2021 Quorum August

Page 1

AUGUST 2021

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AUGUST 2021

CAI-CV Will Receive 11 National Awards at CAI's National Conference ACHIEVEMENT AWARD

ACHIEVEMENT AWARD

ACHIEVEMENT AWARD

ACHIEVEMENT AWARD

Member Services Homeowner Leader Education & Membership Initiative

Chapter Management & Development Strategic Planning Initiative

Leadership Business Partner Mentoring Project

Public Affairs Buck-A-Door Grassroots Initiative

ACHIEVEMENT AWARD

EXCELLENCE AWARD

EXCELLENCE AWARD

EXCELLENCE AWARD

Member Services Community Association Board Recruitment

Public Affairs

Membership

Chapter Management & Development

EXCELLENCE AWARD

EXCELLENCE AWARD

ACHIEVEMENT AWARD

Member Services

Leadership

Chapter Management/ Development Programming Leadership Training Initiative

CAI National will be celebrating your accomplishments on stage at the 2021 Annual Conference in Las Vegas on Friday, August 20th.

4 COVID-19 Vaccines 11 Transitioning Your Landscape From Summer to Winter 15 Association Budgeting – Thoughts From a CPA 19 Pictures from CAI-CV’s Past 21 Thank You to CAI-CV Chapter Angels 22 Building Maintenance Inspections 26 Cybercrime - Phishing Season is Always Open 29 CAI-CV 40th Anniversary Interviews with Past Presidents - Rich Warfield 31 CAI-CV Medallion Community Recognition – Montage at Mission Hills HOA 32 Crime Prevention Through Environmental Design (CPTED) 38 Hiring Vendors and Negotiating Contracts for Landscaping Services 48 Condominium Public Policies, Best Practices, and Resources 49 Champlain Towers South Condo Collapse Surfside, Florida – CAI Response

INSIDE


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, CMCA®, AMS® Director of Marketing/Business Development 42635 Melanie Place | Suite 103 Palm Desert, CA 92211 | 760.610.7696 jwalters@drminternet.com

2

Quorum August, 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

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CREATIVE | BRAND | STRATEGY WORKING WITH YOU TO CREATE EFFECTIVE DESIGN SOLUTIONS

Proud to be a part of the award winning CAI-CV team!

(714) 293-3749 BissellDesign.com CAI-CV.org

facebook.com/CAICV

@CAI-CV

3


CAI-CV NEW & RENEWING MEMBERS RENEWING BUSINESS PARTNERS

NEW MANAGER MEMBERSHIPS

BRS ROOFING, INC.

Stacey Hendricks (760) 851-1377 stacey.marie525@gmail.com

Tony Brasil (909) 884-8505 tony@brsroofing.com PATIOSHOPPERS COMMERCIAL POOL & PATIO FURNITURE Todd Chism (951) 500-1803 todd@PatioShoppers.com POPPIN PROMOTIONAL PRODUCTS DJ Conlon (951) 536-8956 dj@poppinpromos.com QUALITY STREET SERVICE, INC. Sean McElvy (909) 373-6914 shugie@sweepershop.com

Sierra Carr (760) 391-0865 scarr@drminternet.com Rosie Galla (760) 346-1161 rgalla@drminternet.com

ASSOCIA DESERT RESORT MANAGEMENT Mallory Aranda (760) 346-1161 maranda@drminternet.com

Melisa Torres (760) 333-1341 melisa1029@ymail.com

Mark Dehe (760) 346-1161 mrdehe@drminternet.com

CORONADO SHORES CONDOMINIUM ASSOCIATION Jerry McDonald (858) 336-3789 jerrymcdonald@hotmail.com

Nicole Velasquez (760) 346-1161 nvelasquez@drminternet.com

FIRSTSERVICE RESIDENTIAL CALIFORNIA, LLC

Katelynn Villagomez (760) 346-1161 kvillagomez@drminternet.com

Berenice Ceja (760) 834-2482 berenice.ceja@fsresidential.com

ROOF ASSET MANAGEMENT, INC.

PERSONALIZED PROPERTY MANAGEMENT CO.

Rob Winkle (760) 333-9900 rob@ramroof.com

Shelly Ruegsegger (760) 325-9500 sruegsegger@ppminternet.com

Dennis Elam (760) 772-5755 delam@heritagepalms.org

RENEWING MANAGER MEMBERSHIPS

OASIS PALM DESERT HOMEOWNERS ASSOCIATION

Cardinal Ambrose (760) 399-2192 cardinalmarion@gmail.com

Eve Weber (760) 345-5661 eweber@theoasiscountryclub.com

Eric Angle (760) 802-1948 eric.angle@fsresidential.com

PERSONALIZED PROPERTY MANAGEMENT CO.

S.B.S. LIEN SERVICES Jennifer Kennick (818) 991-4600 Ext. 211 jkennick@sbstrustdeed.com THE SHERWIN-WILLIAMS COMPANY Vera Cortez (760) 809-9691 swrepq102@sherwin.com

RENEWING MANAGEMENT COMPANY MEMBERSHIPS AVAIL PROPERTY MANAGEMENT Iyad Khoury (760) 771-9546 iyad@availhoa.com KEYSTONE PACIFIC PROPERTY MANAGEMENT, LLC Christine Rodgers (949) 430-5803 crodgers@keystonepacific.com

Greg Dunkel (760) 346-5683 gregpdtc@gmail.com Cheryl Laughrey (760) 408-2277 cklaughrey@gmail.com Mary Walker (760) 469-7026 mewmgmt@aol.com ASSOCIA DESERT RESORT MANAGEMENT Catherine Baker (760) 346-1161 cbaker@drminternet.com Carol Calhoun (760) 346-1161 Ext. 103 ccalhoun@drminternet.com

HERITAGE PALMS HOA/CC

David Schuknecht (760) 574-8179 david@ppminternet.com THE MANAGEMENT TRUST, DESERT DIVISION Grace Paluck (760) 776-5100 Ext. 6324 grace.paluck@managementtrust.com THE VINTAGE CLUB - MASTER ASSOCIATION Jacqueline Wright (760) 862-2085 jwright@thevintageclub.com WHITESTAR MANAGEMENT Christopher Bremseth (760) 773-0123 chris@whitestarmgmt.com

NEW VOLUNTEER LEADERS EL DORADO PALMS ESTATES Michael Albert Carl Anders Markus Liperft Cheryl McFadden Ron Meddock Dave Nyberg Michael Stemmeler Patrick Stonebraker Harry Tripp MIRA VISTA AT MISSION HILLS Jim Bradfield Phyllis Cooper Rosalyn Goldstein Carol Levine Ron Novak Don Palmer Carol TrentaCosta Jim Wegge

RENEWING VOLUNTEER LEADERS CASA DORADO AT INDIAN WELLS ASSOCIATION Tom Anderson Diane Bielen Leonard Buchan Mark Harner Ronald Henderson Tom Pridonoff Eric Steiner COURTYARDS AT DESERT FALLS Kathy Coplen Greg Vaka ESPLANADE Michael Etheridge Richard Huettner Robert Livon Bradley McGee Karen Webster GENERATIONS – INDIO Lisa Corton Susan Irvings Sean La Rue Roberto Montes Christopher Thomas PALAZZO SHADOW HILLS HOA Jay Kanner Arthur Kimball Rudy Ramirez Roy Schaefer Kimberly Thome

ARE YOU ELIGIBLE TO BE VACCINATED?

COVID-19 VACCINES 4

Quorum August, March, 2021 2021

https://covid19.ca.gov/vaccines/ DID YOU KNOW YOU CAN GET NOTIFIED WHEN IT’S YOUR TURN?

https://myturn.ca.gov/


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.

CONTENTS

FEATURES

4 11

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 The Gaffney Group, Inc.

JAY JARVIS, CMCA, CCAM, AMS HOA Office, 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

EDUCATED BUSINESS PARTNER

Rey Insurance Services A FARMERS® Insurance Agency

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

HOLLY SMITH, CMCA, AMS, PCAM Associa Desert Resort Management CAI-CV

EDUCATED BUSINESS PARTNER

GEN WANGLER, ESQ.

COVID-19 Vaccines Transitioning Your Landscape From Summer to Winter By Fran Mullahy

15

Association Budgeting – Thoughts From a CPA By Jeremy Newman, CPA

19 Pictures from CAI-CV’s Past 21 Thank You to CAI-CV Chapter Angels 22 Building Maintenance Inspections By Steven Shuey, PCAM, CCAM

26 Cybercrime - Phishing Season is Always Open! By Chris Kayser, MCJ ( Cybercriminologist

), CIC, BGS (Hons), CMT,

29 CAI-CV 40th Anniversary Interviews with Past Presidents – Rich Warfield By Becky Hayes, CIRMS

31 CAI-CV Medallion Community Recognition – Montage at Mission Hills HOA By Jay Jarvis, CMCA, CCAM, AMS

32 Crime Prevention Through Environmental Design (CPTED) By Bruce Latta, CMCA

38 Hiring Vendors and Negotiating Contracts for Landscaping Services By Jeffrey A. French, Esq.

48 Condominium Public Policies, Best Practices, and Resources By CAI National

49 Champlain Towers South Condo Collapse Surfside, Florida – CAI Response By CAI National

CREATIVE DIRECTOR & GRAPHIC DESIGNER

DEPARTMENTS

RODNEY BISSELL Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749

CLAC UPDATE

30 Meeting Local Representatives By Jay Jarvis, CMCA, CCAM, AMS

46 Legislative Update ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION admin@cai-cv.org

By Mike Traidman

HOA LAW

36 The Risks Associated with Deferred Maintenance By Lisa Tashjian, Esq. and Tawnza Sofranko, Esq.

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.

40 Drafting Effective Vendor and Construction Contracts (Part 4) By Wayne S. Guralnick, Esq.

PEST CONTROL

47 Ask the Bug Lady By Lori Fahnestock

CAI-CV.org

facebook.com/CAICV

@CAI-CV

5


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Do you need a little deliciousness 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. 6

Quorum August, 2021


CONTENTS

2021 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS

CAI-CV

EDUCATED BUSINESS PARTNER

EVENTS

CHAPTER NEWS

10

2021 CALENDAR (Updated)

4

13

CAI-CV Annual Bowling Tournament

CAI-CV New & Renewing Members

MATT LAWTON, CIC, CIRMS PRESIDENT Prendiville Insurance Agency

CLINT ATHERTON, PCAM PRESIDENT-ELECT Sun City Palm Desert

14

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

17

18

Cartwright Termite & Pest Control, Inc.

FirstService Residential

CAI-CV

EDUCATED BUSINESS PARTNER

24

HOA Legal Services

Associa Desert Resort Management

25

LOUISE STETTLER DIRECTOR

CAI-CV

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

30

CAI-CV 40th Anniversary Celebration & Wine Tasting

9

List of Advertisers

17

Friday, November 12, 2021, Shields Date Garden

2021 Directory Available NOW

23

CAI Legal Forum California Communities

Printed Quorums Available NOW

23

CAI-CV Election of Directors

CAI-CV Annual Holiday

28

CHRISTMAS VACATION (National Lampoon's) Desert Princess Country Club Friday, December 10, 2021

LIKE & FOLLOW CAI-CV on Facebook and Instagram

33

HAVE YOU HEARD

Golf Tournament

CAI-CV Shredding Event

CAI-CV Annual Awards & Monte Carlo Night

CAI Board Leader Certificate Program

By Holly Smith, CMCA, AMS, PCAM

34

35

CAI-CV Annual Oktoberfest Celebration SPOOKTOBERFEST Friday, October 29, 2021, 5:30 p.m., Sunshine Landscape

Executive Director clockett@cai-cv.org

42

CAI-CV Educational Lunch Program & Virtual Mini Trade Show CYBERSECURITY Friday, September 24, 2021, 11:30 a.m. Via Zoom

52

Fall In-Person Events

52

Upcoming Events CAI-CV.org

CAI-CV Launches New Career Center By CAI-CV’s Professional Managers Committee

42

Thanks to July Program Sponsors

43

2021 Titanium Sponsor Spotlight Bissell Design Studios Inc.

44

Download the CAI-CV APP

45

CAI-CV Membership Drive

Friday, November 5, 2021

CAL LOCKETT

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.

President’s Message

CAI-CV’s SPEAKEASY RED VELVET LOUNGE Friday, January 28, 2022

Palm Desert Greens Country Club HOA EDUCATED BUSINESS PARTNER

8

CAI-CV Parking Lot, 75410 Gerald Ford Drive, Palm Desert Wednesday, August 25, 2021, 10:30 am to 1:30 pm

JENNIFER JAMES, ESQ. DIRECTOR LONI PETERSON, PCAM DIRECTOR

CAI-CV Educated Business Partners

October 13 – 15, 2021 Virtual

MICHA BALLESTEROS DIRECTOR

DAN FARRAR, CMCA, AMS DIRECTOR

6

MARGARITAVILLE Friday, October 1, 2021, 5:30 p.m., Palm Springs Lanes

Sponsored by Prendiville Insurance Agency

47

CAI-CV Wants Your Google Review

52

CAI-CV 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

H

appy summer and safe travels to those of you who are vacationing in August. All of us at CAI-CV are excited that later this month (August 18-21) we will collect another 11 awards from CAI at the National Convention in Las Vegas. If you are attending the convention, please let the CAI-CV office know so we can coordinate a group photo at the awards ceremony during the general session on Friday, August 20th. If you have not made reservations for CAI’s National Conference & Exposition “Community Now,” you can register by clicking HERE: (https://www.caionline. org/Events/2021Conference/Pages/ Registration.aspx). Later this month, we will begin a new E-BLAST program. All Chapter members will start receiving a new weekly email from EVENTS@CAI-CV. ORG every Monday morning that will include links to that week’s CAI events, programs, and sponsorship opportunities. There will also be links to major events for the remainder of the year. We hope this change will make it easier for members to participate in Chapter events. Each summer, we update the Chapter’s printed directory. This year, we will be publishing the directory electronically, but members may purchase a paper copy from the Chapter store. Discounts will be available for bulk orders. See page 17 for more information. Thanks to the Education Committee for another great Manager on the Run (MOTR) on July 2nd about obtaining bids and comparing requests for proposals

8

Quorum August, 2021

(RFPs). Our guest speakers were Chet Oshiro (EmpireWorks) and Jessica Osborne (Dunn-Edwards Corporation). Thank you both for the great information. On Tuesday, July 13th, we held a Board Member Workshop (BMW) on the topic of reading and understanding HOA financials. Thanks to CAI-CV Board Secretary and Director, Steven Shuey, PCAM, for an excellent program. I also want to thank the Programs Committee for another amazing Educational Lunch Program and Mini Trade Show on Friday, July 16th, on bids and contracts. Our guest speakers were Cang Le, Esq. (Angius & Terry, LLP), Chris Sigler (C.L. Sigler & Associates, Inc.), and Holly Smith, PCAM (Associa Desert Resort Management). Thank you! Due to the rescheduling of the CAI National Convention, we will not hold an August Educational Lunch Program & Mini Trade Show. Our next Educational Program will be on Friday, September 24th, at 11:30 a.m. via Zoom, and will be on the topic of cybersecurity. Our guest speaker will be author and renown cybercriminologist Chris Kayser. I will also be joining the program to provide the latest information about cyber insurance currently available to HOAs. Cybercrime is now among the fastest growing threats to HOAs. I look forward to seeing you on Zoom on September 24th. This month, our Manager on the Run (MOTR) program for managers and assistant managers will be held on Friday, August 6th at 9:00 a.m. both via Zoom and in person at the CAI-CV office. The topic is “Dealing with Difficult People,” and our guest speaker will be

Colin J. Mani, Esq. (Green Bryant & French, LLP). This is always a popular topic so register early! Our August Board Member Workshop (BMW) will be held on Tuesday, August 10th, at 9:00 a.m. in the CAI-CV classroom and via Zoom. The topic is “Fundamentals of Insurance and Risk Management” and Patrick Prendiville, CIRMS, and I (Prendiville Insurance Agency) will be your guest speakers. If you join us at the CAI-CV office, Patrick and I will have breakfast for you. You may sign up for CAI-CV programs at www.cai-cv.org, or follow the registration links on page 52. Our major fundraising and networking events begin in October. These include the Annual Bowling Tournament on October 1st (see page 13), Oktoberfest (Spooktoberfest) on October 29th (see page 35), our 40th Anniversary Wine Tasting on November 12th (see page 14) and our annual Golf Tournament on December 10th (see page 18). We will also begin in-person Educational Lunch Programs & Mini Trade Shows at Palm Valley Country Club on October 22nd with CAI-CV’s Annual Legislative Update. The event committees are all looking for more volunteer committee members. As a reminder, you may join any CAI-CV committee by clicking HERE (https:// cd n.y maws.com/w w w.ca i-c v.org/ resource/resmgr/2021/volunteer_form. pdf) for the committee volunteer form. Please join me in thanking our Chapter Angels. Many companies who donated all or some of their unused 2020 sponsorship dollars to the Chapter’s


ADVERTISERS ASPHALT COVID relief fund are listed on page 21. Please reach out to these companies when you need their services and thank them for their generosity. As a reminder, we have scheduled a shredding event on Wednesday, August 25th from 10:30 a.m. to 1:30 p.m. in the parking lot just in front of the CAI-CV office. Desert Arc is bringing their high-security mobile shredding truck. They will take papers, folders, CDs and computer hard drives. There is a minimal cost. See the ad on page 24. I also want to congratulate our newest Medallion Community recipient, Montage at Mission Hills HOA. CAI-CV Homeowner Leader Committee Chair, Bruce Latta, CMCA, made the presentation to Montage on July 10th. Montage’s community manager, Shelly Ruegsegger (Personalized Property Management) and HOA President, Tony Michaelis, and board members Norman Giere, Gary Roman, and other members of the community were on hand for the event. Montage is the fourth community in the Coachella Valley to receive Medallion recognition. Please see photos on page 31. You can learn more about the Medallion program that recognizes the Valley’s best run HOAs by clicking HERE: (https://cdn.ymaws.com/www.cai-cv. org/resource/resmgr/2021/caicvmedallion2021_webform2.pdf). We are looking forward to seeing many of you in Las Vegas in a couple weeks. In the meantime, I hope you have a safe and enjoyable August.

AMS PAVING.............................................................................3 ASPHALT MD'S.........................................................................6 ATTORNEYS FIORE RACOBS & POWERS, A PLC.........................................51 CONSTRUCTION C.L. SIGLER & ASSOCIATES....................................................20 VANTAGE POINT CONSTRUCTION, INC...................................51 DESIGN BISSELL DESIGN STUDIOS, INC................................................3 LANDSCAPING CONSERVE LANDCARE...........................................................51 DESERT ARC..................................................................... 24, 50 PRO LANDSCAPING, INC.........................................................28 PWLCII, INC..............................................................................9 MANAGEMENT ASSOCIA DESERT RESORT MANAGEMENT..............................2 PEST CONTROL POWERFUL PEST MANAGEMENT...........................................51 POOLS GARDNER OUTDOOR AND POOL REMODELING.................. 6, 28 TAX AND AUDITING SERVICES NEWMAN CERTIFIED PUBLIC ACCOUNTANT, PC....................51

PWLC II, INC LANDCARE MANAGEMENT

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

PWLC II, INC. has been providing quality landscape and golf course maintenane for our clients in Southern California since 1977. Our Palm Springs office employs more than 100 landscape professionals. PWLC specializes in "High End Landscape and Golf Course Maintenance Services". In addition to our maintenance services, PWLC II, INC has a Commercial Tree Division and a Landscape Enhancement Division. We are fully licensed and insured with a $2 Million Liability Insurance. PWLC II, INC licenses include a C27 Landscape Contractors License, California Pest Control License and a "Certified Arborist" on staff. For more information please contact us at (760) 323-9341 or email conniea@pwlc2.com

CAI-CV.org

facebook.com/CAICV

@CAI-CV

9


2021 CALENDAR (UPDATED) AUGUST 6

FRIDAY

MANAGER ON THE RUN (MOTR/AMOTR) (1 CEU) 10 TUESDAY BOARD MEMBER WORKSHOP (BMW) (1 CERT CR) 18-21 WED-SAT CAI NATIONAL CONVENTION (LAS VEGAS) 25 WEDNESDAY CAI-CV SHREDDING EVENT 31 TUESDAY CAI-CV BOARD MEETING

SEPTEMBER 3

6 10 14 16 24 28 29

FRIDAY

MANAGER ON THE RUN (MOTR/AMOTR) (1 CEU) MONDAY HOLIDAY - LABOR DAY FRIDAY MANAGER’S CMCA REVIEW TUESDAY BOARD MEMBER WORKSHOP (BMW) (1 CERT CR) THURSDAY DESERT CITIES HOA COUNCIL CAT CITY (1 CERT CR) FRIDAY EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (I CEU/1 CERT CR) TUESDAY CAI-CV BOARD MEETING WEDNESDAY DESERT CITIES HOA COUNCIL PALM SPRINGS (1 CERT CR)

OCTOBER 1 1

CAI-CV ANNUAL BOWLING TOURNAMENT MANAGER ON THE RUN (MOTR/AMOTR) (1 CEU) 5 TUESDAY COMMUNITY MANAGER CAREER FAIR 11 MONDAY HOLIDAY - COLUMBUS DAY 12 TUESDAY BOARD MEMBER WORKSHOP (BMW) (1 CERT CR) 13-15 WED-FRI CALIFORNIA LEGAL FORUM (8 CEUS/8 CERT CR) 21 THURSDAY DESERT CITIES HOA COUNCIL CAT CITY (1 CERT CR) 22 FRIDAY LEGISLATIVE UPDATE & MINI TRADE SHOW (I CEU/1 CERT CR) 26 TUESDAY CAI-CV BOARD ANNUAL MEETING & ELECTION 27 WEDNESDAY DESERT CITIES HOA COUNCIL PALM SPRINGS (1 CERT CR) 29 FRIDAY ANNUAL OKTOBERFEST

10

FRIDAY FRIDAY

Quorum August, 2021

NOVEMBER 5

FRIDAY

BOARD CERTIFICATE – LEADERSHIP DEVELOPMENT (8 CERT CR) 12 FRIDAY MANAGER ON THE RUN (MOTR/AMOTR) (1 CEU) 12 FRIDAY BOARD MEMBER WORKSHOP (BMW) (1 CERT CR) 12 FRIDAY 40th ANNIVERSARY & WINE TASTING 17 WEDNESDAY DESERT CITIES HOA COUNCIL PALM SPRINGS (1 CERT CR) 18 THURSDAY DESERT CITIES HOA COUNCIL CAT CITY (1 CERT CR) 19 FRIDAY EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (I CEU/1 CERT CR) 25-26 THUR-FRI HOLIDAY - THANKSGIVING 30 TUESDAY CAI-CV BOARD MEETING

DECEMBER 3

FRIDAY

10 14

FRIDAY TUESDAY

17

FRIDAY

21 24

TUESDAY FRIDAY

MANAGER ON THE RUN (MOTR/AMOTR) (1 CEU) CAI-CV ANNUAL GOLF TOURNAMENT BOARD MEMBER WORKSHOP (BMW) (1 CERT CR) EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (I CEU/1 CERT CR) CAI-CV BOARD MEETING HOLIDAY - CHRISTMAS EVE

JANUARY 2022 1 28

CEUS:

SATURDAY FRIDAY

HOLIDAY – NEW YEARS DAY 2020 & 2021 AWARDS & MONTE CARLO NIGHT

CONTINUING EDUCATION UNITS FOR CAI PROFESSIONAL MANAGER DESIGNATIONS CERT CR: CONTINUING CERTIFICATION CREDITS FOR CAI-CV BOARD MEMBER PROGRAM MOTR: MANAGER ON THE RUN FOR MANAGERS AND ASSISTANT MANAGERS AMOTR: ASSISTANT MANAGER ON THE RUN BMW: BOARD MEMBER WORKSHOPS


Transitioning Your Landscape From Summer to Winter By Fran Mullahy

S

urviving the Coachella Valley’s summertime temperatures isn't easy even for the hardiest of desert landscaping. We have already experienced over 32 consecutive days of triple-degree heat, and more hot days are coming. From June to September, we must be vigilant about adjusting irrigation controller programs to reflect the seasonal changes. The key is using the right amount of irrigation to withstand high temperatures. Equally important is making sure your adjusted watering system is in good working order. High temperatures can kill off plant material in a matter of hours if the irrigation system fails. By monitoring all the irrigation systems closely and often, you can avoid disaster to your plant material and budget. Pay particular attention to the irrigation to your turf and lawn areas. Modifications may be needed to correct head-tohead spacing and improve irrigation efficiency by replacing and relocating sprinkler heads to achieve maximize distribution. Many water agencies offer rebates to replace inefficient irrigation systems, nozzles, controllers, and for turf removal. At the end of summer, just before overseeding occurs, is a great time to make irrigation system changes, replace turf, and take advantage of these rebate programs. In addition to rebates from water agencies, some cities offer separate landscape rebate programs.

August is the best time to prepare the flowerbeds and planter areas for the fall annual color and new perennial planting. One of the essential factors in planning successful annuals is the soil condition. Get the soil right before planting. Plants will not thrive if the soil structure, PH, EC (acid/alkalinity), and nutritional requirements are unmet. Your landscape professional can test the soil and provide whatever is needed to ensure beautiful fall colors. Don’t forget to regularly control the weeds in the planter beds and turf, even during the hot months. Make sure to order fall flowers by June to allow for adequate growth for good healthy plants. Common fall annuals such as geraniums will need 14-16 weeks of growing time, and petunias and pansies will need at least 10 weeks of growing time. As we near mid-September, the days and nights will become cooler (we hope) but it is still too hot to prune trees and shrubs. Hold off extensive pruning for another month. Pruning may expose formerly shaded stems and foliage to sunburn. By mid to late October, the temperatures will drop enough to begin transitioning turf from warm-season Bermudagrass to the cool-season Ryegrass. Let's get started with the “smart scalping” procedures. These standards were developed by the Coachella Valley Association of Governments to standardize the overseeding process and to minimize its impact on the air quality and environment. Approximately four to six weeks before seeding, reduce irrigation watering times in turf areas each week gradually. This will begin the process of weakening the Bermudagrass and encouraging it to start its dormancy process. During this same period, begin to lower the mowing height of the turf each week. This gradual reduction of the turf height over several weeks minimizes dust, debris, and particulate matter during the final scalping. In addition, stop all fertilization in turf areas to further discourage Bermuda growth. Soil temperature will be the deciding factor in determining when to overseed. Typically, when evening temperatures consistently drop between 65-75 degrees, the time is right to apply the Ryegrass seed.

"August is the best time to prepare the flowerbeds and planter areas for the fall annual color and new perennial planting. One of the essential factors in planning successful annuals is the soil condition."

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FEATURE

"TRANSITIONING LANDSCAPE FROM SUMMER TO WINTER IN THE COACHELLA VALLEY IS UNIQUE BUT IT DOESN’T HAVE TO BE OVERLY COMPLICATED." The irrigation system must be in proper operation to achieve good germination of the Ryegrass seed. Irrigation used for overseeding is one of the heaviest months of water use during the entire year. An inefficient irrigation system will result in an “Inefficient” rating on your water bill and may impact the success of your overseeding. Watering times after planting the Ryegrass will be short and frequent. Begin watering anywhere from two to four minutes every two hours for a total of 15-30 minutes per day. These times will vary based on the type of irrigation sprinkler heads that are being used. The goal is to keep the seed moist throughout the day during the germination process. If there is any standing water, then you know to cut back. As the new grass begins to grow, reduce the watering frequency while increasing the duration. The process from seed to a fully mature blade of grass should take anywhere from 30-60 days. Once the Ryegrass seed has germinated, reduce irrigation, and complete the first mowing, typically three to six weeks after the initial planting of the Ryegrass seed. Fertilization of the newly seeded turf areas should wait until after the

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first mowing. The type of fertilizer to use will depend on the conditions of the soil. Now that the irrigation frequency has been reduced, it is time to plant your annuals. For correct placement of flowering plants, keep the top of the root ball level with the surrounding soil level. Watch the watering of newly planted annuals. The soil should be damp but not too wet. Too much water at this stage will weaken plants leaving them open to fungal infection. Transitioning landscape from summer to winter in the Coachella Valley is unique but it doesn’t have to be overly complicated. Having a clear transition plan will help ensure your community is beautiful when the “season” begins. Careful planning now will bring many rewards this winter. Fran Mullahy is the Business Development Manager for Conserve LandCare. Fran has over 20 years of experience working in the landscape industry in the Coachella Valley. She can be reached at (760)427-5087 or by email to fmullahy@conservelandcare.com .


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W I N E TA S T I N G & A U C T I O N Help CAI-CV Celebrate Our 40th Anniversary Friday, November 12, 2021 5:00 p.m. to 8:00 p.m.

Shields Date Garden (In-Person Event) • Champagne Reception • Heavy Hors d'Oeuvres • Silent & Live Auctions • 40th Anniversary Gift $45 Members | $65 Nonmembers

REGISTRATION – CLICK HERE SPONSORSHIPS AVAILABLE – CLICK HERE A portion of the proceeds from the 40th Anniversary & Wine Tasting event will go to support the California Legislative Action Committee (CLAC).

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FEATURE

Association Budgeting – Thoughts From a CPA By Jeremy Newman CPA

I

s it that time of year again? Why does it feel like there is so much to do? Are you starting from scratch every time you prepare your association’s budget? Start early and work continuously throughout the year to take the sting out of budgeting. Your annual budget process should be a fluid yearlong continuous collection of decisions, document gathering and projections. Why wait until your community manager says it is time to start the process? It’s helpful for association boards to retain a permanent budget file containing governing documents, prior year and current year budgets (including detailed calculations and supporting documents), current year activity, information, documents, notes, minutes, conversations with vendors, recommendations, cash flow analysis, hopes, fears, surveys, reserves projections and deferred maintenance information.

There are many other things to consider as well!

• Committee and board meeting minutes. • Vendor contracts. • Vendor feedback about price changes, scope changes, recommendations. • A list of things that changed in the current year when compared to previous years, including what was budgeted for the current year.

• How much cash to do you have now?

• Ideas, thoughts for next year.

• How much cash will you have by the beginning of the next year?

• Comments from owners. Maintain a file or list of requests, complaints, and suggestions from your constituents. What do people want and/or expect?

• What does your reserve study show? • Do you have deferred maintenance? • Are your owners complaining about the condition of common areas? • Are the common areas and components appealing to current and prospective owners? • What are the economics of your owners? As with any governing group, spending aspirations generally far outweigh cash projections. Are you back to square one, doing the same type of budget as in previous years? Not an easy task. As with most things, starting the process early is vital to the success of the project. It's a good idea for boards, finance committees, managers, to maintain a file that is continuously open for documents and information so when you reach “budget season” you are ready. You have most of the information you need. What might you keep in the file? Some thoughts -

• Use fees records: clubhouse rental, other rentals, move in/out fees, laundry income. Is there scope to increase rates? • What is the cash position each month? • Does the association contribute to reserves every month? Is there a fundamental financial challenge making reserves contributions? • Does the association have any assessments collections issues that are significantly impacting cash flow? Maintain a receivables status log. • Photos of common areas, structures and projected repair/replacement costs. • Notes comparing the latest reserve study cash needs and timing of expenditures to actual results. Maintain a separate Excel schedule. • Which areas or accounts from last year’s budget have seen actual revenues and expenses vary considerably from projections. Why? What does the item look like going forward?

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FEATURE REVENUES Revenues includes monthly assessments, compliance income such as late fees, violation fees, delinquent account interest income; bank interest income, ancillary income such as rentals, services, per use fees. Understand the nature of each revenue stream.

BASIS OF ACCOUNTING Make sure you know how revenues are recorded in the monthly financial statements you are reviewing and relying on to help with future revenue projections. Under the cash basis, what is recorded is what was received. Under the accrual and modified accrual bases, your revenues are what was billed, not necessarily what was received. Keep an eye on your receivables to see how much is still to be collected. Is it all collectible? Are compliance fees collectible or does the board end up writing off balances or simply being unable to collect? Actual revenues presented on your association’s income statement may not be 100% collectible. If compliance fees are recorded on the accrual basis, when they are billed to owners, are they collectible? Close analysis of the aged receivables report, owner ledgers and collection efforts are required to determine collectability and conversion to cash. Cash is what you are looking to maximize to be able to afford your expenses wish list.

EXPENSES Operating expenses are the day-to-day expenses associations incur to keep operations moving. Utilities, management fees, legal fees, landscaping, security, pool maintenance, pest control, repairs and maintenance (non-reserve study), administrative expenses. Did you have any surprise expenses during the current year? Should you budget for such expenses again for next year? Ensure your budget permanent file includes sufficient detail of these expenses for you to make good decisions about next year. Perhaps you need to include a contingency percentage or amount in various expense categories for the unexpected.

CASH FLOW Knowing the status of your association’s available cash balances is paramount to understanding how much money you will need for next year. If cash is low and delinquencies are high and increasing, there will be increased pressure to reduce costs and preserving cash. Understand state and governance restrictions on increasing assessments. You may need to obtain member approval for a special assessment to fund an operating deficit.

AMOUNTS OWED FROM THE OPERATING FUND TO THE RESERVES FUND When funds borrow from each other, boards should and are generally required to prepare and document a plan to repay balances. Boards should budget for repayments. Perhaps the operating fund owes the reserves funds for unpaid budgeted assessments contributions, but operating cash is so low the operating fund is unlikely to be able to repay the amount it owes to reserves. Perhaps it is time to recalibrate. Discuss treating the unpaid balance as a non-cash transfer between the funds. You should review any state or governing document requirements. There are so many things to consider when preparing your association’s annual budget. It is very challenging to complete the process over a few short months. Find a system of retaining documents, ideas, thoughts, suggestions, requests, calculations, information that will help you throughout the year and at budget preparation time. Jeremy Newman CPA, Newman Certified Public Accountant PC. www.hoacpa.com. 100% Focused on association audits, taxation and consulting.

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Quorum August, 2021


FEATURE

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

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FEATURE

Building Maintenance Inspections By Steven Shuey, PCAM, CCAM

A

nyone following the news about the condominium collapse in Florida will have a true sense of concern about what caused the tragedy, and compassion for the many lives impacted. As a former building maintenance engineer for a mid-rise condominium community, this sad story emphasizes the importance of ongoing maintenance and inspections for aging buildings. CAI estimates that nearly 40 percent of Coachella Valley HOAs are 19 years old or older. Adding to the problem of aging buildings is the relatively constant ground movement we have along the San Andreas Fault, which might be compared to the high water table and proximity to sea water and salt air for buildings along the coast in Florida. In both areas of the country, buildings move, cracks develop, and infrastructure is impacted. These conditions should cause more vigilance when it comes to requiring regular inspections and maintenance. While the real cause of the Champlain Towers incident could take years to determine, boards and building managers can step up their inspection and maintenance programs now to prevent future disasters. Whether a two-story building or a ten-story building, as buildings age, issues that seemed unimportant years ago can become complex if neglected. For this reason, community maintenance programs should include accurate and consistent maintenance records that are kept in a permanent file that stays with the community. We know that over time, board members, management staff, and maintenance engineers, will change. Make sure you have the documents to show your maintenance history so those in charge in the future can see

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Quorum August, 2021

"MAKING SURE YOU HAVE QUALIFIED INSPECTORS AND LICENSED CONTRACTORS MAKING REPAIRS IS CRITICAL." what was done. With today’s computerized technology, it is easy to take pictures and document all incidents that could lead one day to a structural failure. Make sure you have a way for future boards and managers to access your data. Making sure you have qualified inspectors and licensed contractors making repairs is critical. Additionally, work to train current maintenance people so that they have the knowledge and expertise to know what to look for and report. When boards receive advice from qualified staff and licensed professionals, those reports should be documented in the association’s minutes. In the July issue of Quorum, we reprinted a helpful report created by the Foundation for Community Association Research that points to the fact that far too many boards and building managers have not taken the steps necessary (or budgeted correctly) to provide for the maintenance and repair needed to properly prevent disaster. This report, Breaking Point: Examining Aging Infrastructure in Community Associations is available at https://foundation.caionline.org/wp-content/ uploads/2020/04/FoundationAgingInfrastructureReport.pdf. Sadly, many boards continue to focus on keeping assessments as low as possible and many are proud that their assessments haven’t increased for 10 or more years. That type of


Photo from reuters.com https://www.reuters.com/world/us/finaldeath-toll-florida-condominium-collapseput-98-2021-07-26/

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Steven Shuey, is a certified Professional Community Association Manager (PCAM) and is on the CAI-CV board of directors and serves on the Executive Committee as Secretary of the Board. He is Chair of the CAI-CV Strategic Planning Committee and past-chair of the Chapter’s Education Committee. He serves on the national faculty of CAI and is a past board member of the APCM. He is a community association consultant retired from Personalized Property Management. In January 2017, Steven was awarded the lifetime achievement award from CAI-CV. You may reach him by email to IslandMgr@aol.com. You can follow him on Twitter (www.twitter.com/@IslandMgr.

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FEATURES 9 10

COVID-19 Vaccines FEATU RES From the “Twits” to the “Eagles” THE CAI-CV SOFTBALL TEAM

9 COVID-1 13 CAI-CV Past Presidents’ Memories 9 Vaccines From 18 CAI-CV Presidents10 From 1981 to“Twits” 2021 the to the CAI-CV Chapter Directory13 Covers From 1992 to 2021 “Eagles” THE CAI-CV Past Presiden SOFTBALL 18 CAI-CV LL TEAM ts’ Memories TEAM 21 Quorum Magazine Covers From 1983 ts to 2021 Presiden SOFTBA From 1981 20 THE CAI-CV to 2021 COVID-19 Vaccines “Eagles” 9 Director 23to the A Look Back in Time – Chapter Celebrating CAI-CV’s y Covers From 21 Quorum the “Twits” es 1992 to 2021 40th Anniversary with Wayne Guralnick, Esq. 10 From Magazine Covers ts’ Memori Past Presiden From 1983 2021 23 A Look Back and Palm Desert Councilman Sabby Jonathan, CPA 1981 to 13 CAI-CV to 2021 From in Time – Celebrating to 2021 Presidents 40th 1992 the CAI-CV’s 18 CAI-CV 24 PhotosFrom Through Years Anniversary with Wayne Guralnic to 2021 and Palm Desert Directory Covers 1983 Chapter From k, Esq. 20 40 What a Difference Years Makes Councilman s 24 40Photos Magazine Covers Sabby Jonatha ting CAI-CV’ Through the 21 Quorum n, CPA – Celebra 54 When Sponsors Become Years Esq. Angels 40 k, What Back in Time Wayne Guralnic aCPA Difference 23 A Look n, with 40 Years Makes ary Jonatha When Sponsor Sabby54 40th Annivers Councilman s Become Angels and Palm Desert Years Through the 24 Photos 40 Years Makes a Difference Angels 40 What Sponsors Become 54 When

FEATU RES20

CAI-CV Turns 40

40 10, 2021! onns March CAI-CV Tur 2021! CAI-CV Tur on March 10, on March 10,ns 40 2021!

Please call the CAI-CV office at

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if you have questions.

CAI-CV Election of Directors

The Annual Election of Directors for the Coachella Valley Chapter of CAI has been scheduled for Tuesday, October 26, 2021, at 3:00 p.m., at the CAI-CV Chapter office, 75410 Gerald Ford Drive, Suite 102, Palm Desert, CA 92211. The election will be run by the third-party professional elections company, The Inspectors of Election, and ballots will be available online beginning September 25, 2021. Voting will continue until October 25, 2021. Each CAI-CV member will receive one vote and receive one login ID and password. Ballots will be sent to the person on record with CAI’s National office. If you are a business partner who is on the CAI-CV local database but not on the CAI National database, please contact the CAI-CV office to find out where your company’s ballot information will be sent. There are three open seats for three-year terms, from January 1, 2022 through December 31, 2024. Each year, three or four board terms are completed, making these seats available for election. Board members may serve up to two three-year terms. All CAI-CV members in good standing who have served recently in a leadership position (Chair, Co-Chair, Delegate) for 12 or more months are eligible to run. Nomination forms are available by clicking here, or online at cai-cv. org, or by calling the CAI-CV office at (760) 341-0559.

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Quorum August, 2021

Proud Member of the National Association for Information Destruction (NAID)

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FRIDAY, JANUARY 28, 2022 AWARDS AND MONTE CARLO NIGHT

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FEATURE

HEAR CHRIS KAYSER ON CYBERCRIME SEPTEMBER 24TH PROGRAM

Cybercrime - Phishing Season is Always Open!

By Chris Kayser

C

oined in 1996, the term phishing is analogous to the sport of angling whereby Internet scammers “fished” technology users, luring them into sharing passwords or other valuable information. Phishing, spear phishing, whaling, BEC or CEO scams, smishing, vishing, angler phishing, cat phishing, and watering hole attacks are all forms of phishing. The FBI reported that phishing was the most prevalent form of cybercrime for 2020 – up 100% from 2019. Nearly 75% of organizations globally were targeted by phishing attacks in 2020. 74% of US organizations were compromised by a successful phishing attack. Over 95% of all phishing attacks are designed to collect information such as personal and corporate data that can be used for illicit purposes and resold for years on the Dark Web. Conventional phishing attacks often contain some form of malicious software (malware) launched by prompting the target to click where directed. The malware can be concealed within an attachment (word documents, excel files, PDFs), or website links contained in the body of an email. Once clicked on, malware is executed, allowing others to access the targeted system remotely. Some malware is designed to commence gathering and forwarding sought-after information without requiring assistance from the perpetrator. Cybercriminals use emotion-driven words in their messaging such as urgent,

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Quorum August, 2021

MCJ ( ), CIC, BGS (Hons), CMT, Cybercriminologist

request, important, payment, attention, immediate, and action to increase the success of a phishing attack. Cyber “power words” appeal to five emotions – fear, guilt, helpfulness, obedience, and urgency. My theory, RESCAT (Required Elements for a Social Engineered Cyber Attack Theory), delves into how cybercriminals use social engineering to prey upon our human nature

and curiosity and incorporate emotions that influence decisions we make when faced with crafty phishing attacks. How can I protect myself from being phished? General phishing attacks are forwarded to multiple targets – a numbers

game of sorts that relies on recipients coerced into being victimized. Spear phishing is particularly effective because messages contain information unique to the recipient, thereby appearing more legitimate. Whaling, like spear phishing, is target-specific, aimed at senior executives, those in positions of power or significant wealth, in anticipation of obtaining greater returns for bad actors. BEC (Business Email Compromise or CEO Scam) includes directives to forward payments to alternative bank accounts. One US company averted a loss of US$20M when an employee, reacting to an email appearing to originate from their CEO, requesting immediate payment to a known local supplier, attempted to transfer the funds. The email included new banking information for an outof-state bank. Inquiries as to the legitimacy of the request, by replying to the original email, would have gone directly to the hacker who sent the message via a fake email account appearing to belong to the CEO. While a phone call to the CEO would have revealed the scam, fear of not obeying a directive from an executive, and wishing to be obedient and helpful to the urgent request, may


FEATURE explain why no call occurred. Incredibly, while processing the request, one digit of the supplied bank account number was entered incorrectly, resulting in the funds not being transferred. SMiShing (Short Message Services) is phishing via texts to smart phones and has grown exponentially as messaging and app usage on smart phones continues to increase. Attempts to verify who sent a text are difficult

g iven limited visible information. Simply touching a message may facilitate the launch of malware. Vishing (Voice phishing) is conducted by phone. The caller asks for personal or financial information, requests donations, or uses threats, pretending to be from the tax, police, or immigration agency, in efforts to invoke varying levels of fear, obedience, and urgency. A common form of vishing occurred in May 2021 when a Kingsville resident received a call their credit card had been compromised. In order to confirm the card was still valid, they were instructed to purchase some Google Play cards and forward them to the person calling. When trying to purchase the cards, the retailer sensed something was wrong, the police were called, and the vishing scam was foiled. Common sense can help prevent being vished. However, scammers can be convincing when preying on the elderly, those whose first language is different than the caller, or by incorporating fear

and urgency into their message. Angler phishing uses personal data that has been either freely divulged on social media sites, or by persuading someone to provide the information through social engineering. Cat phishing preys on people’s goodwill, conscience, or sympathy to

forward funds to assist others in need. False claims of illness, lawsuits, funds to recover from a disaster, and romance scams are examples. Watering hole attacks are directed at specific industries or large groups by infecting frequently accessed websites with malware that will execute on future visits. Regardless of the type of phishing scam, NEVER be coerced into responding quickly to urgent requests or threats. This applies to correspondence from

familiar or unfamiliar sources. Cybercriminals can increase the percentage of recipients willing to provide or confirm personal information (obedience), or who will respond to time-limited offers (urgency, greed, or fear of missing out) by including logos of legitimate organizations. All emails should be examined to verify the legitimacy of the sender. Hovering your mouse pointer over the sender’s name will reveal the sender. However, the sender’s name can be spoofed as well by altering a single character in the sender’s name. If in doubt, contact the organization or individual to inquire if they sent the communication. Taking time to consider the legitimacy of all emails, texts, or phone calls will reduce the risks of being successfully phished. Remember – “Don’t be Quick to Click” !

Chris Kayser is a cybercriminologist and founder, president and CEO of Cybercrime Analytics Inc. He is the author of two books, Cybercrime through Social Engineering — The New Global Crisis and How to Master an Online Degree — A Guide to Success. He can be reached at ckayser@ cybercrimeanalytics.com or at www. cybercrimeanalytics.com. Chris Kayser will be our keynote speaker for the Educational Program on Friday, September 24th via Zoom. Register now at www.cai-cv.org or CLICK HERE.

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SOCIATIONS

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Interviews With CAI-CV Past Presidents By Becky Hayes, CIRMS

Rich Warfield

Question:

s part of our 40th Anniversary celebration, we are interviewing CAI-CV’s past presidents. Rich Warfield is one of only three past presidents who served two terms. Rich is the President of Personalized Property Management.

Answer: The industry has not evolved

Have CAI-CV and the industry evolved to where you thought they would be today?

A

to where I had hoped it would in my 30 years of involvement. It is still very difficult to attract qualified managers to our industry. I attribute this to the relatively low pay that the industry drives and the uncertain work hours. The rates for CID management have not changed much in the past 20 years.

Question: What are a couple of your

major memories about the industry and CAI-CV from the years you were president?

Answer: What I look back on fondly, Answer: I am very much involved in is the great comradery and support we gave each other. The managers leaned on one another for advice and support. The service providers appreciated the attention provided them by the management companies, and the association board members felt the dedication that we showed toward the CID industry.

Question: What were some of the

goals for the Chapter you might remember or some of the challenges you faced?

Answer: I’m sure the goals now are

similar to those we had. We wanted to grow the chapter, promote and provide education to our members, and increase business opportunities to our service providers.

Question: What do you think were

your and/or the Chapter's greatest or most significant achievements?

Answer: That’s a real tough question.

I hope we achieved the goals I mentioned above. Some were measurable such as membership etc., others I guess were open to discussion. However, I am certain that our members appreciated CAI and all that we strived to be.

Question: Have you stayed involved

the industry as I still own and operate Personalized Property Management. My “volunteer” time and involvement with CAI-CV lessened as my children grew older and required more attention.

Question:

What changes have you most noticed in the industry and CAI-CV, and what do you think about those changes?

Answer: This is a tricky question. As

an industry I think more people have noticed the demand for qualified managers to serve communities. With the increased attention has come increased regulation, which I personally feel has hurt more communities than it has helped. Unfortunately, Sacramento continues to apply a “one size fits all” approach to the CID industry. For many of our smaller Coachella Valley communities this leads to increased costs and demands on managers' time. At the end of the day, it is the community that must comply with these regulations, and they appropriately delegate the work to the manager, which sometimes results in increased costs to the association. A large portion of the new regulations are unnecessary in my opinion.

Question: CAI-CV is always looking

to increase diversity, both in the organization and in the industry. Any suggestions?

Answer: During my several years on

the board, we would limit the number of people from each company that could serve on the board. We did this to get a greater perspective from our members. It was our opinion that companies with established cultures feel and act a certain way. If we had too many people from one company it would perhaps sway a decision or present a certain vision from those members that could tilt the balance of the board or limit other ideas. Having multiple people from one company on the board limited representation from other companies. My suggestion, therefore, would be to limit how many people from an individual company can serve on committees or the CAI-CV board. Becky Hayes is a Certified Insurance and Risk Specialist (CIRMS) with LaBarre Oksnee Insurance Agency. Becky can be reached at (949) 716-3329 or by email to Beckyh@hoa-insurance.com.

in the industry and CAI-CV?

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29


CAI BOARD LEADER CERTIFICATE NOW Offered online, or in-person at the CAI-CV office on

Friday, November 5, 2021

“I had no idea what I didn't know about the world of HOAs until I went to this training. It was so thorough. I hope all community board members will take this amazing course and read the materials to receive their CAI certificate and recognition.” – Lisa J. Olson, Mountain Villas HOA The CAI Board Leader Certificate is designed to provide a foundation for effective community association board leadership. Whether you are an experienced board member or just thinking about getting involved, this

certificate will help you become a more informed and effective leader.

To Earn the CAI Board Leader Certificate: 1) Complete the CAI Board Leader Certificate Course (also known as the Board Leader Development Workshop). This course is offered in two formats: classroom instruction through CAI chapters (offered at CAI-CV on 11/5/2021 at the CAI-CV office (CLICK HERE), or an online, self-study course (available now by CLICKING HERE). 2) Acknowledge that you have read and understand three key documents (available at www.caionline.org): 1) Model Code of Ethics for Community Association Board Members 2) Community Association Governance Guidelines 3) Rights and Responsibilities for Better Communities

Recognition Community leaders who complete the CAI Board Leader Certificate Course will receive a certificate of completion and recognition on the CAI website.

Meeting Local Representatives By Jay Jarvis, CMCA, CCAM, AMS

C

alifornia State Senator Melissa Melendez (Senate District 28) met with CAI-CV’s Legislative Support Committee (CLAC LSC) volunteers via Zoom on July 21st to hear our views about upcoming legislation. Executive Director Cal Lockett provided an update on HOAs in the Senator’s district and pointed out that about 80% of her constituents in the Coachella Valley live in HOA’s. Louie A. Brown, Jr., Esq., lobbyist for CAI’s California Legislative Action Committee (CLAC), joined the call and provided specific information about several bills that the Senator will be seeing in Sacramento. Senator Melendez was grateful for the information and asked us to continue to keep her informed about legislation that impacts her constituents in HOAs. The Legislature is currently on summer recess. They will return August 16th for the final weeks of the session. For more information about California legislation and CLAC LSC, see page 42. Legislative meetings are open to any CAI-CV members who would like to attend. Call the CAI-CV office for more information. E.J. (Jay) Jarvis II, CMCA, CCAM, AMS is a 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.

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Senator Melissa Melendez


FEATURE

CAI-CV Medallion Community Recognition Montage at Mission Hills HOA Awarded Medallion Community Designation By Jay Jarvis, CMCA, CCAM, AMS

On July 10, 2021, CAI-CV awarded Montage at Mission Hills the prestigious Medallion Community designation at a ceremony just outside the community gate in Rancho Mirage. CAI-CV Homeowner Leader Committee Chair, Bruce Latta, CMCA, made the presentation. Montage’s HOA President, Tony Michaelis, and board members Norman Giere, Gary Roman, and other members of the community were on hand for the event. Montage is the fourth community in the Coachella Valley to receive Medallion recognition. CAI-CV started its Medallion Community program earlier this year to recognize Coachella Valley HOAs that pursue best practices in community management, legal, financial, and building community spirit. Montage at Mission Hills has been incorporated since February 2002 and was developed by GHA. The 128 thoughtfully designed single-family homes in Rancho Mirage include membership to the Mission Hills Country Club. Montage at Mission Hills has been managed by Personalized Property Management (PPM) since developer transition in 2004. Shelly Ruegsegger, Senior Community Manager, and 16 year veteran at PPM, manages Montage and helped coordinate the ceremony. Shelly told Quorum, “It is an honor to serve a community where the board is diligent about utilizing CAI best practices. I couldn’t be prouder of the Montage board, past and present. They continue to bring tangible value to all the residents.” HOAs that are interested in becoming a Medallion Community may complete the Medallion Community Program Application, which can be found at www.cai-cv.org or by clicking here: https://cdn.ymaws.com/www. cai-cv.org/resource/resmgr/2021/caicvmedallion2021_webform2.pdf. E.J. (Jay) Jarvis II, CMCA, CCAM, AMS is a 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.

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FEATURE

Crime Prevention Through Environmental Design (CPTED) By Bruce Latta, CMCA

D

id you know that your landscape is an important factor in your community’s security plan? Professionals call this Crime Prevention Through Environmental Design or CPTED (SEP-TED). The theory and practice are to proactively take steps to prevent and deter crime before it happens. This is accomplished by designing the physical environment, including landscaping, in strategic ways that reduce or remove identifiable crime risks. When faced with a CPTED community, potential criminals will look elsewhere. CPTED was developed in the ‘70s and has evolved and expanded since then. It is now embraced by law enforcement around the world. Local government officials have also included CPTED concepts in commercial and residential design requirements. CPTED is not complex, it is a series of practical steps implemented at the initial design stage or by evaluation of an existing property. CPTED focuses on access control, surveillance, territoriality, and maintenance. The real cheer leaders of CPTED are local police departments. Residents may contact their police for information about home safety and security, where CPTED practices and principles are nearly always included. Some departments also provide home and community inspections. There are numerous resources on CPTED including The National Crime Prevention Council, the one with McGruff as their mascot, which has publications and training available (www.ncpc.org/resources). The American Crime Prevention

Institute provides training and certification in the principles of CPTED (https://acpionline.com/). An international trade association is a great resource. ICA offers information, education, and certified training (www.cpted.net). You may ask how CPTED would impact our community’s aesthetics and curb-appeal. I did. Interestingly, I learned that CPTED typically adds to curb appeal and provides a feeling of safety to residents. Traditional security measures like mechanical controlled access, cameras, and security patrols, are not the only ways to protect property. CPTED calls for review and adjustments to landscape features with specific security design recommendations that are also aesthetically pleasing. For example, the design of the landscape outside the community walls. It is not recommended to use large obstructive plants or elements that will block the view of observers such as security guards, or residents, or traffic passing by on the street from observing the property. A clear line of site makes it obvious to an intruder they may be seen which would discourage them. Perimeter walls or fencing can be vulnerable. Adding thorny bushes all around is a good deterrent to intruders from attempting to improperly enter the property. By adding gravel on the ground around perimeter walls causes a crunching noise when stepped on. Silence is an intruder’s best friend. The sound not only deters someone it may also get the attention

"CPTED CALLS FOR REVIEW AND ADJUSTMENTS TO LANDSCAPE FEATURES WITH SPECIFIC SECURITY DESIGN RECOMMENDATIONS THAT ARE ALSO AESTHETICALLY PLEASING."

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FEATURE of dogs and set them off barking. A barking dog is the number one deterrent to burglaries. The same theory of thorns and gravel noise applies to areas near ground level windows of any structure or building. Something like a rose bush or holly thorns outside a window serve as a deterrent along with gravel outside the window too. The use of climbing plants to cover a building’s walls or other surfaces may deter graffiti. The maintenance of the landscape should be the ongoing implementation of planned security measures. Dense and unruly bushes make it easier for an intruder to find a place to hide and not be seen. Trim foliage to be at least three feet off the ground so as not to provide a convenient place to hide. Trim trees so the foliage is at least eight feet off the ground so an intruder can’t hoist themselves up and hide in a tree. Also, trim trees close to a structure so they cannot be used as a ladder to climb onto the property or maybe up onto a balcony. Also, make sure features such as benches, play equipment, trees or any hardscape or architectural features, are not in a position where they could be climbed and allow access over walls and fences or onto balconies or second stories. Make sure all landscape is trimmed so night lighting is not blocked, and intruders have no dark areas to hide. Landscape lighting is not just for nighttime beautification. Inspect for dark areas, and make sure all is well-lit. Brightly lighted perimeter walls would make intruders obvious. Studies show that CPTED principles work to discourage crime. Talk to your landscape professional for guidance on making your community safer. Bruce Latta, CMCA, is the property manager for Indio Properties in Indio and a member of the board of directors of the Parc La Quinta Homeowners Association. He chairs the Homeowner Leader Committee. He can be reached at PLQHOABLatta@gmail or (760) 285-5617.

"THE MAINTENANCE OF THE LANDSCAPE SHOULD BE THE ONGOING IMPLEMENTATION OF PLANNED SECURITY MEASURES."

“HAVE YOU HEARD?” is a monthly column all about the members of CAI-CV!

By Holly Smith, CMCA, AMS Congratulations to Bridget Nigh, Property Services Representative with Dunn-Edwards Paints, for the arrival of their newest family member, baby girl Valerie. Valerie was born in February and is enjoying the company of older brother, Wesley (almost three). Bridget recently returned from maternity leave and is anxious to get back to work and volunteering for CAI-CV. She has been an active member of CAI-CV since 2009 and is currently the co-chair for the Oktoberfest committee. We are very proud to announce that Ellen Woolard and Cassie Gertz, both from The Management Trust, have achieved CAI’s highest professional designation, the Professional Community Association Management (PCAM). Congratulations! We are happy to add two more PCAM managers to the Coachella Valley. We are elevating the industry! Congratulations too to Tracy Young from Associa Dessert Resort Management for completing her Certified Manager of Community Associations (CMCA) designation. Way to go, Tracy! CAI National just announced that they are recognizing Norma Segura of Associa Desert Resort Management as the national Recruiter of the Month! Norma recruited nine new CAI members in June. Norma is a community manager at El Dorado Palms Estates Homeowners Association. Thanks, Norma, for helping us build the Chapter. Congratulations to all of you for your wonderful accomplishments. If you have something you would like to share about yourself or a co-worker, please forward your announcement to admin@cai-cv.org and put HAVE YOU HEARD? in the subject line. Holly Smith, CMCA, AMS, PCAM, has over 20 years of property management experience within Southern California. Holly works for Associa Desert Resort Management. She serves on the Quorum Committee. She can be reached at (760) 346-9918 or hsmith@drminternet.com. CAI-CV.org

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33


CHAPTER NEWS

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.

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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35


HOA LAW

The Risks Associated with Deferred Maintenance By Lisa Tashjian, Esq. and Tawnza Sofranko, Esq.

A

s we all know, the association has a duty to maintain, repair and replace the common area. This duty is set forth in Civil Code Section 4775 and the association’s governing documents (in most cases). Although it may be clear that the association has a duty to maintain, repair and replace the common area components, determining how to “maintain,” “repair” and “replace”, how often, and to what extent is rather ambiguous. Creating a maintenance plan is crucial to avoid the pitfalls of deferred or irregular maintenance practices, which may result in significant unbudgeted repair and remediation costs, as well as increased insurance, legal costs, declining property values and resident complaints.

STANDARD OF MAINTENANCE So, what does “maintenance” mean? Often, the CC&Rs will speak to the standard of maintenance required (i.e., “clean and attractive condition” or "firstclass condition”). Generally, "mainte-

of the component(s). While the board is granted deference in determining how the common areas are to be maintained, an association may be held liable for its failure to investigate maintenance problems and to take reasonable action. Thus, short and long-term maintenance planning are recommended, as outlined below.

RESERVE STUDIES REQUIRED California Civil Code Section 5550 places a duty on the board to inspect the common areas at least once every three (3) years and prepare a reserve study. The reserve study is then used to determine the amount of reserve funds that should be set aside for the maintenance, repair and replacement of major components the association is required to maintain, repair and replace with a remaining useful life of less than thirty (30) years. (Civil Code Section 5550.) While there is no minimum reserve funding requirement imposed by law, it is imperative that associations strive to

“SO, WHAT DOES 'MAINTENANCE' MEAN?” nance" means upkeep such as cleaning, painting, trimming, free of debris, etc. “Repair” tends to refer to refurbishment or any action that does not amount to a full replacement. “Replacement” means the removal of an existing item and installation of another item with similar purpose. The goal is to avoid deferring maintenance to the point where the only possible cure is a complete replacement 36

Quorum August, 2021

keep an adequate reserve fund; failing to update the association’s reserve study regularly may result in inadequate funds to address failing common area components.

CREATING A MAINTENANCE PLAN The board should begin by evaluating the governing documents to ensure they meet the needs of the community.

"Generally, 'maintenance' means upkeep such as cleaning, painting, trimming, free of debris, etc. 'Repair' tends to refer to refurbishment or any action that does not amount to a full replacement." CC&Rs often consist of paragraphs of text which are unclear and ambiguous. An effective maintenance plan will clearly outline the needs and requirements of the community, as provided by the CC&Rs and applicable law. The maintenance plan should also list the monthly, quarterly, bi-annual or annual tasks that need to be completed to avoid premature aging of your common area components. This will ensure preparedness for rains, winds or other natural emergencies, such as fires and earthquakes. Next, the board should outline what its contractor or business partner will do and when. This list of maintenance tasks, when coupled with dates for completion, turns into a schedule of maintenance tasks and a basic preventive maintenance plan. Every building and most common area components, including concrete, require maintenance. The ultimate goal of a maintenance plan is to get the longest possible life out of each common area component. Another goal is to reduce


HOA LAW emergencies such as roof leaks, floods and other expensive repairs. Ultimately, associations will receive the greatest value from common area assets if boards regularly maintain them.

IMPLICATIONS OF DEFERRED MAINTENANCE Consider a situation where a building has undergone routine exterior maintenance to keep the wood trim sealed and water-tight. While paint may peel or flake, the overall condition of the building will likely remain in good shape, requiring only minimal repairs or touch-ups annually. The cost to make minor repairs (i.e., apply a new coat of paint) would likely be in the association’s budget. On the other hand, a building lacking annual maintenance with, for example, peeling paint and defective sealant, would likely expose the building materials (such as wood) to the weather. The lack of paint and sealant will arguably allow the wood to deteriorate at an accelerated rate and subject the building structure to water intrusion, etc. As a result, the wood will need to be replaced requiring the removal of building surfaces, such as stucco. This type of repair or replacement is much more significant in scope and cost.

The foregoing scenarios outline why regular maintenance and upkeep are crucial and benefit the community as a whole. Consider the following deferred maintenance conditions:

1. Dry Rot – cannot be repaired and all affected wood must be completely replaced.

2. Roofs – uncleaned roofs can lead to premature roof failure, roof leaks, decreased life expectancy and/or dry rot.

3. Plumbing- failure to maintain plumbing lines and fixtures can lead to significant water intrusion impacting a wide range of units/lots and/or mold growth.

4. Termites – can result in significant structural damage, treatment and eradication costs, etc.

5. Pavement – failing to seal and/or coat the pavement may result in cracks.

6. Painting/Deck Resurfacing – protects against wear & tear and deterioration. Deck leaks can also lead to other leaks throughout the building and potentially structural damage.

WHAT TO INCLUDE IN YOUR MAINTENANCE PLAN • Regular and routine maintenance • Landscaping • Irrigation • Pools and spas • Gutters • Lighting • Pest control

• Annual Inspections • Trees • Exterior Components • Roof • Decks • Siding • Stucco • Pavement

TAKEAWAYS Delayed and irregular maintenance can lead to unbudgeted repairs, remediation costs, increased insurance premiums, legal costs, and unhappy residents. To avoid these unfavorable outcomes, the board should work with management, legal counsel and its business partners and licensed professionals to create a maintenance plan and update the reserve study regularly (i.e., at least once every three years). With proper maintenance, the community will be enjoyed year-round without the stress of emergency repairs. Lisa Tashjian, Esq. is a partner with Beaumont Tashjian and provides the firm’s clients with legal advice in all areas of community association law. She focuses her practice on litigation including dispute resolution, arbitration and trial work and supervises the firm’s attorney-managed assessment collections department. You can reach Lisa at (818) 884-9998 and by email to ltashjian@HOAattorneys.com. Tawnza M. Sofranko, Esq. is an associate attorney at Beaumont Tashjian where she provides general counsel services to the firm’s homeowners association clients. Tawnza may be reached at (818) 884-9998 or by email to tsofranko@HOAattorneys.com. CAI-CV.org

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FEATURE

Hiring Vendors and Negotiating Contracts for Landscaping Services By Jeffrey A. French, Esq.

H

iring landscaping vendors and negotiating contracts is a big part of any successful community. By necessity, associations must hire countless vendors, and by default, that requires them to screen these vendors and ultimately enter into contracts with them. However, often times this process is somewhat taken for granted and this leads to problems on down the line. The association-contractor relationship typically starts out bright and cheery during the hiring and contract negotiation process, but sometimes that relationship sours during the course of performance. It is at this point, when the relationship starts to sour, that the association’s due diligence in hiring the vendor and negotiating the contract becomes much more relevant. This is when the contract is closely scrutinized to see what the relative rights and responsibilities of the parties are. Hopefully, enough work was done at the outset to avoid any surprises such that the association has some options as well as leverage under the contract. What follows are some tips associations can adopt when hiring vendors for landscaping projects and ultimately negotiating a contract with the chosen vendor. As boards are acutely aware, the process of hiring numerous vendors for major projects, including landscaping projects, is no easy task. However, it is one of the most important tasks that boards of directors are called upon to

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"Once a handful of qualified vendors has been identified from which to hire, the board can then perform its own independent due diligence on these vendors." perform. Therefore, it is important that the board work closely with management to reach out to a qualified pool of prospective vendors. This is where managers can help save boards time and effort as they often have a good pool of qualified vendors to draw from. Thus, a prudent first step in the vendor hiring process is to call upon the expertise and resources of the community manager in initially assembling a qualified pool of prospective candidates worth reviewing Once a handful of qualified vendors has been identified from which to hire, the board can then perform its own independent due diligence on these vendors. Some of this due diligence can be done via the internet by looking at websites such as the Better Business Bureau, Yelp, Google Reviews, Secretary of State, Superior Court and the State Contractors Licensing Board. All of these, and many more websites, provide good information about licensing, complaints, lawsuits, and other background information. In addition, it is helpful to look at trade affiliations and determine whether vendors are members

of pertinent trade organizations such as CAI and CACM. Membership in trade organizations is often a good indicator that the prospective vendor is familiar with community associations and understands their needs. Further, following up on vendor references can be a great source of information by contacting other boards and managers who have worked with the contractor in the past. Also, boards should carefully scrutinize the information submitted by prospective vendors and confirm appropriate licensing, insurance, bonding, and other relevant information consistent with industry standards. Finally, if the project is significant enough, the association may also consider face to face or Zoom interviews to confirm qualifications and experience in person. Some boards think that the hiring process ends once a contractor is identified as the successful candidate. They then proceed to just blindly sign whatever contract is presented. This is a recipe for disaster should there ever be a dispute with the contractor. Instead, once the preferred contractor


FEATURE is identified, the board needs to then focus on the contracting process. Once the vendor is selected, then the fun begins in terms of negotiating the contract. Typically, the chosen contractor submits its standard form contract for review and consideration by the association. Not surprising, this standard contract generally tilts in favor of the vendor, or completely ignores some contract terms that are very important to the association. Given this, it is critical for associations to take the contract process just as serious as the hiring process. We have seen countless examples where associations enter into contracts in excess of six figures with little or no thought about the contract terms and with absolutely no outside review by counsel. While this may save some money in the short term, it may also prove to be a huge mistake in the long term if a dispute should arise. Having counsel briefly review the contract for major issues of concern can eliminate a lot of frustration and exposure should a dispute later arise. Some of the key issues to focus on (by no means an exhaustive list) when negotiating and reviewing a landscaping contract in conjunction with management and legal counsel are the following: • Vendor insurance coverage (liability, workers compensation, etc.) • Have the association and management be made a named additional insured under the vendor’s insurance • Require endorsement evidencing insurance coverage and additional insured status • Indemnification provision in favor of the association • Have a defined process to handle change orders/extras • Prevailing party clauses that award attorneys’ fees and costs • Term of the contract

"At the end of the day, hiring landscaping vendors (as well as other vendors) and doing contract negotiations does not need to be an all-consuming and costly process for the board." • Termination of the contract upon specified notice, whether for cause or no cause • Renewal process – automatic renewal terms? • Consistency of the contract with the requirements of the governing documents • Confirm vendor licensing • Contract scope • Contract exceptions or exclusions • Fixed price vs. time and materials and timing of payments • Retentions on contracts • Dispute resolution process • See if the association’s insurance carrier places any requirements on vendor contracts • Venue (want Riverside County) and choice of law provisions ( want California law)

At the end of the day, hiring landscaping vendors (as well as other vendors) and doing contract negotiations does not need to be an all-consuming and costly process for the board. But, to simply sign contracts willy-nilly without plugging into some sort of due diligence process may work on some contracts, but ultimately such a process (or lack thereof) will backfire when a major contract dispute arises. It is precisely at that point the association wants to feel confident that it has entered into a contract that is equitable and provides protection for the association such that it can negotiate a favorable resolution or ultimately litigate with confidence in its legal position under the contract. Jeffrey French is a partner with Green, Bryant & French, LLP, representing numerous community associations from its offices in Palm Desert and San Diego. Jeff can be reached at (760) 346-9310 or by email to jfrench@gbflawyers.com.

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39


HOA LAW

Drafting Effective Vendor and Construction Contracts By Wayne S. Guralnick, Esq. (4 OF 7-PART SERIES continued) CLICK HERE to see the May issue for PART ONE (on page 44) of Drafting Effective Vendor and Construction Contracts

CONTINUED FROM JULY QUORUM, PAGE 38

PART FOUR 16. Supervision and Inspection This provision is used to establish the association’s representative, who shall have the right at all times to examine the supplies, materials, and equipment used by the vendor/contractor and observe the operations of the vendor/contractor. Following is a typical supervision provision: Association's Construction Manager or other designated representative shall have the right at all times to examine or have examined the supplies, materials, and equipment used by Contractor and to observe the operations of Contractor, his agents, servants and employees and to do any act or thing which Association may be obligated or have the right to do under this Agreement. However, Association's Construction Manager is not to be construed as a supervisor or overseer of Contractor or any of Contractor's employees.

17. Re-inspection Provisions These provisions are particularly important if there is a warranty given by a manufacturer/contractor. 40

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CLICK HERE to see the June issue for PART TWO (on page 46) of Drafting Effective Vendor and Construction Contracts

CLICK HERE to see the June issue for PART THREE (on page 38) of Drafting Effective Vendor and Construction Contracts

"Any items which are found to be defective resulting from material or application deficiencies or defects are to be repaired or replaced by Contractor as required by this Agreement at no cost to Association" A typical re-inspection provision is as follows: A reinspection is to be made prior to the expiration of Contractor's warranty to determine if the roof is in sound condition. The reinspection is to be scheduled by Contractor and attended by the representatives of the Association (and Construction Manager, if requested and retained by Association), and Contractor for the purpose of determining what corrective action or repairs may be required, if any. Any items which are found to be defective resulting from material or application deficiencies or defects are to be repaired or replaced by Contractor as required by this Agreement at no cost to Association. Roof damage or abuse which falls under the responsibility of the unit owner is to be documented and a price quoted for repair by Contractor, for Association's consideration. Contractor shall set the date of inspection within the last six months of the warranty period and notify Association

of the meeting. Should Contractor fail to arrange the inspection within the warranty period, the warranty shall be extended until such inspection is made and the existing defects, if any, repaired.

18. Special Conditions Sometimes, the contract has special conditions, such as in a re-roofing construction agreement where air conditioning units may need to be lifted and/or disconnected when applying the roofing system. This provision should be used to ascertain who would be responsible for repairs or damages to the air conditioning units during the course of the re-roofing process. An inspection process of the air conditioning unit prior to the actual disconnection or lifting of the units could be established here.

19. Attendance at Board and/or Committee Meetings The agreement should provide that the vendor/contractor be required to attend all necessary meetings with


HOA LAW the board of directors, any designated committee, and/or property manager (or construction manager, if applicable) to plan and discuss the scope of work and any problems.

20. Licenses and Permits The association should verify that the contractor shall pay for all necessary licenses and permits to perform the work required under the agreement. The agreement should also mandate that the vendor/contractor must comply with all applicable federal, state, county and city statutes, regulations and ordinances, including but not limited to the Immigration Reform and Control Act of 1986, Senate Bill 198 related to the Illness and Injury Prevention Program, and all other OSHA requirements. The vendor/ contractor should be required to maintain all permits and licenses as may be required by the local agency, any county agency, state agencies and the federal government. This provision should also require that the vendor/contractor warrant that it shall be responsible for abiding by all laws, codes, regulations and standards that may be required by the applicable local, state, county and federal jurisdictions. As to construction contracts, the contractor should represent that he has met with the applicable city or local governmental agency to confirm that the specifications conform to all building requirements.

course of its performance of the work, listing the association as an additional insured under its policy. Preferably, the additional insured endorsement should identify coverage as both Primary and Non-Contributory. A typical detailed insurance provision is as follows: Contractor shall furnish certificates of insurance for each of the insurance policies enumerated below to the Association before commencement of work under this Agreement. All policies for liability protection, bodily injury or property damage shall specifically name the Association, Construction Manager and Property Management firm as additional insureds. The additional insured endorsement must include both Primary and NonContributory wording. Policies shall

contain an additional stipulation that written notification of any change and/ or cancellation of Contractor's policy(ies) shall be given to the Association within forty-eight (48) hours of such change. Said policies of insurance shall include the following limits: a. Appropriate bodily injury insurance with limits of not less than $1,000,000.00 for each person and $1,000,000.00 for each accident. b. Workers compensation insurance for all personnel assigned to the subdivision. c. Property damage liability insurance with a limit of not less than $1,000,000.00 for each accident.

"As to construction contracts, the contractor should represent that he has met with the applicable city or local governmental agency to confirm that the specifications conform to all building requirements."

21. Insurance One of the most important and imperative provisions of any vendor/construction contract is the requirement that the vendor/contractor purchase and maintain insurance, and describes the specific types of coverage and limits of liability. Additionally, this provision should require that the vendor/contractor shall provide a certificate of insurance to the association, specifying that the vendor/ contractor shall obtain and maintain the required insurance coverage during the

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HOA LAW d. If automotive equipment is used in the operation, automobile bodily injury insurance with limits of not less than $1,000,000.00 for each person and $1,000,000.00 for each accident and property damage liability insurance with limits of not less than $500,000.00 for each accident with medical pay coverage of $50,000.00 regardless of fault. e. A certificate of insurance for workers compensation and public liability together with a properly executed endorsement requiring thirty (30) days' written notice of cancellation shall be furnished as stipulated in the preceding paragraph. The certificate shall be delivered to the Property Manager, Designated Representative, or other designated representative of the Association. Wayne Guralnick, Esq. is an attorney with the law firm of Guralnick & Gilliland, LLP. He received his undergraduate degree from Villanova University and his law degree from Pepperdine University. He is a member of the American, California, Riverside County and Desert Bar Associations. Wayne is a frequent lecturer at numerous national conventions for CAI and throughout the State for other industry trade organizations. He is a past president of CAI-CV. Mr. Guralnick has also provided a Legislative and Case Law Update for Southern California Community Associations since 1985. Mr. Guralnick also acts as a mediator particularly for Community Association disputes. He is qualified as an expert on the fiduciary duties of boards of directors as well as other litigation involving community association matters. Wayne can be reached at (760) 340-1515 or by email to WayneG@gghoalaw.com.

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

Friday, September 24, 2021 11:30 a.m. – 1:00 p.m. CLICK HERE to Register LUNCHEON TOPIC:

CYBERSECURITY GUEST SPEAKER

Cybercriminologist Chris Kayser, MCJ ( ), CIC, BGS (Hons), CMT Founder, President and CEO, Cybercrime Analytics Inc.

PLEASE THANK AND SUPPORT OUR SEPTEMBER PROGRAM SPONSORS C.L. Sigler & Associates Conserve LandCare DSI Security Services Harvest Landscape Seacoast Commerce Bank Tinnelly Law Group Union Bank PLEASE THANK AND SUPPORT OUR JULY PROGRAM SPONSOR

ETwater/Jain Irrigation

GET THE ZOOM LINK BY REGISTERING AT WWW.CAI-CV.ORG. MANAGERS WILL RECEIVE ONE CEU Cost: FREE (760) 341-0559


CAI-CV

2021 TITANIUM SPONSOR SPOTLIGHT

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For over 10 years, Bissell Design Studios, Inc., has provided fresh, new design concepts and product to businesses and organizations nationwide. Our founder, Rodney Bissell, comes from a long line of artists and entrepreneurs working in industrial and interior design, graphic design, and even the fine arts. For three generations, each family business has earned a reputation for integrity and loyalty. Maintaining a healthy relationship with our clients is a top priority.

• Focusing on creating design that will best communicate the clients’ mission as well as motivate and engage their target audience.

Owner and Creative Director, Rodney Bissell, started Bissell Design Studios in 2007. He had been working as a senior designer at a marketing firm for seven years and felt the time was right to follow in his family’s footsteps and open his own graphic design company. Since the beginning, Bissell Design has helped its clients stand out from the competition. We work diligently to create the best design possible to reach the goals of each project, meeting clients’ needs and exceeding their expectations.

• Assisting clients with website updates through CSS, HTML and other CMS.

Bissell Design offers a broad spectrum of services to our clients from print design, catalogs, magazine and publishing to marketing, branding, web design and more. We are committed to providing creative solutions and marketing strategies customized for each client.

• Providing creative services for effective print/web media and mobile devices. • Collaborating with and directing freelance designers. • Managing production deadlines and clients’ budgets efficiently.

• Maintaining long-term working relationships with satisfied clients. • Increasing clientele through recommendations from past and present clients. Design is more than art – it's about improvement — taking art and giving it a strategy, an objective. Our goal is to create great design to help businesses better reach their target audience and more. Bissell Design Studios, Inc., is proud to be an active member of CAI-CV. We have seen firsthand the invaluable commitment CAI-CV shows their members and look forward to participating in the community in the future.

Proud to be a part of the award winning CAI-CV team!

(714) 293-3749 BissellDesign.com

Thank you to Bissell Design Studios Inc. for their generous support of CAI-CV! CAI-CV.org

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EASY ACCESS TO CAI-CV’S CORPORATE SPONSORS Just tap CORPORATE SPONSORS for one-touch access to CAI-CV’s vast resource of trusted service providers.

TOP-RATED LOCAL BUSINESSES AT YOUR FINGERTIPS!

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Complete list of CAI-CV’s Corporate Sponsors – Trusted and experienced business partners serving community associations and homeowners.

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Search by category for easy-to-find access for specific services.

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Research company location, directions and contact information.

Download the CAI-CV app today! IT’S FREE! Go to your smartphone app store and type in CAI-CV. Look for the CAI-CV logo and download the app. Questions? Call the CAI-CV office at (760) 341-0559. 44

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CHAPTER NEWS

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

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CLAC UPDATE

California Legislative Update By Mike Traidman

C

AI-CV has a committee called the CLAC LSC Committee. The acronyms stand for California Legislative Action Committee (CLAC) and Legislative Support Committee (LSC). Our CLAC LSC supports the California Legislative Action Committee (CLAC) locally by meeting with legislators in their district offices and helping with grassroots lobbying efforts. At the State level, CLAC is made up of two delegates from each of the eight California chapters. Our delegates are PresidentElect Clint Atherton, PCAM (GM, Sun City Palm Desert) and Christina Baine DeJardin, Esq. (Attorney, Delphi Law Group, LLP). There are also Legislative Action Committees (LACs) in various states and at the national level. LACs monitor legislation affecting the common interest development (CID) industry, both federally and state by state. CAI’s national LAC helps formulate formal policy statements that all chapters can use. These policy statements support our advocacy efforts either in support or opposition of legislation. In addition, CAI has hired lobbyists in most state and federal jurisdictions. The lobbyist for California is Louie Brown, Jr., Esq. and will be our keynote speaker at our Legislative Update luncheon at Palm Valley on October 22nd. Together with direct lobbying, grassroots lobbying (your letters to legislators) helps preserve the CID industry.

ASSEMBLY IS AB 502 – CLAC POSITION: SUPPORT The Davis-Stirling Common Interest Development Act governs the formation and operation of common interest developments and generally provides for the election and removal of directors of the board by secret ballot. Existing law provides for director nominees to be considered elected by acclamation if the number of director nominees is not more than the number of vacancies to be elected, the association includes 6,000 or more units, the association provides individual notice of the election at least 30 days before the close of the nominations, and the association permits all candidates to run if nominated, except as specified. This bill would instead authorize the association to consider director nominees elected by acclamation if specified conditions are met, including that the association has held a regular election for the directors in the last three years, specified, and the association provided individual notice of the election and 46

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procedures for nominating candidates at least 90 days before the deadline for submitting nominations and a reminder notice at least 30 days before the deadline for submitting nominations. The bill would delete the requirement in the acclamation procedures that the association include 6,000 or more units. The bill would specify that these procedures apply notwithstanding any contrary provision in the governing documents of the common interest development. This bill has been amended four times in committee and is now going through both houses. It has good support, and we hope that it will succeed. CLAC will be calling on all our members to help with this and an email should be coming out this fall urging you to easily send an email to your assemblyman and state senator with your support of this bill and ask him or her to vote for it. HOAs have born the expenses for these unnecessary board member elections for years. In my HOA, we have elections each year at a typical cost of about $5,000. That includes the inspector of elections, printing and mailing of the ballots and the annual meeting to open and count them. At times we do not have a quorum of votes and must shut down the meeting and go door to door to solicit more ballots so a vote can be achieved. When this does not work, we need to repeat the process with double the costs. This bill will allow an HOA to avoid this process if the number of openings on the board equals the number of people running. Watch for legislative action alerts from CLAC asking you to write your legislator. These grassroots efforts make a difference. If your community is not involved in CLAC, join the BuckA-Door program today. You can help support CLAC with $1 per household annually. It is important that we all do our part to protect our HOAs. CLICK HERE FOR BUCK-A-DOOR BROCHURE: https://issuu.com/cai-cv/docs/5011_caicv_buckadoorbrochure2020_issuu?fr=sNjZiOTE2MDUwOTE Mike Traidman is the Chair of CAI-CV’s CLAC LSC Committee and is a Director and Past President. Mike is the President of Mira Vista at Mission Hills HOA, and President of the Desert City HOA Council. Mike can be reached at mtraidman@yahoo.com.


PEST CONTROL

ASK THE BUG LADY By Lori Fahnestock DEAR BUG LADY,

DEAR SGT. PEPPER,

I am seeing thousands of little grain sized beetle bugs around the houses in our community, and in our community pool. Are these bugs dangerous to residents? Thank you, Sgt. Pepper

Fortunately, these tiny “beetles” have been identified as boatman bugs and are only a nuisance. They are reportedly harmless. The U.S. Fish and Wildlife believe the bugs are from the Salton Sea and their spokesperson, Chris Schoneman, thinks the mass quantities of the boatman bug are the result of less fish in the Salton Sea consuming the bugs. While we have not been able to confirm this, I think the problem will resolve as temperatures recede. Lori Fahnestock is the owner of Powerful Pest Management. Lori can be reached at (760) 341-7770 or by email to Powerfulpest@dc.rr.com. Submit your questions to admin@cai-cv.org. Please put BUG LADY in the subject field. "Ask the Expert" columns are available to CAI-CV Chapter Angels.

CAI-CV WANTS YOUR GOOGLE REVIEW Help CAI-CV improve its virtual profile on Google. Give CAI-CV a five-star rating!

1 2

3 How to give CAI-CV a Google review:

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REVIEW

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Click on the blue “Google reviews” text next to the five yellow stars.

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FEATURE

Condominium Public Policies, Best Practices, and Resources

C

ommunity Associations Institute (CAI) is devastated by the tragedy in the Surfside Community. Members of CAI live and work for Champlain Tower South Condominium Association and our entire membership is reeling from this calamity. We understand there are questions about why the building collapsed and how it could have been prevented. We also know that the proper authorities will conduct a thorough investigation. We continue to focus on the victims, their families, the survivors, and those providing ongoing support to the Surfside community as well as helping government officials develop public policy solutions. CAI has made it a priority to immediately explore the public policies and best practices necessary for government officials to consider as a response to this tragedy.

CAI NATIONAL RESPONSE AND STAKEHOLDER RESOURCES: In the wake of the condominium collapse in Surfside, Fla, CAI has created a list of questions for homeowners and steps governing boards can take in addition to a webpage devoted to condo safety. www.caionline/condosafety. Questions Homeowners Should Ask their Association’s Board Steps Board of Directors Should Take to review Condo Safety

CAI LEGISLATIVE AND REGULATORY RESOURCES Reserve Studies/Schedules/Funding State Laws: Reserve Studies are required in the following 9 states: California, Colorado, Delaware, Hawaii, Nevada, Oregon, Utah, Virginia, and Washington State. Washington statutorily encourages 48

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associations to have a reserve study performed every three years unless doing so would impose an unreasonable hardship. Florida statute does not require a reserve study but requires a reserve schedule for repair and replacement of major components. Reserve Funding is required in the following 11 states: Connecticut, Delaware, Florida, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, Nevada, Ohio, and Oregon. In most states, there are several points at which homeowners are made aware of reserves; including: • Initial point of sale/public offering statement where many states have laws requiring the declarant to provide the buyer with information about whether there is funding (reserves) for future repair and replacement of major components. • Disclosure during resale of a unit to a new owner of funds budgeted for future repair and replacement of major components. • Annual budget adoption

CAI is reviewing reserve funding best practices and requirements to determine if changes are needed. Homeowner Satisfaction Survey; 2020 Reserve Questions - https:// foundation.caionline.org/w p-cont e nt /u p lo a d s/2 0 2 1 /0 3/2 0 2 0H S S _ TopicOnePagers_Reserves.pdf Building inspections and maintenance. Several counties in Florida have inspection obligations that require a structural and electrical engineer or architect to conduct a building inspection and certify the safety of the building. New York City and other localities have similar requirements. CAI is studying these requirements to help develop standards for condominiums and other high-rise residential buildings. Insurance. CAI is reviewing best practices and standards for adequate insurance coverage for condominiums and individual units. CAI is uniquely positioned to lead the conversation on these standards, best practices, and policy changes to benefit our more than 42,000 members, the 73.5 million Americans living in community associations, and the millions


FEATURE more living in community associations around the world. We will continue to engage in conversations with members, experts, and stakeholders in the community association housing model to strengthen existing standards and public policy in these areas. Fe der a l R e g u l at ion s for Condominiums. In addition to the National Standards, federal regulatory agencies, including the Federal Housing Administration (FHA), the Federal Mortgage Loan Corporation (Freddie Mac) and the Federal National Mortgage Association (Fannie Mae) established reserve requirements for condominium associations where homeowner financing is provided through banks regulated by that agency. Before 2008, the number of community associations falling within these requirements was quite small, but today that number is estimated to be in the range of 60% of all U.S. condominium associations. The current requirement for lenders governed by FHA, Fannie Mae, and Freddie Mac is that the condominium association must “provide for funding of replacement reserves and deferred maintenance in an account representing at least 10 percent of the budget or have in place a current (defined as not more than 24 months old) reserve study prepared by a qualified, independent professional company.”

CAI REPORTS ON AGING INFRASTUCTURE Foundation for Communit y Association Research Best Practices Report on Reserve Studies and Management - https://foundat i o n .c a i o n l i n e .o r g / w p - c o n t e n t / uploads/2017/06/bprs.pdf Breaking Point Report: Aging Infrastructure in Communities ht t ps://fou ndat ion.c a ion l i ne. org/w p-content/uploads/2020/04/ FoundationAgingInfrastructureReport. pdf

Champlain Towers South Condo Collapse Surfside, Florida Response to Inquiring Legislators, Media, Members, Stakeholders – July 22, 2021

C

ommunity Associations Institute (CAI) Government and Public Affairs Committee and 37 state Legislative Action Committee Chairs convened a special meeting with experts representing attorneys, builders, reserve specialists, and insurance specialists to discuss best practices, standards, and public policies related to the tragedy in Surfside. Three working groups have convened to establish guidance and model language for CAI’s state legislative action committees as well as considerations for state legislators and best practices/education for community association board members, managers, and other professionals. These working groups are expected to have their completed guidance within the next six – eight weeks.

THE THREE WORKING GROUPS ARE: • Building inspections and maintenance. • Reserve study planning and funding. • Insurance and risk management. On a national level, CAI is dialoguing with National Society of Professional Engineers, National League of Cities, International Code Council, and others to discuss common ground and to expand perspective that will guide these policy positions. CAI is uniquely positioned to lead the conversation on these standards, best practices, and policy changes to benefit our more than 42,000 members, the 73.5 million Americans living in community associations, and the millions more living in community associations around the world. We will continue to engage in conversations with members, experts, and stakeholders in the community association housing model to strengthen existing standards and public policy in these areas. Thank you for your patience as we work swiftly to establish solutions for lawmakers and best practices for communities. If you have comments, opinions, or expertise in any of these areas and would like to contribute to the conversation, please email government@caionline.org. Also, please connect with your local CAI chapter and Legislative Action Committee here:

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CAI-CV’s Board Member Workshop (BMW) (for board members) WHEN: Tuesday, August 10, 2021, 9:00 a.m. WHERE: CAI-CV Classroom & 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

CAI-CV’s Board Member Workshop (BMW) (for board HOA members) WHEN: Tuesday, September 14, 2021, 9:00 a.m. WHERE: CAI-CV Classroom & Virtual via Zoom

CAI National Convention (for all members) WHEN: August 18-21, 2021 WHERE: Las Vegas (www.caionline.org)

(for all members)

WHEN: Friday, August 6, 2021, 9:00 a.m. WHERE: CAI-CV Classroom & Virtual via Zoom

CAI-CV Shredding Event (for all members) WHEN: Wednesday, August 25, 2021 10:30 a.m. to 1:30 p.m. WHERE: CAI-CV Office Parking Lot 75410 Gerald Ford Drive, Suite 102, Palm Desert

WHEN: Friday, September 3, 2021, 9:00 a.m. WHERE: CAI-CV Classroom & Virtual via Zoom

CAI-CV’s Educational Lunch Program & Mini Trade Show WHEN: Friday, September 24, 2021, 11:30 a.m. WHERE: Virtual via Zoom

CAI National Convention WHEN: August 18-21, 2021 WHERE: Las Vegas (www.caionline.org)

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.

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