JUNE 2020
JUNE 2020
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ACHIEVEMENT AWARD
ACHIEVEMENT AWARD
ACHIEVEMENT AWARD
Member Services Homeowner Leader Education & Membership Initiative
Chapter Management & Development Strategic Planning Initiative
Leadership Business Partner Mentoring Project
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ACHIEVEMENT AWARD
ACHIEVEMENT AWARD
Public Affairs Buck-A-Door Grassroots Initiative
Member Services Community Association Board Recruitment
C A I N AT I O N A L A C H I E V E M E N T A N D E X C E L L E N C E AWA R D S
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EXCELLENCE AWARD
EXCELLENCE AWARD
EXCELLENCE AWARD
Public Affairs
Membership
Chapter Management & Development
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EXCELLENCE AWARD
EXCELLENCE AWARD
Member Services
Leadership
CAI National will be celebrating your accomplishments on stage at the 2021 Annual Conference in Las Vegas.
CAI-CV Wins TEN National Awards 16 CAI Business Partners and Management Companies are Trusted Professional Advisors 30 Important Links to Help You Manage Through COVID-19 32 What Construction or Maintenance is Allowed During the COVID-19 Crisis? 34 Restart Water Systems Safely After COVID-19 Closures 35 Reducing COVID-19 Liability 36 Resolving HOA Neighbor-Neighbor Disputes in the Age of Coronavirus 38 COVID-19: The Added Uncertainty of Insurance 39 CAI National – A Source of Nationwide HOA Resources on COVID-19 40 Comfort in the New Way of Life for the HOA 42 Landscape Maintenance in the COVID-19 Era 43 Novel Coronavirus COVID-19 Testing Centers 44 Opening Amenities With the Assistance of Security 48 Should Associations Open Their Pools? 50 Riverside County Guidance on Shared Pools in Response to Coronavirus
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Quorum June, 2020
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Opinion Letters
C.L. SIGLER & ASSOCIATES INC....................................2
Contract Drafting and Negotiation
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CONSTRUCTION
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Quorum June, 2020
CONTENTS 2020 QUORUM COMMITTEE MEMBERS JENNIFER JAMES, ESQ., CHAIR
CAI-CV
EDUCATED BUSINESS PARTNER
A BUCK-A-
Green Bryant & French, LLP
CAI-CV
EDUCATED BUSINESS PARTNER
DOOR
HELPS PRO
RODNEY BISSELL, CO-CHAIR
TECT HOA H
Bissell Design Studios, Inc.
OME VALUE
GEN WANGLER, ESQ., CCAL, BOARD LIAISON
WORKING
TOGETH
ER: CAI's Califo rnia Legis lative Action Co mmittee an d 50,000 Commun ity Associa tions
KIMBERLY BURNETT
CAI-CV
EDUCATED BUSINESS PARTNER
S
DSI Security Services
DIANE CARMONY
Coachella Valley Water District
SIERRA CARR, CMCA
Associa Desert Resort Management
DEA FRANCK, ESQ.
CAI-CV
EDUCATED BUSINESS PARTNER
Epsten, APC
JAY JARVIS, CMCA, CCAM
2019 ADVERTISING SPONSORSHIP PLAN&
Portola Palms Homeowners Association
BRUCE LATTA, CMCA Parc La Quinta HOA
GLENN A. MILLER, CGCS
COMMUN
Southwest Landscape & Maintenance, LLC
GRACE PALUCK, CMCA
ITY ASSO CIAT COACHELL IONS INSTITUTE A VALLEY CHAPTER
Who M e?
SERVE O N A HOA BOARD?
10
The Management Trust Desert Division
MARILYN RAMOS
Guralnick & Gilliland, LLP
MIKE REY
CAI-CV
EDUCATED BUSINESS PARTNER
Rey Insurance Services A FARMERS® Insurance Agency
STEVEN SHUEY, PCAM
Personalized Property Management
CHRIS SIGLER, B.S.C.E, CDT
President, C.L. Sigler & Associates, Inc.
HOLLY SMITH, CMCA, AMS
Associa Desert Resort Management CREATIVE DIRECTOR & GRAPHIC DESIGNER CAI-CV
EDUCATED BUSINESS PARTNER
RODNEY BISSELL Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749
ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION admin@cai-cv.org
SUBSCRIBER SERVICES
The Coachella Valley Quorum Magazine is a publication expressly prepared for association leaders, managers and related business professionals of the Community Associations Institute. Members are encouraged to submit articles for publishing consideration. All articles accepted for publication in Quorum are subject to editing and rewriting by the Quorum Committee. 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.
TO BE A 2019 HERE ARE THE CORPORATE SPONSOR, DATES TO REME MBER
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n
FEATURES 10
PORATE SPONS
OR AND BE LIS
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V’S APP’S QU
ICK LIST
CAI-CV Wins TEN National Awards By Cal Lockett
16
CAI Business Partners and Management Companies are Trusted Professional Advisors
30 Important Links to Help You Manage Through COVID-19 By Marilyn Ramos
36 Resolving HOA Neighbor-Neighbor Disputes in the Age of Coronavirus By Dick Lutringer
43 Novel Coronavirus COVID-19 Testing Centers 50 Riverside County Joint Information Center Guidance on Shared Pools in Response to Coronavirus CAI-CV.org
facebook.com/CAICV
@CAI-CV
5
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10 Indio Springs (Happy Wan RV Resort derer) 20 CAI Cor onavirus Statement 26 Materia ls - Good, Better, Bes 40 How t…. to Prepare for SB323
MUST BE CAI-CV MEMBER IN GOOD STANDING
CONTACT THE CAI-CV OFFICE
6
Quorum June, 2020
(760) 341-0559
admin@cai-cv.org
Micha Ballesteros, Cartwright Termite & Pest Control, Inc. Roxi K. Bardwell, Advanced Reserve Solutions, Inc. 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. Todd Chism, PatioShoppers Tiffany Christian, Epsten, APC Angel Christina, Delphi Law Group, LLP Lori Fahnestock, Powerful Pest Management Dea Franck, Esq., Epsten, APC Julie Frazier, Frazier Pest Control, Inc. Elaine Gower, The Naumann Law Firm, PC Michael Graves, SCT Reserve Consultants Amanda Gray, Harvest Landscape, Inc. 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, CIRMS, 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 DeNichilo LLP Chet Oshiro, EmpireWorks Mallory Paproth, SCT Reserve Consultants Elisa Perez, Esq., Epsten, APC Jay Powell, Ben's Asphalt Dana Pride, Automation Pride Mike Rey, Rey Insurance Services Kelly Richardson, Esq., Richardson Ober DeNichilo LLP Brent Sherman, Animal Pest Management Services, Inc. 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.
CONTENTS
CHAPTER NEWS 2020 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 CAI-CV
EDUCATED BUSINESS PARTNER
CAI-CV
EDUCATED BUSINESS PARTNER
JOLEN ZEROSKI, CMCA TREASURER Union Bank
DEA FRANCK, ESQ. SECRETARY Epsten, APC
CARDINAL AMBROSE, CMCA, AMS, PCAM DIRECTOR
Associa Desert Resort Management CAI-CV
EDUCATED BUSINESS PARTNER
MICHA BALLESTEROS DIRECTOR
Cartwright Termite & Pest Control, Inc.
RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR RealManage
LONI PETERSON, CMCA, AMS, PCAM DIRECTOR
Associa Desert Resort Management
6 CAI-CV Educated Business Partners 7 CAI-CV Board Approves Revised Mission Statement 9 CAI-CV New & Renewing Members 27 2020 Titanium Sponsor Spotlight
CAI-CV BOARD APPROVES REVISED MISSION STATEMENT
28 CAI-CV APP – Easy Access to CAI-CV Corporate Sponsors 51 Meet the Board
The mission of the Community Association's Institute—Coachella Valley Chapter is to be the authoritative source for HOA education, leadership development, and networking, providing HOA boards, managers and supporting businesses the tools they need to foster BETTER HOA LIVING.
29 CAI-CV LIVE! Educational Lunch Program & Mini Trade Show
LOUISE STETTLER DIRECTOR
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.
39 CAI-National
8 President’s Message 32 Maintenance & Reconstruction
Executive Director clockett@cai-cv.org
Friday, June 19, 2020
29 May 15th Educational Lunch Program & Mini Trade Show Sponsors 56 CAI-CV Upcoming events
DEPARTMENTS
Personalized Property Management
CAL LOCKETT
Board Member Dea Franck, Esq. By Jay Jarvis, CMCA, CCAM
EVENTS
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
NEW MISSION STATEMENT
Vantage Point Construction
56 2020 Corporate Sponsors
STEVEN SHUEY, PCAM DIRECTOR
Palm Desert Greens Country Club HOA
At their meeting on Tuesday, May 26, 2020, the CAI-CV Board of Directors approved revisions to the Chapter’s mission statement to reflect input from its strategic planning process completed earlier this year.
What Construction or Maintenance is Allowed During the COVID-19 Crisis? By Chris Sigler, B.S.C.E., CDT
34 Water Wise
Restart Water Systems Safely After COVID-19 Closures By Coachella Valley Water District
CAI National – A Source of Nationwide HOA Resources on COVID-19
40 Manager's Perspective
Comfort in the New Way of Life for the HOA By Steven Shuey, PCAM
42 Landscaping
Landscape Maintenance in the COVID-19 Era By Glenn A. Miller, CGCS
HOA Law 35 Reducing COVID-19 Liability
44 Security
48
By Adrian J. Adams, Esq. Should Associations Open Their Pools? By Jennifer James, Esq.
38 Insurance
Opening Amenities With the Assistance of Security By Kimberly Burnett
46 About CAI-CV
COVID-19: The Added Uncertainty of Insurance By Patrick Prendiville
Understanding Virtual Meetings & Webex By Jay Jarvis, CMCA, CCAM
52 Pools
CAI-CV.org
10 Summertime Water Safety Tips By Mark Feldstein
facebook.com/CAICV
@CAI-CV
7
FROM THE CHAPTER
President’s Message Mike Traidman Mira Vista at Mission Hills HOA
As we go to print, reopening our communities is underway even as COVID cases continue to rise in the Valley. The COVID-19 crisis has raised many challenges for HOAs but among the highest concerns for HOA leaders as we reopen is how do we minimize potential infections among residents and how do we limit our potential liability. You may be getting tired of hearing this advice, but it remains critically important. HOA boards should rely on professional advisors for every step of reopening. Professional advisors include professional community association managers, licensed business partners and your attorney. It is no longer enough to say you are relying on experts, your decisions, specifying the experts you relied on, should be recorded in your minutes. These extra steps may protect your HOA well into the future. These suggestions are not new; they have always been a best practice. COVID-19 has given us all an extra incentive to implement these safeguards. Additionally, HOA leaders are responsible for monitoring the laws and governmental guidance, which is changing daily. Please see page 30 for links to governmental resources. CAI-CV and CAI National are offering numerous educational sessions to keep you informed. Staying informed and engaged will help protect your communities. On Friday, May 15th, the Chapter held its first virtual Educational Lunch Program and Mini Trade Show. The virtual trade show was excellent. Thank you to all our talented sponsors who provided commercials on their “essential” businesses. The COVID-19 update was presented by guest speakers Julie Balbini, Esq. (Fiore Racobs & Powers, A PLC), Gloria Kirkwood, PCAM (Associa Desert Resort Management) and City Attorney Steven Quintanilla, Esq. (Law Offices of Quintanilla & Associates). Thanks to all of you and our Programs Committee for an informative program. Our next virtual Educational Lunch Program and Mini Trade Show will be held via Webex on Friday, June 19th. The program will provide an update on COVID-19, focusing on reopening issues, HOA insurance, and ways to reopen while minimizing risks. On Tuesday, June 2nd, CAI-CV will host a Webex Board Member Workshop entitled “Board Members & Professional Management - Who Does What?” Our guest speakers will be Cang Le, Esq. (Anguis & Terry, LLP - Southern California) and Michelle Lopez, CMCA, AMS (Powerstone Property Management). The Education Committee is sponsoring a Webex Manager on the Run program on Friday, June 5th. The program will be focused on Energy Savings for HOAs and the guest speakers will be Mark Berry and Khal Butler (Night Dog Energy Management). The CAI-CV Spring Golf Tournament has been postponed until Friday, December 4th and will take on a new holiday theme. The tournament will be at Desert Princess Country Club. Please see other calendar updates on page 56 and make sure to double check on the CAI-CV website for COVID-19 related event changes. We hope you find the many tips and links in this issue of Quorum helpful as you reopen your communities. The work of HOAs must go on. We have a fiduciary duty to continue to maintain, operate and enhance our communities. In our litigious society, particularly in these uncertain times, HOA boards should pay special attention to the needs of their communities. Even if you have experts on your board, using (and documenting) the advice of professional advisors can protect your community now and in the future. CAI-CV business partners and management companies are trusted advisors who have taken the time to learn HOA laws and requirements. You can access professional advisors online via the CAI-CV APP (see page 28) available at the Apple or Google stores, at www.cai-cv.org, or caionline.org. Please continue to take the coronavirus orders and guidance seriously. Our prayers and best wishes are with you and your communities. Stay healthy and stay connected to CAI-CV.
Mike Traidman
Mike Traidman, Mira Vista at Mission Hills HOA
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Quorum June, 2020
CAI-CV NEW & RENEWING MEMBERS NEW BUSINESS PARTNER WCA, INC. Isaac Garza (760) 984-5240 igarza@wcainc.com
RENEWING BUSINESS PARTNERS BARCODE AUTOMATION, INC. Ryan Waxberg (407) 327-2177 ryan@barcode-automation.com BISSELL DESIGN STUDIOS INC. Rodney Bissell (714) 293-3749 rodney@bisselldesign.com CLINE AGENCY INSURANCE BROKERS Timothy Cline (800) 966-9566 Ext. 22 tim@clineagency.com CM SQUARED, INC., ARCHITECTURAL DESIGN & PROJECT MANAGEMENT Dirksen Rogers (408) 690-0890 dirksen@gocm2.com DIVERSIFIED ASPHALT PRODUCTS, INC. Lou Moreno (714) 793-7783 loum@diversifiedasphalt.com INSURANCE INCORPORATED Timothy Dean (877) 898-9333 Ext. 101 tdean@insuranceinc.com KHATRI INT. CIVIL & STRUCTURAL ENGRS, ARCHITECTS Dilip Khatri (626) 475-7660 dkhatri2006@gmail.com KIRKPATRICK LANDSCAPING SERVICES Steven Kirkpatrick (760) 347-6926 stevekls@msn.com OWENS, MOSKOWITZ AND ASSOCIATES, INC. John Kraul (949) 851-5020 Ext. 12 john@raocpa.com PATIO GUYS Henry Meza (714) 241-1200 commercial@patioguys.com UNITED PAVING CO. Tracie Moran (951) 739-9200 tmoran@united-paving.com
VINTAGE ASSOCIATES/ECOWISE LANDCARE Fran Mullahy (760) 772-3673 fmullahy@thevintageco.com
NEW MANAGEMENT COMPANY MEMBERSHIP HOA OFFICE, INC. Elbert “Jay” Jarvis (571) 235-5420 jayj92260@gmail.com
RENEWING MANAGEMENT COMPANY MEMBERSHIP ACTION PROPERTY MANAGEMENT, INC. Marianne Simek (949) 450-0202 msimek@actionlife.com
NEW MANAGER MEMBERSHIPS ASSOCIA DESERT RESORT MANAGEMENT April Molitoris (760) 346-1161 amolitoris@drminternet.com Linda Montenegro (760) 346-1161 LMontenegro@drminternet.com Alyssa Ryan (760) 346-1161 aryan@drminternet.com
RENEWING MANAGER MEMBERSHIPS
RENEWING VOLUNTEER LEADERS
Erin Grossman (760) 346-1161 Ext. 7779 egrossman@drminternet.com
Susan Wells Natalie Woodard
Maria Guffey (760) 346-1161 mguffey@drminternet.com
CANYON ESTATES HOMEOWNERS ASSOCIATION Curtis Barber Christopher Brodwell Daniel Coleman Pamela Gargiulo Peter Lancellotti James Machado Patti Proudfit Maureen Roman James Sizemore Bob Zimmerman
Elizabeth Weber (760) 346-1161 eweber@drminternet.com Jennifer Zeivel (760) 346-1161 jzeivel@drminternet.com HOA OFFICE, INC. Elbert “Jay” Jarvis (571) 235-5420 jayj92260@gmail.com KEYSTONE PACIFIC PROPERTY MANAGEMENT, LLC Christine Rodgers (949) 430-5803 crodgers@keystonepacific.com SUNRISE COUNTRY CLUB HOMEOWNERS ASSOCIATION Eric Charos (760) 328-6045 echaros@pga.com THE MANAGEMENT TRUST, DESERT DIVISION Cassie Gertz (760) 862-6335 Cassie.Gertz@Managementtrust.com
Ellen Woolard (215) 292-7097 solstice46@earthlink.net
ALBERT MANAGEMENT INC. David Scott (760) 777-7621 davescott@att.net
NEW VOLUNTEER LEADERS
ASSOCIA DESERT RESORT MANAGEMENT Vanessa Ayon (760) 345-4349 vanessa.ayon@associa.us
DESERT BRAEMAR, INC. Jeff Bordalampe Jim Emery Phil Seabrook
Shelly Bricker (760) 346-1161 sbricker@drminternet.com Cari Burleigh (951) 767-1788 cburleigh@drminternet.com Jennifer Carroll (760) 346-1161 jcarroll@drminternet.com Christie Curtis (760) 285-0817 ccurtis@drminternet.com
BANNING ESTATES HOMEOWNERS ASSOCIATION Thomas Wilkie
RANCHO MIRAGE COUNTRY CLUB HOMEOWNERS ASSOCIATION Steve Downs Steve Hellman Robert Lucas Les Nelson Cesar Sandoval Mary Willis SUNRISE RACQUET CLUB OWNERS ASSOCIATION Jerry Cruz
DESERT BRAEMAR, INC. Bonnie Muench GENERATIONS – INDIO Lisa Corton Susan Irvings Sean La Rue Roberto Montes Christopher Thomas LAKE LA QUINTA HOMEOWNERS ASSOCIATION Rosemary Anaya Jim Boucher Bob Griffith Holly Moose Donna Spafford LAKE MIRAGE RACQUET CLUB HOMEOWNERS ASSOCIATION Walter Dandridge Paul Hagel Diana Herkimer Jack Mclaine Nancy Miron David Teeter PALAZZO SHADOW HILLS HOA Jay Kanner Arthur Kimball Rudy Ramirez Roy Schaefer Kimberly Thome PUERTA AZUL HOA Randy Diamond Christopher Valenti Ted Wood SUNRISE RACQUET CLUB OWNERS ASSOCIATION Jack Helscher Leslie Wheeler
VILLA PORTOFINO HOMEOWNERS ASSOCIATION Jonathan Wilson CAI-CV.org
facebook.com/CAICV
@CAI-CV
9
FEATURE
CAI-CV Wins TEN National Awards O
By Cal Lockett
n May 15th, CAI announced the winners of their National Achievement Awards and Excellence Awards. The 64 CAI chapters from around the country and some of the international chapters compete based on chapter size. National Achievement Awards are given out based on submissions from each chapter in five categories. Submissions are reviewed and evaluated by a team of CAI chapter leaders. Excellence Awards are given out based on a comparative evaluation by CAI national staff in five areas considered critical for chapter success. CAI-CV won all ten categories for its programs in 2019. The awards will be given out at a ceremony planned at the National Convention in 2021 in Las Vegas. CAI-CV operates with over 150 volunteers who run all its programs through 16 committees. Congratulations to all CAI-CV members, committee leadership and volunteers, and to our esteemed board of directors.
CAI-CV WAS SELECTED TO RECEIVE ACHIEVEMENT AWARDS IN ALL FIVE CATEGORIES. THE SUBMISSIONS WERE:
PUBLIC AFFAIRS ACHIEVEMENT AWARD Criteria: Activities demonstrating the chapter’s role in promoting CAI as the industry’s leading advocate for building better communities. Submission Summary: CAI-CV’s Buck-A-Door Grassroots Initiative.
A BUCK-A-
HELPS PRO
DOOR
TECT HOA H
OME VALUE
S
WORKING
TOGETH
ER: CAI's Califo rnia Legis lative Action Co mmittee an d 50,000 Commun ity Associa tions
• Buck-A-Door Grassroots Initiative submission in the Public Affairs category • Homeowner Leader Education & Membership Initiative submission in the Membership category • Strategic Planning Initiative submission in the Chapter Management and Development category • Business Partner Mentoring Project submission in the Leadership category • Community Association Board Recruitment submission in the Member Services category
ADDITIONALLY, CAI-CV WAS SELECTED TO RECEIVE AN EXCELLENCE AWARD IN RECOGNITION OF OVERALL EXCELLENCE IN ALL FIVE CATEGORIES: Public Affairs (92%) Membership (98%) Chapter Management & Development (91%) Member Services (89%) and Leadership (91%).
10
Quorum June, 2020
In California, the Legislature has taken an interest in the common interest development industry. The lawmakers don't always fully understand the industry and recent legislation is proof that CAI involvement is not only necessary but is truly a fiduciary responsibility of our association members. In January, a new bill went into effect that is causing all California associations to go to the expense of rewriting their election bylaws. While this legislation was costly, it was much better due to CLAC's involvement at every step of the legislative process.
FEATURE In the fall of 2018, the CAI-CV board asked the Legislative Support Committee to find ways to raise new funds to support CLAC. The LSC began investigating programs that other chapters had used, and programs that had been used over the past 12 years by CLAC. CLAC's existing Buck-A-Door program looked promising but was difficult to explain to boards. Past efforts by managers to explain the program and its impact on the legislative process fell flat. The LSC engaged the help of the Chapter's Professional Managers Committee to help test messages to find out exactly what was needed to convince managers to get involved. They also engaged the Chapter's Homeowner Leader Committee to test messages and see what they felt would work. Overwhelmingly, the feedback was that they needed a one-piece brochure that had everything a board would need to make a decision. It needed to be simple, concise and compelling. And, it needed to be a hard copy that could be placed in the association's board packet. The LSC decided that the messaging needed to make the point that participating in the Buck-A-Door program would help them meet their fiduciary duties to protect home values. • They needed to explain the legislative process to homeowner leaders and managers in simple terms. • They felt they needed to give managers and boards simple step-by-step instructions. • The brochure also needed to provide compelling reasons for participating and the assurance that participating was okay legally. They also provided answers to typical questions a board might receive from residents. • The LSC felt that they needed to give concrete examples of how CLAC impacted legislation. • And, finally, they felt like they needed to provide a sample resolution a board could adopt to make the Buck-A-Door part of their ongoing budgets. The participation form was then simplified to minimize what boards needed to return to CLAC to participate. All of these considerations were developed and placed into a new brochure. The brochure went to the Chapter's legal team for review and then was sent to CLAC's PR Committee for approval. Once approved, it was presented to the CAI-CV board for approval and then the marketing process started. The development time for this new program was approximately two months and utilized three CAI-CV committees and more than 20 volunteers. In March of 2019, the brochures were printed and sent out electronically to all CAI-CV managers and homeowner leaders. The program was a huge success.
LEADERSHIP ACHIEVEMENT AWARD Criteria: Training, development, and/or recognition programs that empower volunteers and/or members to be effective, efficient leaders. Submission Summary: CAI-CV Business Partner Mentoring Project.
2019 ADVERTISING SPONSORSHIP PLAN& COMMUN
ITY ASSO CIAT COACHELL IONS INSTITUTE A VALLEY CHAPTER
TO BE A 2019 HERE ARE THE CORPORATE SPONSOR, DATES TO REM EMBER FRIDAY, NOVEMB ER 9, 20 Fo
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V’S APP’S QU
ICK LIST
The purpose of the 2020 Business Partner Mentoring Project was to provide a written mentoring program for new and existing business partners to help them understand how best to maximize their investments of time and money in the chapter. The CAI-CV Business Partner Committee was frustrated that earlier attempts at mentoring programs fell short of expectations, typically because these programs were time-intensive and included having to train mentors and then rely on the mentor's schedules to meet with business partner members. A new idea was formed and the Business Partner Committee collaborated with the CAI-CV board to prepare a single brochure specifically designed for business partners that spelled out exactly what they need to do to build their business and maximize their visibility through CAI-CV. The 2020 Advertising & Sponsorship Plan achieves this goal by including simple step-by-step instructions for business partners in one easy-to-read brochure. The Business Partner Committee surveyed business partner members and discovered that many were only involved in a CAI-CV.org
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@CAI-CV
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FEATURE few CAI-CV activities. They discovered that the businesses that found CAI-CV successful followed a certain pattern of activities and involvement. The CAI-CV board asked the Business Partner Committee to develop a single brochure that could be given to new and existing members.to serve as a mentoring program - not to replace face-to-face mentoring, but to supplement it when meetings were impossible or delayed. The Business Partner Committee also researched what most business partners needed to present to their parent companies to gain approval for an appropriate budget and volunteer time to maximize their involvement with CAI-CV. They also investigated and prioritized every possible touchpoint where a business partner might benefit from a CAI-CV activity. These new findings were woven into a single comprehensive document that was mailed and sent out electronically to existing members and prospective members. The Business Partner Committee began surveying members in July of 2019. The findings showed that business partners with the greatest success had dedicated professional marketing people employed to assist with building relationships with managers and board members. They discovered that these professionals had a pattern of activity that worked: Successful marketing through CAI-CV included maximizing face time with boards and managers. Building relationships was key. To do this, these businesses used a combination of sponsorships, advertising, committee volunteerism and attending events. The next step was for the Business Partner Committee to distill these lessons and make them applicable to mostt members who did not have professional marketing people on staff. This helped businesses see what works and to know upfront what does not work. The brochure is clear that if they choose only to invest money in sponsorships or advertising, they cannot expect to get a great return on their investment. They also need to volunteer and attend events. The committee drafted their mentoring instructions and then incorporated them into the existing marketing plan. This draft was presented to the board for approval in August. The brochure was edited and reviewed by some of the Chapter's HOA attorneys. The final brochure was printed and distributed electronically and by mail over an eightweek period to solicit participation. Recruiting for corporate sponsors continues through February. By January 1, 2020, CAI-CV had increased corporate sponsorships and total dollars raised significantly. Feedback from business partners has been fantastic. They are grateful for the assistance and some are already seeing positive results. This effort helped CAI-CV really understand the needs of our business partners who are the primary source of funding for the chapter. By developing a mentoring brochure that fills the gap when face-to-face mentoring falls short, the chapter has found a way to meet its members' needs.
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MEMBER SERVICES ACHIEVEMENT AWARD Criteria: Services provided to a member that successfully meet the needs of individual CAI member groups (business partners, managers, homeowner leaders) and contribute to member satisfaction and value. Submission Summary: Community Association Board Recruitment Project
Who M e?
SERVE O N A HOA BOARD?
The CAI-CV Homeowner Leader Committee surveyed the Chapter's Homeowner Leaders and discovered that one of their main complaints was the difficulty of recruiting new board members to serve in their communities. The purpose of the "Who Me?" brochure is to provide a tool for community associations that would assist them with recruiting new board members. The brochure would also help explain the board's fiduciary duties and the key ingredients needed by board members to govern a thriving community. The Homeowner Leader Committee started by surveying the Chapter's homeowner leaders to discover ways CAI could help them govern their communities successfully. Once they learned that recruiting new members was a major concern, they appointed an ad hoc subcommittee to investigate what educational materials were already available. They researched CAI national, the CAI Foundation, and asked for input from other CAI Chapters. After finding that there was no current brochure or booklet that could be used, they created an outline of the information that needed to be included.
FEATURE The ad hoc committee used one of CAI-CV's Board Member Workshops (BMW) to ask board members what exactly they felt potential board members would need to know to decide whether to serve. The answers to these questions and the outline of materials found on the web and from CAI were combined to form a first draft of the brochure. The concept brochure was then tested with board members via an Eblast and the feedback was very positive. A few changes were made, and a copy was then sent to our HOA attorneys for proofing and editing. The final copy was offered to Chapter members at CAI-CV events and has been a huge success. The "Who Me?" brochure directly solves a major problem reported to CAI-CV from our homeowner leader members. The feedback so far indicates the brochure is a home run. Orders are coming in each week for additional copies. The brochure is designed to explain the HOA industry and attract the right kind of people to serve on boards. It uses subtle language to encourage good behavior by existing board members. It also pushes readers to value CAI designations and to rely on professional management and professional advisors (CAI business partners). This brochure has a positive influence and brings value to all the Chapter's members while solving a major problem for our association members.
CHAPTER MANAGEMENT AND DEVELOPMENT ACHIEVEMENT AWARD Criteria: Chapter management or development initiatives and/or tools focused on strengthening the internal workings of the chapter. Submission Summary: CAI-CV Strategic Planning Initiative In January of 2019, CAI-CV began a year-long strategic planning process to help direct Chapter activities for five years starting in 2020. CAI-CV is 39 years old. For most of those years, the Chapter was headquartered in the same location and had many of the same events and classes and had roughly the same number of members. In 2014, the Chapter board felt CAI members needed more education. They decided to start
looking for a classroom and transitioning itself into a primarily education-oriented nonprofit. Over the next few years, the Chapter moved from a small industrial office to a class A building with a classroom that fits up to 50 students. They also significantly increased revenue and members. Now, in the new building, with double the membership and double the revenue, along with many new classes and events, it was time for the Chapter to reevaluate and plan for the next five years. The goal of the CAI-CV board was to develop a plan that would help navigate the next five years, continuing their focus on education for all three membership classes. Strategic planning is a cumbersome process with many moving pieces being evaluated by many people. Our results are relatively new, but it appears the process we went through, including as many members as we did, had had a unifying effect on the Chapter. So far, we are seeing value at every level. Business partners have increased their sponsorships and advertising like nothing that has ever been seen before in the Chapter's nearly 40 years of existence. Every class we offer for managers, assistant managers, board members or business partners is full. Our membership continues to grow each month. The Chapter hands out evaluations after every program or event. Feedback from these evaluations shows an amazing increase in satisfaction among members who feel they are getting value from our programs. We are vastly expanding CAI-CV's presence in the general community. Already, we have published two HOA Living brochures in partnership with two cities. With Realtor meetings and the affiliation with Desert Cities HOA Council, we are reaching far more people than ever before - thousands more. As we continue to grow our manager and board population, we bring more value to our business partners and their responses to our marketing plan this year shows they are in agreement with our direction.
MEMBERSHIP ACHIEVEMENT AWARD Criteria: Membership acquisition, retention, and/or development efforts that enable CAI to expand its membership base. Submission Summary: Homeowner Leader Education & Membership Initiative
CAI-CV.org
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FEATURE The goal of this initiative is to increase education, membership, and outreach to community association boards in the Coachella Valley. After a year-long strategic planning process, the CAI-CV board decided that one long-term strategy for the Chapter would be to focus on educating community association board members. To elevate the industry and alleviate the most reported problems in the industry, CAI-CV felt that the best outcomes would come from helping community board members understand their fiduciary duties. To protect them from their biggest threat, litigation, CAI-CV also had to convince boards to use professional advisors, especially professional management, CAI designated insurance brokers (CIRMS), CAI designated reserve specialists (RS), HOA lawyers (CCAL & Specialists), and licensed contractors to advise them before making major decisions. As part of this education, CAI-CV felt it needed to help community boards focus more on protecting and enhancing home values and less on keeping assessments low. In January of 2019, the board began a strategic planning process. At the session, the Chapter decided that they needed to try to reach out to community board members with educational options far
Chapter’s experience with community board members over the past three years. In March, an agreement was made with the Desert Cities HOA Council (DCHC) to create an affiliation with CAI-CV and bring them into the Chapter under the authority of the Homeowner Leader Committee. It was decided to keep the DCHC board and run the program the same as they have for the past ten years. It was also decided that they would encourage their members to join CAI-CV but not make it mandatory to attend DCHC classes. The Homeowner Leader Committee, working with the DCHC board, negotiated a venue in Cathedral City and another venue in Palm Springs for DCHC meetings. DCHC volunteers were given a list of CAI-CV professional advisors to include as their guest speakers. It was agreed that CAI and CAI membership would be discussed at every DCHC meeting. DCHC averages 40 board members at every meeting and their mailing list is 300. In April, the Homeowner Leader Committee launched an online forum to test the idea with existing committee members. The forum was tested and tweaked over two months and a demonstration was provided to the Chapter
C A I N AT I O N A L A C H I E V E M E N T A N D E X C E L L E N C E AWA R D S beyond what the Chapter had formerly offered. They felt it was critical to include messages about the board’s fiduciary duties and the need to use professional advisors to protect their communities against litigation. The CAI-CV board asked the Homeowner Leader Committee to take responsibility for this effort, and to work with the Education Committee and the Membership Committee to develop the appropriate classes and to increase outreach and eventually increase membership of homeowner leaders. The Homeowner Leader Committee surveyed the Chapter’s existing members for topics and, working with the Education Committee, developed 115 hours of education for community board members to be offered in the Chapter’s classroom, starting in 2019 and reaching the 140-hour goal by the end of 2020. In September of 2019, a complete course list was published for 2020 that included dates, times and venues for the 140 hours of classes. The classes were further broken down into beginner, intermediate and advanced courses based on the 14
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board in August. In July, CAI National said that they were developing a statewide blog for all the California chapters. For that reason, the local effort was put on hold. In December, after seeing that the CAI national blog would take longer than expected, the CAI-CV board gave the Homeowner Leader Committee permission to launch. So far, they have about 100 community board members involved. To join, individuals must be on an HOA board or a volunteer leader in their HOA and must also be a member of CAI or DCHC. The Committee has one volunteer who administers the forum – adding new members. They also have two volunteers monitoring conversations to make sure things don’t get out of hand. CAI-CV classes and events are advertised on the forum. Working with the Membership Committee, the Homeowner Leader Committee engaged the services of a college intern to help develop a list of nonmember Coachella Valley board members. In California, CIDs are required to file a Statement of Information with the Secretary of State every two years. This information is only available by pulling up the corporate
FEATURE information one HOA at time. The information must then be rekeyed into a spreadsheet. Typically, there is only physical addresses and often information is missing and needs to be looked up. This is a time-consuming task but has paid off. About one-third of the HOA board members attending CAI-CV educational events are from this list and have never been to a CAI function before. The list only contains two people from each HOA, the president and secretary. We get close to 2,000 names and addresses and then cull out our existing members. This list is used to solicit for attending events and educational courses throughout the year. We did two mailings in 2019 and will do four mailings in 2020. We have shared this list with DCHC and hope it will boost their numbers. We recruit at every class to make sure that entire boards are plugged into CAI. We also encourage the board to put CAI membership in their annual budgets to future boards have access to education. All these efforts were approved by the CAI-CV board and launched in 2019 and all have been very successful. These programs have significantly increased CAI-CV's membership and we are seeing exponential growth in community board members joining CAI, attending events and volunteering to serve on CAI committees. The greatest value to the Chapter has been the hundreds of local HOA board members who have heard and become believers in the need for community board members to be educated and to begin to protect their associations against potential litigation by being professionally managed and using CAI professional advisors.
Fiore racobs & Powers A PROFESSIONAL LAW CORPORATION
A FULL-SERVICE LAW FIRM DEDICATED TO THE SUCCESS OF COMMUNITY ASSOCIATIONS SINCE 1973 > Legal Opinions > Enforcement > Governing Document Amendments > Contract Review > Assessment Collections > Litigation > Elections/Annual Meetings > General Legal Services THE RECOGNIZED AUTHORITY IN COMMUNITY ASSOCIATION LAW
FioreLaw.com / 760-776-6511
Cal Lockett is CAI-CV’s Executive Director. Cal has served as the chief lobbyist for Bank of America and later as a lobbyist and executive for WellPoint Anthem Blue Cross Blue Shield where he oversaw public relations, government relations, and the company’s 15 foundations. Cal can be reached at the Chapter office at (760) 341-0559 or by email to clockett@cai-cv.org.
CAI National will be celebrating your accomplishments on stage at the 2021 Annual Conference in Las Vegas. CAI-CV.org
facebook.com/CAICV
@CAI-CV
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DURING THESE UNCERTAIN TIMES, CAI BUSINESS PARTNERS AND MANAGEMENT COMPANIES ARE TRUSTED PROFESSIONAL ADVISORS. HELP PROTECT YOUR HOA BY RELYING ON THEIR ADVICE.
Providing award-winning, full service HOA management services to Coachella Valley communities since 2001. How can we help you?
www.albertmgt.com Lori Albert, CAMEx, CCAM CEO & President 760.346.9000 ext. 1014 Lori.Albert@albertmgt.com
_________________________________ Rey Insurance Services a Farmers Insurance Agency Rey Insurance Services has been servicing the Habitational market for over 30 years which includes both Apartments and Condominium Associations.
Locally owned and operated, Asphalt MD’s has been the desert’s #1 choice for association street maintenance for 37 years.
www.asphaltmds.com www.ReyInsuranceServices.com Mike Rey, President (800) 954-6787 mike@reyinsuranceservices.com 16
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Gary Butler, President (760) 863-4500 gary@asphaltmds.com
Additional Corporates Sponsors are listed on page 56.
FEATURE
Beaumont Tashjian represents homeowner associations throughout Southern California in all aspects of community association and real estate law.
www.HOAattorneys.com Lisa Tashjian, Esq. 74-710 Highway 111, Suite 102, Palm Desert, CA 92260 818-884-9998 ltashjian@HOAattorneys.com
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Construction Defect Litigation firm with over 35 years of experience representing Homeowner Associations, Commercial Business Owners and Multi-Family homes.
BPR, Inc. utilizes patented technology and cutting edge methods to eliminate trip hazards. Trip hazards caused by cracked and raised concrete will be removed without any damage to nearby structures, or inconveniencing pedestrians. Our methods take very little time and the result is a safe, clean-cut walking path! We have over 20 years of experience in the industry providing our services to public and private agencies.
www.bpr1.com
Contact: Elaine Gower elaine@naumannlegal.com 844-492-7474
BPR, Inc. includes a thorough sidewalk inspection with every cutting/grinding project. An excel spreadsheet will be provided that includes: street name, address, size and length of trip hazard and also removals needed.
Naumannlegal.com Additional Corporates Sponsors are listed on page 56.
Thomas Edelson thomas@bpr1.com 855-804-7336 CAI-CV.org
facebook.com/CAICV
@CAI-CV
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Our Coachella Valley attorneys are ready to help your community association navigate through its legal issues today and always. Sunstates Security partners with clients to provide security solutions that meet the goals and personality of each community we serve.
#TogetherWeCan
www.epsten.com Dea C. Franck, Esq., Shareholder 760-836-1036, dfranck@epsten.com
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Stephen R. (Ron) Olsen, Senior Consultant 949-536-4474 www.SunstatesSecurity.com
_________________________________ Striving to be the preferred landscape services contractor and the preferred landscape services employer in the Coachella Valley.
DWI is a full-service lake management company, specializing in pump repairs, serving Coachella Valley for 30 years as a CLM. www.dwiwater.com 18
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www.conservelandcare.com Randy Mitchell Senior Vice President 760-250-7246 rmitchell@conservelandcare.com
Additional Corporates Sponsors are listed on page 56.
FEATURE
We specialize in concrete overlay systems which includes the resurfacing of HOA pool decks. We also replace and repair concrete.
NPG Asphalt an “Essential Business Partner” is still working full crews and office staff in order to service our clients during these trying COVID19 times.
www.coopercoatings.com Marshall F. Cooper, CEO/Owner 760-422-4366 Marshall@coopercoatings.com
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We are an experienced full-service law firm in the field of Community Association Law serving Southern California.
After more than 50 years, DSI Security Services remains one of the most reliable and competitive security providers in California.
www.DelphiLLP.com Christina Baine DeJardin, Esq. Partner 844-433-5744 cdejardin@delphillp.com
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www.dsisecurity.com Kimberly Burnett Business Development Manager (909) 238–3827 kburnett@dsisecurity.com
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Dunn-Edwards Corporation What services are we currently offering? Property Visits for Surface Evaluations, Paint Specifications, Color Renderings, Color Books, Color Boards, Color Consultations, Bid Invitations For Services, please contact: Bridget Nigh - (760) 972-6830 bridget.nigh@dunnedwards.com https://www.dunnedwards.com/professional/ community-and-property-managers/services 20
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We have been serving the Coachella Valley for 30 years. We would love to work with you to make your community the envy of the town. Owner Francisco Corona (760) 275-9700 xxfclandscapexx@aol.com
Additional Corporates Sponsors are listed on page 56.
FEATURE
Fiore Racobs & Powers stands united with the CID industry during the COVID-19 pandemic. Stay safe and healthy!
Your online presence is more important now. We can help with fresh and effective designs for your web and print needs. CAI-CV
EDUCATED BUSINESS PARTNER
Julie R. Balbini, Esq. Fiore Racobs & Powers (760) 776-6511
www.FioreLaw.com _________________________________ Owner Rodney Bissell For 30+ years, your Lighting & (714) 293-3749 Electrical Services Contractor rodney@bisselldesign.com Retrofits, Projects, Maintenance, www.BissellDesign.com New Technologies, Product & Design _________________________________ Expertise, Budget Solutions.
Local HOA management team and extensive back-office support staff. The best technology that exposes a level of detail that is not available anywhere else.
www.realmanage.com www.HOAlighting.com Angela Tesinsky, Account Manager Angela.T@HOAlighting.com 760-343-7400
Rhonda M. Drews, PCAM Regional Vice President of Operations (760) 202-9880 ext. 5731 Rhonda.drews@realmanage.com
Additional Corporates Sponsors are listed on page 56.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
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Gardner Outdoor and Pool Remodeling, exempt from LockDown restrictions, never paused in servicing our clients while following all COVID-19 protocols.
Jain Irrigation, Inc. Switch to ETwater by Jain. Smartest irrigation, see immediate water bill savings. No need to replace existing equipment. Free trial.
www.jainsusa.com/etwater/
www.gardnerremodel.com Mark Feldstein, CFO/Director of Marketing 909-374-5520 markf@gardnerremodel.com
_________________________________
ETwater by JAIN SmartBox controller Mike Palumbo Territory Sales Manager | Jain Irrigation, Inc. (909) 637-7181 mpalumbo@etwater.com
_________________________________ ADVANCED RESERVE SOLUTIONS, INC. ARS consults with our clients to assist with longrange planning, then customizes each reserve study to meet their unique needs.
www.arsinc.com Roxi K. Bardwell, Regional Vice President RBardwell@arsinc.com (760) 295-1864
Roseman Law, APC, a full-service real estate law firm specializing in representation of HOA’s in general legal counsel, collections & defect litigation. For information
CAI-CV
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www.Roseman.law info@roseman.law
Additional Corporates Sponsors are listed on page 56.
FEATURE
AMS Paving Inc. is the leading asphalt paving and seal coat contractor in the Coachella Valley.
www.amspaving.com Liz Williams, Vice President 760.327.0800 | liz@amspaving.com
Southern California’s #1 Choice of Patrol and Gate Attendant programs for Upscale and Private Gated Communities.
G4S Secure Solutions (USA), Inc. Brandon Joffe Manager, Program Development 714.809.5936 | brandon.joffe@usa.g4s.com
www.g4s.com
“Your local area paint manufacturer, partnering with HOA communities for over 20 years with premium products and expert property services” Jared Knight Property Services Specialist 951.454.2500 jknight@vistapaint.com
www.vistapaint.comKeep
Additional Corporates Sponsors are listed on page 56.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
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Stay calm and call Nissho for all of your community’s Landscape and Janitorial Needs! We are proud to serve you. In good times, and bad times, Prendiville Insurance Agency is always there to help with any of your insurance concerns or questions.
www.nisshoca.com Rebecca Bigbey Sales & Marketing Director rbigbey@nisshoca.com | 760-535-0389
_________________________________ Discover how top-notch service, attention to detail and a willingness to do what it takes can help your HOA prosper.
Matthew Lawton, EBP, CIC, CIRMS Educated Business Partner Certified Insurance Counselor Community Insurance and Risk Management Specialist Farmers Insurance Group 760-770-5868 Ext 302 | 760-774-2099 Cell License: 0E13055 Matt@PrendivilleAgency.com
_________________________________
Local Pest Management Professionals
www.powerstonepm.com Michelle Lopez Director of Community Management 760-469-4315 mlopez@powerstonepm.com. 24
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• Monthly Pest Management Programs • Custom Solutions for the most difficult problems • Competitive Rates • Thorough Inspections • Prompt Service
www.cartwrightpest.com/ contact-us.html
Additional Corporates Sponsors are listed on page 56.
FEATURE
SCT provides Civil Code compliant reserve studies with a focus on helping communities fund their short- and long-term reserve expense requirements. Sherwin-Williams Paint Company is an American Fortune 500 company in the general building materials industry. The company, with headquarters in Cleveland, Ohio, primarily engages in the manufacture, distribution, and sale of paints, coatings and related products to professional, industrial, commercial, and retail customers primarily in North and South America and Europe. The company is mostly known through its Sherwin-Williams Paints line. Its consumer brands group manufactures products under such trade names as Dutch Boy, Krylon, Dupli-Color, VHT (a division of Dupli-Color), Minwax, Thompson’s WaterSeal, Pratt & Lambert, White Lightning, Purdy and Kool Seal.
www.sctreserve.com Mallory Paproth, Reserve Consultant (951) 296-3520 | info@sctreserve.com mallory.p@sctreserve.com
www.sherwin-williams.com Alison LeBoeuf Alison.l.leboeuf@sherwin.com 949-294-3566
United Paving is safely completing asphalt, concrete and striping projects throughout the Valley. We look forward to helping you. John Goedtel, Sr. Project Manager/Estimator Office: 951-739-9200 | Cell: 714-904-7690, Email: john@united-paving.com Additional Corporates Sponsors are listed on page 56.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
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AnUpdate Update fromAMS AMS Paving on An Update from Paving on COVID-19 An from AMS Paving on COVID-19 COVID-19 We at AMS Paving are taking precautionary measures during these uncertain times. With COVID-19
We(coronavirus) at AMS Paving are taking precautionary duringand these uncertain times.members With COVID-19 changing the way we live and measures work, the health safety of our team and communities (coronavirus) changing the way we live and work, the health and safety of our team members and communities remain our top priority. remain top priority. As aour company, our services fall under what is considered “essential” as our projects maintain public safety and As provide a company, our fall under what like is considered “essential” ourwe projects maintain public and vehicularservices right of way. We would to assure our customersasthat are open for business in safety all facets.vehicular Minimal right officeofstaff have retained maintain operations adhering to all CDC provide way. Webeen would like totoassure ourbusiness customers that wewhile are open for business in all guidelines and practicing safe distancing. facets. Minimal office staff have been retained to maintain business operations while adhering to all CDC The AMS Paving management team has been meeting daily to evaluate the situation and implement specific guidelines and practicing safe distancing. measures as required by the CDC. not limited The AMS Paving management teamIncluding has beenbut meeting daily to: to evaluate the situation and implement specific • as Working remotely conducting andlimited preconstruction meetings online or through one of the measures required by the and CDC. Includingsafety but not to: various video conferencing apps. • Working remotely and conducting safety and preconstruction meetings online or through one of the •various Avoiding physical contact and maintaining safe distances of 6 feet. This pertains to both the office videoallconferencing apps. staff as well as crews in the field. • Avoiding all physical contact and maintaining safe distances of 6 feet. This pertains to both the office • A site specific COVID-19 supervisor has been designated for each project. They shall be present on the staff as well as crews in the field. construction site during all construction activities. This may be a crew supervisor such as a foreman. • •A site specific COVID-19 supervisor has been designated for each project. They shall be present on the Staff meetings and crew meetings of any size have been limited or postponed where safe distancing construction site during all construction activities. This may be a crew supervisor such as a foreman. can’t be maintained. • •Staff meetings and crew any size have been limited or postponed distancing Office sanitization by ameetings third-partyofservice to clean all work surfaces. Including where desks; safe keyboards; can’t be maintained. phones; floors and doors etc. • •Office third-party to clean all work surfaces. Including desks; keyboards; Dailysanitization sanitizationby of acrew vehiclesservice and construction equipment. phones; floors and doors etc. • Mandated personal protection equipment (PPE) for crew and office staff. • •Daily sanitization of crew vehicles constructionaerosol equipment. Hand sanitizer, disinfecting wipes and disinfecting sprays are being utilized. • Mandated personal protection (PPE) crew and on office staff.vehicles. Disinfectant solution as well as hand equipment wash stations havefor been placed all crew AMS Paving is committed to providing quality asphalt paving and seal coating projects. We will continue to • Hand sanitizer, disinfecting wipes and disinfecting aerosol sprays are being utilized. follow thesolution CDC guidelines andhand makewash necessary adjustments maintain and safety of our staff and Disinfectant as well as stations have beentoplaced onthe all health crew vehicles. crew. You can reach us using the regular communication channels of phone and email. AMS Paving is committed to providing quality asphalt paving and seal coating projects. We will continue to Thank forguidelines your support. willnecessary get through this together! follow theyou CDC andWe make adjustments to maintain the health and safety of our staff and crew. You can reach us using the regular communication channels of phone and email. Empire We will get through this Palm Desert San Diego Thank you forInland your support. together! 11060 Rose Avenue Fontana, CA 92337
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Inland Empire 800•357•0711 11060 Rose Avenue Fontana, CA 92337 Quorum June, 2020
75-150 Sheryl Ave. Ste. D Palm Desert, CA 92211
Palm Desert • amspaving.com • 75-150 Sheryl Ave. Ste. D Palm Desert, CA 92211
800•357•0711 • amspaving.com
•
10620 Treena St. Ste. 230 San Diego, CA 92131
San Diego
Lic.: # 415436 10620 Treena St. Ste. 230 San Diego, CA 92131
Lic.: # 415436
CAI-CV 2020 TITANIUM SPONSOR SPOTLIGHT
42-240 Green Way #B •Palm Desert, CA 92211
Your Local Go-To HOA Contractor HOA SERVICES
Vantage Point Construction was is becoming involved with CAI-CV on We value our relationship with CAI started in 2000 to fill the much needed its Volunteer and the Business Partner and its members. At VPC we recognize demand for local contractors to service Committees and is a valuable asset to the need for support in the Valley as a • Wood • Pool Deck Coatings • Fence • Carport the HOA/property management con- our company. Francisco Estrada started business and are proud to be a part of Repair/Replacement Repair/Replacement Repair/Replacement struction needs in the Valley. ARepair/Replacement year as a laborer for VPC in 2007, he is now our a great community like CAI. We have later Tom Thorman joined VPC as their project manager adding new business to gained many business rela• Concrete • Club/Guard House • Block Wall • Drywalland&personal More!!! Insurance Restoration Manager adding VPC working with property managers tionships with members the years. Repair/Replacement Repair/Remodel Repair/Replacement Contact us over today to the Valley's need for a local insurance as well as maintaining relationships Our main goal at VPC is to give our restoration company. Tom and his wife, with all business partners. Tom's oldest customers a local, go-to, family-owned Dona, bought the company in 2005 and daughter, Tawny, joined the team in service that responds to each individcontinued to fill the need for a local go-to 2015. She works in the front office; her ual need. Our motto is the customer is contractor. Our newest member VPC, husband, Leo, also joinedFire the VPC team always right and we don't just say that, 24hr toEmergency Service & Water Restoration Cami Staviski, comes to us with over 20 when they made the move from Long we try and live by that motto, "The cusMold Remediation Slab Leaktomer Repairs years of construction knowledge and Beach to the desert. is always right."
INSURANCE SERVICES
www.VantagePointConstruction.com
VPC OFFERS COMPLETE INSURANCE WE ALSO ARE YOUR GO-TO CONTRACTOR FOR HOA/ Phone:SERVICES (760) 340-5157 • Fax: (760)MANAGEMENT 340-2576 • MAINTENANCE License # 473996 RESTORATION AND WORKS PROPERTY AND REPAIR WITH ALL INSURANCE COMPANIES SERVICES FOR THE COACHELLA VALLEY SUCH AS: SERVICES INCLUDE: • • • •
Fire damage Water and flood damage Car vs. building Tree vs. building
We have restored over 50 homes and businesses from fire damage and hundreds of homes and businesses from flood damage. VPC also has repaired over 100 structures due to vehicles driving into the building (which unfortunately happens quite frequently in the Valley).
• • • • • •
Concrete replacement Deck replacement Pool deck recoating Wood repair/replacement Carport repair/replacement and many other services including handyman services.
AT VPC WE WORK WITH MANY PROPERTY MANAGERS AND MANAGMENT TO PROVIDE THE BEST LOCAL CONTRACTING SERVICES We are a family business and work hard to provide top quality service. And if things do not work out perfectly, we do our very best to fix the issue and achieve our goal of making every customer satisfied. We take pride in our personalized service, quality workmanship, and our professionalism.
Thank you to Vantage Point Construction for their generous support of CAI-CV! CAI-CV.org
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Download the CAI-CV app today! IT’S FREE! Go to your smartphone app store and type in CAI-CV. Look for the CAI-CV logo and download the app. Questions? Call the CAI-CV office at (760) 341-0559. 28
Quorum June, 2020
CAI-CV LIVE!
FREE! Educational BYO Lunch Program & VIRTUAL Mini Trade Show
Friday, June 19, 2020 FREE with Registration – CLICK HERE 12:00 PM to 1:30 PM (Bring Your Own “BYO” Lunch)
Virtual Mini Trade Show – Win Portal (Door) Prizes
COVID-19 UPDATE BY GUEST SPEAKER
LUNCHEON TOPIC:
CONGRESSMAN RAUL RUIZ, M.D.
INSURANCE & LIABILITY
PLEASE SUPPORT CAI-CV SPONSORS! May Program Sponsors Links
June Program Sponsors Links
Membership Sponsor Prendiville Insurance Agency
Membership Sponsor Prendiville Insurance Agency
Exhibitor Sponsors AMS Paving, Inc. Beaumont Tashjian BRS Roofing, Inc. C. L. Sigler & Associates, Inc. Conserve LandCare Delphi Law Group, LLP DSI Security Services Dunn-Edwards Corporation Horizon Lighting Inc. Nissho of California, Inc. PatioShoppers, Inc. Popular Association Banking Powerful Pest Management Prendiville Insurance Agency PrimeCo Sherwin-Williams Paint Company Three Phase Electric UgMo Technologies Vista Paint Corporation Western Pacific Roofing
Exhibitor Sponsors Alliance Association Bank Animal Pest Management Services, Inc. BPR, Inc. Conserve LandCare Diversified Asphalt Products ET Water/Jain Irrigation G4S Secure Solutions (USA), Inc. Nissho of California, Inc. Patrol Masters, Inc. Prendiville Insurance Agency Roseman Law, APC SCT Reserve Consultants, Inc. Seacoast Commerce Bank SunStates Security Tinnelly Law Group United Paving Co. Thanks to the generosity of our sponsors, there will be no charge for virtual meetings in June, however, you must still register online at WWW.CAI-CV.ORG. CLICK HERE
WHAT YOU NEED TO KNOW ABOUT WEBEX BEFORE THE MEETING When you register, you will receive a confirmation that has a GREEN BUTTON that says “JOIN MEETING.” Save this page so you can refer to it when you are ready to join on the day of the meeting. You may also scroll down and automatically add the information to your calendar. On the day and time of the meeting, PRESS THE GREEN BUTTON, “JOIN MEETING.”
IF THIS IS YOUR FIRST WEBEX MEETING, START 10 MINUTES EARLY!
PLEASE, ALWAYS KEEP YOUR MIC ON MUTE WHEN NOT TALKING!
Webex will load their APP on your smart device. You may attend Webex meetings from your computer, laptop, tablet, smart phone or by just calling in from any telephone, even a landline. It is best, however, to join with a device that has video and microphone capabilities.
If you have questions or require assistance signing up or attending a Webex meeting, please email Ashley at admin@cai-cv.org or call us at 760-341-0559.
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FEATURE
IMPORTANT LINKS TO HELP YOU MANAGE THROUGH COVID-19 By Marilyn Ramos
CITY WEBSITES - Many of the city websites also offer valuable information and links to senior resources, food resources, veteran resources, etc.
Cathedral City Coronavirus Updates: http://www.discovercathedralcity.com/covid-19-info/
Coachella Coronavirus Updates: https://www.coachella.org/ about-us/advanced-components/covid-19-microsite
Desert Hot Springs Coronavirus Update 3.11.2020: https://www.cityofdhs.org/news/ march-11-coronavirus-update
Indian Wells
M
anaging communities during the COVID-19 crisis is challenging. As reopening begins this month, it is more important than ever that CAI-CV members monitor the Riverside County and local city websites for specific information that will impact their communities and businesses. Additionally, there are many resources available to our members and HOA residents. Although this is not a comprehensive list, these resources will help you navigate reopening your communities and addressing the needs of residents.
COUNTY RESOURCES
Main County COVID-19 Website https://www.rivcoph.org/coronavirus Riverside County Drive-up Testing: (800) 945-6171 County Employment Development Department: (800) 300-5616 COVID Hotline: (833) 544-2374 Small Business Development Office: (800) 616-7232 www.coachellavalleysbdc.org Local - Bob Wright: (760) 863-7916 County Economic Development: (800) 616-7232 www.rivcoccsd.org/covidbizhelp Rollout Reopen Plan: https://covid19.ca.gov/roadmap/
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Coronavirus Updates: http://www.cityofindianwells. org/news/details.asp?NewsID=300&TargetID=1
Indio COVID-19 Health Update – 3.3.2020: https://indio.org/news/displaynews. htm?NewsID=809&TargetID=48
La Quinta Coronavirus Updates: https://www.laquintaca.gov/Home/Components/ News/News/2783/286?backlist=%2f
Palm Desert Coronavirus Updates: https://coronavirus-response-city-ofpalm-desert-cpd.hub.arcgis.com/
Palm Springs FAQ on Coronavirus: https://www.palmspringsca.gov/Home/ Components/News/News/5492/23?backlist=%2f Community Alert: Important Coronavirus Update https://www.palmspringsca.gov/Home/ Components/News/News/5490/23?backlist=%2f
OTHER VALLEY RESOURCES Restaurants: www.visitgreaterpalmsprings.com/stay-in-take-out Senior Hours: www.visitgreaterpalmsprings.com/seniors-first
FEATURE STATE ELECTED OFFICIALS
FIND Food Bank
Unincorporated Riverside County, Indio, Coachella, Cathedral City, Desert Hot Springs :
http://www.findfoodbank.org/find-food/
Assemblymember
Call 760-398-1600
Fish Food Bank
Eduardo Garcia (760) 346-6342
Martha’s Village & Kitchen
Palm Springs, Rancho Mirage, Indian Wells, Palm Desert, La Quinta:
https://marthasvillage.org/programs/food-services/
Assemblymember
https://www.thenarrowdoor.org/calendar
The Narrow Door
Chad Mayes (760) 346-6342
Well of the Desert
COMMUNITY RESOURCES – HEALTH
https://www.wellinthedesert.org/dine-and-dash
Senior Help access grocery and medication: 211
COMMUNITY RESOURCES – SHELTER / HOUSING
Elder Abuse: 800.491.7123 Child Abuse: 800.442.4918
Martha’s Village & Kitchen
Covered California: www.coveredca.com 800.300.1506 - Health Coverage: www.coveredca.com
https://marthasvillage.org/programs/emergency-housing/
or www.c4yourself.com
https://www.cvrm.org/what-we-do/get-help-today/
Desert Healthcare District and Foundation:
Path of Life Ministries
https://www.dhcd.org/media/426/ Community%20Resource%20Guide%20 August%202019%20-%20web%20only.pdf
https://www.thepathoflife.com/shelters/
Riverside University Health System Behavioral Health: https://www. rcdmh.org/Coronavirus
Coachella Valley Rescue Mission
Jewish Family Services https://jfsdesert.org/support-programs/
Galilee Center Call 760-396-9100
Riverside County Workforce Development Mental Health Assistance: Call 1-951-686-HELP (4357)
COMMUNITY RESOURCES – FINANCIAL ASSISTANCE
Free YMCA Exercise On-Demand Classes:
Lift to Rise
https://ymca360.org/
Economic Protection Plan: https://www.lifttorise.org/protectionplan
About Telehealth – Palm Springs Life: https://www.palmspringslife.com/brave-new-world/
Eisenhower Medical Center: https://eisenhowerhealth.org/patients-visitors/ coronavirus-covid-19-what-you-need-to-know/
Borrego Health: https://www.borregohealth.org/telehealth
Desert AIDS Project: https://www.desertaidsproject.org/questions-and-answers-on-coronavirus/
California Telehealth Resource Center: Provider List: http://www.caltrc.org/knowledge-center/ telehealth-specialty-provider-list/
COMMUNITY RESOURCES - FOOD
Coachella Valley Rescue Mission:
Riverside County Department of Public Social Services Cash Assistance Program for Immigrants (CAPI): http://dpss.co.riverside.ca.us/adult-services-division/capi
CalWORKs Temporary Assistance: http://dpss.co.riverside.ca.us/ self-sufficiency/calworks/apply
United Way of the Desert Help2Others Assistance Program: https://www.unitedwayofthedesert.org/help2others Marilyn Ramos is a paralegal for the law firm of Guralnick & Gilliland, LLP. Marilyn can be reached at (760) 340-1515 or by email at MarilynR@gghoalaw.com.
Call 760-347-3512 or visit https://www.cvrm.org/
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31
MAINTENANCE & RECONSTRUCTION
What Construction or Maintenance is Allowed During the COVID-19 Crisis? Figuring Out What is Essential and Allowable with Ever-Changing State and Local Orders By Chris Sigler, B.S.C.E., CDT
O
ver the past few months, one could easily get whiplash, if not dizzy and have their eyes glaze over with the constantly changing health and safety orders that need to be followed in order to perform essential construction or maintenance tasks around our communities. The “regionalized” approach seems to make sense in many ways but can also be terribly confusing to adhere to from place to place. There is a state order that is the main guidance, but many counties throughout the state are providing further specifics for their county that might be stricter or might possibly be more lenient about employment sectors such as construction. This has thus far been dependent upon their county’s current virus data. To make matters more challenging, many local municipalities are providing very specific guidelines that differ from the state and county orders. For those of us who are in the business of keeping our clients’ communities safe, dry, and well-maintained, you really must check with each city. In Riverside County, as of today, the guidance is not specific to construction, and refers you to the state’s guidance.
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WHAT IS CONSIDERED ESSENTIAL? There are a few examples of essential types of projects and repairs that are allowable throughout the state as of late May, 2020: • Safety projects – including (but not limited to) elevated structures such as balconies/stairs • Roofing projects – given that keeping buildings watertight is essential • Plumbing repairs • Electrical repairs • HVAC repairs • Repairs related to security and safety of residents, such as gates and other security systems
Regarding regular maintenance, many building systems need trade specialists and/or professional advisors for guidance related to maintenance – HVAC, plumbing, electrical, structural, landscaping, pools/spas, to name just a few. They can continue to serve your business as “essential” during the coronavirus outbreak and our new normal.
WHAT IS ALLOWED CURRENTLY IN THE COACHELLA VALLEY? Despite the seemingly dynamic changes in the orders that have occurred over the past number of weeks, here are the current orders in Riverside County and our Coachella Valley communities:
MAINTENANCE & RECONSTRUCTION
Full facepowered air purifying respirator
Full face negative pressure air purifying respirator with P100 filters
Half face negative pressure air purifying respirator with P100 filters
N95 filtering facepiece respirator
STATE OF CALIFORNIA GUIDANCE FOR CONSTRUCTION:
• Worksite Specific Plan
1. https://covid19.ca.gov/pdf/guidance-construction.pdf
• Individual Control Measures and Screening
2. https://covid19.ca.gov/pdf/checklist-construction.pdf
• Special Cleaning and Disinfecting Protocols
RIVERSIDE COUNTY: No special requirements for construction – substantially follows state mandates. PALM SPRINGS: Unique in that they follow the state mandates but have tightened the ropes a bit, in that “essential projects” are clearly defined, with all other construction not allowed. There are a few special allowances for construction of essential facilities, affordable housing, shelters, etc. and allow for work to secure sites and make sure that safety and habitability are maintained. There was a recent amendment to the Palm Springs local order that also allows minor exterior work, solar, interior work if the building is vacant/not occupied, and lastly and quite importantly, reroofing and roofing repairs. CATHEDRAL CITY: Follows state order. PALM DESERT: Follows state order. INDIAN WELLS: Follows state order. LA QUINTA: Follows state order. INDIO: Follows state order. Thankfully, Riverside County communities are substantially consistent with the state, with the exceptions stated for Palm Springs.
WHAT SPECIAL SAFETY PROVISIONS ARE REQUIRED OF CONTRACTORS? There are many important protections that have been outlined by the state related to construction. If you follow the links provided previously, you will find specific protections for workers and residents. These protections include, but are not limited to the need for each contractor to follow and document these general topics:
• Employee Training
• Physical Distancing Guidelines With the concept of risk management in mind, it is important that you require contractors to provide their plans and protocols in writing in advance of the work being performed; if contracts are in place or about to be executed, you may want to make sure that there are terms relating to following these special orders relating to COVID-19. It is unclear as to whether the contractors will seek costs compiled for such requirements, but it is not out of the realm of possibility and is part of our new normal. It might be wise to draft contract terms and/or contract amendments for existing work that must start or restart soon, for the protection of all. It would be recommended to seek legal counsel and professional advice regarding the specifics of your project. In these uncertain times, we still must all take care of our homes and communities, while maintaining safe practices. Until things change once again, we must use our resources, the websites for our respective areas, and continue with the most “essential” work as defined in the government orders. By relying on the advice of professional advisors you can keep your HOA business safe, well-kept and well-run in the age of COVID-19, while keeping members, managers, workers and advisors safe. Chris Sigler is the President and owner of C.L. Sigler & Associates, Inc., a construction management and consulting firm that exclusively serves the HOA industry. He is a civil engineer by trade, with 30 years of engineering and construction experience, and is certified with the Construction Specifications Institute (CSI) as a Construction Documents Technologist. Chris can be reached at (760) 469-3048 or by email at chris@siglercm.com. CAI-CV.org
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WATER WISE
Restart Water Systems Safely After COVID-19 Closures By CVWD
In response to COVID-19, the Centers for Disease Control and Prevention (CDC) has updated guidance for building water systems and devices after a prolonged shutdown to help building managers reduce the risk from Legionella prior to reopening. Building closures and reduced occupancy affect all environmental systems operating inside buildings including 1) potable and non-potable water systems, 2) cooling towers, and 3) heating, ventilation and air conditioning (HVAC) that regulate interior relative humidity and control mold. These systems must be actively managed and maintained to protect the health of building users. In addition to managing systems during shutdown periods, building owners and operators
A
drop in building water use during COVID-19 closures can increase the risk for Legionella growth in building plumbing, cooling towers, pools, decorative fountains, hot tubs and other equipment. Even small amounts of stagnant water in building plumbing and associated equipment can provide optimum growing conditions that allow bacteria to multiply. People can breathe in small droplets of this contaminated water during some building uses when operation is resumed. When these small droplets are inhaled, Legionnaire’s disease or Pontiac Fever can develop. To prevent Legionella growth, water systems must be actively managed and maintained. Legionella is a bacterium found naturally in fresh water and, when allowed to grow and multiply in building water systems, can be the source of serious lung infections such as Legionnaires’ disease and Pontiac Fever.
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need to implement well thought out start up protocols to ensure public health protection when reopening closed or partially closed facilities. Each building is different and will require different actions based on its plumbing systems, use patterns, and source of water supply. Ensure the safety of your building water system and devices after a prolonged shutdown: People can get Legionnaires’ disease or Pontiac Fever when they breathe in small droplets of water in the air that contain Legionella. For CDC’s detailed recommendations regarding each step, links to toolkits, and specific methods to follow, visit: https:// www.cdc.gov/coronavirus/2019-ncov/ php/building-water-system.html
EIGHT KEY STEPS:
1. Develop a comprehensive water management program (WMP) for your building water system and all devices that use water
2. Ensure your water heater is properly maintained and the temperature is correctly set
3. Flush your building water system and associated equipment 4. Clean all decorative water features, such as fountains 5. Ensure hot tubs/spas are safe for use 6. Ensure cooling towers are clean and well-maintained 7. Ensure safety equipment including fire sprinkler systems, eye wash stations, and safety showers are clean
8. Maintain your building water system
HOA LAW
Reducing COVID-19 Liability
A
number of HOA leaders asked if their association could be sued if they opened their recreational facilities and someone catches the virus. Lawsuits are always possible but unlikely if boards are reasonable about when and how they open their facilities.
Purpose of Lockdown. The whole point of the nationwide lockdown was to slow down the infection rate so hospitals would not be overwhelmed. That has been achieved. Clearly, the virus will continue to spread through the population as restaurants, stores and hair salons reopen. Fortunately, hospitals now have the equipment and supplies they need to handle any additional outbreaks. Options. People want to return to normal and many are pressuring boards to open their recreational facilities now. Boards have three options: (i) open facilities despite stay-closed orders, (ii) wait until restrictions are lifted, or (iii) continue to keep facilities closed even when restrictions are lifted.
By Adrian J. Adams, Esq.
Lowest Risk. Keeping everything closed even when restrictions are lifted has the lowest risk because no one can claim they caught the coronavirus due to some alleged negligence by their association. However, keeping facilities closed until there is zero chance of anyone ever catching the virus is unrealistic. It means keeping everything closed until a vaccine is developed (assuming one can be found) and everyone in the association is vaccinated (an unlikely occurrence). Besides, members would not tolerate keeping facilities closed indefinitely.
Highest Risk. The option with the highest risk is to open facilities while stay-closed orders are still in place. If someone catches the virus and claims it occurred while the facilities were open in defiance of a health directive, it makes it harder to defend the board's actions. Also, the association would probably not have insurance coverage because the board's actions were contrary to an
executive order and because most policies have an exclusion for communicable diseases. Better Approach. The safer approach is to wait until applicable jurisdictions lift their stay-closed orders. At that point, associations can legally open their facilities. Then it becomes an issue of following reasonable guidelines. At a minimum, associations should adopt and post guidelines published by the Centers for Disease Control (CDC). If state, county or local guidelines are published, boards will want to implement those as well. Reduced Litigation Risk. If boards open their facilities in compliance with health department directives and follow published guidelines, it significantly lowers the risk of lawsuits being filed against the association. If someone were to sue alleging they contracted the virus from the association's gym, swimming pool, or clubhouse, proving causation will be a problem. How do they prove
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HOA LAW
FEATURE
Resolving HOA Neighbor-Neighbor Disputes in the Age of Coronavirus By Dick Lutringer
they caught it from the association's facilities and not the grocery story they just visited? Also, if the board followed applicable guidelines, how do they prove negligence? Hold Harmless Agreement. Although not necessary, boards could lower the risk of litigation further by requiring signed hold harmless agreements before residents use common area facilities. It creates another barrier for plaintiffs to overcome if they hope to win an award of damages. RECOMMENDATION: It is not possible for associations to keep common areas virus-proof. There is an inherent risk of exposure to the virus in any public place where people gather. All boards can do is reduce risk by taking reasonable precautions. To that end, boards should work closely with legal counsel as stay-closed orders are lifted and facilities reopen. At some point, enough people will have contracted the virus that it will have nowhere to go and will die out. Then we can return to more mundane risks related to water damage, mold, slip and falls, harassment, political campaigns, and the like. ADRIAN J. ADAMS, ESQ. is founder and managing partner of ADAMS | STIRLING PLC, a state-wide law firm specializing in community associations with offices throughout California. Adrian is on the board of the Foundation for Community Association Research, is a founding member of the Critical Issues Think Tank and serves on the national Task Force for Aging Infrastructures. Adrian is creator of the award-winning research website Davis-Stirling.com. 36
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H
ow is COVID-19 affecting the peaceful enjoyment of HOA residents? Since California’s “shelter in place” mandate came into effect on March 19, most families are effectively in their homes 24/7. Given the extraordinary conditions under which HOA residents are living, might we see noise and other unwanted intrusions lead to “home rage,” and, if so, can disputes be resolved virtually, without the physical presence of the parties? California law mandates that community associations require in their governing documents that disputes be directed to alternate dispute resolution (ADR), processes, including Internal Dispute Resolution (IDR or, “meet and confer”), and mediation prior to arbitration or litigation. (Davis-Stirling Act Sec.5900, et seq.) In general, disputes between two HOA neighbors, without any involvement of the association are not technically required by law to submit to mandatory IDR or ADR, but CC&R’s often provide that the procedure is available, and in some cases required. At the present time legal actions in California are severely restricted for the pendency of the COVID-19 crisis. Essentially all civil cases are effectively on hold, with filing and other deadlines having been automatically extended. There is no reason, however, why mediation should not be continued on an online basis. Many professional mediators are conversant with the technical and procedural aspects of online dispute resolution and can assure confidentiality of caucus discussions as well as of the entire proceeding. Parties are also likely to be more familiar with the medium through the now commonplace use of Zoom to participate in workshops, seminars, and church services. Is there a detriment to using online dispute resolution for the mediation of neighbor-neighbor disputes? Traditionally, mediation of neighbor-neighbor disputes has been a face-to-face in person process, the mediator using skills and experience to build trust with each of the opposing parties. Having the parties’ trust enables the mediator, through open-ended inquiry and active listening
FEATURE
"In general, disputes between two HOA neighbors, without any involvement of the association are not technically required by law to submit to mandatory IDR or ADR, but CC&R’s often provide that the procedure is available, and in some cases required." to uncover underlying interests of each party. These interests can range from a desire to, for instance, delay payment until year end for tax or accounting purposes, to a family‘s desire to remain resident in a particular district until the end of the daughter’s school year. Understanding each party’s underlying interests allows the mediator to help both parties brainstorm solutions that meet their own interests while also meeting the interests of the other party. Can a mediator appearing only online engender the same level of trust with parties as would be possible if both parties were present in the same location? A recent university law school study in which I mediated 30 separate disputes where one party was present with the mediator, while the opposing party only participated online found no significant difference between the level of trust bestowed on the mediator by each party. (See, Exon, Susan Nauss and Lee, Soomi, Building Trust Online: The Realities of Telepresence for Mediators Engaged in Online Dispute Resolution (February 3, 2019). Volume 49, Number 1, Stetson Law Review.) Sooner or later the COVID-19 crisis will end, but neighbor-neighbor conflicts will continue. Since the lifeblood of
management is effective communication, conflict among HOA residents presents a unique opportunity for leaders to demonstrate concern, fairness, and professionalism. Unfortunately, people in conflict are often unable to negotiate rationally due to the amygdala, the defensive mechanism in their brains, having temporarily taken control. In many cases an unmonitored conversation without guidelines may even make matters worse, particularly where the parties can only see the dispute as win-lose. Early intervention of a neutral trained in the techniques of facilitation or mediation may help the parties reach an amicable resolution thereby minimizing the risk of expensive and divisive litigation or arbitration and ensuring the “peaceful enjoyment” of the community. Dick Lutringer is a professional mediator at Lutringer Mediation Associates in Palm Springs. He has presented workshops to professional and community groups on the use of mediation to resolve family, business, HOA and partnership issues. His website is lutringerADRconsulting.com and he can be contacted at rlutringer@mac.com.
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37
INSURANCE
COVID-19: The Added Uncertainty of Insurance By Patrick Prendiville, CIRMS
I
t was just a few months ago that the entire world began to feel its way through this invisible killer known as COVID-19. For professionals from many industries, it has been a challenge to know the best way forward. Now, the HOA board is tasked with making decisions in the best interest of their respective communities. Paramount in these decisions is the question of liability, not only for the board, but for the HOA as a whole. The questions are all sound, and very similar. Unfortunately, the answers can be nuanced as we continue to navigate this global nightmare. The insurance industry has been quiet on the subject because we have not experienced liability claims related to COVID-19. However, the policies speak for themselves and there are some major obstacles to coverage. Many people have been wondering what would happen if an HOA was sued because someone claimed they caught COVID-19 at an HOA. Normally, sickness and injury would fall to the General Liability insurance policy. Imbedded in these policies are important provisions called “exclusions,” also known as “events your insurance policy won’t cover.” In particular, two jump out:
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Expected or Intended Injury Exclusion: If a reasonable person could or should expect the virus to be contracted because of actions taken or decisions made, this exclusion could apply. For instance, could one reasonably predict that someone might be injured as a result of removing the balcony rails? In the case of COVID 19, could one reasonably expect that a certain action, or inaction could lead to sickness? Mold and Microorganism Exclusion: Microorganism is defined to include viruses. This exclusion is in every insurance policy, and the insurance company could easily rely on it to deny coverage. However, if it's safe to assume that proving where someone picked up this highly contagious virus would be difficult, then you might ask: What's the problem? Well, at a minimum, the cost of defending the association could be a real budget buster and lead to untold difficulties, especially with current county requirements regarding monitoring, cleaning, and other safety precautions.
"The insurance industry has been quiet on the subject because we have not experienced liability claims related to COVID-19. However, the policies speak for themselves and there are some major obstacles to coverage." A defense upon ignoring such requirements could be very expensive. This leads us to a common insurance phrase: “duty to defend”. The concept here is that the insurance company MAY provide you a defense, even if they have not agreed to cover the actual damages. Well, there’s good news and bad news. In the plus column, the duty to defend is broader than the duty to indemnify. This means that it is easier for the insurance company to deny covering damages than it is to deny a defense. The negative side is that the above exclusions could be enough to deny every aspect of coverage, damages and defense.
CAI NATIONAL If the decision to open up the common area amenities sounds risky, then what happens if the HOA is sued for denying access? This claim would likely fall under the Directors and Officers Liability Insurance, also known as D&O, as a wrongful act. The theory would be that the homeowner is paying dues and is entitled to the enjoyment of the common area amenities. As for troublesome exclusions, bodily injury is excluded under all Directors and Officers policies, so an insurance company might try to argue that there is a link between the closing of the pool and the desire to avoid bodily injury. If so, the exclusion might deny coverage. The success of this argument will depend on the interpretation of the wording of the exclusion. There will be a wide range of phrasing in the exclusions, some more forgiving then others. The good news is that the previously mentioned “virus” exclusion typically does not exist in these policies. Although, it’s important to note that one rarely used carrier placed a COVID 19 exclusion on their policy just last week. However, conventional wisdom suggests that this is an anomaly and mainstream companies are unlikely to follow this move, at least at the moment. So, our position is that while we cannot state that a D&O claim will be covered, we do see more opportunity than on the General Liability Policy. The reality is we just don’t know yet. If claims are denied, then the courts and/or the insurance commissioner may very well get involved and force the issue one way or the other, as they have done many times in the past. All we know for certain is that the exclusions exist and appear to be significant hurdles at this time. The best advice is to tread carefully and be cautious, while relying on your attorney and management team for critical information. Until a precedent is set, likely by a court, the uncertainty of COVID-19 and insurance will remain.
• CAI’s exclusive research on the impact of COVID-19 and community associations can be found here: https://www.caionline.org/Pages/Impact-Survey.aspx
Patrick Prendiville is a Community Insurance and Risk Management Specialist and founded Prendiville Insurance Agency in 1988. Based in Rancho Mirage, Prendiville Insurance Agency services hundreds of HOA’s in the Coachella Valley. He can be reached at 877-532-7238, or Patrick@ PrendivilleAgency.com
• Q&A on Reopening Amenities during COVID-19. The video can be found on CAI’s YouTube channel and on CAI’s Coronavirus Resource Page.
CAI National – A Source of Nationwide HOA Resources on COVID-19 • GOVERNMENT ACTIONS: As communities consider opening pools and other amenities, they’ll need to check local, city and state guidelines, orders and ordinances. Chick out this powerful search tool for direct links to these documents for your locality here: https://www.caionline.org/Pages/covid19gov.aspx
• Facebook lead in: The #COVID19 pandemic has had an immediate and devastating effect on the U.S. job market and labor force. Read how community association managers have been protected from layoffs and furloughs as they provide #essentialservices to clients. >> https://blog.caionline.org/ community-managers-providing-essential-services/ • CAI webinar bundle to recognize National Mental Health Awareness Month. The bundle is a great resource for chapters to include in an email, post on social media, in publications, etc. • Facebook lead-in: In times of #crisis, we all have bad days. CAI is offering a new #webinar bundle to help you cope. Learn tips to manage chaos, strategies to control your emotions, and create a plan to boost productivity. >>https://bit.ly/3e56J66 • Promote the Exchange. The Exchange is the perfect virtual spot where CAI members can continue to connect. • The core of the #CAI community is our people. While we can’t see each other in person, we can still connect virtually on the CAI Exchange. Join now to ask questions and get answers to all your community association questions. >>https://www.caionline.org/JoinNow/Pages/default.aspx
• What does our next normal look like? In case you missed it live, watch our #COVID19 Q&A on how and when to reopen community association amenities and manage common areas. >>https://youtu.be/RYrdyzJD6xg CAI-CV.org
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MANAGER'S PERSPECTIVE
Comfort in the New Way of Life for the HOA A MANAGER’S PERSPECTIVE By Steven Shuey, PCAM
O
ur neighborhoods are still our neighborhoods…. The community is still the community. Even so, HOAs may operate a bit differently in the new normal. Several noticeable changes will take place in the administration of HOAs as a result of COVID-19. Of course, this means that costs will likely go up. Government guidelines are the new normal for HOAs and you can count on residents insisting on increased services like cleaning that may be beyond what the association’s current budget can handle. Housekeeping of the common areas will have a new focus with increased frequency, certified cleaning supplies, and increased costs. Video meetings will become the standard, and this may mean that HOAs will need to upgrade their technology.
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MANAGER'S PERSPECTIVE
"DON’T TRY TO ENFORCE THE COUNTY OR CITY MANDATES WITHOUT MAKING THEM YOUR OWN, WITH A RESOLUTION OF THE BOARD."
You can also expect increases from management companies and vendors who are dealing with the increased costs of doing business due to COVID regulations and guidelines. Every business that invites the public in, will have increased housekeeping costs. As the cost of doing business goes up, so does the price of services and products purchased by HOAs. For these reasons, budgets should be closely monitored and adjusted accordingly. We are encouraging boards to get comfortable with the new normal. Expect to continue to do business as usual without face-to-face meetings. Video conferencing will be more of a standard with fewer meetings in the conference room. Essential business transactions and legal documents will become electronic. Email decisions will still likely be off-limits, especially since video conferencing is so easy. As communities begin to reopen amenities, I have one caution for board members. Don’t try to enforce the County or City mandates without making them your own, with a resolution of the board. As an example, if
you are implementing the guideline to wear masks in public gatherings such as association meetings, approve a resolution declaring the rule; then you can enforce it. At the same time, if the county forces closing of the pool, make sure to have the sign on the gate that says, “by order of the county the pool is closed,” rather than making it look like it is a decision of the board. Most important, stay happy, healthy, safe, and comfortable in our new normal. Our communities are counting on us! Steven Shuey co-chair of the CAI-CV Education Committee, serves on the chapter Board of Directors, and is a certified Professional Community Association Manager (PCAM). He serves on CAI’s national faculty and is a past board member of the APCM. He is a community association consultant with Personalized Property Management. In January 2017, Steven was awarded the lifetime achievement award from CAI-CV. You can reach Steven at IslandMgr@aol.com or follow him on Twitter (www.twitter.com/@IslandMgr).
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41
LANDSCAPING
Landscape Maintenance in the COVID-19 Era
"Most community
By Glenn A. Miller, CGCS
and this sometimes
managers are working from their homes part or full-time causes delays in communication."
S
even weeks ago, the world as we knew it changed for the foreseeable future. The state ordered shutdown of Riverside County cities radically changed the way we all do business. As owners of an established landscape maintenance company, my partner and I felt truly fortunate that our business was deemed an “essential� service. We were able to continue to operate our company, keep all our employees on payroll, and service our clients. We also came to realize the many and diverse challenges that momeowner associations and community management professionals would face under this new normal.
"What became readily apparent after we analyzed the ever-changing state, county and local COVID regulations is that COMMUNICATION with our clients was going to become more important than ever."
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What became readily apparent after we analyzed the ever-changing state, county and local COVID regulations is that COMMUNICATION with our clients was going to become more important than ever. First, it was vital that we assured our homeowner association boards that there would be no interruption in their normal landscape maintenance services. Next, we had to communicate that our landscape team members were observing all applicable social distancing rules, wearing masks, gloves, and protective clothing, as necessary. Luckily, safety precautions have been an integral part of our business, so this was not a big adjustment for our company as safety has always been a top priority. Next, we had to find new ways to communicate with our clients and the management companies that we work with. Most community managers are working from their homes part or full-time and this sometimes causes delays in communication. To address this, we now regularly schedule Zoom video conferences with our clients to keep them updated on the landscape programs for their respective communities.
FEATURE We also provide weekly email updates to community managers and board members on the status of ongoing work and upcoming projects. And, finally for those clients who still feel comfortable holding in-person meetings and property walk-throughs, we are still available to meet in person, as what could now be characterized as an “old school” way of doing business. As we enter what hopefully is the reopening of our state and local economies in the coming weeks, we feel incumbent to advise our clients about the importance of maintaining the consistency of your existing landscape maintenance program, while at the same time closely monitoring the financial health of your association. During the coming months it will be extremely important for boards and management professionals to closely monitor potential shortfalls in association assessment income during the second and third quarters of 2020. Should your association find itself in a situation of reduced operating income we encourage you to reach out to your landscape professional to see what adjustments can be made to your landscape maintenance program to keep your association on budget, while at the same time maintaining the integrity and aesthetics of your community’s landscaping. I believe if we all work together, we will get through the COVID-19 crises and come out stronger and better on the other side. Glenn A. Miller is the Mayor of Indio and Co-Owner & Vice President of Operations of Southwest Landscape & Maintenance, LLC. You can reach Glenn at Glenn@swlandscape.net or by calling (760) 590-8544.
Novel Coronavirus COVID-19 Testing Centers Riverside County is offering COVID-19 testing at the following locations: Indio:
Indio Fairgrounds (46350 Arabia Street, Indio, 92201) Sunday through Thursday – 6:30 a.m. to 1 p.m.
Lake Elsinore:
Diamond Stadium (Lot C) (500 Diamond Drive, Lake Elsinore, 92530) Sunday through Thursday – 9:30 a.m. to 3 p.m. Individuals with symptoms may make appointments for the Lake Elsinore site at www.projectbaseline.com/study/ covid-19. Asymptomatic individuals may call (800) 945-6171 to make an appointment.
"...reach out to your landscape professional to see what adjustments can be made to your landscape maintenance program to keep your association on budget..."
Perris:
Southern California Fair and Events Center (18700 Lake Perris Drive, Perris, 92571) Tuesday through Saturday – 9 a.m. to 3 p.m.
Riverside:
Harvest Community Church (6115 Arlington Ave., Riverside, 92504) Tuesday through Saturday 9:30 a.m. to 3 p.m.
Testing is available by appointment only; we are not able to accommodate walk-ins. Please call 800.945.6171 to schedule an appointment. Appointments may be made whether or not individuals are experiencing symptoms.
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43
SECURITY
Opening Amenities With the Assistance of Security By Kimberly Burnett
A
s Coachella Valley HOAs begin to reopen amenities, there are some best practices for managers and boards to consider. First and foremost is understanding and addressing the concerns of residents. Today, these include social distancing, cleanliness, rule enforcement, liability and how soon will things get back to normal. Providing residents with a way to weigh in with their concerns and priorities will help with reopening amenities. Many HOAs have open forums at their board meetings to gather input and “great ideas� from their members. After collecting input from members, a formal plan with policies and enforcement can be put in place so that there is clarity for any changes that residents are expected to abide by. These plans should rely heavily on professional advisors and counsel before being adopted. Having security officers present in common areas at peak hours can serve to encourage compliance to the new policies. They can be a gentle reminder at the gates, pools, and clubhouse. If you have a manned gate, the officers can assist with disseminating new policies while they are checking in guests, residents, and vendors. For example, officers could distribute printed copies of new safety policies. Let’s say that your community has decided that face masks should be worn in common areas and by vendors. The officer can politely let the vendor know what the face mask policy is for your community.
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Officers could also perform temperature checks of anyone coming into the community if that policy was adopted by the board. Monitoring social distancing at the pool can easily be done by having a security officer at the gate to limit the number of people in the pool area. The officer could hand out wipes or other cleaning supplies so residents can prepare their own areas prior to and after their use. Officers can monitor social distancing in pool area while handling any issues where homeowners are uncomfortable at the pool. Having the officer track attendance and problems around the pool area could be helpful should there be future litigation. Another example would be if an HOA decided to provide cleaning supplies at tennis courts, pickleball courts or gyms,
"If the HOA decided to provide cleaning supplies at tennis courts, pickleball courts or gyms, an officer can monitor and refill supply levels of supplies as part of their patrols of the community."
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
an officer can monitor and refill supply levels of supplies as part of their patrols of the community. Some HOA’s have discussed setting appointments for the tennis courts and having cleaning crews to clean between matches. If clipboards are set up at the courts for cleaning crews to sign off, officers can monitor them while touring the property. This would provide documentation for property manager and board reference. If the courts were not cleaned, officers can notify the appropriate person and make sure the courts are not used until they have been sanitized. This process can also be used for bathroom cleanings. The officer can make sure they are being completed in compliance to the schedule decided by the community. The key to maintaining a safe community during COVID-19 is clear communication about the policies and providing monitoring to encourage compliance. Working together, boards and residents can work with vendors like security personnel to maximize the comfort and safety of their communities during the COVID-19 crisis. Kimberly Burnett is the Business Development Manager at DSI Security Services. Kimberly can be reached at (909) 238-3827 or by email at kburnett@dsisecurity.com.
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ABOUT CAI-CV
Understanding Virtual Meetings & Webex By Jay Jarvis, CMCA, CCAM
D
uring these days of distancing, Web meetings are becoming an organization’s lifeblood. CAI-CV has chosen Webex as its online meeting tool. If you know how to use Zoom or other meeting programs, you should have no problems with Webex. The first thing to be aware of with any video meeting is that your colleagues will see anyone and anything in the camera’s range – if you don’t want your set-up to show off the six-foot statue of an alien visitor you bought in Roswell that stands menacingly in your den, pick your location accordingly. Also, as a courtesy, warn others in your house that you are about to take part in a video meeting so they don’t accidentally provide unintended entertainment. Invitations to Webex meetings contain a link to download the application. You can either install the software, or you can attend through the web browser, without loading the application onto your computer. Either way, when you respond that you plan to attend, you will receive a link. Click on it to enter the meeting.
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"INVITATIONS TO WEBEX MEETINGS CONTAIN A LINK TO DOWNLOAD THE APPLICATION."
ABOUT CAI-CV
SUGGESTED VIEW FOR TODAY’S PROGRAM
(Active Speaker View… Give it a try, or use any preferred view)
Once you have clicked to join the meeting, choose the settings you want. These settings are usually located at the bottom of the screen. Be sure that your name in the display reads the way you want your colleagues to see it – you may never live down the Squiggy Bear moniker that you typed in for the chat with your niece’s toddler and forgot to change. You also need to click on the video and audio buttons, to ensure that the other attendees can see and hear you. Once the meeting starts, mute the sound except when you are speaking to avoid having everyone else hear your phone ring or your dog bark. Also, remember that all your facial expressions and most body movements are visible, just as if you were in a live meeting. If you need to leave your space for some reason, you may wish to click the video button to turn your video feed off until you return. CAI-CV has extended this new video approach to the educational courses. Members are automatically receiving information about upcoming courses. All courses are presented at no cost during the crisis; you just go to CAI-CV.org and sign up for the event you would like to attend. The downside is that you must bring you own food to the luncheon events. Plan on all events being recorded, so if you don’t want
your voice and video recorded, mute them out. For more information on how to use Webex, the following YouTube video contains useful tips. https://www.youtube.com/ watch?v=ru85544RveA
E.J. (Jay) Jarvis II, CMCA, CCAM is community manager with HOA Office, Inc., Past President, Lafayette Village Homeowners Association, Past President and On-site manger Portola Palms Homeowners Association. Jay can be reached at jay@HOAOffice.net.
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47
HOA LAW
Should Associations Open Their Pools?
By Jennifer James, Esq.
W
ith conflicting recommendations, many associations are left wondering what they can or cannot do within their communities. Many community associations have closed their pools in response to the epidemic and quarantine orders, and city and county-run pools remain closed. However, on May 6, 2020, Riverside County health officials recommended new pool use guidelines for apartment complexes and homeowner associations. The guidelines were prepared by the Department of Environmental Health with the assistance of Dr. Cameron Kaiser, Riverside County's public health officer. The purpose in providing these guidelines is to encourage safe outdoor activity while under the current shelter-in-place order. The guidelines are as follows: • Six feet separation should be implemented, and swimmers should limit themselves to lanes. • No large groups or pool parties. Residents of the same household may swim together. • Lounge chairs and/or tables should be properly distanced. If they cannot be distanced, they should be secured and stored. • Residents should wear a cloth face covering when traveling through common areas of the property where it may not be possible to maintain physical distancing, including to and from the pool, barbeque area and shared restrooms. • Residents should bring hand sanitizer, or it should be provided by pool operator. • Operators should frequently check shared restrooms to ensure they are stocked with hand soap and paper towels. • Operators should use scheduled time slots on the busiest days.
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• Operators should close the spa or limit use to 1 person or household at a time (post signage). • Create a written disinfection plan that identifies frequently touched surfaces, a schedule, and designated person to complete disinfection tasks. • Use an EPA-approved disinfectant on commonly touched surfaces, including but not limited to: gate, latch, tables, chairs, drinking fountain, pool handrails and countertops. In shared restrooms: door handles, light switches, faucets, latches and dispensers. • Post signage reminding residents to wash their hands frequently with soap and water, cover coughs and sneezes, and to avoid the pool area if they are experiencing symptoms of illness including a fever of 100°F or above, sore throat, runny nose, chills, not feeling well, sneezing, coughing, abdominal pain or diarrhea. Riverside County health officials caution that safe water, sanitation and hygiene are essential to protecting human health during disease outbreaks. They state there is no evidence that COVID-19 can be spread to humans through the use of pools and spas, however, maintaining good chlorine levels in community pools may help to prevent its spread. Despite these recommended guidelines set forth by Riverside County health officials, there are differing opinions in the legal community whether community associations may legally reopen their pools at this time. Indeed, some attorneys believe that the State of California prohibits pool use at this time, including pools in community associations. Whereas, other attorneys are following the recommended guidelines from Riverside County health officials in advising their clients how to safely reopen their community association pools.
HOA LAW
"Some associations are beginning to use waivers as a protective measure as well. Any and all protective measures the association takes regarding the health of its members should be clearly documented."
Some of my clients are considering reopening their pools and have asked for guidance in doing so. I was recently asked whether an association that reopens it pool could shift the responsibility of disinfecting commonly touched items in the pool area to the owners. If an association opts to shift the responsibility of disinfecting the pool areas to the owners, I would suggest that, at a minimum, the association provide the disinfectant and post signs that pool users should disinfect prior to use and that each pool user is accepting any and all risk in using the pool facility related to, but not limited to, COVID-19. Hiring personnel to disinfect the pool area would also be wise. Some associations are beginning to use waivers as a protective measure as well. Any and all protective measures the association takes regarding the health of its members should be clearly documented. I was also recently asked whether associations are required to post the recommended signage regarding pool use recommendations. Because the Riverside County health guidelines are not required, associations are not required to comply with them. Thus, associations are not required to post signage related to COVID-19. With that said, however, it would be wiser for associations to, at a minimum, follow the recommended county guidelines to help protect the association from potential claims that the association in some way posed danger to its residents by causing the spread of the virus. It would be hard to prove, but by following the recommended county guidelines, the association is actively attempting to protect its residents by taking precautions suggested by the Department of Environmental Health.
Because there is uncertainty and differing opinions by community association industry leaders, it is more important than ever for community associations to consult with and obtain written opinions from their association experts. Relying on written opinions provided to your individual association will help protect your association from potential liability should any such decision, such as reopening the community association pool, be questioned or the subject of future litigation. Clearly, the most conservative approach is to keep your community association pool closed. However, many associations are anxious to reopen pools with the increasing temperatures, especially with the stay at home order in place. For those communities that decide to reopen their pools at this time, it is strongly recommended to rely on your industry experts and to also utilize and document all precautionary measures taken.
If an association decides to reopen their pools at this time, I do believe the recommendations by Riverside County health officials are reasonable and should, at a minimum, be followed. In addition to the recommendations, I also encourage my clients to install hand sanitizer, among other precautionary measures, in the pool areas. This is good practice even without the concern of COVID-19. The more associations do to help protect their residents by relying on the advice of its industry experts, the better associations will protect themselves from potential liability. Jennifer James, Esq. is Of Counsel to Green Bryant & French, LLP and has been providing legal services to common interest communities for more than 15 years. Ms. James can be reached at (760) 565-5889 or Jennifer@JenniferJamesLaw.com. CAI-CV.org
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49
FEATURE
Riverside County Joint Information Center May 6, 2020 Riverside County NEWS RELEASE
CONTACT: Riverside County Joint Information Center (951) 955-5087
ENVIRONMENTAL HEALTH ISSUES GUIDANCE ON SHARED POOLS IN RESPONSE TO CORONAVIRUS
R
iverside County health officials are issuing guidelines for the use and operation of community pools in response to the coronavirus epidemic. The guidelines were developed by the Department of Environmental Health with input from Dr. Cameron Kaiser, Riverside County public health officer, and applies to pools and spas at apartment complexes and those operated by homeowners’ associations. “While we continue to stay in place, we want residents to benefit from as much safe activity outdoors as possible,” said Board Chair V. Manuel Perez, Fourth District Supervisor. “These guidelines are a sensible way to do that with community swimming pools.” Health officials emphasized these are guidelines and not requirements for community pool operators. • Six feet separation should be implemented, and swimmers should limit themselves to lanes. • No large groups or pool parties. Residents of the same household may swim together. • Lounge chairs and/or tables should be properly distanced. If they cannot be distanced, they should be secured and stored. • Residents should wear a cloth face covering when traveling through common areas of the property where it may not be possible to maintain physical distancing, including to and from the pool, barbeque area and shared restrooms.
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• Residents should bring hand sanitizer, or it should be provided by pool operator. • Operators should frequently check shared restrooms to ensure they are stocked with hand soap and paper towels. • Operators should use scheduled time slots on the busiest days. • Operators should close the spa or limit use to 1 person or household at a time (post signage). • Create a written disinfection plan that identifies frequently touched surfaces, a schedule, and designated person to complete disinfection tasks. • Use an EPA-approved disinfectant on commonly touched surfaces, including but not limited to: gate, latch, tables, chairs, drinking fountain, pool handrails and countertops. In shared restrooms: door handles, light switches, faucets, latches and dispensers. • Post signage reminding residents to wash their hands frequently with soap and water, cover coughs and sneezes, and to avoid the pool area if they are experiencing symptoms of illness including a fever of 100°F or above, sore throat, runny nose, chills, not feeling well, sneezing, coughing, abdominal pain or diarrhea Safe water, sanitation and hygiene are essential to protecting human health during disease outbreaks. There is no evidence that COVID-19 can be spread to humans through the use of pools and spas, however, maintaining good chlorine levels in our community pools may help to prevent its spread. For more information regarding health and safety requirements for community pools and spas visit: http:// www.rivcoeh.org/OurServices/PoolsSpasWaterFeatures.
Meet the Board Board Member Dea Franck, Esq. By Jay Jarvis Quorum’s profile series of members of the CAI-CV board of directors continues with Dea Franck, Esq. Dea came to CAI-CV through a different route than most of the other board members; she is an attorney who specializes in homeowners association law. Dea is a shareholder and senior Dea Franck, Esq. attorney at Epsten, APC, one of Epsten, APC Southern California’s largest law firms serving community associations. Originally from Martinez, California, which is located near San Francisco, Dea started her career in a completely different direction from law: She earned her B.A. in drama in 2003 from the University of California, Irvine. After several years as a freelance stage manager for opera companies around the United States, Dea decided it was time for a change. She entered Thomas Jefferson School of Law, in San Diego, where she was selected as editor-in-chief of the law review. She received her J.D. degree summa cum laude, as the class valedictorian, in 2011. Upon graduation, she served as a law clerk to the Honorable Alexa D. M. Fujise, associate judge at the Hawaii Intermediate Court of Appeals, in Honolulu. Dea is an avid collector of “Hawaiiana,” a passion that predates her clerkship in the 50th state. Her large collection of vintage tiki items lives in her home, her office, and even in her front yard. She laughingly points out that, despite her legal specialty, she does not live in a community with an HOA, and presumably, does not need to worry about the powers-that-be objecting to her tikis. As an attorney, Dea enjoys working with managers, board members, and homeowners alike and regularly speaks at local CAI, management company, and firm events. “One of the best parts of being an attorney is the opportunity to help others,” she says. “I genuinely love what I do.” E.J. (Jay) Jarvis II, CMCA, CCAM is community manager with HOA Office, Inc., Past President, Lafayette Village Homeowners Association, Past President and On-site manger Portola Palms Homeowners Association. Jay can be reached at jay@HOAOffice.net.
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51
POOLS
10 Summertime Water Safety Tips By Mark Feldstein
A
s associations begin to reopen amenities this summer, swimming pools can be one of the favorite places to escape the Valley heat. While people of all ages love the water, HOAs have a responsibility to pay attention and exercise diligence to promote everyone’s safety, especially if children are present. Be smart around water and follow these and other water safety tips. As you update your pool rules, here are 10 of the most important water safety tips for families to consider. Place these tips in your community newsletter and have them available in your pool area as reminders.
HERE ARE 10 OF THE MOST IMPORTANT WATER SAFETY TIPS TO KEEP IN MIND.
1. While children are in the pool, they need undivided attention. Never, ever allow children to be alone in the pool at any age. Best practice is to have an adult sit at such a position where they can clearly see the bottom of the pool – in other words, don’t sit so far from the pool edge that you can’t see if a child gets in trouble and sinks to the bottom.
2. The American Academy of Pediatrics recommends that an adult who knows how to administer CPR should always actively supervise children. While this is not always possible, the best solution is prevention. Prevent tragedies before they happen.
3. Children under the age of five should never be more than an arm’s length away from the supervising adult. 52
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4. Always keep rescue equipment accessible. Make sure residents know where the equipment is stored.
5. Ask parents to teach children that the fence barrier around a commercial pool is there for a very important reason. It is not there as a challenge to climb. When the gate is locked and an adult is not there to supervise, it means to stay out of the pool area!
6. After using the pool, ask that any pool toys from in and around the pool are removed to avoid the temptation to get in the water unsupervised. Also, consider these as possible trip hazards; tripping and bumping your head and falling into a pool is a recipe for disaster.
7. Having fun as a group around the pool? That is great, but always designate one adult to be the “Water Watcher.” That way there is no confusion about who is watching the children. Switch the designated adult, as necessary.
8. When children are getting too rowdy, ask parents to calmly remove them from the pool and explain the dangers to them. Do not let them return to the pool until they have calmed down.
9. Do not confuse air-filled swimming aids, like water wings or puddle jumpers, with life jackets. They are not the same thing.
10. Finally, never make assumptions. Just because a child knows how to swim does not mean that he or she is always safe in the water and no longer needs supervision. By the way, water safety is not just for children. Always be diligent! Bonus Tip: Kids can begin swim lessons as early as two months old. In 2009, drowning risks reduced by 88% when children between the ages of one and four participated in formal swimming lessons. Following these water safety tips will help ensure that your community will have a fun and safe summer in and around the pool. There are additional resources for families on the PoolSafely.gov website. There is even the "Pool Safely Pledge" that families can take to make sure everyone is committed to pool and water safety. We hope you have an awesome summer. Have fun and stay safe! Mark Feldstein is the CFO and Sales Manager for Gardner Outdoor and Pool Remodeling. He can be reached at (909) 374-5520 or by email at markf@gardnerremodel.com. Gardner Outdoor and Pool Remodeling has been serving the Southern California area since 1969. As one of only 50 licensed PebbleTecŽ applicators in the entire United States and the exclusive SoCal referral partner of Leslie’s Pool Supplies, Gardner Remodeling is the premier pool contractor in San Diego County, LA County, Orange County, and Coachella Valley. You can contact our Indio office at 760-342-9756.
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BLACK IS FOR LOCAL EVENTS
CAI-CV UPCOMING EVENTS
SIGN UP FOR LOCAL EVENTS AT CAI-CV.ORG AND FOR CAI NATIONAL EVENTS AT CAIONLINE.ORG
JUNE
JULY
CAI-CV’s Board Member Workshop (for board members) WHEN: Tuesday, June 2, 2020, 10:00 A.M. (NEW TIME) W HERE: Webex (Virtual Meeting) FREE Thanks to the generosity of our sponsors
CAI-CV’s Annual Bowling Tournament (for all members) NEW DATE: Friday, July 10, 2020, 5:30 P.M. (Pending county guidelines originally scheduled on June 26th) W HERE: Palm Springs Lanes, Cathedral City
CAI-CV’s HOLIDAY Golf Tournament (for all managers) (Originally June 5) NEW DATE: Friday, December 4, 2020 W HERE: Desert Princess Country Club, Cathedral City
CAI-CV’s Assistant Manager on the Run
CAI-CV’s Manager on the Run (for managers) WHEN: Friday, June 5, 2020, 8:30 A.M. W HERE: Webex (Virtual Meeting)
NEW – COVID-19 UPDATE - ASK THE ATTORNEY
CAI-CV’s Educated Business Partner Course (for business partners) POSTPONED (originally scheduled for June 5th) CAI-CV’s Summer Sizzler (for all members) POSTPONED (originally scheduled for June 5th)
(for assistant managers)
WHEN: FRIDAY, JULY 10, 2020, 8:30 A.M. W HERE: Webex (Virtual Meeting) (for all members)
WHEN: Friday, July 17, 2020, 12:00 P.M. TO 1:00 P.M. W HERE: Virtual via Zoom CAI’s M-100 Financial Management (for managers) WHEN: Thursday - Saturday, July 23-25, 2020 W HERE: CAI-CV Classroom, Palm Desert (Pending county guidelines)
OTHER CALENDAR CHANGES OCTOBER CAI-CV’s Board Member Workshop (for board members) (Originally March 27th) NEW DATE: Friday, October 2, 2020 3:30 P.M. TO 5:30 P.M. W HERE: Shields Date Garden, Indio CAI-CV’s Corks for CLAC Wine Tasting (for all members) (Originally March 27th) NEW DATE: Friday, October 2, 2020 5:30 P.M. TO 8:00 P.M. W HERE: Shields Date Garden, Indio
CAI’s National Conference (June 10-13) CANCELLED NEW – COVID-19 UPDATE - ASK THE ATTORNEY (for all members) WHEN: FRIDAY, JUNE 12, 2020, 12:00 P.M. – 1:00 P.M. W HERE: Virtual via Zoom/Register online at www.cai-cv.org CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members) WHEN: FRIDAY, JUNE 19, 2020, 12:00 P.M. - 1:30 P.M. W HERE: (Virtual Meeting)
Due to the COVID-19 crisis, dates, times and venues may change. Please watch for email updates or visit CAI-CV.ORG or use CAI-CV's convenient app. You may also call the CAI-CV office at 760-341-0559 for calendar updates.
2020 CORPORATE SPONSORS TITANIUM________ AMS Paving, Inc. Associa Desert Resort Management Bissell Design Studios, Inc. Cartwright Termite & Pest Control, Inc. Conserve LandCare Fiore Racobs & Powers, A PLC Gardner Outdoor and Pool Remodeling Prendiville Insurance Agency Roof Asset Management Signarama Vantage Point Construction, Inc. Western Pacific Roofing
PLATINUM________
GOLD____________________________________________________
SILVER____________
BRONZE________________________________________________
Asphalt MD's C. L. Sigler & Associates, Inc. NPG Asphalt Pacific Western Bank Sherwin-Williams Paint Company
Automation Pride CIT Cooper Coatings INC Delphi Law Group, LLP Diversified Asphalt Products Dunn-Edwards Corporation DWI Frazier Pest Control, Inc. Guralnick & Gilliland, LLP LaBarre/Oksnee Insurance Agency, Inc. Powerstone Property Management Sunshine Landscape Superior Roofing Three Phase Electric Tinnelly Law Group
Alliance Association Bank BRS Roofing Inc. DSI Security Services EmpireWorks Reconstruction and Painting Epsten, APC
Adams Stirling, PLC Advanced Reserve Solutions, Inc. Alan Smith Pool Plastering Allied Universal Animal Pest Management Services, Inc. Beaumont Tashjian Ben's Asphalt & Seal Coating Brabo & Carlsen, LLP Community Legal Advisors Inc. Desert Concepts Construction, Inc.
Flood Response Green Bryant & French, LLP Horizon Lighting Inc. Nissho of California, Inc. Patrol Masters, Inc.
ET Water FC Landscape Fenton, Grant, Mayfield, Kaneda & Litt, LLP FirstService Residential MeterNet NLB Consulting O'Connell Landscape Maintenance Patio Shoppers, Inc. Popular Association Bank PrimeCo
Powerful Pest Management Pro Landscaping, Inc. Roseman Law, APC Seacoast Commerce Bank UgMo Technologies
RealManage Rey Insurance Services, Inc. S. B. S. Lien Services SCT Reserve Consultants, Inc. Sunstates Security The Naumann Law Firm, PC TXT2Vote Union Bank Vista Paint Corporation