very active leader of CAI as chair of the Membership and Oktoberfest Committees, as well as participating on the Legislative and Quorum Groups. I want to take my commitment to the next level, and I ask for your vote to be on the CAI-CV Board of Directors for 2020. As a board member my focus will be for the continued education of our Managers, Homeowner Leaders and our Business Partners. Expanding our visibility in the community to not just grow our membership but broaden our Business Partner network to include many types of businesses that may not already be represented. Our industry can change so drastically over a years’ time and these issues drastically change how a manager performs their job, how they communicate to their Board members, and how the Board delivers and reacts with their Homeowners. Being on the CA-CV Board means that I can be one of those people that can help our members navigate through these changes. A vote for me is a vote for your voice. I know the importance of wanting my opinions heard, and I want to be the person who will listen to the needs of our members and act upon those needs. I will be the person who will always broaden their perspective to look clearly at each side and be sure that all members are represented in my actions. I thank you for your consideration of my candidacy.
"AS A BOARD MEMBER MY FOCUS WILL BE FOR THE CONTINUED EDUCATION OF OUR MANAGERS, HOMEOWNER LEADERS AND OUR BUSINESS PARTNERS. EXPANDING OUR VISIBILITY IN THE COMMUNITY TO NOT JUST TO GROW OUR MEMBERSHIP BUT BROADEN OUR BUSINESS PARTNER NETWORK TO INCLUDE MANY TYPES OF BUSINESSES THAT MAY NOT ALREADY BE REPRESENTED." - Holly Smith, CMCA, AMS
Call Us Today: 888-211-5332 We make every vote count!
Complete Election Administration for Community Associations With our long-standing expertise, in-house capabilities and trained staff and inspectors, we provide associations the most efficient and professional election service available.
Request a Quote Today: www.theinspectorsofelection.com
Upcoming Educational Lunch Program & Mini Trade Shows Servant Leadership in Your Community
Earthquake Preparedness – Is Your Community Ready?
WHEN: Friday, October 11, 2019 11:15 a.m. – 1:15 p.m NEW DATE
WHEN: Friday, December 13, 2019 11:15 a.m. – 1:15 p.m. NEW PROGRAM
WHERE: Palm Valley Country Club Palm Desert TOPICS: Board Member Retention & Recruiting SPEAKER: Robert A. Felix, CMCA, LSM, PCAM, RS President, Verity Property Management Owner, The Felix Reserve Group
WHERE: Palm Valley Country Club Palm Desert TOPICS: Board Member Retention & Recruiting SPEAKERS: Jason Ballmann USC's Southern California Earthquake Center Tom Niehaus Palm Valley Country Club HOA Greg Papazian City of Palm Desert
Register Online at CAI-CV.ORG Mini Trade Show Sponsor Booths Available Online CAI-CV.org
facebook.com/CAICV
@CAI-CV
31
FEATURE
Palm Springs Villas II Homeowners Association v. Erna Parth By Margaret G. "Gen" Wangler, Esq., CCAL
89 years old, had no formal training to serve on a board of directors and did not have an extensive business background. The court also noted that the Association had professional management and legal counsel the entire time she served on the Board. Expert testimony for both the Association and Ms. Parth indicated that it was "custom and practice" for boards to rely on professional management, in particular managers holding professional designations, for advice on issues such as whether the Board was in violation of the governing documents, or whether a legal opinion should be sought. The managers assigned to the Association during the relevant time period all held CCAM designations.
WHAT MANAGERS AND BOARD MEMBERS CAN LEARN FROM THE PARTH DECISION
I
n 2016, the California Court of Appeal released its opinion in Palm Springs Villas II Homeowners Association v. Erna Parth. The allegations against Association president Parth were that she took a variety of unilateral and/or unauthorized actions, including signing contracts, hiring an unlicensed contractor, signing promissory notes, and terminating the management company, without the requisite Board or Association membership approvals. One of the allegedly unapproved contracts was with a private patrol vendor. That vendor sued the Association for non-payment. The Association filed a breach of fiduciary duty cross-complaint against Parth, which led to the 2016 Court of Appeal opinion. The issue addressed by the Court of Appeal was whether or not Parth was entitled to the defense of the Business Judgment Rule. The Business Judgment Rule is a doctrine that can protect a board member from liability from errors of judgment. For the doctrine to apply, the court must find that the director was: (1) disinterested and independent; (2) acting in good faith; and (3) reasonably diligent in informing himself of the facts. The trial court ruled that Parth was entitled to the defense, but the Court of Appeal found that there were factual issues as to whether Parth was entitled to the protections of the Business Judgment Rule, and reversed the trial court. A 25-day court trial followed before Judge James Latting. Judge Latting ruled in favor of Ms. Parth, noting that she was
32
Quorum October, 2019
The court found that the Association did not present sufficient evidence to support the allegations that Ms. Parth acted unilaterally and without approval. There was no evidence that the managers objected to Parth's actions, recommended obtaining a legal opinion or otherwise suggested that Parth was acting in excess of her authority or contrary to industry practices; Parth did not unilaterally hire a roofing contractor and was instead one of five directors who made that decision; she relied on management to review and approve invoices for the work, as required by the management contract. Similarly, Ms. Parth did not unilaterally sign loan documents; the loans were approved by the Board, and there was no evidence that management advised that a vote of the members was required or that legal counsel should review the loan documents or contracts.
Based on the evidence presented, Judge Latting concluded Ms. Parth did not act in bad faith, or in her own self-interest, and found that she was protected by the Business Judgment Rule. The association is appealing the judgment to the California Court of Appeal.
THE TRIAL COURT’S DECISION HAS NO PRECEDENTIAL VALUE. HOWEVER, THERE ARE LESSONS TO BE LEARNED FROM THE COURT'S RULING. THE FOLLOWING ARE SOME "TAKEAWAYS" FROM THE COURT'S RULING:
1. Managers, especially managers with professional designations, are held to a high standard and directors are entitled to reasonably rely on the manager.
2. Management contracts may obligate the manager to perform certain tasks, such as assisting with enforcement or having contracts reviewed. So board members and managers must know the manager's duties under the contract.
3. Board members should protect themselves by requiring that the manager perform due diligence investigations before approving contracts or loans.
4. When appropriate, managers should provide advice, including recommendations to consult with experts. Managers are the "issue spotters" for the board, and should speak up when an expert opinion should be obtained for the board to make an informed decision.
5. Documentation of decisions is vital, as is reciting the reasons for decisions, e.g., obtained references, reviewed legal or other expert opinions.
6. Take care when drafting meeting minutes and resolutions. Courts will review these documents carefully if decisions are challenged. Motions should be clearly stated, as well as the votes on the motions.
7. Avoid "ratifying" prior actions; ratify only when absolutely necessary, e.g., emergencies.
8. Managers should remind board members that all discussions and deliberations concerning association business should be done in properly noticed board meetings, e.g., no email discussions.
9. If a board member is "rogue," the other board members have a duty to take action; each director has a duty to participate in decision making. Margaret G. "Gen" Wangler, Esq., CCAL, is a senior shareholder with the law firm of Fiore Racobs & Powers, A PLC. Ms. Wangler can be reached at 760-776-6511 or by email at gwangler@fiorelaw.com.
Time Honored Cassie Gertz, CMCA, AMS By Grace Paluck, CamEx, CCAM Cassie Gertz is an onsite manager for PGA WEST Fairways Association which is professionally managed by The Management Trust. She is working towards her PCAM designation and currently holds both CAI's AMS and CMCA designations. Cassie Gertz Cassie started in 2008 as an Assistant Manager on 14 properties with eight different portfolio managers. As time went on she proved to be a natural to the industry. She moved on to onsite operations at PGA WEST Fairways in 2011. She’s been the General Manager for the PGA WEST Fairways Association in La Quinta for the last four years. In her words, “I am lucky enough to work for a company that has afforded me many opportunities to grow and evolve as a professional.” Cassie is the proud mother of an eightmonth-old daughter so there’s not much leisure time. She does find time, with her husband, to enjoy their hobbies of gardening, camping and traveling with their tiny human in tow. She also has two French Bulldog fur babies that provide for entertainment. When asked about her mentors, Cassie said “I’ve had many mentors over the course of my career (even if they didn’t know it!). There have been many people that have instilled their faith and knowledge upon me and I’ve done my very best to make them proud. Feedback and mentorship is such a gift and I hope to pass it along throughout my career.” Her favorite saying? “If it’s your job to eat a frog, it’s best to do it first thing in the morning. And, if it’s your job to eat two frogs, its best to eat the biggest one first.” Grace Paluck is the Division Executive Vice President for The Management Trust. She can be reached at (760) 776-5100 or by email at grace.paluck@managementtrust.com. CAI-CV.org
facebook.com/CAICV
@CAI-CV
33
Our Services:
• Asphalt Repair, Patching & Crack Seal • Asphalt Removal & Replacement • All types of Slurry Seals, Pavement Coatings & Striping • ADA Compliance
amspaving.com License #415436
CREATIVE | BRAND | CONSULTING Proud to be a part of the 2018 award winning CAI-CV team!
(714) 293-3749 BissellDesign.com 34
Quorum October, 2019
2019 PLATINUM SPONSOR SPOTLIGHT
W
estern Pacific Roofing Corp has a long and well-established history of providing the best in quality workmanship and service to our customers throughout all of Coachella Valley. As a full-service roofing company, Western Pacific is committed to providing the best in quality roofing systems at the most competitive prices. We strive to establish long-term relationships with our clients and their projects. Much of our success is a direct result of Property Managers, Homeowners Associations, Home Builders and Individual Homeowners that believe in retaining the services of a quality roofing company providing value and experience instead of just low pricing. Western Pacific is an approved applicator for all major roofing manufacturers. Your roof is a major investment and you will rely on it to protect your property for many years to come. The qualities you expect from your roofing company include the best service, workmanship, product reliability, experience and longevity. Your roof and your roof warranty is only as good as the company behind it. • Western Pacific Roofing is recognized and awarded for excellence as a professional roofing contractor. Our company serves the Western states from four California locations. • Founding Member of Roof Connect, a national roofing service company that provides lead and maintenance services 24/7 from over 120 locations nationwide. • Approved applicator of every major manufacture of roofing and waterproofing products. • Reputation for quality roofing service & expert workmanship that is second to none. • Serving the roofing industry for over half a century with proven financial strength. • Western Pacific Continues to provide the very best in experienced roofing throughout the Coachella Valley and our long-established Palm Springs team is expanding that tradition.
CAI-CV
Visit our website: www.westpacroof.com OUR SERVICE Western Pacific has the most comprehensive repair and maintenance division in the Desert. Our Service Order fax line, combined with our response time, can be effective in controlling interior damage caused by roof leaks as well as providing peace of mind for our Property Managers and HOA’s. Our goal is to efficiently maximize the serviceable life of the existing roofing systems on each project through planned maintenance. Our maintenance programs are designed on an individual basis to meet specific needs of each project. Please feel free to contact us at (760) 416-5877. Service Fax (760) 320-8912. Service Email: Linda@westpacroof.com
OUR STAFF Linda Johnson............. Service Manager Jack Power.................... Senior Sales / Project Manager Raymond Tingzon....... Production Manager Kyle Filburn.................. Sales, Estimating, Service Jessica Salinas.............. Assistant to Project Managers Richard Brunelle.......... General Manager
Western Pacific values its relationships with our customers and the communities we serve. An important part of our company mission is to be good business citizens in our community – to serve that goal Western Pacific has always been an active partner and supporter of the many good causes in our Coachella Valley. We have contributed to and sponsored many events over the years, and will continue to do so. Western Pacific is an active participant in CAI and works to support its activities and events.
WESTERN PACIFIC ROOFING CORP- THE BEST CHOICE FOR ALL YOUR ROOFING NEEDS.
Thank you to Western Pacific Roofing Corp. for their generous support of CAI-CV! CAI-CV.org
facebook.com/CAICV
@CAI-CV
35
WATER WISE
New Reservoir Would Benefit the Coachella Valley By Coachella Valley Water District
A
n upgrade to California’s water storage infrastructure is Sites Reservoir will be operated to improve water supply long overdue. More frequent, intense rain storms, less system resilience to fluctuations in weather. Much of the snowpack, and longer, more intense stretches of drought make it rainfall from extreme events – especially those that occur harder for the existing system to capture water for use in drier back-to-back when the ground is saturated – runs off before years. A portfolio of diverse actions must be taken to improve it can be captured for environmental, urban and agriculwater supply resiliency while at the same time protecting tural benefits. Sites Reservoir will increase the resiliency of the environment. For these reasons, water supplies because it will not Coachella Valley Water District rely on spring snowmelt for filling, (CVWD) as a State Water Project as is the case with other northern "THIS RESERVOIR WOULD contractor supports building Sites California reservoirs. In fact, Sites CAPTURE AND STORE Reservoir, which will be operated Reservoir will increase Northern STORMRELATED WATER AND to provide significantly more water California’s surface storage capacEXCESS FLOOD FLOWS FROM during drier periods, complementity in the Sacramento Valley by 15 ing other drought-management percent, which will become a critiTHE SACRAMENTO RIVER, tools in addressing California's cal resource to manage through the AFTER ALL OTHER WATER water management challenges into next drought. RIGHTS AND REGULATORY the 21st century and beyond. Sites Reservoir will also provide REQUIREMENTS ARE MET." Strategically located in Colusa critical environmental benefits that and Glenn Counties 10 miles west of do not currently exist in the system, the town of Maxwell, Sites Reservoir but are needed to help aquatic will be a 1.8 million acre-foot, off-river storage facility. This species and habitat withstand drier years. Nearly half of the reservoir would capture and store storm related water and project’s annual water supplies will be dedicated to environexcess flood flows from the Sacramento River, after all other mental needs and managed by state and federal agencies. water rights and regulatory requirements are met. Sites Reservoir will store water to release for the environment
36
Quorum October, 2019
during drier years when water is scarce, improving water quality and reliability in the Delta by releasing nutrient-rich water and improve conditions for Delta smelt and other species. Sites Reservoir will also benefit the local and regional economy in a portion of California that continues to struggle economically. It will create hundreds of
"THE SITES PROJECT AUTHORITY WILL CONTINUE WORKING WITH ITS CURRENT PARTNERS AND IS SEEKING ADDITIONAL PARTNERS TO PARTICIPATE IN THE PROJECT."
construction-related jobs during each year of the seven-year construction period and nearly 60 long-term jobs related to operations and recreation. Additionally, it will help to protect the thousands of regional and statewide jobs for workers in rural and urban communities whose livelihoods are tied to our state’s vibrant agricultural economy. As 2019 unfolds, Sites will advance the project’s permitting and environmental review as it continues development of the project engineering design and operational parameters. The Sites Project Authority will continue working with its current partners and is seeking additional partners to participate in the project. Sites Reservoir is a 21st century solution to some of California’s toughest water supply challenges. The time is right to build on this momentum and growing support to ensure Sites Reservoir gets across the finish line before the next drought. For more information, please visit www.sitesproject.org. CAI-CV.org
facebook.com/CAICV
@CAI-CV
37
Licenses #664779
Asphalt Concrete Seal Coating Striping ADA Compliance Grinding & Pulverizing
NPGASPHALT.COM So-Cal: 951.940.0200 Desert Division: 760.320.9600 Proud Members of: BIA,BOMA,CAI,IREM,CACM,CREW
Community security to network security: HOA protection and IT solutions. The world is changing. From electronic security systems that protect your community and residents to advanced IT environment solutions, get ironclad protection. As industry leaders, we’ve forged two decades of trusted relationships. Providing integrated, technology enabled services from a single source, we safeguard everything from perimeter walls to firewalls. So whether it’s your community or your IT network, we’ve got your back. Always.
For more, go to amsconnectme.com or call 760.341.3593. We’ll get you protected and connected. You’ll see. 38
Quorum October, 2019
License #0E02075
•Landscape Management •Arbor Service •Landscape Design •Landscape & Hardscape Installation •Water Conservation Specialist •Growers of Exotic Palms & Desert Accents
We value and respect your landscaping investment and are dedicated to you and your satisfaction.
Phone: 760- 343-0162 • Fax: 760-343-4804 P.O. BOX 265 Thousand Palms CA 92276 Email: office@proland-inc.com
www.prolandscapingca.com
SPECIALIZING IN COMMUNITY ASSOCIATION INSURANCE Matthew Lawton (760) 770-5868 ext.302 CIC, CIRMS Matt@PrendivilleAgency.com
www.HOAville.com 71687 Highway 111, Suite 203, Rancho Mirage, CA 92270
GURALNICK & GILLILAND _________________________________________________________________________________________________
• Corporate Counsel •
CA LIC. #907600 AZ LIC. #286198
www.brsroofing.com
• Legal Opinions
• Assessment Lien and Foreclosure
• • Fees Paid by Delinquent Homeowner • Detailed Monthly Status Reports
40004 Cook St. Suite 3 Palm Desert, Ca www.gghoalaw.com Phone: (760) 340-1515 Fax: (760) 568-3053 For a Copy of our Legal Update Contact Melissap@gghoalaw.com CAI-CV.org
facebook.com/CAICV
@CAI-CV
39
PRESORTED STD US POSTAGE
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 OCTOBER
MARK YOUR CALENDARS
CAI’s Management Company CEO Retreat (for management company CEOs)
WHEN: Wednesday-Saturday, October 2-5, 2019 W HERE: La Quinta Resort & Spa CAI-CV’s Manager on the Run (MOTR) (for managers) WHEN: Friday, October 4, 2019 W HERE: CAI-CV Classroom CAI-CV’s Board Basic Training (for board members) WHEN: Tuesday, October 8, 2019 W HERE: CAI-CV Classroom CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members) WHEN: Friday, October 11, 2019, NEW DATE! 11:15 a.m. Registration W HERE: Palm Valley Country Club, Palm Desert GUEST SPEAKER: Rob Felix, CMCA, LSM, PCAM, RS
CAI’s CA CID Law Course (for all members) WHEN: Thursday, October 17, 2019 W HERE: Newport Beach Marriott
Friday, November 15, 2019 – CAI’S LEGISLATIVE UPDATE
CAI’s CLAC Fundraiser (for all members) WHEN: Thursday, October 17, 2019 W HERE: Newport Beach Marriott
Friday, January 17, 2020 CAI-CV’s Atlantis Awards & Monte Carlo Night NEW DATE
Friday, December 13, 2019 - NEW PROGRAM Lunch - Earthquake Preparedness, PVCC, 11:15 a.m.
CAI’s Statewide Legal Forum (for all members) WHEN: Friday, October 18, 2019 W HERE: Newport Beach Marriott CAI-CV’s Annual Oktoberfest Celebration (for all members) WHEN: Friday, October 25, 2019 W HERE: Sunshine Landscape, Thousand Palms THEME: Spooktoberfest! CAI-CV’s Annual Meeting & Election (for all members) WHEN: Tuesday, October 29, 2019 W HERE: CAI-CV Classroom
2019 CORPORATE SPONSORS PLATINUM______
AMS Paving, Inc. Asphalt MD's Associa Desert Resort Management Bissell Designs BRS Roofing Inc. Cartwright Termite & Pest Control Conserve LandCare Fiore Racobs & Powers NPG Asphalt Pacific Western Bank Prendiville Insurance Agency Roof Asset Management Sign-A-Rama Sunshine Landscape Vantage Point Construction, Inc. Western Pacific Roofing
GOLD________
Allied Universal AMS Connect Automation Pride Diversified Asphalt Products EmpireWorks Reconstruction and Painting Epsten Grinnell & Howell, APC Flood Response Green Bryant & French, LLP O'Connell Landscape Maintenance Pro Landscaping, Inc. PWLC II, Inc. Sherwin-Williams Paint Company Vintage Associates, Inc.
SILVER________ Advanced Reserve Solutions Alliance Association Bank Animal Pest Management Services, Inc. Ben's Asphalt & Seal Coating Dunn-Edwards Corporation Flanders Painting Frazier Pest Control, Inc. Horizon Lighting Inc. Mutual of Omaha Bank/ CondoCerts Nissho of California, Inc. Patrol Masters, Inc. Powerful Pest Management Roseman Law, APC SCT Reserve Consultants, Inc. Seacoast Commerce Bank Securitas Security Services, USA, Inc. Sustainable Water Solutions Three Phase Electric Tinnelly Law Group
BRONZE______ Adams Stirling. PLC Alan Smith Pool Plastering Albert Management Inc. A-Rising Builders Brabo & Carlsen, LLP C. L. Sigler & Associates Cooper Coatings INC Delphi Law Group, LLP DSI Security Services First Foundation Bank FirstService Residential Guralnick & Gilliland, LLP
LaBarre/Oksnee Insurance Agency, Inc. Liftmaster Patio Shoppers, Inc. Powerstone Property Management S. B. S. Lien Services Servpro of Palm Desert Shetler Security Services SunTech Consulting and Roofing The Management Trust Union Bank United Paving Co. Vista Paint Corporation
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.