Quorum April 2021

APRIL 2021

$5.95

10

APRIL 2021

Palm Valley Homeowners Association, Inc.

FEATURES 9 COVID-19 Vaccines 22 40+ Years of Accounting and Taxation for Community Associations. What has Changed?

28 First Three HOAs to Receive Coveted Medallion Community Recognition 30 CAI-CV 40th Anniversary Interviews with Past Presidents 31 CAI-CV Membership Drive 49 CAI-CV Launches New Career Center

MAKING [COMMUNITY]

HAPPEN Secure your community’s future with national resources and local expertise.

Associa Desert Resort Management is uniquely positioned to help your community accomplish any goals. Top-tier management, comprehensive maintenance and a customizable menu of additional services ensure your community thrives, and our local, qualified staff are committed to being your trusted advisors every step of the way.

CONTACT US TODAY! John Walters-Clark, CMCA®, AMS® Director of Marketing/Business Development 42635 Melanie Place | Suite 103 Palm Desert, CA 92211 | 760.610.7696 jwalters-clark@drminternet.com

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Quorum April, 2021

Honesty, Quality, Integrity. These guiding values have allowed AMS Paving to become the #1 choice for community associations in the Coachella Valley.

Proudly serving The Coachella Valley since 1981!

Our Services: • Asphalt Repair, Patching & Crack Seal • Asphalt Removal & Replacement • All types of Slurry Seals • ADA Compliance • Striping

Pave

Perform

Protect

760.327.0800 ● amspaving.com ● Lic: #415436 75-150 Sheryl Ave., Ste. D, Palm Desert, CA 92211

CA LIC. #907600 AZ LIC. #286198

www.brsroofing.com

CAI-CV.org

facebook.com/CAICV

@CAI-CV

3

ADVERTISERS ASPHALT AMS PAVING..................................................................3 ASPHALT MD'S..............................................................6

ATTORNEYS E X P E R I E N C E • I N T E G R I T Y • V I S I O N

DELPHI LAW GROUP, LLP...............................................4

A FULL SERVICE LAW FIRM IN THE FIELD OF COMMUNITY ASSOCIATION LAW

FIORE RACOBS & POWERS, A PLC..............................13

• Corporate Counsel • Assessment Collection & Recovery • Governing Document Interpretation & Enforcement • Document Restatement & Amendment • Civil Litigation • Architectural Compliance • Dispute Resolution • New Development Services • FHA Certification • Board Education

(8 4 4) 4 D E L P H I

BANKING POPULAR ASSOCIATION BANKING................................4

CONCRETE GAUSTON CORP...........................................................40

CONSTRUCTION EMPIREWORKS RECONSTRUCTION.............................43 VANTAGE POINT..........................................................16

CONSTRUCTION CONSULTING C.L. SIGLER & ASSOCIATES INC..................................51

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INFO @ DELPHILLP.COM

BISSELL DESIGN STUDIOS, INC...................................20

FLOOD AND RESTORATION FLOOD RESPONSE.......................................................50

GATES & GARAGE DOORS AUTOMATION PRIDE....................................................13

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

INSURANCE PRENDIVILLE...............................................................20

LAKE MAINTENANCE

We offer:1 • Competitive fixed rates.

• Financing for building repairs and capital improvements.

• Excess FDIC insurance coverage limits, available with ICS® and CDARS®.2 • Cash management and lockbox services.

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Learn more: Larry Hooper, VP Office: 714.864.5171 Cell: 949.842.6161 Toll free: 800.233.7164 LHooper@popular.com

ASSOCIA DESERT RESORT MANAGEMENT...................2

LANDSCAPING CONSERVE LANDCARE................................................43 DESERT ARC................................................................41 PRO LANDSCAPING, INC..............................................16 VINTAGE LANDSCAPE..................................................26

MANAGEMENT J&W MANAGEMENT....................................................26 POWERSTONE PROPERTY MANAGEMENT..................33

PEST CONTROL POWERFUL PEST MANAGEMENT................................35

POOLS GARDNER OUTDOOR AND POOL REMODELING...........29 www.popularassociationbanking.com

1. Subject to credit approval. 2. ICS® and CDARS® are registered service marks of IntraFi Network, LLC. Copyright © 2021 Popular Bank. Member FDIC.

ROOFING BRS ROOFING INC.........................................................3 WESTERN PACIFIC ROOFING.......................................35

TAX AND AUDITING SERVICES NEWMAN CERTIFIED PUBLIC ACCOUNTANT, PC...........3

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Quorum April, March,2021 2021

CONTENTS

2021 QUORUM COMMITTEE MEMBERS JENNIFER JAMES, ESQ., CHAIR

CAI-CV

EDUCATED BUSINESS PARTNER

HOA Legal Services

RODNEY BISSELL, CO-CHAIR

CAI-CV

EDUCATED BUSINESS PARTNER

Bissell Design Studios, Inc.

MARILYN RAMOS, CO-CHAIR Guralnick & Gilliland, LLP

STEVEN SHUEY, PCAM BOARD LIAISON

Personalized Property Management

KIMBERLY BURNETT

CAI-CV

EDUCATED BUSINESS PARTNER

DSI Security Services

DIANE CARMONY

Coachella Valley Water District

SIERRA CARR, CMCA

Associa Desert Resort Management

GRISELDA CORONA F.C. Landscape

MEAGHAN GAFFNEY-HOWE

9 COVID-19 Vaccines

JAY JARVIS, CMCA, CCAM, AMS

10 Palm Valley Homeowners Association, Inc.

CHEYENNE LANDRY

Newman Certified Public Accountant, PC

BRUCE LATTA, CMCA Parc La Quinta HOA

GLENN A. MILLER, CGCS

Southwest Landscape & Maintenance, LLC

GRACE PALUCK, CMCA

The Management Trust Desert Division

MIKE REY

CAI-CV

Rey Insurance Services A FARMERS® Insurance Agency

CHRIS SIGLER, B.S.C.E, CDT C.L. Sigler & Associates, Inc.

CAI-CV

By Marilyn Ramos

22 40+ Years of Accounting and Taxation for Community Associations. What has Changed?

By Jeremy Newman, CPA

28 First Three HOAs to Receive Coveted Medallion Community Recognition

By Mike Traidman

30 CAI-CV 40th Anniversary Interviews with Past Presidents Kay Ladner, PCAM, CAI-CV President in 1994

By Louise Stettler

HOLLY SMITH, CMCA, AMS

31 CAI-CV Membership Drive Sponsored by Prendiville Insurance Agency

GEN WANGLER, ESQ.

49 CAI-CV Launches New Career Center

Associa Desert Resort Management EDUCATED BUSINESS PARTNER

FEATURES

The Gaffney Group, Inc. HOA Office, Inc.

EDUCATED BUSINESS PARTNER

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CREATIVE DIRECTOR & GRAPHIC DESIGNER RODNEY BISSELL Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749

ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION admin@cai-cv.org SUBSCRIBER SERVICES

The Coachella Valley Quorum Magazine is a publication expressly prepared for association leaders, managers and related business professionals of the Community Associations Institute. Members are encouraged to submit articles for publishing consideration. All articles accepted for publication in Quorum are subject to editing and rewriting by the Quorum Committee.

Quorum Magazine is printed at the CAI-CV Office on a Xerox Versant 180 Press. Discounted printing is now available to CAI members. Call Bissell Design Studios, Inc. at (714) 293-3749 or the CAI-CV office for more information, (760) 345-0559.

By CAI-CV’s Professional Managers Committee

EVENTS 16 Board Member Workshop – Fundamentals of Reserves Tuesday, April 13, 2021, 9:00 a.m.

19 CAI-CV is Going Live in October – NEW EVENT DATES 23 Legislative Week at the Capitol 43 CAI-CV Educational Lunch Program and Virtual Mini Trade Show Balconies, Roofs & Paving: Nuts & Bolts of Better Maintenance Friday, April 9, 2021, 11:30 a.m.

43 March Program Sponsors 52 Upcoming Events CAI-CV.org

facebook.com/CAICV

@CAI-CV

5

Brought to you by Gardner Outdoor and Pool Remodeling 801 Gable Way El Cajon, CA 92020 | gardnerremodel.com

Do you need a little levity in your life?

The Quorum Committee is collecting recipes for upcoming issues.

Send your favorites to RECIPES at ADMIN@CAI-CV.ORG.

CAI-CV

EDUCATED BUSINESS PARTNER

Choose Educated Business Partners Julie R. Balbini, Esq., Fiore Racobs & Powers, A PLC Micha Ballesteros, Cartwright Termite & Pest Control, Inc. Roxi K. Bardwell, Advanced Reserve Solutions, Inc. Rodney Bissell, Bissell Design Studios, Inc. 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., HOA Legal Services 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, Conserve LandCare 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. Gen Wangler, ESQ., CCAL Liz Williams, AMS Paving Taylor Winkle, Roof Asset Management Bevan Worsham, AMS Paving Jolen Zeroski, CIT

Become an Educated Business Partner Call the CAI-CV office or go to www.cai-cv.org for more information.

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Quorum April, 2021

CONTENTS

DEPARTMENTS 47 Senator Melendez Calls for Support - HOPE Food Drive 14 Helpful Suggestions to Avoid Construction Contracting CLAC UPDATE Mistakes 32 CAI’s California Legislative

By Jon H. Epsten, Esq. CCAL Action Committee (CLAC)

HOA LAW

2021 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS

CAI-CV

EDUCATED BUSINESS PARTNER

MATT LAWTON, CIC, CIRMS PRESIDENT Prendiville Insurance Agency

CLINT ATHERTON, PCAM PRESIDENT-ELECT Sun City Palm Desert

MIKE TRAIDMAN PAST PRESIDENT

Mira Vista at Mission Hills HOA

CAI-CV

EDUCATED BUSINESS PARTNER

JULIE R. BALBINI, ESQ. SECRETARY

Fiore Racobs & Powers, A PLC

STEVEN SHUEY, PCAM TREASURER

Personalized Property Management CAI-CV

EDUCATED BUSINESS PARTNER

MICHA BALLESTEROS DIRECTOR

Cartwright Termite & Pest Control, Inc.

DAN FARRAR, CMCA, AMS DIRECTOR FirstService Residential

CAI-CV

EDUCATED BUSINESS PARTNER

JENNIFER JAMES, ESQ. DIRECTOR HOA Legal Services

LONI PETERSON, PCAM DIRECTOR

Associa Desert Resort Management

LOUISE STETTLER DIRECTOR

Palm Desert Greens Country Club HOA CAI-CV

EDUCATED BUSINESS PARTNER

MARGARET "GEN" WANGLER, ESQ. DIRECTOR CAI Coachella Valley Office 75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org CAL LOCKETT

Executive Director clockett@cai-cv.org The materials contained in this publication are designed to provide our members with timely and authoritative information; however, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services. The Coachella Valley Chapter has not verified and/or endorsed the contents of these articles or advertising. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.

MAINTENANCE & RECONSTRUCTION

By Jay Jarvis, CMCA, AMS

17 Skyrocketing Construction Costs Leave HOAs Trying to Cope with Underfunded Projects

By Regan Brown and Chris Sigler, B.S.C.E., CDT

HOMEOWNER LEADERS 34 IN THE KNOW – Bids & Contracts for Homeowner Leaders

By Guido Portante

WATER WISE

21 Concrete Parking Lots – An Environmentally and Financially Friendly Option

By Justin Tidwell

36 Water Secrets Revealed

By Patrick Simmsgeiger

LANDSCAPING 44 Keeping It Green

SECURITY

By Glenn A. Miller, CGCS

24 Bidding and Contracts for Security Guard Services

By Kimberly Burnett

CHARITY

POOLS 45 Ask the Pool Guy – Rust Spots

By Mark Feldstein

27 CVWD, Desert Arc Partner on New Recycling Program

By CVWD

41 Desert Arc Essential Business Service

INSURANCE 46 Contractor Insurance: What, Why and How?

By Meaghan GaffneyHowe, CMCA, AMS

CHAPTER NEWS 4 List of Advertisers 6 Educated Business Partners 6 Recipe of the Month 8 President’s Message 9 New & Renewing Members

39 Welcome Aboard Accurate Termite and Pest Control

By Meaghan GaffneyHowe, CMCA, AMS 40 Join Homeowner Leaders Online Forum

42 25 Time Honored Member Grace Paluck, CamEx, CCAM

By Meaghan Gaffney-Howe, CMCA, AMS 45 37 Welcome Aboard KAPOW! CLEAN 48

By Meaghan Gaffney-Howe, CMCA, AMS 52

CAI-CV.org

Titanium Sponsor Spotlight Fiore Racobs & Powers, A PLC Printed Quorum is Now Available THANK YOU - CAI-CV Chapter Angels 2021 Corporate Sponsors

facebook.com/CAICV

@CAI-CV

7

FROM THE CHAPTER

President’s Message Matthew Lawton, EBP, CIC, CIRMS Prendiville Insurance Agency Farmers Insurance Group

S

pring vacation is here, and it looks like the COVID-19 pandemic is diminishing. The County is offering vaccines to more people and it appears that our goal of having face-to-face gatherings in October will be a reality. If you need a vaccine, see page 9.

We are excited to launch two new programs in April. In an effort to bring more managers into the local industry, CAICV’s Professional Managers Committee is launching a new online job board that we hope will become the ultimate career development destination for all our members. Employers will be able to list jobs and job seekers will be able to see posted jobs locally or anywhere in the U.S. We will be able to hold virtual job fairs to attract more people into the industry. More information is available on page 49.

Also, in April, we are launching a new membership drive.

Prendiville Insurance is proud to be the title sponsor of the membership drive again this year. At the end of the year, CAI-CV will give away a $1,000 travel voucher to the person who signs up the most new members. The voucher will be given out at our 2020/2021 Awards Ceremony on Friday, January 28th. Additionally, each month, CAI-CV will hold a random drawing of all the recruiters, and the winner will receive a $50 gift card, and a $25 gift card will go to their new member. Additionally, recruiters will be entered into the CAI National monthly drawing for a $100 or $200 cash award and become eligible to win CAI’s coveted Recruiter of the Year Award at the CAI National Conference. You can read about this program on page 31.

The CAI National Conference & Exposition “Community Now” has new dates. Due to the pandemic, CAI has moved the 2021 conference to August 18-21, and it will be in person in Las Vegas. Preconference education courses will take place August 16–17. The conference will be held at the new Caesars Forum, with discounted hotel rooms available at both Harrah’s and The Linq. You can register by CLICKING HERE. If you plan to attend, please let the CAI-CV office know. Many of us will drive but Southwest just announced flights between Las Vegas and Palm Springs will start in May. Make sure to book your room soon.

We are delighted to announce our first three Medallion Communities, Sun City Palm Desert, Palm Valley Country Club, and Mira Vista at Mission Hills. Congratulations to these outstanding best practice communities. The full story can be found on page 28. You can learn more about the Medallion program by CLICKING HERE.

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Quorum April, 2021

I want to thank the many companies who donated all or some of their unused 2020 sponsorship dollars to the Chapter’s COVID relief fund. You will see our tribute to the Chapter Angels on page 48. Please reach out to these companies when you need their services and thank them for their generosity.

Please join me in thanking the Programs Committee for another outstanding program on Friday, March 19th on HOA maintenance. Thanks to our panel of excellent speakers, Tad Black (Associa OnCall), Mike Mastropietro (OCBI, Inc.), and Steve Roseman, Esq. (Roseman Law, APC).

I also want to thank Carl Weise, CCAM-HR.AA, CAMEx, CMCA (The Management Trust), Dea Franck, Esq. (Epsten, APC) and Emily Long, Esq. (Epsten, APC) for an excellent Manager on the Run program on March 5th about amending governing documents.

Thanks to Jeffrey A. French, Esq. (Green, Bryant & French, LLP) and Carter E. Watkins, Esq. (Green, Bryant & French, LLP) for their Board Member Workshop on how boards can avoid liability. Another outstanding program.

Our April Educational Program & Virtual Mini Trade Show is scheduled for Friday, April 9th at 11:30 a.m. and is about balconies, roofs and paving. Our guest speakers include Ron Winkle (Roof Asset Management, Inc.), Mike Araiza (NPG Asphalt), Dan Poe (CM2), and Richard Riley (Focused Inspection Group). On Friday, April 2nd, at 9:00 a.m., we will hold a Manager on the Run for managers and assistant managers that will cover parking and towing issues. Our guest speakers are Kevin Hacksworth (Southwest Security) and Julie Balbini, Esq. (Fiore Racobs & Powers, A PLC). We will have our next Board Member Workshop on Tuesday, April 13th at 9:00 a.m. that will cover the fundamentals of reserve planning. Our guest speakers are Mallory Paproth (SCT Reserve Consultants) and Michelle Lopez, CMCA, AMS (Powerstone Property Management).

All of us are looking forward to our upcoming in-person events in October (see page 19 & 52). CAI-CV volunteers have a great time serving on the event committees and putting these events together. The event committees are looking for new members. If you would like to join a CAI-CV committee, CLICK HERE for the committee volunteer form.

As we work toward getting our lives and communities back to normal, please stay safe and enjoy the most beautiful time of year in the Valley.

Certified Insurance Counselor (CIC) Community Insurance and Risk Management Specialist (CIRMS) CAI Educated Business Partner (EBP) Prendiville Insurance Agency Farmers Insurance Group Cell 760-774-2099 | Email Matt@PrendivilleAgency.com

CAI-CV NEW & RENEWING MEMBERS

CAI-CV New & Renewing Members NEW BUSINESS PARTNER KAPOW! CLEAN Andrew Roide (760) 626-2260 andrew@kapowclean.com

RENEWING BUSINESS PARTNERS ALAN SMITH POOLS Kevin Kostka (714) 628-9494 kevin@alansmithpools.com ANGIUS & TERRY, LLP Wendy Benner (925) 939-9933 wbenner@angius-terry.com BEN'S ASPHALT, INC. Teri Braden (714) 231-0100 teri@bensasphalt.com COOPER COATINGS INC. Marshall Cooper (760) 422-4366 Marshall@coopercoatings.com G4S SECURE SOLUTIONS USA Brandon Joffe (714) 809-5936 brandon.joffe@usa.g4s.com IMPERIAL SPRINKLER SUPPLY Michael Perilman (714) 696-7531 mikep@imperialsprinkler.com IVAN'S PAINTING & MAINTENANCE Raul Castillo (760) 507-9980 ivan@ivansptng.com JAIN IRRIGATION, INC. Michael Palumbo (909) 637-7181 mpalumbo@etwater.com

COVID-19 VACCINES

MC PAINTING & CONSTRUCTION Ernest Casto (760) 323-8010 admin@mcbuildercorp.com PRO LANDSCAPING, INC. Liliana Ortega (760) 834-1472 lily@proland-inc.com

SWEDELSON GOTTLIEB Sandra Gottlieb (310) 207-2207 Ext. 202 slg@sghoalaw.com

MOUNTAIN VIEW COUNTRY CLUB HOMEOWNERS' ASSOCIATION Michael Bick SILVER SANDS HOMEOWNERS ASSOCIATION Gregory Hine Paul Jurich Bruce Winter

Candice Gorges (760) 641-9887 candicegorges@gmail.com

RENEWING VOLUNTEER LEADERS

Alvin Hippe (760) 345-2637 al.hippe@tradingplaces.com

Sally Armitage Joseph Schneider

Sarah Tramp (970) 571-2578 stramp78@gmail.com

BANNING ESTATES HOMEOWNERS ASSOCIATION Dana Champ Kathleen Dale Christopher Ellis Linda Ellis Christina Fitch John Fitch Kathleen Murphy Thomas Wilkie

ASSOCIA DESERT RESORT MANAGEMENT Terry Kramer (760) 772-2092 tkramer@drminternet.com

VISTA PAINT CORPORATION Jared Knight (951) 454-2500 Jknight@vistapaint.com

NEW MANAGEMENT COMPANY MEMBERSHIP

PRIME ASSOCIATION SERVICES Shelie Xanthos (800) 706-7838 sheliexanthos@theprimeas.com

CATHEDRAL CANYON COUNTRY CLUB ASSOCIATION #7 Vincent Grandi Anthony Reynolds

Stacy Atherton (714) 392-2573 stacyatherton@icloud.com

SEGAL INSURANCE AGENCY, INC. – FARMERS INSURANCE GROUP Steven Segal (800) 345-8866 steve@segalins.com

RENEWING MANAGEMENT COMPANY MEMBERSHIP

NEW VOLUNTEER LEADERS

ASSOCIA DESERT RESORT MANAGEMENT Jennifer Huntsman (760) 346-1161 jhuntsman@drminternet.com

RENEWING MANAGER MEMBERSHIPS

SCOTT CORPORATION, APAC Krista Scott (760) 568-5544 kscott@thescottcorp.com

THE GAFFNEY GROUP INC. Maureen Gessel (760) 861-0861 gessel@live.com

NEW MANAGER MEMBERSHIP

FIRSTSERVICE RESIDENTIAL CALIFORNIA, LLC Karen Tillotson (760) 834-2496 karen.tillotson@fsresidential.com

MOUNTAIN VIEW COUNTRY CLUB HOMEOWNERS' ASSOCIATION Janalee Arthur Susan Holtzman Phyllis Nollan Judy Van Schoiack

PERSONALIZED PROPERTY MANAGEMENT CO. Patricia Moeller (760) 325-9500 pmoeller@ppminternet.com THE MANAGEMENT TRUST, DESERT DIVISION Angie Hill (760) 578-6962 angie.hill@managementtrust.com

SHADOW MOUNTAIN FAIRWAY COTTAGES Peter Breikss Brad Czarske Janet Czarske Camille Oordt David Sauve

ARE YOU ELIGIBLE TO BE VACCINATED? https://covid19.ca.gov/vaccines/

DID YOU KNOW YOU CAN GET NOTIFIED WHEN IT’S YOUR TURN? https://myturn.ca.gov/ CAI-CV.org

facebook.com/CAICV

@CAI-CV

9

FEATURE

Palm Valley Homeowners Association, Inc.

By Marilyn Ramos

Palm Valley Homeowners Association, Inc., a Sunrise Company development, was completed in 1991 and is situated on 433 acres at the northeast corner of Country Club Drive and Eldorado Drive in Palm Desert. Palm Valley Country Club is an affiliated but separate entity with mandatory membership for Palm Valley residents. HKI America, Inc. recently purchased Palm Valley Country Club and has already shown a commitment to making the Country Club an even more stellar property. The Palm Valley community is conveniently located in the middle of Palm Desert with easy access to the freeway, shopping, dining and entertainment.

Palm Valley is proud to be one of CAI-CV’s first Medallion Communities, an outstanding accomplishment that few Valley associations achieve. See the Medallion Community application for more information: Click Here

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Quorum April, 2021

The Desert Contemporary/Mediterranean styled condominium units are divided among 50 duplexes, 248 four-plex, 5 six-plex, and 16 two-story eight-plex units. The units are comprised of 14 models ranging from a one-bedroom with one-and-a-half baths at 925 square feet to a three-bedroom with three-and-a-half baths at 2,500 square feet.

All units include double car garages along with a private courtyard.

All 1,274 condominium units are oriented to provide golf course and mountain views from the living areas. These views and over 8,000 palm trees, together with seasonal flowers around each unit, make Palm Valley a beautiful restful place to live.

The association is responsible for the exterior upkeep of the condominium units, landscaping, streets, 46 pools and spas as well as property protection. An interesting fact is that all the streets are named for flowers, and they flourish with colorful plants and flora that are changed seasonally.

The condominiums sell from $300,000.00 to $750,000.00. The current association assessment is $590.00 per month, and the Palm Valley Country Club maintenance assessment is $135.00 per month, as outlined in the governing documents.

The focal point of the Country Club is the spectacular 100,000 square foot clubhouse.

Contemporary architecture with cathedral ceilings that frame a dramatic vista from glass walls overlooking the fairways. The clubhouse accommodates bar and dining facilities, banquet and meeting rooms, racquetball courts, a luxurious spa with saunas and fitness center, fully outfitted golf and tennis pro shops and a full-service hair salon.

Two 18-hole golf courses (championship and executive) designed by Ted Robinson (which offers world-class golf set with elevated greens, double-wide fairways and acres of glistening lakes), 14 tennis courts (10 of which are illuminated for night play) and 3 pickleball courts, along with a Jr. Olympic size main swimming pool and spa.

FEATURE

Famous Hollywood producer, production manager, and actor Neil Machlis purchased his first unit at Palm Valley in 2003. He was elected to the board of directors in 2012 and has held the position of president since 2017. He has been in the film industry for over four decades.

Some of his more notable movies are Primary Colors, Grease, The Birdcage, Planes Trains & Automobiles, Postcards from the Edge, Alvin and the Chipmunks, and Johnny Dangerously, among many others.

Board President Machlis says, “What makes Palm Valley unique is the membership – the diversity of our homeowners and their community spirit. The membership is a very active community with great participation in many HOA activities including golf, tennis and fitness. There are several golf tournaments that include all types of players and many opportunities for our members to become involved, from CAI-CV.org

facebook.com/CAICV

@CAI-CV

11

FEATURE

onsite tournaments to going on excursions to all parts of Southern California to social events, card and book clubs, and members just getting together for happy hour or a dinner out. I feel it is the strength of the membership, that makes it such a unique place to live.”

Of course, no well-run association is an island. The Palm Valley HOA is governed by a 7-member board of directors and eight onsite staff members: three administrative, four maintenance techs and the association General Manager, Gloria Kirkwood, PCAM. They have an average staff retention of more than 10 years - the longevity of the employees provides invaluable historical knowledge of the property and the ability to respond to homeowner needs in a quick and efficient manner. In addition to the board and management, the association has Standing Committees: Architectural, Landscape, Property Protection, Maintenance and Emergency Preparedness Committee, and Ad-hoc Committees: Short Term Rentals, Cable TV/Internet and Solar.

12

Quorum April, 2021

In 2003, the association started on a water savings program by installing a central irrigation system and a weather station.

Within five years the association met the Coachella Valley Water District’s (CVWD) guidelines in conserving over 10% in water consumption. After 15 years the association had reduced water consumption by 50%. In 2003, the association also began converting turf areas to a more desert like landscape. With the recommendation of the Landscape Committee, the board of directors also approved a conversion program from turf to desertscape around the units. To date, approximately 550 units have participated in the conversion program. CVWD has recognized Palm Valley several times for its stellar work in water conservation.

The association is managed by Desert Resort Management (DRM), an Associa Company. DRM is a CAI Accredited Association Management Company (AAMC) and Associa is a CAI National Corporate Member. The association General

FEATURE

A FULL-SERVICE LAW FIRM DEDICATED TO THE SUCCESS OF COMMUNITY ASSOCIATIONS > 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

Manager, Gloria Kirkwood, CCAM, CMCA, AMS, PCAM, with 22 years in May at Palm Valley says, “We are fortunate that many of our homeowners volunteer their time to the association. This dedication and volunteer service on the various committees helps guide us in responding to the needs of our community. With their advice and recommendations, our board can respond appropriately. And all of these volunteers help to make Palm Valley the best place in the desert to live.”

The association is proud to partner up with CAI-CV business partners including Sunshine Landscape, MC Builder Corp., Roof Asset Management, Allied Universal, AMS Connect, Powerful Pest Management, Union Bank, Seacoast Commerce, CIT, First Foundation Bank, Community Legal Associates, and annual audits are performed by Wayne Carlsen, Brabo Carlsen, LLP. If you would like more information about Palm Valley, you may contact Gloria Kirkwood, association General Manager at gkirkwood@drminternet.com or by phone at 760-772-2092 or Neil Machlis, Board President at mac925@gmail.com.

Marilyn Ramos is a Paralegal for Guralnick & Gilliland, LLP. She can be reached at (760) 340-1515 or by email at MarilynR@gghoalaw.com.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

13

HOA LAW

Helpful Suggestions to Avoid Construction Contracting Mistakes

By Jon H. Epsten, Esq. CCAL

I

have been fortunate to represent common interest developments for close to thirty-eight years. At the onset of my career I became involved in assisting associations with contracting for repairs, including major renovations and many post litigation reconstruction projects in the millions of dollars. The basic rules of contracting for this type of work have not changed much over the years. What has changed is the complexity of the work and the insurance issues.

Our cottage industry has expanded over the years from cookie cutter “stickbuilt” homes constructed over hundreds of acres to much smaller foot prints and to more vertical construction with complex and ever-changing construction methodologies integrated with construction materials that oftentimes are equally complex to install and repair.

To assist community managers and boards of directors through the contracting process I have put together some issues for the board to consider which address problems I have encountered over the years. These issues are not exhaustive but touch upon the obvious issues which are often overlooked and can result in even a simple project failing. Not every project will go well no matter how much work is put into the selection of the contractor. The goal is to minimize risk and when things aren’t going well have a good exit strategy or resolution process in the construction contract.

Here is an analogy. I grew up working on boats in San Diego. I learned that the process of painting a boat is a monumental task. But, it’s not spraying the

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paint on the hull that is difficult, rather it is preparing the hull for the paint that takes the most work. Planning and preparation for your construction project is the difficult part of the project not necessarily the actual work being performed.

One of the most common mistakes is not defining the scope of work in enough detail. The absolute key to a good contract is a solid definition of the scope of work. By way of example, it is prudent to have an arborist define the scope of tree trimming while it may be prudent to have an architect define the scope of a roof repair or replacement. Attorneys do not define scopes of work. The scope should be defined by the professional in the discipline. For you do-it-yourselfers there are resources on the web that contain plans and specifications for work (e.g. asphalt paving, painting, landscaping and irrigation). No matter what methodology you undertake to arrive at the scope of work you must always have a clearly defined scope of work in the contract.

I recently had a contractor argue successfully that their scope did not include painting the siding after the siding installation. He understood when bidding that the association was painting the siding. He referred back to the scope of work and while not specifically excluded, painting was not specified in the contract. Spend time understanding

the scope, read and reread the scope and incorporate all the scope documents (plans and specifications) into the contract and consider incorporating illustrative diagrams or photographs into the scope that show the site conditions.

The scope needs to clearly define what is being repaired, the locations, the means and methods of repair and the material

"A very basic and old school approach to contracting is to interview contractors prior to selecting a contractor to perform work.

This basic rule can bring out a lot of issues and calm nervous board members' concerns." specifications, including warranties.

A very basic and old school approach to contracting is to interview contractors prior to selecting a contractor to perform work. This basic rule can bring out a lot of issues and calm nervous board members' concerns. That said, interview with a purpose. Just recently, I suggested to a board they interview a plumbing contractor. I was not asked to attend. I called the manager the next day and asked how the interview went and she replied, the board only had two

HOA LAW questions and they weren’t even sure what to ask. Take interviewing the contractor seriously.

• A list of questions should be developed so you are always comparing apples to apples when interviewing a contractor for the job.

• Check out their references.

• Speak to other association boards of directors of similar sized communities the contractor has performed similar work for in the past.

I have found that a board interviewing contractors and taking the time to speak to other communities who used the same contractor(s) yields good information to make informed decisions. Do not just speak with the associations on the contractor’s reference list. They have typically been chosen because they will give the contractor a glowing review. Use your industry contacts to see if there are other projects not on the contractor’s list and get their input too. For example, when a problem arose on the project did the contractor deny responsibility or did he acknowledge the issue and work with the association to find a solution.

Many of us have to visually observe things to understand them. For me, it is no different with construction. By way of example, I need to see the paint colors, how the flashing will lay up against the fascia, and how the new windows compare to the windows that remain in place. I encourage my clients when possible, to have the contractor perform prototype repairs or illustrative mockups. Mock-ups and prototype repairs

allow the board to better understand the work, adjust the work prior to formally committing to it and use the prototype or mock-up to explain the work to the owners or other contractors who may have to integrate their work with others.

Prior to starting work it is important to communicate with the owners and residents about what they can expect.

Ideally, the contractor will assign a liaison to assist management and the board with communications with the residents and owners. Good communication leads to a successful project.

Regular communications between the contractor and the board is also important. Consider inviting the contractor to

"Good communication leads to a successful project.

Regular communications between the contractor and the board is also important." your regular board meetings to answer owners’ questions and address the board on the progress of the work.

Your Communit y Association Manager is your consultant, but do not assume the manager has the time and/ or expertise to handle a construction project. These projects can be time consuming and can take away from day to day association issues that need to be addressed. Always discuss with your manager their role in any construction project; set expectations early. It is possible you may need to hire a third party to administer the work. If the management of the work is being delegated to a committee make sure the members are knowledgeable in construction or willing to learn about the work to be performed - don’t take the first volunteer who raises their hand.

I am often asked, does an attorney need to review the construction contract? Answering "yes" appears self-serving, but in fact oftentimes these contracts are fraught with poison pills such as antiquated insurance provisions, indemnity language and limitation of liability provisions. Those provisions need to be reviewed by counsel and understood by the board. Another key consultant is your association’s insurance agent. Make sure your agent reviews the insurance provisions in the construction contract.

It’s difficult for me to conclude this article when I have so much more to say! Let me leave you with some closing thoughts.

• Take the time you need to get the contract that gets the work done properly.

• Don’t overly complicate or delay the process.

• Use professionals, and board members remember, what you may do if you were the contracting party is not necessarily what the association should do (e.g. offering cash incentives to a contractor).

• And lastly, always keep in mind that price variances in bids are a signal that bidders may not be bidding the same scope.

Jon Epsten is the founding shareholder of Epsten, APC, a Southern California law firm since 1986 with offices in San Diego, Temecula and Indian Wells. Jon is a fellow of the College of Community Association Lawyers (CCAL), is a former community manager himself and has been actively involved in CAI throughout his entire career as a former president (multiple times), board member, speaker, author and business partner. Jon can be reached by calling 1.800.300.1704 or find him online at www.epsten.com.

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Skyrocketing Construction Costs Leave HOAs Trying to Cope with Underfunded Projects TACKLING THE UNCERTAINTIES: BEST PRACTICES FOR BIDDING, BUDGETING AND CONTRACTING IN HOA PROJECTS

By Regan Brown and Chris Sigler, B.S.C.E., CDT Over the past four years, skyrocketing construction costs have created various forms of havoc throughout the construction industry, impacting many HOA projects. We have seen a genesis of these rising costs, which began in 2017, in various forms: In 2017-2018, a strong economy and a demand for housing fueled a labor shortage, resulting in an overall increase of almost 30% in construction costs nationwide. In 2019, political tariffs and multiple natural disasters fueled the next wave of increases, this time impacting material costs.

spending money on dining out and travel. Instead they began to buy appliances, furniture, recreational vehicles and then we saw a move toward “do it yourselfers.” Both Home Depot and Lowes reported record earnings in 2020. This created a shortage of material supplies that we had not experienced in decades. This contributed to the run on soft lumber supplies, leaving the mills and other manufacturing unable to meet demand. The new demand on transportation and shipping have also added to the delay of deliveries.

CONSUMER DEMAND SNAPS BACK. FACTORIES CAN'T KEEP UP. SNARLED SUPPLY CHAINS, LABOR SHORTAGE THWART FULL REOPENING; 'EVERYONE WAS CAUGHT FLAT-FOOTED'

A Stanley Black & Decker facility in Fort Mill, S.C. Clark Hodgin for The Wall Street Journal

COVID-19’S IMPACT ON COSTS Then in 2020, the global pandemic brought several new factors creating price changes that we had not experienced before. When the shelter in place orders started in March of 2020, the manufacturing businesses and lumber mills closed, affecting product manufacturing, supply, and delivery. After a short period, construction was then deemed “essential” and construction companies slowly started back to work. However, while they were shut down, people were not

This led to consumer spending increasing 6.4% last year while at the same time production of goods decreased 8.4%, leading to shortages and higher prices. This is known as the “bullwhip effect” and is impacting material availability and driving higher costs across the country. Where a contractor once could place a window order and expect it to be two to four weeks, can now take as long as 12 weeks or more. Safety requirements put in place to slow the coronavirus have made supply chains even slower. Most of the lumber mills and manufacturing plants are still not back at full capacity.

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MAINTENANCE & RECONSTRUCTION

As a result of higher costs and lower supplies, construction companies began a furious bidding war for survival work to get them through the pandemic. Many took on jobs with a low profit margin and are now finding themselves on the wrong side of the bid. Bids have only increased 0.1% while material costs skyrocketed. In an effort to retain any profit, we are seeing contractors reducing schedules and pushing crews hard, which leads to all kinds of problems such as construction defect, safety issues and alternate products that may not be as effective. Recently, we began to see increases in other building materials such as building paper (up 63.4%) and plywood products (up 35.6%), which you can see in the chart that follows. These increases could quickly cause many projects to be underfunded. This could lead to legal disputes over

contracts and assessments and loan requirements, especially to those who wait too long before executing their projects.

There is growing concern that if these rising material costs do not get under control, they will inflate the cost of infrastructure and construction projects, which could undermine our economy’s recovery from the pandemic.

The concerns have now become so severe that, on February 18, 2021, Stephen Sandherr, CEO of the American General Contractors Association (AGC) asked President Biden to urge domestic lumber producers to ramp up production to address growing shortages. He said he would also make the crafting of a new softwood lumber agreement with Canada a top priority of his administration.

Source: U.S. Bureau of Labor Statistics-February-17-2021-comodity-groupings Table 5. Producer price indexes and percent changes for selected commodity groupings of intermediate demand by commodity type category (bls.gov)

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MAINTENANCE & RECONSTRUCTION BEST PRACTICES TO PROTECT HOAS There are a few things HOAs can do to protect their projects.

To avoid potential disputes, price increases mid-stream, or other cost-related stumbling blocks, we recommend taking a few important steps when preparing for a new repair or maintenance project.

1. Hire professional advisors to write a scope of work that includes detailed material specifications and set up a clear apples-to-apples bidding process.

2. Require that bidders provide unit costs for labor, materials, and markups.

3. Add clauses to the construction contract that will set the ground rules for potential price increases, by providing contractual parameters.

4. Make sure that the HOA’s construction manager creates a contingency line item in the project budget to protect both parties against price increases.

5. Have your HOA attorney review the contract to make sure it protects the association and board.

Additionally, whenever possible, consolidate projects (think SB326 inspections combined with stair or deck repair), and anticipate longer than normal project timeframes.

Remember, the HOA industry is unique, and you are always better off using contractors and other professional advisors who specialize in HOA work. Reach out to the HOA-based professional advisors and contractors through CAI and you will find many who have earned a solid reputation and understand this specialized industry. Understanding this volatile market, seeking professional advice, and maintaining good communications between all the parties will help you minimize potential negative impacts and prevent you from becoming another underfunded association.

Regan Brown is the CEO of The GB Group. Founded in 1992, The GB Group provides construction services in California and Nevada to homeowner associations, apartments, high-rise and mid-rise communities, and select commercial projects.

Regan is a respected leader in the construction industry and is active as an educator, speaker, and author. She also has her own podcast. Regan can be reached at (800) 653-7172.

Chris Sigler is the President and Owner of C.L. Sigler & Associates, Inc., a Construction Management and Consulting firm that has exclusively served the HOA industry for 20 years.

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 IS GOING LIVE IN OCTOBER! MARK YOUR CALENDARS - NEW FALL DATES EVENTS

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Concrete Parking Lots – An Environmentally and Financially Friendly Option

By Justin Tidwell

C

oncrete roads and parking lots have historically been used in only the highest-end communities due to their higher costs. With new technologies and application techniques, along with higher costs for petroleum-based asphalt, the price for concrete is now comparable to asphalt and offers communities significant environmental and aesthetic benefits.

Concrete also offers lower maintenance costs. Asphalt parking lots in the Coachella Valley require seal or slurry coating about every three years to limit cracking and deterioration. Studies on the maintenance of asphalt parking lots determined average costs to be around $75,000 over a nine-year period on approximately 50,000 sq/ft in desert climates. Concrete requires little or no ongoing maintenance.

There are two methods of constructing concrete parking lots - new construction and concrete overlays that are placed on top of deteriorated asphalt parking lots. While the application techniques and concrete formulas have improved over the years, concrete overlays have been a solution for deteriorating asphalt parking lots for over 30 years. (See picture of 30-year-old concrete overlay in Indio, CA.)

THE ENVIRONMENTAL BENEFITS OF CONCRETE ARE SIGNIFICANT AND CONTRIBUTE EVEN MORE VALUE. HERE’S HOW:

A. New concrete parking lots and concrete overlays are considered a “green solution” because of their higher solar reflectance (SRI) thereby reducing urban heat islands in parking lots, roadways and sidewalks. Reduced heat islands around homes and buildings means less use of energy, cheaper power bills and the related reduction of carbon-based atmospheric waste that contributes to global warming.

B. Concrete’s light-colored surface improves visibility and safety for pedestrians and vehicles. In addition to safety features, less lighting can be used to illuminate a parking lot saving even more energy.

C. Concrete parking lots do not contain the oils and other petroleum distillates that can harm the environment. Water runoff from asphalt can carry pollutants into water supplies, storm gutters, streams and rivers.

D. In the Coachella Valley and in Southern California in general, the high urban heat index associated with asphalt parking lots can damage or kill plant material in planters designed to provide cooling to pedestrians and vehicles. Temperatures in asphalt parking lots are eight to ten degrees higher than in concrete parking lots.

The cost of plant replacements and extra water needed to maintain landscapes around asphalt parking lots should also be considered.

CAI members are welcome to view concrete overlays locally at Desert Islands HOA, Shields Date Gardens, Family Heritage Church, and The Bridge Church. The new La Quinta Brewery in Palm Desert also recently poured their entire parking lot with concrete. When you are ready to replace or resurface asphalt surfaces in your community, ask for a comparison bid for concrete.

Justin Tidwell is the President of Gauston Corp. Gauston is headquartered in Indio and has been serving the Coachella Valley since 1948. Justin can be reached at (760) 776-2100 or by email at justin@gauston.com.

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FEATURE

40+ Years of Accounting and Taxation for Community Associations. What has Changed?

By Jeremy Newman, CPA

F

orty years is a long time!

During that time, accounting and taxation for community associations has evolved primarily due to California legislative and Internal Revenue Code requirements. In 1976, the U.S. Treasury introduced tax Form 1120-H, the first federal tax Form designed specifically for common interest realty associations. In 1985, the California State Legislature signed into law the Davis-Stirling Common Interest Development Act.

Tax Prior to the 1976 Tax Reform Act, associations were required to file corporation Form 1120. From 1976, homeowners and condominium associations have been able to choose to file Form 1120 or 1120-H. Filing Form 1120 comes with some potential tax risk. To avoid paying tax on excess member income, associations filing Form 1120 are required to obtain member approval of Revenue Ruling 70-604.

Typically, the options provided to owners under Revenue Ruling 70-604 are to refund excess operating income to owners, or to carry forward any excess operating income to the next fiscal year.

Problems arise when associations try to carry forward cumulative excess funds for more than one year while 22

Quorum April, 2021

still filing Form 1120. Filing Form 1120 for associations requires tax planning.

Unfortunately, for most associations, tax planning is not something that occurs.

Lack of preparation and blindly filing Form 1120 can result in significant tax implications. The Internal Revenue Service, when determined association returns for audit, based on historical evidence, is likely to audit Form 1120 over 90% of the time compare to Forms 1120-H and 990.

According to research, approximately 85% of associations nationwide file federal Form 1120-H. Form 1120-H carries a higher tax rate (30%) compared to the Form 1120 rate of 21%. However, Form 1120-H excludes membership dues, fees and assessments from gross income.

Revenue Ruling 70-604 is not required when filing Form 1120-H; the Form 1120 excess operating income issue in not a concern for Form 1120-H filers.

Accounting Prior to the enactment of the DavisStirling Act in 1985 (effective January 1, 1986), accounting for associations was inconsistent. For example, accounting often did not separate operating and reserves funds. From the 1960s, common interest developments were regulated under the Corporations Code and the Civil Code, together with the 1963 California Condominium Act. The Davis-Stirling Act (“Act”) created financial-related requirements including budgets, recordkeeping, annual reviews by independent Certified Public Accountants, Board of Director duties to review financial statements and accounts, account deposits and transfers, use of reserve funds.

The Act created the framework for management companies and self-managed associations to set up and apply

FEATURE procedures, to plan for and to account for financial activity, and to review the results compared to plan. Further, the Act’s requirements for financial safeguards, including the allocation of assessments for reserve component purposes, and control over association funds, fostered more consistency of recordkeeping, accounting and reporting. Today it is rare to audit an association that does not attempt to comply with the Act. Associations prepare annual budgets, hold and document periodic board meetings, obtain or prepare reserve studies, allocate a portion of assessments for reserve purposes, understand the need to maintain separate bank accounts for operating and reserves funds, and to account for each fund’s activity separately.

Under the Act’s “Board Duty to Review Financial Statements and Accounts” section, there are a number of specific monthly review requirements.

As with any business, frequent review of activity and results help those charged with management and governance to make better and more timely decisions. Some of the Act’s monthly review requirements are: Review current reconciliations of operating and reserve accounts, review the current year’s actual operating revenues and expenses compared to the current year’s budget, review the latest bank and investment account statements provided by financial institutions, review the check register, general ledger, and delinquent assessment receivable reports.

Management companies generally provide board members with a monthly reports package that incorporates the information required under the Act. As an audit firm, we recommend that board members take the time to read the reports, ask questions, understand the story of what’s happened during the month and year to date. It is critical for boards to review delinquent assessments reports. Noncollection of assessments often results in operating cash shortfalls, which can lead to a decrease in reserves funding, maintenance deferrals and potential decline in the values of homes within a community.

The Act has certainly provided the framework for more comprehensive financial reporting and reviews, and IRS Form 1120-H has provided a more association-appropriate tax return option.

Jeremy Newman is a Certified Public Accountant (CPA). He can be reached at (844) 560-7300 or by email at jeremy@hoacpa.com. For more information go to www.hoacpa.com

REGISTER & JOIN US FOR MEETINGS WITH COACHELLA VALLEY LEGISLATORS Tuesday, April 13, 2021, 12:30 p.m. to 2:30 p.m.

Each year, California Community Association (CAI) members visit Sacramento to educate legislators on current issues affecting California’s 55,000 community associations. With COVID-19 and in-person events continuing to be a concern, your CAI-California Legislative Action Committee (CLAC) has an exciting four day virtual CAI-CLAC Legislative Week at the Capitol planned for all CAI California members.

Attendees can join virtual briefing sessions for FREE with CAI-CLAC’s lobbyist, Louie Brown, Esq., to learn what new changes are on the horizon. Legislative visits will be held individually with all eight CAI California Chapters and their local legislators. Coachella Valley legislators will be visited on Tuesday, April 13, 2021, 12:30 p.m. to 2:30 p.m. You must register to attend.

These virtual visits are more important now than ever – and can be done in the comfort of your home or office. Come help us educate legislators, seeking support for specific bills, and connect with your industry peers! Attendees will learn about the community association industry’s most challenging political issues and how the legislative process works.

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SECURITY

Bidding and Contracts for Security Guard Services

By Kimberly Burnett

B

udget season will be here before we know it and we all hope the request for proposal (RFP) and contracting process will be simple and straightforward. Some of the most important components of bidding and contracts for a security guard provider are the pay rate of the officers, the various elements built into the bill rates, and the math used to quote monthly and yearly services.

To compare bids for multiple providers, it is important to know all of the components in each bid so you can prepare an apples-to-apples comparison. First, it is essential to know what each provider is paying their officers for each position. Looking at just the bill rate, you could assume that the companies are all paying the officers the same. However, this is usually a false assumption that could cause problems down the road. For example, company A is paying $18.00 with a bill rate of $30.74.

Company B is paying $17.00 with the same bill rate of $30.74. Knowing these numbers allows you to know the value of

"TO COMPARE BIDS FOR MULTIPLE PROVIDERS, IT IS IMPORTANT TO KNOW ALL OF THE COMPONENTS IN EACH BID SO YOU CAN PREPARE AN APPLES-TO-APPLES COMPARISON." one company over another. Obviously, it is better to have a higher wage paid to the guard when the bill rate is the same.

Transparency is also key to building a strong partnership between the community and the security provider.

To complicate matters, you will find that each security company has their own list of what is included in their bill 24

Quorum April, 2021

rate. Taxes and insurance are typically included. However, you will want to know if employee holidays, equipment, training and other benefits are included or if they will be billed separately.

Holidays are either included in the bill rate or billed upon occurrence. If officer training is included in the bill rate, you will want to know how many hours of

training is included. Ask what equipment is included in the bill rate so you can compare technologies. If a vehicle is required on site, you will want those costs identified. Will fuel charges will be included in the bill rate or will it be a separate charge each month? Some providers may offer a super low bill rate to win the business, then come back

with supplemental charges later.

You may also want to know if the company offers benefits to their officers, which could include a 401K, healthcare, vacation and life insurance. Knowledge of these benefits will help with comparing bids, and it also provides an indication about the caliber and longevity of employees that will be serving your community.

When a community sets their budget for security, it is important for the security provider to stay within that quoted budget with no surprise billings. If you conduct the bidding process well, the community managers and boards will be aware of all the charges and will stay within their budget.

Usually, security proposals provide a tabulation of costs broken down to weekly, monthly and/or yearly. Monthly breakdowns are a little tricky as some providers will figure a month as four weeks and other providers will account for some months having five weeks. If monthly costs are being requested, make sure you ask for clarification. Another common problem in the bidding process is mathematical errors. Clearly defining all the components of the bid will help you see when there is an error. The general rule is, if a company has a lower bill rate than other providers, then their services should cost less than the other providers.

The goal is to find the company that brings the most value and experience at the best price. Vetting out the detailed costs and value-added services will help with comparing providers, and alleviate future misunderstandings and unplanned costs. Setting up standardized guidelines during the RFP process will help you obtain the best possible solution for your community.

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.

TIME HONORED MEMBER Grace Paluck, CamEx, CCAM

By Meaghan Gaffney-Howe, CMCA. AMS

Grace Paluck, CamEx, CCAM

G

race Paluck has been in the CID industry for 23 years.

Beginning as the Assistant to the President of The Monarch Group (one of the founding companies of The Management Trust), Grace transitioned to an assistant manager in 1998 and a manager in 2001. She was promoted to Vice President of Community Management in 2015, and as of 2018, Grace has been the Executive Vice President of The Management Trust.

Grace considers herself blessed to have multiple mentors who have provided motivation and encouragement throughout her CID career. Grace credits John Handel with bringing her into the industry and never letting her think “good enough was good enough.” Bill Sasser, the President of The Management Trust, is Grace’s current mentor. Grace says, “He’s created a servant leadership style that encourages all of us to think of our roles within the company as serving all of those around us, whether they be fellow employee-owners, boards, homeowners or business partners.”

And serve Grace has! In the 15 years that she has been a member of CAI-CV, Grace has served on the Volunteer, Bowling, Golf, and Casino CAI-CV.org

Committees; she currently serves on the Quorum and 40th Anniversary Committees. Grace says of joining CAI, “I joined for the education first, and then I was lucky enough to find many great friendships.”

With the exception of six years in Orange County, Grace has lived in the Coachella Valley all of her life.

She enjoys reading both fiction and non-fiction books. While she is currently reading the Bluewater series by C.L.R. Dougherty, Grace keeps The 5 Dysfunctions of a Team handy, and has for ten years, crediting Patrick Lencioni with authoring many books that have made her a “better leader and person.” Other hobbies include travel (“anywhere there’s a beach is fine”), attending concerts, and spending time with family – especially her grandson and granddaughter. Besides her two grandchildren, Grace’s family includes her husband who she says is wonderful and has been her rock; three boys (plus two bonus kids; a boy and a girl); three brothers, six sisters, and many nieces and nephews. Grace always enjoys family get-togethers.

Grace’s favorite saying is, “The key to Happiness is Gratitude.” She adds, “This past year has shown us how grateful we should be with all that we have as Americans, as residents of the Coachella Valley and mostly to be in an industry that has allowed us to keep working.”

Grace, thank you for your membership to CAI and for your dedication to the CID industry!

Meaghan Gaffney-Howe, CMCA, AMS is a community manager and Vice President of The Gaffney Group, Inc. Meaghan can be reached at meaghan@thegaffneygroup.net.

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ST RE SS

7 Novel Coronaviru s COVID-1 14 COVID-1 9 Testing 9 Stress Onl Centers ine Discussi 24 COVID-1 on Group 9 Resources 26 COVID-1 9 Stress 30 Coping with Stre ss During 34 Commun the COVID-1 icating Abo 9 Pandem ut COVID-1 37 Stress ic 9 in the Wo rkplace Con 39 Help cerning COV Can Be a Click or Pho ID-19 ne Call Awa y

MUST BE CAI-CV MEMBER IN GOOD STANDING

CONTACT THE CAI-CV OFFICE

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(760) 341-0559

admin@cai-cv.org

CHARITY

CVWD, Desert Arc Partner On New Recycling Program

By CVWD

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oachella Valley Water District President/CEO of Desert Arc. “Desert Angelique Ontiveros, Desert Arc's (CVWD) has joined with the non- Arc is dedicated to social innovation Director of Business Services, said Desert profit organization Desert Arc to create a and has created a variety of enterprises Arc trains and employs adults with program to recycle irrigation controllers such as its Recycling and Shredding disabilities, while taking into account that are being replaced with more effi- Divisions, which are integral to our each client’s unique needs and abilities, cient models. cause. Our nonprofit organization is enabling them to learn job skills through Under the program, CVWD will ask committed to implementing eco-friendly collecting, processing, and recycling of customers participating in the district’s business practices by providing these materials. irrigation controller rebate program if critical and environmentally friendly “This can take the form of picking up they want to recycle their old control- business services to area companies and a big load of cardboard and inserting it lers. The donated old controllers will individuals alike. We are very pleased to into a baler, or diligently disassembling be collected and recycled by an old computer to uncover Desert Arc, which provides job electrical components,” she “OUR CUSTOMERS WHO ARE ALREADY TAKING training and other services to ADVANTAGE OF OUR CONSERVATION REBATE PROGRAM said. “There are 35 people with people with developmental disabilities currently working TO SAVE WATER AND MONEY CAN FEEL EVEN BETTER and intellectual disabilities at Desert Arc’s Indio Recycling KNOWING THAT THE OLD CONTROLLERS ARE BEING in the Coachella Valley and Center on a full-time basis."

RECYCLED BY SUCH A VALUABLE ORGANIZATION.” Morongo Basin areas.

The rebate program provides “We are excited to work with CVWD residential customers Desert Arc,” said Katie Evans, Director work in partnership with CVWD on this free smart, weather-based irrigation of Communication and Conservation for sustainability program.” controllers that automatically adjust CVWD. “Our customers who are already CVWD Water Management Technician the irrigation system’s run time based taking advantage of our conservation Chris Thomas developed the idea for the on weather data. CVWD will install and rebate program to save water and money collaboration with Desert Arc. He looked program the controller, free of charge, can feel even better knowing that the old at other options for recycling but found for eligible customers. Use of a smart controllers are being recycled by such a that programs sent the devices out of controller reduces the amount of water valuable organization.” state for recycling. in the cooler months and increases the "Since its founding in 1959, Desert “I thought, let’s do this locally for amount in the summer.

Arc’s mission is to enhance the lives a win-win,” he said. “The devices are and create opportunities for people getting recycled and the initiative is More information about this program with intellectual and developmental providing job opportunities to people is available by CLICKING HERE. disabilities,” said Richard Balocco, with disabilities.”

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27

FEATURE

First Three HOAs to Receive Coveted Medallion Community Recognition

By Mike Traidman

CAI-CV’s Homeowner Leader committee is proud to announce our first three HOAs to achieve the Medallion Community Program recognition. Palm Valley Country Club in Palm Desert, Sun City Palm Desert, and Mira Vista at Mission Hills HOA in Rancho Mirage have all submitted applications and after a rigorous review, were determined to exhibit CAI’s best practices and are among the best run HOAs in the Coachella Valley.

Upon hearing the good news, Gloria Kirkwood, PCAM, Association GM for Palm Valley Homeowners Association, said, “At Palm Valley we are always trying to improve and differentiate our community. Our outstanding volunteer leaders work hard to become educated, and using CAI best practices to keep our community safe and beautiful. We are honored to be one of the first to be recognized as a Medallion Community.”

Clint Atherton, General Manager of Sun City Palm Desert was also pleased and said, “We have a large-scale homeowners association with 18 committees and a very active and educated group of residents. Our board members are eager to continue their education and are always trying to learn the best way to manage our HOA. This recognition is long overdue. Thank you, CAI-CV.” The Treasurer of Mira Vista at Mission Hills, Guido Portante, a retired Brigadier General, said, “We have spent a lot of time recently getting all of our board

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members up to date on CAI’s best practices and have attended many education classes. HOAs are not all alike, and we are pleased to be recognized as one of the Valley’s first Medallion Communities.”

CAI-CV started their Medallion Community program earlier this year as a way to recognize those Coachella Valley HOAs that are educated and exhibiting the best practices of CAI. Each community that applies must complete a lengthy application, which is reviewed by a team from CAI-CV. Only those HOAs that have adopted CAI’s best practices qualify for Medallion Program recognition. Once approved, these communities receive a sign to post at their entrance, a digital medallion they can use in their communications, and recognition in CAI-CV’s award winning monthly magazine, Quorum.

Congratulations to our first recipients! Medallion Community applications can be found on the chapter’s website at: CLICK HERE Mike Traidman is Past President of CAI-CV and he serves on CAI’s national Homeowner Leaders Council. He is Treasurer for the Mira Vista at Mission Hills HOA and can be reached at mtraidman@yahoo.com.

In high school, Mike was caught digging a pool behind the football field… by hand!

Today he remodels pools!

Was there ever any doubt?

Remodeling pools and Backyards since 1969 Quality work at a fair price

Lic #896061 C-53 CAI-CV.org

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AS

SOCIATIONS

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CAI-CV 40th Anniversary Interviews with Past Presidents Kay Ladner, CAI-CV President in 1994

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By Louise Stettler

hen I took office, CAI-CV was splintered, and my goal was to pull us all back together.

Harmony was my goal. I also wanted to find ways to put the managers and business partners together in a more relaxed environment. At that time, breakfast and lunch meetings did not allow for a relaxed way to meet each other. The first Day at the Races was my brainstorm, and it was exactly what we all needed.

It was so much fun getting to know each other at the races. Since we were away from our offices, there were no time constraints. It was a great day of bonding and I am most proud of this accomplishment.

Our challenge at the time was CAI National. There was a legal challenge in California that impacted and put CAI National against the Chapter. Fortunately, new management at the national level helped to put that issue behind us and educating our management companies became a solid focus.

Soon after serving as President, I moved to a rural area with few HOA's around, so I lost touch with the industry. Eventually, I moved back to the Valley and noticed the industry had changed considerably and not always for the good. The constant legal challenges and new laws made it more difficult for managers. I also noticed that homeowners were not as friendly as they were in the early years. As I neared retirement, it seemed that conflicts and anger were more prevalent in the industry, much of it fueled by laws created by uneducated legislators. I’m glad to see CAI-CV is active with the California Legislative Action Committee (CLAC) to help educate lawmakers.

I am also pleased to see CAI-CV’s Professional Managers Committee pursuing an AA degree in Community Association Management. I have always felt our industry needed a college level class to introduce the industry to youth who are considering different careers.

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My service over many years with CAI-CV was a great experience and CAI is a valued organization.

Each year volunteers worked hard to make it a better experience for everyone. Avoiding internal drama and hiring the right people go a long way in staying focused on the goals and offering a good experience for those involved. Inviting and embracing new people and new thoughts will keep the organization strong and moving forward. I hope the Chapter continues to focus on keeping board members involved because an educated board makes all the difference for community managers.

I am excited to see CAI-CV be recognized for so many new and innovated programs and I wish you all continued success. As for me, I am enjoying retirement bliss with hiking, photography and caring for my animals. Thanks for the memories CAI-CV! Louise Stettler is a Director of CAI-CV and has served on many Chapter committees and as President of the CAI San Diego Chapter. She is the recipient of many CAI Chapter awards. Louise is also serving as Co-Chair of CAI-CV’s 40th Anniversary Committee.

Louise can be reached at lstettler9980@gmail.com.

FEATURE

CAI-CV Membership Drive Sponsored by Prendiville Insurance Agency Start recruiting and win cash prizes from CAI-CV and CAI National! Once again, Prendiville Insurance Agency is the title sponsor of the CAI-CV Membership Drive. You can win a $1,000 GRAND PRIZE Travel Voucher to go anywhere you want or turn it in for cash. The $1,000 prize will go to the member who brings in the most recruits during the year.

The grand prize will be awarded at the Awards Ceremony on Friday, January 28, 2022.

Additionally, each month, the Chapter will hold a random drawing of all recruiters. The winner will receive a $50 Visa gift card, and they will receive a $25 gift card for their new member. Each month, recruiters will also be enrolled in CAI National’s membership drive where they will be eligible for an additional $100 or $200 prize based on the number of their recruits. They will also be eligible for CAI National’s coveted Recruiter of the Year Award.

This year, if we bring in 50 new members, CAI National will give the Chapter a $20,000 grant!

USE THESE LINKS TO ASSIST YOU WITH YOUR RECRUITING!

$295 for 15 Memberships: CLICK HERE • All Board Members • All Committee Chairs/Co-Chairs • Key Committee Members • Potential Board Members

$125 CLICK HERE • Community Volunteers • Individual Residents

Managers $139 CLICK HERE • All Managers • All Assistant Managers • Key Management Company Employees

MEMBERSHIP APPLICATIONS & WHO SHOULD JOIN CAI HOAs

Individual Homeowner Leaders

Management Companies $425 CLICK HERE • All Management Companies

Business Partners $600 CLICK HERE • All Business Partners • Realtors

Multi Chapter Business Partners $325 CLICK HERE • Business Partners Who Are Members of Another CAI Chapter

SPECIALIZING IN COMMUNITY ASSOCIATION INSURANCE

Prendiville Insurance Agency | 760-770-5868, Ext. 302 |760-774-2099 (Cell) | Matt@PrendivilleAgency.com CAI-CV.org

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31

CLAC

PLEASE MAKE SURE YOUR HOA PARTICIPATES IN

CLAC Update CAI’s California Legislative Action Committee (CLAC)

By Jay Jarvis, CMCA, AMS

E

ach year the California legislature passes laws that affect HOA communities. CAI’s CLAC is our advocate in Sacramento. CLAC is made up of two delegates and one liaison from each of the eight California CAI chapters. CLAC employs a fulltime lobbyist and monitors legislative proposals that impact the HOA industry. CAI members are invited to Sacramento every year to meet directly with legislators. This year, the meetings will be virtual. See the ad on page 23 for more information about the exciting four-day virtual CAI-CLAC Legislative Week at the Capitol planned for all CAI California members.

CAI chapters raise the money needed to support CLAC’s efforts through the “Buck-A-Door” campaign. Member HOAs are asked to donate $1 for each home in the HOA. These small funds add up to help us keep abreast of what is going on in the state legislature and where we should focus our lobbying efforts. Please make sure your HOA participates in “Buck-A-Door.”

THE 2021 “HOT BILLS” THAT HAVE BEEN INTRODUCED AND ARE MOST IMPORTANT TO HOA COMMUNITIES ARE: AB 502 (Davies) – Election by Acclamation (expands current law for all HOAs of any size to use the option).

Recommended position – SUPPORT AB 919 (Grayson) – Construction Defect (would shorten the time from 10 to 5 years for defective construction work correction). Recommended position - OPPOSE AB 1101 (Irwin) – AB 2912 clean up (would further restrict management companies from moving HOA money without board approval). Recommended position – SUPPORT (Sponsor) AB 1410 (Rodriguez) – Anti-CID (would prohibit the governing documents from restricting a homeowner’s right to rent or lease their separate interest, or any portion thereof, without regard to whether such restriction existed at the time 32

Quorum April, 2021

BUCK-A-DOOR the homeowner acquired title to the separate interest. This bill would require every director and full-time employee of an association complete a course in ethics and harassment prevention). Recommended position - OPPOSE SB 9 (Atkins) – Lot Splitting

Official position – Oppose unless Amended SB 60 (Glazer) – Short Term Rental (would raise fines on short term rentals). Official position - SUPPORT SB 391 (Min) - Emergency Powers and Procedures (would modify requirement for teleconference meeting by dropping the requirement that one person be at the official meeting place). Recommended position – SUPPORT SB 392 (Archuleta) – Document Delivery (would change requirement to mail documents unless email approval given by owner to allowing documents to be emailed unless owner has no viable email address). Recommended position – NEUTRAL SB 432 (Wieckowski) – Elections (would disqualify a person from nomination to board if the person has served the maximum number of terms or sequential terms allowed by the association). Recommended position – work in progress/ watch.

E.J. (Jay) Jarvis II, CMCA, CCAM is community manager with HOA Office, Inc., Past President of the Lafayette Village Homeowners Association, and Past President and On-site manager of Portola Palms Homeowners Association. Jay can be reached at jay@HOAOffice.net.

IT’S A PLEASURE TO SERVE COACHELLA VALLEY’S HOAS —

BECAUSE WE’RE NEIGHBORS. The Powerstone CV Team

Monica Alvarado, CCAM® Community Association Manager

Connie Kozlowski, Associate Manager

Michelle Lopez, CACM® AMS® CCAM® Director of Community Management

Michelle Espinoza, Community Association Manager

Ronnica Marroquin, Associate Manager

Since 1993 Powerstone has served HOA’s of all types throughout California and in the Coachella Valley with integrity, professionalism and an old fashioned neighborly smile. We treat our clients as if they were neighbors, because they are. Our spirit of service is why clients stay with us and has helped us become one of the leading property management firms in California and the Coachella Valley. Contact Michelle Lopez, Director of Community Management and discover how top-notch service, attention to detail and a willingness to do what it takes can help your HOA prosper. For more information visit www.powerstonepm.com. Or call Michelle at 760-469-4315

Proud Sponsor of

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33

HOMEOWNER LEADERS

IN THE KNOW Bids and Contracts for Homeowner Leaders

By Guido Portante

BOARD MEMBERS HAVE A DUTY TO REPRESENT ALL HOMEOWNERS “As an elected board member, you have a fiduciary responsibility inherent in board membership. You are to seek the best possible services for the best possible dollar value for your client the homeowner. On numerous occasions boards will leave this process to the management company. Certainly, the management company can help with attorneys and in-house experts. However, the real responsibility lies with the boards to manage this process.”

REPAIRS & REPLACEMENTS ARE OUTLINED IN THE HOA’S RESERVE STUDY

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AI-CV’s Homeowner Leader Committee focuses on promoting CAI-CV resources and best practices to community board members and other homeowner volunteers. The importance of being educated on bids and contracts cannot be over emphasized. The risks of unfavorable or unclear contracts can have devastating consequences on HOAs. Fortunately, CAI offers professional assistance and best practices to its members.

CAI’s Board Member Tool Kit, Third Edition (CLICK HERE) offers the following guidance (edited) to help you understand the importance of the association’s contracts:

CONTRACTS ARE LEGAL DOCUMENTS HELD BY THE HOA “Your Association is a corporation and you as a board member are responsible for running the corporation. Your investors are your association members and you as a board member are responsible for maximizing the return on their investment—their home.”

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“Capital improvements are a large part of an associations budget. Usually addressed in a report called the Reserve Study, the entire status of all the capital improvements that will become necessary to complete over a long period of time in an association are clearly documented. The Reserve Study is completed annually, by a walkthrough of the reserve study contractor, usually a CAI certified Reserve Specialist (RS), and members of the board. The reserve study contractor and board members investigate the common areas and identify all the fixed assets of an association to determine their maintenance, life cycle, and replacement costs. Boards are responsible to make sure all of the association’s assets are identified and maintained and replaced when necessary. Boards should maintain a list of required preventive maintenance, specific periodic inspections and repairs, and use their Reserve Study to implement replacements in time to avoid a component’s failure.”

Before starting the bidding process, it is critical to make sure your Request for Proposal (RFP) is clear and covers all the important components to be considered. The content and viability of the final contract is dependent on a well written RFP. Use licensed contractors to help you outline your RFP to make sure your bids come in apples-to-apples.

After you have your bids, there are three types of contracts that are typically used by HOAs. They are service contracts, repair/replacement contracts, and preventive maintenance contracts. A definition of these contracts can be found in CAI’s brochure titled, Bids & Contracts: How to Find the Right Community Association Professionals. (See first bullet below on how to obtain this brochure.)

LIKE & FOLLOW US ON

Facebook and Instagram HELP US RAISE OUR VIRTUAL PROFILE

Find Us: @

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Like & Follow Us Make Comments ADDITIONAL CAI EDUCATION ON BIDDING AND CONTRACTING CAN BE FOUND AT THESE LINKS. • Board members can find research documents, best practices brochures, and other resources by clicking on the Homeowner Leader tab. Community Association Institute (CAI): www.caionlin.org.

Share with Others

• Once on the CAI site, look for the CAI brochures, Reserve Funds: How and Why Community Associations Invest Assets or CLICK HERE: ReadingRoom/Pages/ReserveFunds.aspx, and • How to Find the Right Community Association Professional, Developing Bid Specifics, and Contracting Professionals. CLICK HERE: Watch for CAI and CAI-CV educational classes for more information on bids and contracts. If you need assistance, there are many experts within CAI-CV that have experience and knowledge. You can find them in the CAI-CV Directory at www.cai-cv.org or CLICK HERE: or by using the CAI-CV APP. Before entering into the bidding and contracting process, always seek the advice of professional advisors including your professional community manager and your HOA attorney, and document their advice in your HOA (corporate) minutes. Remember, if things go wrong with a contract, the courts will treat your association as a corporation, not a neighborhood committee. Get educated and be prepared!

With CAI education, and with the assistance of CAI professional advisors, the board can have confidence in accepting and signing contracts.

Guido Portante is a retired Brigadier General. He is the Treasurer of Mira Vista at Mission Hills HOA and is an active member of CAI-CV’s Homeowner Leader Committee. You may reach Guido at gportante@aol.com.

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35

WATER WISE

Water Secrets Revealed

By Patrick Simmsgeiger

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lmost every day I am asked to outline a water treatment plan. New clients and old friends expect the answer to be simple, but there are many ‘It Depends’ caveats. Each body of water is unique, responding best to a slightly different approach.

Even if the dosage is simple, the application is as important as the products used. These conversations often reveal that the owner is unsure of site-specific details, the deeper challenges presented and the nuances of water treatment. Setting all that aside, the following is a simplified approach to aquatics.

The best management practice for water is to use the least amount of chemicals. This is balanced against the need to control unwanted and invasive species, while minimizing labor. Ecologic diversity is the long-term goal. Below a certain dosage, chemicals have a negligible effect. Therefore, an aquatic program generally first increases toxicity, then ramps down chemical usage. Ultimately the aquatic plant growth becomes acceptable, costs are reduced, and the water ambience/function is near maximum.

HOW TO ESTIMATE LAKE OR POND SIZE Measure Length (L), Width (W), and average Depth (D) in FEET. Then multiply for: Square shaped bodies of water: L x Wx Dx 7.5 = Approximate Gallons Circular or Elliptical bodies of water: L X W x D x 5.9 = Approximate Gallons • Total gallons divided by 325,851.6 (gallons per acre feet) = Acre Feet • Total length x width divided by 43,560 sq ft = Surface Acre Example: 1,000'L x 600'W divided by 43,560 sq ft = 13.8 Surface Acre

THE FOLLOWING FACTORS AFFECT WATER TREATMENT ESTIMATES: Water Volume: What is the surface area and average depth?

Water Source: Does the lake fill with water from an aquafer, a deep well, city water, or reclaimed water? The less pristine the source, the higher the nutrient loading, and thus the more product needed for the same level of control. This also applies to landscaping and nearby animals, especially uphill and upwind.

Dissolved Oxygen: Does the water have enough dissolved oxygen (DO) available, both for the fish and other oxygen consuming creatures? Generally, 4ppm is poor DO, 6+ppm is good, whereas 3ppm or lower will see fish kills. Higher DO will discourage the growth of algae and cyanobacteria, as these excrete oxygen. Lower temperature waters can hold more DO; more salinity can reduce DO; more wind increases DO and evaporation. A lake often requires mechanical aeration to have sufficient DO, such as diffusers, fountains and waterfalls.

Depth Max and Average: Water depth is important to know for application calculations, but also to estimate biologic functions. Comparing the current depth profile with the lake’s original design, the difference is the muck accumulation, which is a combination of dirt/clay and biologic material.

Bottom diffusers are less effective at DO introduction at depths 36

Quorum April, 2021

less than 6 feet; depths greater than 40 feet see less DO despite the lower temperatures at those depths.

Mixing and Circulation: Moving water is healthy water. How long does it take for the entire volume to recycle? Healthy water turns over a few times a day. Circulation implies mixing, which is enhanced by bottom diffusers at all depths. Large bodies of water often have coves and fingers, which have lower circulation. The larger a lake, the less likely it has good circulation, especially at the deepest points.

Effluent: Where does the water flow when it leaves your lake/property? EPA and State laws limit pesticides and other products in water. A property owner should not add any product before understanding the laws governing their property and the property downhill receiving effluent.

Changing the Environment: Peripheral trees and other high nutrient sources may need to be moved or eliminated. Increased light will result in more algae growth.

Increased wind from tree removal will help the DO% but will also increase evaporation.

More evaporation will increase the cost of water replacement, so dissolved solids in the water may increase. Some lakes are devoid of aquatic grass. The introduction of fast-growing aquatic grass can address this problem. In later years this grass could take over 50% - 80% of the lake surface, requiring a huge annual expense to cut back. Before adding or subtracting to an aquascape, including the nearby landscaping, consider the long-term outcomes carefully.

Goals and Limitations: Clearly define what is the highest priority, and who may disagree with this goal, or wish to amend the process. Water management is not intuitive, often having capital and recurring costs.

Many companies offer different products and processes, promising similar outcomes. Some prefer killing everything for maximum control in the short-term, minimizing labor and short-term cost. Others prefer the ecologic approach, using subtler products that ‘turn the big ship’ around. A reservoir owner wants maximum volume

Welcome Aboard KAPOW! CLEAN

By Meaghan Gaffney-Howe CMCA, AMS

Kapow! Clean P.O. Box 4575 Palm Springs, CA 92264 www.kapowclean.com Andrew Roide

Harrison Gerhardt

Michael Schneider

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elcome Aboard, Kapow! Clean! Established in 2021, Kapow! Clean is a continuation of a family business, HOA Cleaning from the Heart, which was established in 1995, and has been a longtime CAI-CV member. After the retirement of the owners of HOA Cleaning from the Heart, their son and two long-time employees joined forces to carry on the family business of HOA cleaning and maintenance, and Kapow! Clean was born.

Kapow! Clean cleans and maintains the association’s common areas; they are the eyes, ears, and hands on the ground. They will remove pool deck debris the day after a windstorm, adjust clocks for daylight saving, remove cobwebs, clean up dust, and so much more. They will even detect where bathroom odors are originating from! Servicing their clients on a weekly basis, they are confident that they will correct issues before you even hear about them.

The three managing partners are the contacts for Kapow! Clean: Andrew Roide, Harrison Gerhardt, and Michael Schneider, who bring a combined 36 years of experience in all things cleaning and handyman work.

Andrew is from Palm Springs, and has excelled in hospitality and marketing.

He is a hobbyist cartoonist and believes all slices of bacon look like California.

Harrison was born in Palm Springs and raised in the high desert where the Joshua Tree National Monument was his backyard. Known for his tireless work ethic, he has had numerous accolades in the hospitality and food and beverage industry, which, in turn, took him all over the world (Hawaii, New York, New Orleans, and Paris). Hotels are not his only passion; you will also find Harrison at a local driving range, remodeling houses, or helping others with their to-do lists.

Originally from the Midwest, Mike relocated to Southern California in 2006. He has enjoyed a prosperous career in hospitality management since coming to the Coachella Valley. Living in South Palm Springs, Mike and his family take advantage of the plentiful scenic hiking and biking trails. They also enjoy road trips and camping at national parks in the summer.

Andrew, Harrison, and Michael are excited to be a part of the CAI community and perhaps, a part of your team! You can reach Kapow! Clean at (760) 626-2260 or contact@kapowclean.com. They are located in Palm Springs and you can visit their website at: https://kapowclean.com.

Welcome aboard Andrew, Harrison and Mike!

Meaghan Gaffney-Howe, CMCA, AMS is a community manager and Vice President of The Gaffney Group, Inc. Meaghan can be reached at meaghan@thegaffneygroup.net.

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37

WATER WISE

with toxicity just below the legal limit. A mixed-use HOA wants fish and no algae blooms, with butterflies and birds coming back each year. Depending on the property either can be correct.

CALCULATIONS Step one is usually control of algae/cyanobacteria, which may be at the advanced stage of a harmful algae bloom.

Copper (Cu) products are the most effective, coming in several forms. Using a double-chelated product, which is a liquid, is the most efficient. Commonly we use F-30 Algae Control, which introduces 0.1ppm Cu for each gallon applied to 1 AcreFoot of water; persisting for about 21 days. Control generally begins at 0.2ppm; 1.0ppm Cu is the EPA limit for potable water. Using these concepts, we can make a plan to address the owner’s goal.

Example: Volume of Water 300’ x 700’ x 11’ average depth = 2,310,000 Cubic Ft. A closed system with average water source quality and no effluent issues.

The surface is 4.82 acres, or 210,000 Sq. Ft., so a fairly large lake. Air Temp Day Avg ~ 85 F. Circulation is not good; wind is high from the west; trees and brush surround the entire lake.

The lake was built in 1975 as a reservoir for cattle and crops, plus flooding protection. Original depth was 25’. The bottom layer is 60% mud/40% bio muck, reducing the original volume by about half. The abundance of minerals makes this ‘hard’ water, known to precipitate out copper in lower quality algaecides. The water is very turbid with a planktonic algae, plus a top matting of Lyngbya. There is no aeration. A new owner has finished building a home on the lake; the big family has moved in; they like fishing and being outdoors with their dogs.

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Solution: The family wants a fast fix, but years of damage and a weak biosphere will take 1-2 years to address, assuming the best approach. Because they just made a big move, funds are tight and big investments for the lake are not in the budget. A middle ground solution is needed now. For safety until the HAB is eliminated, forbid any swimming, and pets should be kept from the water.

Even though they should not be in the water, it is being used to water crops and fill troughs. The cows seem healthy. Sheep are very susceptible to copper, so they should be watered from another source. Now that the family is safer, the application can be considered. Maximum Cu for potable water should be approached, so calculate for 0.8ppm for a strong initial control.

53 (Acre-Feet) x 8 (.1 per Gal) = 424 gallons of F-30 The Mfg. says that 4 parts F-30 Algae Control with 1 part F-55 Bio Zyme is very effective, so the owner orders 400 gallons of F-30 AC and 100 gallons of the beneficial bacteria enhancer.

If another control dosage is needed, begin 30 days after last application, for 0.5ppm.

Follow label instructions on all products.

Despite budget issues, the owner installs one multi-head diffuser in the deepest spot, increasing DO and mixing. The water column is so unhealthy no enzyme will diffuse to the bottom. Ten gallons of F-55 BZ are repurposed to drip-drag lines, injecting directly into the muck layer. Two months later a 5-pound bucket of F-51 Muck Reducing Pellets is purchased for bottom treatment, to reclaim depth and further boost the beneficial bacteria colony. Multiple advantages are slowly observed as the ecosphere reacts over the first six months.

The next year, applications are reduced in half, then in half again. A long-lasting aquatic-blue dye with a UV blockers is

added to the process (F-40 Enviro Blue). The family likes the color, but it is the reduction of photosynthesis that is sought.

Then a clarifier is added to the treatment, dropping nutrients into the muck, which is now being eaten by the diverse bacteria. The ugly and smelly matting has not returned; fish are abundant and healthier.

Other important applications can be incorporated, like more instruments in a song. Clarifiers bind and drop particles from the water column, so their nutrients are unavailable to algae. A defoamer will break down unsightly bubbles. Two different quality dyes can mix for a preferred look, while not compromising the UV-blocking performance of the blue/ yellow product. Pure bacteria and vital minerals replace those missing and absorbed by struggling water.

Finishing our story… More aeration is installed in 2-3 years. At this stage, synthetic chemicals are mostly replaced with biologic products. The family includes a waterfall built with local rocks, which pushes surface currents against the prevailing winds, clearing out the last stagnant region. Only in especially hot years, when pollution overwhelms the balanced and healthy water, does the family resort to a control treatment. But now the lake recovers quickly. Maintenance is sufficient for many years and fish thrive.

Patrick Simmsgeiger is the President of DWI, a lake management company based out of Southern California.

He is a Certified Lake Manager (CLM) with over 40 years of experience in the field. contactus@dwiwater.com

Welcome Aboard

Accurate Termite and Pest Control

By Meaghan Gaffney-Howe, CMCA, AMS

W

elcome aboard Accurate Termite and Pest Control! Serving over 1,000 HOA clients throughout Southern California, Accurate Termite and Pest Control is a full-service termite and pest control company that offers general pest control maintenance, as well as termite treatment and wood replacement, to commercial and residential properties including CIDs and single family homes. Their custom web-based scheduling tools allow clients to schedule their termite inspections online and at their convenience – a one of a kind method designed to make the client’s job easier while delivering better and more thorough results. This custom web page features a Manager/ Board Member Portal for tracking termite inspection activity, and it also allows clients to easily obtain state-mandated documents pertaining to fumigations.

Accurate Termite and Pest Control offers their clients an umbrella of protection for all of their termite and pest control needs with their in-house staff in a single source.

Greg Borzilleri is the Regional Director of Sales and Marketing for the company.

In his spare time, Greg coaches a nationally ranked 16U girls fastpitch softball club team, who ended the 2019 season ranked #1 in the country. He says that through softball, “we have helped hundreds of girls realize their dreams and achieve college scholarships.” Greg has written articles for several industry magazines and regularly facilitates courses on construction and maintenance for CAI, management companies, and homeowners’ associations.

Greg is Past President of the Los Angeles Chapter of CAI (2018), and has served as Director of the Los Angeles and Inland Empire Chapters. Greg was recipient of the Speaker of the Year award in 2013 (CAI-OC) and the Outstanding Service Award in 2015 (CAI-LA). He currently serves on the Education Committee in Orange County, Inland Empire, and San Diego, as well as the Special Events Committee in the Inland Empire and the Outreach Committee in San Diego.

Accurate Termite and Pest Control holds a General Building Contractor’s

license, an Agriculture license, a Structural Pest Control license, and has earned the Educated Business Partner distinction from CAI. The company holds memberships with the Orange County, San Diego Inland Empire and Los Angeles Chapters of CAI, and is also a member of the California Association of Community Managers.

Greg Borzilleri can be reached at greg@accuratetermitecontrol.com, or (949) 285-7802 (cell).

Isaac Camacho, the Sales Manager for the company, can be reached at Isaac@accuratetermitecontrol.com.

Accurate Termite and Pest Control 74-710 Highway 111, Suite 102 Palm Desert, CA 92260 (844) GOT-ANTS workorders@accuratetermitecontrol.com

Meaghan Gaffney-Howe, CMCA, AMS is a community manager and Vice President of The Gaffney Group, Inc. Meaghan can be reached at meaghan@thegaffneygroup.net.

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39

EVERYTHING CONCRETE

(760) 776-2100 GAUSTON.com

ADA COMPLIANCE TRIP HAZARD REPAIR SIDEWALKS

New driveway approach meets ADA compliance

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Join the On-line Discussion Among Local HOA Board Members in the Coachella Valley TO ENROLL, SEND AN EMAIL TO: CAICV-HOALeadersForum+subscribe@groups.io or CLICK HERE

LEARN HOW OTHER HOA BOARDS FUNCTION. ASK THE CAI-CV/DCHC COMMUNITY!

1

To comment on any posting, just type “reply” in your email. To start a topic of discussion, send your request to the email blow.

CAICV-HOALeadersForum@groups.io Examples of Topics Discussed • • • • • • •

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Quorum April, 2021

You will receive a confirmation email. Once you respond, you will be part of the discussion.

Electronic Board Meetings Mailbox Clusters Elections Tree Inoculations & Pruning Exterior Elevation Inspections Ring Doorbell Cameras Gate Code Policies

• • • • • •

Political Signs Architectural Requests Lawsuits vs Association Irrigation Timers Video Cameras Mileage Reimbursement for Volunteers

The on-line board members’ discussion group is a service of CAI-CV and Desert Cities HOA Council.

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CAI-CV 2021 TITANIUM SPONSOR SPOTLIGHT

THE RECOGNIZED AUTHORITY IN COMMUNITY ASSOCIATION LAW FIORELAW.COM | 760.776.6511 Fiore Racobs & Powers is a pioneer in residential and commercial community association law in Southern California. Since opening its doors in April 1973, Fiore Racobs & Powers has expanded to four offices, located in the Coachella Valley, Inland Empire, Orange County and San Diego County.

Our Firm was founded on the core value of people making a difference through the practice of law. We are dedicated to the success of community associations through the practice of law, the education of our clients and industry professionals, and the advancement of public policy.

Our practice areas include: • CC&Rs, Rule and Architectural Enforcement

• Litigation

• Governing Document Amendment

• Appeals

• Elections/Recalls

• Contract Review and Preparation

• Legal Opinions

• Small Claims Assistance

• Assessment Collection

• General Legal Services

The Firm's Coachella Valley office was opened in 1992, by Margaret "Gen" Wangler, Esq., CCAL®. For over twenty years, Gen was an active member of CAI, and she continues to be one, even after her retirement in 2019. Gen is a past president and current member of the Board of Directors of the Chapter and also serves on the Chapter's Education Committee.

Julie R. Balbini, Esq., joined the Firm in October 2016 and is a Shareholder and the Managing Attorney of the Coachella Valley Office. She has practiced law in the Coachella Valley for nearly twenty years and could not be happier than she is representing community associations. Julie is very active in the Chapter. She is a member of the Board of Directors of the Chapter and serves as its Secretary. She is also the Chair of both the Programs Committee and the Public Relations Committee.

A highlight in the Firm's history was Gen's representation of the plaintiff in Villa De Las Palmas Homeowners Association v. Terifaj from trial to the California Supreme Court. In that case, the Palm Springs association sought to enforce a "no pets" restriction in its amended and restated CC&Rs. The association prevailed at trial and in the Court of Appeal. The California Supreme Court then took up the case, and made the landmark ruling that restrictions added to an association's recorded declaration by amendment are entitled to the same presumption of reasonableness as the restrictions in the original declaration.

The Firm's relationship with CAI began in the early 1980s. The Firm recognized the importance of education to both the industry and legislators in Sacramento. The Firm's founder, Richard S. Fiore, Esq., CCAL®, played a major role in forming the California Legislative Action Committee ("CLAC") in the 1980s and served as Chair from 1991-1994.

Fiore Racobs & Powers looks forward to continuing its close relationship with CAI and its members as part of its commitment to making a difference through the practice of law.

Thank you to Fiore Racobs & Powers for their generous support of CAI-CV! 42

Quorum April, 2021

CAI-CV Educational Lunch Program & VIRTUAL Mini Trade Show Via Zoom

Friday, April 9, 2021 11:30 a.m. – 1:00 p.m.

CLICK HERE to Register LUNCHEON TOPIC:

BALCONIES, ROOFS & PAVING: NUTS & BOLTS OF BETTER MAINTENANCE

GUEST SPEAKERS Mike Araiza Dan Poe NPG Asphalt

Rick Riley

Focus Inspection Group

CM2

Ron Winkle

Roof Asset Management

• Keeping Balconies Safe & Meeting the SB326 Inspection Challenge • Annual Roof Management Best Practices • Fundamentals of Paving Maintenance & Replacement

THANK YOU TO OUR APRIL PROGRAM SPONSORS Conserve LandCare AMS Paving Epsten, APC CIT C.L. Sigler & Associates, Inc. ET Water/JAIN Irrigation

THANKS TO THE MARCH PROGRAM SPONSORS AMS Paving C.L. Sigler & Associates, Inc. Conserve LandCare Seacoast Commerce Bank GET THE ZOOM LINK BY REGISTERING AT WWW.CAI-CV.ORG. MANAGERS WILL RECEIVE ONE CEU Cost: FREE (760) 341-0559

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43

LANDSCAPING

Keeping it Green

By Glenn A. Miller, CGCS

I

t's early spring and all good community management professionals and landscape committee chairpersons are turning their thoughts to figuring out how their association’s turf areas are going to transition to bermudagrass this summer. If the appearance of your community’s summer turf has been challenging in past seasons, looking thinned out or even bare in areas, you are probably looking for a solution. Managers want to make prudent choices that will give their property the desired results without breaking the bank.

Remember there is always a transition period between the annual overseeding and the summer bermudagrass, so be aware that your turfgrass will not be perfect during this period. It is "THE HEALTHIER what you do next, to help support BERMUDAGRASS the transition, that matters. The YOU HAVE healthier bermudagrass you GOING INTO THE have going into the overseed OVERSEED PERIOD, period, the healthier bermudagrass you will have coming THE HEALTHIER out. It is important to allow time BERMUDAGRASS for the needed cultural practices: YOU WILL HAVE seeding, fertilizing, irrigation, COMING OUT." and pest management, along with an application of pre-emergent weed control. While these practices take time and money, they will help ensure a good outcome.

WHAT IS AERATION AND OVERSEEDING? Aeration is the process of making holes in the lawn by pulling small soil plugs called “cores” with a machine called a core aerator. Aeration allows more oxygen, water, and nutrients to penetrate deep into the soil and down to the root zone. This is important because it creates an optimal environment for the root system to grow and healthier roots add up to healthier turf.

Typically, aerating, verticutting or spiking is coupled with overseeding and turfgrass transition, which is the best process of putting new seed down. This is beneficial as it allows for better seed-to-soil contact. In other words, if the seed falls into the open holes it will have a better chance for germination.

44

Quorum April, 2021

Of course, overseeding with a quality hybrid Bermuda seed is also a vital part of this process. Some people assume they can just throw down some seed that they bought from a big box store and the process will take care of itself. The truth is that there is much more to turf transition. If you want thriving turf, you will find value in working with experienced landscape maintenance professionals.

SOIL PREPARATION IS KEY Now is the time to start preparing the groundwork for great summer Bermuda turf while temperatures are still mild. One of the biggest mistakes that many HOAs make is failing to replenish and feed the soil (not the grass) before warm weather starts. The first step is to ask your landscape professional to perform a soil test. Based on the results, have an application of NPK fertilizer or balanced fertilizer like 15-15-15 applied to feed the soil as needed. Also, Humichar and other soil amendments can be applied to help improve the soil health further.

If your association has budgetary limitations that don’t allow for weekly mowing during the summer months, then ask your landscape professional to look for other ways to support your turfgrass goals.

THE RESULTS ARE WORTH THE EFFORT Restoring browned out, beat-up turf areas can be challenging, but your association can achieve the turf of your dreams if you choose the right methods, and you rely on landscape maintenance professionals to assist you in the process.

Developing a good turfgrass maintenance program is one of the most important things you can do for your association.

Glenn A. Miller, CGCS is Vice President of Operations for Southwest Landscape & Maintenance, LLC and United Landscape. They are located at 45-100 Golf Center Parkway, Suite E, in Indio. Glenn is also a member of the City Council for the City of Indio. Glenn can be reached at (760) 590-8544 or by email at Glenn@SWLandscape.net.

POOLS SUBMIT YOUR POOL QUESTIONS TO ADMIN@CAI-CV.ORG

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FEATURES

QUESTION Dear Pool Guy, How do I fix rust spots in my pool?

Signed, Rusty

COMING SOON!

Please call the CAI-CV office at

(760) 341-0559

9 COVID-19 Vaccines FEATUR 10 From the “Twits” to the “Eagles” THEES CAI-CV SOFTBALL TEAM 9 COVI 13 CAI-CV Past Presidents’ Memories D-19 Vaccines From 18 CAI-CV Presidents10 From 1981 to“Twit 2021 the s” to the “Eag CAI-C les” THE CAI-C From 1992 to 2021 V Past FEATURES20 Chapter Directory13Covers Presid V SOFTBALL ents’ Mem 18 CAI-C TEAM ories TEAM VBALL 21 Quorum Magazine Covers From 1983 to 2021 Presid ents V SOFT nes From 1981 20 Chap THE CAI-C to 2021 les” COVID-19 Vacci 23 the ter “Eag DirecCAI-CV’s – Celebrating tory Covers s” to A Look Back in Time 21 Quorum ories From the “Twit 40thMem Anniversary with Wayne Guralnick, Esq. From 1992 to 2021 Magazine Cove Presidents’ rs CPA From 1983 2021 23 A Look Back CAI-CV Past and Palm Desert Councilman Sabby Jonathan, 1981 to to 2021 in Time ents From 2021 – to Celeb Presid V 40th 1992 rating CAI-C CAI-CV’s rs From 24 Cove Photos Through the Years Anniversary with tory Wayne Gura and Palm Dese 1983 to 2021 Chapter Direc 40 Cove lnick, Esq. From rs rt What a Difference 40 Years Makes Coun cilman Sabb zine 24 V’s Photos Throu y Jonathan, Quorum Maga54 When rating CAI-C CPA Sponsors Become Esq. Angels gh the Years 40 in Time – Celeb lnick, What

CAI-CV Turns 40

9 10 13 18 20 21 23

a Difference A Look Back Wayne Gura han, CPA 40 Years Make Jonat ersary with When Spon n Sabby54 s 40th Anniv sors Become rt Councilma Angels and Palm Dese the Years s Through s 24 Photo 40 Years Make a Difference 40 What me Angels Sponsors Beco 54 When

if you have questions or suggestions.

on March s 40 10, 2021!

CAI-CV Turn ! , 2021CA I-CV Tu on March 10 on March 10rns 40 , 2021!

ANSWER

THE POOL GUY Mark Feldstein is the CAI-CV Pool Guy. He is CFO and Marketing Director for Gardner Outdoor and Pool Remodeling. Mark can be reached at 619-593-8880 or by email to markf@gardnerremodel.com.

Look for the column each month in Quorum. CAI-CV members may submit questions to Admin@CAI-CV.org.

YOUR HOA CAN BE OUR NEXT COVER $4.95

JANUARY 2020

Dear Rusty, The only way to repair rust spots is to drain the pool, I’m afraid. The finish and the gunite shell of the pool will need to be chipped away until the source of the rust is found. The rebar may have to be cut out (which won't impact the integrity of your pool), then sprayed with Rustoleum or similar product and patched. Be aware that rust spot repair can’t be warrantied not to show up elsewhere in the pool since a contractor can only fix what can be seen at the time of the repair. Also, a patch will probably be visible. The best time to repair rust spots is during a full remodel.

JANUAR Y 2020

T S O C O N

OUR TOERY Y COVE

EV TORY. HAS A S URS! YO TELL US

FEATUR ING 10 Laguna de la Paz Homeow 16 Speed ners Associa Bumps tion 24 HOA Earthquak e Insuranc Myths and Understand e Dispelling the 34 The Fina ing the Risk ncial Risk s s of Reserve Stud Not Obtaini ng A y

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CONTACT THE CAI-CV OFFICE

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45

INSURANCE

Contractor Insurance: What, Why and How?

By Meaghan Gaffney-Howe, CMCA, AMS

I

t goes without saying that contractors are an essential part of our associations; nearly all the physical operations of the community are carried out by independent contractors. While the association does have some say in the activities of the contractors (such as requesting that buckets be placed over the ground lights while trimming the palm trees), the contractor is hired as the expert to carry out tasks, and the association needs to be protected from liability that is incurred during the course of that work. In other words, the association might determine the ends, but the contractor determines the means, and the contractor should take necessary precautions and indemnify the association in the event that some means go wrong. Below are some tips to help associations protect themselves against problems that could arise, including WHAT the issue is; WHY it is important, and HOW you can minimize risk:

What: General Contractors License Why: The State of California requires a proper contractor’s license for any improvement work valued at $500 or more (labor AND materials).

insurance certificate.

Do not give direction to a contractor’s employees.

The contract should clearly spell out how requests and concerns are to be handled.

Ensure that contractors that are listed as “Exempt” from carrying workers’ compensation are indeed a “one-person show.” No helpers, family members, etc. are permitted to assist. The size of the job can be a good starting indicator.

Ensure that your association carries zero payroll workers’ compensation coverage. This coverage can be obtained for about $400 per year and will provide the association with some protection in the event that there is an issue with a contractor’s coverage amidst a claim.

A valid State Contractor’s License provides protections to the consumer including bonding and recourse in the event that a job is handled improperly.

Many insurance policies WILL NOT COVER claims that arise when work was performed by an unlicensed contractor.

What: General Liability – Additional Insured Why: This coverage indemnifies the association from claims

How: Obtain a copy of the State Contractor’s License from

that arise during the course of, and as a result of, the contractor’s work. (Example of when this would come into play: A tree trimmer drops a limb and severely damages a guest’s vehicle. The guest seeks reimbursement for the damage from the association, as the incident occurred on association property.

The association holds the tree trimmer responsible as they were responsible for taking precautions, or communicating to the association that precautions needed to be taken, to avoid the damage).

the contractor.

Double-check the license on the Contractors State License Board website (www.cslb.ca.gov) to ensure that the license is current and active.

Ensure that any signed contract reflects the legal name of the contractor, their business address, and their State Contractors License number.

What: Workers’ Compensation Insurance Why: Workers’ compensation insurance is required by California law.

46

How: Obtain a copy of the contractor’s workers’ compensation

The association could be placed at risk if a contractor does not carry workers’ compensation insurance and one of their employees is injured while working on association property.

Quorum April, 2021

How: Prior to commencement of work, the association should be furnished with an Additional Insured Endorsement from the contractor (or their insurance agent), naming the association as an Additional Insured on the contractor’s General Liability policy.

The Additional Insured should include the name of

INSURANCE

the association c/o the management company, as well as the physical address of the association. (See below regarding exclusions!)

A Certificate of Liability Insurance is useful in determining whether the contractor carries adequate coverage to bid on a project, however it is NOT an Additional Insured document if the association is listed as a Certificate Holder only.

What: General Liability – Exclusions Why: Exclusions are specific circumstances or components that are excluded from an insurance policy, usually via an endorsement. Unfortunately, some exclusions on a contractor’s policy can be to the detriment of the association and the contractor, such as a condo exclusion (the policy does not cover work performed in condominium associations) or an exclusion for operations not disclosed at the time that the insurance was applied for, such as waterproofing.

How: Request a copy of the contractor’s general liability policy to review the endorsements/ exclusions in the policy to ensure that your project is not excluded from the contractor’s policy. Contact the contractor’s agent directly to clarify any concerns you have regarding exclusions.

due to an uneven pool deck following its replacement, or a fire following rewiring of a building.

How: This coverage is usually part of a general liability policy; check to make sure that it is included when gathering the contractor’s insurance information.

Recommended coverage limits vary significantly depending on the size and nature of the contract. Please contact legal counsel and/or your association’s insurance carrier to discuss any questions that you have regarding coverage limits, as well as to review any contractor insurance documents, to ensure that your association has adequate protections in place.

Meaghan Gaffney-Howe, CMCA, AMS is a community manager and Vice President of The Gaffney Group, Inc. Meaghan can be reached at meaghan@thegaffneygroup.net.

Senator Melendez Calls for Support - HOPE Food Drive!

What: Commercial Automobile Liability Why: This is the auto policy that is needed for vehicles that are used during the course of the contractor’s business while on association property.

How: The contractor should provide a Certificate of Liability Insurance, showing proof of coverage for their vehicles (owned autos), as well as their employee’s personal vehicles, if applicable (non-owned auto).

What: Products and Completed Operations Why: Completed Operations affords coverage for a loss caused as a result of the contractor’s work following completion of the work. An example of this may be a trip and fall accident CAI-CV.org

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Thank you

CAI-CV CHAPTER ANGELS COVID has had a significant impact on the Chapter’s ability to have fundraising and networking events.

The following companies have donated all or a portion of their unused 2020 sponsorships to the Chapter. CAI-CV’s Board of Directors honors these business partners that see the value of supporting the Chapter’s educational programs. Many more companies are considering donating unused sponsorships so this list will continue to grow each month! Please thank them and call on them when you have a need for their services.

Alan Smith Pool Plastering AMS Paving, Inc. Asphalt MD's BPR Inc. BRS Roofing Inc. C. L. Sigler & Associates, Inc. CIT Conserve LandCare Delphi Law Group, LLP DSI Security Services Eagle Roofing Products EmpireWorks Reconstruction and Painting Fiore Racobs & Powers, A PLC Flood Response Frazier Pest Control, Inc. Gardner Outdoor and Pool Remodeling GrandManor Green Bryant & French, LLP 48

Quorum April, 2021

Horizon Lighting Inc. LaBarre/Oksnee Insurance Agency, Inc. NPG Asphalt Pacific Western Bank Patrol Masters, Inc. Precision Pool Tile Cleaning Pro Landscaping, Inc. Rey Insurance Services, Inc. Roof Asset Management Seacoast Commerce Bank Securitas Security Services Sherwin-Williams Paint Company Superior Roofing The Management Trust The Naumann Law Firm, PC Three Phase Electric Vantage Point Construction, Inc. Vista Paint Corporation Western Pacific Roofing

FEATURE

CAI-CV Launches New Career Center

By CAI-CV’s Professional Managers Committee

T

he Professional Managers Committee launched the new CAI-CV Career Center on April 1st.

The career center is free to all CAI-CV members. Members can access the site at www.cai-cv.org and then by tapping on the RESOURCES button, and then on CAREER CENTER, or CLICK HERE. Lori Albert, CAMEx, CCAM, CEO of Albert Management and Chair of the Professional Managers Committee said, “This is a very robust job board platform that we hope will attract new people into the HOA industry.” Committee Co-Chair Rhonda Drews, Vice President of Operations for Real Manage said, “A shortage of community managers has been a problem in the Valley for many years. We hope to use the job fairs feature to promote community management as a career.”

CAI-CV’s Board of Directors hopes this new career center will become the ultimate career development destination for all our members. This new platform incorporates data from the three largest job board sites in the country (Indeed, Appcast and Talroo) and offers members an array of job seeking and job posting tools. You can find help crafting your resume or even schedule time with a jobs coach. Some of the products have a cost but searching for jobs is free. CAI-CV members who are looking to fill positions will pay a modest fee to list their jobs on the site.

The posting software offers the finest tools in the industry to narrow down the results to only those job seekers who are qualified.

HERE ARE A FEW OF THE FEATURES: FOR EMPLOYERS Job Postings • Employers can pay a modest fee and easily post job opportunities online.

• Personalized Search and Recommendations • Get increased engagement and job views by recommending opportunities to job seekers based on their prior searches.

• Candidate Screening and Management • Provides employers with functionality to attract, screen and manage applicants online.

FOR JOB SEEKERS Job Search • Allows job seekers to easily search and apply for jobs from their mobile devices.

• Email Job Matching • Automatically sends jobs of interest to relevant job seekers immediately via email when new jobs are posted.

• Job Search Tools The site includes tools for building a resume, career advancement tools, career coaching, and tools for interviewing.

The new career center also offers great articles and other content including resume writing tips, interview techniques, job search ideas, and tips on networking. It even offers free resume critiquing.

And, if you need additional help, use the career center to connect with certified career coaches who can help you with job search strategies, interview tips and help with your resume.

Take some time to go online and check out our new career center! If you have questions or need assistance, call the CAI-CV office at 760-341-0559.

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SIGN UP NOW FOR FALL IN-PERSON EVENTS ANNUAL BOWLING TOURNAMENT LEGISLATIVE UPDATE & MINI TRADE SHOW OKTOBERFEST (SPOOKTOBERFEST) 40TH ANNIVERSARY WINE TASTING NOVEMBER PROGRAM & MINI TRADE SHOW ANNUAL HOLIDAY GOLF TOURNAMENT DECEMBER PROGRAM & MINI TRADE SHOW 2020 AND 2021 AWARDS COMBINED

FRIDAY, OCTOBER 1, 2021 FRIDAY, OCTOBER 22, 2021 FRIDAY, OCTOBER 29, 2021 FRIDAY, NOVEMBER 12, 2021 FRIDAY, NOVEMBER 19, 2021 FRIDAY, DECEMBER 10,2021 DECEMBER 17, 2021 FRIDAY, JANUARY 28, 2022

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

APRIL CAI-CV’s Manager on the Run (MOTR & AMOTR) (for managers and assistant managers)

WHEN: Friday, April 2, 2021, 9:00 a.m. NEW TIME! WHERE: Virtual via Zoom CAI-CV’S Educational Lunch Program & Mini Trade Show (for all members)

WHEN: Friday, April 9, 2021, 11:30 a.m.

SUBJECT: Balconies, Roofs, and Paving WHERE: Virtual via Zoom CLAC Virtual Legislative Days at the Capitol (for all members) WHEN: Monday-Thursday, April 12-15, 2021 WHERE: Virtual via Zoom CAI-CV’s Board Member Workshop (BMW) (for board members)

WHEN: Tuesday, April 13, 2021, 9:00 a.m. NEW TIME! WHERE: Virtual via Zoom Desert Cities HOA Council (for board members) WHEN: Thursday, April 15, 2021, 10:00 a.m.

WHERE: Virtual via Zoom

2022

Webinar Live - Safety First: What to Know Before You Open Your Pool (for all members) WHEN: April 28th, 2021 2pm ET

CLICK HERE

MAY CAI-CV’s Board Member Workshop (BMW) (for board members) WHEN: Tuesday, May 11, 2021 NEW TIME! WHERE: Virtual via Zoom CAI-CV’S Educational Lunch Program & Mini Trade Show (for all members)

WHEN: Friday, May 14, 2021, 11:30 a.m.

WHERE: Virtual via Zoom Desert Cities HOA Council (for board members) WHEN: Thursday, May 20, 2021, 10:00 a.m.

WHERE: Virtual via Zoom

CAI-CV 2020 & 2021 Awards Combined & Monte Carlo Night (for all members) WHEN: Friday, January 28th WHERE: Omni Las Palmas Resort & Spa, Rancho Mirage

ANNOUNCEMENT CAI National’s 2021 Annual Conference will be held live in Las Vegas from August 18th through 21st.

CLICK HERE

Due to the COVID-19 crisis, dates, times and venues may change. Please watch for email updates or visit CAI-CV.ORG. You may also call the CAI-CV office at 760-341-0559 for calendar updates.

40TH ANNIVERSARY CORPORATE SPONSORS TITANIUM________ AMS Paving, Inc. Associa Desert Resort Management Bissell Design Studios, Inc. Cartwright Termite & Pest Control, Inc. C. L. Sigler & Associates, Inc. Conserve LandCare Fiore Racobs & Powers, A PLC Gardner Outdoor and Pool Remodeling Pacific Western Bank Prendiville Insurance Agency Roof Asset Management Signarama Vantage Point Construction, Inc. Western Pacific Roofing

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BRONZE________________________________________________

Asphalt MD's NPG Asphalt 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 Harvest Landscape Enterprises, Inc. Horizon Lighting Inc. Nissho of California, 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

Patrol Masters, Inc. 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

ATTENTION BUSINESS PARTNERS & MANAGEMENT COMPANY EXECUTIVES

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