coachella valley community associations institute magazine

Coachella Valley Community Associations Institute Magazine

Community Spotlight

Foxstone Homeowners Association

March 2014

InsIde

Overcoming Anger and Apathy in Associations

The Low Down on Mediation; What is Mediation?

Off to Vegas, Baby!

What to Expect In Mediation

Not Everything Stays in Vegas

Mediation – Resolving issues within the HOA

To Litigate, Or Not To Litigate?

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Coachella Valley Community Associations Institute Magazine

Community Spotlight

Foxstone

Homeowners Association

March 2014

InsIde

Overcoming Anger and

Apathy in Associations

The Low Down on Mediation;

What is Mediation?

Off to Vegas, Baby!

What to Expect In Mediation

Not Everything Stays in Vegas

Mediation – Resolving issues within the HOA



no cost to you

EVERy COVER HAS A STORy.

TELL uS yOuRS!MuST BE CAI-CV MEMBER

IN gOOD STANDINg

contact the caI-cv offIce

(760) 341-0559 [email protected]

Quorum March, 2014 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV4 5

CONTENTS

5

BOARD Of DIRECTORS COACHELLA VALLEy CHApTER 2014

CHRISTINA BAINE DEJARDIN, ESq., pRESIDENTPeters & Freedman, LLP

NENA T. RuTHERfORD-MILWARD,CMCA, AMS, pCAM, CCAM, pAST pRESIDENT

Desert Resort Management

TAD BLACk, pRESIDENT ELECTGothic Grounds Management, Inc.

pAuLA TApIA, TREASuRERPacific Western Bank

ROB WINkLE, SECRETARyWestern Pacific Roofing

ART COuLTER, DIRECTORPalm Valley Homeowners Association, Inc.

MIkE MASTROpIETRO, DIRECTOROrange Coast Building Services

gRACE pALuCk, DIRECTORThe Management Trust, Monarch Group Division

pHyLLIS HARkINS, DIRECTORPalm Desert Country Club Association

gERARD gONzALES, DIRECTORAlbert Management

LESLEE WILLIAMS, DIRECTORDesert Resort Management, an Associa Company

CAI Coachella Valley Office 41-905 Boardwalk Suite A-2

Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (761) 341-8443

Website: www.cai-cv.org

The materials contained in this publication are designed to provide our members with accurate, timely and authoritative information with regard to the subject covered. However, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services. The CV Chapter has not verified and/or endorsed the contents of these articles or advertising, nor do we have the facilities or the personnel to do so. Readers should not act on the information contained herein without seeking more specific profes-sional advice from legal, accounting or other experts as required.

Attendance at CAI-Coachella Valley Chapter programs and events constitutes consent to be photographed for use in print and/or electronic publicity for the Chapter. If you do not want the Chapter to use a photo or video of you, please notify Chapter staff in writing prior to the program or event beginning.

10

features

10 Foxstone Homeowners Association By Jay Powell

12 Overcoming Anger and Apathy in Associations By James R. McCormick, Jr., Esq.

14 The Low Down on Mediation; What is Mediation? By CAI National

16 Off to Vegas, Baby! 35th Annual Community

Association Law Seminar By Gen Wangler, Esq., CCAL

18 What to Expect In Mediation By Lisa Garvin Copeland, Esq.

22 Not Everything Stays in Vegas Recap of the 2014 CCAL Law Seminar

By Laurie S. Poole, Esq., CCAL

25 Mediation – Resolving issues Within the HOA By Steven Shuey, PCAM, CCAM

26 To Litigate, Or Not To Litigate? By Gary Kessler, Esq.

30 When a Tree vs. View Can Become A Dispute……… By Jay Powell

chapter news

36 CAI-CV Chapter New & Renewing Members

37 Advertisers Index

STACy ESTRADACAI-CV Chapter Executive Director,

E-mail: [email protected]

ARTICLE SuBMISSIONS OR ADVERTISINg INfORMATION

[email protected]

10 12

14

16

22

18

2526

chapter events

20 Directing the Drama By James R. McCormick, Jr., Esq

40 Schedule of Events

DepartMents

8 President’s Message

9 From the Chapter Executive Director

24 Welcome Aboard HAR-BRO Emergency Restoration and

Reconstruction By Fran Mullahy

29 Coachella Valley Chapter 2014 Board of Directors Leslee Williams, PCAM, AMS, CMCA, CCAM

32 Water Wise Look to your neighbors for great

landscaping ideas By Dave Koller

33 CAI-CV 2013-14 Platinum Sponsor Spotlight

Western Pacific Roofing Corporation

CLAC News29 CLAC Contributions 2014

Contributions Goal By CLAC

35 CLAC Moment By CLAC

35 Time Honored Jay Powell

By Phyllis Harkins, CMCA, CCAM

EDITORIAL BOARD

EDITOR

STACy ESTRADA, MBAChapter Executive Director

ASSISTANT EDITOR

TAMMy MuLDROW Administrative Assistant

COMMITTEE MEMBERS

fRAN MuLLAHy Vintage Associates, Inc.

MARgARET “gEN” WANgLER, ESq. CCALFiore Racobs & Powers

gARy kESSLER, ESq.Adams Kessler PLC

JAy pOWELLConserve LandCare

LAuRIE S. pOOLE, ESq. CCALPeters & Freedman, LLP

pAuLA TApIAPacific Western Bank

pHyLLIS HARkINS, CMCA, CCAMPalm Desert Country Club Association

STEVEN SHuEy, pCAM, CCAMPersonalized Property Management

CREATIVE DIRECTOR & gRApHIC DESIgNER

RODNEy BISSELLBissell Design Studios Inc.

SuBSCRIBER SERVICESThe Coachella Valley Quorum Newsmagazine is a publication

expressly prepared for our Association leaders, managers and other related

professionals of the Community Associations Institute. Authors are encouraged to submit articles for

publishing consideration. All articles accepted for publication in the

Quorum are subject to editing and rewriting by the Publications Committee.


CONTENTS

3524

29

GoaL2014 contributions*

$16,194

20

2929

32

33

The mission of CAI is to provide the leadership for successful development and operation of community associations

through information, research and education.

CAI-CV MISSION STATEMENT


fROM THE CHApTER fROM THE CHApTER

President’s MessageChristina Baine DeJardin, Esq., peters & freedman, LLp, CAI-CV Chapter Board president

Executive DirectorStacy M. Estrada, MBA, CAI-CV Executive Director

March is my favorite month of the year! Not only because it happens to be my birthday month, but the weather and the events in the desert seem to be at their optimal.

Here is a fun fact- March was originally the first month of the Roman calendar and was named after Mars, the god of war. With March originating from the god of war, it was only suitable to theme our magazine the “Conflict and Resolution” issue.

At January’s luncheon, we had James McCormick Jr. speak on “Resolving Anger and Apathy in your Community.” If attendance is any indication of topic interest, it was apparent that many of you found this topic pertinent to your lives.

The Quorum Committee received the feedback and developed features with Conflict and resolution in mind. In this issue, you will find an article written from a manager’s perspective titled, “Mediation- Resolving Issues within the HOA.” This article is a must read for managers who experience situations where two parties disagree on an issue affecting their HOA. For a legal perspective, Lisa Copeland dives into the lawful process of mediation and the formality of what happens when an association and its homeowners face a disagreement.

For those of you who didn’t get a chance to make it to January’s luncheon, you can familiarize yourself with the topics discussed in our feature article, written by James McCormick Jr. Take a look through January luncheon photos for an idea of speakers, attendance, and business partners who participated. Let us also recognize the Business Partners who sponsored our first event of the year!

A big thank you to our Business Partners who take the time to educate themselves on HOA matters in order to better serve their HOA community. Business Partners make it possible for CAI to host education events and in turn, educate our members. Be sure to say hello to the Business Partners and participate in their grand prize drawings at our March 7th luncheon, held May 9th at Palm Valley Country Club.

For information about sponsoring one of our upcoming luncheons or events, please contact the CAI-CV office at (760) 341-0559. A list of our upcoming events is available on our website at www.caicv.org. For the quickest updates on what the chapter has going on, follow us on Facebook at www.facebook.com/caicv or twitter at www.twitter.com/cai_cv.

Stacy Estrada

March, what a beautiful month! With the terrible weather the east coast has recently encountered, we are reminded how lucky we are here in the Desert. I hope each of you takes a moment out of your busy schedule to admire the scenery and breathe in the fresh air.

February’s issue of Quorum included topics related to the “State of our Chapter” and how successful the Chapter was in 2013. One goal we did not hit last year was our National CLAC contribution. If you took notice of the big thermometer in February’s issue, you were able to see we missed our goal by $6,108.00. However, there is always opportunity for improvement. This year we have a new CLAC goal set before us by National: $16,194.00.

If you are not familiar with CLAC, the acronym stands or California Legislative Action Committee. This committee consists of volunteers who represent over 9,000,000 homeowners and property owners throughout California. CLAC reviews proposed legislation and takes positions on bills that affect HOAs. In other words, they represent you. The committee depends solely on donations from community associations and the individual CAI chapters. It is our goal to assist CLAC in its efforts. I encourage you to develop a relationship with your CLAC representatives, Adrian Adams, Nena Rutherford-Milward, Louise Stettler, James McCormick Jr., and Steven Shuey, and find out what they are currently working on.

If you are interested in joining our chapter’s CLAC committee, please contact the CAI-CV office for more information on how to do so.

At the May luncheon, to be held on May 9 at Palm Valley Country Club, we will cover, “Crisis Management- What to Do When All Hell Breaks Loose.” Our speakers will be Lori Albert, President of Albert Management Inc., and Gen Wangler, Esq., CCAL, of Fiore Racobs & Powers. We are all looking forward to this very important and informative program.

On March 25th, we have our annual Business and Education Expo. Due to expected turn out, I am excited to announce that we will be hosting this event at the J.W. Marriot Desert Springs Resort & Spa in Palm Desert. Our speaker will be Tom Kirk, the Executive Director from the Coachella Valley Associations of Government, also known as CVAG. Tom will discuss the CV Link project and how growth in the Valley will affect our communities. This was a highly requested topic and we are pleased to have Tom deliver this important information to the Chapter. This event is free to all community managers who currently manage an association, board members, and individual homeowners. Looking ahead, our annual Golf tournament is just around the corner. On April 25th we will tee off at one of CAI-CV’s largest events of the year our annual Golf Tournament. Be sure to sign up early for sponsorship opportunities because they go fast! We look forward to seeing you there!

Christina Baine DeJardin, Esq.

Foxstone features a long, meandering green belt run-ning from its main entrance on Monroe Street, east to the back entrance on Gore Street. With bike and hiking trails surrounding the green belt, it is ideal for homeowners to get a little exercise; and since it is a walled community, it provides a safe area for children to play and dogs to run.

A recent CAI-CV community association member, Foxstone Homeowners Association is located in Indio on Monroe Street just north of Avenue 41. Built by KB Homes, Foxstone broke ground in 2004. This commu-nity features a variety of one story floor plans, ranging from two bedroom two bath homes with 1,512 square feet, up to a four bedroom two bath homes with 2,513 square feet. All models include family rooms and 2 car garages. Governed by a five person board of directors, this 247 single family home community is man-aged by Associa/ Desert Resort Management’s Chloe Rodriguez.

Foxstone Homeowners Association

There are many community upgrades currently under way, such as: a new children’s playground, new transpon-der operated entry gates, security cameras, and all exterior walls are getting a fresh coat of paint with contrasting cap color.

This is a tight knit community with many community events. One of their annual events, always well attended, is their community block party. Foxstone has quite a party, with a live DJ, a water slide, face painting for the kids, and even a taco truck serving fresh Mexican food all day during the event.

Located close to the new Target, Walmart, and lots of restaurants, residents can enjoy downtown city features without the traffic. Golf courses such as Sun City-Shadow Hills, Terra Lago, and Indio Municipal golf courses are very accessible and close to the Foxstone community.

Foxstone is a real hidden gem and very affordable. If you are looking for a new place to call home, Foxstone encour-ages you to look at to this family oriented community.

Jay Powell, is VP of Sales and Marketing at Conserve Landcare. He can be reached at 760-250-7646, or by email at [email protected].

By Jay Powell, VP Sales and Marketing, Conserve Landcare


COMMuNITy SpOTLIgHT COMMuNITy SpOTLIgHT

There is so much anger and apathy in our communities these

days that we could discuss this topic all day long. For better or worse we can-not delve into every reason for or every example of all the anger and apathy in our communities. Understanding some useful tips and tools for address-ing both anger and apathy in your com-munities is the first place to start.

To address anger and apathy in our communities we must:

1. Be prepared and

2. Manage expectations.

While these two suggestions seem obvious, the key is to actually apply them in your communities. These concepts are linked and implementing

the first often leads to addressing the second.

So how do we become prepared? A good starting place is to review the newly required Annual Policy Statement required under Civil Code Section 5310. Policies required to be provided to owners under this new law include the assessment enforce-ment policy (Section 5730), disciplin-ary policy and fine schedule (Section 5850), a summary of dispute resolution policies (Sections 5920 and 5965), and a summary of architectural approval requirements (Section 4765).

This list is only the starting point. In addition to the legally required poli-cies, most associations should adopt additional policies such as directors’

code of ethics, code of conduct for your community members, commu-nications policy, vendor access policy, water damage policy, and a parlia-mentary procedure / meeting conduct policy. This is, by no stretch, a fully comprehensive list. You should look closely within your own community to determine other policies that would be beneficial.

The key is to adopt these policies them well before you need them. Directors are more receptive to a code of ethics when they are not embroiled in a dispute with other directors. A community is more receptive to a water damage claim policy when the community is not faced with monthly or weekly pipe failures. Adopt these

policies so that your community is prepared for any issues that arrive.

How do we manage expectations? Much anger is derived from a feeling of surprise or a feeling that an expec-tation has not been met. By clearly setting forth the association’s poli-cies, owners will understand what the association expects of its owners and vice-versa – what owners can expect of the association. If expectations are met, there will be less disappointment and potentially less anger.

What if we are already dealing with angry or apathetic members? When dealing with an angry person, it is important to realize that he or she may have entered a state of fight/flight. When someone is in this state, attempting to reason with him or her is akin to debating the air speed velocity of an unladen swallow with a knight

of the round table. The fight or flight state physically prevents a person from seeing reason. The recovery time for this state is typically twenty minutes if the person is not further angered. Consider the following suggestions to avoid making matters worse and to speed up this recovery process:

1. Stay calm.

2. Assess why the person is angry. Is it related to the association or entirely unrelated?

3. Accept the anger, let the person vent and do not take it personally. Time heals; let it!

4. Break the cycle by disengaging and using empathetic statements.

By: James R. McCormick, Jr., Esq., Peters & Freedman, L.L.P.

Sometimes owners simply remain angry despite your best attempts to talk them off the ledge. For these situations you might wish to consider these tips:

1. Limit channels of communica-tion. Do not engage if you can avoid it.

2. If there are threats of violence, talk to an attorney about a restraining order.

3. Use a previously adopted commu-nity code of conduct.

4. Use parliamentary procedure, change open forum time or make other meeting adjustments.

5. Follow all procedures or policies that have been adopted. Manage expectations!

It is also important to realize that sometimes you have to deal with people who are simply jerks and who make it their main goal to argue with you or anyone with whom they come into contact. These people cannot be handled. The key is to simply not engage. Limit contact as much as possible. Assume everything you do, say or write will be “evidence” used against you. Try to do everything right and follow your adopted procedures. Do not waste time fighting because that is all the jerk wants from you.

Anger isn’t the only “a” word that associations face. Apathy is another one that is extremely difficult to over-come. The easiest method of address-ing apathy is to never let it happen. Unfortunately this is not always possible.

Apathy is often created through a belief by the apathetic person that they do not matter or that their opinions or involvement are irrelevant. Managing expectations can help avoid these feel-ings. Other tips include:

1. Demonstrate you are listening and that the person matters

2. Show an interest in the person and/or their interests or concerns

3. Rally by example. Demon-strate leadership, interest and involvement.

By creating a culture of apprecia-tion and fostering engagement in your community you can try to avoid apa-thy in your community. This includes developing proper communication tools and ensuring that communica-tion is viewed as a two way street.

Use your communications policy to be prepared and to manage the expec-tations of your members as to what they can expect to receive and how they are expected to communicate with the association. For example, owners should understand that their communications should be presented in writing to the manager for inclu-sion in the board packet. It should be clear that directly contacting directors is not a proper method of communi-cation. Inform the member that the correspondence will be reviewed at an upcoming meeting. Making owners understand that they and their con-cerns are important is one of the most effective ways to avoid apathy!

Unfortunately there is no easy answer to dealing with angry or apa-thetic owners in a community. Being prepared and managing expectations are the first steps. Take a minute to think about policies, committee char-ters and other tools that your commu-nity has or needs in order to prepare for issues that will arise and to manage expectations within the community.

James R. McCormick, Jr., Esq., at Peters & Freedman, L.L.P. devotes his practice to assisting common interest

developments with any and all issues that arise. You can reach James at (760) 773-4463 or [email protected].

To address anger and apathy in our communities we must be prepared and manage expectations.

Overcoming Anger and Apathy in Associations


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Bruised by a dispute with your neighbor? The occasional conflict is a natural byproduct of liv-ing very close to one another. It’s possible to get your disagreement resolved before it escalates and certainly before you end up in court. You should consider mediation—a process that can save you money and aggravation and lead to more peaceful community environment.

In mediation, a neutral third party meets with you and your neighbor, often in an informal setting, to keep everyone focused on solving the problem. Mediation works particularly well by managing expectations; and, generally, the dispute is resolved within a day.

The Low Down on Mediation; What is Mediation?

For example, let’s say you’re bat-tling your upstairs neighbor about noise. She works until 2 a.m. and infuriates you by walking around her unit in the wee hours of the morning. Through mediation, each of you can talk, listen and learn about each other. She agrees to take off her shoes when she gets home; and you can call when there is a problem.

A mediator’s first task is to under-stand how and why the conflict esca-lated. He or she is trained to search through highly charged responses to understand the crux of the problem. Mediation is about compromise. Be willing to learn and hear. Be open-minded. Mediation tends to fail when people can’t get beyond their emotions.

If you go to court, one of you will win and one will lose. If you mediate your differences, both of you will find consensus-based, creative solutions to your problems. And that allows for more harmony in the community.

You can find a qualified mediator in our area by searching on “media-tors” in your web browser or in the Yellow Pages.

“Solve Neighbor Disputes with Mediation.” Community Associations Institute, http://www.caionline.org/members/Pages/CAICopyService.aspx.

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The annual Community Association Law Seminar, presented by CAI’s College of Community Association

Lawyers (“CCAL”), was held this year in Las Vegas on Janu-ary 22nd through the 25th. In fact, the Law Seminar is often held in Las Vegas! But Vegas is not the best reason to attend the Law Seminar, and not the real draw (sorry). The draw is the opportunity for association attorneys as well as manag-ers, insurance specialists and other industry professionals to gather for excellent educational sessions on topics rang-ing from bank-ruptcy to smok-ing to insurance. There were sessions on how technology can improve the way we provide ser-vices to clients, dealing with defamation and trends in voting and elections.

Concur-rently with the Law Seminar, the Community Associations Insurance and Risk Manage-ment Specialists (“CIRMS”) also presented the Insurance Mas-ters Program, comprised of several sessions addressing risk management and legal issues related to insurance.

The Seminar started with a half day of concurrent ses-sions on Wednesday that focused on law office manage-ment and business development. Thursday started off at 11:00 a.m. with lunch and Part I of the Case Law Update. The number of cases from around the country that affect associations has grown significantly since I attended my first Law Seminar in the early 1990s. Back then, the

presentation would take maybe 45 minutes or an hour. These days, with the proliferation of community associa-tions, and, yes, a fairly litigious society, there are many more cases to report on, so the update is divided into two sessions on two different days.

Concurrent sessions followed Thursday’s Case Law Update, when my partner Janet Powers and I presented “Ethics for Community Association Attorneys: There’s More!” At last year’s Law Seminar in Tucson, we presented

a series of ethical pitfalls that attor-neys who repre-sent community associations face every day as part of their practice, and discussed the attorney’s obliga-tions under the rules of profes-sional conduct. We came back this year with more ethical pitfalls. The session was highly interactive, with lots of questions and lively discus-sions. Maybe the “Ethics Girls” will have to appear at next year’s Law Seminar!

Friday morning brought the induction of new members of CCAL and CIRMS. My colleague Laurie S. Poole, Esq., and I were among those inducted into CCAL. It was quite an honor, and I know we’re both proud to be part of such an accomplished and dedicated group of lawyers.

Immediately after the inductions, Dan Abrams, chief legal affairs anchor for ABC News, spoke. He had clearly educated himself about community associations and was well prepared to address some of the challenges of

Off to Vegas, Baby!35th Annual Community Association Law Seminar

representing associations when high-profile issues arise. He had some very valuable tips for interacting with the media when our association clients make the news.

Part II of the Case Law Update followed, and more con-current sessions after that.

The last of the concurrent sessions on Saturday included a legal/insurance “crossover” presentation entitled “Insuring Forward: Amending Governing Docu-ments to Meet Today’s Insurance and Risk Management Challenges,” presented by Laurie Poole and Robin C. Manougian, CIRMS, from Maryland. This program was an excellent overview of property insurance policies and the relationship between insurance requirements and the governing documents.

The Law Seminar kept me going from the moment I reg-istered until the last session on Saturday. The Law Seminar planners left no time for gambling, carousing or otherwise getting into trouble. I can honestly say that everything I did in Vegas did not have to stay in Vegas and was worth bringing home.

Margaret G. “Gen” Wangler, Esq., is a senior shareholder of Fiore Racobs & Powers, which devotes its practice to the representation of community associations. She can be reached at

760-776-6511, or at [email protected].

By: Gen Wangler, Esq., CCAL

“My colleague Laurie S. poole, Esq., and I were among those inducted into CCAL. It was quite an honor, and I know we’re both proud to be

part of such an accomplished and dedicated group of lawyers.”


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The governing documents of most associations include some form of

dispute resolution process providing a mechanism to resolve disagreements between the association and its home-owners. A commonly used procedure is mediation, a method that uses a third party neutral to act as a “go-between” the association and the homeowner to explore options for settlement and compromise. Board members and homeowners may be unfamiliar with the mediation process, the role the third party mediator plays and what to expect as a participant.

Mediation typically takes place on neutral ground at the mediator’s office and lasts between four to eight hours - depending upon the nature of the dispute. The association is usually represented by legal counsel who attends with at least one or more board members and/or a staff member familiar with the applicable rules and facts surrounding the issues to be addressed. The homeowner also personally attends the mediation – in many cases alone - but some-times with legal counsel. Beyond attendance, the only “requirement” for mediation is some degree of open mind-edness on the part of the parties to discuss and consider options available to resolve their dispute.

The mediation session can start with all participants in the same room in “joint session” or the parties may be separated at the outset and remain so throughout the entire course of negotiations “in caucus.” The mediator starts by reviewing the guidelines for the mediation, with a par-ticular focus on the confidentiality of the process from the perspective that statements made in negotiations cannot be used later in court. In a “joint session” each attorney is given an opportunity to speak to all participants about the subject of the dispute and their client’s position while all others respectfully listen. Mediators have different styles,

but if both sides are represented by an attorney, it is usually beneficial to start in joint session for several reasons. First, the parties start out by realizing they are dealing with real people, not just with emails and correspondence that has typically been exchanged before the mediation. Second, the participants all get a “reality check” of what it will look and feel like to either start or continue in litigation when they hear the attorneys speak about the merits of their own position and the weakness of the other side’s. Sometimes there is a significant amount of animosity between the par-ticipants in the mediation and it is best to keep both sides apart from start to finish.

After each side has had the opportunity to speak and listen, the mediator separates the parties to begin talking with them individually in caucus about their positions, to identify terms that are likely not negotiable and to explore areas of flexibility. Because mediation is a confidential process, the parties are given leeway to explore options to resolve their differences without fear of having their posi-tions become a matter of record in a later court proceeding.

Initial authority to settle the dispute is very important because the mediation process is dynamic, requiring an exchange, back and forth between the parties in a give and take exploration of solutions. Formal board approval is usually a technical requirement to final settlement, and it is critical the association designate representatives to participate during negotiations whose decision making authority is respected so that any later formal approval of a settlement is fairly perfunctory.

By Lisa Garvin Copeland, Esq., Desert Cities Mediation

What to Expect In

Mediation

Since the mediator is a neutral professional with no stake in the disagreement, he/she comes to the problem with fresh eyes permitting the development of solutions that the association and the homeowner may not have thought about. The media-tor does not judge who is “right or wrong” or assess blame during the mediation but an experienced medi-ator is able to provide an assessment of the strengths and weaknesses of the parties’ positions, if needed to bring the parties closer to agree-ment. Mediation is a very valuable, cost effective tool to promote needed resolution of disputes that inevitably arise in all associations.

Lisa Copeland is an attorney and mediator with experience represent-ing community associa-

tions and non-profit boards. Lisa operates Desert Cities Mediation, www.desertcitiesmediation.com. You can reach Lisa via email at [email protected] or by calling (760)341-7773.

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CAI’s College of Community Association Lawyers (CCAL) hosted its 35th Annual Law Seminar on Janu-

ary 22-25, 2014 in Las Vegas, Nevada. In addition to educa-tional classes, the Law Seminar provides an opportunity to network with community association lawyers from across the country. When meeting other attorneys it is fascinating to explore the similarities and differences in common inter-est development laws in other states.

The Law Semi-nar’s format is comparable to other CAI conferences in that several classes are offered dur-ing the same time slot so attendees must decide which courses to attend. The depth and vari-ety of topics offered this year made it difficult to choose only one class in each time slot. The Law Seminar also includes classes for insurance profes-sionals presented by the Community Insurance and Risk Management Spe-cialists (CIRMS).

I attended the optional half-day program which focused on improving performance in law firms, limiting liability (malpractice) and increasing marketing efforts. These classes provided excellent practical information that some-times is forgotten when we are busy meeting deadlines and tending to our clients.

On the first “official” day of the Law Seminar, I went to a class on ethics taught by fellow CAI-CV chapter member, Gen Wangler. I appreciated the lively discussion and tricky ethics questions that were posed. The day ended with the “Panel of Pundits” where six community association attor-neys from around the country fielded audience questions

- any topic was fair game. The panel was asked to predict issues that community associations would face in the next 5 - 10 years. Their answers ranged from further advances in technology to dealing with aging communities (the build-ings and the occupants).

The second day began with 10 attorneys being formally inducted as new CCAL members. It was a proud moment for me and fellow CAI CV chapter member Gen Wangler.

After hearing key-note speaker Dan Abrams, I attended a session geared towards identifying business opportu-nities with clients. This was another class that focused on the practical aspects being a community association attor-ney –addressing the needs of existing clients.

The second ses-sion was one of the more entertaining classes – issues aris-ing from the legal-ization of marijuana, both in the medical context and other-

wise. Appropriately, the course was taught by attorneys from Colorado and Washington – the only two states (thus far) where marijuana use has been legalized. The consen-sus of the panel was that marijuana use in common interest developments raises many legal issues and there is very little direction in the law on how to handle these questions.

In the afternoon, I attended a session on maximiz-ing technology for associations. Several concepts were explored, including the legal issues that arise from associa-tions’ use of websites, blogs, e-mail, etc. I ended the day with a nuts-and-bolts class on reading insurance policies and assisting clients in submitting claims to insurance companies. I appreciated the perspective given by both the

Not Everything Stays in VegasRecap of the 2014 CCAL Law Seminar By Laurie S. Poole, Esq.

“The second day began with 10 attorneys being formally inducted as new CCAL members. It was a proud moment for me and fellow CAI CV chapter

member gen Wangler.”

attorneys and insurance agent.The last day of the Law Seminar

started with the annual business meeting of the CCAL Board of Gover-nors. It was great to hear their plans to increase communication among CCAL members and their commitment to providing more educational oppor-tunities. I then presented my class with Maryland insurance agent Robin Manougian. As a “crossover” between the Law Seminar and CIRMS courses, our goal was to provide informa-tion that would be pertinent to both community association attorneys and insurance professionals. The session focused on options to amend gov-erning documents to address issues regarding property damage insurance in condominiums.

Although I was unable to play even one hand of blackjack during my time in Las Vegas, I came away from the Law Seminar with new friends, inter-esting ideas and innovative concepts to employ in my “everyday” life. I look forward to attending the 2015 CCAL Law Seminar in San Francisco!

Laurie S. Poole has been an attorney with Peters & Freedman, L.L.P. since 1993. Peters & Freedman, L.L.P.

has offices in Palm Desert, Encinitas and Orange County. Laurie can be reached at [email protected] or (760) 773-4463.


CHApTER NEWS

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The mediation process is confidential and provides greater control over the outcome of disputes by allowing parties to be creative in their assisted negotiations and their attempts to settlement. The benefits are multiple, not least of which include the savings of time and money along with the real possibility to preserve important busi-ness or neighbor relationships and to provide parties with an opportunity to better evaluate their case and risks of non-settlement. As the parties are involved in the process and the ultimate resolution, there is typically a heightened level of satisfaction with mediation—the Win-Win sce-nario. Mediation offers the speed, economy and justice that is sought in alternative dispute resolution processes and should be considered a valuable tool as part of any conflict management strategy.

Arbitration is more often thought of as a resolution finding method. It must be noted, however, that arbitra-tion is not without its limitations. The use of arbitration is not right or even feasible for every situation. Unless there is a pre-existing contractual relationship between the par-ties, it may be very difficult to convince an adverse party to agree to arbitration after a dispute arises. Moreover, if the parties have unequal resources, the one with greater resources may find a tactical advantage in court litigation in multiple jurisdictions. Knowing this, mediation should be a first choice in resolving issues.

When a manager is involved in the mediation process, preparation is fairly simple. It is recommended that known details be documented, such as:

• Names,contactinformation,&position/titleoftheparties involved.

• Thenatureoftheconflict

If your issue involves an insurance company, your request should include the following information in addition to the above:

• Yourclaimnumberandpolicynumber.

• Thenameofyourinsurancecompanyandthename,address and phone number of a contact person (if other than you) for scheduling mediation.

• Informationonanyotherpoliciesofinsurancethatmay provide coverage of the insured property for named perils such as flood, earthquake or windstorm.

Once your request for mediation is received, the Administrator will contact you to schedule your mediation conference, and to provide further information such as the location of the mediation session, how to prepare, etc. The Administrator will select the mediator.

When it comes to finding a mediator look to the resources available in the CAI membership directory or online at www.caionline.org.

Steven Shuey is a certified professional community association manager. He serves on the National Faculty of CAI and a past board member of the APCM. He is a community association consultant

with Personalized Property Management here in the Coachella Valley. He may be contacted at [email protected]. You can follow him on Twitter (www.twitter.com/@IslandMgr)

Mediation – Resolving issues within the HOABy Steven Shuey, PCAM, CCAM

When a situation comes up where two parties disagree on an issue, be it a homeowner in conflict with the asso-ciation or two homeowners in conflict with one another, or a conflict with a business partner (service provider), a mediator can step in and help the two parties come to a resolution on the issue. Mediation is a process in which an impartial person assists the parties in reaching a mutually agreed upon settlement. The mediator talks to both par-ties, separately and together, and helps them to arrive at a mutually agreed upon resolution. The mediator does not have the authority to make a binding decision.

As the parties are involved in the process and the ultimate resolution, there is typically a heightened level of satisfaction with mediation—the Win-Win scenario.

Quorum March, 2014 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 27

HOMEOWNERS ASSOCIATION LAW HOMEOWNERS ASSOCIATION LAW

26

For example, an owner may have violated the associa-tion’s governing documents by improperly modifying his unit/lot without obtaining architectural committee approval. Or a resident may have been continually playing loud music late at night in violation of the CC&Rs nuisance clause without regard to his neighbors’ understandable desire to get a good night’s sleep. Or a member may have failed to comply with the association’s rules by persistently parking her vehicle in one of the limited “visitors only” parking spaces which are closer to her unit.

Initially, the association may have responded to these situations by multiple (and ultimately futile) attempts to convince the obstinate member into complying with their governing document responsibilities by conferring with the member, sending warning letters, holding hearings and imposing fines. When these actions fail to stop the con-tinuing violations, the board increasingly begins to won-der if instituting litigation should be their next step in the enforcement process.

The decision whether to litigate is a significant one which should not be made in haste. What are some of

the factors which a board should consider when evaluating whether to authorize the association’s

attorney to file, litigate and take to trial a Superior Court lawsuit to enforce the

governing documents?

1. make a Business (Not an emotional) decision. Each director must keep in mind that

commencing litigation is a business decision which must be based on the fiduciary obligation

to act in the best interest of the association as a whole, and should not be grounded in either emotion

or passion. In this regard, Corporations Code section 7231 instructs directors to act “in good faith, in a manner such director believes to be in the best interests of the cor-poration and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.”

While the board has the responsibility to fairly enforce the association’s governing documents (for failing to do so), not every uncorrected governing document violation war-rants instituting litigation. That was the holding in Beehan v. Lido Isle Community Association (1977) 70 Cal.App.3d 858, 866 (quoting Findley v. Garrett (1952) 109 Cal.App.2d 166, 177-178), where the court discussed the importance of

dispassionately weighing the pros and cons of initiating a lawsuit:

The mere fact that a recovery for the corporation would probably result from litigation does not require that an action be commenced to enforce the claim…It would have made it their duty to weigh the advantages of a probable recovery against the cost in money, time and disruption of the business of the company which litigation would entail.

2. consider the economics of litigation. Although the end result of any lawsuit (who will win

and who will lose) is never certain, one consequence of commencing litigation should be expected – it will prob-ably be quite expensive. Beginning with attorney’s fees for pre-trial discovery, continuing with deposition costs, expert fees and mediation expenses, and ending with all of the additional fees and expenditures required to prepare for and conduct a trial (plus further attorney’s fees to fund a potential appeal) – the board of directors must be ready, willing and able to bear these continuing costs.

Of course, in governing document enforcement cases, the losing party can be ordered to pay the prevailing party’s attorney’s fees. Therefore, if the association prevails at trial, it could theoreti-cally recover all or a portion of it attor-ney’s fees from the member who was sued (assuming that the member has sufficient assets to pay such an attorney’s fees award). Unfortunately, however, the opposite is just as true. If it is the member who prevails, the association could be required to pay not only its own attorney’s fees and costs, but also the victorious member’s attorney’s fees and litigation costs.

The bottom line: the board must carefully consider the costs of litigation before it decides to file an enforcement action in Superior Court.

3. Governing document enforcement Is Important

The association has an important responsibility to enforce the governing documents. Although as noted above, the board is not obligated to file a lawsuit for every

To Litigate, Or Not To Litigate? By Gary Kessler, Esq.

“To be, or not to be, that is the question.”

Shakespeare almost had it right. As a common interest development attorney involved with unruly and stubborn owners who refuse to comply with the governing docu-ments, I may have written it a little differently: “To litigate, or not to litigate, that is the question.”

Board members and managers are often faced with situations where, despite their most valiant efforts, they are unable to informally resolve disputes involving governing document violations. Therefore, at some point the board must consider whether to commence litigation against the offending owners.

claimed violation, it nevertheless must do so in appropriate circumstances.

For example, if the board fails to seek an injunction against the owner whose loud music continually keeps his neighbors up at night, it is quite likely that one of those sleep-deprived neighbors will bring his own lawsuit against the association. As the court explained in Posey v. Leavitt (1991) 229 Cal.App.3d 1236, 1247-48:

Under well-accepted principles of condominium law, a homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the declaration.

The decision whether to litigate is a significant one

which should not be made in haste.


HOMEOWNERS ASSOCIATION LAW

Last year totalWho is CLAC? If you are not familiar with CLAC, the acronym stands or California Legislative Action Committee. This com-mittee consist of volunteers who represent over 9,000,000 homeowners and property owners throughout California.

What do they do? CLAC reviews pro-posed legislation and takes positions on all bills which affect HOA’s. In other words, they represent you. The committee de-pends solely on donations of community associations.

Why Donate? It is our chapter goal to assist CLAC in their efforts to make sure HOA’s interest are being recognized. I encourage you to develop a relationship with your CLAC representative and find out what they are currently working on.

Become a Member? If you are interested in joining the Coachella Valley CLAC com-mittee, please contact the CAI-CV office for more information on how to do so.”

contrIbutIons

CLAC NEWS

GoaL2014 contributions*

cLac

$9,670

* This amount set by CLAC and based on CAI-CV membership count.

$16,194

CAI-CV

Get to Know Your BoArd of dIreCtor’s

Leslee williams, PCAM, AMs, CMCA, CCAM

2014

Desert Resort Management Member since 2010

PO Box 14387Palm Desert, CA 92255

Phone: (760) 346-1161Fax: (760) 346-9918

[email protected]

New to the Board of Directors this year, allow us to welcome Leslee Williams! Leslee has worked in the community association industry since 2007. With over 6 years of homeowners association experience, she has an in-depth and diverse level of expertise in managing a variety of communities. Additionally, she has expanded her knowledge through education from the California Association of Community Man-agers, Inc. (CACM) and the Community Associations Institute (CAI). She earned the CCAM® designation in 2008, the CMCA® designation in 2011, the AMS® desig-nation in 2011, and the PCAM® designation in 2013.

Leslee has been a member of the CAI- Coachella Valley Chapter for several years, and has served on many committees since she became a member. She was named CACM’s “Rookie of the Year” in 2010, a state-wide accolade. In 2011 the chapter presented her with the “Rookie of the Year” and “Volunteer of the Year” awards. In 2012, Leslee was named CAI-CV’s “Volunteer of the Year” again and was a mem-ber of the “Committee of the Year.”

The board must carefully look at the specific violation at issue along with the applicable governing document pro-visions when deciding whether to commence an enforce-ment lawsuit. The clarity of the relevant governing docu-ment provisions, the nature and severity of the violation, the strength or weakness of the evidence and witnesses, and the existence of potential defenses which could be raised by the offending owner are all major issues for the board to consider.

4. Pre-Trial discovery Will Not Be FunOnce a lawsuit is filed, the process of formal pre-trial

discovery begins. Remember all of those hasty emails which the directors sent to each other (or to the manager) about the owner who may be sued? These will probably have to be produced to the member’s attorney, and may end up being introduced as exhibits, and shown to the judge and jury during the trial.

What about the executive session minutes which set forth in detail the discussion of why the board decided to take the actions and make the decisions at issue in the lawsuit? Unless a specific entry is protected by the attor-ney-client or other recognized privilege, those executive session minutes may have to be copied and sent to the member’s lawyer during discovery.

Another part of discovery is the deposition, where directors and managers may have to spend an entire day answering difficult questions from the opposing attorney under oath.

In short, the correct time for the board to analyze the above matters and the association’s antici-pated participation in the pre-trial discov-ery process is before it makes a final deci-sion to institute litigation.

5. Precedent Is An Important consideration – Both Ways

One of the benefits of making a decision to litigate an enforcement case is that if the association wins it will establish a favor-able precedent for future cases, will clearly

communicate to all members that the governing docu-ments are not just meaningless pieces of paper, will demon-strate the board’s clear resolve with respect to other viola-tors, and will show that there are significant consequences for those who refuse to comply with their responsibilities as association members.

On the other hand, if the association is not victorious at trial, the opposite will similarly be true. Subsequent gov-erning document violators (even on unrelated issues) may be emboldened by the association’s litigation loss. Further-more, such members may believe they have nothing to fear from violating the rules because either the board will think twice about filing another lawsuit, or if a new lawsuit is filed, the members will again prevail at trial.

To litigate or not to litigate? Whatever decision the board makes, make sure it is a well-reasoned and informed one.

Gary Kessler is an attorney with Adams Kessler PLC, and has been representing homeowners associations for more than twenty years. You can contact Gary by sending him an email to

[email protected].



fEATuRE

As a Certified Arborist I get called out for many reasons. Usually it’s diagnosing some kind of concern for the

health of a tree, or whether for various reasons the tree has become a hazard. But the one that drives tree hugger’s nuts is that age old dispute, “But I bought my home for the view!” This suddenly becomes an emotionally charged issue, pit-ting the homeowner against the well intended association manager. It’s sometimes a no win situation. The associa-tion manager doesn’t want to go back to his or her board of directors and tell the board we need to top a healthy tree just because one angry homeowner has lost his view of the mountains. This might sound like an isolated situation, but it happens more than you think. So what does the associa-tion do to resolve the dispute? My answer to this question is always the same. It’s never a good idea to top a tree. I have written so much on this tree topping issue that I’m sure managers are tired of hearing about it. To me it’s more than the negative ramifications of what happens to a healthy tree when it is topped. And, for those who don’t understand tree biology the first reason that this is really bad idea is when you remove the canopy and most of the leaf tissue (the food making ability of the tree): then you starve the tree and in a lot of cases you kill it anyway. Not to mention if the tree is able to recover, it will be disfigured with weakly attached branches and then it now has become a hazard, and no one wants that liability issue. So, unfortunately if you cave in to


By Jay Powell, Conserve Landcare

the homeowner’s wishes and top the tree to restore the view you might as well have taken the tree down in the first place. I have walked away from this issue many times, only explaining all the negativity sur-round topping trees with out giving advice. Simply put, I don’t want to be responsible for killing trees. I look at trees differently than most people, I guess. To me the tree is a living thing that provides so many benefits that are far more important than view. How about just enjoying the tree? That beautiful work of nature that provides you with shade, cools your home, cleans the air by absorbing carbon dioxide and releasing oxygen through the stomata in the leaves. The tree provides a nesting place for birds and adds value to your property. Trees are our friends. So when the chain saw mas-sacre crew shows up to top a healthy tree for view purposes, or simply remove a valuable asset to your association (for reasons that do not make any sense to me ) I hope you think about this and do what you can to stop this from happening.

Jay Powell, Vice President Sales & Marketing. You can reach him by cell at (760) 250-7646 or email [email protected]

“But I bought my home for the view!”

Topped Tree

your aD here

[email protected] | (760) 341-0559

established in 1949, Western Pacific Roofing is a full service roofing company that provides qual-

ity installations of almost every material type. We are approved applicators for most major material manufac-turers that offer several solutions to any roofing project, including manufacturer warranted systems. From large commercial buildings to homeowners associations to small leak repairs, Western Pacific Roofing performs installations on every size project. As a family owned company, we take tremendous pride in commitment to quality and service.

Dedicated employees are a company’s greatest asset. Here at Western Pacific Roofing, our success thrives off of our dedicated staff whom we are proud to call family. Having motivated employees with a sense of belonging has greatly contributed to Western Pacific Roofing’s suc-cess. Many of our employees have been with us for over fifteen years. Along with a wonderful work environment, we offer great health care and 401k benefits.

Our Service Department, led by Service Coordina-tor Linda Johnson, maintains client relationships by answering and directing client inquiries as well as schedules all service calls. In efforts to service our clients during after hour emergencies, we provide a 24 hour answering service.

Insuring we maintain the highest level of quality, our Production Superintendents Richard Brunelle and Ray Tingzon inspect every project throughout the installa-tion process. Managing our wall foam division, Jill Lud-vickson, supplies interior insulation to new construction projects as well as re-construction and building retrofits.

Serving on the certification committee, Ron Winkle provides testing criteria for the polyurethane foam industry. Ron was recognized as one of the first RISE (roof integrated solar energy) CSRP Certified Solar Roof-ing Professional. We have worked with city building departments developing criteria to install photovoltaic solar systems.

2014 PL AtI n u M sPonsor sPotLIGH t

thank you to western Pacific roofing Corporation for their generous support of CAI-CV

CAI-CV

If you are ready to take on a landscaping project that will provide you a lush garden view while also helping you to

conserve water, you can find inspiration from throughout the valley.

Many HOAs and other property owners in in the Coach-ella Valley have traded large expanses of turf for beauti-ful desert-friendly plants and decorative material. For example, Palm Desert Greens Country Club this summer removed approximately 39,000 square feet of grass from a mile-long street median.

The six-week turf removal project included installation of desert-friendly plants, a new irrigation system and hard-scape materials such as decorative rock and decomposed granite. This $77,000 turf conversion project was partially completed through the Coachella Valley Water District’s turf rebate program.

Roberta Reynolds, general manager of Palm Desert Greens Country Club, said she has received a lot of positive feedback from Palm Desert Greens residents. In addi-tion, labor and maintenance costs have been significantly reduced for the country club.

Previously, in 2007, the country club also renovated the landscaping at its front entrance. In addition, the country club’s golf course pump station was renovated in 2009.

Another HOA that completed landscaping renova-tion projects in the past few years include Palm Valley HOA, which began slowly introducing desert-friendly

landscaping in 2007. Inspiration for desert-friendly designs and plant choices also can be found at Sunnylands Center & Gardens and in many of our local communities where grass in street medians has been replaced with water-effi-cient landscaping.

If your HOA is considering a landscaping redesign, be sure to visit our website at www.cvwd.org for planting ideas and information about rebate programs. Then, if you are unsure what kind of landscape project you are ready to take on or if you want to learn more about whether your home-owner association would qualify for the rebate program, which requires preapproval, consider a consultation with us. We will assess your current landscaping and outdoor water usage and outline options for moving toward lush and efficient landscaping.

Our Water Management Specialists also are available to speak to your HOA committee members or groups of resi-dents about conservation and water management. To set up a consultation with us, call CVWD at (760) 398-2651. Rebate applications are available in person at a CVWD office or at our website at www.cvwd.org

Dave Koller is the Conservation Coordinator for Coachella Valley Water District. He has a master’s degree in horticulture, is a certified arborist and landscape irrigation auditor. You can contact him

at [email protected] or (760) 398-2651.

The six-week turf removal project included installation of desert-friendly

plants, a new irrigation system and hardscape materials such as decorative

rock and decomposed granite.

Look to your neighbors for great landscaping ideas

By Dave Koller, conservation coordinator, Coachella Valley Water District

The relationship between building owners, contrac-tors and managers is vital to the success of any roofing project. Rob Winkle currently serves as vice president of the Western States Roofing Contractors Association and has been honored to previously serve as President of CAI.

Continuously supporting education in our indus-try, Western Pacific Roofing’s Sig Hall III has served as President of the SPFA (spray polyurethane foam alli-ance) as well as the Board of Directors of The Western States Roofing Contractors Association. Sig was recently acknowledged for his work and dedication in bringing the SPFA convention and certification program to Palm Springs. Applicators from around the country come to achieve certifications for field examinations. His lead-ership has created a venue for all contractors that seek higher education.

Understanding the importance and value of safety, we have a comprehensive safety program and utilize an independent safety compliance firm. Western Pacific Roofing is a merit based company that recognizes indi-viduals for their achievements and commitment to pro-viding quality service to our clients. As a member of CAI for more than 17 years, we recognize our membership to an organization that promotes education is valuable. Through the years we have established many business relationships as well as friendships.

We are proud to be in our 65th year in business and wish to thank all of our clients that have made this jour-ney possible. Along with a wonderful work environment, we offer great health care and 401k benefits. They find value in the quality of material and service provided is more important than low price.

We look forward to many more years of service for our clients roofing needs and truly appreciate the support that we have received from our community.


WATER WISE

Here’s the latest from our lobbyist in Sacramento, Skip Daum:

CLAC recently convened another very successful annual HOA Round Table in the Capitol among thirteen lobbyists rep-resenting banks, developers, managers, Realtors, the Bureau of Real Estate, land title, and the Department of Consumer Affairs.

The following probable and possible bills were identified: transfer fee clarifi-cation, notifications to “missing” owners, responsibility for exclusive use common areas, squatters, and HOA members’ attorneys participating in internal dis-pute resolution. There may be a bill deal-ing with fining members who cut back on their lawn watering during this drought.

We briefed everyone on CAI’s and CLAC’s high level of involvement in Washington regarding FEMA’s denial to fund debris removal in CIDs, HUD’s ser-vicing, FHA’s approving 6 months prior-ity lien, condominium certification, and reducing flood insurance premiums.

The realtors have agreed to accept our proposal to jointly issue a press release concerning condo certification. It supports shortening the process and paperwork.

We believe that we impressed all with our “coast-to-coast” involvement and leadership on HOA issues.

There will be another one thousand bills introduced by March 1. In the meantime we are continuing to work on improved language for our own AB 1360 optional electronic balloting.

All these measures will be active by the time we ALL convene in Sacramento for our 22nd Annual Legislative Day in the Capitol. Be sure to make your reserva-tions to attend before March 21, 2014 to receive early registration rates.

Skip Daum, CLAC Lobbyist in Sacramento

CLAC Moment

go the extra mile for your clients become a cai educated business partner

You go the extra mile for your business. Show your community association clients you’re willing to go the extra mile for them, too.

The new Educated Business Partner distinction recognizes active CAI Business Partner members who have successfully completed Business Partner Essentials, an online course

developed by CAI to help product and service providers better understand the issues and challenges faced by their

association clients.

Take the course, pass the test, be affiliated with an active CAI Business Partner member, and you’ll earn the CAI Educated Business Partner distinction. As an added benefit, you’ll be listed on the CAI website, where clients can see your commitment to service.

Visit www.caionline.org/bpcourse, e-mail [email protected] or call (888) 224-4321 to learn more.

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grity

Knowledgecommitment

integrityKnowledge

integrity

For more than 27 years, Epsten Grinnell & Howell has been a recognized leader in community association law throughout Southern California.

We are a leader in our field for a reason. We work hard to earn our reputation and believe each day is another opportunity to solidify it. By preserving our founding mission of knowledge, integrity, commitment and success, we strive to be an entity that garners the admiration of not only our clients, but also that of our business associates, suppliers and our more than sixty employees.

Call us today ... your association’s success and ours go hand and hand.

Knowledge. Integrity. Commitment. Success.

800.300.1704 l www.epsten.com

San Diego10200 Willow Creek Rd., Suite 100San Diego, California 92131858.527.0111 • fax 858.527.1531

Inland Empire43460 Ridge Park Dr., Suite 200Temecula, California 92590951.461.1181 • fax 858.527.1531

Coachella Valley74830 Highway 111, Suite 100Indian Wells, California 92210760.836.1036 • fax 760.836.1040

SM


CLAC NEWS

Jay Powell (Mr. Tree Hugger) was raised on the southern California coast, and began his career in the landscape industry during the mid-80s. Working for a large land-scape maintenance firm in Los Angeles, Jay worked his way up the corporate ladder and bought part of the company and started Sunwest Landscape in 1988. He expanded the company to serve the Coachella Valley in 1991, and joined CAI in 1992. Jay found the social and business networking events a great avenue to connect with managers. Selling his landscape firm in 1997, Jay has been a top executive for various firms since; he became Vice-President and Sales and Marketing Manager for Conserve Landcare in 2013. Jay holds a C-27 California contractor’s license, and his is also a Certified Arborist, and previously held a pesticide license for many years. Jay has a real passion for trees, and has written several tree care articles for the Quorum. Hence his nickname—Mr. Tree Hugger.

Jay says that if he hadn’t started in the landscape indus-try, he would have been a sports writer. Baseball, basket-ball, football, golf, he loves them all. His mother was his inspiration for his love of sports. He tells the story of how his mom helped him to “play hooky” one day from school. The World Series was on television, and Jay pretended to be sick so he could stay home from school. His mom willingly wrote the excuse note for school so she and Jay could watch the Series together.

Jay has been married to his wife Dolores for twenty-eight years. To quote Jay: “She is my rock, without her I do not know where I would be.” Jay is also an avid golfer and has played the game since he was twelve. Dolores and Jay have raised and bred German Shorthaired Pointers for over twenty-five years. Their German Shorthair Pointer dog “Dirk” was featured on the October 2013 Quorum cover.

CAI-CV thanks Jay for his over twenty years of service to the Chapter, and for his continuous support of various CAI events. He can be reached at 760-250-7646, or by email at [email protected].

JAy PoWell

TIme HoNored memBerBy Phyllis Harkins, CMCA, CCAM

accountants & booKKeepers

BRABO & CARLSEN, LLP ................................. 2

asphaLt

AMS PAVING .................................................. 15

ASPHALT MD’S .............................................. 23

NELSON PAVING & SEALING ....................... 38

attorneys

EPSTEN GRINNELL & HOWELL ..................... 34

FIORE RACOBS & POWERS ............................ 6

GREEN BRYANT & FRENCH, LLP .................. 19

GURALNICK & GILLILAND, LLP ..................... 38

LAW OFFICE OF PEGGY REDMON ................ 2

PETERS & FREEDMAN, LLP ........................... 39

banKs

SEACOAST COMMERCE BANK .................... 19

MUTUAL OF OMAHA BANK ......................... 29

eLectrIc & water

COACHELLA VALLEY WATER DISTRICT ....... 17

Insurance

TIMOTHY CLINE INSURANCE ....................... 31

LanDscapInG

BLUESKY LANDSCAPE CORP ......................... 2

CONSERVE LANDCARE .................................. 4

HIGH TECH IRRIGATION, INC. ...................... 39

CAI-CV Chapter New & Renewing Members

Advertisers

ADVERTISER INDEx

ADVERTISINg INfORMATIONContact the CAI-CV Chapter Office

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new busIness partners

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new ManaGers

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chrIstIna enrIquezDesert Resort Management 760-346-1161 [email protected]

MIchaeL MoreInJ & W Management 760-568-0349 [email protected]

rejoInInG busIness partners

anDrea bunchAllied Trustee Services 916-690-5363 [email protected]

erIca scheInHar-Bro 951-680-8900 [email protected]

DanIeLLe haLLManHOA Elections of California, Inc 888-589-VOTE (8683) [email protected]

aLIcIa poweLLQuality Street Service, Inc 760-776-8460 [email protected]

sanDra harDInThe Lock Shop, Inc 760-346-5214 [email protected]

rejoInInG ManaGers

freD stronGAlbert Management 760-346-9000 X1017 [email protected]

robert supaLLaEquity Management 951-296-5640 [email protected]

Irene DavIsWhitestar Management 760-218-7115 [email protected]

renewInG busIness partners

brIana jorDanBrudvik, Inc. 760-320-4429 [email protected]

aaron GarcIaFenceWorks 714-328-0094 [email protected]

rIcharD weLshLeak Point 760-364-2509 [email protected]

scot KoehLerTime Warner Cable 760-674-5642 [email protected]

renewInG coMMunIty assocIatIon voLunteer LeaDer

MaryLyn sherManLVC Master Association [email protected]

renewInG ManaGeMent coMpany

DanIeL farrarFirstService Residential 760-834-2487 [email protected]

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steven shueyPersonalized Personal Management 760-325-0059 [email protected]

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Lawrence neLsonCerta Pro Painters, Ltd 760-320-1909 [email protected]


Writers for every topic.

give our readers your unique perspective.

Join the fastest-growing committee in the Chapter.

Please contact the CAI-CV office to become famous and wield that pen like a sword.

Come join the Quorum today!

[email protected] | (760) 341-0559

GURALNICK & GILLILAND, LLPATTORNEYS AT LAW

Member of CAI and CACM

Legal Services for Community Associations

• GeneralCounsel

• AssessmentLienandForeclosure •NoCostCollections •FeesPaidbyDelinquentHomeowner •DetailedMonthlyStatusReports •TitleReportsatNoChargetoAssociation

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The attorneys and staff at Peters & Freedman, L.L.P., are seasoned professionals in the field of community association law. With experienced attorneys, paralegals, assessment collection specialists and administrative staff, Peters & Freedman, L.L.P. is committed to providing effective, innovative and comprehensive legal services to community associations throughout Southern California. As a full service Law Firm, we can help you with any issue facing your association.

If you have questions regarding any of our legal services or would like to request a free, printed copy of our latest community association Legal Guide book, please contact us. You may also visit our website to learn more about our Firm or to download an electronic copy of our current Legal Guide.

San Diego Area: 760.436.3441Coachella Valley: 760.773.4463Orange County: 949.390.2971

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As a full service law firm, our services include:

InterIor & exterIor Staining Concrete Replacement & Grinding Waterproofing Treatments Patio & Pool Deck Coatings Concrete Efflourescence Treatment Kool Deck Repairs

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CAI-CV BusIness & eduCAtIon expo

pleAse ContACt the CAI-CV offICe for reserVAtIons - (760) 341-0559

your aD [email protected] | (760) 341-0559

Tuesday, March 25 J.W. Marriot Desert Springs & Spa

See Over 40 BuSineSS ParTner

exhiBiTSCorporate Sponsors

Adams KesslerAMS PavingAsphalt MDs

CBCI ConstructionEpsten, Grinnell, & Howell, APCFarley Interlocking Pavingstone

Har-BroWICR

reception SponsorBlue Sky Landscape

education SponsorPacific Western Bank

GrowthintheValley: How will you be affected?

Free TO ManagerS & hOa BOarD MeMBerS

ENTRY RAFFLE Every attendee will receive one raffle ticket upon entry. Option to purchase addition tickets will be available.

Enter to win the GRAND PRIZE Space is limited, be sure to register early!

Location

J.W. Marriot Desert Springs Resort 74-855 Country Club Drive

Palm Desert, CA 92260 (corner of Country Club and Cook St.)

Business and Education Expo

*A MUST ATTEND EDUCATIONAL SESSION*

“Growth in the Valley: How will YOU be Affected?”

Register today at [email protected] or at 760.341.0559

FREE to ANYONE living in an HOA, serving on an HOA Board of Directors or managing an Association!

*TOM KIRK is the Executive Director of the Coachella Valley Association of Governments (CVAG)

Come hear

Speaker

TOM KIRK*

discuss the

Please note: NO Business Partner Member or Non-Member is permitted in the Reception unless they are a Corporate of Reception Sponsor

History of Link Where are we now? How people can get involved?

Location Timeline Funding: Where did the funds

come from? Tom Kirk


JOIN CAI!

CAI-CV upCoMIngevents

cutting edge amendments: Getting creative, proactive & Down to business w/ susan hawks Mcclintic, esq when: Friday, March 7th 2014 where: Palm Valley Country Club

business & education expo speaKer: Tom Kirk theMe: Growth in the Valley: How will you be affected when: Tuesday, March 25th where: J.W. Marriot Desert Springs & Spa

March

aprILDay at the capItaL when: Sunday April 6th and Monday April 7th where: Sacramento, CA

essentials: board boot camp when: Friday April 11th where: Palm Valley Country Club

caI-cv Golf tournament theMe: Americana: Old West when: Friday April 25th where: TBD

There are many benefits to being a part of our chapter, including the monthly Quorum magazine. Call (760) 341-0559 today.

41-905 Boardwalk, A-2Palm Desert, CA 92211

Platinum _AMS Paving, IncAsphalt MDsDesert Resort ManagementEmpire WorksEpsten Grinnell & Howell, APCFarley Interlocking PaversFiore Racobs & PowersNelson Paving & SealingPacific Western BankPeters & Freedman, LLPSign a ramaSunshine LandscapeUnited Paving Co.Vintage Associates IncWestern Pacific Roofing

Gold ______Flood ResponseSecuritas

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Bronze ___Painting UnlimitedSBS Lien ServicesSeacoast Commerce BankServPro of Palm DesertSherwin WilliamsUnion BankValley Crest Landscape

2014 CORpORATE SpONSORS

coachella valley community associations institute magazine

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