Quorum November 2018

NOVEMBER 2018

NOVEMBER 2018

Coachella Valley Community Associations Institute Magazine

FEATURING Join CAI-CV on Friday, December 7, 2018 at Palm Valley Country Club FOR ALL MEMBERS - Holiday Open House & Charity Event Benefiting The Narrow Door’s Christmas Store, 5:30 p.m.

FOR MANAGERS - Manager on the Run (MOTR), 4:00 – 5:00 p.m.

FOR MANAGERS - CMCA Review & Exam, 1:00 p.m. – 5:00 p.m.

FOR COMMUNITY BOARD MEMBERS – Board Leadership Development Workshop (Certificate), 8:30 a.m. – 5:00 p.m.

8 Portola Palms Homeowners Association 11 2019 CAI-CV Calendar 12 How to Successfully Update Your HOA's Governing Documents 17 The Top Ten Things You Need to Know About the New DFEH Regulations

Albert Management’s Annual Holiday Toy Drive Check out your bear beginning OCTOBER 26th at Albert Management. Dress up and surround it with your themed gifts for The Narrow Door’s Coachella Valley Christmas Store. Return your bear creation/entry to Albert Management by NOVEMBER 27th then make plans to join us for our Bear Bash on DECEMBER 1st at 11am.

For more information on the Bear Affair, visit www.albertmgt.com.

41-865 Boardwalk Ave, Suite 101, Palm Desert, CA 92211 760 346-9000

THE TRADITION CONTINUES THIS HOLIDAY SEASON!

CHECK

ME OUT

2

Quorum November, 2018

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

3

2018 QUORUM COMMITTEE MEMBERS

CONTENTS CAI-CV

SUSAN BROWNE ROSENBERG, CHAIR Desert Cities Indoor Air, LLC

CAI-CV

RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc.

CAI-CV

DEA FRANCK, ESQ., BOARD LIAISON Epsten Grinnell & Howell, APC

EDUCATED BUSINESS PARTNER

EDUCATED BUSINESS PARTNER

EDUCATED BUSINESS PARTNER

CAI-CV

EDUCATED BUSINESS PARTNER

KIMBERLY BURNETT U.S. Security Associates DIANE CARMONY Coachella Valley Water District

8

SIERRA CARR, CMCA Trilogy La Quinta CAI-CV

EDUCATED BUSINESS PARTNER

JENNIFER JAMES, ESQ. Green Bryant & French, LLP BRUCE LATTA, CMCA Parc La Quinta MARNE LOGAN, CMCA The Management Trust Desert Division

CAI-CV

EDUCATED BUSINESS PARTNER

JAY POWELL Ben’s Asphalt JIM SCHMID The Lakes Country Club

12

DAVID SCHUKNECHT, CMCA, AMS Personalized Property Management STEVEN SHUEY, PCAM Personalized Property Management GEN WANGLER, ESQ., CCAL Fiore Racobs & Powers, A PLC JOSH WIDENMANN MRC Smart Technology Solutions A Xerox Company CREATIVE DIRECTOR & GRAPHIC DESIGNER CAI-CV

EDUCATED BUSINESS PARTNER

17

FEATURES

8 Portola Palms Homeowners Association

By Marne Logan

11 2019 CAI-CV Calendar 12 How to Successfully Update Your HOA's Governing Documents

By Kumar S. Raja, Esq.

17 The Top Ten Things You Need to Know About

4

the New DFEH Regulations

By Janet L.S. Powers, Esq., CCAL

Quorum November, 2018

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

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

SUBSCRIBER SERVICES

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

Quorum Magazine is printed at the CAI-CV Office on a Xerox Versant 180 Press.

Discounted printing is now available to CAI members. Call Bissell Design Studios, Inc. at (714) 293-3749 or the CAI-CV office for more information, (760) 345-0559.

ADVERTISERS ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP................................. 15

ASPHALT

22

AMS PAVING.................................................... 14 ASPHALT MD'S................................................ 39 NPG ASPHALT.................................................. 43

ATTORNEYS BEAUMONT TASHJIAN..................................... 24 FIORE RACOBS & POWERS, A PLC.................. 39 GREEN BRYANT & FRENCH, LLP...................... 37 GURALNICK GILLILAND & KNIGHTEN.............. 42 LAW OFFICE OF PEGGY REDMON.................... 15

CONSTRUCTION

30

VANTAGE POINT CONSTRUCTION, INC............ 41

DESIGN BISSELL DESIGN STUDIOS, INC....................... 42

ELECTIONS THE INSPECTORS OF ELECTION...................... 21

FLOOD REPAIR FLOOD RESPONSE........................................... 15

35

GATES & GARAGE DOORS AUTOMATION PRIDE........................................ 33

INSURANCE BROKERS

CHAPTER NEWS

DEPARTMENTS

CLINE AGENCY INSURANCE BROKERS............ 24

7 CAI-CV New & Renewing Members 16 Meet the Chapter Leadership

6 President’s Message 27 Platinum Spotlight

AMS CONNECT.................................................. 3

Holly Smith, CMCA

By Sierra Carr, CMCA

21 CAI-CV Elections – Candidate Winners 37 CAI-CV Educated Business Partners 40 2018 Corporate Sponsors

LAKE MAINTENANCE DWI.................................................................... 3

Signarama

LANDSCAPING

32 Manager's Corner

CMCA Pen and Paper Exam Offered on December 7th

By David Schuknecht, CMCA, AMS

34 Maintenance

Legionella in Water Systems

By Susan Browne Rosenberg, CIH, CIEC, CHMM

38 Water Wise

CVWD Launches New Tours

40 Welcome Aboard

Team///AIC Security

By Jay Powell

CHAPTER EVENTS

CONSERVE LANDCARE.................................... 24 PRO LANDSCAPING INC................................... 15 SUNSHINE LANDSCAPE................................... 42 URBAN HABITAT.............................................. 33 WATER RITE - VINTAGE ASSOCIATES, INC...... 10

MANAGEMENT COMPANIES ALBERT MANAGEMENT INC.............................. 2 ASSOCIA DESERT RESORT MANAGEMENT..... 43

PEST CONTROL POWERFUL PEST MANAGEMENT.................... 15

POOL REMODELING GARDNER OUTDOOR AND POOL REMODELING......................................... 10

REALTORS

22 Educational Lunch Program and Mini Trade Show 25 2018 Chapter Awards Nomination Form 28 Board Member Workshops

IT SERVICES

By Bruce Latta

30 Oktoberfest 35 Board Basic Training Has Another Hit 41 Upcoming Chapter Events

PALM SPRINGS REGIONAL ASSOCIATION OF REALTORS.................................................. 37

ROOFING BRS ROOFING INC........................................... 15 ROOF ASSET MANAGEMENT........................... 24 SUNTECH CONSULTING & ROOFING, INC......... 33 WESTERN PACIFIC ROOFING........................... 10

SECURITY AMS CONNECT................................................ 16 BARCODE AUTOMATION, INC.......................... 44 CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

5

FROM THE CHAPTER

President’s Message Gen Wangler, ESQ., CCAL Fiore Racobs & Powers, A PLC

T

he “season” is finally here. The Coachella Valley is probably the only place in the northern hemisphere where spring starts in November. The flower beds are already showing spectacular bloom, lawns are turning green and even the new trendy desertscape is blooming. Our population is about to double, and our work will be focused on keeping all our association residents cheery.

Our transition month, October, was busy with inspiring educational opportunities and some exciting festivities as well. Our thanks to the Education Committee for another great MOTR event on October 5th.

Attorney Michael Knighten, Esq. (Guralnick Gilliland & Knighten, LLP) did an impressive job teaching about what can go wrong at annual meetings. On October 12th, we held our annual Oktoberfest celebration at Sunshine Landscape with record attendance, excellent food and delicious soft pretzels. See pages 30-31 for photos! On October 14th, we offered CAI’s California CID Law Course for managers and board members. Our thanks to Jennifer James, Esq. (Greene, Bryant & French, LLP) for teaching this day-long course. The October Educational Lunch Program and Mini Trade show on October 26th was informative and noteworthy. See the photos on pages 22-23. We are grateful to our esteemed speakers, Janet L. S. Powers, Esq., CCAL (Fiore Racobs & Powers, A PLC) and Gregory Mann, Esq. (CA Department of Fair Employment and Housing) for informing us about the new Department of Fair Employment and Housing regulations that will take effect on January 1st. See the story on page 17.

Coming up this month is our third Board Basic Training on the topic of insurance. This program will take place on November 13th at 5:30 p.m. at the CAI-CV office. Carol Fulton (LaBarre/Oksnee Insurance Agency) will be teaching this course. The annual CAI-CV Legislative Update is scheduled for Friday, November 16th at Palm Valley Country Club. Our renowned guest speakers include CLAC Lobbyist Louie Brown, Jr., Esq. (Kahn Soares & Conway, LLP), Sandra Gottlieb, Esq., CCAL (Swedelson Gottlieb) and Dirk Petchul, Esq. (Berding|Weil).

Mark your calendars to join us on December 7th at Palm Valley for our annual Holiday Open House. This is a free event for CAI-CV members. In lieu of a registration fee, we ask members to bring an unwrapped children’s gift to donate to The Narrow Door’s Christmas Store. Come enjoy a full pasta dinner, wine, dancing, ornament making and the annual ugly sweater contest. Prior to the Open House, also at Palm Valley, will be the Board Leadership Development Workshop, an all-day course by CAI National. Board members attending the course will receive a certificate from CAI. We have also planned a Manager on the Run (MOTR) program on the 7th from 4:00 to 5:00 p.m. and, earlier that day, we will be offering the CMCA exam and prep course. Call the CAI-CV office for more information.

Our Chapter election results were announced on October 31st at our annual meeting. Congratulations to Cardinal Ambrose, PCAM (Vintage Group) for being reelected, and Micha Ballesteros (Flood Response) for being newly elected to the CAI-CV Board. My gratitude goes out to all our voters for electing me to a second term. I look forward to serving on the Executive Committee and as Past President next year. I want to thank the other candidates who ran and extend our sincere hope that they will run again.

As we move into the holiday season, I wish all of you a safe and memorable Thanksgiving. I look forward to seeing you at our November events.

Gen Wangler, Esq. Gen Wangler, ESQ., CCAL

Fiore Racobs & Powers, A PLC

6

Quorum November, 2018

CAI-CV NEW & RENEWING MEMBERS

2018 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS

RENEWING NATIONAL CORPORATE SPONSOR

RENEWING MANAGEMENT COMPANY MEMBERSHIP

EMPIREWORKS

POWERSTONE PROPERTY MANAGEMENT

Ronald Phipps (760) 568-9435 rphipps@thelakescc.com

Lisa Glogow (760) 469-4315 lglogow@powerstonepm.com

MORNINGSIDE COMMUNITY ASSOCIATION

NEW MANAGER MEMBERSHIPS

Michele Abdelnour (760) 328-3323 mabdelnour@morningsideca.com

GEN WANGLER, ESQ., CCAL PRESIDENT Fiore Racobs & Powers, A PLC

Chet Oshiro (888) 278-8200 coshiro@empireworks.com

MIKE TRAIDMAN PRESIDENT ELECT Mira Vista at Mission Hills HOA

NEW BUSINESS PARTNER BLACK DIAMOND SERVICE CONTRACTORS, INC.

PHYLLIS HARKINS, CMCA AMS, CCAM-LS, CAMEX PAST PRESIDENT Portola Country Club HOA JOLEN ZEROSKI, CMCA TREASURER Union Bank

Alison LeBoeuf (949) 294-3565 alisonl@bdscon.com CAI-CV

EDUCATED BUSINESS PARTNER

JOHN WALTERS-CLARK SECRETARY Associa Desert Resort Management CARDINAL AMBROSE, CMCA, AMS, CCAM, PCAM DIRECTOR The Vintage Group

CAI-CV

EDUCATED BUSINESS PARTNER

ALANTE/MCS INSURANCE SERVICES David Jeranko (949) 679-7130 davidj@mcsins.com

BRABO & CARLSEN, LLP

RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management DEA FRANCK, ESQ. DIRECTOR Epsten Grinnell & Howell, APC

CAI-CV

EDUCATED BUSINESS PARTNER

GERARD GONZALES DIRECTOR Albert Management, Inc. MATT LAWTON, CIC, CIRMS DIRECTOR Prendiville Insurance Agency

RENEWING BUSINESS PARTNERS

CAI-CV

EDUCATED BUSINESS PARTNER

LOUISE STETTLER DIRECTOR Palm Valley Country Club HOA

CAI Coachella Valley Office 75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org 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.

ASSOCIA DESERT RESORT MANAGEMENT Christie Driskel (760) 346-1161 cdriskel@drminternet.com Barbara Dugan (760) 346-1161 bdugan@associa.us

LAKES COUNTRY CLUB ASSOCIATION

MOTORCOACH COUNTRY CLUB PROPERTY OWNER ASSOCIATION, INC Carla Boosalis (760) 342-4215 cboosalis@drminternet.com

Paula Lua (760) 346-1161 plua@drminternet.com

NEW VOLUNTEER LEADERS

Synthia Salazar (760) 346-1161 synthia.salazar@drminternet.com

CANYON ESTATES HOMEOWNERS ASSOCIATION

Callen Lockett

Pamela Gargiuto

Wayne Carlsen (760) 320-0848 wayne@brabo-carlsen.com

Theresa Ysiano (760) 346-1161 tysiano@drminternet.com

CONSERVE LANDCARE

CAI COACHELLA VALLEY CHAPTER Frank Melon

Teri Gonzalez (760) 343-1433 teri@conservelandcare.com

Callen Lockett (760) 341-0559 CLockett@cai-cv.org

FENTON, GRANT, MAYFIELD, KANEDA & LITT, LLP

RENEWING MANAGER MEMBERSHIPS

Kathryn Krupp (949) 435-3834 Ext. 102 kkrupp@fentongrant.com

GREEN BRYANT & FRENCH, LLP Ronald Green (760) 346-9310 rgreen@gbflawyers.com

PRENDIVILLE INSURANCE AGENCY Matthew Lawton (760) 770-5868 Matt@PrendivilleAgency.com

WICR INC., WATERPROOFING AND DECKING Fred Wanke (888) 388-9427 Fred@wicr.net

ASSOCIA DESERT RESORT MANAGEMENT Michelle Espinoza (760) 324-1873 mespinoza@drminternet.com Rebecca Flores (760) 346-1161 Ext. 121 rflores@drminternet.com Candice Gorges (760) 641-9887 cgorges@drminternet.com

CATHEDRAL SPRINGS HOMEOWNERS ASSOCIATION Shane Petrik shanep99@gmail.com

SUN CITY PALM DESERT COMMUNITY ASSOCIATION

RENEWING VOLUNTEER LEADERS OAK HILLS ESTATES OWNERS ASSOCIATION Deborah Davidson Diane Stuart

SUN CITY PALM DESERT COMMUNITY ASSOCIATION Scott Erickson Dennis Golob Mike Joyce Lou Milkowski Sue Rogoff Charlie Thompson

THE FAIRWAYS HOMEOWNERS ASSOCIATION Lana Nikonez Frank Perra David Ritterodt Mary Beth Tarrant

FIRSTSERVICE RESIDENTIAL Daniel Farrar (760) 834-2487 daniel.farrar@fsresidential.com

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

7

FEATURE

Portola Palms Homeowners Association

By Marne Logan

O

ne thing that makes Portola Palms stand out is the diligent efforts of their five board members and their committee volunteers on behalf of the community. They have five very active standing committees - Architectural, Neighborhood Watch, Social/Recreation, Maintenance, and Publicity. Board member Jay Jarvis said, “Countless volunteer hours are contributed each year by our volunteer board and committee members. This involvement creates a true feeling of community.”

A great piece of trivia to know about Portola Palms is their famous history.

The property was originally owned by celebrity comedian, Red Skelton. How fun is that?

Built in 1973, Portola Palms was originally a mobile home park. The property is now fully built out with

8

Quorum November, 2018

138 buildings comprising 141 one-story units. Residents enjoy one of the best assessment values in the Coachella Valley. For $238 per month, they receive amenities that include water, sewer, Spectrum cable TV and trash pick-up.

Spectrum Wi-Fi is also available. They have a lovely clubhouse with a spa, pool, basketball court, and a shuffleboard court. Add these outstanding amenities to the warm and welcoming community atmosphere and you have a fantastic place to call home.

Residents love the fact that they are close to schools, parks, recreation and shopping. Portola Palms is located next to the Palm Desert Aquatic Center, Palm Desert Civic Center Park, the McCallum Theater and College of the Desert. They are only a mile away from the famous shops on El Paseo and the Palm Desert

Mall. Their location is also close to many of Palm Desert’s finest restaurants.

Portola Palms is committed to conservation. Their monthly community newsletter encourages residents to use resources wisely. They work to conserve water and energy in the common areas and outline conservation ideas in each monthly community newsletter to encourage their residents to participate.

The community’s board has been focused on preserving and enhancing property values for homeowners, according to Jim Lewis from Desert Management. They have recently finished remodeling their clubhouse and shuffleboard court. Their next remodeling project is expected to be their pool and spa. The biggest challenge currently facing Portola Palms is finding that “just right” on-site manager, as this position

“We have a great group of people who live in the community and work to make it better every day. The result has been a lot of good volunteers who work hard to make the community a great place to live and raise a family.”

Quote from Portola Palms board member, Jay Jarvis.

is currently open. Contact Jim Lewis or Dennis Cooke at Desert Management if you know someone who is interested in applying.

The community is a member of CAI-CV and participates in the Chapter’s educational programs. They also support CAI through the use of CAI business partners, including Epsten Grinnell & Howell, AMS Paving, and Desert Management as their professional management company.

Marne Logan, CCAM, is a community association manager for The Management Trust Desert Division. She can be reached at 760-340-1703, or by email to marne.logan@managementtrust.com.

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

9

Full Service Commercial Pool Remodeling Some of our Clients:

Emerald Desert RV RESORT • PALM DESERT, CA

• La Quinta Resort • Agua Caliente

760-342-9756

www.GardnerRemodel.com CSLB #896061

• Fantasy Springs • Rancho Mirage CC • Emerald Desert Resort

Contractors Lic. # 235717

WESTERN PACIFIC Roofing Corporation

Since 1949

“Complete Roofing Services” Repairs • Re-roofing Roof Inspection • Maintenance Programs Polyurethane Foam • Built-up • Tile • Patios

We can help you meet your CVWD "Efficient" budget!

3462 La Campana Way, Palm Springs, CA 92262 Phone (760) 416-5877 Fax (760) 320-8912 FIND US ONLINE AT www.westpacroof.com

YOUR AD

HERE admin@cai-cv.org | (760) 341-0559 10

Quorum November, 2018

Fernando Fregoso (760) 772-3673

fernandof@thevintageco.com

2019 CALENDAR

FEATURE

COMMUNITY ASSOCIATIONS INSTITUTE - COACHELLA VALLEY • LOCAL CHAPTER & NATIONAL EVENTS & COURSES – BLUE • SOUTHERN CA COURSES & NATIONAL EVENTS – GREEN JANUARY

JULY

31-1 11 18 21 23-26 25 29 31-2

MONDAY - TUESDAY FRIDAY FRIDAY MONDAY WEDNESDAY - SATURDAY FRIDAY TUESDAY THURSDAY - SATURDAY

NEW YEAR’S - HOLIDAY LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV BOARD STRATEGIC PLANNING MARTIN LUTHER KING DAY - HOLIDAY CAI’S NA LAW SEMINAR - NEW ORLEANS (CEU) MAD HATTER AWARDS & MONTE CARLO NIGHT CAI-CV BOARD MEETING CAI’S M-100: THE ESSENTIALS - OXNARD (CEU)

31-2 1 8 8 15 18 22 26 28-1 28-2

THURSDAY - SATURDAY FRIDAY FRIDAY FRIDAY FRIDAY MONDAY FRIDAY TUESDAY THURSDAY - FRIDAY THURSDAY - SATURDAY

CAI’S M-100: THE ESSENTIALS - OXNARD (CEU) MANAGER ON THE RUN (MOTR) (CEU) LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI’S M-202: COMMUNICATIONS - LOS ANGELES (CEU) CAI-CV COMMMITTEE LEADERSHIP TRAINING PRESIDENTS’ DAY - HOLIDAY BOARD MEMBER WORKSHOP: RICHARDSON/OBER CAI-CV BOARD MEETING CAI’S CASE STUDY - SAN DIEGO (CEU) CAI’S M-100: THE ESSENTIALS - SANTA ANA (CEU)

28-1 28-2 1 7-8 8 15 21-22 26 29 29

THURSDAY - FRIDAY THURSDAY - SATURDAY FRIDAY THURSDAY - FRIDAY FRIDAY FRIDAY THURSDAY - FRIDAY TUESDAY FRIDAY FRIDAY

CAI’S CASE STUDY - SAN DIEGO (CEU) CAI’S M-100: THE ESSENTIALS - SANTA ANA (CEU) ASSISTANT MANAGER ON THE RUN (CEU) CAI’S M-380: LITIGATION - LOS ANGELES (CEU) LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI’S M-202: COMMUNICATIONS - SAN FRANCISCO (CEU) CAI’S M-205: RISK MANAGEMENT - PALM DESERT (CEU) CAI-CV BOARD MEETING BOARD MEMBER WORKSHOP: ASK THE ATTORNEY CORKS FOR CLAC WINE TASTING

5 8-9 9 12 19 26 30

FRIDAY MONDAY – TUESDAY TUESDAY FRIDAY FRIDAY FRIDAY TUESDAY

MANAGER ON THE RUN (MOTR) (CEU) CAI’S DAY AT THE CAPITOL - SACRAMENTO (CEU) HOA BOARD BASIC TRAINING CAI’S M-202: COMMUNICATIONS - SANTA ANA (CEU) LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV ANNUAL SPRING GOLF TOURNAMENT CAI-CV BOARD MEETING

3 10 14 15-17 27 28

FRIDAY FRIDAY TUESDAY WEDNESDAY - FRIDAY MONDAY TUESDAY

ASSISTANT MANAGER ON THE RUN (CEU) LUNCH PROGRAM & MINI TRADE SHOW (CEU) HOA BOARD BASIC TRAINING CAI’S NA CONFERENCE - ORLANDO, FL (CEU) MEMORIAL DAY - HOLIDAY CAI-CV BOARD MEETING

6-7 7 7 11 14 21 21 25 27-28 28 28

THURSDAY - FRIDAY FRIDAY FRIDAY TUESDAY FRIDAY FRIDAY FRIDAY TUESDAY THURSDAY - FRIDAY FRIDAY FRIDAY

CAI’S M-205: RISK MANAGEMENT - SANTA ANA (CEU) MANAGER ON THE RUN (MOTR) (CEU) CAI-CV ANNUAL SUMMER SIZZLER HOA BOARD BASIC TRAINING LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV NEW MEMBERSHIP ORIENTATION CAI’S M-203: LEADERSHIP - LOS ANGELES (CEU) CAI-CV BOARD MEETING CAI’S M-206: FINANCIAL - RIVERSIDE (CEU) CAI’S M-201: FACILITIES - SANTA ANA (CEU) CAI-CV ANNUAL BOWLING TOURNAMENT

FEBRUARY

MARCH

APRIL

MAY

JUNE

75410 GERALD FORD DRIVE, SUITE 102 PALM DESERT, CA 92211

• HOLIDAYS – CAI-CV OFFICE CLOSED – RED • (CEU) = CONTINUING EDUCATION UNITS 4-5 11-13 12 12 18 26 30

THURSDAY - FRIDAY THURSDAY - SATURDAY FRIDAY FRIDAY THURSDAY FRIDAY TUESDAY

INDEPENDENCE DAY - HOLIDAY CAI’S M-100: THE ESSENTIALS - SANTA ANA (CEU) CAI’S M-202: COMMUNICATIONS - SAN DIEGO (CEU) ASSISTANT MANAGER ON THE RUN (CEU) CAI-CV DAY AT THE RACES - DEL MAR (CEU) CAI’S CA CID LAW COURSE CAI-CV’S BOARD MEETING

1-3 2 8-9 16 22-23 27

THURSDAY - SATURDAY FRIDAY THURSDAY - FRIDAY FRIDAY THURSDAY - FRIDAY TUESDAY

CAI’S M-100: THE ESSENTIALS - LOS ANGELES (CEU) MANAGER ON THE RUN (MOTR) (CEU) CAI’S M-204: GOVERNANCE - SAN FRANCISCO (CEU) EDUCATED BUSINESS PARTNER COURSE CAI’S M-206: FINANCIAL - SANTA ANA (CEU) CAI-CV BOARD MEETING

2 6 10 11-13 17 20 24 27 27

MONDAY FRIDAY TUESDAY WEDNESDAY - FRIDAY TUESDAY FRIDAY TUESDAY FRIDAY FRIDAY

LABOR DAY - HOLIDAY CAI’S M-203: LEADERSHIP - PALM DESERT (CEU) HOA BOARD BASIC TRAINING CAI’S LARGE SCALE WORKSHOP CAI-CV’S CAREER OUTREACH LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV BOARD MEETING CAI’S M-203: LEADERSHIP - SANTA ANA (CEU) ASSISTANT MANAGER ON THE RUN (CEU)

1-3 4 8 11 14 18 25 29 31-2

TUESDAY - THURSDAY FRIDAY TUESDAY FRIDAY MONDAY FRIDAY FRIDAY TUESDAY THURSDAY-SATURDAY

CAI’S MANAGEMENT CO. CEO RETREAT (CEU) MANAGER ON THE RUN (MOTR) (CEU) HOA BOARD BASIC TRAINING CAI’S CA CID LAW COURSE COLUMBUS DAY - HOLIDAY LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV’S ANNUAL OKTOBERFEST CAI-CV ANNUAL MEETING & ELECTION CAI’S M-100: THE ESSENTIALS - SAN DIEGO (CEU)

31-2 1 11 12 14-15 15 19 21-23 22 28-29

THURSDAY-SATURDAY FRIDAY MONDAY TUESDAY THURSDAY-FRIDAY FRIDAY TUESDAY THURSDAY - SATURDAY FRIDAY THURSDAY-FRIDAY

CAI’S M-100: THE ESSENTIALS - SAN DIEGO (CEU) ASSISTANT MANAGER ON THE RUN (CEU) VETERANS DAY - HOLIDAY HOA BOARD BASIC TRAINING CAI’S M-204: GOVERNANCE - SANTA ANA (CEU) LEGISLATIVE UPDATE & MINI TRADE SHOW (CEU) CAI-CV BOARD MEETING CAI’S M-100: THE ESSENTIALS - PALM DESERT (CEU) CAI’S M-202: COMMUNICATIONS - SAN FRANCIS CO (CEU) THANKSGIVING - HOLIDAY

6 6 6 19 23-25 30-31

FRIDAY FRIDAY FRIDAY THURSDAY MONDAY - WEDNESDAY MONDAY - TUESDAY

BOARD LEADERSHIP DEVELOPMENT WORKSHOP MANAGER ON THE RUN (MOTR) (CEU) CAI-CV ANNUAL HOLIDAY MIXER CAI-CV BOARD MEETING CHRISTMAS - HOLIDAY NEW YEAR’S - HOLIDAY

1 10 24

WEDNESDAY FRIDAY FRIDAY

NEW YEAR’S - HOLIDAY CAI’S CMCA EXAM & PREP COURSE CAI-CV 2019 AWARDS & MONTE CARLO NIGHT

AUGUST

SEPTEMBER

OCTOBER

NOVEMBER

DECEMBER

JANUARY 2020

PHONE: (760) 341-0559 FAX: (760) 341-8443 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV EMAIL: ADMIN@CAI-CV.ORG WWW.CAI-CV.ORG

11

FEATURE

How to Successfully Update Your HOAs Governing Documents

By Kumar S. Raja, Esq.

D

oesn’t it seem that there is always a need to update your community association’s governing documents for one, if not more, of the following reasons: to incorporate new HOA laws; to retype the language because the original text appears as if it was written in the Stone Age; and to delete outdated provisions which are no longer necessary.

The purpose of this article is to outline general considerations for boards and management to review before embarking on the process to update your HOA’s governing documents by amending and restating the CC&Rs or approving an amendment to the HOA’s current CC&Rs (collectively, “CC&R Update”).

Subject to a few exceptions set forth within the Civil Code, member approval will be necessary for a CC&R Update (Civil Code §4270(a)(1)). Most sets of governing documents state that CC&R Updates must be approved by sixty-seven percent (67%) of the members. Achieving that “super-majority” approval by the membership can be a challenge, particularly in communities where large numbers of homeowners do not routinely participate in HOA affairs.

Accordingly, boards and management must carefully weigh the cost and time investment associated with a CC&R Update project against the possibility of membership approval. CC&R updates will require a significant investment of resources in terms of preparing the

12

Quorum November, 2018

amendment language (legal expense) and then sending the amendment materials to the membership (copy and postage expense), among other things.

To that end, there are a few key factors that should be examined before a decision is made to update an HOA’s governing documents.

IS YOUR COMMUNITY SUBJECT TO MEMBER APATHY? If so, boards and management should reflect upon the decision to spend association resources on a CC&R Update project. Imagine the conversation with the membership when attempting to justify the cost of a CC&R Update after receiving only seven (7) ballots. A good measure of community apathy is to look back at recent director elections.

If quorum has been reached at annual member meetings, then your community may be well-positioned to approach the membership for approval.

WHAT IS THE INTENT OF THE CC&R UPDATE? Understanding why the board wishes to proceed with a CC&R Update can be useful because it would provide management and the legal practitioner with an opportunity to develop the best course of action for the board’s consideration.

For example, an identification of the board’s objectives might eliminate the need for the CC&R Update altogether because legal counsel could potentially achieve the board’s goals through an operating rule adoption or revision.

Unlike CC&R amendments, operating rule changes can be approved by the board without member approval subject to at least a 30-day member notice and comment period (Civil Code §4360) (Note: Effective January 1, 2019, that general notice period will be at least 28 days as a result of SB 261 which revised Civil Code §4360).

Under Civil Code §4355, an HOA can adopt operating rules relating to a broad range of community issues, such as common area use, member discipline, and ADR procedures. A common belief is that CC&R Updates are necessary to incorporate significant policy matters, such as election rule and architectural guideline changes. However, those topics are considered to be operating rule subject areas, and therefore, could be incorporated into the governing documents by way of an operating rule

FEATURE without member approval provided that they do not conflict with the current language of the CC&Rs.

can then later be incorporated into a single amended and restated declaration without member approval.

documents, Civil Code §4205 (a) provides that the law shall prevail. Should the legislature adopt new HOA laws that potentially conflict with the govCC&R UPDATE STRATEGY UPDATING GOVERNING erning documents, those new laws CONSIDERATIONS DOCUMENTS TO REFLECT will likely supersede the governing CURRENT HOA LEGISLATION? When a decision is made to perform documents unless otherwise provided a CC&R Update, it is often believed that Community association law is con- by the text of the statute. An example an A to Z revise is necessary where all stantly evolving and expanding. On an of that sort of text is set forth in Civil new California laws are to be incorpo- annual basis, the California legislature Code §4775 (revised by AB 968, effective rated into the CC&Rs, code references passes new legislation that is designed January 1, 2017) (Association and Owner are updated, and outdated provisions to benefit HOAs and homeowners Maintenance Responsibilities) which are removed. Member approval of such throughout the state. Does that mean seeks to address ambiguities between comprehensive updates can be harder that HOAs should consider amending the Civil Code and governing documents to achieve because many homeowners their governing documents to reflect by including the following language: do not have the time to comprehend the those new changes on a regular basis? “Unless otherwise provided in the decproposed ballot and amendment materi- The answer is, not necessarily; other- laration…”. Resolving application of als which typically include several pages wise, community associations would new HOA law to HOA governance and of documents. To avoid questions of interpretation immediate filing of the between statutory law and "Diagnosing the core purpose behind same into the round filing an HOA’s governing docucabinet (i.e. waste basket), ments should be referred to a proposed update to the governing HOAs may want to consider the HOA’s general counsel documents is critical to identifya more strategic approach for a legal opinion. to secure homeowner Diagnosing the core ing creative solutions ... the HOA approval for an update purpose behind a proposed should develop a clear strategy to requiring homeow ner update to the governing approval. documents is critical to maximize the possibility of member One approach is to identifying creative soluapproval by evaluating the existence amend and restate the tions that might be availCC&Rs by targeting one (1) able for the board’s review. of member apathy and then idenor two (2) pressing issues If a CC&R Update requirtifying the most important issues which are most important ing member approval is to the community or which necessary, the HOA should facing the community at that time." are historically present, in develop a clear strategy to lieu of a comprehensive maximize the possibility update. Examples include increas- be burdened by the financial expense of member approval by evaluating the ing violation fine amounts, reducing of endless CC&R Updates. existence of member apathy and then quorum requirements, or removing HOAs might be able to address recent identifying the most important issues the cumulative voting provision. By changes in the law by adopting reason- facing the community at that time. focusing on a few select items, the HOA able operating rules. For instance, Kumar S. Raja, Esq. is a senior is potentially increasing the probability policies relating to “Solar Energy litigator with the Tinnelly Law of a successful member-approved CC&R Systems” and “Rights of Assembly and Group. Mr. Raja handles a Update because the ballot measure has Non-Commercial Speech” are becomwide variety of the firm’s been presented to the homeowners in ing more common in the HOA space in litigation and general counsel matters. relatively clear and simple terms. The response to AB 634 and SB 407, respecWith offices throughout the state of HOA can consider a series of individual tively, both of which became effective California, the Tinnelly Law Group has CC&R amendments over a period of on January 1, 2018. exclusively represented community time (e.g. bi-annual or annual basis) if Typically, new legislation is designed associations for the last thirty (30) years. several CC&R Updates are considered to supplement or clarify HOA indus- You can reach Kumar at (949) 484-4223 to be important to the community. For try practice. In the event of conflicts or kumar@tinnellylaw.com. ease of reference, those amendments between the law and the governing CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

13

Our Services:

• Asphalt Repair, Patching & Crack Seal • Asphalt Removal & Replacement • All types of Slurry Seals,

Pavement Coatings & Striping

• ADA Compliance

Serving all of Southern California since 1981!

760.327.0800 14

amspaving.com

760-250-6232

Peggy@PeggyRedmonLaw.com

CA LIC. #907600 AZ LIC. #286198

www.brsroofing.com

•Landscape Management •Arbor Service •Landscape Design •Landscape & Hardscape Installation •Water Conservation Specialist •Growers of Exotic Palms & Desert Accents

We value and respect your landscaping investment and are dedicated to you and your satisfaction.

Phone: 760- 343-0162 • Fax: 760-343-4804 P.O. BOX 265 Thousand Palms CA 92276 Email: office@proland-inc.com

www.prolandscapingca.com

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

15

Meet the Chapter Leadership

By Sierra Carr, CMCA Holly Smith Holly’s property management career started with the Department of Housing and Urban Development (HUD) where she received several property management designations from HUD. After 12 years at HUD, Holly enjoyed a year of traveling around the country participating in Renaissance fairs while she considered career options.

She started in the HOA industry three years ago as a management assistant. While she didn’t have direct HOA management experience, she had property management experience from HUD and had served as a director and board president for her community, the Tara Glen Association. She went to work with CAI-CV manager member, Lisa Glogow, AMS, in 2015. In 2016, the two of them joined PowerStone Property Management where they were tasked with setting up and managing the company’s newest satellite office in Palm Desert.

Holly quickly completed the requirements needed for the CMCA designation and is currently working toward obtaining her AMS. She hopes to achieve her PCAM designation within the next two years.

Holly has been a member of CAI-CV for three years and said her membership has been instrumental in her professional growth.

16

Quorum November, 2018

Chair, Oktoberfest Committee Co-Chair, Membership Committee By participating in the Chapter’s educational and networking opportunities, Holly said she realized that CAI-CV truly follows through with their commitment to provide resources and education that directly enhance their member’s career potential.

Holly said the reason she serves on the Oktoberfest and Membership Committees is to give back to the organization and help other managers prosper. Holly enjoys the opportunities to help the Chapter and create a little fun for the committees while they focus on chapter growth. These committees are lucky to have her serving in a leadership capacity.

If Holly hadn’t found the association management industry, you may have found her digging in the dirt at some remote archeological site. She said she has a fascination with Roman and Egyptian history and would have enjoyed being an archeologist. Along with historical interests, she likes to cook, drink good wine, and spend time with her friends, family and her fur babies. She dreams of someday hiking the Pacific Crest Trail and visiting historical sites around the world.

Sierra Carr, CMCA, is the comptroller for Trilogy at La Quinta and works for FirstService Residential.

She can be reached at (760) 702-3038 or by email at scarr@mytlq.com.

EVENTS FEATURE

The Top Ten Things You Need to Know About the New Department of Fair Employment and Housing Regulations

By Janet L.S. Powers, Esq. CCAL

T

he California Department of Fair Employment and Housing (DFEH) has adopted Regulations on Fair Housing for the first time in the history of our State.

These Regulations will become effective on January 1, 2019, and will specifically cover and regulate community associations (which will be referred to as HOAs in the Regulations). Managers and management companies will also be covered and regulated.

On October 26, 2018, Senior Legal Counsel for the DFEH, Gregory J. Mann, Esq., and I spoke at the Chapter's luncheon on this topic. There were some great questions, which we will cover in a future article on the DFEH complaint and response process in a future edition of Quorum.

Here are the top ten things we covered that you need to know about the new DFEH regulations.

Those are as follows:

1

Associations are now specifically covered by the Regulations, including associations, managers, and management companies.

2

The Regulations interpret and clarify the various fair housing laws in California, including discrimination against members of protected classes. Protected classes include race, color, religion, national origin, religion,

sex (including pregnancy, childbirth, and other medical conditions), disability, age (40 and older), genetic information, marital status, sexual orientation, gender identity and expression, AIDS/ HIV, medical conditions, citizenship and language.

associations may also have vicarious liability for a discriminatory housing practice by an employee or agent regardless whether the association knew or should have known of the discriminatory conduct if the association has control and can take action regarding the situation.

Community associations may also have liability for harassment and retaliation because of membership in a protected class, including quid pro quo harassment, hostile environment harassment and for retaliation against persons engaging in "Protected Activities" such as filing a DFEH complaint.

4

3

Associations have potential liability for discriminatory housing practices, including direct liability and vicarious liability. If community associations fail to take prompt action to end a discriminatory housing practice by the association, an employee or an agent, where the association knew or should have known of the discriminatory conduct, there is potential direct liability for the association. Community CAI-CV.org

Community associations may not discriminate against persons based on disabilities, and must allow persons with disabilities to request reasonable accommodations, including being allowed to have assistance animals.

"Disability" is defined under California law as a condition that limits major life activities including physical and mental disabilities. "Assistance animals" are defined in the new Regulations to include both service animals and support animals. "Service animals" are animals that are trained to perform specific tasks to assist persons with disabilities, including persons with mental health disabilities. Service animals do not have

facebook.com/CAICV

twitter.com/CAI_CV

17

EVENTS FEATURE to be professionally trained or certified requests for reasonable accommodations reasonable time to respond. But assoand may be trained by the person with of disabilities. These requests can be ciations cannot wait 30 days for the next the disability or another person. Service written, or oral. If a person is disabled board or committee meeting to respond, animals include: guide dogs, signal dogs, and cannot prepare a written request, the so all such requests should be flagged service dogs, miniature horses, and association should be prepared to take the and expedited for immediate review and service animals in training. "Support request verbally. The request can come consideration. animals" include animals that provide from the individuals with disabilities or If additional information is needed emotional, cognitive or other for the association to process support to persons with disthe request, that information abilities. Support animals do not should be requested as soon as have to be trained or certified, possible by the association after and are also knowns as "emoit receives the request. tional support animals," "therapy Associations must also be animals," "comfort animals." prepared to receive and process Important take-aways under requests for reasonable accomthe new Regulations regarding modation of visitors/guests assistance animals are that with disabilities, e.g. assistance these animals are not pets. There animals, ramps, parking spaces, can be no fee or charge for assisetc. tance animals, including paying increased costs for insurance, The verification of disdeposits, extra charges, etc. A ability process is covered person with a disability may by the new Regulations. have more than one assistance Community associations must animal if they provide requests review the request for an accomand reliable verification for each modation and determine that: animal. There are no breed, A) The person is disabled and B) size or weight limitations on assistance an authorized representative. Requests there is a need for the reasonable accomanimals. The DFEH will not consider can be made at any time, including after modation requested which is reasonably online certificates, vests, identification a person with a disability moves into the related to the disability ("nexus"). cards to be "reliable" documentation association with the assistance animal.

If the disability is apparent or known of a disability or of the need for the Individuals with disabilities may make to the association and if the need for the accommodation. Instead, a relationship more than one request and may request requested accommodation is apparent or between the person with the disability multiple types or numbers of reasonable known, the association may not request and the person providing the reliable accommodations of disabilities. For additional information. For example, a verification will be required. example, a person may request a ramp person is in a wheelchair and requests Assistance animals cannot consti- and an assistance animal. a ramp so she can access her unit from tute a direct threat to health or safety as Community associations may adopt the common area parking. specifically defined in the Regulations. formal procedures for requests and veriIf the disability is apparent or known However, a generalized fear or to the association, but the need stereotype of an animal is not for the requested accommoda"COMMUNITY ASSOCIATIONS MUST BE sufficient to constitute a direct tion is not apparent or known, PREPARED TO RECEIVE REQUESTS FOR threat. Associations may impose then the association may REASONABLE ACCOMMODATIONS OF reasonable conditions, including request additional informaDISABILITIES." cleaning up waste, not constituttion that describes the needed ing a nuisance, etc. accommodation, and shows fication, but can't require a certain form the nexus between the disability and The process of requesting a reason- or particular procedure. Associations how the requested accommodation is able accommodation is addressed must consider the request in the timely necessary to afford the individual with in the new Regulations. Community manner and cannot delay responding. the disability equal opportunity to use associations must be prepared to receive A week would be considered to be a and enjoy the dwelling or common

6

5 18

Quorum November, 2018

EVENTS FEATURE supportive services or supported areas. For example, if the person is in a are not subject to the Americans With living services providers; wheelchair and requests to be allowed Disabilities Act (ADA), the person to have a boa constrictor, the association requesting the reasonable accommoda5. Any other reliable third party can then request additional information tion must pay for the accommodation. who is in a position to know about how the boa constrictor would However, if the person requesting the about the individual’s disability reasonably accommodate her disability. reasonable accommodation advises the or disability-related need for If the disability is not apparent association that he/she cannot or known to the association, then afford to pay for the accommoda"THE ASSOCIATION CANNOT ASK FOR the association may request only tion, and requests that the associaDIAGNOSES, MEDICAL CONDITION, information that is necessary to tion pay for the accommodation, MEDICAL RECORDS, ETC." establish the individual has a disthe association will need to make ability, describes the needed accomthis determination. This decision should the accommodation. According modation, and shows the nexus between take into consideration the cost of the to the Regulations, this could the disability and how the requested requested accommodation and the include a relative caring for a accommodation is necessary to afford association's financial resources. Larger child with a disability, a relative the individual with the disability equal associations with greater resources caring for an elderly family opportunity to use and enjoy the dwellcould be expected to make accommodamember with dementia, or others ing or common areas. tions requiring greater expense or effort in a caregiving relationship The association cannot ask for diagnothan smaller associations with fewer with a person with a disability. ses, medical condition, medical records, resources.

The determination of whether a third etc. Depending on the individual’s party is "reliable" must be determined IN REVIEWING AND ANALYZING circumstances, the DFEH believes that on a case-by-case basis.

THE REQUEST, ASSOCIATIONS information establishing that MUST CONSIDER THE the individual has a disability FOLLOWING: may be provided directly by • The benefits of the the individual with a disability accommodation to the through a variety of means, such person with the disability; as a credible statement or docu• The availability of mentation of receipt of disability alternative accommodations benefits. that would effectively meet A credible statement is one the disability related needs of that a reasonable person would the person with disability; believe based on the available information.

• There is no disabilityInformation confirming that related need for the requested the individual has a disability, accommodation (in other or confirming that there is a words, there is no nexus disability-related need for the between the disability and the accommodation, may also be requested accommodation); provided by a reliable third party • The requested who is in a position to know accommodation would about the individual’s disabilconstitute a fundamental ity or the disability related need for the alteration of the services or requested accommodation, including: Community associations may only operations of the association; deny a request for a reasonable 1. A medical professional; • The requested accommodation accommodation under limited circum2. A health care provider, including would impose an undue stances. Those circumstances include: A) the office of a medical practice financial or administrative The individual is not an individual with a or a nursing registry; burden on the association; or disability or B) The request would be an 3. A peer support group; • The requested accommodation undue financial or administrative burden would constitute a direct 4. A non-medical service agency on the association. threat to the health or safety or person, including in-home Generally, because most associations

7

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

19

EVENTS FEATURE use by community associations.

Community associations cannot use Community associations have criminal history information to discrimipotential liability for discriminate. Corporations Code Section 7221(a) nation based on effect, and impact allows the board to remove a director who ("Discriminatory Effect" or "Disparate has been convicted of a felony.

Impact"). Practices with discriminaCommercial crime/employee distory effect include actions which result honest y coverage (fidelit y "THE DFEH COUNCIL WILL BE bonds) may not allow persons WORKING ON ADOPTING ADDITIONAL convicted of a felony to be Community associations HOUSING REGULATIONS IN THE covered under those insurmust engage in the "interFUTURE IN OTHER AREAS THAT ARE ance policies. However, under active process" before denying IMPORTANT TO ASSOCIATIONS." the new Regulations, prior to a request. After a request for a removal of a director for a felony reasonable accommodation is received, in disparate impact on individuals or conviction, the board must conduct and if it is not promptly granted, the groups that create, increase, reinforce, or an individualized assessment of that association must engage in a timely, perpetuate segregated housing patterns, director's circumstances and not adopt good faith interactive process with the based on membership in a Protected a bright line test that a director will be individual with a disability or his/her Class. A discriminatory effect may exist removed for any felony conviction. authorized representative to identify, even if only a single person suffers harm evaluate or implement an effective rea- from the practice. For example, a group CONCLUSION sonable accommodation. of residents claim that the association The Regulations are important new The Interactive Process is a meeting only rents the clubhouse out to persons interpretative tools and will provide where the association and the person guidance for associations conwith the disability talk about cerning certain areas, including the accommodation requested disabilities, assistance animals and try to work out a reasonand criminal background able resolution. Engaging in history. The DFEH Council will the Interactive Process will be be working on adopting addikey to protecting the association tional Housing Regulations in and management from liability the future in other areas that are in potential DFEH complaints important to associations. We and lawsuits. It is important will keep you apprised of future to keep talking and keep the rulemaking that may impact lines of communication open. your associations.

Associations should carefully document the attempts to talk Janet L.S. Powers, and communicate in writing Esq., CCAL, is a senior concerning the dates, and what shareholder at Fiore was accomplished at the actual Racobs & Powers’ interactive sessions. An interOrange County office. She is a active meeting is not a hearing member of the prestigious or Internal Dispute Resolution College of Community Association Lawyers of CAI (IDR) (but it is like the IDR meet (CCAL) and has over 30 years of experiand confer process) The DFEH position who are Asian, but not to persons who ence practicing community association is that the one who stops talking will be are Latino. The statistics show that the law. The Palm Desert office of Fiore suspect if there is a complaint filed. So association rents equally to all races. This Racobs & Powers can be reached at keep talking! would not constitute disparate impact (760) 776-6511, or you can contact discrimination.

Ms. Powers directly atjpowers@fiorelaw. com. Visit www.fiorelaw.com for more The new Regulations cover information. criminal history information of others (i.e. a significant risk of substantial bodily harm) or would cause substantial physical damage to the property of others, and these risks cannot be sufficiently mitigated or eliminated by another reasonable accommodation.

9

8

10

20

Quorum November, 2018

Call Us Today: 888-211-5332 We make every vote count!

Complete Election Administration for Community Associations With our long-standing expertise, in-house capabilities and trained staff and inspectors, we provide your association with the most efficient and cost-effective election than can be conducted by any other resource, when our services are compared in an apples-to-apples manner.

Request a Quote Today: www.theinspectorsofelection.com

Dear CAI-CV Members, Thank you to all who participated in the CAI-CV elections. The results were announced by the third-party elections administrator, The Inspector of Elections, at the Chapter's Annual Meeting last week. There were eight candidates running for three Director positions, each for threeyear terms beginning January 1, 2019. We are grateful to all the candidates for their dedication and support of CAI-CV and hope they will run again in future elections.

THE WINNERS ARE:

s V n -C tio I c A e C El ers n 8 n 1 i 0 2 W

CAI-CV President Gen Wangler, Esq., CCAL (Incumbent elected to a second term) Fiore Racobs & Powers, A PLC (Business Partner Member) CAI-CV Director, Cardinal Ambrose, PCAM (Incumbent elected to a second term) Vintage Group (Manager Member) CAI-CV Member, Micha Ballesteros, WRT, ASD, FSRT, EBP (elected to first term) Flood Response (Business Partner Member) Directors may serve up to two three-year terms.

If you have questions or suggestions about CAI-CV's election process, please call the office at 760-341-0559.

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

21

CHAPTER EVENTS

October 26, Educational

Lunch Program and Mini Trade Show

22

Quorum November, 2018

CHAPTER EVENTS

The Top Ten Things You Need to Know About the New Department of Fair Employment and Housing Regulations GUEST SPEAKERS

Gregory J. Mann, Esq. Senior Counsel California Department of Fair Employment and Housing

Janet L.S. Powers, Esq., CCAL Senior Shareholder Fiore Racobs & Powers, A Professional Law Corporation

Thanks to our Sponsors MEMBERSHIP SPONSOR Prendiville Insurance Agency

PROGRAM BOOTH SPONSORS Albert Management Ben's Asphalt BPR, Inc. BRS Roofing Inc. CBCI Construction, Inc. Conserve LandCare Diversified Asphalt Products Dunn-Edwards Corporation Flood Response Horizon Lighting Inc. Hort Tech Landscape Nissho of California, Inc. NPG Asphalt O'Connell Landscape Painting Unlimited, Inc. Prendiville Insurance Agency Roof Asset Management S. B. S. Lien Services Securitas Sherwin-Williams Paint Company Shetler Security Services Three Phase Electric Vintage Associates, Inc. Western Pacific Roofing

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

23

REAL ROOFING KNOWLEDGE FOR REAL ROOFING SOLUTIONS

Inc.

Spray Polyurethane Foam Systems Roof Repairs

Tile Systems

Roof System Maintenance

Shingle & Shake Systems

Budget Reserves

Consulting

760 813 9999 w w w . R A M R O O F. c o m

C OAC H E L L A VA L L E Y C H A P T E R

A SS O C I AT I O N S I N ST I T U T E

YOUR AD

HERE admin@cai-cv.org | (760) 341-0559

24

Quorum November, 2018

Turning Common Interests Into Common Ground

General Legal Counsel Governing Document Amendments Legal Opinions Contracts Dispute Resolution Civil Litigation Enforcement Insurance Coverage/ Bad Faith Construction Assessment Collections

866.788.9998 HOAattorneys.com

2018 CHAPTER AWARD NOMINATION FORM 2018 Mad Hatter Awards & Monte Carlo Night

3) Special Event Committee of the Year A CAI-CV event committee that has achieved a high level of success, reaching their committee goals and helping the chapter realize its vision.

Choose from: Awards Committee for the January 26, 2018 Awards and Monte Carlo Night at Agua Caliente Bowling Committee for the June 29, 2018 Wild West Bowling Tournament at Palm Springs Lanes Business Partner Committee for the June 15, 2018 Summer Sizzler at the CAI-CV office and the December 7, 2018 Holiday Open House at Palm Valley Country Club Golf Committee for the April 27, 2018 Spring Golf Tournament at Desert Falls Country Club Oktoberfest Committee for the October 12, 2018 Oktoberfest at Sunshine Landscape

S AS TY

4) Operations Committee of the Year A CAI-CV operational committee that has achieved a high level of success, reaching their committee goals and helping the chapter reach its vision.

Choose from the: CLAC Legislative Support Committee Communications Committee Education Committee Homeowner Leader Committee Membership Committee Professional Managers Committee Programs Committee Public Relations Committee Quorum Committee Volunteer Committee 5) Community Association Onsite Manager of the Year A CAI-CV onsite manager member who has worked to promote professionalism in the CID industry through their volunteer work with CAI. This award is for managers who are dedicated to serving only one community, regardless of their work location.

NAME

6) Community Association Portfolio Manager of the Year A CAI-CV portfolio manager member who has worked to promote professionalism in the CID industry through their volunteer work with CAI. This award is for managers who serve more than one community.

COMMUNI

VALLEY

NAME

EC O

LA

2) Distinguished Service Award A CAI-CV member who has gone above and beyond to help the chapter meet its goals and objectives for 2018.

NS INSTITUT

EL

NAME

TIO

CH

On Friday, January 25th, CAI-CV will host the 2018 Chapter awards ceremony.

Each year, CAI-CV recognizes members who have provided outstanding service to the Chapter and industry. Please send us your nominations to be considered for these ten Chapter awards. Each nominee must be submitted on a separate form.

Award recipients will be selected by a committee of the CAI-CV Board, committee leadership and the Chapter CED. Nomination forms must be turned in to the CAICV office by 5:00 p.m. on Friday, January 4, 2019 to be considered. They may be mailed to CAI-CV, 75410 Gerald Ford Drive, Suite 102, Palm Desert, CA 92211 or faxed to (760) 341-8443, or scanned and emailed to admin@cai-cv.org.

1) Lifetime Achievement Award A CAI-CV member who has provided outstanding volunteer service to the chapter for multiple years. This member will have contributed substantially to the chapter’s efforts to reach its vision and goals in the Coachella Valley.

O

A CI

A

Friday, January 25, 2019, 5:30 PM (Reservations available at CAI-CV.ORG) Omni Rancho Las Palmas Resort & Spa, Rancho Mirage

2 01

8 AW ALA A R DS G

7) Community Association CID of the Year A CAI-CV community association member that exemplifies excellence in common interest development (CID) operations, education and service to its homeowners and has participated in CAI’s educational programs and fundraising efforts for CLAC. NAME

8) Homeowner Leader of the Year A CAI-CV homeowner leader member who promotes community association board level education and professionalism within the CID industry and who has helped CAI-CV reach its goals and vision.

NAME

9) Business Partner of the Year A CAI-CV business partner member (company) that has provided time and resources to help the chapter reach its goals and objectives in 2018.

NAME

10) Educated Business Partner of the Year A CAI-CV Educated Business Partner member (individual) who has provided time and resources to help the chapter reach its goals and objectives in 2018.

NAME

NAME

Wine Committee for the March 23, 2018 Corks for CLAC at Shields Date Gardens and the July 19, 2019 Day at the Races at the Del Mar Thoroughbred Club CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

25

TE

SAVE THE DATE! CO

CAI-CV Annual Awards and Monte Carlo Night

CH

AS

S

INSTITU

A

O

A CI

NS TIO

VALLEY

COMMUNI

LA

TY

EL

The Mad Hatter Ball Friday, January 25, 2019 5:30 p.m.

Omni Rancho Las Palmas Resort & Spa

201 8

Chapter Awards Ceremony

A A W A R D S GA L

Specialty Cocktails Award-Winning Cuisine Unlimited Gambling

AWARDS & MONTE CARLO TITLE SPONSOR Flood Response

PLATINUM SPONSORS Albert Management Allied Universal Associa Desert Resort Management Flood Response MRC - Smart Technology Solutions A Xerox Company NPG Asphalt O'Connell Landscape Powerstone Property Management Roof Asset Management Western Pacific Roofing

BLACKJACK TABLE SPONSOR

AVAILABLE LIMIT 2

Green Bryant & French

ENTERTAINMENT SPONSOR

ROULETTE SPONSOR

LaBarre/Oksnee Insurance Agency

Roof Asset Management

PHOTOGRAPHY SPONSOR

CRAPS TABLE SPONSOR

Peters & Freedman

AVAILABLE LIMIT 1

SPECIALTY COCKTAIL SPONSORS

SPECIALTY GAMING SPONSOR

BRS Roofing Farley Interlocking Pavingstones

CANDY BUFFET TABLE SPONSORS

Fiore Racobs & Powers

O'Connell Landscape Vantage Point Construction Western Pacific Roofing

SILVER SPONSORS

VALET SPONSOR

Epsten Grinnell & Howell PatioShoppers

Asphalt MD's

BRONZE SPONSORS

AVAILABLE LIMIT 1

Frazier Pest Control LaBarre/Oksnee Insurance Agency

CHIPS SPONSOR

GOLD SPONSOR

26

AWARDS SPONSOR

Quorum November, 2018

CARD SPONSOR

Sunshine Landscape

EmpireWorks

TRIPLE SHOT BONUS SPONSOR AVAILABLE LIMIT 1

GRAND JACKPOT SPONSOR AVAILABLE LIMIT 1

FOOD SPONSORS CBCI Construction PrimeCo

SCHOLARSHIP SPONSOR BRS Roofing

CLAC SPONSOR Seacoast Commerce Bank

SPONSORSHIPS AVAILABLE AT WWW.CAI-CV.ORG

CAI-CV

2018 PLATINUM SPONSOR SPOTLIGHT

During the past 10 years, Signarama has been an active and proud business partner of CAI-CV. We have gained both business and personal relationships with many CAI-CV members and have learned firsthand that CAI-CV is much more than a “networking” group.

C.A.I. members mostly know SIGNARAMA as producers of “compliant” pool and spa signs, entry gate signs and street signs. But, we are also specialists with ADA signs, custom wall signs in acrylic, metals and other substrates and we offer creative design services and products for special events. Our staff is properly licensed, insured with general liability and sensitive to all budget and timing requirements.

For over 30 years Signarama has been a trusted source for signage of all kinds. We are proud of our work that is seen in communities all around the Coachella Valley, including monuments, vehicle graphics, electrical and exterior signage. Let us help you and your communities with your next sign project, large or small.

Please contact Richard or Jeff at 760-776-9907 or at info@pdsignarama.com

Thank you to Signarama for their generous support of CAI-CV! CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

27

BOARD MEMBER WORKSHOPS

By Bruce Latta, CMCA, Chair, CAI-CV Homeowner Leader Committee

C

AI-CV’s mission is to provide education, training and networking opportunities to community associations board members, committee volunteers and other homeowner leaders. After surveying its membership, the Chapter developed the Board Member Workshops (BMWs), monthly meetings for homeowner leaders to help pass along best practices, updates on legislation, regulations and case law, and that also provide the opportunity to share insights with board members from other communities.

In January, the Chapter formed the Homeowner Leader Committee to help our homeowner leader members to anticipate issues, solve problems, protect property values and help them meet the expectations of their residents. Realizing that community leaders are volunteers who take on positions of service and responsibility, CAI-CV is focused on helping our members build harmonious communities.

On December 7th, CAI National will offer the Board Leadership Development Workshop. The program will be all day at Palm Valley Country Club and will provide a review of the roles and responsibilities of community association leaders. It also teaches board members about communications with association residents, about hiring qualified managers and service providers, how to develop enforceable rules, how to interpret governing documents and much more.

The workshop will give board members an overall education on what being a board member means. The workshop consists of five modules: 1. Governing Documents and Roles & Responsibilities

2. Communications, Meetings and Volunteerism 3. Fundamentals of Financial Management 4. Professional Advisors and Service Providers 5. Association Rules and Conflict Resolution Topics will include insurance, maintenance, rules development and enforcement, budgeting and community participation. Attendees will receive a basic understanding of what their role is as a volunteer board member for their association.

28

Quorum November, 2018

The workshop also teaches members how to become a more successful board member and how to recruit and support new volunteers to help get the work done. There’s a review of the role of the board, the president and other leadership positions, and you will learn effective ways to work with professional managers and service providers.

It doesn’t matter if you are a newly elected board member or a veteran, the workshop is designed to help. Are there issues you want to know more about? Do you want a better understanding of the financial reports and reserve accounts?

Do you need to know more about the Civil Code? What does Davis-Stirling require? Or do you want to hear about recent industry case law that could change the way you do business?

If as a board member or volunteer, you have felt you needed more information, then this workshop is for you.

You'll leave the workshop with new ideas, solutions to problems, handouts for future reference and the knowledge that there are more resources and people available to help you with your leadership responsibilities.

If you are not available on December 7th, the workshop is also available as an online course. The online course video portion totals about 4 hours and 15 minutes. It’s a 120-day subscription that you can stop/start or playback the video as needed. Both workshops provide support materials that include: • The Board Member Tool Kit • The Board Member Tool Kit Workbook • Community Association Leadership: A Guide for Volunteers • Managing & Governing: How Community Associations Function, by Clifford J. Treese • The Homeowner & the Community Association brochure • From Good to Great: Principles for Community Association Success brochure

HOA Education for Board Members, Committee Chairs and Homeowner Volunteers CAI-CV EDUCATIONAL EVENTS REQUIRE AN RSVP, EITHER ONLINE AT WWW.CAI-CV.ORG OR CALL THE CAI-CV OFFICE AT (760) 341-0559.

The advantage, however, to the live workshop on December 7th is there are opportunities to network and make contacts with fellow association leaders. Following the course, CAI-CV is hosting an “ask the attorney” roundtable session where you can ask any of your legal questions to a panel of esteemed and seasoned HOA attorneys.

Community leaders who complete the Board Leadership Development Workshop receive a certificate of completion and recognition on the CAI website.

The goal of CAI is to provide board members with the tools they need to build healthy, vibrant communities.

The 2018 Board Leadership Development Workshop will be held on Friday, December 7, 2018 at 8:00 AM at Palm Valley Country Club in Palm Desert. Register for the class online at www.cai-cv.org. It's $95 for members and $130 for non-members. The fee includes continental breakfast, lunch and an invitation to the Chapter Holiday Open House – full pasta dinner and dancing, immediately following the course. I encourage you to budget for board education and encourage your board and other volunteers to stay educated. Email Ashley Lisza at admin@cai-cv.org or call her at (760) 341-0559 if you have questions.

Bruce Latta, CMCA, is president of Parc La Quinta HOA, and is Chair of CAI-CV’s Homeowner Leader Committee. Bruce can be reached by email at plqhoablatta@gmail.com or by phone at (760) 285-5617.

CAI IS THE MOST TRUSTED SOURCE OF EDUCATION FOR COMMUNITY ASSOCIATION BOARD MEMBERS IN THE UNITED STATES AND ABROAD. FOR MORE INFORMATION ABOUT CAI, VISIT WWW.CAIONLINE.ORG OR WWW.CAI-CV.ORG.

NOVEMBER

WHAT: Board Basic Training WHEN: Tuesday, November 13, 2018 | 5:30 p.m. to 6:30 p.m.

TOPIC: Are You Covered? HOA Insurance WHERE: CAI-CV Office | 75410 Gerald Ford Drive, Suite 102, Palm Desert COST: Free w/RSVP

DECEMBER

WHAT: CAI’s Board Leadership Development Workshop WHEN: Friday, December 7, 2018 | 8:00 a.m. to 5:00 p.m.

TOPICS: Certificate Course (continental breakfast, lunch and wine reception included) Module 1: Governing Documents and Roles and Responsibilities Module 2: Communications, Meetings and Volunteerism Module 3: Fundamentals of Financial Management Module 4: Professional Advisors and Service Providers Module 5: Association Rules and Conflict Resolution Ask the Attorney Roundtable WHERE: Palm Valley Country Club, 39205 Palm Valley Dr., Palm Desert COST: $95 Members | $130 Nonmembers (Board member education may be covered by your HOA) (Join us for CAI’s Holiday Open House at Palm Valley Country Club at 5:30 p.m. for free)

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

29

CHAPTER EVENTS

30

Quorum November, 2018

CHAPTER EVENTS

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

31

MANAGERS' CORNER

MANAGERS' CORNER

By David Schuknecht, CMCA, AMS

CMCA Pen and Paper Exam Offered on December 7th

C

AI-CV is proud to announce that the CMCA (Certified Manager of Community Associations) test, administered by the CAMICB (Community Associations Managers International Certification Board), will be offered on December 7th at Palm Valley Country Club in Palm Desert. This is the second year in CAI-CV’s 37-year-history that the test has been offered locally. In the past, managers had to drive to Los Angeles, Riverside, San Diego or Orange County to take the test.

The pen and paper format does cost $50 more than the online examination but there is no travel involved. Other benefits include a review class that takes place prior to the exam to help managers prepare for the test. The review class is especially helpful for those who have worked in California their entire careers, given the test is geared to a national audience and some of the terminology is different than what we use here. This can make taking the national examination difficult.

The disadvantage to taking the test locally is that you will not get your exam results back for a few weeks. The computerbased examination provides results instantaneously but requires that you travel to a testing site. The closest site is in Redlands. The CAI website states that the wait could be 6-8 weeks but those of us who took the exam last December received our results much quicker.

CAMICB offers a study guide that is available online. To prepare for the exam, download the PDF that contains four sections, covering eight knowledge areas. The guide is 51 pages packed with key information for the exam. The eight knowledge areas are as follows: 1: Meetings 2: Governance and Legal Issues 3: Budgets, Reserves, Investments and Assessments 4: Financial Controls 5: Risk Management and Insurance 6: Property Maintenance

32

Quorum November, 2018

7: Contracting 8: Human Resource Management You can also purchase the CMCA study kit online at CAIonline.org for $72 for members or $120 for non-members.

In addition to addressing areas that will help you pass the CMCA exam, it also includes six volumes from the Guides for Association Practitioners (GAP) Series: • Drafting Rules: How Community Associations Maintain Peace & Harmony • Bids & Contracts: How to Find the Right Community Association Professional • Meetings & Elections: How Community Associations Exercise Democracy • Reserve Funds: How & Why Community Associations Invest Assets • Risk Management: How Community Associations Protect Themselves • Insurance: How Community Associations Protect Themselves Practice examinations are also offered through TesTrac. The cost to access the practice examination is $25 for one attempt or $40 for two attempts.

If you are interested in signing up to take the CMCA examination, you need to verify that you are eligible for the test.

Taking and passing CAI’s M-100 is a prerequisite but there are exceptions. If you have adequate experience or already hold the CCAM certification from CACM, you do not need to take the M-100.

If you have any questions or trouble signing up for the exam, call Cal Lockett at the CAI-CV office at (760) 341-0559.

David Schuknecht is a community manager for Personalized Property Management (PPM). He may be reached at PPM by phone at (760) 325-9500 or by email at David@PPMinternet.com

“Nature’s Work Force”

Design | Develop | Maintain 855.4.My.Habitat - 855.469.4224

CA License Number 963744

Customer: Bramuta Dunes | 42-765 Adams St, Bermuda Dunes, CA 92203 | Annual Landscape Maintenance

BILL FITZGERALD PRESIDENT SUNTECHROOF@GMAIL.COM SUNTECHROOFING.NET

CELL PHONE # 760.275.4749 42215 WASHINGTON ST, SUITE A #350 PALM DESERT, CA. 92211 OFFICE # 760.343.0091

CONTRACTORS LIC. #1010435

YOUR AD

HERE admin@cai-cv.org | (760) 341-0559 CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

33

MAINTENANCE

Legionella in Water Systems

By Susan Browne Rosenberg, CIH, CIEC, CHMM

L

egionella has been the focus of several local news reports this year. According to a story posted August 16, 2018 on the KESQ website, “The pool at the Four Seasons, 55+ community in Palm Springs, was supposed to be back open this month after testing positive for Legionnaires' disease in June.

However, the pool will now remain closed after testing positive for Legionnaires' again.” The key word here is “again.” The story reveals that the pool was closed for months during this past summer in response to a report of the disease in two residents and subsequent positive test results from the pool water.

So what is Legionella? Legionella is a bacteria with over 60 different species. They live naturally in rivers and fresh water lakes. The optimum temperature range where the bacteria thrives is 95 to 115°F. Below 68°F the bacteria is dormant.

Exposure to temperatures over 158°F kills the bacteria immediately. Hot water heated to at least 140°F (as in hot water heaters) kills 90% of the bacteria.

The symptoms of Legionnaire’s disease are similar to flulike symptoms. In the elderly (people over 65 years old), smokers and people with COPD, Diabetes or immunocompromised systems, the risk of exposure is much higher. Senior living housing units and nursing homes are particularly set up for concern. Exposure occurs when an individual is exposed to aerosolized droplets such as from showerheads, bubbling hot tubs and indoor fountains.

Reported cases are up four-fold since 2014. The Centers for Disease Control contributes this to several factors including better reporting, an aging population and increasing temperatures from climate change. The CDC also stated that they believe that nine in ten cases “could have been prevented.”

Does your community (HOA) maintenance plan include a Water Management System? These plans are now required in New York City in multiunit residential buildings over ten stories high with a centralized water heater system. In our Valley the only buildings potentially meeting this standard are the few high-rise hotels.

We do have a lot of pools and hot tubs here that need regularly scheduled maintenance and testing. The Riverside County Department of Environmental Health has an information bulletin on Disinfection of Hot Tubs contaminated with Legionella. But before you reach that point, please make sure that your community hot tubs are following guidelines for

34

Quorum November, 2018

“Operating Public Hot Tubs” by following pH and chlorine levels and other measures for hot tub safety. One of the points of order for HOA board discussion should include excluding children less than five years old from using hot tubs.

The November December 2015 issue of Common Ground published by CAI National had an article on Legionella after an outbreak in New York that claimed 12 lives and sickened more than 100 from a hotel cooling water tower. The article offered four prevention points to keep your community safe: • Identify and assess risks.

• Review regulations.

• Create a plan.

• Monitor compliance.

Testing the water for Legionella is easy, but must follow a strict protocol for collection and submission to a certified laboratory. Water samples must be processed the day after collection, so timing is critical. Desert Cities Indoor Air uses only CDC Elite Certified labs for this analysis. Swabs of filters, showerheads or other surfaces where there is a biofilm can also help locate and identify areas of concern. Samples should only be collected as part of a plan with maintenance staff. If someone has self-identified a case of Legionnaire’s disease, the local county public health department should be notified immediately. County staff may want to be involved with a sampling plan and may want to collect their own samples.

In summary, Legionnaire’s Disease is a serious, but preventable disease. See information from the Department of Health and Human Services on page 35 for more information.

Susan Browne Rosenberg, CIH, CIEC, CHMM, and CAI EBP, is president and co-owner of Desert Cities Indoor Air, LLC in Palm Desert, CA. Her company assists HOAs in assessing the extent of water damage and mold contamination. She can be reached at (760) 902-2545 or sbriaq@gmail.com.

EVENTS

OPERATING PUBLIC HOT TUBS BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES Low water volumes combined with high temperatures and heavy bather loads make public hot tub operation challenging. The result can be low disinfectant levels that allow the growth and spread of a variety of germs (e.g., Pseudomonas & Legionella) that can cause skin and respiratory Recreational Water Illnesses (RWIs). Operators that focus on hot tub maintenance and operation to ensure continuous, high water quality are the first line of defense in preventing the spread of RWIs. • Obtain state or local authority-recommended erator and chemical handling training. National training courses are listed at the page on certification, training, and education for professionals.

• Ensure availability of trained operation staff during weekends when hot tubs are used most.

• Maintain free chlorine (2–4 parts per million or ppm) or bromine (4–6 ppm) levels continuously.

• Maintain the pH level of the water at 7.2–7.8.

• Test pH and disinfectant levels at least twice per day (hourly when in heavy use).

• Maintain accurate records of disinfectant/pH measurements and maintenance activities.

• Maintain filtration and recirculation systems according to manufacturer recommendations.

• Inspect accessible recirculation system components for a slime layer and clean as needed.

• Scrub hot tub surfaces to remove any slime layer • Enforce bather load limits • Drain and replace all or portions of the water on a weekly to monthly basis, depending on usage and water quality.

Depending on filter type, clean filter or replace filter media before refilling the hot tub.

• Treat the hot tub with a biocidal shock treatment on a daily to weekly basis, depending on water quality and frequency of water replacement.

• Institute a preventive maintenance program to replace equipment or parts before they fail (e.g., feed pump tubing, sensor probes).

• Provide disinfection guidelines for fecal accidents and body fluid spills.

• Develop a clear communication chain for reporting operation problems.

• Cover hot tubs, if possible, to minimize loss of disinfectant and reduce the levels of environmental contamination (e.g., debris and dirt).

• Educate hot tub users about appropriate hot tub use.

ADDITIONAL HOT TUB SAFETY MEASURES • • • •

Prevent the water temperature from exceeding 104˚F (40˚C).

Exclude children less than five years old from using hot tubs.

Maintain a locked safety cover for the hot tub when possible.

Recommend that all pregnant women consult a physician before hot tub use, particularly in the first trimester.

• Prevent entrapment injuries with appropriate drain design and configuration.

Board Basic Training Has Another Hit

By Steven Shuey, PCAM

C

AI-CV is now offering on-going education for community association board members. The first class on Fiduciary Duty was offered in September and had good reviews from the 40 homeowner leaders who attended.

The second class in October focused on what board members need to know about association budgets and reserves and was taught by industry legend, Keith Lavery, PCAM, from Associa Desert Resort Management, and Mallory Paproth from SCT Reserves. This was not your theoretical "how to create a budget" class, it was a down to earth, "what you need to know as a board member" class. It was concise and to the point. They provided handouts that had specific information on what board members need to look for in certain financial documents they receive from their management and reserve analyst, to help them understand their budget needs. It was excellent. Reviews were over-the-top!

These training sessions are most often held on Tuesday evenings at the CAI-CV office. Check out the 2019 CAI-CV calendar on page 11 to find the dates for next year’s programs.

CAI intends to hold some form of board training every month.

The next class is scheduled for Tuesday, November 13, 5:30-6:30 PM. This class will cover insurance requirements for the HOA and will focus on new regulations that take place January 1, 2019.

On December 7th CAI will hold its annual Board Leadership Development Workshop, an all-day class conducted by an array our finest presenters. Community board members who attend will receive a certificate from CAI National.

Many of the classes are free to board members but some have a fee. Classes are always full so get your reservations in early.

Call the CAI-CV office for more information (760-341-0559). If you are not already receiving information on these opportunities via email or US mail, be sure to update your contact information either at the CAI-CV website (www.cai-cv.org) or send an email to admin@cai-cv.org.

Steven Shuey, PCAM, is a CLAC Delegate representing CAI-CV and serves on the national faculty of CAI. He is a community association consultant with Personalized Property Management and can be reached at IslandMgr@aol.com.

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

35

START THE HOL IDAY SEASON WITH CAI-CV’S AN N UAL

Holiday Open House & Charity Event BE NEFITIN G THE N ARR OW DOOR’ S CHRISTM AS STO RE

FRIDAY, DECEMBER 7, 2018 5:30 P.M.

• UGLY HOLIDAY SWEATER CONTEST • ORNAMENT DECORATING

Palm Valley Country Club 39205 Palm Valley Drive, Palm Desert

• DJ ENTERTAINMENT

HOLIDAY PASTA NIGHT

• HOLIDAY PHOTO BOOTH

Italian Buffet, Wine with Dinner, Door Prizes

• FULL CASH BAR – HOLIDAY COCKTAILS

FREE ADMISSION

GET YOUR COMMUNITY INVOLVED

Each year, CAI-CV collects gifts for underprivileged local children by asking our members and guests to bring gifts in lieu of buying a ticket. Spread the holiday cheer by bringing an unwrapped gift for a child between 8 and 16 years old for The Narrow Door’s Christmas Store.

You and your neighbors can volunteer this year at the Christmas Store by contacting TheNarrowDoor.org or by calling 760-775-6200. The Narrow Door is a faith-based nonprofit charity that works year-round to aid the Valley’s less fortunate of any faith.

BE A SPONSOR Register online at CAI-CV.ORG or call 760-341-0559

SAVE THE DATE — Also at Palm Valley Country Club on Friday, December 7, 2018 8:30 a.m. to 5:00 p.m. – CMCA Review & Exam (for managers) 4:00 p.m. to 5:00 p.m. – Manager on the Run (MOTR) (for managers) 8:30 a.m. to 5:00 p.m. – Board Leadership Development Workshop (for board members)

36

RSVP online at CAI-CV.ORG or call (760) 341-0559

Quorum November, 2018

CAI-CV

EDUCATED BUSINESS PARTNER

Choose Educated Business Partners

Become an Educated Business Partner

the Palm Springs

MONTHLY

Micha Ballesteros, Flood Response Rodney Bissell, Bissell Design Studios, Inc. Susan Browne Rosenberg, CIH, Desert Cities Indoor Air, LLC Kimberly Burnett, U.S. Security Associates Linda Cardoza, Alliance Association Bank Rick Cech, Roof Asset Management Todd Chism, Patio Shoppers Tiffany Christian, Epsten Grinnell & Howell, APC Adam Eves, EmpireWorks Lori Fahnestock, Powerful Pest Management Dea Franck, Esq., Epsten Grinnell & Howell, APC Julie Frazier, Frazier Pest Control, Inc. Elaine Gower, The Naumann Law Michael Graves, SCT Reserve Consultants Ronda Henry, SERVPRO of Palm Desert Matthew Hills, Securitas Security Services USA, Inc. Tim Hoss, BEHR & KILZ Paints & Primers Jennifer James, Green Bryant & French, LLP Megan Kirkpatrick, Kirkpatrick Landscaping Services Jared Knight, Vista Paint Corporation Cyndi Koester, PCAM, SwedelsonGottlieb Katy Krupp, Fenton, Grant, Mayfield, Kaneda & Litt, LLP Matt Lawton, CIC, 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, Vintage Associates Mike Murrell, Farmers Insurance - Mike Murrell Agency Matt Ober, Esq., Richardson Ober, PC Chet Oshiro, EmpireWorks Mallory Paproth, SCT Reserve Consultants Elisa Perez, Esq., Epsten Grinnell & Howell, APC Jay Powell, Ben's Asphalt Dana Pride, Automation Pride Kelly Richardson, Esq., Richardson Ober, PC Brent Sherman, Animal Pest Management Services, Inc. Brittany Smith, Vantage Point Construction, Inc. Kymberli Taylor-Burke, NPG Asphalt Liz Williams, AMS Paving Taylor Winkle, Roof Asset Management Bevan Worsham, AMS Paving Jolen Zeroski, Union Bank Homeowners Association Services

®

JULY/AUG 2018

IN THIS ISSUE Issues Mobilization Grant 3 What You Need to Know About Logos and Trademarks Page 5 July/Aug Calendar Page 6 You’re Even More Vital to New-Home Buyers Page 14 PSRAR Affiliate Network News Page 16

A FULL SERVICE LAW FIRM

Providing Practical Approaches in: CC&R Interpretation, Drafting and Enforcement Opinion Letters Contract Drafting and Negotiation Civil Litigation Assessment Recovery 75100 Mediterranean Palm Desert CA 92211

We are pleased to announce Jennifer James joining our law firm as of counsel.

760.565.5889 www.gbflawyers.com

Call the CAI-CV office or go to www.cai-cv.org for more information.

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

37

WATER WISE

CVWD Launches New Tours Coachella Valley Water District (CVWD) has launched a new line of tours to provide an in-depth look at water issues in the Coachella Valley.

T

he new educational tours will give customers a chance to see the internal workings of CVWD and the expansive water systems that the district manages and will supplement the Imperial Dam Tour that will continue to be offered.

THESE ARE THE TOURS THAT HAVE BEEN ADDED TO THE CVWD LINEUP: 1. The Domestic & Stormwater Tour: This half-day tour 2. The Canal, Agriculture & Replenishment Tour: This halfwill visit a well site where CVWD pumps water from the aquifer and delivers it to customers through a complex distribution system. Participants will learn how CVWD collects and tests more than 22,000 water samples annually to ensure safe, high-quality drinking water.

A stop at a reservoir will show how water is stored for reliable delivery to homes and businesses 24/7. This tour will also travel through the La Quinta portion of CVWD’s stormwater protection and flood control facilities. CVWD protects 590 square miles from flooding.

38

Quorum November, 2018

day tour shows how water is monitored and accounted for from CVWD’s Control Room using microwave communication devices and state-of-the-art technology.

Participants will visit a local farm area where microirrigation is used, saving more than 30 percent of water over traditional irrigation methods. This tour also includes a stop at a replenishment facility where Colorado River water percolates into the groundwater basin replacing some of what valley consumers have used.

3. The Wastewater Treatment, MidValley Pipeline & Groundwater Sustainability Tour: This half-day tour will visit CVWD’s wastewater treatment plant in Palm Desert where approximately 10 million gallons of wastewater is processed daily. Participants will learn how CVWD recycles this water through a multi-step treatment process for outdoor irrigation on golf courses and other landscapes. The tour will also include a visit to the MidValley Pump Station where water is pumped out of the Coachella Canal to the treatment plant and is blended with recycled wastewater to supplement golf course irrigation needs. A visit to the Desert Willow Golf Resort is also included along with a discussion of their use of recycled water for irrigation.

Private tours can also be requested from CVWD. Each fall and spring CVWD offers a limited number of customized tours based on budget, staff and facility availability. Private bus tours have a maximum of 25 participants per bus, and there must be a minimum of 10 participants for a tour.

Tour participants get a first-hand look at a municipal well site, a water storage reservoir, Lake Cahuilla (which is the terminus of the Coachella Canal), a groundwater replenishment facility, and a wastewater reclamation plant (which produces recycled water for use on golf courses). Groups that have not scheduled a private tour within the last three years will be given priority.

For additional information and tour guidelines, including information about the required liability waiver, and to sign up for a tour, visit www.cvwd.org/tours.

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

39

Welcome Aboard Team///AIC Security - CMCA®, AMS®, PCAM®

By Jay Powell

2018

CORPORATE SPONSORS

PLATINUM______

AMS Paving AMS Security Asphalt MD's Associa Desert Resort Management Bissell Design Studios, Inc. Conserve LandCare Diversified Asphalt Products Fiore Racobs & Powers, A PLC Flood Response MRC - Smart Technology Solutions - A Xerox Company NPG Asphalt Pacific Western Bank Roof Asset Management Signarama Sunshine Landscape Vantage Point Construction Western Pacific Roofing

GOLD________

Automation Pride BRS Roofing Epsten Grinnell & Howell, APC Horizon Lighting Peters & Freedman, LLP Prendiville Insurance Agency PrimeCo Vintage Associates

SILVER________ Team///AIC Security was established in September 2017 by Jordan Hood and Jon Valdivia. Both Jon and Jordan have extensive backgrounds in the security industry.

Jon Valdivia was born and raised in Orange County, California. He has over eight years in the security and law enforcement field. He has his Associate’s Degree in criminal justice with an emphasis in field operations and a Bachelor's Degree in Criminal Justice Administration. Jon has developed and implemented multiple security plans and facilitated the implementation of those plans for the Metropolitan Water District, BNSF Railway, State Compensation Insurance Fund buildings and Southern California Kaiser Permanente to name a few.

Jordan Hood was born and raised in Orange County, but now resides in Los Angeles. He covers all of Southern California and will be opening an office in the desert soon. Jordan graduated from Cal State Fullerton in 2009 with a B.A. Degree in Communications with an emphasis in event management. He has helped manage events such as Coachella, Stagecoach, EDC, Desert Trip, NAMM, and the LA Auto Show to name a few.

Jon and Jordan have over 20 years of combined industry experience on both sides of the business. They have the know-how and experience to manage your operation. Staffed with a team of the top subject-matter experts in the industry, they successfully provide permanent, temporary, event, and emergency security services to a diverse portfolio of clients ranging from small family owned businesses to large Fortune 500 companies. Team///AIC strives to set themselves apart from the industry standard business model. They dedicate 95 percent of their resources to servicing existing clientele, and only 5 percent to business development. Whether you are looking for armed/unarmed guards, patrol units, or even surveillance system installations, Team///AIC has you covered!

Jay Powell is the business development manager for Ben's Asphalt.

He can be reached at 760-413-2466 or by email at jay.powell@bensasphalt.com.

40

Quorum November, 2018

Barcode Automation, Inc. Ben's Asphalt, Inc. Cline Agency Insurance Brokers DWI First Foundation Bank Frazier Pest Control Green Bryant & French, LLP Nissho of California, Inc. O'Connell Landscape Powerful Pest Management Pro Landscaping, Inc. Seacoast Commerce Bank Sherwin-Williams Paint Co. Three Phase Electric

BRONZE______

Adams Stirling, PLC Albert Management, Inc. Alliance Association Bank Animal Pest Management Association Reserves Bank of Southern California Beaumont Tashjian Blue Sky Landscape Brabo & Carlsen, LLP CBCI Construction Dunn-Edwards Corporation Farley Interlocking Pavers FirstService Residential Guralnick, Gilliland & Knighten Hort Tech Landscape Kasdan LippSmith Weber Turner, LLP LaBarre/Oksnee Insurance Law Office of Jennifer James, Esq. Law Office of Peggy Redmon, APC Mutual of Omaha Painting Unlimited PatioShoppers Commercial Furnishings Popular Association Bank Powerstone Property Management S.B.S. Lien Services SCT Reserve Consultants SERVPRO of Palm Desert Shetler Security Silldorf Law, LLP Suntech Consulting & Roofing The Management Trust, Desert Division U.S. Security Associates, Inc. Union Bank HOA Services United Paving Vista Paint Corporation

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

APRIL 2018

YOUR HOA CAN BE OUR NEXT COVER APRIL 201 8

CAI-CV UPCOMING EVENTS

Coachella Valley Co mm

T NO COS

TURQUOISE IS FOR LOCAL EVENTS

OUR TOERY Y COVE

NOVEMBER

EV TORY. HAS A S URS! YO TELL US

CAI-CV’s Board Basic Training (for homeowner leaders) WHEN: Tuesday, November 13, 2018,5:30 p.m.

W HERE: CAI-CV Office & Classroom CAI’s M-204 – Governance (for managers) WHEN: Thursday – Friday, November 15-16, 2018 W HERE: Santa Ana

unity Assoc

iations Ins titu

te Magaz ine

8 Indian Creek Villa in Palm De s sert FEATUR ING

Reasonable Accom

modations

12 Beyond Board 101: Five Topics Board Mem HOA bers Sho uld Know 14 Reasona ble Acco mmodation Modifica s and tions Und er Fair Hou 16 Caught sing Law In Between (New HUD 26 America Regs) ns with Disa bilities Act in Reconstr (ADA) uction

Around The In Eighteen World Holes CAI-CV

25

CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members)

TOPIC: LEGISLATIVE UPDATE WHEN: Friday, November 16, 2018, 11:00 a.m.

W HERE: Palm Valley Country Club, Palm Desert

DECEMBER

2018 CAI-CV

Annual

Spring Golf Golf, Continen Tournament tal Breakfas Live Auction, t, Grand Prize Lunch, Door Prizes, Giveaway For All CAICV Members – First-tim e Golfers Welc ome

MUST BE CAI-CV MEMBER IN GOOD STANDING

(760) 341-0559

CONTACT

admin@cai-cv.org

THE CAI-CV OFFICE

CAI’s Board Leadership Development Workshop (for homeowner leaders)

WHEN: Friday, December 7, 2018, 8:30 a.m. (certificate program, all day class) W HERE: Palm Valley Country Club, Palm Desert CMCA Preparatory Course & Pen & Paper Test (for managers)

WHEN: Friday, December 7, 2018, 1:00 p.m. (all day course and exam) W HERE: Palm Valley Country Club, Palm Desert CAI-CV's Manager on the Run (MOTR) (for managers) WHEN: Friday, December 7, 2018 (4:00 p.m. to 5:00 p.m.)

W HERE: Palm Valley Country Club, Palm Desert CAI-CV’s Holiday Open House & Charity Event WHEN: Friday, December 7, 2018 (5:30 p.m.)

W HERE: Palm Valley Country Club, Palm Desert Free with RSVP; bring an unwrapped gift for The Narrow Door’s Christmas Store

42-240 Green Way #B •Palm Desert, CA 92211

Your Local Go-To HOA Contractor HOA SERVICES • Wood

• Pool Deck Coatings • Fence

• Carport

• Concrete

• Club/Guard House

• Drywall & More!!!

Repair/Replacement Repair/Replacement

Quorum Magazine is printed at the CAI-CV Office on a Xerox Versant 180 Press.

Discounted printing is now available to CAI members. Call Bissell Design Studios, Inc. at (714) 293-3749 or the CAI-CV office for more information, (760) 341-0559.

Repair/Replacement Repair/Remodel

Repair/Replacement

• Block Wall

Repair/Replacement

Repair/Replacement Contact us today

INSURANCE SERVICES

24hr Emergency Service Mold Remediation

Fire & Water Restoration Slab Leak Repairs

www.VantagePointConstruction.com Phone: (760) 340-5157 • Fax: (760) 340-2576 • License # 473996

CAI-CV.org

facebook.com/CAICV

twitter.com/CAI_CV

41

CREATIVE | BRAND | CONSULTING

(714) 293-3749 BissellDesign.com

GURALNICK GILLILAND & KNIGHTEN _________________________________________________________________________________________________

• Corporate Counsel •

• Legal Opinions

• Assessment Lien and Foreclosure

• • Fees Paid by Delinquent Homeowner • Detailed Monthly Status Reports

40004 Cook St. Suite 3 Palm Desert, Ca www.gghoalaw.com Phone: (760) 340-1515 Fax: (760) 568-3053 For a Copy of our Legal Update Contact Melissap@gghoalaw.com

42

Quorum November, 2018

Licenses #664779

Asphalt Concrete Seal Coating Striping ADA Compliance Grinding & Pulverizing

NPGASPHALT.COM So-Cal: 951.940.0200 Desert Division: 760.320.9600 Proud Members of: BIA,BOMA,CAI,IREM,CACM,CREW

Protecting your largest investment and your peace of mind for years to come?

Challenge accepted.

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

Associa Desert Resort Management’s national resources and local expertise have uniquely positioned us to help your community accomplish any goals your community sets. Top-tier management, bulletproof finances, comprehensive maintenance and a customizable menu of additional services ensure your community thrives, and our local, qualified staff are committed to being your trusted advisors every step of the way.

Desert Resort Management is up for the challenge. CONTACT US TODAY!

www.drminternet.com

42-635 Melanie Place, Suite 103 Palm Desert, CA 92211 760.346.1161 43

PRESORTED STD US POSTAGE

Barcode Automation, inc.

PAID

PALM DESERT, CA PERMIT NO 149

75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211

More Reliable, Longer Lasting, and Less Expensive vehicle identification for large gated communities.

Barcode Automation, inc.

“The cost savings is the biggest motivator. There’s also nothing that can disrupt its read range.”

Western Door & Gate when asked why they recommend Barcode Automation, inc.

“Your equipment is bulletproof, in thisLasting, heat I’m having trouble everythingExpensive but BAi.” MorePhoenix Reliable, Longer andwithLess Fence Co. when asked how Barcode Automation, inc. holds up in extreme heat.

vehicle identification for large gated communities.

Schedule a demo by calling 1-800-528-9167.

“The cost savings is the biggest motivator. There’s also nothing that can disrupt its read range.”

Western Door & Gate when asked why they recommend Barcode Automation, inc.

“Your equipment is bulletproof, in this heat I’m having trouble with everything but BAi.” Phoenix Fence Co. when asked how Barcode Automation, inc. holds up in extreme heat.

Schedule a demo by calling 1-800-528-9167.

www.Barcode-Automation.com