2023 November HOA Living Magazine by CAI-Coachella Valley Chapter

NOVEMBER 2023

MAGA ZINE

COMMUNITY ASSOCIATIONS INSTITUTE | COACHELLA VALLEY CHAPTER

21 CAI-CV ANNUAL LEGISLATIVE UPDATE 11:00 a.m. Friday, November 10, 2023 Sun City Palm Desert

CAI-CV 2024 MARKETING PLAN

FEATURES

10 Support Federal Condo

Safety Legislation CLAC Update CLAC Buck A Door – Stop Bad Legislation Now 28 New Anti-Laundering Law to Affect Homeowners Associations 35 Is Your HOA a Best Practice Community? 12 15

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NEW AND RENEWING MEMBERS NEW BUSINESS PARTNERS CSI CEJA SECURITY INTERNATIONAL Mr. Ozzie Ceja (760) 610-4300 ozzie72@ymail.com CURBRITE ADDRESSING SERVICES Mr. Timothy Major (562) 481-4451 timmajor@curbrite.com

RENEWING BUSINESS PARTNERS BPR, INC. Mr. Thomas Edelson (855) 804-7336 thomas@bpr1.com BRABO & CARLSEN, LLP Mr. Wayne Carlsen (760) 320-0848 wayne@brabo-carlsen.com DUNN-EDWARDS CORPORATION Ms. Jessica Seitz (562) 760-9969 jessica.seitz@dunnedwards.com FENTON GRANT KANEDA & LITT, LLP Ms. Kathryn Diane Krupp (949) 435-3800 kkrupp@fentongrant.com FLANAGAN LAW, APC Mr. Tim Flanagan, Esq. (619) 489-3100 leslie@flanaganhoalaw.com LAW OFFICE OF JENNIFER JAMES, ESQ. Ms. Jennifer James (760) 702-7929 jennifer@jenniferjameslaw.com M & M SWEEPING, INC. Mr. Richard W. Juge, III (760) 343-3003 rich@mandmsweeping.com MARTIN SWEEPING/PRESSURE WASHING Ms. Jasmine Garrison (760) 200-9510 jasmine@martinsweeping.com REY INSURANCE SERVICES, INC. Mr. Mike Rey (949) 468-5141 Mike@MReyIns.com SIGN-A-RAMA Mr. Jeff Grady (760) 776-9907 jeff@pdsignarama.com THE SHERWIN-WILLIAMS COMPANY Ms. Alison LeBoeuf alison@primecoconstruction.com (760) 636-3438 WICR WATERPROOFING & CONSTRUCTION Mr. Sean Krubinski (888) 388-9427 sean@wicr.net 4

HOA Living | NOVEMBER, 2023

NEW MANAGEMENT COMPANY MEMBER ACTION PROPERTY MANAGEMENT, INC. Mr. Robert Dishman, CMCA (949) 450-0202 rdishman@actionlife.com

NEW MANAGER MEMBERS FIRSTSERVICE RESIDENTIAL Michael James (760) 323-3008 Michaelj100@yahoo.com Jennifer McCully (760) 323-3008 (101) Jennifer.McCully@fsresidential.com SEABREEZE MANAGEMENT COMPANY, INC. Ms. Lynette Francis (404) 432-9258 lynette.francis@seabreezemgmt.com SUN CITY PALM DESERT Mr. Erik John Stacklie (760) 200-2251 erik.stacklie@scpdca.com WHITESTAR MANAGEMENT Karina Franco (760) 773-0123 (110) Karina@whitestarmgmt.com Miss Michaela Morgan (760) 773-0123 (101) michaela@whitestarmgmt.com

RENEWING MANAGER MEMBERS

Mrs. Sue Sweeney, CMCA, AMS, LSM, PCAM (760) 507-5709 thomasandsueare@yahoo.com

ALBERT MANAGEMENT CORPORATION Mr. Kyle Albert (760) 346-9000 kyle.albert@albertmgt.com Mrs. Jenny Valeria Covert, CMCA (760) 673-6499 jennycovert9195@gmail.com CAI COACHELLA VALLEY CHAPTER Mr. Callen Lockett, CMCA (760) 341-0559 CLockett@cai-cv.org DESERT RESORT MANAGEMENT ASSOCIA Mrs. Brooke Ancheta, CMCA, AMS (760) 346-1161 bancheta@drminternet.com Ms. Maryann Hoss, CMCA, AMS (760) 346-1161 mhoss@drminternet.com Ms. Stacey Lynn Lippert (760) 346-1161 slippert@drminternet.com Mrs. Marne Logan (760) 346-1161 mlogan@drminternet.com

Mr. Anthony Natividad (760) 346-1161 anatividad@drminternet.com Ms. Gretchen L. Redewill, CMCA, AMS (760) 702-6241 gredewill@drminternet.com Ms. Synthia F. Salazar, CMCA, AMS (760) 775-7752 synthia.salazar@drminternet.com Ms. Norma Segura (760) 346-1161 nsegura@drminternet.com Ms. Holly Smith, CMCA, AMS, PCAM (909) 521-6829 hsmith@drminternet.com Ms. Meranda Valencia (760) 346-1161 mvalencia@drminternet.com OUTDOOR RESORT PALM SPRINGS OWNERS ASSOCIATION Mrs. Jennifer Miranda (760) 328-3834 (300) jenefermiranda@gmail.com POWERSTONE PROPERTY MANAGEMENT Mrs. Ashley Herrera (760) 797-7797 aherrera@powerstonepm.com PREMIER COMMUNITY ASSOCIATION MANAGEMENT Ms. Barbara Dugan, CMCA, AMS (760) 880-4166 bdugan@brcpcam.com Ms. Rhonda Drews, AMS, PCAM (760) 673-8545 rdrews@brcpcam.com PROFESSIONAL COMMUNITY MANAGEMENT Ms. Latesha McGee (951) 359-2840 latesha.mcgee@associa.us SEABREEZE MANAGEMENT COMPANY, INC. Ms. Loni Renee Peterson, CMCA, AMS, PCAM (951) 204-0334 loni.peterson@seabreezemgmt.com SUN CITY PALM DESERT Ms. Mindy Pastion (760) 296-9961 mindy.pastion@hotmail.com SUNRISE COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. Mr. Hale Kelly (760) 328-6549 hkelly@sunrisecountryclub.com THE MANAGEMENT TRUST, DESERT REGION Mr. Daniel Randles, CMCA (951) 492-8227 dprandles@gmail.com WHITESTAR MANAGEMENT Mr. John S. McGara, CMCA (602) 540-9643 John@whitestarmgmt.com

NEW HOMEOWNER LEADER MEMBERS

Ms. Eileen Wynne

ALMAR ACRES ASSOCIATION, INC. Ms. Suzi Balestra Mr. Steven Daneman Ms. Sharon Doumitt Mr. Henry Lopez Ms. Rita Mason Ms. Robin Miles Ms. Linda Sarbiewski CANYON SANDS HOMEOWNERS ASSOCIATION Mr. Kevin Carr Mr. John Kirchdoefer Mr. Randy Quebec Ms. Cathy Wolff HIGHLAND SPRINGS COUNTRY CLUB HOMEOWNERS ASSOCIATION Ms. Bonnie Landa Mr. Mike Rodriguez Mr. Kevin Tariske

RENEWING HOMEOWNER LEADER MEMBERS

Ms. Marcie Maxwell Mr. Robert Jaworski

CAI COACHELLA VALLEY CHAPTER Mr. Callen Lockett, CMCA (760) 341-0559 CLockett@cai-cv.org HIGHLAND SPRINGS COUNTRY CLUB HOMEOWNERS ASSOCIATION Mr. Lee Fashempour Ms. Ruth Jetmore Ms. Rosemarie Peterson Ms. Colleen Satragni Mr. Don Stuart Ms. Rhea Weber MOUNTAIN VILLAS HOA Ms. Shelly Anderson Ms. Leslie Gail Boeckel Ms. Laura Luciano Ms. Lisa Olson Ms. Karen Powell Mr. Greg R. Sofos POLO CLUB MAINTENANCE ASSOCIATION Ms. Sue Anderson Mr. Joe Ferris Ganem, III Ms. Louise Matheus Mrs. Pam Michno Mrs. Karen Shaer Mr. Shawn Stoller Ms. Cherrie Wallace THE ENCLAVE AT LAS COLINAS, INC. Mr. Art Gonzalez Mr. Erik Hernandez Mr. James Leighty Mr. Daniel Stafanis Ms. Emily Truman

2023 HOA LIVING MAGAZINE COMMITTEE MEMBERS MEAGHAN GAFFNEY-HOWE, CMCA, AMS CHAIR The Gaffney Group, Inc.

RODNEY BISSELL, CO-CHAIR

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JENNIFER JAMES, ESQ. BOARD LIAISON HOA Legal Services

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FEATURES

BRIAN BERCE

Support Federal Condo Safety Legislation

SIERRA CARR, CMCA, AMS, CCAM, PCAM

CLAC Update

New Anti-Laundering Law to Affect Homeowners Associations

Golden Alliance Insurance Associa Desert Resort Management

GREG GRITTERS

Vintage Landscape

GLENN A. MILLER, CGCS

Southwest Landscape & Maintenance, LLC

By Alison M. Greiner, Esq.

JAMIE PRICER

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JASON SAVLOV, ESQ.

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Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749 ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION HOALiving@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.

By CAI-CV’s Homeowner Leader Committee

CAI-CV Annual Awards Night – DISCO

CAI-CV Tiki Tee Time Happy Hour Golf

CAI-CV Annual Legislative Update

CAI-CV Sips & Shots Corks for CLAC Wine & Tequila Tasting

Community Association Financial Services

CREATIVE DIRECTOR & GRAPHIC DESIGNER

Is Your HOA a Best Practice Community?

UPCOMING EVENTS

STEVEN SHUEY, PCAM

Personalized Property Management (Ret.)

By Dawn M. Bauman, CAE

Friday, January 26, 2024, Agua Caliente Casino & Spa Thursday, November 16, 2023, Shadow Mountain Golf Club Friday, November 10, 2023, Sun City Palm Desert

Friday, December 1, 2023, Shields Date Garden, Indio

Manager on the Run and Board Member Workshop Ask the Attorney Friday, December 1, 2023, Shields Date Garden, Indio

PAST EVENT PHOTOS & SPONSORS 22

CAI-CV Educational Breakfast Program

CAI-CV Oktoberfest

October 13, 2023 - Dealing With Anger & De-escalating Dangerous and Contentious Situations Friday, October 20, 2023, Sunshine Landscape CAI-CV.org

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Choose Educated Business Partners

Julie R. Balbini, Esq., Fiore Racobs & Powers, A PLC Micha Ballesteros, Cartwright Termite & Pest Control, Inc. Roxi K. Bardwell, Advanced Reserve Solutions, Inc. Rodney Bissell, Bissell Design Studios, Inc. Kimberly Burnett, DSI Security Services Gary Butler, Asphalt MD's Linda Cardoza, Alliance Association Bank Will Cartwright, Cartwright Termite & Pest Control, Inc. Todd Chism, PatioShoppers 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. Jennifer James, Esq., HOA Legal Services Erin Kelly, Pacific Western Bank Megan Kirkpatrick, Kirkpatrick Landscaping Services Jared Knight, Vista Paint Corporation Katy Krupp, Fenton Grant Mayfield Kaneda & Litt, LLP Matt Lawton, CIC, CIRMS, Prendiville Insurance Agency Larry Layton, Kirkpatrick Landscaping Services Alison LeBoeuf, Sherwin-Williams Mike Mastropietro, OCBS, Inc. Chris Meyer, Asphalt MD's Greg Morrow, Eagle Roofing Products Fran Mullahy, Conserve LandCare Bridget Nigh, BEHR Paints 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, First Citizens Bank

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

HOA Living | NOVEMBER, 2023

2023 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS PRESIDENT JULIE BALBINI, ESQ.

CAI-CV

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Managing Attorney, CV Office, Fiore Racobs & Powers, A PLC

PRESIDENT-ELECT ERIN KELLY

AVP, HOA Senior Manager Pacific Western Bank

SECRETARY BG (RET) GUIDO PORTANTE

Director, Mira Vista at Mission Hills HOA CAI-CV

EDUCATED BUSINESS PARTNER

TREASURER JOLEN ZEROSKI, CMCA

VP, Regional Account Executive First Citizens Bank

DIRECTOR CLINT ATHERTON, PCAM

General Manager, Sun City Palm Desert

DIRECTOR MARK DODGE, CMCA, AMS

Branch President & CEO Associa Desert Resort Management (DRM) CAI-CV

EDUCATED BUSINESS PARTNER

DIRECTOR JENNIFER JAMES, ESQ.

Attorney, HOA Legal Services

DIRECTOR BRUCE LATTA, CMCA

DEPARTMENTS

SECURITY 14 Smart Technology Solutions: Enhancing Association Security By Christopher Bair

WATER 33 Caught in a Holiday FOG

By Coachella Valley Water District

INSURANCE 36 Insurance, Reinsurance and Property Maintenance

By John Schuknecht, CMCA, AMS & Chis Sigler, B.S.C.E., CDT

CAI NATIONAL UPDATE 17 CAI Releases New Reserve Study Best Practices 17 CAI’s Foundation Releases New Maintenance Guidelines and Best Practices By Steven Shuey, PCAM, CCAM

Business Partner Toolkit

Manager, Indio Properties/President, Desert Cities HOA Council

DIRECTOR MICHELLE LOPEZ, CMCA, AMS

CAI-CV

CHAPTER NEWS

Director of Community Management, Powerstone Property Mgmt.

New & Renewing Members

DIRECTOR BRIDGET NIGH

CAI-CV Educated Business Partners

Regional Account Manager, BEHR Paint Company

President’s Message

DIRECTOR LILY ORTEGA, CMCA

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CLAC Buck A Door – Stop Bad Legislation Now

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Office Manager, Pro Landscape CONTACT US CAI Coachella Valley 49950 Jefferson Street, Suite 130-117 Indio, CA 92201 (760) 341-0559 | www.cai-cv.org

CAL LOCKETT

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

CAI-CV Director Jennifer James, Esq. By Prendiville Insurance Agency

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President’s Message Julie Balbini, Esq. Managing Attorney, CV Office, Fiore Racobs & Powers, A PLC

would like to thank all our members who participated in the Chapter’s election of directors in October. The new directors were announced on October 24, at the at the Chapter’s annual meeting. I am very honored to have been reelected and happy that I will be able to serve the Chapter as president again in 2024. Also reelected is Clint Atherton, PCAM, LSM, General Manager of Sun City Palm Desert. Our third candidate to be elected is Mike Traidman, who served for six years on the board and, after taking a year off, was elected to serve another term. Mike is the President of Mira Vista at Mission Hills, President of the Desert Cities HOA Council, and a Commissioner for the Community Association Managers International Certification Board (CAMICB). I would like to thank my longtime friend and colleague, Attorney Jennifer James, Esq. (Jennifer James Law) for her three years of outstanding service as a director on the CAI-CV board. Jennifer will continue to be actively involved with the chapter as Chair of the Social Media Committee. Jennifer, we appreciate all that you have done to help build CAI-CV into a vibrant professional organization, and we look forward to many more years of your wisdom, boundless energy, and enthusiasm. We have only two very short months until the new year! With that in mind, CAI-CV will host its annual Legislative Update on Friday, November 10, at Sun City Palm Desert. You will learn about new HOA laws & regulations, new case law, pending legislation, and what to expect in terms of upcoming legislation that will impact HOAs. I will be presenting, along with Christina Baine DeJardin, Esq., Partner, Delphi Law Group, LLP, and California Legislative Action Committee (CLAC) Lobbyist, Louie Brown, Jr., Esq., from Kahn, Soares & Conway, LLP. This is one CAI-CV program that all members should attend. Call the CAI-CV office if you have any questions or would like to see if you can get a sponsored registration. More information and a registration link can be found on page 21. This will also be our largest trade show of the year! On Thursday, November 16, the Golf Committee has planned a relaxing and fun Tiki Tee Time Happy Hour Golf event at Shadow Mountain Golf Club in Palm Desert. Join us for the afternoon, as we enjoy nine holes

HOA Living | NOVEMBER, 2023

of low-key, easy-going golf, followed by a fun happy hour party. This is a perfect golf event for first-time golfers and those who don’t play often. But don't worry, for those who love to play golf and do so regularly, there will be plenty of golf and other fun for you, too. Managers play free! More information and registration links are on page 19. Every year, the Wine Tasting Committee hosts one of my favorite events at the beautiful Shields Date Garden in Indio. This year, on Friday, December 1, you’ll be tasting champagne, wine, and tequila under the stars and surrounded by impressive date palms, while you enjoy the fabulous culinary offerings – who doesn't love those bacon wrapped dates! It is a magical evening for you and your guests. The Silent Auction is one of the best in the Valley. There will be more than $10,000 worth of fantastic auction items for sale just in time for the holidays. Did you know that auction items usually sell for around 30 percent of their retail value? Come join us for outstanding food, wine, tequila, shopping, and comradery. You can find the registration link on page 24. On the afternoon of December 1, the Education Committee will host its annual ASK THE ATTORNEY program where managers and community board members are welcome to bring their legal questions. The program will take place in the Shields Date Garden Theater, from 3:30 p.m. to 5:00 p.m. and includes tickets to attend the wine and tequila tasting event immediately following. January is just around the corner, and we have the perfect way for you to celebrate the New Year with CAICV. Mark your calendars for the Chapter’s annual Awards Night on Friday, January 26, at Agua Caliente Casino in Rancho Mirage. You’ll enjoy a fun Disco-themed party with dancing, great food, champagne, dozens of door prizes, silent auction, and the opportunity to win a $1,000 grand prize. Early-bird discounted tickets are on sale now. Look for the registration link on page 13. You can sign up for these programs at: www.cai-cv. org. Also, you can use the links in the Monday Update (emailed to all members every Monday). (Please see page 40 for upcoming events and programs.) I want to thank the new Educations & Programs Committee for another phenomenal program on October

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13 about dealing with anger & de-escalating dangerous and contentious situations. It was a powerful and memorable presentation by internationally renowned mediation trainer, John Edwards, JD, from the High Conflict Institute. You can see the entire presentation, download the slides, or download all four articles provided by Mr. Edwards by clicking on the links on page 22. Thanks to past CAI-CV president, Matt Lawton, CIC, CIRMS, and Patrick Prendiville, CIRMS, from Prendiville Insurance Agency for an outstanding Board Member Workshop on the topic of insurance on October 3, and to Brian Linehan and John Schuknecht, CMCA, AMS, from LaBarre/Oksnee Insurance Agency, for conducting a class about insurance for managers on October 5. Both programs were timely and provided a glimpse into the dynamic HOA insurance markets. Both programs are available online, at www. cai-cv.org. The Oktoberfest Committee outdid themselves on October 20 with a fantastic Oktoberfest celebration at Sunshine Landscape. Nearly 200 people attended. The food was great, including some delicious mini donuts from Glaz'd, and everyone enjoyed axe throwing, stein holding, karaoke, dancing, games, and, of course, each other’s company. Great job Oktoberfest team! See the photos on page 28. Also, check out the videos on Facebook Live! I hope you all have a wonderful November and a safe Thanksgiving. I am looking forward to seeing all of you at the Legislative Update on November 10!

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

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Support Federal Condo Safety Legislation By Dawn M. Bauman, CAE

s industry leaders of condominium safety initiatives across the nation, Community Associations Institute is proud to share that Representatives Debbie Wasserman Schultz (FL-25) and Bill Posey (FL-08) introduced the bipartisan H.R. 4465 - Making Condos Safer and Affordable Act of 2023. This critical legislation, introduced on June 24th, 2023, in commemoration of the second anniversary of the tragic Champlain Towers South partial condominium collapse in Surfside, Fla., is a testament to their dedication to condo safety, expanding loan product options for structural and safety repairs. In remembrance of this tragedy that claimed 98 lives, this legislation offers bipartisan assistance to millions of residents who are facing aging infrastructure majority maintenance, and structural integrity of condominium buildings. Representative Wasserman Schultz’s district encompasses Surfside, Fla., where the tragic Champlain Towers South once stood.

HOA Living | NOVEMBER, 2023

The commit ment show n by Representatives Wasserman Schultz and Posey resonates deeply with members of the Community Associations Institute (CAI). In the aftermath of the tragic partial collapse of Champlain Towers South, CAI remains steadfastly devoted to fostering condominium safety, promoting structurally sound communities, and ensuring fiscal responsibility. The passage of this legislation would extend

vital financing resources to countless Americans living in condominium buildings, addressing critical needs that may have arisen following the tragedy. “Our collective efforts remain dedicated to the memory of those 98 individuals who lost their lives, those who lost loved ones, and those who lost their homes during this tragic condominium collapse,” asserts Thomas M. Skiba, CAE, Chief Executive Officer of CAI. Underscoring the urgency of this legislation, the Foundation for Community Association Research estimates that there are between 140,000 to 150,000 condominium and housing cooperative buildings across the United States.

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Of these, roughly two-thirds are aged over 30 years. Avenues of funding opportunities for building inspections and safety, maintenance practices, and proper financial planning to do so are at the forefront of many of these association board’s discussions. The Making Condos Safer and Affordable Act takes a significant stride towards alleviating this challenge by granting access to low-interest, government-backed loan products, thereby fostering the emergence of safer and more cost-effective condominiums. This proposed legislation carries a twofold impact on condominium associations:

Loan Products for Condominium Associations: The primary focus is to facilitate funding for repairs and replacements of common facilities within condominium projects. Amendments to Section 234 of the National Housing Act broaden the range of eligible mortgages. This expansion encompasses financing for rehabilitation, alteration, repair, improvement, or replacement

costs tied to any common system, infrastructure, facility, feature, portion, or area serving a condominium project. Here, the governing body of the condominium project becomes the borrower, and the maximum principal obligation is capped at 90 percent of projected repair or replacement costs.

Loan Products for Condominium Unit Owners: This segment concentrates on financing special assessments. The individual owner becomes the borrower. By amending Section 203(k) Rehabilitation Loans and Section 2 of the National Housing Act, the legislation enables the financing of non-regular assessments imposed by the governing body of the condominium project. These assessments encompass future costs associated with rehabilitation, alteration, repair, improvement, or replacement of any common system, infrastructure, facility, feature, portion, or area serving

the project. Furthermore, this section streamlines regulations and guidelines governing the verification of rehabilitation and repair plans, disbursement of loan proceeds, and certification of work completion for rehabilitation loans. We urge all CAI members and their networks to reach out to their respective members of Congress and advocate for their support of this helpful legislation. Your engagement is essential in shaping a brighter and safer future for our community associations. Together, we can drive positive change and forge stronger, more resilient communities for generations to come. For questions, please reach out to the Government and Public Affairs team at government@caionline.org. Thank you for your advocacy, Dawn M. Bauman, CAE, Chief Strategy Officer, Community Association Institute. Dawn can be reached by calling (703) 970-9224 or emailing dbauman@caionline.org

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CLAC Update By Kieran J. Purcell, Esq., CCAL

his year’s 2023 legislative session ended well for us. The California Governor signed Assembly Bill (AB) 648, common interest developments: procedures: meetings by teleconference. Thank you to Assemblymember Valencia (D-Anaheim) for authoring this important bill and helping California community associations. This bill is effective January 1, 2024. Our second CAI-CLAC sponsored bill, AB 1458 (Ta) regarding member elections was also signed on October 4, 2023. In the absence of a quorum, this bill authorizes a common interest development to adjourn a membership meeting to a date no less than 5 and no more than 30 days after the adjourned proceeding, at which time the quorum required for purposes of a membership meeting shall be 20% of the voting. This bill is effective January 1, 2024. Additionally, California Insurance Commissioner Lara announced a Sustainable Insurance Strategy to improve the state’s market conditions for consumers. While there

is more work to be done, we applaud Commissioner Lara for reaching a breakthrough agreement that increases insurance availability and supports community safety. This much-needed insurance reform will expand options and should help provide long-term sustainability in our marketplace, helping millions of Californians including seniors, first-time home buyers, and many others across our state. We know many communities and homeowners continue to face rising insurance costs. Below, we outline three actions you can take to make your voice heard and help us more effectively advocate on your behalf. Finally, we encourage our CAI Chapters to coordinate with the Department of Insurance (CDI) to request a representative to join your annual legal update. We are happy to help coordinate and provide assistance as needed. Please see more information below on how to get involved and stay connected.

ATTEND CAI-CV'S LEGISLATIVE UPDATE ON NOVEMBER 10TH AT SUN CITY PALM DESERT!

Thank you again for your support! To stay informed, you can follow this session’s community association-related bills on our website here:

Kieran J. Purcell, Esq., CCAL, CAI-CLAC Chair. If you have any questions, you can contact us at office@caiclac.com. 12

HOA Living | NOVEMBER, 2023

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Smart Technology Solutions: Enhancing Association Security By Christopher Bair

n today's world, security is a top priority for homeowners associations (HOAs). The safety and protection of residents, property, and common areas are paramount. To achieve this, HOAs have traditionally invested heavily in security personnel, increasing their annual spend. However, modern technology offers cost-effective alternatives that can not only reduce expenses but also lower risk and liability exposure.

SURVEILLANCE & REMOTE GUARDING CAMERA SYSTEMS Surveillance camera systems have become a cornerstone of modern security. These systems are versatile and can be tailored to meet the specific needs of both gated and non-gated communities. For gated communities, strategically placed cameras can monitor entry and 14

HOA Living | NOVEMBER, 2023

"New live remote guarding technologies can be monitoring your pool areas during the night remotely from a central operations center." exit vehicle gates 24/7. License plate recognition technology can also help document all inbound and outbound vehicles. New live remote guarding technologies can be monitoring your pool areas during the night remotely from a central operations center. Gated and non-gated communities can also benefit from surveillance cameras by monitoring pool areas, tennis courts, and common areas. In case of incidents, the recorded footage becomes a valuable resource for identifying culprits and providing evidence for legal actions.

ACCESS CONTROL & INTRUSION TECHNOLOGY Access control systems, including telephone entry systems, keycards or biometric scanners, can be employed to secure clubhouses and other shared facilities, as well as vehicle entries. This prevents unauthorized access and ensures that only residents and authorized visitors can enter. Intrusion detection technology can protect against break-ins, alerting authorities and management in realtime. For example, sensors placed in a

REAL ROOFING KNOWLEDGE FOR REAL ROOFING SOLUTIONS

clubhouse can notify security personnel immediately if an unauthorized entry occurs. This proactive approach minimizes the risk of theft, vandalism, and other security breaches.

MOBILE PATROL SECURITY INSPECTIONS Mobile patrol security inspections provide an efficient and cost-effective method to monitor the property without the need for a constant security presence. Patrol officers can make scheduled or random rounds, inspecting different areas and responding to alarms or suspicious activities.

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REDUCING THE NEED FOR SECURITY OFFICERS Investing in modern security technology and mobile patrol inspections can significantly reduce the need for a large security officer staff. This is particularly relevant for HOAs aiming to lower their annual spend.

"In gated and non-gated communities, they protect pool areas, tennis courts, and common areas, ensuring the safety of residents and assets." SUMMARY Modern security technology, including surveillance camera systems, access control, intrusion technology, and mobile patrol security inspections, offers homeowners associations effective ways to lower their security annual spend and minimize risk and liability exposure. For gated communities, these technologies can safeguard entry and exit vehicle gates. In gated and non-gated communities, they protect pool areas, tennis courts, and common areas, ensuring the safety of residents and assets. By implementing these systems, HOAs can also reduce their dependence on security officers, ultimately cutting operational costs. The benefits are twofold: residents can enjoy heightened security, and HOAs can allocate resources more efficiently. As technology continues to advance, it is crucial for homeowner’s associations to embrace these innovative solutions, enhancing the quality of life for their communities while achieving substantial savings. Christopher Bair is the Business Development Manager at Securitas Security Services in Palm Desert. He can be reached at: (760) 779-0728 or by email at Christopher.Bair@Securitasinc.com.

Ph. (760) 341-7770 • (760) 771-1656 • (760) 323-4669 Fax (760) 341-2290 • www.powerfulpestmanagement.com Email - powerfulpest@dc.rr.com

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CAI-CV 2024 CALENDAR JANUARY Monday 1 Friday 12 Monday 15 Friday 19 Saturday 20 Tuesday 23 Friday 26 FEBRUARY Tuesday 6 WE - SA 14-17 Friday 16 Monday 19 Tuesday 20 Monday 26 MARCH Tuesday 5 Saturday 9 Friday 15 Tuesday 19 Friday 22 APRIL Tuesday 9 Friday 19 Tuesday 23 MAY Friday 3 Tuesday 7 WE - SA 8-11 Friday 17 Tuesday 21 Monday 27 JUNE Tuesday 4 Friday 7 Wednesday 19 Friday 21 Tuesday 25 JULY TH - FR 4-5 Friday 12 Tuesday 23 Friday 26 AUGUST Tuesday 20 Friday 23 SEPTEMBER Monday 2 Tuesday 10 Friday 20 Tuesday 24 OCTOBER Tuesday 8 Monday 14 Friday 18 Tuesday 22 Friday 25 NOVEMBER Friday 8 Friday 15 Tuesday 19 TH - FR 28-29 DECEMBER Friday 6 Friday 6 Tuesday 17 Friday 20 TU - WE 24-25 Tuesday 31 JANUARY 2025 Friday 31

New Year's Day Leadership Training, 9 A.M. - 1 P.M. MLK Day Lunch Program, 11:15 A.M. City of Indian Wells Board Workshop Strat. Planning 2:30 P.M., Board 3:30 P.M. Annual Awards Event, 5:30 P.M.

Office Closed RAP Conference Center Office Closed Sun City Palm Desert Indian Wells VUE Grille Zoom Agua Caliente Casino & Spa

BMW, 8:30 A.M. CAI National Law Seminar Breakfast Program, TBD President's Day Strat. Planning 2:30 P.M., Board 3:30 P.M. CMCA Rev/CID Law/Ed BP, 9 A.M - 1 P.M.

Zoom Las Vegas Sun City Palm Desert Office Closed Zoom RAP Conference Center

Board Certificate Course, 9 A.M. - 4 P.M. City of Indio Board Workshop Lunch Program, 11:15 A.M. Strat. Planning 2:30 P.M., Board 3:30 P.M. Meet the Management Cos, 5:30 P.M.

Zoom or TBD Sun City Shadow Hills Clubhouse Sun City Palm Desert Zoom Classic Club

BMW, 8:30 A.M. Board Bootcamp Lunch Program, 11:15 A.M. Strat. Planning 2:30 P.M., Board 3:30 P.M.

Zoom Sun City Palm Desert Zoom

Spring Golf Tournament, 7:30 A.M. BMW, 8:30 A.M. CAI National Conference Lunch Program, 11:15 A.M. Strat. Planning 2:30 P.M., Board 3:30 P.M. Memorial Day

Sun City Palm Desert Zoom Las Vegas Sun City Palm Desert Zoom Office Closed

BMW, 8:30 A.M. Annual Comedy Night, 5:30 P.M. Juneteenth Day Breakfast Program, TBD Strat. Planning 2:30 P.M., Board 3:30 P.M.

Zoom Sun City Palm Desert Optional Holiday Sun City Palm Desert Zoom

Independence Day Annual Bowling Tournament, 5:30 P.M. Strat. Planning 2:30 P.M., Board 3:30 P.M. CAMDAY, 9 A.M. - 5 P.M.

Office Closed Palm Springs Lanes Zoom Sun City Palm Desert

Strat. Planning 2:30 P.M., Board 3:30 P.M. Strategic Planning, 9 A.M. - 1 P.M.

Zoom (Optional) RAP Conference Center

Labor Day BMW, 8:30 A.M. Lunch Program, 11:15 A.M. Strat. Planning 2:30 P.M., Board 3:30 P.M.

Office Closed Zoom Sun City Palm Desert Zoom

BMW, 8:30 A.M. Columbus Day Breakfast Program, TBD Strat. Planning 2:30 P.M., Board 3:30 P.M. Oktoberfest

Zoom Office Closed Sun City Palm Desert Zoom Sunshine Landscape

Fall Golf Event, 1:30 P.M. Lunch Program - Leg. Update, 11:00 A.M. Strat. Planning 2:30 P.M., Board 3:30 P.M. Thanksgiving

Shadow Mountain Golf Club Sun City Palm Desert Zoom Office Closed

Annual Wine & Spirit Tasting BMW/MOTR Strat. Planning 2:30 P.M., Board 3:30 P.M. Optional Holiday Breakfast/Lunch Christmas Holiday New Year's Eve

Shields Date Garden Shields Theater Zoom Sun City Palm Desert Office Closed Office Closed

Annual Awards Event, 5:30 P.M.

TBD

CAI Releases New Reserve Study Best Practices CAI’s updated reserve study standards urge communities to incorporate preventive maintenance and structural inspections into budget planning tools. The 2023 Reserve Study Standards provide guidance and methodology in the preparation of reserve studies for all varieties of community association ownership types and physical configurations. Learn how to build a safe and successful future for your community.

CAI’s Foundation Releases New Maintenance Guidelines and Best Practices By Steven Shuey, PCAM, CCAM Coachella Valley communities are getting older and aging components are taking a toll. Many neighborhoods are starting to show the stress of keeping up with the times. If your community is wondering how a maintenance program fits in to the management of the community, there is a great book recently published by the Foundation for Community Association Research (FCAR) that speaks to maintenance in the community. It comes complete with best practices and check lists. As a recently retired community association manager with many years of experience in property maintenance, I wish I’d had this book years ago. I recommend every board member read it and glean the understanding it brings regarding the importance of maintenance in the community.

BEST PR

ACTICES

Commun ity A ssoc iation

Maintena nce A regular ly applied maintenan prepared ce plan and and funded program com reserve stu bined with dy can lead a properly secure com to safe, des munity ass irable, fina ociations. ncially This report highlights:

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MANAGER ON THE RUN (MOTR) & BOARD MEMBER WORKSHOP (BMW) COMBINED

ASK THE ATTORNEY

ONLY

$25

FRIDAY DECEMBER 1, 2023

3:30 P.M.

Includes registration for CAI-CV's Wine and Tequila Tasting event at 5:30 PM

Attention community managers, assistant managers, community board members & Desert Cities HOA Council members. Come join CAI-CV for an informative session on Friday, December 1st, at 3:30 PM

"Ask the Attorney"

You can ask your legal questions for free advice. Bring your toughest questions to try and stump our expert panel of HOA attorneys.

HOA Living | NOVEMBER, 2023

SPONSORSHIPS

TIME HONORED Jennifer James, Esq. By Meaghan Gaffney-Howe, CMCA, AMS

ennifer James of Jennifer James Law has been representing homeowners associations since 2004. A resident of the Coachella Valley since 2006, Jennifer has been a member of CAI for the past 20 years. Jennifer started undergraduate college at Vanderbilt University and graduated magna cum laude from Utah State University with a bachelors degree in Education with an emphasis in math. While in undergraduate school, Jennifer began studying abroad – first in Lulea, Sweden and then studying comparative law in London, England through Washburn School of Law and graduating law school in 2001. Following law school, Jennifer taught history at an at-risk middle school in North Las Vegas, Nevada and says, “My former teaching training and experience has been valuable in dealing with homeowner associations. As a teacher at heart, I enjoy helping clients navigate and understand difficult homeowner association issues and learn about new laws concerning homeowner associations.” Jennifer began representing HOA clients in 2004 after joining a law firm in Las Vegas (the largest firm in the city at the time). After moving to the Coachella Valley in 2006, she worked with a residential developer and sat as the developer representative on homeowner boards. In 2008, Jennifer began managing the Palm Desert office of a large Southern California HOA law firm until opening her own firm in 2015. Of

"WITH A PASSION FOR HELPING OTHERS LIVE THEIR HEALTHIEST LIVES, JENNIFER’S FAVORITE SAYING IS “BE THE CHANGE THAT YOU WISH TO SEE IN THE WORLD.'" being a solo practitioner, Jennifer has “been able to provide my clients with unique personalized representation.” With a mindset of lifelong learning, Jennifer is truly passionate about helping her clients. She joined CAI for the opportunities as well as the ability to give back to the common interest community industry. Jennifer has definitely given back, serving on the CAI-CV Board and numerous committees over the years, including Volunteer (Chair), HOA Living (Chair), Programs, CLAC, and Social Media (Chair). Jennifer credits her father as being her biggest source of motivation and inspiration, encouraging her law school journey and keeping her inspired to pass bar exams in three states, two of which are some of the most difficult in the country. Mother to “a beautiful 13-year-old

daughter that keeps me young at heart,” Jennifer proudly shares that her daughter is an honor roll student and active in school sports including cross country, volleyball, soccer, and basketball. Because of her hard work and dedication in selling 5,000 boxes of Girl Scout cookies over the past two years, the two have been rewarded with trips to Dubai, Maldives, Singapore, Malaysia, and consists of her older sister New Orleans. Family also consists of her father and older sister, who, along with her father, are both attorneys, and her mom, who is a retired speech pathologist and audiologist. In her leisure time, Jennifer enjoys “creating enriching activities and learning opportunities for the girls” of her daughter’s Girl Scout troop, of which Jennifer is the troop leader. She also enjoys healthy cooking, hiking, movies, and salsa dancing. Jennifer is a certified life coach and certified Zumba instructor – and was featured on one of the original Zumba infomercials. With a passion for helping others live their healthiest lives, Jennifer’s favorite saying is, “Be the change that you wish to see in the world.” Jennifer, 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.

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New Anti-Laundering Law to Affect Homeowners Associations By Alison M. Greiner, Esq.

s your HOA laundering money for the Russians? Probably not, but that is one of the illegal uses of U.S. companies that the Corporate Transparency Act is attempting to put a stop to. The Reporting Rule was issued on September 30, 2022 implementing Section 6403 of the Corporate Transparency Act (CTA). The rule

"The rule describes who must file beneficial ownership information (BOI) reports, what information must be reported and when the reports must be filed." describes who must file beneficial ownership information (BOI) reports, what information must be reported and when the reports must be filed. Beginning on January 1, 2024, companies in the United States will have to start reporting information about their beneficial owners to the government. Specifically to the Financial Crimes Enforcement Network (FinCEN), which is a bureau of the U.S. Department of the Treasury. Existing companies will have until January 1, 2025 to file their first report. The rule identifies a "reporting company" as being either a domestic or foreign corporation, limited liability 28

HOA Living | NOVEMBER, 2023

company, or any entity created by the filing of a document with a secretary of state or any similar office. A “beneficial owner” includes any individual who, directly or indirectly, either (1) exercises substantial control over a reporting company, or (2) owns or controls at least 25% of the ownership interests of a "reporting company". There are twenty-three (23) specific types of entities exempt from the reporting requirement and at this time, homeowners associations are not included on that list. Therefore, unless your association falls under any of the 23 listed exemptions, your association will have to comply with this new rule. Tax-exempt entities are included on the list of exempted companies. An entity qualifies for this exemption if they are organized under section 501(c) of the Internal Revenue Code and exempt from tax under section 501(a). In California, HOAs are predominantly nonprofit mutual benefit corporations. Even though HOAs are nonprofit, they still file tax returns and pay taxes which means they are not tax exempt. Most HOAs are not a 501(c) organization, however if yours happens to be, it may be exempt. Once you have determined whether your association qualifies as a reporting company, the next step is to identify its

"We believe that when it comes to homeowners associations, the beneficial owners will be the Board of Directors." beneficial owners. Any individual who directly or indirectly exercises substantial control over the company or owns or controls at least 25% of the ownership interests of the company is a beneficial owner. There could be multiple beneficial owners. We believe that when it comes to homeowners associations, the beneficial owners will be the Board of Directors. The Board of Directors qualify as beneficial owners because in their capacity as Board members they exercise substantial control over the association, making decisions regarding the association’s business affairs and finances. Management companies and managing agents generally act at the direction of the Board, which means they are not exercising substantial control over the company and therefore do not qualify as a beneficial owner. With the identification of the beneficial owners completed, the next question is what information is required to be collected and reported. Each beneficial owners’ full legal name, date of birth, current address and the

unique identifying number and issuing jurisdiction form and image of either a U.S. passport, state driver’s license or other identification document issued by a state, local government or tribe is required to be reported. Existing associations will need to file their initial report no later than January 1, 2025. The report will be filed electronically through FinCEN’s secure filing system. The Treasury Department is building a website for companies to enter the required information, however the website is not available yet. After the initial report is filed, any changes to the information will need to be updated within 30 calendar days of the change. For example, when there is a change to the membership of the Board due to an election, recall, resignation, removal or when a Board member changes their address or there is a change to the form of identification document. It’s going to be very important for associations to stay on top of this reporting requirement because failure to report may result in civil or criminal fines for fraudulent reporting or a purposeful failure to report. The underlying purpose of the rule according to the FinCEN website, is to

enhance the ability of FinCEN and other is lobbying Congress to exempt HOAs agencies to protect U.S. national security from this rule. CAI feels that this rule and the U.S. financial system from illicit would potentially make it more difficult use and to provide essential information to find homeowners willing to serve on to national security, intelligence, and their Boards. Since current HOAs have law enforcement agencies; state, local, until 2025 to provide this information, and Tribal officials; and financial insti- we can expect more information from tutions to help prevent drug traffick- the Treasury Department. Stay tuned. ers, fraudsters, corrupt actors such as oligarchs, and proliferators from laundering or hiding money and other assets in the United "The FinCEN website further states that States. The FinCEN website Russia’s illegal invasion of Ukraine in further states that Russia’s February 2022 underscored that Russian illegal invasion of Ukraine elites, state-owned enterprises, and in February 2022 underorganized crime, as well as Russian scored that Russian elites, government proxies have attempted to state-owned enterprises, and organized crime, as use U.S. and non-U.S. shell companies to well as Russian government evade sanctions imposed on Russia." proxies have attempted to use U.S. and non-U.S. shell companies Alison M. Greiner, Esq., to evade sanctions imposed on Russia. Adams | Stirling, PLC. Clearly the Corporate Transparency Adams Stirling is Act BOI Reporting Requirements have California’s premier law an important purpose and its require- firm dedicated to residential and ments could significantly benefit commercial associations. Alison can be our country. However, it is our belief reached at (800) 464-2817 and/or that homeowners associations were agreiner@adamsstirling.com. not intended to be subject to these reporting requirements. CAI National CAI-CV.org

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CAI-CV Membership Drive Sponsored by Prendiville Insurance Agency

Start recruiting and win cash prizes from CAI-CV and CAI National! Once again, Prendiville Insurance Agency is the title sponsor of the CAI-CV Membership Drive. You can win a $1,000 GRAND PRIZE Travel Voucher to go anywhere you want or turn it in for cash. The $1,000 prize will go to the member who brings in the most recruits during the year. The grand prize will be awarded at the Awards Ceremony on Friday, January 26, 2024. Additionally, each month, the Chapter will hold a random drawing of all recruiters. The winner will receive $50 cash, and they will receive a $25 gift card for their new member. Each month, recruiters will also be enrolled in CAI National’s membership drive where they will be eligible for an additional $100 or $200 prize based on the number of their recruits. They will also be eligible for CAI National’s coveted Recruiter of the Year Award.

Individual Homeowner Leaders $125 CLICK HERE • Community Volunteers • Individual Residents

Managers $139 CLICK HERE • All Managers • All Assistant Managers

USE THESE LINKS TO ASSIST YOU WITH YOUR RECRUITING!

• Key Management Company Employees

MEMBERSHIP APPLICATIONS & WHO SHOULD JOIN CAI HOAs

Management Companies $425 CLICK HERE • All Management Companies

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$295 for 15 Memberships: CLICK HERE • All Board Members

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Prendiville Insurance Agency | 760-770-5868, Ext. 302 |760-774-2099 (Cell) | Matt@PrendivilleAgency.com 32

HOA Living | NOVEMBER, 2023

Don't Get Caught in a Holiday FOG By Coachella Valley Water District (CVWD)

ith the holiday season just around the corner, many families are looking forward to their annual gatherings with traditional meals. It is important to remember that holiday cooking can include foods with byproducts that if not disposed of properly can harm your plumbing and the sewer system near your home. You need to keep fats, oils and grease (FOG) out of household drains. They can clog your drains, cause sewer backups and disrupt the bacteria in your pipes.

FOGS ARE USUALLY FOUND IN: • Baked goods • Butter, lard, shortening, cooking oil • Peanut butter • Fats and oil from cooked meats • Food scraps • Gravy • Mayonnaise • Salad dressing

In the kitchen, FOG comes mostly from pre-rinsing dishes or washing pots and pans. When FOG heated from cooking goes down the drain, it cools in the wastewater system and sticks to pipes, creating FOG buildup. The buildup can cause clogs and backups and damage water system pumps.

TIPS TO KEEP YOUR DRAINS FAT FREE: • Never put FOGs down the sink drains. • Pour cooled FOGs into a container like an old food can or jar and put the container in the trash. • Before washing, use a paper napkin or paper towel to wipe FOG from dishes and dispose of it in the trash. • Scrape all food into the trash, not the garbage disposal, before washing dishes. • Use sink strainers to catch food waste.

• Sauces • Sour cream

For more information, visit Coachella Valley Water District’s Conservation section at CVWD.org/Conservation.

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GET THE APP 34

Go to your smartphone app store a Download the CAI-CV app today! IT’S FREE! CAI Coachella Valley. Look for th Go to your app store type Questi in logo andsmartphone download theand app. CAI Coachella Valley. Look for the CAI-CV Call thedownload CAI-CV office at (760) 341logo and the app. Questions?

HOA Living | NOVEMBER, 2023

Call the CAI-CV office at (760) 341-0559.

CLICK OR SCAN HERE TO DOWNLOAD BROCHURE:

IS YOUR HOA A BEST PRACTICE COMMUNITY?

Do your HOA residents (and potential home buyers) recognize the value associated with living in your “best practice“ community? CAI-CV’s Medallion Award Program provides an opportunity for CAI-CV member communities to be recognized for using CAI best practices.

BENEFITS TO YOUR HOA: • Helps to build positive community spirit. • Helps preserve and enhance the highlevel character of your community. • Helps to protect and enhance property values in your community. • Helps the board and management exceed owners’ expectations.

YOU WILL RECEIVE: • A professionally made outdoor Medallion Community logo sign that can be mounted to your gate or entrance. • A professionally designed electronic logo that can be added to your website, business cards, and marketing materials. • A cover-feature article in CAI-CV’s award-winning HOA Living Magazine

JOIN THE RANKS OF COACHELLA VALLEY MEDALLION COMMUNITIES! • Desert Shores Resort, Indio • Mira Vista at Mission Hills, Rancho Mirage • Montage at Mission Hills, Cathedral City • Palm Valley Country Club, Palm Desert • Sun City Palm Desert • Victoria Falls, Rancho Mirage

NEXT STEP: Request an Application Click or Scan the QR Code

(Application includes a questionnaire designed to evaluate an HOA’s best practices in all operational areas. The application is reviewed by CAI-CV Homeowner Leaders who either award Medallion status or provide feedback on areas needing improvement. The first-time application fee for CAI-CV members is $300 with a 2-year renewal fee of $200. Contact CAI-CV (760) 341-0559 or email clockett@cai-cv.org for more information.)

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Insurance, Reinsurance, and Property Maintenance By John Schuknecht, CMCA, AMS & Chis Sigler, B.S.C.E., CDT

he current insurance markets are grappling with reinsurance issues, which are frequently discussed within the insurance industry but often overlooked in the community association sector, including by our managers, boards, and community members. While understanding reinsurance is not vital for the daily operations of our community associations, it plays a significant role in explaining to our board and community members why premiums are rising or why the community's insurance might not be renewed. Additionally, grasping reinsurance helps boards proactively address preventive maintenance, maintenance issues, and liability concerns.

Preventative maintenance, if it is not performed, becomes deferred maintenance, which is always more expensive and more painful to swallow……Deferred maintenance can have a negative impact on Insurance. (C.S.) In simple terms, reinsurance can be thought of as insurance for insurance. It allows insurance carriers to mitigate or spread their risk when they choose to insure a community. To illustrate this concept, consider the example of insurance company "A" providing your community with $10,000,000 in coverage. Reinsurance comes into play when "A" allocates a portion of that $10,000,000 to one or more other companies. So, while "A" promises your community $10,000,000 in coverage, they share $2,000,000 with reinsurance company "B" and, sometimes, another $2,000,000 with reinsurance company "C." As a result, "A" is now responsible for $6,000,000 of the original $10,000,000, which shields them from a substantial loss.

We have not seen construction costs do anything but rise over time…..they do not generally go down. (C.S.) 36

HOA Living | NOVEMBER, 2023

Now that we have a better understanding of reinsurance, why is this knowledge important? It is crucial because it directly impacts our association's premiums due to a significant supply and demand issue. There's a high demand for insurance, but the availability of reinsurers is limited, mainly due to factors outlined in my previous article, such as major losses, construction costs, inflation, and more. Insurance companies have become increasingly selective about the risks they underwrite, scrutinizing every aspect. Once you place your insurance with a carrier, they conduct property inspections to identify potential issues. This is done to protect both the carrier and the association. Importantly, if a carrier identifies something on the property that concerns them and it goes unaddressed within a specific timeframe, the policy may be canceled or not renewed, leaving a mark on the community's record and impacting future insurance options. Moreover, addressing these issues, based on the carrier's recommendation, can lead to unforeseen expenses for the association.

Turning a blind eye as a board is not something the insurers will do when performing their inspections, so it’s better to stay well-funded and well maintained to avoid such issues. (C.S.) Similarly, if a carrier identifies issues but chooses to proceed with coverage, it may result in a premium increase to offset the risk. Engaging in preventative maintenance and seeking assistance from qualified contractors can help prevent such problems. Below is a basic list of what carriers typically look for. Please note that this list is not exhaustive, as carriers assess various aspects. To sum it up, maintenance and preventative maintenance are essential, even to insurance carriers. CAI (Community Associations Institute) provides a comprehensive list of service providers that can assist your association.

• Age of the community and any recent updates. • Age and condition of the roofs and maintenance of gutters.

Leaking roofs are expensive when repairs are needed. “Band-Aids” are ineffective and may be inexpensive in the short run, but more expensive long-term. (C.S.) • Age and type of electrical systems (aluminum vs. copper, circuit breakers vs. Zinco panels). • Age of plumbing systems. • Pool/Spa conditions, including fencing, self-closing/ latching gates, and compliance with safety regulations.

• Presence of ponds or lakes.

• Balcony bars - dimensions and safety features.

• Adequacy of lighting. • Use of security services. • Irrigation system functionality and potential water damage. • Condition of fascia boards. • Stucco condition. • Safety features of security bars on windows/doors. • Monitoring of social media pages and community websites.

Horizontal balcony bars can be a hazard due to the potential for having a “ladder” effect. (C.S.) • Landscape upkeep, including trees. • Identification and mitigation of slip and fall hazards like raised concrete, wet surfaces, potholes, and tree roots. • Condition of asphalt surfaces. • BBQ safety measures and compliance. • Exposure to brush fires.

There is a saying in construction: “SAFETY PAYS” and it also applies to insurance. Safety minimizes risk and liability for the insurers, so any safety improvements or maintenance should be a top priority! (C.S.) John Schuknecht, CMCA, AMS is an Account Representative at LaBarre/Oksnee. John can be reached at 657-207-4789 or JohnS@hoainsurance.com Chris Sigler is the President and owner of C.L. Sigler & Associates, Inc., a construction management and consulting firm that has exclusively served the HOA industry for 22 years. He is a Civil Engineer by trade with more than 30 years of engineering and construction experience, and is actively involved in SB326 inspections throughout the Coachella Valley. Chris is certified by the Construction Specifications Institute (CSI) as a Construction Documents Technologist. Located in Palm Desert, his firm serves the Coachella Valley and Riverside County, while serving the San Francisco Bay Area in Northern California from their San Jose Corporate office. Chris can be reached at 408-210-8003 or by email at chris@siglercm.com. CAI-CV.org

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HOA Living | NOVEMBER, 2023

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

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CAI-CV UPCOMING EVENTS – SCAN QR OR CLICK TO SIGN UP NOVEMBER

JANUARY

LEGISLATIVE UPDATE

CAI-CV ANNUAL AWARDS EVENT – DISCO

(For all members)

CAI-CV’s EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW WHEN: Friday, November 10, 2023, 11:00 a.m. WHERE: Sun City Palm Desert TOPIC: New HOA Laws & Regulations REGISTER: SPONSORSHIPS:

(For all members)

WHEN: Friday, January 26, 2024, 5:30 p.m. WHERE: Agua Caliente Casino, Rancho Mirage REGISTER: SPONSORSHIPS:

TIKI TEE TIME – HAPPY HOUR GOLF (For all members)

CAI-CV’S ANNUAL FALL 9-HOLE GOLF TOURNAMENT WHEN: Thursday, November 16, 2023, 1:30 p.m. WHERE: Shadow Mountain Golf Club, Palm Desert REGISTER: SPONSORSHIPS:

DECEMBER SIPS & SHOTS WINE & TEQULA TASTING (For all members)

CAI-CV’s ANNUAL CORKS FOR CLAC WHEN: Friday, December 1, 2023, 5:30 p.m. WHERE: Shields Date Garden, Indio REGISTER: SPONSORSHIPS: ASK THE ATTORNEY PROGRAM (For mangers & board members)

COMBINED MANAGER ON THE RUN (MOTR) & BOARD MEMBER WORKSHOP (BMW) WHEN: Friday, December 1, 2023, 3:30 p.m. WHERE: Shields Date Garden Theater, Indio REGISTER: SPONSORSHIPS:

UPCOMING CAI NATIONAL COURSES CAI courses, programs, and credentials provide homeowner leaders, community managers, and business partners the latest training to make an immediate impact in your associations, career, and business.

Register today for upcoming courses: NOVEMBER 2-3 M-100 - The Essentials of Community Association Management NOVEMBER 16-17 M-202 - Association Communications

NOVEMBER 30 - DECEMBER 1 M-203 - Community Leadership

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