MARCH 20
COMMUNITY ASSOCIATIONS INSTITUTE | COACHELLA VALLEY CHAPTER
FEATURES 10 Seal Coating 13 Chapter Angels 18 CAI-CV Offers Members a New Mediation Program 42 Architectural Improvement Agreement for Solar Energy Systems Installed on Association Common Areas
MEET THE MANAGEMENT COMPANIES FRIDAY, MARCH 11TH THE CLASSIC CLUB 4-6:30 P.M.
50 HOA Advocacy 2022
$8.25
Management you can rely on. At Desert Resort Management, we’re here to help your community be successful. With offices in Indio and Palm Desert, we focus on providing responsive, local services and resources backed by unbeatable customer support. From top-tier management and on-demand maintenance to highly secure technology solutions and bulletproof finances, neighboring communities can count on us to provide what they need when they need it most.
Partner with a community management company you can trust.
Contact us to learn more today! Robin Poole | rpoole@drminternet.com 760-346-1161 | www.drminternet.com 2
HOA Living | MARCH, 2022
Bringing positive impact and meaningful value to every community.
YOUR LOCAL COACHELLA VALLEY RESOURCE FOR SB 326 INSPECTIONS! HOA CONSTRUCTION CONSULTANTS FOR 20 YEARS! CALL US TO HEAR ABOUT HOW YOUR PROJECTS CAN BE MORE SUCCESSFUL AND PROTECTED! ❑Let us professionally manage your project ❑No Project too small or large ❑We write your scope and Specifications ❑We create & manage budget and schedule, handle communications ❑Provide Quality Control during the work ❑Provide full Construction Administration, including tracking payments and lien releases Visit our website, see our project gallery and watch our informational video: www.siglercm.com Coachella Valley Office: 760-469-3048 * SF Bay Area: 408-922-0262 * inquiry@siglercm.com Call or write for more info on how we can benefit your Association! CAI-CV.org
facebook.com/CAICV
@CAI-CV
3
NEW AND RENEWS NEW NATIONAL CORPORATE MEMBER
DSI SECURITY SERVICES
Adam O'Halloran (480) 720-9518 Adam.ohalloran@vantaca.com
FARLEY INTERLOCKING PAVERS
PRIME ASSOCIATION SERVICES
Charissa Farley (760) 773-3960 charissa@farleypavers.com
Shelie Xanthos (800) 706-7838 sheliexanthos@theprimeas.com
FLANDERS PAINTING
RENEWING MANAGER MEMBERS
VANTACA, LLC
NEW BUSINESS PARTNER MEMBERS
ALL COUNTY ENVIRONMENTAL AND RESTORATION, INC Brett Drummond bdrummond@allcounty.us
PAYNE PEST MANAGEMENT, INC. Jason Payne (858) 277-2228 mpayne@paynepestmgmt.com
SA ORGANICS RECYCLING Kurt Schoppe (760) 343-0499 kschoppe@sarecycling.com
TURN ON GREEN
Isaac Thompson (714) 884-9125 Ithompson@turnongreen.com
NEW MANAGER MEMBERS
SUN CITY PALM DESERT COMMUNITY ASSOCIATION Travis Radtke (760) 200-2233 travis.radtke@scpdca.com
ASSOCIA DESERT RESORT MANAGEMENT Steffenie Tollette (760) 346-1161 stollette@drminternet.com
Kimberly Burnett (909) 238-3827 kburnett@dsisecurity.com
Michael Zweber (760) 341-4345 office@flanderspainting.com
FRAZIER PEST CONTROL, INC. Julie Frazier (760) 328-6115 julie@frazierpestcontrol.com
PRENDIVILLE INSURANCE AGENCY Matthew Lawton (760) 770-5868 Matt@PrendivilleAgency.com
PRO LANDSCAPING, INC. Jesse Escamilla (760) 343-0162 office@proland-inc.com
ROSEMAN LAW, APC Teresa Agnew (818) 380-6700 Ext. 107 agnew@roseman.law
TESERRA
James Harebottle (760) 398-9222 jimh@teserraoutdoors.com
TINNELLY LAW GROUP Ramona Acosta (949) 588-0866 Ext. 1012 ramona@tinnellylaw.com
RENEWING BUSINESS PARTNER MEMBERS
TWS FACILITY SERVICES
Teri Braden (714) 231-0100 teri@bensasphalt.com
VANTAGE POINT CONSTRUCTION, INC.
BEN'S ASPHALT, INC.
BERDING & WEIL, LLP
Morganne Rothschild (925) 838-2090 mrothschild@berdingweil.com
CA LIC. #907600
Robert Besanson (888) 883-1915 Ext. 71 rbesanson@twsfs.com
Cami Staviski (760) 340-5157 vpcofficemgr@gmail.com
AZ LIC. #286198
www.brsroofing.com
4
HOA Living | MARCH, 2022
RENEWING MANAGEMENT COMPANY MEMBER
Alvin Hippe (760) 345-2637 al.hippe@tradingplaces.com Steven Shuey (760) 250-1821 IslandMgr@aol.com
ALBERT MANAGEMENT, INC Rick Rapp (760) 799-0744 rickrapp01@gmail.com
ALDERWOOD RESORT MANAGEMENT
James Crawford (909) 866-6531 Ext. 405 scrawford@lagonitalodge.com
ASSOCIA DESERT RESORT MANAGEMENT Roberta Happ (951) 233-8288 bhapp@drminternet.com Gloria Kirkwood (760) 772-2092 gkirkwood@drminternet.com
David Lawrence (760) 346-1161 dlawrence@drminternet.com Julie Mogolis (760) 346-1161 Ext. 144 jmogolis@drminternet.com Bill Overton (858) 886-6655 woverton@drminternet.com Brandi Wilson (949) 257-7707 bwilson@drminternet.com
PREMIER COMMUNITY ASSOCIATION MANAGEMENT Ashley Layton (760) 345-2449 alayton@brcpcam.com
SUN CITY PALM DESERT COMMUNITY ASSOCIATION Clinton Atherton (760) 200-2224 clint.atherton@scpdca.com
THE MANAGEMENT TRUST, DESERT DIVISION Angie Hill (760) 578-6962 angie.hill@managementtrust.com
RENEWING VOLUNTEER LEADER MEMBER
Sally Armitage
CAI-CV
EDUCATED BUSINESS PARTNER
2022 HOA LIVING COMMITTEE MEMBERS
FEATURES
JENNIFER JAMES, ESQ., CHAIR
10
Seal Coating
Bissell Design Studios, Inc.
13
Chapter Angels
MARILYN RAMOS, CO-CHAIR
18
CAI-CV Offers Members a New Mediation Program
42
Architectural Improvement Agreement for Solar Energy Systems Installed on Association Common Areas
HOA Legal Services
RODNEY BISSELL, CO-CHAIR
CAI-CV
EDUCATED BUSINESS PARTNER
Guralnick & Gilliland, LLP
STEVEN SHUEY, PCAM BOARD LIAISON
Personalized Property Management (Ret.)
BRIAN BERCE
Golden Alliance Insurance CAI-CV
KIMBERLY BURNETT
EDUCATED BUSINESS PARTNER
DSI Security Services
By Brent C. Rieger
By Dick Lutringer, Esq.
By Marilyn Ramos
50
SIERRA CARR, CMCA, AMS, CCAM, PCAM
HOA Advocacy 2022
By Mike Traidman, Chair, CAI-CV CLAC LSC Committee
Associa Desert Resort Management
MEAGHAN GAFFNEY-HOWE, CMCA, AMS The Gaffney Group, Inc.
JAY JARVIS, CMCA, CCAM, AMS HOA Office, Inc.
CHEYENNE LANDRY
Newman Certified Public Accountant, PC
DEPARTMENTS MAINTENANCE & RECONSTRUCTION 14
BRUCE LATTA, CMCA
Parc La Quinta HOA
GLENN A. MILLER, CGCS
Southwest Landscape & Maintenance, LLC
GRACE PALUCK, CMCA
By Felicia Baker, CMCA, AMS
INSURANCE 20
The Management Trust Desert Division
JAMIE PRICER
Coachella Valley Water District
JASON SAVLOV, ESQ.
Adams | Stirling, PLC
HOA LAW 22
C.L. Sigler & Associates, Inc.
HOLLY SMITH, CMCA, AMS, PCAM
CREATIVE DIRECTOR & GRAPHIC DESIGNER RODNEY BISSELL
Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749 ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION admin@cai-cv.org SUBSCRIBER SERVICES
The Coachella Valley HOA Living 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 HOA Living are subject to editing and rewriting by the HOA Living Committee.
Why Insurance for Residential Condo Associations Continues to Rise By Brian S. Cohen
CHRIS SIGLER, B.S.C.E, CDT
Associa Desert Resort Management
How to Plan for a Successful SB326/CC5551 (aka Balcony Bill) Inspection
Senate Bill 392 (Archuleta)
Substantial Changes to the Manner in Which Associations Deliver Documents to the Members and Related Specified Notices By Wayne Guralnick, Esq.
CLAC NEWS 26
Online Board Meetings By Clint Atherton, PCAM, LSM
BUSINESS PARTNER NEWS 39
Business Partner Toolkit
WATER WISE 55
How You Can Report Water Waste
57
CVWD Project to Bring Flood Relief to North Indio
By Coachella Valley Water District By Coachella Valley Water District
FINANCE 58
Basis of Accounting – Know Your Reports By Jeremy Newman, CPA
CAI-CV.org
facebook.com/CAICV
@CAI-CV
5
Do you need a little deliciousness in your life? The HOA Living Committee is collecting recipes for upcoming issues. Send your favorites to RECIPES at HOALiving@cai-cv.org.
CAI-CV
EDUCATED BUSINESS PARTNER
Choose Educated Business Partners
Brought to you by Gardner Outdoor and Pool Remodeling 801 Gable Way, El Cajon, CA 92020 gardnerremodel.com
Expertise. Focus. Solutions.
Put the leading bank for community association management companies to work for you.
cit.com/cab Let’s get started. Brendan Concannon VP, Regional Account Executive 619.261.6643 Brendan.Concannon@cit.com
Jolen Zeroski, CMCA VP, Regional Account Executive 213.604.1746 Jolen.Zeroski@cit.com
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 Erin Klink, Pacific Western Bank 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. Liz Williams, AMS Paving Taylor Winkle, Roof Asset Management Bevan Worsham, AMS Paving Jolen Zeroski, CIT
Become an Educated Business Partner © 2022 First-Citizens Bank & Trust Company. All rights reserved. CIT and the CIT logo are registered trademarks of First-Citizens Bank & Trust Company. MM#11128
6
HOA Living | MARCH, 2022
Call the CAI-CV office or go to www.cai-cv.org for more information.
2022 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS
6
Educated Business Partners
Sun City Palm Desert
8
President’s Message
JULIE R. BALBINI, ESQ. PRESIDENT-ELECT
9
List of Advertisers
17
Titanium Spotlight
CLINT ATHERTON, CMCA, AMS, PCAM PRESIDENT
CAI-CV
EDUCATED BUSINESS PARTNER
CAI-CV
EDUCATED BUSINESS PARTNER
Fiore Racobs & Powers, A PLC
MATT LAWTON, CIC, CIRMS PAST PRESIDENT
Prendiville Insurance Agency CAI-CV
EDUCATED BUSINESS PARTNER
CHAPTER NEWS
21
ERIN KLINK SECRETARY
Pacific Western Bank
STEVEN SHUEY, PCAM TREASURER
25
Personalized Property Management
DAN FARRAR, CMCA, AMS DIRECTOR
AMS Paving
Time Honored
Brenda Morse By Meaghan Gaffney-Howe, CMCA, AMS
Meet the Committee Chairs
27
Holly Smith, PCAM By Jay Jarvis, CMCA, CCAM, AMS
40
Join A CAI-CV Committee
41
CAI-CV Committee Volunteer Form
64
Have You Heard?
64
CAI-CV Corporate Sponsors
Welcome Aboard
Premier Community Association Management By Jay Jarvis, CMCA, CCAM, AMS
FirstService Residential CAI-CV
EDUCATED BUSINESS PARTNER
JENNIFER JAMES, ESQ. DIRECTOR HOA Legal Services
BRUCE LATTA, CMCA DIRECTOR
UPCOMING EVENTS 12
Pro Landscaping, Inc.
12
LOUISE STETTLER DIRECTOR
Mira Vista at Mission Hills HOA CAI Coachella Valley Office 75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org
19
CAI’s Annual Conference & Exposition Community Now
May 4-7, 2022, Orlando, FL
36
CAL LOCKETT
CAI-CLAC Virtual Legislative Week at the Capitol April 18-21, 2022
Executive Director clockett@cai-cv.org The materials contained in this publication are designed to provide our members with timely and authoritative information; however, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services. The Coachella Valley Chapter has not verified and/or endorsed the contents of these articles or advertising. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.
CAI-CV’s Scholarship Social at 49 La Quinta Brewery Thursday, April 7, 2022, 5:30 p.m.
Palm Desert Greens Country Club HOA
MIKE TRAIDMAN DIRECTOR
37
March 21, 23, 25, 2022 Via Zoom
Parc La Quinta HOA
LILY ORTEGA DIRECTOR
CAI’s CID Law Course
56
CAI-CV’s Educational Program & Mini Trade Show Powering Up HOAs – Friday, March 18, 2022
Meet the Management Companies Friday, March 11, 2022
CAI-CV Spring Golf Tournament
Tailgating at the Tee Box Friday, April 29, 2022, Sun City Palm Desert
59
2022 CAI-CV Education
60
CAI-CV 2022 Calendar
64
CAI-CV Upcoming Events
PAST EVENT PHOTOS & SPONSORS 28
Educational Program & Mini Trade Show
30
CAI-CV’s 2020 and 2021 Awards & Monte Carlo Night
Friday, February 18, 2022 Balcony Inspection Issues – A Deeper Dive
January 28, 2022
CAI-CV.org
facebook.com/CAICV
@CAI-CV
7
President’s Message Clint Atherton, CMCA, AMS, PCAM General Manager – Sun City Palm Desert Community Association
W
e hope you enjoy our first issue of HOA Living Magazine, formerly Quorum. As part of the Chapter’s strategic planning, the board has been working to make CAI-CV activities and resources easily understood by HOA residents and people outside of the HOA industry. Our vision is that CAI-CV will help elevate all the HOAs in the Coachella Valley. HOA Living Magazine is an important part of this effort and will continue to deliver best practices, resources, and educational opportunities. Please share HOA Living with your HOA residents, friends, and colleagues. If you haven’t had a chance to view the last issue (February) of Quorum, I encourage you to find a copy online or purchase a paper copy. Copies are available at the CAI-CV office. Inside this special commemorative issue of Quorum are a collection of the Chapter’s 40th Anniversary articles, dozens of historic photos, and a few new articles about the Chapter’s history. Together, they create this collector’s edition that memorializes the Chapter’s impressive 40 years of work in the Coachella Valley. On behalf of our board, and past CAI-CV boards, I want to thank all the authors, staff, and the 40th Anniversary Committee for their diligent efforts. Here is a link to the online version: https:// issuu.com/cai-cv/docs/02hoal22_40thissue_issuu?fr=sMTU3ZjQ0Njk0ODM Thank you to the Awards Committee under the leadership of Michelle Lopez (Powerstone Property Management) and Kristin Berryhill-Hood (Associa Desert Resort Management) for an outstanding Annual Awards & Monte Carlo Night on January 28th at the Omni Rancho Las Palmas Resort & Spa. Photos and a list of award recipients are on pages 30-36. Please join me in congratulating everyone who was recognized. A special thanks to Tad Black (Associa OnCall) for being our emcee for the evening. Our February Manager on the Run (MOTR) on the subject of tracking maintenance and infrastructure was excellent. Thanks to our guest speakers, Andy Henley (ProTec) and Carl Weise (The Management Trust) for teaching this course.
8
HOA Living | MARCH, 2022
Thanks to Laurie Poole, Esq. (Adams Stirling) and Jason Savlov, Esq. (Adams Stirling) for teaching our Board Member Workshop (BMW) about managing legislative and regulatory changes on February 8th. It was a very informative and well-received program. On February 18th, we held our monthly Educational Lunch Program & Mini Trade Show at Palm Valley on the topic of balcony inspection issues. Thanks to our guest speakers Gloria Kirkwood, PCAM (Associa Desert Resort Management), Chris Sigler, B.S.C.E., CDT (C.L. Sigler & Associates), and attorney Kieran Purcell, Esq. (Epsten, APC). After the program, nearly 100 guests joined Mark Dodge (Associa Desert Resort Management) in a special toast for Gloria Kirkwood, PCAM, GM of Palm Valley HOA, wishing her all the best in her retirement. Gloria, all of us at CAI-CV congratulate you and look forward to your continued involvement with the Chapter. We held our first Zoom Board Leadership Certificate Program on Friday, February 25th. Thanks to Steven Shuey, PCAM, for facilitating the day-long training. CAI-CV has some excellent opportunities for our members in March. On Friday, March 4th, we have a combined BMW and MOTR on analyzing reserve studies that will be taught by professional reserve analysts, Mallory Paproth (SCT Reserve Consultants, Inc.) and Roxi Bardwell, RS, PCAM (Advanced Reserve Solutions). The following Friday, March 11th, CAI-CV’s Business Partner Committee is hosting our first “Meet the Management Companies” at The Classic Club from 4:00 p.m. to 6:30 p.m. Board members are invited to attend for free, manager member registrations are $20, and business partners are $60. This is an excellent opportunity for our members to meet representatives from the desert’s leading management companies. Champagne and appetizers are included with the registration. On Friday, March 18th, we will host our next Educational Lunch Program & Mini Trade Show at the Omni Rancho Las Palmas Resort & Spa in Rancho
ADVERTISERS Mirage. The title of the program is “Powering up HOAs - Are You in the Right Solar System?” and will cover CA solar laws and the Solar Rights Act, the latest solar innovations for HOAs, financing solar projects, and the impact of solar on community aesthetics. Guest speakers include Matt McPherson (Renova Energy), Steve Tinnelly, Esq. (Tinnelly Law Group), and Ron Winkle (Roof Asset Management). I know you will all want to be at this program. All eight California chapters of CAI are hosting the Common Interest Development Law Course on the mornings of March 21st, 23rd, and 25th. Registrations may be made through the Los Angeles Chapter’s website at www.cai-glac.org. Our Corks for CLAC Wine Tasting event at Shields Date Garden previously scheduled for March 25th has been moved to Friday, November 11th, and will have a Veterans Day theme. Please stay safe and well and enjoy the first days of spring. We look forward to seeing you at our March events.
ASPHALT AMS PAVING INTERNATIONAL PAVING SERVICES, INC (IPS)
45 12
ATTORNEYS FIORE RACOBS & POWERS, A PLC
47
BANKING CIT
6
COMMUNITY MANAGEMENT ASSOCIA DESERT RESORT MANAGEMENT THE MANAGEMENT TRUST
2 54
CONSTRUCTION VANTAGE POINT CONSTRUCTION
62
CONSTRUCTION MANAGEMENT C. L. SIGLER & ASSOCIATES INC.
3
DESIGN Clint Atherton, CMCA, AMS, PCAM, is the General Manager of Sun City Palm Desert Community Association. Clint can be reached at 760-200-2224 or by email to clint.atherton@scpdca.com.
BISSELL DESIGN STUDIOS, INC.
63
ELECTRICAL SUN KING ELECTRIC, INC.
62
INSURANCE PRENDIVILLE
15
LANDSCAPING CONSERVE LANDCARE PRO LANDSCAPING INC. PWLC II, INC.
4 63 15
PAINTING IVAN’S PAINTING & MAINTENANCE
62
PEST CONTROL POWERFUL PEST MANAGEMENT
63
POOLS GARDNER OUTDOOR AND POOL REMOD
6, 16
PROMOTIONAL PRODUCTS POPPIN PROMOTIONAL PRODUCTS
62
RESERVES ADVANCED RESERVE SOLUTIONS, INC.
63
RESTORATION SERVICES FLOOD RESPONSE
38
ROOFING BRS ROOFING
4
SECURITY BARCODE AUTOMATION, INC.
47
TAX & AUDITING SERVICES NEWMAN CERTIFIED PUBLIC ACCOUNTANT, PC CAI-CV.org
facebook.com/CAICV
@CAI-CV
9 9
INTERNATIONAL PAVING SERVICES INC.
SEAL COATING
Protect Your Investment and Extend the Life of Your Asphalt By Brent C. Rieger Photographs by IPS Inc. Natural Elements Over time the elements like water and UV rays – will result in the loss of fine materials that bind aggregate rock together. This process will weaken the structure of the pavement.
Warning Signs: Deterioration The first sign of asphalt deterioration is evident when the oxidation process begins and the surface starts to fade. “Hairline” cracks will begin to appear. Potholes will eventually form, and extensive longitudinal type cracking that will require costly repairs.
Restoration & Longevity Seal coating replaces the lost oils and the “fines” back into the asphalt giving greater longevity to the pavement surface and restores it into a smooth, rich, deep dark, long-lasting finish.
Protective Layers This protective coating will help prevent oxidation by adding a layer of protection on top of the asphalt binder so the sealer that takes the exposure to the elements and not the binder itself.
The Destroyer of Asphalt The single most destructive element that causes asphalt failure is water. Whether the water comes from the rain, sprinklers, or even water rising up through the subgrade, it will do damage. Water will cause the oils that hold the components of asphalt together to rapidly deteriorate.
10
HOA Living | MARCH, 2022
Hot Rubberized Crack Sealing for Protection Crack and joint sealing can be used to restrict surface water penetration into underlying pavement base and the sublayers. This process should be completed prior to the application of the seal coat.
Seal Coating to Prolong Life Once the cracks have been properly filled, seal coating should be applied to prevent future crack growth. This will maintain the pavement structural capacity and limit future degradation, thereby extending the life of your investment.
Low Cost of Seal Coating vs. High Cost of Replacement
"Asphalt pavement that is neglected and not properly maintained will suffer rapid deterioration when not seal coated on a regular basis."
As for cost – sealcoating and crack filling will cost only cents per square foot –compared to dollars per sq. ft. for asphalt replacement. Seal coating is the most valuable 0ption available. When evaluating the protection seal coat provides combined with the low total cost - the answer is clear: seal coating is the most valuable preventative asphalt maintenance option.
Protect Your Investment Today Seal coating will extend the life of your pavement and should be properly applied in a two-coat application process. This is the recommended industry standard and should be considered on a regular basis.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
11
UPCOMING EVENTS
CAI’s CID Law Course (For all members)
Monday, Wednesday, Friday, March 21, 23, 25, 2022 (mornings) VIRTUAL VIA ZOOM (sign up at www.cai-glac.org) REGISTER TODAY CLICK HERE https://www.cai-glac.org/details.php?id=1723
CAI-CV Scholarship Social (for all members)
Hosted by the CAI-CV Professional Managers Committee To Raise Funds for the CAI-CV Carol A. Fulton Scholarship Fund WHEN: Thursday, April 7, 2022 5:30 – 7:00 PM WHERE: La Quinta Brewery 74714 Technology Dr, Palm Desert COST: $10 members | $20 non-members • • • • •
1 Drink Ticket Included Snacks Trivia Prizes Networking
Sponsorships Available 12
HOA Living | MARCH, 2022
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 GrandManor Albert Management, Inc. Green Bryant & French, LLP Alliance Association Bank Harvest Landscape AMS Paving, Inc. Horizon Lighting Inc. Asphalt MD's LaBarre/Oksnee Insurance Agency, Inc. BPR Inc. Pacific Western Bank BRS Roofing Inc. Patrol Masters, Inc. C. L. Sigler & Associates, Inc. Precision Pool Tile Cleaning CIT Prendiville Insurance Agency Conserve LandCare Pro Landscaping, Inc. Delphi Law Group, LLP Rey Insurance Services, Inc. DSI Security Services Roof Asset Management Dunn Edwards Paints Seacoast Commerce Bank Eagle Roofing Products Securitas Security Services EmpireWorks Reconstruction Sherwin-Williams Paint Company and Painting Superior Roofing Fiore Racobs & Powers, A PLC The Management Trust Flood Response The Naumann Law Firm, PC Frazier Pest Control, Inc. Vantage Point Construction, Inc. Gardner Outdoor and Pool Vista Paint Corporation Remodeling Western Pacific Roofing
CAI-CV.org
facebook.com/CAICV
@CAI-CV
13
How to Plan for a Successful SB326/CC5551 (aka Balcony Bill) Inspection By Felicia Baker, CMCA, AMS
N
ow that the initial shock has subsided from the passing of Senate Bill 326 (CC5551), let’s discuss plan development. When preparing for the mandatory inspection it’s important that the board of directors and association manager are educated on exactly what is needed for the inspection, along with how to select the right business partner for the job. You may have heard the term EEE (Exterior Elevated Elements). If not, let’s get into what qualifies for CC5551. Balconies are not the only component that must be inspected under CC5551. Any elevated structure at a minimum of six feet that will support weight and is built with wood supporting structures (wood beams and plywood) would qualify for the inspection along with the following: decks, porches, staircases with wooden stringers, and overhead walkways. As a board member or association manager reviewing multiple proposals, the details can become confusing when the bids aren’t apples to apples. It’s crucial in the preplanning stages of the inspection to ensure as the client, you understand what qualifies as an EEE in your community.
“Following the recommendations issued in the final report can ensure the extended life of EEEs, saving the community countless dollars and potential issues in the future.” 14
HOA Living | MARCH, 2022
Here are some helpful tips for getting started:
1. 2. 3. 4. 5. 6.
Select a qualified firm to perform inspections. Must be conducted by a licensed architect or structural engineer. The architect or engineer determines what will be inspected and how many borescopes and/or DT (destructive testing) if needed. Provide the firm with any repair or maintenance logs. Ensure the community members have been properly noticed for the inspection. If your community is over two stories, unit access or the use of a boom lift when permitted may be needed. A borescope or DT will be utilized on certain EEEs to check for dry rot, water damage, termites, etc.
Once the inspection has concluded, you will receive a final report with photo documentation, maintenance needs, remaining useful life of EEEs along with any emergency repair recommendations. Once satisfying CC5551, the board of directors and association manager are encouraged to use the final report as a maintenance plan or call to action. The report’s value should not be underestimated, as the community now has a valuable document that can be used to set it up for
PWLC II, INC LANDCARE MANAGEMENT
PWLC II, INC. has been providing quality landscape and golf course maintenane for our clients in Southern California since 1977. Our Palm Springs office employs more than 100 landscape professionals. PWLC specializes in "High End Landscape and Golf Course Maintenance Services". In addition to our maintenance services, PWLC II, INC has a Commercial Tree Division and a Landscape Enhancement Division. We are fully licensed and insured with a $2 Million Liability Insurance. PWLC II, INC licenses include a C27 Landscape Contractors License, California Pest Control License and a "Certified Arborist" on staff. For more information please contact us at (760) 323-9341 or email conniea@pwlc2.com
success. Following the recommendations issued in the final report can ensure the extended life of EEEs, saving the community countless dollars and potential issues in the future. Before concluding, let’s answer a question commonly asked: “Does your firm submit the report to the city or county?” The answer is no, currently, there is no directive to do so. The report is saved as a PDF with the board of directors and management agent at the time of the inspection. Once the deadline of January 1, 2025 expires, you will be contacted by the city or county for proof you’ve completed the inspection. Additionally, getting your SB326/CC5551 inspection done sooner than later will save your association money, along with providing you ample time to review the findings and plan for the repairs needed. Waiting until 2024 will guarantee you’re paying above market value for the inspection along with battling a waitlist against the other 49,200 HOAs in California. Felicia Baker, CMCA, AMS, is the Client Relations Manager for AD Magellan, a construction management firm that specializes in collaborating with HOA's and multi-family communities to facilitate a seamlessly run project that is completed on time and within budget. You can reach Felicia at 760-442-1923 or by email at feliciab@admagellan.com.
License #0E02075
SPECIALIZING IN COMMUNITY ASSOCIATION INSURANCE Patrick Prendiville (949) 487-9696 CIRMS Patrick@prendivilleagency.com
www.HOAville.com 24661 Del Prado, Suite 3, Dana Point, CA 92629 CAI-CV.org
facebook.com/CAICV
@CAI-CV
15
In high school, Mike was caught digging a pool behind the football field… by hand! Today he remodels pools! Was there ever any doubt? Remodeling pools and Backyards since 1969 Quality work at a fair price
Lic #896061 C-53 16
HOA Living | MARCH, 2022
T I TA N I U M S P O T L I G H T
THANK YOU TO AMS PAVING FOR THEIR GENEROUS SUPPORT OF CAI-CV
SPONSOR
AMS Paving has been proudly serving the Coachella since 1981. As one of the most respected paving co Southern California we have earned the trust and re countless Homeowners, Board Members and Comm AMS Paving has been proudly serving the Coachella Valley since 1981.Managers. As one of the most respected paving comAssociation
AMS Paving has in been proudly serving the Valley panies Southern California we Coachella have earned the trust since 1981. Asrespect one ofofthe most respected paving companies in new p Our services include asphalt replacement and and countless homeowners, board members Southernand California we have earned the trust and respect of community association managers. striping, ADA compl overlays, patching, sealcoating, countless Homeowners, Board Members and Community Our services include asphalt replacement andcompleted new asphalt education for managers. Having Association Managers. paving, overlays, patching, sealcoating, striping, ADA projects in the Coachella Valley we understand the l compliance and asphalt educationand for managers. Our services include and asphalt replacement new weather geological issues andpaving, howHaving they change numerous projects in ADA the Coachella Valley overlays,completed patching, sealcoating, striping, compliance andwe paving is the performed. When you needissues an honest pav understand local weather and geological and asphalt education for managers. Having completed numerous company with the highest level of integrity and year how changeValley the way paving is performed. When you projects in thethey Coachella we understand the local quality workmanship, youthey need AMS Paving. weather and geological issues how change the way need an honest pavingandcompany with the highest level paving is of performed. When you need an honest paving integrity and years of quality workmanship, you need AMSthe Paving in and 1981 by ofBill Hawkins. In companyAMS with highestwas levelfounded of integrity years Paving. Liz Williams, Vice President, added to the quality workmanship, you need AMS Paving. AMS Paving was founded in 1981 was by Bill Hawkins. In AMS team 10inyears of Bill success in In the2002, ma 2002, Lizafter Williams, Vice was added tocommunity the AMS AMS Paving was founded 1981President, by Hawkins. industry. Together Liz and her husband Bill have be Paving after 10was years of success thePaving community Liz Williams, Viceteam President, added to the in AMS driving behind AMS Paving’s growth and increa management Together Liz and her husband Bill team after 10 yearsforce of industry. success in the community management industry. have Together Liz and her husband Bill have been the been the driving force behind AMS Paving’s growth capacity to respond to the needs of our clients. Liz h driving force behind AMS capacity Paving’s growth and and increased to respond toincreased the needs of our a committed and influential leader in CAI, serving in capacity to respond to the needs of our clients. Liz has been clients. Liz has been a committed and influential leader capacities including member of the Board ofinDirecto a committed influential leader in CAI,including serving in various CAI,and serving in various capacities member of the serving on multiple committees. AMSand Paving has be capacitiesBoard including member of the Board Directors of Directors and serving onof multiple committees. serving onactive multiple committees. Pavingchapters has been of an CAI for mor supporter in AMS multiple AMS Paving has been an active supporter in multiple active supporter in multiple chapters of CAI for more than 20 years. chapters of CAI for more than 20 years. 20 years. AMS Paving is proud to be affiliated with CAI-CV as a AMS Paving is affiliated proud to be affiliated with CAI-CV as AMS Paving is proud to be with CAI-CV a Titanium Titanium Level Corporate Sponsor, and as as a CAI Educated Level Sponsor, Corporate Sponsor, and as Business a CAI and Educated Bu Level Corporate as committed a CAI Educated Business Partner, and we are to its success the Partner, weitsare toquality its attainment success Partner, we are committed tocommitted itsimprove success the and the attainment of goal to of life forand the the at of its goalcommunities to its improve quality of life for the communities of goal the to improve the quality of life for the comm we serve. we serve. we serve.
Pave
Pave•
Protect
•Protect
760.327.0800 amspaving.com ● Lic:Lic: #415436 760.327.0800 ● amspaving.com #415436 75-150 Sheryl Ave.,Ste. Ste. D, D, Palm CA 92211 75-150 Sheryl Ave., PalmDesert, Desert, CA 92211
Perform
760.327.0800 ● amspaving.com ● Lic: #415436 CAI-CV.org facebook.com/CAICV @CAI-CV 75-150 Sheryl Ave., Ste. D, Palm Desert, CA 92211
Per 17
CAI-CV Offers Members a New Mediation Program By Dick Lutringer, Esq.
S
tarting April 1, 2022, it will be possible in the Coachella Valley to resolve HOA disputes among owners, managers, suppliers, and HOA boards efficiently, often without the expense of litigation or being subject to complex procedures. The Board of the Coachella Valley Chapter of the Community Association Institute (CAI-CV) has instituted the CAI-CV Mediation Program, an innovative dispute resolution program for use by its members. For a modest fee, members will be able to submit a dispute for resolution to a member of the CAI-CV Mediation Panel. All panel members are professional mediators with substantial experience mediating simple and complex commercial, real estate, and HOA disputes. A single fee, split evenly among the parties (unless they agree on another division), entitles the parties to three hours of mediation services. This means, for example, that for a portion (depending on the number of parties), of the single $1000 payment ($200 CAI-CV administrative fee plus $800 for three hours of mediator time), the parties are entitled to three full hours of the mediator’s skilled resolution experience.
WHAT EXACTLY IS MEDIATION? There is no single definition of mediation, but usually, it means two parties, plus, sometimes, a spouse, friend, or another support person, agree to meet online or in-person with the mediator both together and, often privately, for confidential conversations to help the parties understand what is important to each side and then to work together to create a solution. Unlike using a courtroom or an arbitration forum to have a third party decide which party wins and which loses, a neutral
18
HOA Living | MARCH, 2022
TYPICAL HOA-RELATED DISPUTES THAT ARE MADE FOR A MEDIATION APPROACH • Smoke disputes, i.e., is the tobacco or marijuana smoke from your next-door neighbor drifting unreasonably onto your property? • Noise disputes, i.e., does the neighbor have late-night jam sessions in the backyard which disturb your peace of mind, or are there residents who spend hours each night loudly yelling and screaming at each other, causing disruption in the nearby units? • Painting disputes, i.e., has the homeowner chosen to paint the wood trim around his windows and doors with a color that is not permitted under the CC&R’s? • Pet disputes – anything from size limits and excessive barking to aggressive behavior and regularly not picking up after a dog in the common areas. • Pool issues, i.e., are there safety and health violations caused by a failure to maintain the property or inappropriate use on a continual basis by one or more tenants? • Short-term rental issues, i.e., do you have residents who rent their homes for three days to 30 college students in violation of the HOA’s 30-day minimum?
mediator helps both sides find a resolution that they themselves generate through the process of understanding each other’s underlying positions, exploring what the alternatives to resolving the matter are and cooperating with each other and the mediator to review the options and voluntarily accept a solution which satisfies them. Finding a solution is not a simple compromise or “splitting the baby.” Nor is the resulting solution intended to replicate a decision that a court would provide after written pleadings, briefs, depositions, legal review, and argument (the result of which, academic studies have found, are not that predictable, even by experienced lawyers involved in the case themselves). To resolve a matter for a minimal fee and time commitment, rather than spend over (and sometimes well over), $30-$50,000, for a year or more with a chance of losing (clearly, one side will always lose), makes sense to most people.
WHAT HAPPENS IF THE THREE HOURS OF THE PANEL MEDIATOR EXPIRE WITHOUT A SETTLEMENT AGREEMENT? If the dispute hasn’t been settled, the parties can resume their dispute in court or, if agreed, arbitration, with the confidence that no statement made, or position taken during the mediation can be used in the later process. Mediation provides a confidentiality privilege, like Las Vegas, “What happens there, stays there!” If the parties feel that it is worth continuing the process of negotiation with the mediator, they may continue by agreeing to pay the mediator’s standard hourly fee as set forth on the CAI-CV website for as long they continue mediating.
IS MEDIATION REQUIRED UNDER CALIFORNIA LAW? Under the Davis-Stirling Act, if the board of an HOA is concerned about a member being in violation of a provision in its governing documents or if a member seeks enforcement of such a provision, the Act requires the association to “meet
and confer” to try and resolve the matter. If unsuccessful, Davis-Stirling requires that the parties engage in binding or non-binding alternative dispute resolution (e.g., mediation or arbitration). If still unresolved, the association, or the member, may then commence litigation to enforce its rules, which, unless settled at some point later in the litigation process, will, eventually, end up with a winner and a loser. For monetary disputes concerning the enforcement of a governing document not resolved internally, either the member or the HOA may enlist the Riverside County Small Claims Court. Although there is a mediation prerequisite, it is a perfunctory half-hour mediation session in the courthouse just prior to going before the judge. The mediator is a volunteer who has neither reviewed any documents nor had any conferences beforehand. Although that might be sufficient for simple debt and trade contract disputes, highly charged and personal HOA disputes generally require more time and attention than 30 minutes to reach a resolution. In contrast, under the CAI-CV Mediation Program, the parties have a significant amount of time to negotiate under the guidance of an experienced professional mediator. Here is an example of when mediation would have been a wise course of action. One HOA had a resident who failed to maintain a painted wooden mailbox after warning and imposition of daily fines. The fines in this actual case eventually reached almost $100,000 over several years. Eventually, the HOA took the resident to court, and the judge, when asked to enforce, chastised the HOA board and the HOA lawyers, and reduced the damages to $10, the cost of a paintbrush and paint which the HOA could have used to correct the violation.. Dick Lutringer, Esq., is Chair of the CAI-CV Mediation Program. He is a professional certified mediator with offices in the Coachella Valley. He can be reached at (760) 459-4123, or by email at rlutringera2mac.com.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
19
Why Insurance for Residential Condo Associations Continues to Rise By Brian S. Cohen
W
hat happened? Many condominium association boards in California are confronting this question when reviewing the renewal terms for their association’s insurance. Specifically, the Property/GL package policy that covers the buildings and common areas.
A number of factors drive increasing insurance costs. The three biggest include:
1 2
3
20
Higher costs to repair a structure due to Covid-induced supply chain issues and wage inflation; An increase in the number and severity of claims attributable to people spending more time in their condos due to work-from-home and other pandemic related restrictions; and An increase in the number of catastrophe claims from more extreme weather namely, hurricanes, tornadoes, hail, and wildfires.
HOA Living | MARCH, 2022
As a result, insurance companies have been paying out more in claims than they are receiving in premium payments from their insureds. Insurance companies have responded to these increasing costs in two ways. First, they dramatically increased their rates. Many associations are seeing double-digit rate increases on their renewals and when their insurance broker seeks additional quotes from other carriers, they receive quotes with similar pricing. Second and far more impactful, insurance companies are limiting their capacity. In other words, they narrow the types of risks they will insure. For example, in California, many insurers will no longer insure associations exposed to wildfire risks. At the time of renewal, the incumbent carrier issues a notice of non-renewal forcing the association’s insurance broker to scramble for other alternatives. In today’s market with a shrinking number of insurance companies willing to insure associations located in high-risk weather zones, insurance brokers must seek out higher-priced tailored solutions from non-admitted (aka excess and surplus lines) carriers. These organizations provide limited coverage
at much higher prices. In certain circumstances, there will be no insurance companies willing to offer coverage and, in that situation, the association’s only recourse is to secure insurance from a state-run insurance company of last resort. Associations and their property managers need to take a much more proactive approach when it comes to securing their insurance. An association should know if it is located in a wildfire zone or a high wind/hail area. A board member or the property manager should ask their insurance professional what the association can do to mitigate the risk. For example, has the association cleared its common area of brush to create a “defensible space”? If an association has had to file a claim or a number of claims, they should expect an increase in their insurance costs. An association can mitigate this situation by increasing its deductible. If water losses drove the claim, consider a split water deductible as well as purchasing a water detection device for each association building. Many insurance companies give discounts for the installation and use of water detection devices. As the insurance marketplace gets more challenging, associations need to devote more time and attention to understanding their coverage. They also need to reduce potential claims through aggressive maintenance and preventative repair initiatives. Finally, they should spend more time with their insurance broker to brainstorm on tactics to position the association as an attractive risk to insurance companies. Associations that invest the time and effort in proactively dealing with the current insurance environment will avoid the sticker shock when they receive their renewal notice. Brian S. Cohen is the co-founder and CEO of Arden Insurance Services LLC, an insurance organization that provides a proprietary insurance policy designed exclusively for residential condominium associations and distributed through a network of independent insurance brokers that specialize in providing insurance solutions to HOAs. For more information about Brian Cohen or Arden Insurance, go to www.ardeninsurance.com.
TIME HONORED Brenda Morse, CCAM
B
By Meaghan Gaffney-Howe, CMCA. AMS
renda Morse has been in the CID industry for over 17 years, serving the Coachella Valley exclusively. Beginning as a receptionist for a property management company, Brenda was quickly promoted to the company’s escrow department, then to Assistant Community Manager. Following an onsite assistant position at Mission Hills Country Club, Brenda began her employment with Monarch Management (now The Management Trust), where she was awarded Rookie of the Year within the first two years with the company. She continues to service their clients to this day, now in the position of Executive Manager, specializing in high-end communities while supervising a wonderful Brenda Morse team of community managers. Brenda gives credit to the team she supervises for keeping her motivated and helping her to progress in her career. She adds that “their willingness to learn and grow is unsurpassed” and “they help keep me on my toes.” Fellow CAI-CV member Grace Paluck, Executive Vice President of The Management Trust, is a mentor who Brenda says, “pushes her to be a leader.” Also credited with mentoring Brenda is former Warden, now Deputy Director, Mr. Charles Callahan, who has taught Brenda “to have an open-door policy and communicate effectively” with her team, so she “always keeps a finger on the pulse.” Brenda has been a member of CAI for three years, citing opportunities for involvement in the industry and networking with colleagues and business partners as her motivations for joining. As a member, Brenda is currently serving the Chapter on its Programs Committee. She holds her CCAM designation and is working toward earning her CMCA Certification. A College of the Desert graduate, Brenda has been a Coachella Valley resident for over 20 years. She is currently working on earning her bachelor’s degree at Cal State San Bernardino. As she enjoys nature, Brenda’s hobbies are camping with her family and off-roading (when she is not shopping, which is another of Brenda’s favorite pastimes). Her family consists of husband Gabriel, who is a Correctional Lieutenant and Brenda’s “rock,” her elder son, Mason, who is a gentle soul, a tech wiz, and the smartest 9-year-old Brenda has ever met, and younger son, Cayden, whose sweetness and sense of humor can brighten up any day of the week. Lastly, German Shepherd Copper is “a guard dog that needs a guard dog.” Brenda notes that she is blessed to have her immediate family here in the desert to support and grow with her on her journey through life. Brenda, thank you for your membership in CAI-CV and for your dedication to the CID industry! Meaghan Gaffney-Howe, CMCA, AMS is a community manager and Vice President of The Gaffney Group, Inc. Meaghan can be reached at meaghan@thegaffneygroup.net. CAI-CV.org
facebook.com/CAICV
@CAI-CV
21
Senate Bill 392 (Archuleta) SUBSTANTIAL CHANGES TO THE MANNER IN WHICH ASSOCIATIONS DELIVER DOCUMENTS TO THE MEMBERS AND RELATED SPECIFIED NOTICES By Wayne Guralnick, Esq. BACKGROUND Under existing laws within the Davis-Stirling Common Interest Development Act ("D-S Act"), there are various notices that an association provides to an individual owner pursuant to standardized definitions contained within the D-S Act. These notices and definitions are as follows:
A.
B.
Individual Notice is a notice that an association provides to a specific owner (for example, when the D-S Act or governing documents require that an association deliver a document to an owner by individual delivery such as a hearing notice, collection documents such as a pay or lien letter or delivery of the annual budget report/annual policy statement). Individual Notices can be provided by: (1) first-class mail, postage prepaid, registered or certified mail, express mail or overnight mail by an express service carrier with the document being addressed to the recipient at the address last shown on the books of the association; or (2) e-mail, facsimile or other electronic means if the recipient has consented, in writing, to that method of delivery. Individual Notices to a particular owner must also be sent to a secondary address if a member has requested same, consistent with the D-S Act. General Notice is a notice by the association to the entire membership. A General Notice can be delivered in a billing statement, newsletter (or other document that is delivered) or by one of the following methods:
(1)
(2)
22
If the association broadcasts television programming for the purposes of distributing information from the association to its members by inclusion in the programming; or Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of General Notices by the association in the annual budget report/annual policy statement. Consistent with Civil Code §5310(a)(3), an association can include within its annual budget report/annual policy statement the location, if any, within the common area designated for posting of General Notices to the membership.
HOA Living | MARCH, 2022
C.
Address Verification Notice. Pursuant to the existing law, Civil Code §4041 requires the owner of a separate interest and an HOA to annually verify the mailing address or addresses to which notices from the association are to be delivered to an owner. Specifically, under existing law Civil Code §4041 required each owner, on an annual basis, provide written notice to the association of all the following ("Address Verification Notice"):
(1) (2) (3)
(4)
The mailing address or addresses to which notices from the association are to be delivered; An alternate or secondary address to which notices from the association are to be delivered; The name and address of the owner's legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owner's extended absence from the separate interest; and Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.
CHANGES TO THE ADDRESS VERIFICATION NOTICE AND PROCESS Senate Bill 392 materially changed the manner upon which an owner of a separate interest in an association annually verifies the mailing address to incorporate valid email addresses. Specifically, the new legislation requires that a member shall, on an annual basis provide written notice to the association of all of the following:
(1)
(2)
(3)
The member's preferred delivery method for receiving notices from the association which shall include the option of receiving notices at one or both of the following;
a)
A mailing address; or
b)
A valid email address.
An alternate or secondary delivery method for receiving notices, from the association which shall include the option to receive notices at one or both of the following;
a)
A mailing address; or
b)
A valid email address.
The name, mailing address, and, if available, valid email address of the owner's legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the member's extended absence from the separate interest (collectively items 1-3 shall be referred to as “New Address Verification Notice”).
ASSOCIATION REQUIREMENTS RELATED TO THE NEW ADDRESS VERIFICATION NOTICE The association is required to send to the members the New Address Verification Notice to incorporate all of the new changes described in the above section at least 30 days before making their own required disclosure (annual budget report/ annual policy statement). Since the annual budget report/ annual policy statement must be sent to the membership not less than 30 no more than 90 days before the beginning of each fiscal year (“Annual Budget/Annual Policy Deadline”), the association should send the New Address Verification Form at least 30 days prior to the Annual Budget/Annual Policy Deadline. Pursuant to Senate Bill 392, the association must include within the New Address Verification Notice that the member does not have to provide an email address to the association as well as a simple method for the member to inform the association in writing that the member wishes to change their preferred method for receiving notices from the association. The new legislation also provides within Civil Code §4041 that a valid email address is defined to be one that, after an email is sent, does not result in a bounce or other error notification including failure of the email message. If the association delivers a notice to a member’s email address and finds that the email address provided is no longer valid, the association shall resend the notice to a mailing address or another valid email address identified by the member in the New Address Verification Notice.
SOLICITING THE ADDRESS FROM THE OWNER The specific text of Civil Code §4041 "requires an HOA to solicit these annual disclosures of each owner at least 30 days prior to making its own required disclosure to the member and enter such data into the association's books and records." As such, the association will need to send by Individual Notice to each owner the New Address Verification Notice described above so that the association can enter the data into its books and records. The New Address Verification Notice must be sent at least 30 days prior to the association delivering to the membership its annual budget report/annual policy statement required to be distributed to the membership not less than 30 no more than 90 days prior to the beginning of each fiscal year.
WHEN SHOULD THE ASSOCIATION SOLICIT THE ANNUAL NOTICES FROM ITS OWNERS? The D-S Act requires that the association send the New Address Verification Notice to each owner at least 30 days prior to the association disseminating the annual budget report/annual policy statement.
WHAT IS THE EFFECT OF AN OWNER FAILING TO RESPOND TO THE ASSOCIATION'S NEW ADDRESS VERIFICATION NOTICE? Existing legislation states that if an owner fails to provide the New Address Verification Notice information to the association, the last mailing address provided in writing by the owner or if none, the property address within the association shall be deemed to be the address to which the association should send Individual Notices to the owner.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
23
USE OF MEMBERSHIPS’ PERSONAL INFORMATION
ADDITIONAL METHODS TO PROVIDE GENERAL NOTICE TO THE MEMBERSHIP PURSUANT TO SENATE BILL 392 The new legislation adds another method upon which an association can provide general notice to the membership to include if the association maintains an internet website for the purpose of distributing information on association business to its members, the association can now post a general notice on the association’s internet website in a prominent location that is accessible to all members if so designated as the location for posting general notices in the annual policy statement. As such, annual policy statements that are sent to the membership each year which normally identify a posting of say a rule change in a common area location should include, if the association has an internet website accessible to the membership, the option of posting the notice on the association’s internet website in a prominent location that is accessible to all members.
ASSOCIATION MEMBERSHIP CAN NOW OPT OUT OF SHARING THE MEMBER’S NAME, PROPERTY ADDRESS AS WELL AS THEIR EMAIL AND MAILING ADDRESSES The new legislation amended Civil Code §5220 to close a loophole and provide that members can opt out of sharing not only the member’s name, property address and mailing address, but also their email address. Accordingly, based on all of the changes in the new legislation and the ability of a member to opt out of sharing their email address, the New Address Verification Notice should include an opportunity for the members to opt out from sharing both their mailing address as well as their email address.
INSPECTION RIGHTS The new legislation expanded the definition of Enhanced Association Records (which under existing law, means invoices, receipts and cancelled checks for payments made by the association, purchase orders approved by the association, credit card statements for credit cards issued in the name of the association, statements for services rendered and reimbursement requests submitted to the association). Specifically, Assembly Bill 392 amended the definition of Enhanced Association Records to also include bank account statements for bank accounts in which the association assessments are deposited or withdrawn.
24
HOA Living | MARCH, 2022
The new legislation also amended Civil Code §5230 to provide that an association or its managing agent shall not sell a member’s personal information for any purpose without the consent of the member nor transmit a member’s personal information without the consent of the member unless required to do so by law including but not limited to any member’s personal information identified within Civil Code §5200. Since Civil Code §5200 includes the member’s email address, we believe that the New Address Verification Notice should have a default that the member’s email address should not be shared with the membership unless expressly stated in the New Address Verification Notice. In order to protect the privacy rights of the member, the body of the language for the New Address Verification Notice should provide that the member is asking the association to send association generated information to the member via email but not to share the email address with any other member(s) via a member’s request for the membership email list (but do provide the member the ability to opt to have his/her email address to be included within the association email membership list provided to members (“Opt Out”).
SENATE BILL 392 ALSO INCLUDED NEW LEGISLATION THAT IS EFFECTIVE AS OF JANUARY 1, 2023 The new legislation also amended Civil Code §4040 but it is effective as of January 1, 2023 to give HOAs the time to send out the New Address Verification Notice. As of January 1, 2023, Civil Code §4040 will provide the following:
(1)
(2)
If provision of the Davis-Stirling Act (“D-S Act”) requires an association to deliver a document by individual delivery or individual notice, the association shall deliver that document in accordance with the preferred delivery method specified by the member in the New Address Verification Notice. If the member has not provided a valid delivery method pursuant to the New Address Verification Notice, the association shall deliver the document by first class mail, registered or certified mail, express mail or overnight mail by an express service carrier addressed to the recipient at an address last shown on the books of the association.
(3) Upon receipt of a request by a member identifying a secondary email or mailing address for delivery of notices, the association shall deliver an additional copy of both of the following to the secondary address:
(a) (b)
The annual policy and the annual budget documentation; Any and all documents required to be delivered to a member pursuant to the assessment collection process.
WELCOME ABOARD Premier Community Association Management By Jay Jarvis, CMCA, CCAM, AMS
RECOMMENDATIONS • Send the New Address Verification Notice to the Owners on a Timely Basis As set forth above, the association is required to send the New Address Verification Notice to each owner at least 30 days prior to the association's dissemination of the annual budget report/annual policy statement. Since associations must deliver the annual budget report/annual policy statement not less than 30 no more than 90 days from the beginning of each fiscal year, we recommend that associations send the New Address Verification Notice to the owners between 60-120 days prior to the dissemination of the annual budget report/annual policy statement. We also recommend that the association make an entry on the association's calendar to facilitate sending such New Address Verification Notice to the owners on a timely annual basis. Sending out the annual New Address Verification Notice to the owners ahead of time will give the management companies and/or associations the opportunity to enter data into its books and records without the additional concern of having to coordinate adding such information into the books and records while at the same time preparing and disseminating the annual budget report/annual policy statement. • Bonus Sending out the New Address Verification Notice gives the association another opportunity to request that each owner sign the Email Consent Form authorizing the association to send various notices via email as distinguished from the more expensive and time-consuming process of copying, printing and then mailing such notices. Such Email Consent Form should also include an Opt Out so members can authorize the association to send association-generated information but at the same time, Opt Out if the member is so inclined from having the member’s email address shared with the other members within the community. Reprinted from Guralnick & Gilliland’s 36th Annual Legal Update. Wayne Guralnick, Esq. is a partner in the law firm of Guralnick & Gilliland, LLP. He can be reached at (760) 340-1515.
Rhonda Drews, PCAM
Ashley Layton, PCAM
Rhonda Drews, PCAM, and Ashley Layton, PCAM, are well-known to many at CAI-CV. They have recently been named Vice Presidents of the desert’s newest management company, Premier Community Association Management (PCAM), in Palm Desert. PCAM will provide full-service professional community association management in Southern California and is the newest branch of Buck Reynolds Corporation. Buck Reynolds’ President & CEO Melissa Layton is also a familiar professional manager known to many CAI-CV members. Melissa said, “I am thrilled to be reunited with my desert friends, doing business again in the Valley where it all began in 1987 with the formation of Desert Resort Management.” Buck Reynolds has operated for thirty-five years, providing HOA management, residential and commercial property management, real estate services, and sales, in Arizona, Nevada, and now California. Rhonda Drews has more than twenty years of experience in community association management and holds CAI’s highest designation, the Professional Community Association Manager (PCAM). She also holds a Certified Community Association Manager (CCAM) designation through the California Association of Community Managers (CACM). Rhonda has been an active CAI-CV volunteer, serving on the board and in a leadership capacity for many years. She is currently serving as Chair of the Professional Managers Committee, Chair of the Education Committee, and Co-Chair of the CLAC Legislative Support Committee. Rhonda said, “I am excited to take on this new role with PCAM and help develop a new management company.” Ashley Layton began her career under her mother’s tutelage and used that expertise to become widely respected as a professional manager and mentor for many other managers. She is excited about this new journey and is enjoying working again with her mother, and long-time friend and colleague, Rhonda. PCAM’s offices are located at 40004 Cook Street, Suite 5, Palm Desert, CA 92211. Rhonda and Ashley can be reached at (760) 345-2449 or online at info@brcpcam.com. For more information about Buck Reynolds Corporation, go to www.buckreynoldscorporation.com. E.J. (Jay) Jarvis II, CMCA® CCAM® AMS® is a community manager with HOA Office, Inc. He served as past president of Lafayette Village Homeowners Association, and past president and on-site manager of Portola Palms Homeowners Association. Jay can be reached at jay@HOAOffice.net. CAI-CV.org
facebook.com/CAICV
@CAI-CV
25
CLAC NEWS
ONLINE BOARD MEETINGS By Clint Atherton, PCAM , LSM
W
hen COIVD-19 hit its initial peak in March of 2020, communities were forced to decide if they wanted to meet in person and potentially be exposed to the virus or hold a meeting solely via teleconference/videoconference without providing a physical location allowing homeowners to listen and observe the meeting as required by Civil Code 4090(b). Most communities opted for the latter, due to the potential risk of virus transmission. Initially, there was some trepidation in this brave new world of virtual meetings but as boards, managers, and members became more familiar with technology, many found the meetings to flow better and have more member participation. In fact, for many associations, a virtual meeting was vastly superior to in-person meetings. Notwithstanding, this practice did not legally comply with the meeting requirements in the Davis-Stirling Common Interest Development Act. Eventually, in February 2021, Senator Min proposed SB 391, which would enable boards to meet without a physical location in areas impacted by a state of disaster or state of emergency. While it was initially hoped that associations would be able to dispense with the physical location requirement altogether (rather than just in a state disaster or emergency), this, unfortunately, did not occur.
26
HOA Living | MARCH, 2022
SB 391 passed both the Senate and the Assembly and was signed into law by the Governor on September 23, 2021. Typically bills become effective at the start of the following year, or later once they are Chaptered by the Secretary of State. However, as we are all still dealing with the COVID-19 pandemic, this bill became effective immediately upon being Chaptered. What SB 391 Specifically Allows and Requires SB 391 adds Civil Code Section 5450, which permits boards to meet without a physical location, where gathering in person is unsafe or impossible because the association is located in an area affected by one or more of the following conditions:
(1) (2) (3)
A state of disaster or emergency declared by the federal government. A state of emergency proclaimed by the Governor under Section 8625 of the Government Code. A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code.
This means that communities can hold board meetings virtually until the state of emergency is lifted. However, there are very specific notice requirements that boards must follow in order to hold virtual meetings under the statute. The notice of each meeting that is to be held only via teleconference/ videoconference must include the following information (in addition to required content for meeting notices):
A)
Clear technical instructions on how to participate by teleconference.
(B)
(C)
The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so. The notice for the first meeting held under Civil Code Section 5450 must be delivered to members by individual delivery. Also, any person who is entitled to participate in the meeting must be given the option of doing so via telephone. Once you have taken care of the statutory notices and get to the actual holding of the meeting, this new portion of the Civil Code also requires a roll call vote for any vote of the board of directors. Lastly, there are some other provisions in the bill that address what happens if you cannot provide individual notice via mail delivery due to the nature of the emergency order and provide additional requirements for holding meetings where ballots are tabulated. You can read more about that and view the entire bill by clicking HERE. Although we were not able to get teleconference meetings passed for use in non-emergency times, SB 391 was a more than positive step in the right direction in making our meetings more accessible for members who are not able to attend in person or prefer virtual meetings. As we move forward and in-person meetings resume, I would imagine that we will see “hybrid” meetings. These meetings would offer both an in-person and virtual option to encourage participation by members who cannot
MEE T T HE COMMIT T EE CHAIRS Holly Smith, PCAM By Jay Jarvis, CMCA, CCAM, AMS
attend in person. Ultimately, it is my hope that the legislature will amend this portion of the Civil Code to give associations the option to hold all meetings virtually regardless of a state of emergency. To make this happen, I would encourage all managers and board members to track participation in their virtual meetings, particularly in senior communities. You can work with your CAI Legislative Support Committee and your local legislators with this information to show them that this new way of conducting meetings increases transparency and member involvement. Clint Atherton, PCAM, LSM, first began working with common interest developments in Orange County in 2001. He later became active in the CAI Orange County Chapter serving on the Program Committees, Legislative Support Committee, and was elected to serve on their Board in 2013. Clint is currently the onsite General Manager of Sun City Palm Desert and serves on the CAI Coachella Valley Chapter’s Professional Managers Committee, Legislative Support Committee, and is the Chapter’s delegate to the California Legislative Action Committee. He currently serves as President of CAI-CV.
Holly Smith is the new Chair of the Chapter’s Communications and Public Relations Committee. HOA Living interviewed Holly as part of our continuing series introducing CAI-CV’s leadership to our members. Holly grew up nearby in Yucaipa, and now lives in the Coachella Valley with her two cats and a dog. Her hobbies include interior design, reading, and gardening. Holly is a Renaissance woman. She refers to her education and interests as eclectic. In high school, Holly focused on journalism, debate, and public speaking. In college, she focused on archaeology and business administration. Her first job after college was in the fashion industry where she Holly Smith, PCAM worked in merchandising for a nationwide clothing chain. Holly told us that she then moved to what she describes as one of her most rewarding jobs, the San Bernardino Housing Authority, where she helped people in need obtain housing. She also served as a property manager. From the Housing Authority, she moved into HOA management. Holly works for Associa Desert Resort Management, where she serves as a Senior Community Manager and manages a portfolio of properties. Holly said her greatest professional achievements include being recognized by CAI-CV as the Portfolio Manager of the Year in 2019 and earning her Professional Community Association Manager (PCAM) designation from CAI. Holly tells us, “I love building relationships with my community boards and homeowners. The secret to professional community management is building respect.” Holly considers herself a by-the-book kind of manager. We asked Holly what makes her unique, a question for which she sought her mother’s opinion (Holly’s parents also live in the Coachella Valley). Holly told us that, according to her mom, her optimism and willingness to take on anything new is what makes her unique. Holly praises CAI-CV as being an exciting industry organization that is dedicated to helping its members grow their careers. She joined CAI for its educational opportunities, as well as to connect with industry colleagues. She said, “CAI’s dedication to educating managers and board members is unparalleled.” Holly also enjoys attending CAI-CV events to have quality time with other managers and the Chapter’s business partners. Holly’s goals for her Communications and PR Committee include building new social media capabilities, helping the Chapter’s event committees publicize better, and helping all our members access the Chapter’s educational resources. She said her committee members have amazing ideas and they are excited about working to elevate the HOA industry. She believes the HOA industry in the Coachella Valley is uniquely diverse and can help many people find an outstanding quality of life, regardless of income level. Holly’s closing advice to CAI-CV members is, “Get involved and volunteer for a CAI-CV Committee. For an hour a month, you will learn a lot and you will meet great people. You will always be welcome on a CAI-CV Committee – especially the Communications and PR Committee.” E.J. (Jay) Jarvis II, CMCA® CCAM® AMS® is a community manager with HOA Office, Inc. He served as past president of Lafayette Village Homeowners Association, and past president and on-site manager of Portola Palms Homeowners Association. Jay can be reached at jay@HOAOffice.net. CAI-CV.org
facebook.com/CAICV
@CAI-CV
27
CAI- CV EDU CAT IONAL PRO GR AM & MINI T R ADE S HOW FR IDAY, FEB R UARY 18 , 202 2
Balcony Inspection Issues – A Deeper Dive GUEST SPEAKERS Gloria Kirkwood, PCAM
Palm Valley Country Club Kieran Purcell, Esq.
Epsten, APC
Chris Sigler, B.S.C.E., CDT
C.L. Sigler & Associates, Inc.
PLEASE THANK OUR FEBRUARY PROGRAM SPONSORS! Membership Sponsor
Prendiville Insurance Agency
Exhibitor Sponsors
AMS Paving Accurate Termite & Pest Control CIT Bank Conserve LandCare Delphi Law Group, LLP Diversified Asphalt Products Dunn-Edwards Corporation EmpireWorks Nissho of California PatioShoppers Patrol Masters, Inc. Payne Pest Management Prendiville Insurance Agency SCT Reserve Consultants, Inc. Vintage Landscape 28
HOA Living | MARCH, 2022
CAI- CV EDU CAT IONAL PRO GR AM & MINI T R ADE S HOW FR IDAY, FEB R UARY 18 , 202 2
CAI-CV.org
facebook.com/CAICV
@CAI-CV
29
WELCOME TO CAI-CV’S SPEAKEASY
Friday, January 28, 2022 2020 and 2021 Awards Combined!
TITLE SPONSOR Powerstone Property Management
30
HOA Living | MARCH, 2022
CAI-CV.org
facebook.com/CAICV
@CAI-CV
31
32
HOA Living | MARCH, 2022
CONGRATULATIONS
PLATINUM SPONSORS AMS Paving, Inc. Associa Desert Resort Management BRS Roofing Inc. Conserve LandCare Ivan’s Painting & Maintenance NPG Asphalt Patrol Masters, Inc. Pro Landscaping, Inc. Roof Asset Management Roseman Law, APC
CHAMPAGNE SPONSORS Automation Pride Southwest Security CANDY SPONSOR SCT Reserve Consultants, Inc. VALET SPONSOR Asphalt MD’s
RUBY RESERVED TABLE SPONSOR Fiore Racobs & Powers, A PLC GOLD SPONSORS Allied Universal C.L. Sigler & Associates NPG Asphalt Pacific Western Bank Sherwin-Williams Paint Company Vantage Point Construction
FRIDAY, JANUARY 28, 2022 TITLE SPONSOR Powerstone Property Management
2020 Awards 2020 Lifetime Achievement Award Mary Walker, CCAM-LS, AMS
2020 Distinguished Service Award Julie R. Balbini, Esq.
2020 Community Association Onsite Manager of the Year Jayme Fakehany, CMCA, AMS
2020 Community Association Portfolio Manager of the Year Michelle Lopez, CMCA, AMS, CCAM
2020 Community Association (HOA) of the Year Victoria Falls Homeowners Association
2020 Homeowner Leader of the Year
Elbert “Jay” Jarvis II, CMCA, AMS, CCAM
2020 Business Partner of the Year
Fiore Racobs & Powers, A PLC
2020 Business Partner of the Year
Prendiville Insurance Agency – Farmers Insurance Group
FOOD SPONSORS Conserve LandCare Dunn-Edwards Corporation EmpireWorks Flanders Painting BLACKJACK TABLE SPONSORS Automation Pride Frazier Pest Control Securitas Security Services
CARD SPONSOR Flood Response
2020 & 2021 AWARDS
GRAND JACKPOT SPONSOR Palm Springs Leak Detection
ROULETTE SPONSORS Roof Asset Management Sherwin-Williams Paint Company
CHIP SPONSOR Sunshine Landscape AWARDS SPONSORS Accurate Termite & Pest Control International Paving Services – IPS Millennium Community Management
CRAPS SPONSOR Powerful Pest Management SCHOLARSHIP SPONSORS Adams Stirling, PLC Conserve LandCare
ENTERTAINMENT SPONSORS La Barre Oksnee Insurance Agency Pacific Western Bank
CLAC SPONSORS Epsten, APC Seacoast Commerce Bank
PHOTOGRAPHY SPONSORS Delphi Law Group, LLP O’Connell Landscape Maintenance Vantage Point Construction
2020 Educated Business Partner of the Year Tiffany L. Christian Epsten, APC
2020 Board of Director’s Award Jolen Zeroski, CMCA
2020 Special Event Committee of The Year
Bowling Committee Rob Winkle, Chair Micha Ballesteros, Co-Chair Mike Traidman, Board Liaison Dana Brown, CCAM, CMCA, AMS Kymberli Burke Tiffany L. Christian Julie Frazier Matthew Hills Erin Klink Jeri Mupo, CMCA, AMS, PCAM Loni Peterson, CCAM-LS, CMCA, AMS, PCAM CAI-CV.org
facebook.com/CAICV
@CAI-CV
33
2020 Operations Committee of the Year
Programs Committee Julie Balbini, Esq., Chair Mary Walker, CCAM-LS, AMS, Co-Chair Louise Stettler, Board Liaison Sharron Badham, PCAM, CCAM Christina Baine DeJardin, Esq. Tiffany L. Christian Gloria Kirkwood, PCAM, CCAM Lisa Tashjian, Esq.
2021 Awards 2021 Lifetime Achievement Award
Gloria Kirkwood, PCAM, CCAM
2021 Distinguished Service Award
Matthew Lawton, EBP, CIC, CIRMS
2021 Community Association Onsite Manager of the Year Norma Segura
2021 Community Association Portfolio Manager of the Year Kristin Berryhill-Hood, CCAM
2021 Community Association (HOA) of the Year Montage at Mission Hills, Inc.
2021 Homeowner Leader of the Year
Brigadier General (Retired) Guido Portante, Jr.
2021 Business Partner of the Year Signarama
2021 Educated Business Partner of the Year Alison LeBoeuf
2021 Board of Director’s Award Rodney Bissell
2021 President’s Award
Margaret “Gen” Wangler
2021 Special Event Committee of the Year
Wine Tasting Committee Gloria Kirkwood, PCAM, CCAM, Chair Alison LeBoeuf, Co-Chair Louise Stettler, Board Liaison Clint Atherton, PCAM Sharron Badham, CCAM, PCAM Robert Besanson Lori Fahnestock 34
HOA Living | MARCH, 2022
Kelly McGalliard, CCAM, PCAM Grace Paluck, CMCA, CAMEx, CCAM Loni Peterson, CCAM-LS, CMCA, AMS, PCAM Synthia Salazar, CMCA, AMS Jennifer Zeivel, CMCA, AMS, PCAM Jolen Zeroski, CMCA
2021 Operations Committee of the Year Homeowner Leader Committee Bruce Latta, CMCA, Chair Sabina Dorn, Co-Chair Guido Portante, Co-Chair Mike Traidman, Board Liaison Sally Armitage Simone Best Jay Jarvis, CMCA, AMS Jim Leighty Tony Michaelis Steven Shuey, PCAM
2021 Board of Director’s Award 40th Anniversary Committee
Gloria Kirkwood, PCAM, Chair Louise Stettler, Co-Chair Sharron Badham, CCAM, PCAM Jerry Cavoretto, CMCA, AMS Mark Dodge, CMCA, AMS Meaghan Gaffney-Howe, CMCA, AMS Becky Hayes, CIRMS Mike Mastropietro Kelly McGalliard, CMCA, PCAM Fran Mullahy Grace Paluck, CMCA, CAMEx, CCAM Dionne Petitpas Paula Tapia John Walters, CMCA, AMS Gen Wangler Rob Winkle Jennifer Zeivel, CMCA, AMS, PCAM Jolen Zeroski, CMCA
Special Awards Lifetime Board of Director’s Award Steven Shuey, PCAM
Committee Lifetime Achievement Award
Quorum Committee Jennifer James, Esq., Chair Rodney Bissell, Co-Chair Marilyn Ramos, Co-Chair Steven Shuey, PCAM, Board Liaison Kimberly Burnett Diane Carmony Sierra Carr, CMCA, AMS, PCAM Meaghan Gaffney-Howe, CMCA, AMS Jay Jarvis, CMCA, AMS Cheyenne Landry Bruce Latta, CMCA Glenn Miller Grace Paluck, CMCA, CAMEx, CCAM Mike Rey Chris Sigler Holly Smith, CMCA, AMS, PCAM
2020 Above & Beyond Awards 2020 Awards Committee Sammy Ahmad
2020 Bowling Committee Julie Frazier
2020 Business Partner Committee Randy Mitchell
2020 CLAC LSC Committee Clint Atherton, PCAM
2020 Communications Committee
Matt Rittenhouse, CMCA, AMS
2020 Education Committee Tiffany L. Christian
2020 Golf Committee
Jolen Zeroski, CMCA
2020 Homeowner Leader Committee Sabina Dorn
2020 Membership Committee
Loni Peterson, CCAM-LS, CMCA, AMS, PCAM
2020 Oktoberfest Committee Patricia Moeller
2020 Professional Managers Committee
Loni Peterson, CCAM-LS, CMCA, AMS, PCAM
2020 Programs Committee Julie Balbini, Esq.
2020 Public Relations Committee Mike Traidman
2020 Quorum Committee Marilyn Ramos
2020 Volunteer Committee Lily Ortega, CMCA Cami Staviski
2020 Wine Tasting Committee
Loni Peterson, CCAM-LS, CMCA, AMS, PCAM
2021 Above & Beyond Awards 2021 40th Anniversary Committee
Kelly McGalliard, CCAM, PCAM
2021 Awards Committee
Kristin Berryhill-Hood, CCAM
2021 Bowling Committee Tiffany L. Christian
2021 Business Partner Committee
Kristin Berryhill-Hood, CCAM
2021 CLAC LSC Committee
Loni Peterson, CCAM-LS, CMCA, AMS, PCAM
2021 CLAC LSC Committee Michael Traidman
2021 Communications & Public Relations Committee Elbert “Jay” Jarvis II, CMCA, AMS, CCAM
2021 Education Committee Mallory Paproth
2021 Golf Committee
Julie Mogolis, CMCA, AMS
2021 Homeowner Leader Committee Bruce Latta, CMCA
CAI-CV.org
facebook.com/CAICV
@CAI-CV
35
2021 Membership Committee
2021 Programs Committee
2021 Oktoberfest Committee
2021 Quorum Committee
2021 Professional Managers Committee
2021 Volunteer Committee
Loni Peterson, CCAM-LS, CMCA, AMS, PCAM Meranda Valencia
Tiffany L. Christian
Meaghan Gaffney-Howe, CMCA, AMS
Rhonda Drews, PCAM Steven Shuey, PCAM
Becky Hayes, CIRMS
2021 Wine Tasting Committee Louise Stettler
April 19, 2022 Coachella Valley Chapter Legislative Session 11:30 am - 2:00 pm
April 18 – 21, 2022 Join Us Online!
CAI-CLAC VIRTUAL
Legislative Week AT THE CAPITOL 2022: FOR OUR HOMES, OUR COMMUNITIES, OUR FUTURE
Registration information #WeAreCAI coming soon. #CLAC2022 For more information? CLICK HERE CLICK LINK TO REGISTER MAKE SURE caiclac.com TO CLICK ON TU APRIL 19th at 11:30 a.m. for Coachella Valley Representatives! 36
HOA Living | MARCH, 2022
Come together virtually to help us educate legislators, seek support for specific bills, and connect with your industry peers. During our 4-day virtual event, join CAI-CLAC’s lobbyist, Louie Brown and other California association homeowners, managers and business partners at briefing sessions to learn what new changes are on the horizon. Legislative visits will be held individually with all eight CAI California Chapters, local legislators and their staff. These virtual visits are more important now than ever – and can be done in the comfort of your home or office. Register or learn more at caiclac.com.
2022 CAI-CLAC VIRTUAL LEGISLATIVE WEEK AT THE CAPITOL VISIT WITH COACHELLA VALLEY REPRESENTATIVES Tuesday, April 19, 2022, 11:30 a.m. to 2:00 p.m.
CAI-CV EDUCATIONAL PROGRAM & MINI TRADE SHOW
Friday, March 18, 2022
POWERING UP HOAs Are You in the Right Solar System?
GUEST SPEAKERS
Matt McPherson Renova Energy
•
Steve Tinnelly, Esq. Tinnelly Law Group
CA Solar Laws - Solar Rights Act - CA Civil Code 714
•
Latest Solar Innovations for HOAs
•
Who Owns the Roof?
•
How to Finance
•
Aesthetics of Solar
Ron Winkle
Roof Asset Management
REGISTRATION – CLICK HERE Lunch and Trade Show Included 11:30 AM TO 1:15 PM $42 Members $52 Nonmembers & Walk-in Registrations OMNI RANCHO LAS PALMAS RESORT & SPA 41000 Bob Hope Drive, Rancho Mirage
PLEASE SUPPORT CAI-CV SPONSORS! MARCH SPONSORS Membership Sponsor Prendiville Insurance Agency
LIMITED CAPACITY
EXHIBITOR SPONSORS AMS Paving C.L. Sigler & Associates Conserve LandCare Nissho of California Patrol Masters, Inc. Prendiville Insurance Agency S.B.S Lien Services SoCal Shade Sails Vintage Landscape
PEN SPONSOR Vantage Point Construction Inc.
CAI-CV.org
SPONSORSHIPS AVAILABLE
facebook.com/CAICV
@CAI-CV
37
#1 IN THE ENTIRE COACHELLA VALLEY AND HIGH DESERT
RESIDENTIAL & COMMERCIAL SERVICES: • Water & Sewage Extraction • Reconstruction / Remodel • Drying & Dehumidifcation
• Smoke & Odor Removal • Mold Remediation • Fire Damage Clean-Up
30 YEARS EXPERIENCE FRIENDLY
DIRECT LING E BIL C N A R U INS LE AVAILAB 38
HOA Living | MARCH, 2022
Call Today for Immediate Help!
(760) 343-3933
WWW.FLOODRESPONSE.COM
1 HOUR RESPON SE TIME
MASTER YOUR CAI BUSINESS PARTNER MEMBERSHIP
Introducing the NEW Business Partner Toolkit CAI business partners, you are essential. We think about you often and want to better understand your larger goals and how we can help. We're creating an experience to support and show you how to put your CAI membership to work.
VISIT THE NEW BUSINESS PARTNER TOOLKIT, DESIGNED IN PARTNERSHIP WITH CAI’S BUSINESS PARTNERS COUNCIL. CLICK HERE
• NEW Resources: Featuring best practices and strategies for networking, presentations, and attracting new clients. • Business Partner Essentials: Showcase your skills. CAI business partner designations that make our professionals stand out.
Find the Right Event for You: CAI chapter and headquarters events are the best way to make valuable connections that drive business success CAI-CV.org
facebook.com/CAICV
@CAI-CV
39
Programs Committee
JOIN A CAI-CV COMMITTEE CAI-CV HAS 15 STANDING COMMITTEES, WITH MORE THAN 150 VOLUNTEERS. CAI-CV COMMITTEES HAVE BEEN RECOGNIZED WITH 26 CAI NATIONAL AWARDS IN THE PAST SEVEN YEARS. ABOUT CAI-CV COMMITTEES All CAI-CV members in good standing are eligible to serve on Chapter committees. Committees strive to have representatives from all three membership categories. CAI-CV members may serve on more than one committee. There is no cost to serving on a CAI-CV committee other than your time. Volunteering for a committee will typically occupy three to five hours per month. Most committees meet monthly, however event committees may meet more frequently in the months leading up to the event. Committee members may attend meetings either in-person at the CAI-CV office or virtually via Zoom. Each committee is structured with a leadership team that includes a CAI-CV Director as the Liaison to the Chapter Board, a Committee Chair, and a Committee Co-Chair. Committee leaders are part of the Chapter’s succession plan. Typically, Chairs and Co-Chairs have served on a committee for a year or more and have shown leadership capabilities. Directors on the CAI-CV Board must have served for at least one year as a Chair, Co-Chair, or CLAC Delegate. Resources for committee members are located on the CAI-CV website (www.cai-cv.org) under Resources, and then under the Committee Tools & Resources tab.
CAI-CV STANDING COMMITTEES
CAI-CV Committees fall within four major categories. Administrative committees have ongoing responsibilities that keep the Chapter running smoothly. Education committees focus on providing top-tier education and continuing education units (CEUs) for members. Membership support committees focus on specific needs of each of the three major membership groups: business partners, homeowner leaders, and community association managers. Networking and fundraising committees plan networking events to raise support for CAI-CV’s educational programs.
ADMINISTRATIVE COMMITTEES Communications & Public Relations Committee • Internal Communications for CAI Events & Programs • Social Media • External Communications & Media Relations
Legislative Support Committee • Choose & Support CLAC Delegates • Keep Members Apprised of HOA Legislation • Grassroots Lobbying • District Meetings with Legislators
Membership Committee • Member Retention • Membership Growth & Incentive Programs 40
HOA Living | MARCH, 2022
HOA Living Magazine Committee • Publication of CAI-CV’s AwardWinning Monthly Magazine • Advertising in HOA Living
Volunteer Committee • Provide Volunteers for CAI-CV Events and Programs
EDUCATION COMMITTEES Education Committee • Monthly Manager on the Run (MOTR) Program for Managers and Assistant Managers • Monthly Board Member Workshops (BMW) for Association Board Members • Quarterly Board Basic Training for New Board Members • Bi-Annual Common Interest Development (CID) Law Course
• Monthly Educational Programs for All Members
MEMBER SUPPORT COMMITTEES Business Partner Committee • Onboarding New Business Partner Members • Monthly Mini Trade Shows • Outreach to Potential Business Partners • Develop Marketing & Networking Opportunities
Homeowner Leader Committee • Onboarding for New Homeowner Leader Members • Outreach to Potential Homeowner Leaders • Homeowner Leader Education & Publications • CAI-CV Medallion Community Program • CAI Homeowner Leader Certificate Program • Desert Cities HOA Council
Professional Managers Committee • Onboarding for New Manager Members • Outreach to Potential Manager Members • Career Development & Statewide Job Board • CAI-CV Carol A. Fulton Scholarship Fund • Higher Education for Managers • CAI National Courses & CAI Professional Designations
NETWORKING & FUNDRASING COMMITTEES Awards Committee • Annual Awards & Recognition Event
Bowling Committee • Annual Bowling Tournament(s)
Corks for CLAC Wine Tasting Committee • Annual Wine Tasting Event to Support the California Legislative Action Committee
Golf Committee • Annual Golf Tournaments
Oktoberfest Committee • Annual Oktoberfest Celebration
CAI-CV COMMITTEE VOLUNTEER FORM First Name:
MAXIMIZE
YOUR INFLUENCE
JOIN A CAI COMMITTEE
I WANT TO VOLUNTEER FOR THE FOLLOWING CAI-CV COMMITTEES
Last Name:
Awards Committee
CAI DESIGNATIONS
Bowling Committee
(check all that apply):
Business Partner Committee
MANAGERS
Corks for CLAC Wine Tasting Committee
Communications & Public Relations Committee
Certified Manager of Community Associations (CMCA)
Education Committee
Association Management Specialist (AMS)
Golf Committee
Professional Community Association Manager (PCAM)
Homeowner Leader Committee
Large Scale Manager (LSM)
Legislative Support Committee Membership Committee
BUSINESS PARTNERS
Oktoberfest Committee
CAI College of Community Association Lawyers (CCAL)
Professional Managers Committee
CAI Reserve Specialist (RS)
Programs Committee
CAI Certified Insurance and Risk Management Specialist (CIRMS)
HOA Living Magazine Committee Volunteer Committee
CAI Educated Business Partner (EBP)
ASSOCIATION BOARD MEMBERS: CAI Board Certificate Recipient (BCR)
Employer/Company/Association Name:
Mailing Address:
City: State: Zip: Work Phone: Cell Phone: E-Mail Address: I understand the 3-5-hour per month time commitment required to serve on a CAI-CV committee and I understand that if I miss 3 or more meetings, I may be removed from the committee.
Signature
Date
Please submit forms to ADMIN@CAI-CV.ORG or fax them to the CAI-CV office at (760) 341 8443. Please call the CAI-CV office if you have questions, (760) 341-0559. CAI-CV.org
facebook.com/CAICV
@CAI-CV
41
Architectural Improvement Agreement for Solar Energy Systems Installed on Association Common Areas By Marilyn Ramos
C
alifornia continues its efforts to encourage the use of solar energy systems. Community associations may restrict the installation of solar energy systems that are located on association common area roofs to those systems approved by the community association (see Civil Code Section 714.1). Thus, if the solar energy system is to be installed on an association’s common area roof, then the community association can and should enforce its reasonable restrictions that are contained within its architectural/ design guidelines. Community associations would be well served to review their architectural/design guidelines to make sure they have addressed the concerns related to the impact on the association-maintained roof systems. The architectural/design guidelines should include a requirement that the owner execute an architectural improvement agreement identifying the maintenance responsibilities, inclusive of the requirement that the owner may need to remove the solar system to the extent that the association is repairing or replacing the underlying roof system. Said agreement would be recorded against the owner’s unit so that future owners are on notice of the obligations contained therein.
42
HOA Living | MARCH, 2022
FOLLOWING IS A SAMPLE AGREEMENT FOR A CONDOMINIUM SUBDIVISION:
ARCHITECTURAL IMPROVEMENT AGREEMENT THIS ARCHITECTURAL IMPROVEMENT AGREEMENT (AAgreement@) is made and entered into by and between _____________________________________ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("Association") and _________________________ ("Owner").
RECITALS WHEREAS, Association is a California Nonprofit Mutual Benefit Corporation whose specific and general purposes are recited in its governing documents. The primary purpose is to provide for the preservation, management, maintenance and care of the architecture and appearance of a development project known as ___________________________________ ("Subdivision"); WHEREAS, Owner owns a Unit within the Subdivision, to wit, Unit_____ as shown on the Condominium Plan recorded _________________, _______, as Instrument No. ________, of Official Records, Records of Riverside County, California ("Subject Unit"), legally described in Exhibit A, attached hereto and made a part hereof by this reference; WHEREAS, the Association adopted architectural guidelines pertaining to solar panel installations (ASolar Guidelines@) upon the Association’s Common Area roof system (AExisting Roof System@) which provide the Association with the power to approve (on a case-by-case basis) installation of Solar Installations which are: (a) to be installed upon portions of the tile roof(s) or portions of the flat roof not being utilized as mechanical staging areas (i.e. HVAC system, etc.); (b) not to be placed on any roof plane directly parallel to the street side of the Unit; and (c) which are located within the Existing Roof area associated with and directly above the airspace of the Subject Unit; WHEREAS, Owner has submitted an Architectural Request to the Association seeking approval for a Solar Installation as that term is defined in the Association’s Architectural and Landscape Guidelines on the Existing Roof System at the Subject Unit (APV System@); WHEREAS, Owner represents to the Association that said PV System installation shall conform in all respects to the Architectural and Landscape Guidelines, excepting only the issues addressed within this Agreement, pursuant to the final plans and specifications submitted to and approved by the Association ("Plans and Specifications"), this Agreement, the Solar Guidelines and the CC&Rs;
WHEREAS, Association is willing to approve construction of the PV System, provided that Owner executes this Agreement thereby agreeing to the terms and conditions set forth herein; and
b.
WHEREAS, Owner has agreed to execute this Agreement and to comply with the terms set forth herein.
c.
AGREEMENT NOW, THEREFORE, the parties hereto acknowledge, covenant and agree as follows:
1. 2.
The foregoing Recitals are true and correct and are hereby incorporated into this Agreement by this reference.
d.
Conditions of Approval. Owner covenants and agrees that the PV System shall be installed in such a way that:
a.
All Plans and Specifications, including any further written dimensions required by the Association, shall be submitted and approved by the Association prior to commencement of construction;
e.
f.
g.
Those portions of the PV System proposed for installation on the tile roof shall be contained solely within the tile roof area associated with and directly above the airspace of the Owner’s Unit; Except as provided in this Agreement and identified within the Exhibit B - Index of Plans of the final Plans and Specifications submitted to and approved by the Association, the PV System shall be installed consistent with the Architectural and Landscape Guidelines including, but not limited to, the Solar Guidelines; The PV System is constructed and installed in accordance with applicable building, fire, electrical and related codes. A building permit shall be obtained, if required by the City of ____________ ; Construction is performed by qualified persons who are licensed by the State of California to construct the PV System who are knowledgeable about the proper construction of each component of the PV System; Owner shall be responsible for any damage to any and all real or personal property or for any injury resulting from the PV System installation and/or the maintenance thereof; and Owner must own the PV System (PV System shall not be leased).
CAI-CV.org
facebook.com/CAICV
@CAI-CV
43
3.
Fees and Security Deposit.
a.
b.
c. 4.
44
5.
Non-refundable application, recording and construction fees as set forth in the Architectural and Landscape Guidelines fee schedule and attorney’s fees of $________ to prepare and record the Agreement will be charged to Owner’s Association account. In the event such fees are not paid, Owner hereby agrees that such delinquent fees may be collected in the same manner and method as regular monthly assessments are collected, pursuant to the Association's current collection policy. All security deposits shall be paid to the order of ______________________________ Association and shall be placed in an Association bank account to be drawn against by the Association for any and all of the following: (1) legal expenses; (2) consulting fees; (3) filing fees; (4) recordation costs; (5) administrative costs; (6) costs to repair any damage to the Common Area and/ or streets caused by the construction of the PV System; (7) any other costs directly related to and/or necessary for the supervision of the PV System installation, as well as to reimburse the costs necessary for the Association to bring the PV System into compliance with this Agreement; and (8) payment for any Special Assessment levied in accordance with the Association's Enforcement Procedure. All applicable fees and deposits must be submitted to the Association before construction may commence.
Compliance with Building Code and Association Guidelines. Except as provided in this Agreement, the PV System installation and/or construction are to be performed and completed in compliance with the Uniform Building Code, all laws and ordinances of the City of ________________, and in compliance with the CC&Rs, the Architectural and Landscape Guidelines, the Solar Guidelines, the Plans and Specifications submitted by Owner to the Association, this Agreement and variances identified within the Exhibit B final Plans and Specifications submitted to and approved by the Board of Directors. Owner will pay for any and all building fees and/or other assessments and charges required by such public agency. All improvements shall be constructed by a contractor licensed by the State of California to perform same.
HOA Living | MARCH, 2022
6.
7.
Association Inspection. Association hereby reserves the right to have its own roofing contractor, independent roofing consultant, or other representative (hereinafter "Association's Representative") review the Existing Roof System related to the PV System to assure that construction/installation has been made in accordance with the Plans and Specifications submitted, without damage to the Existing Roof System. Owner hereby agrees that Association may cause said inspection and further agrees to reimburse the Association for any costs to conduct said inspection and/or make corrections to any roof deficiencies identified by the Association's Representative caused by construction of the PV System. Construction Personnel / Hours. Owner and/or Owner’s contractor agree that the hours of construction for the PV System shall be restricted to 7:00 a.m. through 5:30 p.m. between October 1 and April 30, and 6:00 a.m. through 5:30 p.m. between May 1 and September 30, Monday through Friday. Additionally, there shall be no construction work permitted whatsoever on Sundays and holidays. Any vehicles belonging to construction personnel shall be parked without obstructing any driveways or mailboxes. Insurance. Owner shall also submit to the Association a copy of the current certificates of insurance of his/ her contractor as well as the additional insured endorsements as enumerated below, to the Association before commencement of work under this Agreement. The additional insured endorsement must have both Primary and Non-Contributory wording.
a.
b. c.
d.
Comprehensive general liability insurance with limits of not less than $500,000.00 for each person and $500,000.00 for each accident. Said liability insurance shall include coverage either in its policy or through an endorsement for broad form property damage, including completed operations, and shall insure against any risk of loss or damage caused by the installation and construction of the PV System. Appropriate bodily injury insurance with limits of not less than $500,000.00 for each person and $500,000.00 for each accident. Workers compensation insurance for all of contractor’s personnel, including any subcontractors, who will be working within the Subdivision related to the PV System. A certificate of insurance for workers’ compensation shall be furnished as stipulated in the preceding paragraph. The certificate shall be delivered to the designated representative of the Association prior to commencement of any work.
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
Let’s Get Social! Follow us @amspaving
Pave
Perform
Protect
760.327.0800 ● amspaving.com ● Lic: #415436 75-150 Sheryl Ave., Ste. D, Palm Desert, CA 92211
e.
8.
All policies for liability protection, bodily injury and property damage shall specifically name the Association as an additional insured in all respects, and certificates of same with properly executed endorsements (specifically naming the Association) shall be furnished to the Association’s Representative prior to the commencement of the PV System installation. The additional insured endorsement must have both Primary and Non-Contributory wording. The insurance certificate and endorsement shall contain an additional stipulation that written notice of any policy changes shall be furnished to the Association Office within 48 hours of such change being made and shall require that notice of any policy cancellation shall be furnished to the Association Office within ten (10) days of any cancellation notice.
Construction, Installation, Maintenance and Replacement Responsibilities for Solar Installations.
a.
The construction, installation, removal, maintenance and replacement of the PV System shall be the sole and exclusive responsibility of Owner, not the Association, and shall include, but not be limited to:
i. ii. iii. iv. v.
bi-annual roof cleaning, conducted by a license roofer, of those sections where the Solar Panels are installed; removal of tree material from and around any component of the PV System; prevention of rodent nesting; any and all other maintenance, repairs and cleaning; and repair of any damage to the PV System caused by a foreign object including, but not limited to, golf balls, tree limbs, wind, weather and/or any cause whatsoever.
(hereafter, collectively referred to as AMaintenance@)
b.
If Maintenance is not facilitated within fifteen (15) days of a written demand to facilitate same, Owner agrees to permit the Association to effect such Maintenance and thereafter levy the costs for same to Owner. In the event such costs are not reimbursed to the Association by Owner, Owner hereby agrees that such costs may be collected in the same manner and method as regular CAI-CV.org
facebook.com/CAICV
@CAI-CV
45
monthly assessments are collected, pursuant to the Association's current collection policy. Except as otherwise provided in this Agreement, Owner for himself/herself/themselves, as well as for his/her/their successors and assigns, covenant and agree that they shall be solely responsible for all Maintenance related to the PV System.
9.
10.
Warranty.
a.
Existing Tile Roof System Maintenance, Repair and/or Replacement Responsibilities.
a.
b.
46
monthly assessments are collected, pursuant to the Association’s current collection policy.
If a defect in workmanship, inclusive of any labor and materials, is discovered within ten (10) years from the date of completion of the Solar Installation (AWarranty Period@), Contractor warrants and agrees to: (i) Remedy the found defective conditions and facilitate any and all necessary repairs/replacement all at no charge to the Owner(s) or the Association for the cost of any materials, supplies, labor and/or other costs to facilitate said remedies; and (ii) Commence such remedies within three (3) business days after being notified of same and to complete the repairs within a reasonable period of time thereafter.
To the extent the Association has to maintain, repair and/or replace any portion of the tile roof where the PV System is located and/or in close proximity thereto, Owner shall be responsible for removal and reinstallation of the PV System to facilitate such maintenance, repair and/ or replacement of the Existing Roof System, all at the Owner’s sole cost and expense. If the PV System causes the Association to incur any additional expenses relating to maintenance, repair and/or replacement of the Existing Roof System, Owner agrees to reimburse the Association for such Expenses within thirty (30) days of the presentation of the invoice for same and, if not paid, the Association will charge such Expenses to the Owner’s Association account. In the event such Expenses are not paid, Owner hereby agrees that such delinquent Expenses may be collected in the same manner and method as regular
HOA Living | MARCH, 2022
The Solar Guidelines requires that Owner obtain at least a ten (10) year roof warranty (for any roof work related to the installation of the PV System) from the installing contractor (ARoof Warranty@), with language similar to the following:
b. 11.
Within five (5) calendar days of completion of installation of the PV System, Owner shall provide a copy of the Roof Warranty to the Association.
Clean Job Site. Owner agrees that during construction all externally visible aspects of the job site shall be policed daily to assure a neat job site. Owner further agrees that the Association's Representative shall make the determination
as to the acceptability of the neatness of the job site.
12.
Indemnification.
a.
13.
14.
Owner shall further indemnify and hold the Association and any other Owner within the Subdivision harmless from any and all liability related to any and all damage to existing improvements including, but not limited to, the Existing Roof System and any related water damage caused by the PV System whether during the construction/ installation as well as after completion.
the best hands-free vehicle entry system since 1997.
Barcode automation, inc. Announcing reduced msrp for 2022
learn more at barcode-automation.com
Access Control That Works
b.
Owner shall indemnify for himself/herself/ themselves, as well as for his/her/their successors and assigns, and covenant and agree to hold Association harmless from all claims, demands or liability arising out of or encountered in connection with this Agreement or the PV System installation including, but not limited to claims, demands or liability for property damage and/or person injuries occurring during construction/ installation, as well as after completion, whether such claims, demands or liability are caused by Owner, Owner’s agents or employees, excepting only such injury or harm as may be caused solely and exclusively by Association's gross negligence.
Running with the Land. Owner agrees that this Agreement shall be a covenant running with the land as it relates to the Subject Unit and shall bind and be a charge upon the Subject Unit and to the successors or assigns hereof. Miscellaneous Provisions.
a.
b.
c.
d.
This Agreement shall not be modified by either party by oral representation made before or after execution of this Agreement. All modifications must be in writing and signed by both parties. Should arbitration or other legal action be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover as an element of cost of suit and not as damages, reasonable attorneys' fees to be fixed by the arbitrator. The prevailing party shall be entitled to recover his costs of suit, regardless of whether such suit proceeds to final judgment. This Agreement shall not be construed against the party preparing it but shall be construed as if both parties prepared this Agreement and in accordance with the laws of the State of California. If any term or provision of this Agreement or application thereof is held invalid or
A FULL-SERVICE LAW FIRM DEDICATED TO THE SUCCESS OF COMMUNITY ASSOCIATIONS > Legal Opinions > Enforcement > Governing Document Amendments > Contract Review > Assessment Collections > Litigation > Elections/Annual Meetings > General Legal Services
The Recognized Authority in Community Association Law CAI-CV.org
FIORELAW.COM 760-776-6511
facebook.com/CAICV
@CAI-CV
47
unenforceable as to any party, the balance of the Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and shall be enforced to the fullest extent provided by law.
e. f.
15.
48
Time is of the essence of all provisions of this Agreement. Each and all of the covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns and personal representatives of the respective parties.
Arbitration. Any claim, controversy or dispute of whatever nature arising out of or concerning this Agreement shall be resolved by final and binding arbitration according to the Judicial Arbitration and Mediation Services (JAMS) Rules of Practice and Procedure then in effect, except that the parties shall be entitled to only such discovery as is permitted by Code of Civil Procedure Section 1283.05 and any amendment thereto or successor statutes. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. Should any party refuse or neglect to appear or participate in arbitration proceedings, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented. The arbitrator is authorized to award any party or parties such sums as he/she shall deem proper for the time, expense, including but not limited to, costs and legal fees, and trouble of arbitration. The arbitration shall be binding on the parties.
HOA Living | MARCH, 2022
16.
Counterparts. This Agreement may be executed in counterparts and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and all counterparts taken together shall constitute one and the same Agreement, which shall be binding in effectiveness to all parties.
ASSOCIATION B ___________________________________ASSOCIATION Dated: By: Printed Name: _____________________________ Title: President OWNER B _______________________________________ Dated: _________ _______________________________ Printed Name: _____________________________
EXHIBIT A LEGAL DESCRIPTION OF SUBJECT UNIT
EXHIBIT B INDEX OF PLANS
Marilyn Ramos is a paralegal for Guralnick & Gilliland, LLP. She can be reached at (760) 340-1515 or by email at MarilynR@gghoalaw.com.
MEET THE MANAGEMENT COMPANIES MEE T THE SENIOR MANAGERS OF THE VALLE Y ’S COMMUNIT Y A SSOCIATION MANAGEMENT COMPANIES
Friday, March 11, 2022 4:00 PM to 6:30 PM The Classic Club 75-200 Classic Club Blvd Palm Desert
NETWORK WITH YOUR COLLEAGUES AND REPRESENTATIVES FROM THE VALLEY’S MANAGEMENT COMPANIES! • Champagne Greeting • Classic Club’s Famous Hors d’oeuvres!
• Assorted Desserts • No-Host Bar • Free Parking
HOMEOWNER LEADERS
MANAGERS
BUSINESS PARTNERS
$FREE (CAI-CV & DCHC Members)
$20 (Members)
$60 (Members)
CLICK HERE TO REGISTER
SPONSORSHIPS AVAILABLE MANAGEMENT COMPANY SPONSORSHIP (management companies) $500 Click Here (Includes table booth, recognition on invitations/signage, two registrations)
FOOD SPONSOR $300 Click Here (Includes recognition on invitations/signage, one registration)
BAR SPONSOR $400 Click Here (Includes recognition on invitations/signage, one registration)
SCHOLARSHIP SPONSOR $300 Click Here CLAC SPONSOR $300 Click Here
CAI-CV.org
facebook.com/CAICV
@CAI-CV
49
Of the 91 bills we are tracking, here are twelve bills that we are watching closely:
HOA ADVOCACY 2022 By Mike Traidman, Chair, CAI-CV CLAC LSC Committee The California legislature is back in session and as usual, there are many bills that will affect our local Coachella Valley HOAs in the pipeline. CAI’s California Legislative Action Committee (CLAC) is currently following 91 bills that have either been passed, submitted, and/or are going through the committee review process. Some of the bills are in their first year of approval so there is some clean-up legislation proposed as well. Here is the general nature of each category of bills we are watching:
NUMBER OF BILLS PER ISSUE
38
Community Association Relationships with Governmental Departments and Agencies
25
Community Association Governance and Management
22
Community Association Values
COVID-19
0 50
5
6 10
HOA Living | MARCH, 2022
15
20
25
30
35
40
AB 1410 - Summary: Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowner’s separate property. That law, among other things, prohibits an association from restricting specified rights of a homeowner. These rights include the right to peacefully assemble, to invite public officials or other speakers to discuss matters of public interest, distributing literature related to common interest development living, and a homeowner’s right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowner’s right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest. This bill would prohibit the governing documents from restricting a homeowner’s right to use social media or other online resources to discuss specified issues even if the discussions are critical of the association or its governance. The bill would also prohibit the governing documents from restricting a homeowner’s right to rent or lease a portion of the homeowner occupied separate interest for more than 30 days, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest. This bill contains other related provisions and other existing laws. AB 1738 - Summary: Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the
California Building Standards Code. Existing law requires the Department of Housing and Community Development to propose to the commission for consideration mandatory building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings, as specified. Existing law requires the commission to adopt, approve, codify, and publish mandatory building standards for the installation of electric vehicle charging infrastructure for parking spaces in multifamily dwellings and nonresidential development. This bill would recast these provisions to instead require mandatory building standards for the installation of electric vehicle charging stations with Level 2 or direct current fast charger electric vehicle supply equipment, as defined, to be proposed by the Department of Housing and Community Development for the installation in existing multifamily dwellings, hotels, and motels, by the Division of the State Architect for the installation in existing school buildings, and by the commission for the installation in existing nonresidential buildings, as specified.This bill contains other related provisions and other existing laws.
AB 1754 - Summary: Existing law, the Debt Collection Licensing Act, provides for the licensure, regulation, and oversight of debt collectors by the Commissioner of Business Oversight. The act prohibits a person from engaging in the business of debt collecting in this state without a license and requires a licensee to comply with reporting, examination, and other oversight by the commissioner. Existing law defines a collection agency as a business entity through which a debt collector or an association of debt collectors engage in debt collection. Existing law requires a person applying for a license to, among other things, pay an application fee, sign the application under penalty of perjury, and submit to a criminal background check by the Department of Justice. This bill would revise the definition of a collection agency to additionally include a business entity that acts as a broker, forwarder, intermediary, or middleman that sends or refers repossession assignments or repossession orders to repossession agencies or repossession agents in California. By expanding the pool of applicants required to apply for a license under the act, this bill would expand the scope of the crime of perjury, thereby imposing a state-mandated local program. This bill contains other related provisions and other existing laws.
AB 1755 - Summary: Existing law creates the Department of Insurance to regulate the business of insurance. Existing law generally regulates classes of insurance, including homeowners’ insurance. Existing law prohibits an insurer, for one year after the declaration of a state of emergency, from canceling or refusing to renew a residential property insurance policy solely because the property is in an area in which a wildfire occurred. This bill would require an admitted insurer licensed to issue homeowners’ insurance policies to issue a policy to a homeowner who
has hardened their home against fire, regardless of the home’s location, on and after January 1, 2025, and would require an insurer to make conforming changes to its internet website and print materials on or before July 1, 2025. The bill would create the Wildfire Protection Grant Program, under which the department would be required to award grants of up to $10,000 each to help homeowners pay for costs associated with wildfire mitigation improvements. The bill would require the department to promulgate regulations to define home hardening for required issuance of homeowners’ insurance policies and to administer the Wildfire Protection Grant Program.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
51
AB 1780 - Summary: Existing law authorizes and regulates the formation and operation of a corporation, nonprofit public benefit corporation, nonprofit mutual benefit corporation, nonprofit religious corporation, or cooperative corporation. This bill would remove that prohibition and instead authorize the above-described corporations to hold meetings of shareholders at any place or no place, unless expressly prohibited by the articles of incorporation or bylaws, as may be stated in or fixed in accordance with the articles of incorporation or bylaws, or if not so stated or fixed, as determined by the board of directors. The bill would authorize the board, subject to any limitations in the articles or bylaws, to determine that the meeting may be conducted by electronic transmission by and to the corporation, as defined, electronic video screen communication, conference telephone, or other means of remote communication, as specified. The bill would make other conforming and clarifying changes. This bill contains other related provisions and other existing laws. AB 1837 - Summary: Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. Existing law, until January 1, 2026, prescribes a process in connection with a trustee’s sale of property under a power of sale contained in a deed of trust or mortgage on real property containing 1 to 4 residential units, inclusive. Under existing law, if a prospective owner-occupant, as defined, is the last highest bidder, the date upon which specified conditions required of the bidder at the trustee sale to become final are met. This bill would revise the process described above and extend its operation until January 1, 2031. The bill would revise the definition of an eligible tenant buyer to also describe natural people who are occupying property under a rental or lease agreement with a mortgagor’s or trustor’s predecessor
52
HOA Living | MARCH, 2022
in interest. The bill would also revise the definitions of an eligible nonprofit corporation and limited liability company for purposes of making them eligible bidders. The bill would expand affidavit and declaration requirements for eligible bidders if they are winning bidders to address new requirements that the bill would impose regarding the use of properties as affordable housing and the treatment of tenants following purchase. By extending the operation of the provisions described above, and by expanding the requirements for affidavits and declarations provided under penalty of perjury, the bill would expand the definition of a crime, thus imposing a state-mandated local program. This bill contains other related provisions and other existing laws. AB 1841 - Summary: Existing law, the Rosenthal Fair Debt Collection Practices Act, is intended to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts and to require debtors to act fairly in entering into and honoring those debts. This bill would make no substantive changes to those provisions. AB 1873 - Summary: The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, in an amount equal to
40% of the amount paid or incurred in qualified costs by a qualified taxpayer during the taxable year for the installation of specified electric vehicle supply equipment in a covered multifamily dwelling, subject to certain maximum credit amounts. The bill would define various terms for these purposes. The bill would repeal these provisions as of December 1, 2030. This bill contains other related provisions and other existing laws. AB 1976 - Summary: Existing law requires a city or county to adopt a comprehensive general plan, which must include a housing element. Existing law establishes a schedule for local governments to revise their housing element within specified timeframes. This bill would state the intent of the Legislature to enact legislation relating to housing enforcement. SB 869 - Summary: Existing law, the Mobilehome Residency Law, governs the terms and conditions of mobilehome park tenancies, including rental agreements between homeowners and the management of the mobilehome park and park rules and regulations. Existing law, the Mobilehome Parks Act, establishes requirements for the construction, maintenance, occupancy, use, and design of mobilehome parks. Existing law, the Recreational Vehicle Park Occupancy Law, governs the terms and conditions of recreational vehicle park tenancies. Existing law, the Special Occupancy Parks Act,
establishes requirements for the construction, maintenance, occupancy, use, and design of special occupancy parks. This bill would require the Department of Housing and Community Development, by January 1, 2024, to adopt regulations to require each person employed or acting under contract as an onsite manager or assistant manager, or otherwise acting in an onsite or offsite managerial capacity or role, on behalf of a mobilehome park, special occupancy park, or recreational vehicle park to receive appropriate training of at least 18 hours during the initial year and an unspecified number of hours of follow-up training each year thereafter on rules and regulations for the park, among other matters. This bill contains other related provisions. SB 897 - Summary: (1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement. This bill would increase the maximum height limitation that may be imposed by a local agency
on an accessory dwelling unit to 25 feet. This bill contains other related provisions and other existing laws. SB 909 - Summary: The California Financing Law (CFL) provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Financial Protection and Innovation and regulates the provision of consumer loans, as prescribed. The CFL defines the term “charges” to include and exclude certain things for purposes of regulating consumer loans. This bill would make a no substantive change to these provisions.
The trends that we are following from legislation around the country are:
1. 2.
3. 4.
There are many states that are looking at building guidelines based upon the Surfside, FL tragedy. Florida is looking at legislating that all HOA board members must be certified. Some states are looking at having the real estate departments regulate this. Many states are looking at legislating reserve studies as many states do not require this. ADUs are also being looked at and several clean up bills are in the pipeline.
The California Legislative Action Committee (CLAC) and our local
Legislative Support Committee (LSC) continue to monitor CA bills that may impact HOAs. In addition, we use the national CAI LAC public opinion positions to help our local legislators understand our position on various bills and encourage them to support those initiatives that we feel help our homeowners, and to gain their opposition for bills that adversely impact HOAs. The eight California CAI chapters support CLAC’s lobbying efforts in Sacramento through programs like the “Buck-ADoor” campaign where HOAs contribute one dollar for every household to CLAC. We encourage all HOAs to budget for this important advocacy effort.
Learn more about the Buck-A-Door campaign: CLICK HERE (https://issuu.com/ cai-cv/docs/5011_caicv_buckadoorbrochure2020_issuu?fr=sY2RkYzQ0Njk0ODM)
Learn more about CLAC: CLICK HERE (www.caiclac.com) Mike Traidman is a Director on the CAI-CV Board. He served as President of the Chapter for two years and currently serves as one of CAI-CV’s two CLAC Delegates. He is on the national CAMICB Board and serves as Chair of the Desert Cities HOA Council. Mike can be reached at mtraidman@yahoo.com.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
53
Your task list just got a whole lot shorter. [ And your weekends just got longer. ]
From changing a light bulb to remodeling your bathroom, pretty much you name it, Trust Maintenance and Contracting Services can handle your home task list and enhance your home ownership experience. Whether you need help at home, or for a seasonal house while you're away, let your task list become ours... and take your weekends back.
We are 100% employee-owned. That means that The Management Trust has an unrivaled 100% vested interest in your success. We are simply motivated to think differently. Our personal, think outside the box approach, combined with the resources of The Management Trust, create a truly unique formula for your success. Call us, we’d love to talk. But mostly, we’d love to listen.
1-888-645-9232
managementtrust.com Visit the link below to learn more about how we are Community Management. Built Differently. posts.gle/S5TJH 54
HOA Living | MARCH, 2022
How You Can Report Water Waste By CVWD Coachella Valley Water District appreciates anyone who sees and lets us know of water waste in our service area. CVWD staff investigates every report and provides technical assistance, as needed.
These are examples of common water waste you might see that you can report:
Don’t forget to save water indoors, too. Here are hints:
1.
1.
2. 3. 4. 5.
Water running off of property due to misplaced landscape irrigation Broken irrigation systems causing wasted water Washing a car without a shut-off device on the hose Watering outdoor landscape within 48 hours after measurable rainfall Using water to wash driveways, patios, parking lots, tennis courts and other hard-surface areas
Reporting water waste outdoors is one way you can help save water. Here are five simple habits you can embrace to conserve water outside your home:
1. 2. 3. 4. 5.
Put a layer of mulch around trees and plants Check for leaks in outside pipes, hose faucets, and couplings Use a broom to clean driveways, sidewalks and steps Convert your yard into a water-efficient landscape
2. 3 4.
Check your toilet for leaks Take shorter showers, install water-saving showerheads or flow restrictors Turn off water while shaving or brushing your teeth Use your dishwasher and washing machines for full loads only
5.
Don’t let the faucet run while you clean vegetables\ To report water waste fill out CVWD’s “Report Water Waste” form. Important details include time and day you saw the waste. You can attach a photo. Find the form here or log onto www.cvwd.org/waterwaste. You can also call 1-888-398-5008. Coachella Valley Water District is a public agency governed by a five-member board of treatment and reclamation services, regional storm water protection, groundwater management and water conservation. It serves approximately 108,000 residential and business customers across 1,000 square miles, located primarily in Riverside County, but also in portions of Imperial and San Diego counties.
Install a weather-based irrigation controller and visit cvwd. org/rebates for a free device
CAI-CV.org
facebook.com/CAICV
@CAI-CV
55
RID
AY,
AP
R
- CV
22
CAI
, 20
29
SP
R
MENT • F
IL
I
NG
L O G
NA R U O FT
N
UR
SE
SU TY
CO
CI PA
LM
DES
ERT - SA
NTA
R
A S O
FOURSOMES: $600 | SPONSORSHIPS AVAILABLE
SIGN UP ONLINE AT WWW.CAI-CV.ORG OR CALL 760-341-0559
56
HOA Living | MARCH, 2022
CVWD Project to Bring Flood Relief to North Indio By Coachella Valley Water Distric
C
oachella Valley Water District is continuing construction on a project that will protect homes and land in North Indio from regional flooding. The North Indio Regional Flood Control Project is a 2.5-mile long series of concrete flood-control channels. They will connect with existing channels starting in Sun City Palm Desert and take flows through North Indio to channels in Sun City Shadow Hills that connect to the Coachella Valley Stormwater Channel. By removing about 2,700 acres of land within North Indio from a FEMA designated Special Flood Hazard Area, area residents will no longer be required to obtain flood insurance. This is the largest project in CVWD history. At $110.2 million, this project has a projected completion date of summer 2024. The prime construction contractor is Sukut Construction, LLC. When completed, the North Indio project will allow for construction and connection of other stormwater facilities that will provide regional flood protection to Thousand Palms and north Cathedral City. Minimal to no interruptions in water service are expected. Typical construction hours are from 7 a.m. to 3: 30 p.m., Monday through Friday during the course of the project. Work schedule and hours could change due to emergencies, weather, and unexpected construction constraints. CVWD has initiated a comprehensive plan to notify residents and property owners about road closures, detours and any effects of the project on their property via postcards, notes, newsletters or door hangers.
For more information: • Go here for construction updates: cvwd.org/NorthIndio. • Sign up for alerts via email or text at cvwd.org/NorthIndio. • Leave a message with questions and comments at 760 392-4008. Calls will be returned as soon as possible. The Coachella Valley Water District is a public agency governed by a five-member board of directors. The district provides domestic and irrigation water, agricultural drainage, wastewater treatment and reclamation services, regional stormwater protection, groundwater management and water conservation. It serves approximately 108,000 residential and business customers across 1,000 square miles, located primarily in Riverside County, but also in portions of Imperial and San Diego counties.
CAI-CV.org
facebook.com/CAICV
@CAI-CV
57
BASIS OF ACCOUNTING KNOW YOUR REPORTS By Jeremy Newman, CPA
QUESTION: If three different accountants/bookkeepers sat down with the same data and transactions to process, would they prepare financial statements that look exactly the same?
ANSWER: Possibly but probably not.
REASON: Assuming each accountant is accurate and consistent, each may not account for transactions or activity in the same way. They may also set up their reports differently.
ASSESSMENT BILLING AND RECEIPTS EXAMPLE: Assume assessments of $100 per homeowner are billed to 50 homeowners on the first of November. Forty owners pay in full on the first of the month, ten owners don’t pay until after the end of the month. How does the basis of accounting represent the results of the transactions?
CASH BASIS Records only cash received. Assessment revenue recorded and presented in the income statement totals $4,000 (40 owners X $100). A receivable is not presented on a cash basis balance sheet. 58
HOA Living | MARCH, 2022
"Assuming each accountant is accurate and consistent, each may not account for transactions or activity in the same way. They may also set up their reports differently." ACCRUAL BASIS Records activity regardless of cash collection status. Assessment revenue recorded and presented in the income statement totals $5,000 (50 owners X $100). A receivable of $1,000 (10 owners X $100) is recorded on the balance sheet.
EXPENSE EXAMPLE: Assume landscape invoices for November totaling $2,000 are received from the vendor and paid in early December. What is the difference between cash and accrual accounting for November’s landscape expense?
CASH BASIS Using the cash basis, the accountant will record the $2,000 landscape expense in the month the check is cut and sent to the vendor. The expense will be recorded in December instead of November.
ACCRUAL BASIS Under the accrual basis, the bookkeeper will account for the $2,000 November landscape invoice in November by accruing the expense in accounts payable.
NOVEMBER INCOME STATEMENT COMPARISON USING BOTH EXAMPLES: You can clearly see the different results presented under the cash and accrual bases of accounting. Know how your financials are presented so you can continue to make great decisions.
FULL ACCOUNTING AND KNOWLEDGE We believe the accrual basis of accounting provides associations and readers of financial statements with a more complete and accurate representation. Basis of Accounting – Know your Reports is the 6th article in our Reading Financial Statements Series© by Jeremy Newman, CPA. You can reach Jeremy at (760) 206-4448 or by email at jeremy@hoacpa.com. More information about Newman Certified Public Accountant PC can be found at their website at www.hoacpa.com.
2022 CAI-CV EDUCATION 2022 Educational Lunch Programs & Mini Trade Shows (In Person) Managers receive one continuing education unit (1 CEU) for each class. March 18, 2022, 11:30 AM (Friday) TOPIC: Solar Energy Systems (Omni Rancho Las Palmas) April 22, 2022, 11:30 AM (Friday) TOPIC: Irrigation Issues - Latest Tech for Drought Management (Palm Valley) May 20, 2022, 11:30 AM (Friday) TOPIC: Pool Issues - A Deeper Dive (Sun City Palm Desert) June 17, 2022, 11:30 AM (Friday) New Tech, Solar & Electric Vehicles (Palm Valley) July 22, 2022, 11:15 AM (Friday) TOPIC: Budgeting Beyond the Basics (Sun City Palm Desert) August 19, 2022, 11:30 AM (Friday) TOPIC: Labor Law & Hiring Challenges (Sun City Palm Desert) September 16, 2022, 11:30 AM (Friday) TOPIC: Signs, Flags, Decor and More! (Sun City Palm Desert) October 21, 2022, 11:30 AM (Friday) TOPIC: Legislative Update (Sun City Palm Desert) November 18, 2022, 11:30 AM (Friday) TOPIC: Compliance with Governing Documents (Sun City Palm Desert) December 16, 2022, 11:30 AM (Friday) TOPIC: Ask the Attorneys (Palm Valley)
Homeowner Leader Education BOARD MEMBER WORKSHOPS (Virtual in January/February) TUESDAYS, 9:00 A.M. TO 10:00 A.M. March 4, 2022 - Analyzing Reserve Studies April 5, 2022 - Supporting Amenities May 10, 2022 - Proactive vs Reactive June 7, 2022 Best Practice Conduct for Meetings July 12, 2022 Fiduciary Duties for Board vs Manager August 9, 2022 Developer Transition Issues September 6, 2022 Annual Insurance Review October 4, 2022 Dealing with Difficult People November 1, 2022 Healthy Internal Clubs and Committees December 6, 2022 - Landscaping Pitfalls
Desert Cities HOA Council DESERT CITIES HOA COUNCIL All Valley Meetings (via Zoom) THURSDAYS, 10:00 A.M. TO 12:00 P.M. March 17, 2022 Landscape Conversion Cost Analysis April 21, 2022 Make Your Community the Best May 19, 2022 - Chaos and Politics in HOAs June 16, 2022 Managing Increasing Costs for Utilities July - Dark August – Dark September 15, 2022 Budgeting and Reserves October 20, 2022 Insurance – Finding the Proper Coverage November 17, 2022 HOA Legislative Review December – Dark
MANAGER EDUCATION (Virtual in January/February) Managers receive one continuing education unit (1 CEU) for each class. Classes will be virtual. March 4, 2022, 9:00 AM (Friday) TOPIC: Analyzing Reserve Studies April 1, 2022, 9:00 AM (Friday) TOPIC: Analyzing Reserve Studies May 6, 2022, 9:00 AM (Friday) TOPIC: Creating a Positive HOA Lifestyle June 3, 2022, 9:00 AM (Friday) TOPIC: Annual Insurance Review July 8, 2022, 9:00 AM (Friday) TOPIC: Fair Housing Rules & Difficult People August 5, 2022, 9:00 AM (Friday) TOPIC: Debt Collections September 2, 2022, 9:00 AM (Friday) TOPIC: Professional Dress & Conduct October 7, 2022, 9:00 AM (Friday) TOPIC: Fiduciary Duties for Board vs Manager November 4, 2022, 9:00 AM (Friday) TOPIC: Rules Enforcement December 2, 2022, 9:00 AM (Friday) TOPIC: Planning HOA Meetings
CAI-CV.org
facebook.com/CAICV
@CAI-CV
59
2022 CALENDAR
KEY: HOLIDAYS = RED CEU = GREEN COMMITTEE MEETINGS = BLUE
COMMITTEE TIMES
Awards Committee ...............................................12:00 PM Bowling Committee ..............................................12:00 PM Business Partner Committee ................................12:00 PM Education Committee ...........................................12:00 PM Golf Committee ....................................................12:00 PM Homeowner Leader Committee ..............................8:30 AM LSC Committee ....................................................12:00 PM Membership Committee .........................................3:30 PM Oktoberfest Committee ........................................12:00 PM PR & Communications Committee ........................12:00 PM Professional Managers Committee .........................3:30 PM Programs Committee .............................................4:00 PM HOA Living Committee .........................................12:00 PM Volunteer Committee ............................................12:00 PM Wine Tasting Committee .........................................3:30 PM
MARCH Tuesday Wednesday Wednesday Thursday Friday Monday Monday Tuesday Tuesday Tuesday Wednesday Wednesday Friday Monday Tuesday Wednesday Thursday Friday
Educated Business Partner Course HOA Living Committee Professional Managers Committee Awards Committee MOTR/BMW Programs Committee PR & Communications Committee Homeowner Leader Committee Business Partner Committee Membership Committee Education Committee Wine Tasting Committee Meet the Management Companies Golf Committee Bowling Committee Oktoberfest Committee DCHC All Valley Meeting Educational Program & Mini Trade Show (CEU) Monday 21, 23, 25 CID Law Course (CEU) Wednesday 23 Volunteer Committee Tuesday 29 Executive Committee & CAI-CV Board Meeting Thursday 31 Legislative Support Committee
APRIL Friday Monday Monday Tuesday Wednesday Wednesday Thursday Thursday Thursday Monday Tuesday Tuesday Tuesday Wednesday Wednesday Tuesday
1 2 2 3 4 7 7 8 8 8 9 9 11 14 15 16 17 18
1 4 4 5 6 6 7 7 10 11 12 12 12 13 13 19
Manager On The Run (MOTR)(CEU) Programs Committee PR & Communications Committee Board Member Workshop (BMW) HOA Living Committee Professional Managers Committee Awards Committee Scholarship Social DCHC All Valley Meeting Golf Committee Homeowner Leader Committee Business Partner Committee Membership Committee Education Committee Wine Tasting Committee Bowling Committee
Tuesday
19
Wednesday 20 Friday 22 Tuesday
26
Wednesday 27 Thursday 28 Friday 29
MAY
Tuesday 3 Wednesday 4 Wednesday 4 Wednesday 4-7 Friday 6 Monday 9 Monday 9 Tuesday 10 Tuesday 10 Tuesday 10 Wednesday 11 Wednesday 11 Thursday 12 Friday 13 Friday 13 Friday 13 Monday 16 Tuesday 17 Wednesday 18 Thursday 19 Friday 20 Wednesday Thursday Monday Tuesday
JUNE Wednesday Wednesday Thursday Friday Monday Monday Tuesday Wednesday Wednesday Thursday Thursday Monday Tuesday Tuesday Tuesday Wednesday Friday
25 26 30 31
1 1 2 3 6 6 7 8 8 9 10 13 14 14 14 15 17
Tuesday 21 Wednesday 22
CAI’s Virtual Legislative Week in Sacramento Oktoberfest Committee Educational Program & Mini Trade Show (CEU) Executive Committee & CAI-CV Board Meeting Volunteer Committee Legislative Support Committee Annual Golf Tournament
Homeowner Leader Committee HOA Living Committee Professional Managers Committee CAI National Conference (CEU) Manager On The Run (MOTR)(CEU) Programs Committee PR & Communications Committee Board Member Workshop (BMW) Business Partner Committee Membership Committee Education Committee Wine Tasting Committee Awards Committee CAM Day (CEU) CMCA Review PCAM Social Golf Committee Bowling Committee Oktoberfest Committee DCHC All Valley Meeting Educational Program & Mini Trade Show (CEU) Volunteer Committee Legislative Support Committee Memorial Day Executive Committee & CAI-CV Board Meeting
HOA Living Committee Professional Managers Committee Awards Committee Manager On The Run (MOTR)(CEU) Programs Committee PR & Communications Committee Board Member Workshop (BMW) Education Committee Wine Tasting Committee CAI-CV Comedy Night DCHC All Valley Meeting Golf Committee Homeowner Leader Committee Business Partner Committee Membership Committee Oktoberfest Committee Educational Program & Mini Trade Show (CEU) Bowling Committee Volunteer Committee
ABBREVIATIONS CAM – Community Association Manager CEU – Continuing Education Units (for managers) CID – Common Interest Development (HOA) CLAC – California Legislative Action Committee CMCA – Certified Manager of Community Associations DCHC – Desert Cities HOA Council LSC – Legislative Support Committee PCAM – Professional Community Association Manager PR – Public Relations
60
HOA Living | MARCH, 2022
2022 CALENDAR
KEY: HOLIDAYS = RED CEU = GREEN COMMITTEE MEETINGS = BLUE Friday Tuesday
24 28
Thursday
30
JULY
Monday Tuesday Wednesday Wednesday Thursday Friday Monday Monday Tuesday Tuesday Tuesday Wednesday Wednesday Monday Tuesday Wednesday Friday
4 5 6 6 7 8 11 11 12 12 12 13 13 18 19 20 22
Tuesday
26
Wednesday 27 Thursday 28
AUGUST Monday Monday Tuesday Wednesday Wednesday Thursday Friday Monday Tuesday Tuesday Tuesday Wednesday Wednesday Tuesday Wednesday Friday
1 1 2 3 3 4 5 8 9 9 9 10 10 16 17 19
Wednesday 24 Thursday 25 Tuesday 30
Annual Bowling Tournament Executive Committee & CAI-CV Board Meeting Legislative Support Committee Independence Day Homeowner Leader Committee HOA Living Committee Professional Managers Committee Awards Committee Manager On The Run (MOTR)(CEU) Programs Committee PR & Communications Committee Board Member Workshop (BMW) Business Partner Committee Membership Committee Education Committee Wine Tasting Committee Golf Committee Bowling Committee Oktoberfest Committee Educational Program & Mini Trade Show (CEU) Executive Committee & CAI-CV Board Meeting Volunteer Committee Legislative Support Committee
Programs Committee PR & Communications Committee Homeowner Leader Committee HOA Living Committee Professional Managers Committee Awards Committee Manager On The Run (MOTR)(CEU) Golf Committee Board Member Workshop (BMW) Business Partner Committee Membership Committee Education Committee Wine Tasting Committee Bowling Committee Oktoberfest Committee Educational Program & Mini Trade Show (CEU) Volunteer Committee Legislative Support Committee Executive Committee & CAI-CV Board Meeting
SEPTEMBER Thursday Friday Monday Tuesday Wednesday Wednesday Monday Monday Tuesday
1 2 5 6 7 7 12 12 13
Awards Committee Manager On The Run (MOTR)(CEU) Labor Day Board Member Workshop (BMW) HOA Living Committee Professional Managers Committee Programs Committee PR & Communications Committee Homeowner Leader Committee
Tuesday Tuesday Wednesday Wednesday Thursday Friday
13 13 14 14 15 16
Monday Tuesday Wednesday Thursday Friday Tuesday
19 20 21 22 23 27
Wednesday 28 Thursday 29
Wednesday Thursday Thursday Friday
Oktoberfest Committee DCHC All Valley Meeting Legislative Support Committee Educational Program & Mini Trade Show (CEU) Wednesday 23 Volunteer Committee Thur-Fri 24-25 Thanksgiving Tuesday 29 Bowling Committee
Business Partner Committee Membership Committee Education Committee Wine Tasting Committee DCHC All Valley Meeting Educational Program & Mini Trade Show (CEU) Golf Committee Bowling Committee Oktoberfest Committee Scholarship Social CAI Employment Fair Executive Committee & CAI-CV Board Meeting Volunteer Committee Legislative Support Committee
DECEMBER
OCTOBER
Monday Monday Tuesday Wednesday Wednesday Thursday Friday Monday Tuesday Tuesday Tuesday Wed-Sat
3 3 4 5 5 6 7 10 11 11 11 12-15
Monday Tuesday Wednesday Wednesday Wednesday Thursday Friday
17 18 19 19 19 20 21
Tuesday
25
Wednesday 26 Thursday 27 Friday 28
Programs Committee PR & Communications Committee Board Member Workshop (BMW) HOA Living Committee Professional Managers Committee Awards Committee Manager On The Run (MOTR)(CEU) Columbus Day Homeowner Leader Committee Business Partner Committee Membership Committee Legal Forum & CID Law Course (CEU) Golf Committee Bowling Committee Education Committee Wine Tasting Committee Oktoberfest Committee DCHC All Valley Meeting Legislative Update & Mini Trade Show (CEU) Executive Committee & CAI-CV Board Meeting Volunteer Committee Legislative Support Committee Oktoberfest Event
NOVEMBER Tuesday Tuesday Tuesday Wednesday Wednesday Wednesday Thursday Friday Monday Monday Wednesday Wednesday Friday Monday Tuesday
1 1 1 2 2 2 3 4 7 7 9 9 11 14 15
16 17 17 18
Board Member Workshop (BMW) Business Partner Committee Membership Committee HOA Living Committee Professional Managers Committee Homeowner Leader Committee Awards Committee Manager On The Run (MOTR)(CEU) Programs Committee PR & Communications Committee Education Committee Wine Tasting Committee Corks for CLAC Wine Tasting Golf Committee Executive Committee & CAI-CV Board Meeting
Thursday Friday Monday Monday Tuesday Tuesday Tuesday Wednesday Wednesday Wednesday Friday Monday Tuesday
1 2 5 5 6 6 6 7 7 7 9 12 13
Wednesday 14 Wednesday 14 Friday 16 Tuesday Wednesday Monday Wednesday Thursday
20 21 26 28 29
Awards Committee Manager On The Run (MOTR)(CEU) Programs Committee PR & Communications Committee Board Member Workshop (BMW) Business Partner Committee Membership Committee HOA Living Committee Professional Managers Committee Homeowner Leader Committee Holiday Golf Tournament Golf Committee Executive Committee & CAI-CV Board Meeting Education Committee Wine Tasting Committee Educational Program & Mini Trade Show (CEU) Bowling Committee Oktoberfest Committee Christmas Volunteer Committee Legislative Support Committee
JANUARY Monday Tuesday Wednesday Wednesday Thursday Monday Monday Tuesday Tuesday Wednesday Wednesday Friday Monday Tuesday Tuesday Wednesday Friday
2 3 4 4 5 9 9 10 10 11 11 13 16 17 17 18 20
Monday Wednesday Thursday Friday Tuesday
23 25 26 27 31
New Year’s Day Homeowner Leader Committee HOA Living Committee Professional Managers Committee Awards Committee Programs Committee PR & Communications Committee Business Partner Committee Membership Committee Education Committee Wine Tasting Committee Manager On The Run (MOTR)(CEU) Martin Luther King Day Board Member Workshop (BMW) Bowling Committee Oktoberfest Committee Educational Program & Mini Trade Show (CEU) Golf Committee Volunteer Committee Legislative Support Committee 2022 Annual Awards Event Executive Committee & CAI-CV Board Meeting
ABBREVIATIONS CAM – Community Association Manager CEU – Continuing Education Units (for managers) CID – Common Interest Development (HOA) CLAC – California Legislative Action Committee CMCA – Certified Manager of Community Associations DCHC – Desert Cities HOA Council LSC – Legislative Support Committee PCAM – Professional Community Association Manager PR – Public Relations
CAI-CV.org
facebook.com/CAICV
@CAI-CV
61
Building Relationships
PAINTING SERVICES
Lighting Maintenance Service Repair Work Commercial, Industrial, & Residential Projects New Construction & Remodel
62
760-507-9980
www.ivansptng.com
ivan@ivansptng.com
84439 Da Vinci Dr Coachella CA 92236
HOA Living | MARCH, 2022
Contact: Linda Johnson linda@sunkingelectric.com | 760-898-1388
CREATIVE | BRAND | STRATEGY WORKING WITH YOU TO CREATE EFFECTIVE DESIGN SOLUTIONS
ADVANCED RESERVE SOLUTIONS, INC. Proud to be a part of the (714) 293-3749 award winning CAI- ROXI K. BARDWELL, PCAM, CCM CV team! BissellDesign.com Regional Vice President 7 7 - 5 64 B Country Club Drive, Suite 3 1 0 Palm Desert, CA 9 2 2 1 1
C 510.693.1620 • O 760.295.1864
ADVANCED RESERVE SOLUTIONS, INC. Ph.R (760) • (760) 771-1656 • (760) 323-4669 OXI341-7770 K. BARDWELL , PCAM, CCM Fax (760) 341-2290 • www.powerfulpestmanagement.com Regional Vice President Email - powerfulpest@dc.rr.com
•Landscape Management •Arbor Service •Landscape Design
7 7 - 5 6 4 B C o u n t r y C l u b Drive, Suite 3 1 0 FAST COURTEOUS PROFESSIONAL SERVICE Palm Desert, CA 9 2 2 1 1 YOUR PEST WON’T KNOW WHAT HIT’EM
C 510.693.1620 • O 760.295.1864
•Landscape & Hardscape Installation •Water Conservation Specialist •Growers of Exotic Palms & Desert Accents
We value and respect your landscaping investment and are dedicated to you and your satisfaction.
Phone: 760- 343-0162 • Fax: 760-343-4804 P.O. BOX 265 Thousand Palms CA 92276 Email: office@proland-inc.com
www.prolandscapingca.com
ADVANCED RESERVE SOLUTIONS, INC. ROXI K. BARDWELL, PCAM, CCM Regional Vice President 7 7 - 5 6 4 B C o u n t r y C l u b Drive, Suite 3 1 0 Palm Desert, CA 9 2 2 1 1
C 510.693.1620 • O 760.295.1864 CAI-CV.org
facebook.com/CAICV
@CAI-CV
63
75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211
CAI-CV UPCOMING EVENTS
SIGN UP FOR LOCAL EVENTS AT CAI-CV.ORG AND FOR CAI NATIONAL EVENTS AT CAIONLINE.ORG
MARCH
APRIL
CAI-CV’s Manager on the Run (MOTR) & Board Member Workshop (BMW) Combined
CAI-CV’s Manager on the Run
(For managers, assistant managers, and board members)
TOPIC: Analyzing Reserve Studies WHEN: Friday, March 4, 2022, 8:30 a.m. WHERE: Virtual via Zoom
(For managers and assistant managers)
WHEN: Friday, April 1, 2022, 8:30 a.m. WHERE: Virtual Via Zoom
CAI-CV’s Board Member Workshop (BMW) (For board members)
CAI-CV’s Meet the Management Companies
WHEN: Tuesday, April 5, 2022, 9:00 a.m. WHERE: Virtual Via Zoom
(For all members)
WHEN: Friday, March 11, 2022, 4:00 p.m. WHERE: The Classic Club, Palm Desert
CAI-CV’s Scholarship Social (For all members)
Desert Cities HOA Council (For board members)
Congratulations to CAI-CV PresidentElect Julie Balbini, Esq., from Fiore Racobs & Powers, A PLC, and husband, Francesco, for the birth of their daughter, Alessandra Rosa Balbini, who was born on January 15, 2022, and is healthy and enjoying being home with mom, dad, brother Leonardo, and grandma Rosa. Congratulations to CAI-CV President Clint Atherton, PCAM, for earning CAI’s Large Scale Manager (LSM) designation in February. Clint is the GM for Sun City Palm Desert. Congratulations to Barbara Dugan, CMCA, from Millennium Community Management, for earning her Association Management Specialist (AMS) designation from CAI.
CLICK ON EVENTS TO SIGN UP
WHEN: Thursday, March 17, 2022, 10:00 a.m. WHERE: Virtual Via Zoom (contact: Tammy_walls@yahoo.com)
CAI-CV’s Educational Lunch Program & Mini Trade Show (For all members) (IN-PERSON)
TOPIC: Solar Energy Systems WHEN: Friday, March 18, 2022, 11:30 a.m. WHERE: Omni Rancho Las Palmas Resort & Spa, Rancho Mirage (NEW LOCATION) CAI’s CID Law Course (For all members)
WHEN: Monday, Wednesday, Friday, March 21, 23, 25, 2022 (mornings) WHERE: Virtual Via Zoom (sign up at www.cai-glac.org) CAI-CV’s Corks for CLAC Wine Tasting (Moved to Friday, November 11, 2022)
WHEN: Thursday, April 7, 2022, 5:30 p.m. WHERE: La Quinta Brewery, Palm Desert
CAI’s Virtual Legislative Week in Sacramento (For all members)
WHEN: Tuesday, April 19, 2022, 11:30 a.m. (Meetings with Coachella Valley Reps.) WHERE: Virtual Via Zoom CAI-CV’s Educational Lunch Program & Mini Trade Show (For all members) (IN-PERSON)
TOPIC: Irrigation Issues - Latest Tech for Drought Management WHEN: Friday, April, 22, 2022, 11:30 a.m. WHERE: Palm Valley Country Club Desert Cities HOA Council (For board members)
WHEN: Thursday, April 21, 2022, 10:00 a.m. WHERE: Virtual Via Zoom (contact: Tammy_walls@yahoo.com) CAI-CV’s Annual Spring Golf Tournament
Sponsorships Now Available for In-Person Events
(For all members)
WHEN: Friday, April 29, 2022 WHERE: Sun City Palm Desert, Santa Rosa Course
MAY
Go to www.cai-cv.org, Store
CAI National Conference (For all members)
2022 Marketing Plan CLICK HERE
WHEN: Wednesday, May 4 – Saturday, May 7, 2022 WHERE: Rosen Shingle Creek, Orlando, Florida
WATCH FOR THE CAI-CV MONDAY UPDATE WITH ALL EVENTS AND PROGRAMS
CORPORATE SPONSORS TITANIUM
AMS Paving, Inc.
Associa Desert Resort Management C. L. Sigler & Associates, Inc. Conserve LandCare Fiore Racobs & Powers, A PLC Gardner Outdoor and Pool Remodeling International Paving Services Inc. Prendiville Insurance Agency
PLATINUM
Newman Certified Public Accountant PC Pacific Western Bank
GOLD
SILVER
BRONZE
BRS Roofing Inc.
Accurate Termite & Pest Control
CiD Consortium, LLC
CIT Bank
Alliance Association Bank
Delphi Law Group, LLP
EmpireWorks Reconstruction and Painting
Cooper Coatings INC
Diversified Asphalt Products
Vintage Associates, Inc.
DSI Security Services
Epsten, APC Flood Response Nissho of California, Inc. Patrol Masters, Inc. Vantage Point Construction, Inc.
Dunn-Edwards Corporation PatioShoppers, Inc. Popular Association Bank