CAI-CV HOA Living Magazine - September 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 Back yards since 1969 Qualit y work at a fair price

Lic #896061 C-53

NEW AND RENEWING MEMBERS

NEW BUSINESS PARTNER MEMBERS

BUILDINGLINK.COM

Mrs. Alexandria Marie Pollock, CMCA, AMS, PCAM (310) 925-9001 alexandria@buildinglink.com

CANYON PRINT & SIGNS

Mr. Alan Moore (760) 832-8433 alan@canyonps.com

SPRINGS PAINTING

Ms. Maria Yeakel (760) 340-5015 springspainting@mac.com

RENEWING BUSINESS PARTNERS

ACCURATE TERMITE & PEST CONTROL

Mr. Isaac Camacho (949) 837-6483 isaac@accuratetermitecontrol.com

ADVANCED RESERVE SOLUTIONS, INC.

Ms. Roxi K. Bardwell, AMS, PCAM, RS (510) 693-1620 rbardwell@arsinc.com

ASSOCIATION RESERVES

Mr. Kevin Michael Leonard, RS (909) 906-1025 kleonard@reservestudy.com

BROWN & BROWN

Mr. Devon Trux (415) 407-5352 devon.trux@bbrown.com

CARTWRIGHT TERMITE & PEST CONTROL

Mr. Will Cartwright, II (760) 346-6767 wc@cartwrightpc.com

CM SQUARED, INC.

Mr. Dirksen Rogers (510) 410-1769 dirksen@gocm2.com

DURAMAX BUILDING PRODUCTS

Mr. Viken Ohanesian (323 )728-3023 sales@uspolymersinc.com

EMPIRE TECHNOLOGIES GROUP, INC.

Mr. Pedro Estrada (909) 466-1316 pedro@empiretechs.com

JAIN IRRIGATION, INC.

Mr. Michael Rocco Palumbo (909) 637-7181 mpalumbo@jainsusa.com

NORDBERG|DENICHILO, LLP

Mr. Robert DeNichilo, Esq. (949) 654-1510 robert@ndhoalaw.com

SECURITAS SECURITY SERVICES USA, INC.

Mr. Robert Warcholik (760) 779-0728 robert.warcholik@securitasinc.com

VINTAGE ASSOCIATES/ECOWISE LANDCARE

Mr. Kyle Gritters (760) 772-3673 kyleg@thevintageco.com

WHITNEY | PETCHUL

Mr. Dirk Petchul (714) 932-3475 dpetchul@whitneypetchul.com

NEW MANAGER MEMBERS

ASSOCIA DESERT RESORT MANAGEMENT

Ms. Jennifer Munoz (760)346-1161 jmunoz@drminternet.com

Ms. Jasmin Navarro (760) 258-6135 jnavarro@drminternet.com

HIDDEN VALLEY LAKE ASSOCIATION

Ms. Kimberly Smith (707) 987-3138 (Ext. 117) accountingmgr@hvla.com

RENEWING MANAGEMENT COMPANIES

VINTAGE GROUP

Ms. Amy Moore, CMCA, CMCA (855) 403-3852 amy@vintagegroupre.com

RENEWING MANAGER MEMBERS

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

ALTA NEIGHBORHOOD ASSOCIATION

Ms. Tera Ashley Willis (760) 485-9475 tera@vintagegroupre.com

ASSOCIA DESERT RESORT MANAGEMENT

Mr. Keith L. Lavery, CMCA, PCAM (760) 346-1161 klavery@drminternet.com

Ms. Michelle Renee Logerfo (760) 346-1161 mlogerfo@drminternet.com

Ms. Kimberly Nicole Lopez (760) 346-1161 kilopez@drminternet.com

Ms. Robin Poole (760) 346-1161 rpoole@drminternet.com

Ms. Carolyn R. Quintana, CMCA, AMS (760) 775-5858 cquintana@drminternet.com

Ms. Ivonne Nathalie Romano (760) 346-1161 iromano@drminternet.com

Ms. Karin Romjue (760) 346-1161 kromjue@drminternet.com

Mrs. Nena Rutherford-Milward, CMCA, AMS, PCAM (760) 777-8807 nrutherford@drminternet.com

Ms. Melyssa Sobczyk (760) 346-1161 msobczyk@drminternet.com

Ms. Laurie Theresa Stratton (760) 346-1161 lstratton@drminternet.com

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

Mr. Eric John Zeivel (760) 979-7631 ezeivel@drminternet.com

AVAIL PROPERTY MANAGEMENT

Miss Nancy Holt (760) 771-9546 nancy@availhoa.com

PALM DESERT TENNIS CLUB

Ms. Brenda Morse (760) 851-4000 brendam@palmdeserttennisclub.org

PGA WEST RESIDENTIAL ASSOCIATION

Ms. Kelly McGalliard, AMS, PCAM (760) 771-1234 (Ext. 15) kellym@pgawest.org

SUNRISE RACQUET CLUB OWNERS ASSOCIATION

Ms. Meaghan Gaffney-Howe, CMCA, AMS (760) 327-0301 meaghan@thegaffneygroup.net

THE MADISON CLUB OWNERS ASSOCIATION

Ms. Berenice Ceja (760) 391-4564 cmanager@madisonclubowners.org

THE MANAGEMENT TRUST

Ms. Susanne A Graeff, CMCA, AMS (760) 406-3145 sue.graeff@managementtrust.com

Ms. Grace Paluck (760) 776-5100 (Ext. 6324) grace.paluck@managementtrust.com

THE RESERVE COMMUNITY ASSOCIATION

Mrs. Julie Anne Reese, CMCA, AMS (760) 674-2242 jreese@thereserveca.com

THE VINTAGE CLUB - MASTER ASSOCIATION

Mrs. Jacqueline C. Wright (760) 862-2085 jwright@thevintageclub.com

NEW HOMEOWNER LEADER MEMBERS

Mark Davis

BELLA VIDA AT SHADOW HILLS

Mr. Randall Tackett

CASA BLANCA HOMEOWNERS ASSOCIATION

Ms. Allison Mackie

Ms. Shelly Pomeranz

CASA DORADO AT INDIAN WELLS ASSOCIATION

Mr. Bruce Bahneman

Mr. Tom Joyce

Ms. Phyllis McKinley

Miron Washington

PGA WEST II RESIDENTIAL ASSOCIATION

Mrs. Carol Bayless

Mr. Dave Hurt

Mr. Spencer King

Mrs. Terri Langhans

Ms. Sherri Lusk

Ms. Barbara Montavon

Mr. Stan Neves

RIVIERA GARDENS HOMEOWNER ASSOCIATION

Mr. Jim Busch

WATERCOLORS AT LA QUINTA HOMEOWNERS ASSOCIATION

Mr. Daniel Ross Stiel

RENEWING HOMEOWNER LEADER MEMBERS

Angie Lafferty

BELLA VIDA AT SHADOW HILLS

Mrs. Joyce Gaurre

Ms. Sue Gonzales

Ms. Angela Hines

Ms. Jenna Sanchez

CASA BLANCA HOMEOWNERS ASSOCIATION

Ms. Kathryn Everyling

Mr. James Kenneth Sutherland

Ms. Karen Weiseth

CASA DORADO AT INDIAN WELLS ASSOCIATION

Ms. Lisa Doig

Mr. Ronald Henderson

LAGUNA DE LA PAZ HOMEOWNERS ASSOCIATION

Ms. Linda Baughman

Ms. Dawn Billings

Mr. John Guerrin

Ms. Dean Lepenske Priser

OAK HILLS ESTATES OWNERS ASSOCIATION

Ms. Deborah Davidson

Ms. Diane Stuart

PALM DESERT COUNTRY CLUB HOMEOWNERS ASSOCIATION

Ms. Heather Andrews

Mr. David Crellan

Mr. Ron Crisp

Ms. Maria Demme

Ms. Patricia McCabe

Mr. Tom Morris

Ms. Patricia Munson

Ms. Kathleen O'Brien

RIVIERA GARDENS HOMEOWNER ASSOCIATION

Mr. Jonathan Baker

Mr. Randall Daniels

Mr. Michael Tull

Ms. Theresa Voss

Ms. Dierdie Wade

SUNRISE COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC.

Ms. Judy Berzins

Mr. Gary Clifton

Mr. Jeffrey Coultas

Mr. Patrick Gabriele

Ms. Linda Gosney

Mr. Harvey A. Harris

Mr. Michael Miller

Ms. Monique St. Jacque

2023 HOA LIVING COMMITTEE MEMBERS

MEAGHAN GAFFNEY-HOWE, CMCA, AMS CHAIR

The Gaffney Group, Inc.

RODNEY BISSELL, CO-CHAIR

Bissell Design Studios, Inc.

ASHLEY LAYTON, PCAM, AMS, CMCA CO-CHAIR

Premier Community Association Management

JENNIFER JAMES, ESQ. BOARD LIAISON

HOA Legal Services

CHRISTOPHER BAIR

Securitas Security

BRIAN BERCE

Golden Alliance

SIERRA CARR, CMCA, AMS, CCAM, PCAM Associa Desert Resort Management

GREG GRITTERS

Vintage Landscape

GLENN A. MILLER, CGCS

Southwest Landscape & Maintenance, LLC

JAMIE PRICER

Coachella Valley Water District

JASON SAVLOV, ESQ. Adams | Stirling, PLC

STEVEN SHUEY, PCAM

Personalized Property Management (Ret.)

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

LORENA STERLING, CAFM

Community Association Financial Services

CREATIVE DIRECTOR & GRAPHIC DESIGNER

RODNEY BISSELL

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 Jason A. Savlov, Esq.

By Steven Shuey, PCAM, CCAM

Chris Sigler,

Holly Smith, PCAM

UPCOMING EVENTS

9 Save the Date - CAI-CV Annual Awards Night Party

Friday, January 26, 2024, 5:30 p.m., Agua Caliente Casino & Spa

15 CAI-CV Oktoberfest – Axes & Ales

Friday, October 20, 2023, 5:30 p.m., Sunshine Landscape, Thousand Palms

20 CAI-CV Sips & Shots

Corks for CLAC Wine & Tequila Tasting

Shield’s Date Garden, Friday, December 1, 2023, 5:30 p.m.

29 CAI-CV Educational Lunch Program & Mini Trade Show

Nuisances – Pets & Humans Alike

Friday, September 22, 2023, 11:15 a.m., Sun City Palm Desert

30

CAI-CV & DCHC Combined Board Member Workshop (BMW) And Manager on The Run (MOTR)

TOPIC: RESERVES

Tuesday, September 5, 2023, 9:30 a.m. Social/Networking, 10:00 a.m. Program

30 Save the Date – Breakfast Program

Topic: Dealing with Angry & High Conflict People

Friday, October 13th, 8:00 a.m., Sun City Pam Desert

30 Save the Date – Legislative Update Luncheon

Friday, November 10th, 11:00 a.m., Sun City Palm Desert

33 Tiki Tee Time – Happy Hour Golf

Thursday, November 16, 2023, 1:30 p.m., Shadow Mountain Golf Club

44

Upcoming Event Links

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, CIT

2023

COACHELLA VALLEY

CHAPTER BOARD OF DIRECTORS

PRESIDENT

JULIE BALBINI, ESQ.

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

PRESIDENT-ELECT ERIN KELLY

AVP, HOA Senior Manager

Banc of California

SECRETARY

BG (RET) GUIDO PORTANTE

Director, Mira Vista at Mission Hills HOA

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)

DIRECTOR

JENNIFER JAMES, ESQ.

Attorney, HOA Legal Services

DIRECTOR

BRUCE LATTA, CMCA

Manager, Indio Properties/President, Desert Cities HOA Council

DIRECTOR

MICHELLE LOPEZ, CMCA, AMS Director of Community Management, Powerstone Property Mgmt.

DIRECTOR

BRIDGET NIGH

Regional Account Manager, BEHR Paint Company

DIRECTOR

LILY ORTEGA, CMCA

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.

DEPARTMENTS

LAKE MANAGEMENT

18 Lake Quality When Equipment is Left Inoperative

By Patrick Simmsgeiger

LANDSCAPE

22 Preparing Flower Beds for HOAs

By Tracy Densmore

38 It's a Jungle Out There

By Amanda Gray

HOA LAW

24 CAI Advocacy – How Sacramento Makes Legislative Sausage

By Jeff French, Esq.

CLAC UPDATE

25 CAI-CLAC Buck-A-Door –The Power of a Single Dollar

By Kieran J. Purcell, Esq., CCAL

31 Keeping Man’s Best Friends Cool and Happy: Pet Safety Tips For Our Hottest Months!

By Christopher Bair

32 Start Water Conservation in Your Bathroom

By Coachella Valley Water District (CVWD)

Unexpected

By Lorena Sterling, CAFM

President’s Message

Julie Balbini, Esq. Managing Attorney, CV Office, Fiore Racobs & Powers, A PLC

Our long, hot summer is almost over! I hope all our members managed to stay relatively cool and had a good summer. CAI-CV has many exciting programs and events coming up this fall. During this year’s strategic planning process, we learned that all three of our membership classes are anxious to get back to building relationships and networking through CAI-CV. For that reason, you will see a renewed focus on in-person education where networking is included.

Our first fall event will be the Educational Lunch Program and Mini Trade Show on Friday, September 22nd entitled Nuisances – Pets & Humans Alike, with guest speakers, Mark Dodge, CMCA, AMS, Branch President & CEO of Associa Desert Resort Management, and Dan Goodrich, PCAM, LSM, General Manager of Sierra Dawn Estates HOA. I hope you will be able to join us for what I'm sure will be an engaging and helpful program.

The Monday Update (emailed to all members every Monday), now includes links to all the events for the second half of the year, and links to HOA Living Magazine. (Please see page 44 for upcoming events and programs.)

We are hearing great feedback from association residents who now have access to HOA Living. I hope all our members will forward the magazine out to your association’s resident contacts. We know there is a strong correlation between education and harmonious HOA living. Those residents are all potential future Homeowner Leaders, so let's spark an interest in what we do, while creating better-informed communities.

In August, the CAI-CV board developed a new committee structure and calendar for 2024. The Programs Committee will be merging with the Education Committee, so that all CAI-CV education is under one committee. The Web & Tech Committee will be merging with the Social Media Committee as we launch a new association management system (AMS) and website early next year (more on that next month), resulting in less need for a separate Web & Tech Committee. And the Membership Committee will be dissolved with each of our member support committees (Homeowner Leader, Professional Managers, and Business Partners) taking over that role within their own constituency.

Thank you to Clara Vera, MPA, Municipal Marketing Manager at Burrtec Waste & Recycling Services, and Liz Hernandez, Environmental Coordinator at Palm Springs Disposal, for their fantastic Board Member Workshop program on new waste management regulations that impact HOAs. The program took place on Tuesday, August 8th, and is now available on the CAI-CV and Desert Cities HOA Council’s websites.

Please look for (and LIKE) CAI-CV on Facebook and Instagram, where you will find the latest information about upcoming events and programs, and you will see photos of past Chapter activities. You may also gain access to all CAI-CV photos by downloading the new CAI-CV App from your app store, Google or Apple. It’s simple! After opening your app store, type in CAI Coachella Valley and hit download. Open the app on your mobile device and tap on photos. The new photo pages are sponsored by PrendIville Insurance Agency. You may download any of the photos and share them with your friends and family directly or through your personal social media.

On behalf of the CAI-CV board, we wish all our members a safe and productive September.

Nuisances, What Are They, and When Should a Community Association Get Involved?

By Jason A. Savlov, Esq.

Many of u s have experienced neighbors playing music loud at 1:00 a.m., allowing rubbish and debris to collect in the front yard and barbeque smoke to waft over the fence. Do any of those activities constitute a nuisance? If so, what should a homeowners association do about it?

It is important to understand what legally constitutes a nuisance. Civil Code Section § 3479 defines nuisance. Under that statute, nuisances are either:

1. Anything injurious to health

2. Anything indecent or offensive to the senses; or

3. An obstruction to the free use of property that interferes with the comfortable enjoyment of life or property

The “injurious to health” nuisances are less subjective and, therefore, easier to identify. Nuisances that most community associations face typically fall under categories 2 and 3, which are more subjective in nature.

Most homeowners and community association boards need to understand that there is a difference between annoyances and legal nuisances. This point is illustrated in Schid v. Rubin (1991) 232 Cal.App.3d 755. In that case, the court stated: "[E]very annoyance or

disturbance of a landowner from the use made of property by a neighbor does not constitute a nuisance. The question is not whether the plaintiffs have been annoyed or disturbed ... but whether there has been an injury to their legal rights. People who live in organized communities must of necessity suffer some inconvenience and annoyance from their neighbors and must submit to annoyances consequent upon the reasonable use of property by others."

Under Schid, homeowners do not have a right to live in a noise and odorfree environment. A normal amount of noise and contaminants should be expected as part of everyday living in a

community. Therefore, before a board engages in policing noise complaints, it should investigate the severity of the complaint to determine whether it is merely an annoyance or rises to the nuisance level. Is this a one-time event, or is this happening several days/weeks in a row? How intense is the noise, is it just annoying background noise, or is it so loud that it interferes with day-to-day living? The more frequent and severe the disturbances, the more likely they are to be a nuisance. Boards must also consider the nuisance provision typically found in governing documents and determine whether the behavior being complained of is a nuisance.

After investigating the circumstances, what options does an association have to address a nuisance? First, the association may consider contacting the violating owner to see if the nuisance can be resolved. In these instances, an initial written courtesy violation or notice of hearing often results in the homeowner expressing a negative attitude towards the association at the outset. The owner may intentionally continue or escalate the nuisance. Instead, depending on the

situation, boards may consider initially having a phone call or in-person discussion with the homeowner to understand the homeowner’s perspective and potentially de-escalate the situation.

There could be legitimate reasons why homeowners have engaged in nuisance behavior. For instance, when debris/trash builds up, the homeowner may be ill or not financially able to clean

association should follow the normal enforcement protocol in the association's governing documents, which usually begins with a courtesy violation notice and/or a cease and desist letter. If the nuisance continues, the association can call the owner to a hearing and impose fines and other disciplinary action, such as suspending the right to use the recreational amenities. If that initial disciplinary action does not result in compliance, the association will need to consider stepping up the enforcement with internal dispute resolution and alternative dispute resolution (i.e., mediation).

up the property. In those situations, the association could offer to arrange for clean-up and perhaps work out a reasonable payment plan with the homeowner. Being open to determining why the nuisance is occurring and finding creative solutions can go a long way toward resolving the nuisance.

If the soft approach does not work, an

Unfortunately, some homeowners refuse to cease their nuisance violations no matter how many fines are imposed. It may take a court order to enjoin the conduct causing the nuisance. These lawsuits can be expensive. However, under Civil Code § 5975(c), the prevailing party can seek reimbursement of their attorneys' fees.

There are several issues to consider when contemplating how to enforce a nuisance violation. Therefore, community associations should consult with their legal counsel before proceeding.

Jason A. Savlov, Esq. is the Partner in Charge of Litigation at Adams|Stirling PLC, with offices throughout California, including Palm Desert. You can reach Jason at jsavlov@adamsstirling.com or (760) 620-0747.

"IT IS IMPORTANT TO UNDERSTAND WHAT LEGALLY CONSTITUTES A NUISANCE."

Nuisances –Pets and Humans Alike

By Sally Armitage

California law (Civil Code § 4715) states, in part, “No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet within the common interest development.” However, an association’s governing documents and boards can adopt reasonable rules and regulations regarding pets, including restrictions on size, number, and aggressive breeds of animals. Check your governing documents for rules in your association.

Along with ownership of a pet comes responsibility for that pet and how the pet interacts with your neighbors. The most common pet problems include pet waste, odors, noise, and control/leash issues in shared outdoor areas. Any of these issues can become a nuisance if not handled responsibly by the owner.

PET WASTE: Pet waste is one of the most common challenges faced by communities and property managers. Not only is it offensive and unsanitary, but the odor can also

attract pests such as flies and other animals. Complaints can put a strain on resources and create tension and dissatisfaction amongst residents. If dog droppings become a problem in your neighborhood, it is legal for an association to require DNA testing for all dogs in the development for the purpose of identifying the violating animal. This procedure can greatly assist boards in the enforcement process.

NOISE: Noise can also be problematic. At what point does the barking dog or howling cat become a nuisance? Time of day and proximity to your neighbors can be taken into account. Cities have noise ordinances that need to be adhered to; it’s best to check with your city for restricted times. Pet owners can be fined for noise violations/infractions if it bothers others within the association.

CONTROL/LEASH ISSUES:

This primarily pertains to dogs (and their owners) but can include cats

too. An HOA will generally have rules about keeping dogs on leashes while on the property at all times. Even if the dog is friendly, not everyone feels comfortable being around a dog without a leash. As much as you love your pet and allow it to jump on you and give you kisses, others are not as appreciative.

HOA communities must set rules for pet owners and enforce those rules consistently for all homeowners to co-exist peacefully.

Sally Armitage is a Volunteer Board Member and current Treasurer at Canyon Shores Homeowners Association. She has been an active member of CAI and CAI-CV since 2017, has attained her Certificate of Board Leadership and is a member of the CAI-CV Board Leadership Committee. Sally can be reached by email at sallya. hoa@gmail.com.

“THERE’S NO SUCH THING AS A BAD DOG, JUST A BAD OWNER.”

SPONSOR

Fiore Racobs & Powers is a pioneer in residential and commercial community association law in Southern California, strictly limiting our practice of law to representing common interest development associations. The firm is proud to celebrate its 50th Anniversary in 2023, and it has four Southern California offices located in the Coachella Valley, Inland Empire, Orange County and San Diego County.

Founded on the core value of people making a difference through the practice of law, Fiore Racobs & Powers is dedicated to the success of community associations through the practice of law, the education of our clients and industry professionals, and the advancement of public policy.

OUR PRACTICE AREAS INCLUDE:

· CC&Rs, Rule and Architectural Enforcement

· Legal Opinions

Elections/Recalls

· Appeals

Contract Review

· Governing Document Amendment Assessment Collection

· Litigation

· Small Claims Assistance & Preparation

General Legal Services

The Firm is fourteen attorneys strong. We are happy to have Julie R. Balbini, Esq., who has practiced law in the Valley since 2002, as Shareholder and Managing Attorney of the Coachella Valley office. She has been very active in CAI-CV, currently serving as President, liaison to the Social Media Committee, and a member

of the Programs Committee. Julie was honored with the chapter's 2020 Distinguished Service Award and is a former President of the Desert Bar Association.

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

The Firm's relationship with CAI began in the early 1980s. CAI was one of the few organizations that promoted education for community associations and the professionals who support them. The Firm recognized the importance of education to both the industry and legislators in Sacramento. The Firm's founder and President, Richard S. Fiore, Esq., CCAL, played a major role in forming the California Legislative Action Committee ("CLAC") in the 1980's and served as Chair from 1991-1994, during its pivotal growth years. The Firm continues to be active in promoting the industry's objectives in the legislative arena.

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

Please contact Corey or Jeff at 760-776-9907 or corey@pdsignarama.com

COST: $30

CAI-CV Promotes In-Person Education

By Steven Shuey, PCAM, CCAM

Laws regarding community management are changing all the time and new laws and legal cases are published every year. These laws impact our jobs, the lives and assets of HOA residents, and the way our communities are governed. All of us in the HOA industry have an obligation and duty to stay educated so we can represent the interests of our communities. CAI has been the primary source of HOA education for more than 50 years and CAI-CV has been reaching out to local HOAs for more than 40 years. Membership in CAI is not enough. To adequately serve your communities, you must stay educated by attending CAI education and networking events.

When CAI holds in-person education sessions, they usually have sponsorships provided by business partners who attend to further educate attendees on the specifics of the products and services they offer. For example, I was speaking with Alex Harding of Go Access at CAM DAY, a recent CAI-CV educational event, and he was explaining how community access control is improving and being simplified. His company is designing technology that will be a “game changer” in how we authorize access to our communities. At CAI-CV’s Educational Luncheon, I learned from a landscape company that leaf blowers and lawn mowers now run on batteries instead of gasoline, and that batteries for such devices are lasting longer due to upgrades in technology. Landscape noise is also greatly reduced. New technology is offering to help with two of our greatest nuisances, fumes, and noise!

bowling alley or on the golf course. Great conversations also happen over beer at events like Oktoberfest.

Yes, education is important! Yet, we do not get the full impact of the education CAI has to offer unless we attend these educational and networking sessions in person.

If you have avoided attending in-person events for whatever reason, I hope you will change your mind and start attending again. The value you will receive will be refreshing and will benefit the communities you serve. You can sign up for CAI-CV events by following the links on page 44.

During the pandemic period when Covid-19 made us all nervous, education and most association board meetings went “virtual” with Zoom meetings. Although Zoom is great for some educational events, in-person education is more engaging and stimulating. Also important, at in-person educational events and CAI-CV’s networking events, you have the opportunity to build relationships with your colleagues. Sharing experiences, finding commonalities, confirming best practices are easily done in person and “virtually” impossible on Zoom.

CAI-CV luncheons and breakfasts are the best form of education for HOAs in the Valley. At CAI-CV luncheons, participants can speak with one another about how their association handled a particular issue of concern. Attendees also get the opportunity to wander around the trade show, visiting various business partners to learn how their services can enhance HOA operations.

Social (networking) events are another way for board members, managers, and business partners to build relationships with their peers and one another. No doubt you can picture the educational conversations that take place at the

Steven Shuey is a retired community association consultant from Personalized Property Management here in the Coachella Valley. He still serves on the Education Committee, serves on the chapter Strategic Planning Committee as a past President of the Chapter. Steven maintains his designation as a certified Professional Community Association Manager (PCAM). He serves on CAI’s national faculty and is a past board member of the APCM. Steven may be contacted by email at IslandMgr@aol.com.

Lake Quality When Equipment is Left Inoperative

By Patrick Simmsgeiger

During a recent project, we encountered a situation where 42 air compressors, which were previously operational at a series of lakes, were now offline. This presents a set of challenges. The issues experienced due to the inactivity of these air compressors include:

• Low dissolved oxygen levels

• Decrease in the natural decomposition process

• Excess nutrients in the water column that can be used to produce algal blooms

• Increased hydrogen sulfide production

• Sludge build-up

• High heat in a low oxygen ecosystem

To overcome these challenges and restore the health and balance of the aquatic ecosystem, we had to prioritize reintroducing sufficient oxygen levels into the water systems and implement proper professional care.

Aeration is the introduction of oxygen into an aquatic ecosystem through various methods, one of them being air compressors. Compressors produce large amounts of small bubbles which allow for efficient gas exchange between the water and the bubbles thus raising the dissolved oxygen (DO) levels. Oxygen is one of the most important components

of an aquatic ecosystem as it has a great effect on the most important issues of a healthy body of water such as water quality, fish health, and aesthetics. A low oxygen aquatic ecosystem will suffer from bad odors, unhealthy wildlife, as well as sludge build-up.

When dissolved oxygen levels are low in a body of water many negative effects arise that can compound to create a larger problem. The oxygen in the water is used by beneficial bacteria in the natural decomposition process of organic matter. When oxygen levels drop, this bacteria uses the next best energy source to continue the decomposition process, which would be nitrates. Nitrates are very important to aquatic plant survival, however, with both bacteria and plants using this resource, it is quickly used up, leading to plant death. Once the nitrates are all used up, the beneficial bacteria move on to the next energy source, which involves reducing sulfates. A by-product of reducing sulfates is H2S, hydrogen sulfide. Hydrogen sulfide is extremely toxic to fish and wildlife and can cause large fish die-offs. In addition to this, H2S is responsible for the rotten egg smell characteristic of stagnant, unhealthy water. This creates a negative loop wherein dead organic matter is multiplying in the water column and the bacteria which are supposed to be decomposing it are in fact aiding in its multiplication.

To further compound this problem, algal blooms produce large amounts of dead organic matter as each individual alga is very short lived, which then either uses up valuable oxygen in the decomposition of this or, in low oxygen environments, settles on the bottom. When this continues unchecked, this organic matter settles at the bottoms of lakes or streams and becomes sludge as there isn’t enough available energy for bacteria to help break it down efficiently. By introducing adequate oxygen through compressors, the bacteria have enough oxygen to carry out the natural decomposition process without affecting the balance of the water chemistry. The introduction of oxygen is even more important in lakes due to their large size and irregular shape. This is especially true in the small coves created by the irregular shape, where water flow might be limited.

In deeper lakes, water stratification occurs naturally. Water stratification is the division of a body of water into layers based on temperature. Warm water creates a top layer while colder water creates a bottom layer. The top layer is penetrated by the sun and is high in oxygen and wildlife. The bottom layer is nutrient rich but has very low oxygen levels. As seasons change, especially in colder climates, the water temperature may change causing the water layers to flip in what is called inversion. When

inversions happen, low oxygen water rises to the top layer and can create huge fish die-offs by suffocating aquatic life. Air compressors aid in preventing these harmful inversions by constantly moving and churning the water column, thus preventing the body of water from forming stratified layers to begin with.

By installing air compressors, the water quality and wildlife safety are greatly bolstered. In addition to this, another benefit is that the amount of chemicals needed to maintain a natural balance is greatly reduced. When oxygen levels are adequate, we need to only introduce small amounts of bio-enzyme, as the natural bacteria are already breaking down organic matter. Clarifying agents need only be used sparingly as the natural decomposition process, aided by sufficient oxygen levels, keeps the water from becoming murky with organic waste. Sludge reducing agents would also only be used occasionally as the bacteria, aided by the oxygen, will naturally break down this sludge. Algae-controlling chemical use will be reduced because algae cannot use the bottom sludge and organic waste as nutrients to bloom if they are unavailable due to the natural bacteria breaking these down first.

The regional climate where the lake is located has a large effect on the availability of oxygen in the water and thus, the water quality itself. Mountains

surrounding this valley create a thermal belt, keeping temperatures high all year-round. This creates a problem because oxygen solubility in water is temperature dependent. When temperatures are high, the water’s capacity for holding oxygen is diminished. When you couple this climate with the fact that the 42 air compressors have not been introducing oxygen into the lakes for five months, it is no surprise that the water quality has been deteriorating at a rapid pace. This abundant sunshine and temperature also aid in producing algal blooms, whose effects on oxygen levels have been described. Another negative effect of these algal blooms, when large enough to cover large areas of water surface, is that they essentially “choke” the surface of the water. If the compressors are not introducing oxygen and the ambient temperature limits the amount of oxygen the water can hold, then the only way oxygen is being introduced is either through waterfalls or surface diffusion. Waterfalls alone are not introducing enough oxygen for lakes of the size of these. If algal blooms, more common during the coming months, are allowed to spread, then surface diffusion will be extremely limited, thus leaving an already oxygen-starved environment in an even more dangerous situation. All these issues that arise from low oxygen levels are very hard to combat without raising the oxygen level using

air compressors. It makes it very difficult for our technicians to maintain a pristine and aesthetically pleasing water environment as there is very little we can do to combat many of these problems without the aid of air compressors. We can clean the water and we can add chemicals to try to maintain a balance but without oxygen, our efforts will be futile. In addition to this, adding a large amount of chemicals to try to regain balance and normalcy can be detrimental to the wildlife living there. Without the added input of this integral component, oxygen, we will be fighting an uphill battle to improve water quality. This is especially true considering the warm weather that is fast approaching.

Patrick Simmsgeiger, Founder and President of Diversified Waterscapes Inc. out of Laguna Niguel, CA, is a licensed Aquatic Pesticide Applicator, Landscape Contractor and Certified Lake Manager. He is one of the few individuals in the industry who is an expert on all stages of aquatic treatment; from product development and manufacturing to application and treatment. Patrick may be reached at (949) 582-5414 or by email at 343c@dwiwater.com.

"THE REGIONAL CLIMATE WHERE THE LAKE IS LOCATED HAS A LARGE EFFECT ON THE AVAILABILITY OF OXYGEN IN THE WATER AND THUS, THE WATER QUALITY ITSELF."

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Preparing Flower Beds for HOAs

By Tracy Densmore

Ihave worked with Armstrong Growers for 25 years. My first 12 years as the Sales Manager provided me the opportunity to work directly with breeders worldwide and share the uniqueness of commercial bedding plant usage on a grand scale. Typically, breeders would think of the consumer and large retailers such as box stores where volume is sold. Our team shared with them our customers’ experience, budget restraints on replacements, and garden performance as a pinnacle for success. Over the years, we have seen many advancements in bedding plants that may look like the older varieties but are much stronger and perform better.

SUMMER ANNUALS

Summer in the Sonoran Desert is extremely harsh. When we met with breeders from around the world at pack trials (annual trials on new bedding for the next year) they pointed out genetics that they say can take very high temperatures. We shared that we experience 30-plus days in triple-digit heat,

no or very low humidity, and nighttime temperatures as high as 100 degrees. This was rare for them, and I overheard one breeder state, “Only rocks can grow in a climate like that.” When you are planting beds for summer, make sure your plants are extreme- heat tolerant.

HYDRATION

My counterpart, Greg Cairns, and I agree that hydration is the elephant in the room in both fall and summer. You would think the biggest problem is not enough hydration in the warmer months, however, most problems are from overwatering. In fact, about 90

WATERING AND SOIL TYPE

percent of the problems we see are caused by the flower beds being too wet. Overwatering is what creates the decline of bedding plants. Most of our customers know and understand technical irrigation systems, coverage, etc. We rarely see an issue with head-to-head coverage. We do see problems in older clubs and HOAs that have shared valves covering both turf and planters. Turf and planters have different needs and covering them both with the same valves leads to hot spots on turf or over-hydrated flower beds.

We are regularly asked, “How long should I water?” There is no answer to this question without trial and analysis. The first step is to know the soil. Is it sandy soil with good drainage or clay pan that is difficult to dry out once moist? I recently had a client contact me about their Vinca dying (note that this season’s temperatures are moderate compared to last year). When I arrived, I could see the issue and began to remove a plant root ball to inspect the soil. I found that the bed was very wet on top with mud eight to ten inches below the surface. It would take weeks to dry out. The Vinca were getting far too much water for the soil type. At the nursery, we grow 100,000 flats of Vinca and never see plants dying out because we match the amount of water to the type of soil, make sure the plants are never standing in water, and that they completely dry out between watering cycles.

DISEASE

Once a disease is discovered, it is important to eradicate it quickly. Here are a few diagnoses we have seen in local bedding plants:

Botrytis. Botrytis is a fungus that attacks plants, causing blight, rot, and decay. It can infect hundreds of species, from grapes to beans to flowers. Botrytis thrives in humid and cool conditions, where it produces spores that spread through air, water, or insects. Botrytis typically occurs when there is humidity, excessive overhead spray, high temperatures, and watering late in the afternoon, so the foliage stays wet throughout the night.

Leaf spot. Leaf spot is typically caused when fungal spores in the air find a warm and wet plant surface. Overhead spray can cause this.

Rust. Rust typically occurs in mild, moist conditions such as we see in early spring. Snapdragons are notorious for this issue.

Pythium/phytophthora. Pythium is a common disease that occurs in desert flowerbeds. You may know it by the term, “damping off”. Pythium is often seen on Vinca. Pythium attacks the plant’s roots and stems. This usually occurs when soil temps are above 60 and soil is moist.

RISK VS. REWARD

Growing bedding plants isn’t easy but nothing rewarding is. Get to know your soil and pay attention to your watering schedule. The beauty that bedding plants provide for HOA landscapes is immediately noticeable. Bedding plants can completely change the appearance and experience with your HOA landscape.

TIME HONORED

By Meaghan Gaffney-Howe CMCA, AMS

Bill Clifford, CMCA, AMS, PCAM

Bill Clifford is a community manager with Desert Resort Management. A 30-year resident of the Coachella Valley (and the HOA industry), Bill has been a member of CAI for the past 12 years.

Bill got his start in the industry managing timeshare resorts in New Jersey where he became familiar with HOAs since each timeshare resort has at least one HOA. Following a transfer from New Jersey to Las Vegas, Bill began managing a 400-unit timeshare resort that consisted of eight separate sub-associations. Bill was able to assist in the renovation of new units as well as lead the renovation of the lobby and reception areas. Bill then left Las Vegas for Palm Springs where he managed another timeshare resort until he began working for Monarch Management (now The Management Trust) until 11 years ago, when he started at Desert Resort Management.

Bill has a degree in architecture from the Catholic University of America in Washington D.C. He is also a singer and an actor who spends much of his free time learning new songs, putting together shows, and rehearsing. He is currently rehearsing for his new cabaret show at the Arthur Newman Theatre at The Joslyn Center in Palm Desert, called “Bill Clifford Sings BROADway.” Bill says, “Yes, BROAD is in larger letters because the show is all songs that women sing on Broadway. I think those songs are so much more fun to sing and to listen to.” When he is not busy rehearsing, Bill loves reading Dean Koontz and John Saul novels. He and his husband just celebrated their 10-year wedding anniversary in early August; they have been together for about 30 years. They share responsibility for Tiggy, a 15-year-old Norwich Terrier, and she is never too far from Bill!

Bill originally joined CAI to keep up with the changes in the industry, as well as to network with other members. Acknowledging that many great people in the business inspire him every day, he credits Mark Dodge with providing encouragement and motivation. He said, “Mark is probably the best boss that I have ever had, and I’ve been around a while!” In addition to working for HOA boards, Bill serves as a director on two Coachella Valley HOA boards, as president of one and secretary of another, noting that, “It is tough to watch from the sidelines and not get involved in the community where you live. I want to make sure things are done the right way!” He adds that his next act will be semi-retiring in the very near future, and eventually full retirement.

Bill, thank you for your membership in CAI-CV and for your dedication to the CID industry!

Tracy Densmore is the Sales Manager at Armstrong Growers Bermuda Dunes. He can be reached at (760) 360-2170.

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 Advocacy – How Sacramento Makes Legislative Sausage

By Jeff French, Esq.

Say what you want about the always in the news California State Legislature, but one thing for sure is that it introduces and passes a lot of bills each year. This is due to a variety of factors, but a couple of key factors are that California has for years now had single party rule with Democrats controlling virtually everything in state government, and, not surprising, legislators want to look busy to their constituents by passing bills. Given the volume of bills, it is even more important for CAI and committees such as the California Legislative Action Committee (CLAC) to keep a watchful eye out for new legislation impacting community associations.

Some stats are worth looking at to understand the magnitude of the numbers involved here. For example, in the 2021-22 session alone there were a total of 4,476 bills introduced. Of those bills, 1500 were Senate bills and 2,976 were Assembly bills. There were five Assembly members that introduced the maximum of 50 bills during the 2021-22 session, and there were 14 Senators who introduced the maximum of 40 bills during this same session. Of the 4,476 bills introduced, 1166 made it to the Governor’s desk to be signed into law. Of those 1166 bills, the Governor proceeded to sign 997 into law and vetoed a total of 169. Despite the veto of 169 bills, almost 1000 bills were still added to the legal labyrinth for California. In stark contrast, the 117th Congress of the United States passed only 85 bills in its 2021-22 session. This comparison gives you some idea of the magnitude of the bills passed in California and the immense number of additions to California statutory law each year on a wide range of topics, including community association law. The legislative process is well underway for 2023 and

concluding soon. There are several key dates to keep in mind based upon the Legislative Calendar adopted each year at the outset of a session. The legislative session typically begins the first week of January and both houses shortly thereafter begin to introduce bills. For 2023 the last day to introduce bills was February 17th. June 2nd was the last day for each house to pass bills introduced in that house. September 8th was the last day to amend bills on the floor. Then, September 14th was the last day for each house to pass bills. Finally, October 14th is the cutoff date for the Governor to either sign a bill into law or veto it. From there, those bills signed into law by the Governor go to the Secretary of State where they are chaptered and made a part of the statutory law for California. Most of the newly adopted laws then take effect on January 1st of the following year unless the bill contains an urgency clause which puts it into effect immediately upon execution by the Governor.

While this may seem like a long process, it goes quite quickly. And when you add this timeline to the sheer volume of

"OF THE 4,476 BILLS INTRODUCED, 1166 MADE IT TO THE GOVERNOR’S DESK TO BE SIGNED INTO LAW. OF THOSE 1166 BILLS, THE GOVERNOR PROCEEDED TO SIGN 997 INTO LAW AND VETOED A TOTAL OF 169."

bills, there is a lot to sift through and track. This is even more reason CAI, and especially CLAC, are vital to the well-being of California community associations as CLAC does the heavy lifting to sort through the thousands of bills and identify those that may impact community associations. Then, CLAC mobilizes its multitude of resources to oppose harmful bills to have them amended or altogether defeated. While 2023 may be a somewhat benign legislative session for community associations, you never know what the future holds so each year CLAC must be ready to take on the thousands of bills that are sure to come with each California legislative session. This is no small task to be sure, and so it is critical for CLAC to have the support it needs, financial or otherwise, to take on this battle each year!

Jeff French is a senior partner with Green Bryant & French, LLP with offices in San Diego and Palm Desert and a member of the CAI Coachella Valley Chapter LSC. Jeff can be reached at (866) 342-3529 or by email at jfrench@gbflawyers.com.

THE POWER OF A SINGLE DOLLAR.

By Kieran J. Purcell, Esq., CCAL

SERVING OVER 13 MILLION HOMEOWNERS IN 55,000+ COMMUNITY ASSOCIATIONS THROUGHOUT CALIFORNIA

The California Legislature has returned from summer recess. We will have one month to contact legislatures before our bills head to the Governor's office. Additionally, we are already planning for 2024 and anticipating another active legislative year.

The California Legislative Action Committee (CLAC) is a committee of volunteers dedicated to monitoring and influencing legislation that affects community associations in California. We are proactive in introducing and advocating for legislation that is beneficial to Common Interest Developments (CIDs) and actively oppose legislation that may have an adverse impact on CIDs.

To continually provide these important services and as a committee of Community Associations Institute (CAI), we rely on contributions made by California members from all eight (8) California Chapters and other donations. Donations are used to support our legislative advocacy efforts to protect homeowners living in Community Associations. CAI-CLAC expenses include lobbyist fees, administrative and PR services, providing legislative information to the CAI-CLAC volunteers and more.

THIS YEAR: Please find our annual Buck A Door (or more!) Fundraiser packet included in this article. We appreciate your support and your donations to CAI-CLAC. More information can be found on our website. Click or scan the QR code.

CAI-CLAC Advocate, Louie Brown, explains more about the power of a single dollar and why your donation to CAI-CLAC makes a difference.

Thank you again for your support! To stay informed, you can follow this session’s community association-related bills on our website here. If you have any questions, you can contact us at office@caiclac.com.

Download the 2023 Buck A Door Fundraising Packet, which includes:

• CAI-CLAC Chair Letter

• About CAI-CLAC

• Community Association Board Resolution

• Pledge Form

Kieran J. Purcell, Esq., CCAL, is the Chair of CAI’s California Legislative Action Committee. His a Shareholder and Transactional Department Chair for the law firm of Epsten, APC. Kieran may be reached at (858) 527-0111 or by email at KPurcell@epsten.com.

It's a small amount with a big impact in advocating for California HOA communities.

CAI-CV Election of Directors

The Annual Election of Directors for the Coachella Valley Chapter of CAI has been scheduled for Tuesday, October 24, 2023, at 3:00 p.m. The election will be run by the third-party professional elections company, The Inspectors of Election, and ballots will be available online beginning September 22, 2023. Voting will continue online until October 23, 2023. Each CAI-CV member may cast one vote for each open seat and each member will receive one login ID and password. Ballots will be sent to the person on record with CAI’s National office. If you are a business partner who is on the CAI-CV local database but not on the CAI National database, please contact the CAI-CV office to find out where your company’s ballot information will be sent. There are three seats up for election, each for three-year terms, serving from January 1, 2024, through December 31, 2026. Board members may serve up to two three-year terms, so current board members may be running for a second term. CAI-CV members in good standing who have served recently in a leadership position (Chair, Co-Chair, Delegate) for 12 or more months are eligible to run. Nomination forms are available online at www.cai-cv. org, or by calling the CAI-CV office at (760) 341-0559. The election may be cancelled if all three current directors run for a second term, and there are no other candidates.

EASY ACCESS TO CAI-CV’S CORPORATE SPONSORS

Keeping Man’s Best Friends Cool and Happy: Pet Safety Tips for our Hottest Months!

By Christopher Bair

As desert temperatures continue to soar in early fall, it's crucial to ensure that your beloved pets are well-protected from the scorching heat. Just as you take precautions to beat the heat, your furry companions also need special care to stay cool and safe. Here are some essential tips to help you protect your pets during the hot months.

1. Hydration is Key: Just like humans, pets need to stay hydrated. Always provide a clean, cool, and fresh supply of water for your pets to drink. Ensure their water bowls are placed in shaded areas to prevent the water from getting too warm.

2. Avoid Hot Pavements: Asphalt and concrete can become scorching hot during summer days, causing discomfort and burns to your pet's paws. Walk your pets during cooler parts of the day or opt for grassy areas instead. Invest in dog shoes!

3. Create a Cool Space: Make sure your pets have access to shaded and well-ventilated areas where they can seek refuge from the sun. Set up a cozy spot indoors with fans or air conditioning, especially during the hottest hours of the day.

4. Never Leave Pets in Cars: Even with windows cracked open, a parked car can become a dangerous and lethally hot environment for your pet within minutes. Never leave your pet alone in a car during summer (or any time for that matter!)

5. Groom Regularly: Regular grooming not only keeps your pet's coat healthy but also helps prevent overheating. Brushing helps remove excess fur and promotes better air circulation, keeping them cooler. Spa day!

6. Limit Exercise: While it's important to keep your pets active, be cautious about exercising them during peak heat hours. Plan your walks for early mornings or evenings when the temperatures are cooler. Know your (and your pets) distance limitations when going on walks.

7. Pet-Friendly Sunscreen: If your pet has short or lightcolored fur, they can be susceptible to sunburn (Ouch!). Consult your veterinarian for a pet-friendly sunscreen to protect exposed skin, especially on their ears and noses.

8. Beware of Dehydration and Heatstroke: Signs of dehydration in pets include dry gums, excessive panting, and lethargy. Heatstroke can be life-threatening and may exhibit symptoms like rapid panting, vomiting, and disorientation. If you suspect heatstroke, seek veterinary help immediately.

9. Frozen Treats: Treat your pets with yummy frozen treats made from pet-safe ingredients. Ice cubes or frozen dog-safe fruits can help them cool down and provide a delicious respite from the heat.

10. Swimming Safety: If your pet loves to swim, introduce them to a safe water source. Always supervise them around pools and never force them into the water if they appear to be uncomfortable.

By following these simple yet vital guidelines, you can ensure that your pets enjoy a safe and enjoyable summer season. Your furry companions rely on your care and attention to thrive even in the hottest of days. They will thank you for it with their undying love!

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.

Start Water Conservation in Your Bathroom

By Coachella Valley Water District (CVWD)

If your home does not have high-efficiency toilets, you may be flushing money down the drain.

Toilets are one of the biggest water users in your home. Up to 30 % of water used indoors is from flushing toilets. Older toilets can use as much as 7 gallons per flush.

As state law mandated on Jan. 1, 2016, new higher-efficiency toilets sold or installed in California must use 1.28 gallons per flush or less. That is 20% less than the current federal standard of 1.6 gallons per flush, according to the EPA.

An average family of four can reduce water used for toilets by 20% to 60%, and save 13,000 gallons of water per year by replacing old, inefficient toilets.

Coachella Valley Water District encourages customers to install high-efficiency toilets.

The District offers residential rebates of up to $100 per toilet and $10 for the recycling fee to eligible homeowners on a first-come, first-served basis. Customers must live within CVWD’s service area and own the residence.

THINGS TO KNOW:

• Customers must recycle the old toilets at Desert Recycling in Thousand Palms. The recycling charge is $10 per toilet.

• Customers must provide a receipt as proof of purchase and a receipt as proof of recycling within 60 days of purchase.

• New toilets must use 1.28 gallons per flush or less and have an EPA Water Sense label.

• Customers are responsible for installing the new toilet, submitting sales receipts and submitting recycling receipts.

WHERE TO RECYCLE:

Desert Recycling, 27-105 Sierra Del Sol, Thousand Palms. MondayFriday, 7 a.m.-4 p.m. and Saturday, 7 a.m.-2 p.m. 760.343.0095, Desertrecycling.net

MORE INFORMATION AND REBATE APPLICATIONS:

CVWD.org/conservation, WaterConservation@cvwd.org, 760.398.2651

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

Sponsorships:

COMMUNITIES REPORT CHALLENGES WITH RISING INSURANCE PREMIUMS

Insurance premiums have been skyrocketing across the country in recent years, causing many community associations to face significant challenges in obtaining affordable insurance coverage.

More than 90% of respondents in a recent survey conducted by the Foundation for Community Association Research reported that their property and casualty insurance premium had increased at the last or current renewal with 24% citing an increase between $101 and $500, and 14% citing a larger increase.

The Foundation collected nearly 900 responses from community association leaders— board members, managers, management company executives, and insurance and risk management professionals—representing at least 10,000 community associations.

Overbudget on the Unexpected

By Lorena Sterling, CAFM

As we approach budgeting season, it is time to consider occasional unexpected expenses. Keeping a tight-knit budget focused on maintaining low HOA assessments may be what is causing over-budgeted items throughout the year. We suggest allowing some flexibility in areas like landscape extras, and common area repairs and maintenance. To track unexpected items, create new line items such as “Improvement Projects” and account for new items that keep popping up as unexpected payables like flowers and trees. We also suggest overestimating when planning for unforeseen expenses. Overestimating can produce a cushion that will reduce the surprise of a mid-year increase or special assessment. Also, don’t let inflation worry you. Instead, go with the flow. Plan for increased costs – that’s the best way to serve your community! Going with the flow of inflation can be a serene and enjoyable journey while planning for the community’s future.

Analyze! Request a detailed general ledger report for the past twelve months and analyze each expense. This will help you with reclassifying reserve expenses that were paid by the operating account. Many HOAs misunderstand their Reserve Study and use operating funds for reserves. Also, keep your Reserve Study updated annually. Look over the last three years

of the year-end financials for ongoing projects, delinquencies, liens, and foreclosures, and adjust your budget accordingly. Be specific when preparing your line-item categories. Break apart contracts from extras. Account for the contract and include a specific amount for anything extra outside of that amount. Negotiate with your vendors prior to finalizing the budget and request an updated contract to ensure any increases are accounted for. This will decrease variances and allow you to quickly identify how the HOA is doing on that specific project. Overestimate on insurance renewals and consider utility increases from about three-to-five percent.

There are many ways to plan for the upcoming year’s budget, but we cannot predict what the future holds for the community. Financially plan conservatively for the worst and expect the best outcome, knowing that assessments may increase, but the community is maintaining its financial health!

Lorena Sterling, CAFM is the Controller at Community Association Financial Services (CAFS). Lorena can be reached at lorena@ cafshoa.com

"OVERESTIMATING CAN PRODUCE A CUSHION THAT WILL REDUCE THE SURPRISE OF A MID-YEAR INCREASE OR SPECIAL ASSESSMENT."

One of the most difficult challenges facing HOAs is the policing of nuisances such as the attachment of exterior wall art or other homeowner beautifications. Whether it be at an entry, a balcony or patio, if it can be seen by other residents or is on common property, it’s probably not allowed by the association. But alas, HOA rules don’t always get followed. It’s left to the dedicated volunteers and management to maintain the rules and uniformity of the association’s homes.

WHAT ARE THE RULES AT YOUR ASSOCIATION?

When it comes to monitoring rules, a written policy is the key to having a chance for uniformity and consistency. An HOA policy should be established outlining exactly what is allowed, and where objects such as wall art can be displayed, and even how they can be attached without compromising the building’s integrity. Most associations do not allow personal wall hangings to be attached to the HOA’s buildings. Some condo associations allow personal art to be placed on a patio or balcony.

clearly stated rules that you can apply and enforce with everyone who lives in the community. If your community allows for hangings in an exclusive use area such as a patio or balcony, there should at least be methods and rules as to what can be done, and how it can be attached to the structure.

Wall Art Nuisances What to Do About Rule Breakers

By Chris Sigler, B.S.C.E., C.D.T.

Many HOAs have partial rules that allow for wall art to be displayed, but don’t address how art is to be attached. A non-penetrating mount would be the safest method, which would prohibit the drilling, nailing, or screwing of the exterior walls. This would maintain the watertight nature of what the exterior walls are intended for. If the policy allows for exterior wall hangings at exclusive-use areas and the attachment method is not clearly stated, you could have damage that was not intended by the homeowner.

The key to success with exterior uniformity is to have

For example, consider what surface is being penetrated. Stucco, our most common substrate (wall cladding) in the Coachella Valley, should use special screws and methods. Attaching to wood is easier but should be sealed.

PENETRATING THE EXTERIOR OF A BUILDING WALL:

Methods to deploy or the policy methodology should look something like the image below.

Penetrating stucco is tricky because water can make its way into holes or cracks without anyone ever noticing. Decayed wood behind the stucco could fester and not be discovered until it is too late to fix without full replacement. Therefore, a good methodology could be added to the rule such as:

Keeping uniformity and consistency will always be challenged by homeowners who want to put their mark with décor on the exterior of their homes. Make sure to have clear and concise rules that protect your buildings.

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.

"For example, consider what surface is being penetrated. Stucco, our most common substrate (wall cladding) in the Coachella Valley, should use special screws and methods. Attaching to wood is easier but should be sealed."

It's a Jungle Out There

By Amanda Gray

This year, California experienced significant rainfall brought by multiple atmospheric rivers from December 2022 to March 2023. While the water is a gift for Southern California’s often parched land, the extended rainy period can initially pose challenges. Oversaturated turf and planter beds become part of the scene. But what unfolds when a heatwave follows this rainy interlude?

PLANT STRESS

Transitioning from heavy rainfall to a heatwave presents a unique challenge for plants. The moisture, which was once beneficial, can become a stress factor. Excess moisture can lead to root issues, and the ensuing heatwave intensifi es water loss through transpiration, potentially affecting plant health.

DISEASE AND PESTS

The heatwave’s warmth and humidity provide a favorable environment for the spread of plant diseases and pests. This can particularly affect plants already weakened by the earlier excess moisture.

SOIL CHANGES

After a period of heavy rain, the soil’s characteristics evolve. It becomes compacted due to saturation and may harden on the surface as the heatwave sets in. This can impede water absorption and root growth, affecting plants’ ability to access essential nutrients.

NUTRIENT BALANCE

The quick drying that follows heavy rain can disrupt the balance of nutrients. Some nutrients wash away, while others accumulate, potentially impacting plant growth and health during the heatwave.

WILTING AND WATER STRESS

The heatwave accelerates water loss through transpiration. If the soil remains dry from the heat, plants may experience wilting, particularly if they haven’t recovered from the prior excess moisture.

INCREASED WEEDS

The combination of heavy rain and a heatwave can create optimal conditions for weed growth. Weeds thrive in moist environments and can take advantage of the warmth to grow rapidly, potentially competing with desirable plants.

RUNOFF AND EROSION

If heavy rain saturates the soil and a subsequent heatwave dries it out, the risk of soil erosion and surface runoff increases. This can lead to topsoil loss and potential damage to the landscape’s appearance.

RAPID GROWTH

The interplay of heavy rainfall and a subsequent heatwave spurs rapid plant growth. Moisture-rich soil provides nourishment, and the warmth stimulates development, transforming the landscape into a lush and vibrant scene.

THE RECOVERY REALITY

After rain ceased, crews grappled with limited access to slopes and inclines due to persistently muddy terrain and slippery plant material, rendering work unsafe. As the weather cycle winds down and heat prevails, our landscape teams are tirelessly restoring balance. They refine watering, apply treatments, and trim to manage impressive growth this year.

Navigating summer hurdles is a constant for dedicated landscape teams— braving daily heat with an unwavering commitment is the only way to maintain your beautiful surroundings.

For any additional information on this topic, contact your preferred landscape company.

Amanda Gray is a 20-year business development and marketing expert, currently serving as the VP of Marketing for Harvest Landscape Enterprises, Inc. She leads strategic growth initiatives in new markets, building relationships with valued partners and clients. Amanda can be reached by calling (949) 322-1755.

"The interplay of heavy rainfall and a subsequent heatwave spurs rapid plant growth."

WORK & PERSONAL LIFE BALANCE FOR COMMUNITY MANAGERS

By Holly Smith, PCAM

So many of us have said, “I’m really doing my best to find a balance between my work life and my personal life.” Everyone would like to achieve work-life balance, but it is difficult to find the right recipe or magic wand to achieve this ever-elusive goal.

Wikipedia defines work-life balance as: “The intersection of work and personal life. Work–life interface is bidirectional; for instance, work can interfere with private life, and private life can interfere with work.” I’m not sure about you, but I find that definition less-than-helpful. It’s not very helpful and does not provide any real ideas as to how to achieve worklife balance.

Interestingly, work-life balance is a topic that has gone viral since the pandemic. Many people in the HOA industry have shared their experiences and frustrations. It appears that most of us spent countless extra hours ensuring that our communities continued to receive services, and to guide boards and homeowners through the labyrinth of constantly changing regulations and laws, causing tremendous stress and, in many cases, burnout.

From a manager’s perspective, I have seen many hard-working community association managers (“CAMs” for short) feeling overworked and a little battered as they continue to provide services, many times above and beyond the call of duty. As this stress persists, it leads to a stressful existence, that negatively impacts personal time. I’ve seen increasing signs of burnout spread across our profession and throughout society. There is a tangible increase in hostile interactions, leading to safety concerns and added anxiety.

So, what is the answer to this challenge? One recurring solution is for each of us to strive individually to create a work-life balance. Working independently on our own work-life balance will help our work teams and offices work with less stress and more effectively for our clients. Supporting each other’s personal worklife balance goals is also critically important.

HERE ARE A FEW SPECIFIC THINGS THAT YOU CAN DO TO WORK WITH YOUR MANAGER TO HELP EFFECT A BETTER WORK-LIFE BALANCE:

Management Contracts: Before you contact your manager, take time to fully understand the provisions detailed in your management contract. Know what is expected from management on such things as meeting times and days, property inspections, and other services. Contracts usually include an exhibit that details what services are not covered under the monthly fee. Ensure that you have clear agreement on any “extras” so that everyone knows what is expected. Managers are there to help.

Board Liaisons: Make sure your management contract calls for the establishment of a board liaison. This can be any board member, but typically is the president. The liaison will become the primary person to communicate with management on tasks and services, and the conduit with the board between meetings. This is very important because the board may not realize that emails that include a majority of the board members may constitute an unauthorized meeting. Chain emails that include lots of people can create confusion.

A board liaison eliminates most of the stress

and can help create clear communications and accountability.

Set Reasonable Communication Expectations: The board and manager can discuss reasonable time frames for responding to emails, voicemails and for completing projects. Agreeing to a timeframe ahead of time helps everyone’s expectations. A CAM has many tasks to juggle, so expecting real time responses – which is what we all want - is just not practical or realistic. Expecting communications outside of normal business hours such as evenings, weekends, holidays, and vacations is also problematic if unplanned. CAMs need time to spend time with families and to reboot.

Reduce Texts and Phone Calls: We have become accustomed to having everything we want instantly. Before texting or leaving phone messages, stop and ask yourself this issue would be better served with an email to address complexities. Ask if this issue is time-urgent enough to warrant a phone call or text? Help community residents to understand how best to communicate with management by sending out instructions on how to contact management. Explain how to utilize afterhours numbers that are provided for property emergencies. Equally important is to let residents know not to contact board members directly at their home or business. Instead, set up HOA emails for board members so they too can separate personal life from HOA life. In our litigious society, it’s important to remember that communications can be discoverable in a lawsuit. Always be professional!

Daily Activities of the HOA: Good management contracts delegate the day-to-day activities of the community to the manager and management company. Encourage homeowners to direct their requests to management and encourage them to attend the board meetings where they have the opportunity to address the entire board with their concerns and suggestions. Best practice is for HOA boards to be policy driven, and steer away from day-to-day decisions, passing the daily decisions to the manager.

Delegate: Just as a CAM has an assistant to delegate tasks to, a board can delegate tasks to other board members, committees, and volunteers. Delegating responsibilities with clear instructions will help reduce stress at all levels. Utilize everyone that is willing to help! Delegating helps reduce costs and keeps projects moving forward.

Civility: Consider establishing a Civility Pledge to provide boards, committees, and residents with guidelines on appropriate behavior. A Civility Pledge sets a precedence that encourages multiple views and input, while treating everyone with respect. CAI has developed a Civility Pledge that is free to HOA boards, that addresses:

• Accountability for actions and words

• Civil behaviors, despite differences

• Respecting open expression of views

• Avoiding attacks and antagonization

• Getting engaged and informed

You can get more information about CAI’s Civility Pledge by clicking here or scan the QR code: https://dualauth.caionline. org/HomeownerLeaders/CivilityPledge/Pages/default.aspx

In summary, to create a positive work-life balance for your management and HOA volunteers, take the time now to establish communications protocols, clearly described expectations, and encourage civility at all levels. Make it a goal for your community to establish a healthy work-life balance.

Holly Smith, CMCA, AMS, PCAM, has over 20 years of property management experience within Southern California. Holly works for Associa Desert Resort Management. She serves on the Quorum Committee. She can be reached at (760) 346-9918 or hsmith@drminternet.com.

49950 Jefferson Street, Suite 130-117 Indio, CA 92201

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